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August 18, 2020
F "n,, Shakopee City Council August 18, 2020 7:00 PM City Hall, 485 Gorman St. Vision: Shakopee is a place where people want to be! A distinctive river town, with a multitude of business, cultural and recreational opportunities in a safe, welcoming and attractive environment for residents and visitors. Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. Key strategies: 1. Financial stability 2. Enhancing community strengths 3. Effective public services 4. Communication Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *4. A.1. *City Council Minutes B. Parks and Recreation *4. B.1. *Lower/Back Entrance Activation at Community Center *4. B.2. *SandVenture Critical Maintenance Items 2020 *4. B.3. *Disposal of Surplus Items C. Planning and Development *4. C.1. *Metropolitan Council TBRA Grant Agreement D. Public Works and Engineering Page 1 of 178 *4. D.1. *NW Shakopee Stormwater BMP Retrofit Project *4. D.2. *Right -of -Way and Drainage and Utility Easement Encroachment Agreement *4. D.3. *Professional Service Agreement with AE2S for SCADA System Improvements Design Services 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. General Business A. Administration 7. A.1. Monthly Financial Review- July 2020 7. A.2. SPUC Abolishment Vote Resolution 7. A.3. Update Tobacco Ordinance B. Public Works and Engineering 7. B.1. LEAD Academy Certificate Acknowledgements C. Planning and Development 7. C.1. Planned Unit Development Amendment to Southbridge Crossings East and Preliminary / Final Plat of Southbridge Crossings East 6th Addition 7. C.2. Review of Draft Request for Proposals for a Feasibility Study for SandVenture 7. C.3. Resolution to apply for EDA Public Works and Economic Adjustment Assistance (PWEAA) Grant Application CARES ACT 8. Reports 8.A. City Bill List 8.B. Liaison & Administration Reports 9. Other Business 10. Adjournment to Tuesday, September 1, 2020 at 7 p.m. Page 2 of 178 *4.A.1. Shakopee City Council August 18, 2020 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council Meeting Minutes of August 5, 2020. Policy/Action Requested: Approve the meeting minutes of August 5, 2020. Recommendation: Approve the above requested action. Discussion: Budget Impact: ATTACHMENTS: a August 5, 2020 Page 3 of 178 Shakopee City Council Minutes August 5, 2020 7:00 PM City Hall, 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor Bill Mars Present by Video: Councilmembers Jody Brennan, Matt Lehman, Jay Whiting, Angelica Contreras Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Nate Burkett, Finance Director Nate Reinhardt, Planning/Development Director Michael Kerski, Fire Chief Rick Coleman, IT Director Andy Hutson Staff Present by Video: City Attorney Jim Thomson, City Engineer/Public Works Director Steve Lillehaug, City Clerk Lori Hensen 2. Pledge of Allegiance 3. Approval of Agenda Whiting added item 11.A. SPUC Question Councilmember Jay Whiting made a motion to approve the agenda, seconded by Councilmember Jody Brennan and the motion passed. 5-0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Brennan removed item 4.A.2. for further discussion. Councilmember Matt Lehman made a motion to approve the consent agenda as modified, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 Page 4 of 378 A. Administration *4. A.1. *City Council Minutes Approve the meeting minutes of July 21, 2020. (Motion was carried under consent agenda.) *4. A.2. *Commendation for the Department of Parks and Recreation Councilmember Jody Brennan made a motion to approve Resolution R2020-094 which commends the Department of Parks and Recreation for their outstanding planning, flexibility, steadfast determination and customer service in one of the most trying times imaginable, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 *4. A.3. *Monetary Limits on Tort Liability for League of Minnesota Cities Insurance Trust To elect not to waive the monetary limits on tort liability. (Motion was carried under consent agenda.) *4. A.4. *Network Switch Replacement Approve the purchase of the scheduled replacement network switches for $28,411.50 from Logis through CDWG. (Motion was carried under consent agenda.) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time See item 4.A.2. 7. Recess for Economic Development Authority Meeting Councilmember Matt Lehman made a motion to recess to the Economic Development Authority meeting, seconded by Councilmember Angelica Contreras and the Page S of 378 motion passed. 5-0 8. Reconvene 9. General Business A. Fire 9. A.1. Fire Department Staffing Informational only 10. Reports 10.ACity Bill List Informational only 10.BLiaison & Administration Reports 11. Other Business Councilmember Jay Whiting made a motion to direct staff to bring back a discussion on putting a question on the ballot to dissolve SPUC, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 12. Adjournment to Tuesday, August 18, 2020 at 7 p.m. Councilmember Angelica Contreras made a motion to adjourn to Tuesday August 18, 2020 at 7:00 p.m., seconded by Councilmember Jody Brennan and the motion passed. 5-0 Page 8 of 378 *4.B.1. Shakopee City Council August 18, 2020 FROM: Jay Tobin, Parks and Recreation Director TO: Mayor and Council Members Subject: Lower/Back Entrance Activation at Community Center Policy/Action Requested: Approve contracts with Greystone Construction in an amount not to exceed $49,950 and Midwest Fencing in an amount not to exceed $12,250, and authorize a $12,000 project contingency for a project total not to exceed $74,200 to add a rear public entrance to the Community Center, using CARES funds. Recommendation: Approve Policy/Action as requested. Discussion: Shakopee is committed to providing a safe and healthy environment at the community center for all customers and staff. To ensure the safety of all customers and staff, we developed a COVID-19 Preparedness Plan in response to the COVID-19 pandemic in accordance with Executive Orders from the Governor of Minnesota, and implementation guidance from the Minnesota Department of Health and the Minnesota Department of Employment and Economic Development. Our goal is to mitigate the potential for transmission of COVID-19 within our facility to protect our community. Customers now make reservations for amenity slots in order to provide them with predictable access as we schedule sanitizing windows between reservations so allow can complete their new cleaning tasks. The community center's highest demand amenities are found in the fitness area, and the aquatics center. Currently, there is only one entrance for customer to access the facility, which is located on the upper level on Fuller Street. Adding another entrance for customers will provide shorter access routes to the lower -level amenities, will mitigate the bottle -neck congestion resulting from a single entrance/exit point, and set the conditions for overall better customer flow. Under the constraints of COVID-19, customer flow is heavily Page 7 of 178 scrutinized and must be carefully managed. Adding a lower-level/back entrance as the customer access point for the aquatics center, gymnasium, and multi -purpose room builds on current successful efforts to provide a safe and healthy environment for customers and staff Once approved, this additional entrance should be completed as soon as possible, in order to improve the safety of the community center environment for the health of customers and staff Prior to the dynamic changes and unique operational demands of COVID-19, a lower- level/back entrance was not identified as a need, so it was not included in the most recently approved budget. This $68,191.00 project would be funded by CARES Act funding, with Terry Link (Building Maintenance Manager) serving as Project Manager in order to lower project costs and benefit from his personal knowledge of the facility. The project can be completed by November 15, 2020 with Greystone Construction handling most of the scope for $49,950.00. MidWest Fencing will complete the fence around the outside HVAC system (adjacent to the entrance) for $12,241.00. As Mr. Link works with the vendors who already help maintain our facility to address the remaining minor portions of the project related to: electrical; HVAC; fire alaruismoke detector; and door controls, for $6,000. The addition of a lower -level entrance is critical to providing a safe and healthy environment at the community center for all customers and staff This project meets the requirements for CARES Act funding, and should be completed as soon as possible Budget Impact: CARES Act funding of $68,191.00 ATTACHMENTS: o MidWest Fence Bid o Greystone Bid o Back Entry Project Plan Page 8 of 178 nedettea 7mm & NO, 525 E. Villaume Ave. South St. Paul, MN 55075 Phone: 651.451.2222 I Fax: 651.451.6939 Company: Shakopee, City of Contact: Terry Link Address: 1255 Fuller Street Office: City: Shakopee State: MN Zip: Job Site: Same Cell: 952-228-9917 Date: 8/3/2020 Job #: Estimator: Todd Renfors Email: ToddR@Midwestfenceco.com Mobile: 612-282-9808 Quantity Description Amount Furnish and install 76 If 8' high Trex composite privacy fenceing 5" x 5" Trex posts set in concrete footings 4 4" 40 weight commercial grade galvanized gate posts set in concrete footings 1 8' high x 4' wide single swing walk gate 1 8' high x 8' wide double swing drive gate All gates include standard gate hardware All gates have 2" galvanized steel frame with Trex fill Total materials and labor $ 12,241.00 Permit by owner Proposal is valid for 30 days. TOTAL $ 12,241.00 Fence lines, property lines and elevations to be provided by owner, construction manager or general contractor. ALL permits, fees and private utilities are the sole responsibility of the customer. Unless otherwise stated, owner is responsible for obstruction removal of every nature which will interfere with the fence installation. This proposal assumes normal ground conditions and excludes installation through rock, concrete and backfill. Unless otherwise stated, ALL hand digging is excluded. Should rocky or excessive hard digging be encountered, this proposal is subject to additional labor costs. Midwest Fence shall furnish only the materials and labor specified in this proposal. Any deviation from the above specifications will be subject to a change order. A Service charge balances. The purchaser costs incurred by Midwest Fence agreed to in this of 1.5% (18% annually) will be applied on all past due shall be responsible for any and all collection and legal Midwest Fence in the event of this bill becomming past due. reserves the right to lien the improved property if payment in full as contract is not received. Customer Signature Date www.midwestfence.com Page 9 of 178 GREYST©NE Go N s r rf i,i r„ n 0" 201 Slate Drive, Suite tt1 Bismarck, ND 58503 Corporate Office 0 l 1 i,r 952-496-2227 500 S Marschall Road, Suite 300 nu Shakopee, MN 55379 North Dakota Office P701-214-5893 Proposal Date Sheet No. 1 of 1 July 21, 2020 Work Submitted To: Work To Be Performed At: Name Street City/State Phone Number Attention: E-mail City of Shakopee 1255 Fuller St S Shakopee, MN Terry Link Job Name Street City/State Date of Plans Architect Terry Link <TLink@ ShakopeeMN.gov> Aquatics Center Entrance 1255 Fuller St S Shakopee, MN 10-14-2019 292 Design Group We hereby propose to furnish all the materials and perform all the labor necessary for the completion of the following: Aquatics Entrance Remodel Entrance Door Work Area 1 Relocate existing double door from exterior to interior area 1 Furnish and install white aluminum double door to replace relocated door Install CMU wall in area 1 to install relocated door Area 2 Install metal stud/sheetrock wall Figured removable panel for access Area 3 Remove and relocate existing double doors to new storage doors Furnish and install new Dutch double doors in area 3 Figured hollow metal door and frame Area 4 Engineered Steel Canopy Structure - design and drawing included Install concrete piers to support steel structure Furnish and install steel canopy with dual slope roof Figured glavanized or powder coated steel Soffit figured underneath Metal panel roof and trim included Free standing structure 12" away from existing building Areas #1-4 Total Bid $49,950.00 Notes: Fire supporession work by others Interior painting by others Electrical work by others Permit allowance of $1000.00 included in pricing Page 10 of 178 GREYSTONE Go N rrfilr„ri0N 201 Slate Drive, Suite tt1 Bismarck, ND 58503 Corporate Office 0 l 1 i,r 952-496-2227 500 S Marschall Road, Suite 300 nu Shakopee, MN 55379 North Dakota Office P701-214-5893 Proposal Date Sheet No. 1 of 1 July 21, 2020 Work Submitted To: Work To Be Performed At: Name Street City/State Phone Number Attention: E-mail City of Shakopee 1255 Fuller St S Shakopee, MN Terry Link Job Name Street City/State Date of Plans Architect Terry Link <TLink@ iShakopeeMN.gov> Aquatics Center Entrance 1255 Fuller St S Shakopee, MN 10-14-2019 292 Design Group Excludes: - Engineering/structural design unless noted - Temp enclosures - Overtime/Double time/weekend work - Permits - Unless noted - Unforssen below grade conditions - Work Figured during normal business hrs N - Electrical - Security Equipment - Winter Conditions - Irrigation - Signage - Material Testing - Unless Noted - Architectural Design - Fire Suppression - Mechanical Work - Plumbing - Hazardous Materials - Special Inspections All material is guaranteed to be as specified, and the above work will be performed in accordance with the drawings and specifications listed above and completed in a substantial workmanlike manner for the sum of: Respectfully submitted by: Greystone Construction Company Division Manager - Facility Solutions Josh Rubatt - jrubatt@greystoneconstruction.com This proposal may be withdrawn by Greystone Construction Company if not accepted within 30 days. Upon acceptance of this Proposal, all notations as stated above shall be incorporated as part of the contract documents unless otherwise noted. Equal Opportunity Employer/Contractor Page 11 of 178 r O CD CC 0 U) CU`-, 0 0 U U 0 W ii/1liiiiliiiiiliaio cc O U U O U w LOWER LEVEL PLAN - PROPOSED REVISIONS PROPOSED REAR POOL ENTRY MODIFICATIONS W Q u_ 0 .6 ❑ U) co Z Z cc pcn— W0 a H a oo J W m ❑ H Z } 2 co Z OU > Lu 1 Q Q 0 Lu Q p w Q W W H Lt r Li H J W H c d < 0_ wOW ❑U Z WI_Q H U) 0 p w 0 _1 O W m H 2 U) ct — ❑ U W ❑ U Z H H W w ❑ Q < Q wOC O U Q � CO j Z I J ❑� 0< 0<0 0 m H U) _ H • Z o� 0 a I ❑ 0 H 1 Z Z W fP 4. PROVIDE A NEW FREE-STANDING ENTRY CANOPY; FREE-STANDING CANOPY DOES NOT REQUIRE FIRE SUPPRESSION. w F- Z w U F- ›- Z- 2 � 2 0 0 w w 0 0 2 V J PROPOSED REAR ENTRY *4.B.2. Shakopee City Council August 18, 2020 FROM: Jay Tobin, Parks and Recreation Director TO: Mayor and Council Members Subject: SandVenture Critical Maintenance Items 2020 Policy/Action Requested: Approve contracts with Horizon Commercial Pool Supply in an amount not to exceed $20,950, Global Specialty Contractors in an amount not to exceed $168,750, Fischer Brothers in an amount not to exceed $3,500 and WW Goetsch Associates in an amount not to exceed $15,000 and authorize a project contingency of no more than 10% to complete critical maintenance items at SandVenture Aquatic Park. Recommendation: Approve policy/action as requested. Discussion: At the July 14, 2020 workshop on SandVenture's future the Shakopee City Council directed staff to identify those critical maintenance items that must be completed in order to reopen in 2021. After reviewing the scope of maintenance needs for SandVenture, staff has identified 3 items as critical maintenance needs that must be addressed in order to reopen in 2021: the chlorination system; the filtration system; and needed repairs to use the large slide attraction safely. The chlorination system: Council unanimously supported the need to transition to the much safer Accutab System. Horizon Commercial Pool Supply can complete this transition for $20,950.00. The filtration system: the existing filtration consisting of 5 sand filters is the best long-term alternative for SandVenture and Global Specialty Contractors Inc. will complete the full scope of replacement $168,750.00. Page 13 of 178 Big slide repairs: the slide has exposed fiberglass the must be resolved as a safety concern, and the pump that makes it run is overdue for lifecycle replacement. Fischer Brothers is the only vendor willing to repair the slide, a repair they have successfully completed at other metro facilities, and which can be done for $3,500.00. The slide pump will be rebuilt for $15,000.00 by WW Goetsch Associates, the only vendor who does this kind of work in the metro area. Total cost for all critical maintenance at SandVenture is $208,200.00 which will be paid for out of the Building Internal Service Fund, and will completed this Fall in order to avoid any reopening delays in Spring of 2021. SandVenture has paid $1.7 Million into the Building Internal Service Fund through annual rents. Terry Link, (Building Maintenance Manager) will serve as the city's project manager for these maintenance projects. Budget Impact: The chlorination system: $20,950.00. The filtration system: $168,750.00. Big slide repairs: $3,500.00 + $15,000.00 = $18,500 Critical maintenance total: $208,200.00 (plus 10% contingency) from Building Internal Service Fund Page 14 of 178 *4.B.3. Shakopee City Council August 18, 2020 FROM: Jay Tobin, Parks and Recreation Director TO: Mayor and Council Members Subject: Disposal of Surplus Items Policy/Action Requested: Authorize staff to appropriately dispose of surplus items Recommendation: Authorize staff to appropriately dispose of surplus items Discussion: Parks and Recreation Staff identified items that could have a nominal value to sell, to be donated, or should be disposed of if no interested parties can be identified. The following items are surplus: - Candy purchased for the Egg Hunt (which had to be cancelled): is expiring and our concession operators are very interested in purchasing some of the candy - remaining candy will be used if possible for upcoming programs/events until expired and then appropriately disposed of. - Sound equipment: left overs from old Enigma Teen Center Stage days...filled up much needed storage space that be better used. Guitar Center buys anything they identify having value and anything remaining will be donated if we can identify an interested party or will be disposed of appropriately if no interested parties can be found. Any items sold or donated will be appropriately accounted for and/or documented. Budget Impact: Nominal impact from sale of surplus items Page 15 of 178 *4.C.1. Shakopee City Council August 18, 2020 FROM: Michael Kerski, Director of Planning & Development TO: Mayor and Council Members Subject: Metropolitan Council Tax Base Revitalization Account (TBRA) Grant Agreement. Policy/Action Requested: Approve Metropolitan Council TBRA Grant. Recommendation: Approve Metropolitan Council TBRA Grant. Discussion: The City of Shakopee joined the Metropolitan Council's Livable Communities in 2018 which allows the city to apply for certain grants and loans through their various programs. The TBRA allow cities to draw on grant funding from the Met Council to revitalize properties that are contaminated and return them to the tax roles. This funding has been used extensively throughout the metro area. On April 7, 2020, Council approved applying for a Metropolitan Council TBRA Grant for the Riverfront Bluff Project (Resolution R2020-045) for the amount of $458,600. The city was notified in July of receiving the grant award for the full amount requested. Budget Impact: The budget for the Riverfront Bluff project is $925,625. The city and the EDA created a redevelopment tax increment financing (TIF) district to pay for the purchase, removal of the existing structures, and to provide new public infrastructure including roadways, sidewalks, and utilities of the Riverfront Bluff property. After grant funding, the remaining funding will be paid by the approved TIF and will be repaid out of tax proceeds over time. ATTACHMENTS: TBRA Grant Agreement for Riverfront Bluff Project Page 16 of 178 a Resolution R2020 - 045 Page 17 of 178 TAX CONTA. INATI N CLEANUP G ppp III NT P GRANTEE: City of Shakopee GRANT NO. SG-14106 PROJECT: Riverfront Bluff GRANT AMOUNT: $ 458,600 FUNDING CYCLE: Spring 2020 COUNCIL ACTION: June 24, 2020 EXPIRATION DATE: June 30, 2023 COUNCIL AUTHORIZED AGENT: Josiah Waderich I josiah.waderich@metc.state.mn.us METROPOLITAN LIVABLE COMMUNITIES ACT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into by the Metropolitan Council ("Council") and the Municipality or Development Authority identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act ("LCA") and the policies of the Council's Metropolitan Development Guide; and WHEREAS, Minnesota Statutes sections 473.251 and 473.252 establish within the Metropolitan Livable Communities Fund a Tax Base Revitalization Account and require the Council to use the funds in the account to make grants to Municipalities or Development Authorities for the cleanup of polluted land in the seven -county metropolitan area; and WHEREAS, the Grantee is a Municipality or a Development Authority as defined in Minnesota Statutes section 473.252, subdivisions 1 and la; and WHEREAS, the Grantee seeks funding in connection with an application for Tax Base Revitalization Account funds submitted in response to the Council's notice of availability of grant funds for the "Funding Cycle" identified above and will use the grant funds made available under this Agreement to help fund the "Project" identified in the application; and WHEREAS, the Council awarded Tax Base Revitalization Account grant funds to the Grantee subject to any terms, conditions or clarifications stated in its Council Action, and with the understanding that the Project identified in the application will proceed to completion in a timely manner, all grant funds will be expended prior to the "Expiration Date" identified above, and Project development or redevelopment construction will have "commenced" before the Expiration Date. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree as follows: SG-14106 rev. 7/14/20 Page 18 of 178 C NTA INATI N CLEANUP G NT P G!,. I. DEFINITIONS 1.01. Definition of Terms. The terms defined in this section have the meanings given them in this section unless otherwise provided or indicated by the context. (a) Cleanup Costs or Costs. "Cleanup Costs" or "Costs" means: (1) For hazardous waste or substance contamination, the cost of implementing a voluntary response action plan approved by the Minnesota Pollution Control Agency under Minnesota Statutes section 115B.175, subdivision 3. (2) For asbestos contamination, the cost of implementing a project -specific asbestos project plan for the Site and performing asbestos -related work which is carried out by contractors or subcontractors licensed or certified by the Commissioner of Health under the Minnesota Asbestos Abatement Act, Minnesota Statutes sections 326.70 to 326.81, in accordance with rules prescribed by the Commissioner of Health related to asbestos abatement and asbestos management activity, and meeting the federal Asbestos Hazard Emergency Response Act ("AHERA") standards for asbestos. (3) For petroleum contamination, the cost of implementing a corrective action plan for the Site approved by the Minnesota Pollution Control Agency under Minnesota Statutes chapter 115C. (4) For lead abatement, the cost of lead abatement work performed by certified contractors consistent with all applicable federal and state laws, rules and standards governing lead abatement or regulated lead work on residential or commercial properties. (b) Commenced. For the purposes of Sections 2.08 and 5.03, "commenced" means significant physical improvements have occurred in furtherance of the Project (e.g., a foundation is being constructed or other tangible work on a structure has been initiated). In the absence of significant physical improvements, visible staking, engineering, land surveying, soil testing, cleanup site investigation, or pollution cleanup activities are not evidence of Project commencement for the purposes of this Agreement. (c) Council Action. "Council Action" means the action or decision of the governing body of the Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which the Grantee was awarded Tax Base Revitalization Account grant funds. (d) Development Authority. "Development Authority" means a statutory or home rule charter city, housing and redevelopment authority, an economic development authority, or a port authority in the "metropolitan area" as defined by Minnesota Statutes section 473.121, subdivision 2. (e) Municipality. "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254, or a county in the metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (f) Participating Municipality. "Participating Municipality" means a statutory or home rule charter city or town that has elected to participate in the Local Housing Incentive Account program and SG-14106 rev. 7/14/20 Page 19 of 178 C NTA INATI N CLEANUP G NT (g) negotiated affordable and life -cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. Project. Unless clearly indicated otherwise by the context of a specific provision of this Agreement, "Project" means the development or redevelopment project identified in the application for Tax Base Revitalization Account funds for which grant funds were requested. Grant -funded activities typically are components of the Project. (h) Project Costs. "Project Costs" means all costs as defined in Minnesota Statutes section 116J.552, subdivision 7. (i) Site. "Site" means the polluted land proposed by the Grantee to be cleaned up and located both within the metropolitan area and within a Participating Municipality. II. GRANT FUNDS 2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are from the Tax Base Revitalization Account of the Metropolitan Livable Communities Fund. The grant funds are derived from the area -wide tax imposed under Minnesota Statutes chapter 473F and are not from federal sources. 2.02. Grant Amount. The Council will grant to the Grantee the "Grant Amount" identified at Page 1 of this Agreement. The Council's obligation to reimburse the Grantee for eligible grant - funded expenditures shall not exceed the Grant Amount. Notwithstanding any other provision of this Agreement, the Grantee understands and agrees that any reduction or termination of Tax Base Revitalization Account funds made available to the Council may result in a like reduction in the Grant Amount made available to the Grantee. 2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under this Agreement shall be used only for Cleanup Costs for the cleanup of the Site described in the application for Tax Base Revitalization Account funds. A Project Summary that identifies eligible uses of the grant funds as approved by the Council is attached to and incorporated into this Agreement as Attachment A. Aerial photography or drawings that identify the specific location(s) within the Project boundaries or the Site(s) for which cleanup grant funds must be used is attached to and incorporated into this Agreement as Attachment B. Grant funds must be used for cleanup of the Site which must be located in a Participating Municipality. If consistent with the application and subject to the limitations in Minnesota Statutes section 116J.556, the Grantee may use the grant funds to provide a portion of the local match requirement for Project Costs that qualify for a grant under Minnesota Statutes sections 116J.551 to 116J.557. 2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the specific proposed Project activities for which the grant funds were awarded and shall not be used for "soft costs" such as: administrative overhead; travel expenses; legal fees; insurance; bonds; permits, licenses or authorization fees; costs associated with preparing grant proposals or applications; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. Grant funds may not be used for costs of Project activities that occurred prior to the Council Action, unless the pre -award costs were for: SG-14106 rev. 7/14/20 Page 20 of 178 C NTA_ INATI N CLEANUP G NT P G',. (a) Site investigation work that occurred within 180 days of the Funding Cycle application due date and is identified as a grant -funded activity in Attachment A; or (b) Project cleanup activities that occurred within 180 days of the Funding Cycle application due date that were expressly approved by the Council Action and are described or identified in Attachments A and B. A detailed list of ineligible and eligible costs is available from the Council's Livable Communities program office. Grant funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or loan funds obtained for the Project from other sources; or (b) Grantee contributions to the Project, including financial assistance, real property or other resources of the Grantee; or (c) funding or budgetary commitments made by the Grantee or others prior to the Council Action, unless specifically authorized in Attachment A. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the Project activities. The Grantee agrees to comply with any "business subsidy" requirements of Minnesota Statutes sections 116J.993 to 116J.995 that apply to the Grantee's expenditures or uses of the grant funds. 2.05. Loans for Low -Income Housing Tax Credit Projects. If consistent with the application and the Project activities described in Attachment A or if requested in writing by the Grantee, the Grantee may structure the grant assistance to the Project as a loan so the Project Owner can take advantage of federal and state low-income housing tax credit programs. The Grantee may use the grant funds as a loan for a low-income housing tax credit Project, subject to the terms and conditions stated in Sections 2.03 and 2.04 and the following additional terms and conditions: (a) The Grantee covenants and represents to the Council that the Project is a rental housing project that received or will receive an award of low-income housing tax credits under section 42 of the Internal Revenue Code of 1986, as amended, and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub -allocates low-income housing tax credits in the metropolitan area. (b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any grant funds for the Project, the Grantee will provide to the Council a copy of the loan agreement between the Grantee and the Project Owner. (c) The Grantee will submit annual written reports to the Council that certify: (1) the grant funds continue to be used for the Project for which the grant funds were awarded; and (2) the Project is a "qualified low-income housing project" under section 42 of the Internal Revenue Code of 1986, as amended. This annual reporting requirement is in addition to the reporting requirements stated in Section 3.03. Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01, the Grantee will submit the annual certification reports during the initial "compliance period" and any "extended use period," or until such time as the Council terminates this annual reporting requirement by written notice to the Grantee. (d) The grant funds made available to the Grantee and disbursed to the Project Owner by the Grantee in the form of a loan may be used only for the grant -eligible activities and Project SG-14106 rev. 7/14/20 Page 21 of 178 C TA_ INATI N CLEANUP G NT P G',. components for which the Grantee was awarded the grant funds. For the purposes of this Agreement, the term "Project Owner" means the current Project Owner and any Project Owner successor(s). (e) Pursuant to Section 2.04, the grant funds made available to the Grantee and disbursed to the Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner or others to supplant or replace: (1) grant or loan funds obtained for the Project from other sources; or (2) Grantee contributions to the Project, including financial assistance, real property or other resources of the Grantee; or (3) funding or budgetary commitments made by the Grantee or others prior to the Council Action, unless specifically authorized in Attachment A. The Council will not make the grant funds available to the Grantee in a lump sum payment, but will disburse the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.10. (f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the loan will be repaid so the grant funds may be used to help fund other activities consistent with the requirements of the Metropolitan Livable Communities Act; (2) covenants, represents and warrants to the Council that the Grantee's loan to the Project Owner will meet all applicable low- income housing tax credit program requirements under section 42 of the Internal Revenue Code of 1986, as amended (the "Code"), and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub -allocates low-income housing tax credits in the metropolitan area; and (3) agrees to administer its loan to the Project Owner consistent with federal and state low-income housing tax credit program requirements. (g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (l) when the Project Owner becomes obligated to repay the Grantee's loan or defaults on the Grantee's loan; (2) when the initial thirty-year "compliance period" expires, unless the Council agrees in writing that the Grantee may make the grant funds available as a loan to the Project Owner for an "extended use period"; and (3) if noncompliance with low-income housing tax credit program requirements or some other event triggers the Project Owner's repayment obligations under its loan agreement with the Grantee. The Grantee must repay to the Council all loan repayment amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to repay the grant funds to the Council except to the extent the Project Owner repays its loan to the Grantee, provided the Grantee has exercised the reasonable degree of diligence and used administrative and legal remedies a reasonable and prudent housing finance agency would use to obtain payment on a loan, taking into consideration (if applicable) the subordinated nature of the loan. At its discretion, the Council may: (1) permit the Grantee to use the loan repayment from the Project Owner to continue supporting affordable housing components of the Project; or (2) require the Grantee to remit the grant funds to the Council. (h) If the Grantee earns any interest or other income from its loan agreement with the Project Owner, the Grantee will: (1) use the interest earnings or income only for the purposes of implementing the Project activities for which the grant was awarded; or (2) remit the interest earnings or income to the Council. The Grantee is not obligated to earn any interest or other income from its loan agreement with the Project Owner, except to the extent required by any applicable law. SG-14106 rev. 7/14/20 Page 22 of 178 CCJNTA� IINATION CLEANUP G ANT P G!'. 2.06. Deferred Loans. If consistent with the application and the Project Summary, the Grantee may use the grant funds to make deferred loans (loans made without interest or periodic payments) for the purposes of implementing the Project activities described or identified in Attachments A and B. The Grantee will submit annual written reports to the Council that report on the uses of the grant funds. The form and content of the report will be determined by the Council. This annual reporting requirement is in addition to the reporting requirements stated in Section 3.03. Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01, the Grantee will submit the annual reports until the deferred loan is repaid, or until such time as the Council terminates this annual reporting requirement by written notice from the Council. At its discretion, the Council may: (a) permit the Grantee to use loan repayments to continue supporting affordable housing components of the Project; or (b) require the Grantee to remit the grant funds to the Council. 2.07. Restrictions on Loans or Grants by Subgrantees. The Grantee shall not permit any subgrantee or subrecipient to use the grant funds for loans or grants to any subrecipient at any tier unless the Grantee obtains the prior written consent of the Council. The requirements of this Section 2.07 shall be included in all subgrants. 2.08. Project Commencement and Changes. The Project for which grant funds were requested must be "commenced" prior to the Expiration Date. The Grantee must promptly inform the Council in writing of any significant changes to the Project for which the grant funds were awarded, as well as any potential changes to grant -funded activities described or identified in Attachments A and B. Failure to inform the Council of any significant changes to the Project or significant changes to grant - funded components of the Project, and use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee's eligibility for future LCA awards. Grant funds will not be disbursed prior to Council approval of significant changes to either the Project or grant -funded activities described or identified in Attachments A and B. 2.09. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds, including any grant funds that are not expended prior to the Expiration Date identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes; and any interest earnings described in Section 2.11 that are not used for the purposes of implementing the grant -funded Project activities described or identified in Attachments A and B. For the purposes of this Agreement, grant funds are "expended" prior to the Expiration Date if the Grantee pays or is obligated to pay for expenses of eligible grant -funded Project activities that occurred prior to the Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or unused grant funds and other funds remitted to the Council shall revert to the Council's Tax Base Revitalization Account for distribution through application processes in future Funding Cycles or as otherwise permitted by law. 2.10. Payment Request Forms, Documentation, and Disbursements. The Council will disburse grant funds in response to payment requests submitted by the Grantee through the Council's online grant management system and reviewed and approved by the Council's authorized agent. Payment requests shall be made using payment request forms, the form and content of which will be determined by the Council. Payment request and other reporting forms will be provided to the Grantee by the Council. The Council will disburse grant funds on a reimbursement basis or a "cost incurred" basis. To obtain reimbursement under this Agreement, the Grantee shall provide the Council with evidence SG-14106 rev. 7/14/20 Page 23 of 178 C NTA INATI N CLEANUP G NT P G!,. that eligible grant -funded activities, (or a portion thereof) for which reimbursement is requested, have been satisfactorily completed. The Grantee shall describe the grant -eligible activities for which reimbursement is requested and shall provide sufficient documentation of grant -eligible expenditures, invoices and payment documents, and such other information as the Council reasonably requests. The Council will make the final determination whether the expenditures are eligible for reimbursement under this Agreement, and verify the total amount requested from the Council. Reimbursement of any cost does not constitute a waiver by the Council of any Grantee noncompliance with this Agreement. Payment requests must also include the following documentation: (a) Contaminated fill disposal documentation (showing unit rates, one manifest per truck per load, and weight/load tickets); and (b) A spreadsheet matching manifest, load tickets and final weights. (c) Consultant/contractor invoices showing the time period covered by the invoice; the specific grant -funded Project activities conducted or completed during the authorized time period within which eligible costs may be incurred; and documentation supporting expenses including subcontractor and consultant invoices showing unit rates and quantities. Subcontractor markups shall not exceed ten percent (10%). The Council shall disburse grant funds for all grant -eligible expenditures within thirty-five (35) days of the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2.10, THE COUNCIL WILL NOT DISBURSE ANY GRANT FUNDS TO THE GRANTEE UNLESS THE GRANTEE HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION 6.04. 2.11. Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this Agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the Project activities described or identified in Attachments A and B. 2.12. Effect of Grant. Issuance of this grant neither implies any Council responsibility for the contamination at the Site nor imposes any obligation on the Council to participate in the cleanup of the Site contamination or in the Cleanup Costs beyond the Grant Amount of this Agreement. By awarding grant funds to the Grantee for the Project and executing this Agreement, the Council assumes no responsibility for: (a) any damage to persons, property, or the environment caused by Site cleanup activities or implementation of the Project; or (b) determining whether intended uses of the Site identified in the grant application or potential future uses of the Site, including any residential uses, are suitable for the Site. III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the Project activities described or identified in Attachments A and B or SG-14106 rev. 7/14/20 Page 24 of 178 C NTA INATI N CLEANUP / "i C. 41. NT six (6) years following the expenditure of the grant funds, whichever occurs earlier. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of six (6) years following the completion of the Project activities or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5, the books, records, documents and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years. 3.03. Report Requirements. The Grantee will report to the Council written progress reports on a semi-annual basis by January 31 (for the period July 1 through December 31) and July 31 (for the period January 1 through June 30) of each calendar year during the term of this Agreement. The Grantee reports shall describe the status of the Project activities described or identified in Attachments A and B. The report shall also describe the project spending for the current reporting period and projected spending for future reporting periods. The Grantee must complete and submit to the Council a Final Report before the final disbursement of grant funds will be approved. The form and content of the progress reports and the Final Report will be determined by the Council. In addition to the required status reports and the Final Report, the Grantee must submit to the Council by April 15 of the year following the expiration of this Agreement and by April 15 of each of the succeeding three (3) years, an annual written report that includes information about redevelopment activities, net tax capacity of the Site, and jobs resulting from Site cleanup. The form and content of the annual written report will be determined by the Council. The reporting requirements of Sections 3.03 and 3.04 shall survive the expiration or termination of this Agreement. 3.04. Certificate of Completion. Upon completion of the Site cleanup, the Grantee will provide to the Council: (a) For hazardous waste or substance contamination, a copy of a certificate of completion for the Site issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes section 115B.175, or a letter from the Agency indicating that the approved voluntary response action plan for the Site has been implemented to the satisfaction of the Agency and that the Agency is issuing a determination that no further action is required under Minnesota Statutes sections 1 1 5B.01 to 1 15B.08 to address the identified release; or (b) For asbestos contamination, either: (1) a copy of a statement from the Grantee's licensed asbestos abatement contractor that the project -specific asbestos project plan and asbestos -related work for the Site have been completed in accordance with the rules of the Minnesota Department of Health; or (2) a final asbestos abatement implementation report that shows the project -specific asbestos project plan and asbestos -related work for the Site have been completed in accordance with the rules of the Minnesota Department of Health; or (c) For petroleum contamination, a copy of a site closure letter issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes chapter 115C; or SG-14106 rev. 7/14/20 Page 25 of 178 C NTA_ INATI N CLEANUP G NT P G',. (d) For lead abatement or regulated lead work: (1) a copy of the contractor firm certification to conduct lead -based paint activities in residential or child -occupied facilities per Code of Federal Regulations, Title 40, section 745.89 and Minnesota Statutes section 144.9505; and (2) a statement or other documentation from the certified contractor that the lead abatement or regulated work at the Site has been completed in accordance with applicable provisions of Code of Federal Regulations, Title 40, part 745 and state laws, rules and standards governing lead abatement according to the Lead Poisoning Prevention Act, Minnesota Statutes sections 144.9501 to 144.9512 and Minnesota Rules parts 4761.2000 to 4761.2700. IV. RECOVERY AND REPAYMENT 4.01. Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred to clean up the Site, the Grantee shall repay to the Council that portion of the grant as provided in Section 4.04. 4.02. Assignment of Rights. Upon request of the Council, the Grantee shall assign to the Council the Grantee's right to recover the funds described in Section 4.01, shall prepare and submit a certification of the Project Costs incurred, and shall cooperate in any cost recovery action brought by the Council. 4.03. Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in accordance with Sections 4.01 or 4.02 and reimbursed to the entity incurring such costs before proceeds of the recovery are distributed in accordance with Section 4.04. 4.04. Reimbursement. Subject to the deduction provided in Section 4.03, amounts recovered either by the Grantee or the Council from responsible persons and all other amounts otherwise received by the Grantee or the Council for cleanup of the Site shall be used to reimburse the Grantee, the Council, or any other nonresponsible party who contributed funds for cleanup of the Site in proportion to their respective payments for response costs. 4.05. Survival of Recovery and Repayment Provisions. The provisions of Sections 4.01 through 4.04 shall survive the expiration or termination of this Agreement. V. AGREEMENT TERM 5.01. Term. This Agreement is effective upon execution of this Agreement by the Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the Expiration Date identified at Page 1 of this Agreement. ALL GRANT FUNDS NOT EXPENDED BY THE GRANTEE PRIOR TO THE EXPIRATION DATE SHALL REVERT TO THE COUNCIL. 5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities described or identified in Attachments A and B that have been completed prior to the termination. Termination of this Agreement does not alter the Council's authority to recover grant funds on the SG-14106 rev. 7/14/20 Page 26 of 178 C NTA INATI N CLEANUP G / "i C. 41. NT basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments or an extension of this Agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. If the Grantee needs a change to the Project, additional time within which to complete the grant -funded activities and commence the Project, a change in the budget, or a change in grant -funded activities the Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. VI. AFFORDABILITY; AFFIRMATIVE FAIR HOUSING 6.01. Affordability Term. If the Project for which the grant funds were awarded includes affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee's obligation under this section may be satisfied if other Project funding sources (e.g., the Minnesota Housing Finance Agency or HUD) or state or federal laws (e.g., low-income housing tax credit programs) require an affordability teiiii of at least fifteen (15) years. For the purposes of this section, "affordable housing unit" means a unit that is affordable to households at 80 percent or less of the Area Median Income ("AMI"), as established by HUD, unless the Grantee's application stated an affordability standard lower than 80 percent of AMI, in which case the Grantee's lower affordability standard shall apply. The affordability requirements of this section shall survive the expiration or termination of this Agreement. 6.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were awarded is a housing project, or includes housing units (whether market rate or affordable), the Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements an affirmative fair housing marketing plan for Project housing units. For the purposes of this section, "affirmative fair housing marketing plan" means an affirmative fair housing marketing plan that substantially conforms to affirmative fair housing marketing plans published by the U.S. Department of Housing and Urban Development ("HUD") or sample affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The affirmative fair housing marketing plan requirement under this section shall continue for the minimum affordability term specified in Section 6.01 and shall survive the expiration or termination of this Agreement. 6.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing units (whether market rate or affordable) and the Grantee stated in its application that the Project housing units would be made available to households participating in the federal Housing Choice SG-14106 rev. 7/14/20 Page 27 of 178 C NTA- INATI N CLEANUP G NT P G!,. Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner will not refuse to lease Project units to households or individuals participating in the Housing Choice Voucher program because those households or individuals are Housing Choice Voucher program participants. The Housing Choice Voucher requirement under this section shall continue for the minimum affordability term specified in Section 6.01 and shall survive the expiration or termination of this Agreement. 6.04. Fair Housing Policy. If the Project will include a housing component, the Grantee must adopt a Fair Housing Policy. For the purposes of this section, the term "Fair Housing Policy" means a written statement regarding the Grantee's commitment to fair housing that contains at least the following elements: a purpose statement; procedures for complaint identification and referral; a designated fair housing officer; and an outline of the internal and external actions the Grantee will undertake to advance fair housing. A best practices guide, as well as a copy of a model local fair housing policy is available at: h1.1ps://metrrocounciloorg H. .00k.IFiles/Resources/B 1:.. Pratt c s Fai H bu ing-Policy--Guide.aspx VII. GENERAL PROVISIONS 7.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 7.02. Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 7.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the Project activities funded by this grant, except to the extent the claims, damages, losses and expenses arise from the Council's own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, Title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, Title 42, sections 6901 et seq. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this section shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466 or other applicable state or federal law. SG-14106 rev. 7/14/20 Page 28 of 178 C TA INATI N CLEANUP G NT P G',. 7.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance provided by the Council in promotional materials, press releases, reports and publications relating to the Project activities described or identified in Attachments A and B which are funded in whole or in part with the grant funds. The acknowledgment will contain the following or comparable language: Financing for this project was provided by the Metropolitan Council Metropolitan Livable Communities Fund. Until the Project activities funded by this Agreement are completed, the Grantee will ensure the above acknowledgment language, or alternative language approved by the Council's authorized agent, is included on all signs (if any) located at Project or construction sites that identify Project funding partners or entities providing financial support for the Project. The acknowledgments and signage should refer to the "Metropolitan Council" (not "Met Council" or "Metro Council"). 7.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the Project activities described or identified in Attachments A and B. The Grantee and its developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and approval requirements of federal, state and local governmental and regulatory agencies, including conservation districts. 7.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any subgrant, contract or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor, and subcontractor compliance with all applicable state and federal laws and this Agreement. Along with such provisions, the Grantee shall require that contractors and subcontractors performing work covered by this grant obtain all required permits, licenses and certifications, and comply with all applicable state and federal Occupational Safety and Health Act regulations, especially the federal Hazardous Waste Operations and Emergency Response standards under Code of Federal Regulations, Title 29, sections 1910.120 and 1926.65. If the Project for which the grants were awarded includes affordable units, the Grantee's subgrant agreement(s) shall expressly include the applicable affordability and affirmative fair housing requirements of Sections 6.01, 6.02, and 6.03. 7.07. Stormwater Discharge and Water Management Plan Requirements. If any grant funds are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require to be met all applicable requirements of: (a) Federal and state laws relating to stormwater discharges including, without limitation, any applicable requirements of Code of Federal Regulations, Title 40, parts 122 and 123; and (b) The Council's 2040 Water Resources Policy Plan and the local water management plan for the jurisdiction within which the redevelopment site is located. SG-14106 rev. 7/14/20 Page 29 of 178 C NTA INATI N CLEANUP G NT P G!,. 7.08. Authorized Agent. Payment request forms, written reports and correspondence submitted to the Council pursuant to this Agreement shall be directed to: Metropolitan Council Attn: LCA Grants Administration 390 Robert Street North Saint Paul, Minnesota 55101-1805 7.09. Non -Assignment. Minnesota Statutes section 473.252, subdivision 3 requires the Council to distribute grant funds to eligible "municipalities," metropolitan -area counties or "development authorities" for projects in municipalities participating in the Local Housing Incentives Account program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee. 7.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the owner of any renderings, images, perspectives, sections, diagrams, photographs or other copyrightable materials (collectively, "copyrightable materials") that are in the Grantee's application, or are submitted to the Council as part of the grant application renew process or after grand award, or that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and (b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the Council has a nonexclusive royalty -free license and all necessary permissions to reproduce and publish the copyrightable materials for noncommercial purposes, including but not limited to press releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold the Council responsible for the unauthorized use of the copyrightable materials by third parties. 7.11 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's and the Council's behalf respectively and that this Agreement constitutes the Grantee's and the Council's valid, binding and enforceable agreements. 7.12. Counterparts. This Agreement may be executed in counterpart, each of which counterpart constitutes an original, but both of which together constitute one instrument. 7.13. Electronic Signatures. The electronic signatures of the Council's and the Grantee's authorized representatives shall be valid as an original signature of the authorized representatives and shall be effective to bind the Council and the Grantee under this Agreement. This Agreement containing, or to which there is affixed, an electronic signature shall be deemed to: (a) be "written" or "in writing"; (b) have been signed; and (c) constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. "Electronic signature" also means a manually signed original signature that is then transmitted by any electronic means, including without limitation a faxed version of an original signature or an electronically scanned and transmitted version (e.g., via PDF) of an original signature. The Council's or the Grantee's failure to produce the original signature of any electronically transmitted signature shall not affect the enforceability of this Agreement. SG-14106 rev. 7/14/20 Page 30 of 178 C NTA INATI N CLEANUP NT IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. CITY OF SHAKOPEE By: Title: Date: By: Title: Date: Approved as to form: METROPOLITAN COUNCIL By: LisaBeth Barajas, Director Community Development Division Date: SG-14106 rev. 7/14/20 Page 31 of 178 ATTACHMENT A PROJECT SUMMARY This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the Project identified in the application for Tax Base Revitalization Account grant funds submitted in response to the Council's notice of availability of Tax Base Revitalization Account grant funds for the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed Project for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in Project funding sources, changes in funding amounts, or minor changes in the proposed Project that occurred subsequent to application submission. The application is incorporated into this Agreement by reference and is made a part of this Agreement as follows. If the application or any provision in the application conflicts with or is inconsistent with the Council Action, other provisions of this Agreement, or the Project Summary contained in this Attachment A, the terms, descriptions and dollar amounts reflected in the Council Action or contained in this Agreement and the Project Summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of precedence is: (1) the Council Action; (2) this Agreement; (3) the Project Summary and Cleanup Site Locations; and (4) the grant application. SG-14106 rev. 7/14/20 Page 32 of 178 Project Summary Grant # SG-14106 Grant Type Contamination Cleanup Applicant City of Shakopee Project Name Riverfront Bluff Project Location 303, 313, 321, & 339 1st Avenue West, and 116 & 126 Atwood Street North, Shakopee 4 — Deb Barber Council District Project Detail Contaminant history The 1.9-acre site includes a mix of vacant residential and commercial buildings. Historically, the site was part of a limestone quarry and later as a gravel pit before the first commercial building was constructed. Prior tenants have included a printing company and an auto repair business. Contaminants of concern include Polycyclic Aromatic Hydrocarbons (PAHs) measured as benzo(a)pyrene equivalents and metals (lead, mercury) and tetrachloroethylene (PCE), as well as debris with asbestos in the fill soil and asbestos -containing material (ACM) within the buildings. Additional soil vapor sampling is planned. Redevelopment project to start construction by the end of the grant term Expected benefits include 170 market -rate apartments with 6,400 square feet of commercial space. Jobs (FTEs) 32 FTE Net tax capacity increase $337,472 Acres cleaned 1.9 Total housing units 170 Affordable units 0 Funding Recommended amount $458,600 Funding partner requests $332,732 from DEED Previous LCA funding $0 Comments Costs related to disposal of special regulated wastes, soil vapor mitigation, and dewatering are not eligible for grant funding. Volume of clean fill eligible for grant reimbursement must be equal or less than the volume of contaminated fill soil removed from the subject property. Use of Funds' Amount Uses to be completed by the end of the grant term $458,600 For asbestos survey, asbestos abatement plan, additional soil vapor sampling, asbestos abatement (including vermiculite in masonry blocks), and contaminated soil remediation and related environmental oversight. S674106 Page 33 of 178 rev. 7/14/20 ATTACHMENT B CLEANUP SITE LOCATION(S) This attachment comprises this page and the succeeding page(s) which contain aerial photography or drawings that identify the specific location(s) within the Project boundaries or the Site(s) for which the Grantee must use the grant funds. The attached photography or drawings also may identify the types of eligible cleanup activities for which the grant funds must be used at specific locations within the Project boundaries or within the Site(s). Page 34 of 178 0141 111) TBRA Cleanup Site Location(s) ''01, gel 01111101011 1110111U1111", Page 35 of 178 CITY OF SHAKOPEE RESOLUTION NO. R2020-045 RESOLUTION AUTHORHNG APPLICATION FOR THE METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT (TBRA) FOR RIVERFRONT BLUFF AREA WHEREAS, the City of Shakopee is a participant in the Livable Communities Act's Local Housing Incentives Account Program as deteml fined by the Metropolitan Council and is therefore eligible to apply for funds under the Tax Base Revitalization Account; and WHEREAS, the city has identified a contamination cleanup project within the city which meets the Tax Base Revitalization Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and policies of the adopted metropolitan development guide, and WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate project and grant administration; and WHEREAS, the city certifies it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS, the city finds the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS, the city represents it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought. The city was awarded a $332,732 Department of Employment and Economic Development Contamination Clean-up Grant but was not able to secure other source funding necessary for cleanup completion. This representation is based on reasons and supporting facts the site is contaminated with waste products, VOC and regulated chemicals as identified by Terracon. These impact the properties owned by the EDA which are part of the Riverfront Bluff Redevelopment area. The area is bounded by First Avenue, Scott Street, Levee Drive and Atwood Street and impedes the ability to redevelop these properties and return them to the tax role; BE IT FURTHER RESOLVED, the City Council of Shakopee authorizes the City Administrator and the Gaughan Companies to submit an application for Metropolitan Council Tax Base Revitalization Account grant If the city is awarded a Tax Base Revitalization Account grant for this project, the city will be the grantee and agrees to act as legal sponsor to administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on or before May 1, 2020. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 7th day of April, 2020. ATTEST: Lori Hensen City Clerk Mayor of the City of Shakopee Page 36 of 178 *4.D.1. Shakopee City Council August 18, 2020 FROM: Kirby Templin, Water Resources/Environmental Engineer TO: Mayor and Council Members Subject: NW Shakopee Stormwater BMP Retrofit Project Policy/Action Requested: Adopt Resolution R2020-096, awarding a contract in the amount of $243,568.86 to S.M. Hentges & Sons, Inc., for the Regional Stormwater Treatment BMP at County Government Center Lot A, Project Storm-22-001. Recommendation: Approval of Resolution R2020-096. Discussion: The city's Capital Improvement Plan (CIP) contains the NW Shakopee Stoiiuwater Structure Improvements (Phase 1) Project, Storm-22-001 as outlined in the attached CIP project summary sheet. Phase 1 improvements include the construction of an underground stormwater quality best management practice (BMP) located at Lot A of the Scott County Government Center. On July 21, 2020, the City Council adopted Resolution R2020-089 approving the plans and specifications, and authorizing bidding of the project. Note that the budget was revised from $450,000 to $350,000 because the city did not receive the $100,000 grant from the Metropolitan Council Stormwater Grant program as indicated when the plans and specifications were approved. In accordance with Minnesota Statute Section 471.347 Unifoiui Municipal Contracting Law, bids were solicited and opened on August 7, 2020. Eleven bids were received. During tabulation of the bids, it was discovered that S.M. Hentges &Sons, Inc. had a summation error on their bid proposal form. After staff review, it was confirmed that S.M. Hentges & Sons, Inc., from Jordan, Minnesota, is the low bidder in the amount of $243,568.86 (see the attached resolution for the bid tabulation summary). The bid is competitive and is 6.3 percent less than the engineer's construction estimate of $259,978.00. Page 37 of 178 S.M. Hentges & Sons, Inc., has the capacity and experience for the project and is deemed a responsible bidder. They are prepared to begin work in August with an anticipated substantial completion in November 2020. Budget Impact: Based on the bid award amount, the updated total estimated project cost and funding summary is as follows: COSTS Construction Cost Contingency Subtotal Eng/Admin/Legal Total Estimated Project Cost CIP Budget $ 225,000.00 $ 25,000.00 $ 250,000.00 $ 100,000.00 $ 350,000.00 Estimate Based On Bid Award $ 243,568.86 $ 26,431.14 $ 270,000.00 $ 80,000.00 $ 350,000.00 FUNDING Storm Drainage Fund $ 350,000.00 $ 350,000.00 The total project budget of $350,000.00 matches the amended CIP budget and includes a contingency amount that covers any unexpected change orders, quantity adjustments and other miscellaneous expenses encountered as part of the project. This project is funded by the Storm Drainage Fund. ATTACHMENT S : a Resolution R2020-096 o CIP Sheet Page 38 of 178 RESOLUTION R2020-096 A Resolution awarding a Contract in the amount of $243,568.86 to S.M. Hentges & Sons, Inc. for the Regional Stormwater Treatment BMP at County Government Center Lot A, Project Storm-22-001 WHEREAS, pursuant to an advertisement for bids for the Regional BMP at County Government Center Lot A Project, Storm-22-001, bids were received, opened on August 7, 2020 and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount S.M. HENTGES & SONS, INC. $243,568.86 NEW LOOK CONTRACTING, INC. $275,497.00 MAX STEININGER, INC. $280,277.90 DAHN CONSTRUCTION Co., LLC $288,123.00 ASHWILL COMPANIES $289,900.00 ST PAUL UTILITIES AND EXCAVATING, INC. $292,817.26 STANDARD CONTRACTING, INC. $318,197.95 VEIT & COMPANY, INC. $321,726.01 SCHNEIDER EXCAVATING & GRADING, INC. $326,259.51 RACHEL CONTRACTING, LLC $332,121.00 VALLEY PAVING, INC. $397,941.00 WHEREAS, S.M. Hentges & Sons, Inc., 650 Quaker Avenue, Jordan, MN 55352, is the lowest responsive bidder for the Regional BMP at County Government Center Lot A Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for the Regional BMP at County Government Center Lot A Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of August, 2020. ATTEST: City Clerk Mayor of the City of Shakopee Page 39 of 178 Capital Improvement Plan City of Shakopee, Minnesota 2020 thru 2024 Project # Project Name Storm-22-001 NW Shakopee Storm Water BMP Retrofit Accounting Code 5873/6873 Fund Surface Water Fund Description Department Storm Drainage Fund Contact Public Works Director Type Improvement Useful Life Category Storm Sewer/Drainage Priority 3 Less Important/Future Consi Status Active Total Project Cost: $2,010,000 Stormwater projects focused on providing water quality treatment to untreated stormwater runoff that is routed directly to the Minnesota River. Feasibility study is to be completed to identify best project locations. Potential locations include Market Street, County Road 17, Fuller Street, and Adams Street. Justification This project will provide water quality benefits by reducing sediment and phosphorus to help meet water quality goals and NPDES MS4 requirements. Expenditures 2020 2021 2022 2023 2024 Total Improvements 350,000 1,450,000 1,800,000 Engineering/Administration 100,000 110,000 210,000 Funding Sources Total 450,000 1,560,000 2,010,000 2020 2021 2022 2023 2024 Total Grants 100,000 Storm Drainage Fund 350,000 100,000 1,560,000 1,910,000 Total 450,000 Budget Impact/Other 1,560,000 2,010,000 MPCA & EPA Standards requiring additional Pollution Prevention devices has not been mandated. POSSIBLE GRANT OPPORTUNITY This may be mandated in the future. We are completing a feasibility study and identify project options and cost estimates in 2019. Will be able to use study to update costs in 2020 CIP. 242 Page 40 of 178 *4.D.2. Shakopee City Council August 18, 2020 FROM: Micah Heckman, Project Engineer TO: Mayor and Council Members Subject: Right -of -Way and Drainage and Utility Easement Encroachment Agreement Policy/Action Requested: Approve right-of-way and drainage and utility encroachment agreement for 1004 Miller Street South (PID 270340490). Recommendation: Approval of encroachment agreement. Discussion: Background City Code 90.16, Encroachment in Easement Areas, indicates that "no trees, shrubs, bushes, retaining walls, structures, hard surface areas, or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the city, except if written permission has been granted by the city". Upon review of proposed encroachment and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such (minor) encroachments; however, an encroachment agreement has been the instrument to provide the proper documentation by officially recording the encroachment with the county as part of the property file. Encroachment The encroachment at 1004 Miller Street South consists of a fence. This improvement will be constructed by the property owner and will encroach on the public drainage and utility easements in the rear yard and city right-of-way along 10th Avenue. The right-of-way along 10th Avenue is wider than typical city right-of-way for a standard residential street. The proposed side yard fence line is proposed to align with the right-of-way line further east on 10th Avenue. The property exists as a single family residential lot that was platted in 1971; the fence is proposed to be constructed in 2020. The encroachment is categorized as a Page 41 of 178 minor encroachment that does not limit the use or cause negative impacts within the easement or city right-of-way. The agreement is necessary to document the encroachment should the city require the temporary or permanent removal of the fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s). Budget Impact: $150 fee must be paid by the property owner to pay for the recording and filing fees, per the City of Shakopee Fee Schedule. No further budget impacts. ATTACHMENTS: o Encroachment Agreement Page 42 of 178 ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the day of , 20 , by and between the City of Shakopee, a Minnesota municipal corporation ("City") and Robert Johnson ("Owner"). RECITALS A. Owner is the owner of property located at 1004 Miller Street South, City of Shakopee, County of Scott, State of Minnesota, legally described as follows: Lot 14, Block 4, Scenic Heights 3rd Addition, PID-270340490, according to the recorded plat thereof (the "Property"). B. The Property is subject to a drainage and utility easement in favor of the City, which was dedicated to the City in the plat of Scenic Heights 3rd Addition; and C. Owner would like to construct and install a vinyl privacy fence ("Improvements") that will encroach into the easement and City of Shakopee right-of-way ("Encroachment Area"); and D. The City has agreed that Owner may construct, repair and maintain the Improvements within the Encroachment Area on the condition that Owner execute this Agreement and will promptly remove said improvements at Owners expense upon the determination by and need of the City or other private utility company to work within the Encroachment Area. AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: 1 EL \ROW & Property\Easements & Agreements\Encroachment Agreements 11004 Miller St S\ENCROACHMENT AGREEMENT 1004 Miller St S_Doc Page 43 of 178 1. Owner may construct, repair and maintain the Improvements within the Encroachment Area as shown on Exhibit A. 2. The permission granted by the City in this Agreement is limited exclusively to the proposed Improvements within the Encroachment Area as outlined in Exhibit A. 3. This Agreement shall not prevent or impair the use of the Encroachment Area for the drainage and utility purposes by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, access or remove the utility or make necessary drainage improvements located within the Encroachment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Owner pursuant to Paragraph 8 of this Agreement. The City's costs of removing the necessary portion of the Improvements in order for the City to exercise its easement rights shall be paid by Owner. Owner shall be responsible for the costs of restoring or reinstalling any of the Improvements that were removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Owner, provided, however, that the City shall be responsible for any damages caused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Owner shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of Owner, their contractors, licensees, invitees, agents, servants or employees in connection with the construction, repair or maintenance of the Improvements. 7. Owner agrees not to suffer or allow any liens, claims and processes to be placed against the City's rights to or interest in the Encroachment Area as a result of the use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction, repair or maintenance of the Improvements. 8. Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed to the following addresses: a) As to the City: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Attn: City Administrator b) As to Owner: Robert Johnson 1004 Miller Street South Shakopee, MN 55379 2 HAROW & Property Easements & Agreements\Encroachment Agreements \1004 Miller St S\ENCROACHMENT AGREEMENT 1004 Miller St S. Doc Page 44 of 178 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF SHAKOPEE By: Its: Mayor By: Its: City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 20 , by and the Mayor and City Administrator, respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 3 FL \ROW & Property\Easements & Agreements\Encroachment Agreements\1004 Miller St S\ENCROACHMENT AGREEMENT 1004 Miller St SDoc Page 45 of 178 STATE OF MINNESOTA ) ss. COUNTY OF SCOTT OWNER The foregoing instrument was acknowledged before me this 20, by Robert Johnson. GIA P ELEY NOTARY*PUBLIC • MINNESO1A Pk/Commission Expires Jen. 31 2024 This document was drafted by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 952-233-9300 4 day of ry Signature and Seal H:\ROW & Property\Easements & Agreements\Encroachment Agreements\1004 Miller St S\ENCROACHMENT AGREEMENT 1004 Miller St SDoc Page 46 of 178 1101;11' ,1 11111qt11111,111I 01'011,11' 11'11M1111111V1 # lillti111110111111111111111111110111hittoit„„t1t „1,„1, lott, ttop 1111111,111H " tttt„t„ stilt . 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Shakopee City Council August 18, 2020 FROM: Darin Manning, Project Coordinator TO: Mayor and Council Members Subject: Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S), for SCADA system improvements design services. Policy/Action Requested: Authorize the execution of a Professional Services Agreement with AE2S to perform design services for the SCADA system improvements project Sewer-19-005 in the amounts of $54,300. Recommendation: Authorize execution of the agreement. Discussion: The 2020 Capital Improvement Plan (CIP) includes a project to upgrade the automated supervisory control and data acquisition (SCADA) system. As part of this project, a feasibility study was prepared by AE2S that evaluated the telemetry needs for the current and future sanitary and storm sewer systems within the city. As a result, SCADA system improvements have been further detailed and are proposed as part of the 2021 CIP (see attached updated proposed CIP sheet Sewer-19-005). The proposed 2021 project includes the design and construction of a SCADA system for Lift Station L 16, the Stagecoach Road low-pressure sanitary sewer system, and four manhole locations located along the Minnesota River. City staff needs assistance from a design consultant to complete the design and bidding phase. City staff have worked with AE2S to develop a scope of work and professional services agreement needed to deliver the plans and specifications. AE2S have the experience, technical skill and capacity to provide the needed services and is part of the city's approved consultant pool. The attached Professional Services Agreement authorizes and describes the scope and fees for their work on this project. Budget Impact: Page 48 of 178 The scope of the AE2S Professional Services Agreement is proposed to cost (not to exceed) $54,300.00. This work is budgeted in the 2020 Sanitary Sewer Fund. Upon completion of the design services, detailed and updated construction cost information will be provided to confirm project scope needed to construct the project. ATTACHMENTS: o CIP Sheet - Sewer-19-005 Professional Service Agreement Page 49 of 178 Capital Improvement Plan City of Shakopee, Minnesota 2021 thru 2025 Project # Sewer-19-005 Project Name SCADA System Upgrades Accounting Code 5857/6857 Fund Sanitary Sewer Fund Description Department Sanitary Sewer Fund Contact Public Works Director Type Improvement Useful Life Category Sanitary Sewer Priority 1 Critical for Safety/Preservat Status Active Total Project Cost: S549,000 Replace/improve the sewer lift station #16 telemetry system. The proposed system includes an automated supervisory control and data acquisition (SCADA) system using the city's fiber optic network and other communication modes (cell or wi-fi). Several missing segments of fiber optic are included as part of the system buildout. A feasibility study was performed in 2020 that detail the scope and cost for this project. The system will integrate flow and pressure monitoring of the city's low pressure forcemain along Stagecoach Road and the trunk gravit line along the Minnesota River. The city will also be set up to further integrate the existing Southbridge sanitary lift station, the one storm sewer lift station located on the east side of the city along Preserve Trail, and future sewer expansion lift stations as developed. Justification Improved reliability, backup, response time and data collection resulting in a more safeguarded sewer system to minimize and avoid backups caused by lift station failure. Prior 33,000 Total Prior Expenditures 2021 2022 2023 2024 2025 Total Improvements 435,000 Engineering/Administration 81,000 435,000 81,000 33,000 Total Funding Sources Total 516,000 516,000 2021 2022 2023 2024 2025 Total Sanitary Sewer Fund 435,000 Storm Drainage Fund 81,000 435,000 81,000 Total 516,000 516,000 nY. Page 50 of 178 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into on the 12th day of August, 2020, between the CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and Advanced Engineering and Environmental Services, Inc. (AE2S), 6901 East Fish Lake Road, Suite 184, Water Tower Place Business Center, Maple Grove, MN 55369 ("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional services by the Consultant for the City for the following described Project: SCADA System Improvements Design Services, Project SAN19-005 The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work and any addenda thereto. The Consultant shall serve as the City's professional consultant in the specified work and shall provide consultation and advice to the City during the performance of its services. The Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. A Consultant requesting a requirement to be waived must have written authorization from the City Engineer and must be incorporated into this agreement. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3. Term. The term of this Agreement will be from August 12, 2020, through August 31, 2021, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 4. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement, which may be amended from time to time by mutual agreement by City and Consultant. The Consultant's hourly rates must be based on the hourly rates approved by the City. August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 1 Professional Services Agreement - AE2S Page 51 of 178 The Agreement amount shall include all services to be rendered by the Consultant as part of this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The amount stipulated shall be considered a "Not to Exceed" cost to the City. The Consultant must keep track of the costs billable under this contract at all times; any work in excess of the negotiated amount shall not be eligible for payment unless preapproved. The Consultant must notify the City if the Consultant anticipates that the negotiated amount might be exceeded, in order to determine whether or not the City is prepared to increase the compensation. This notification and approval must occur in advance of the work occurring to be considered for compensation. 5. Payment of Fees. The Consultant must submit itemized bills for services provided to the City on a monthly basis. The monthly billing must summarize the progress of the project as certified by the Consultant. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.931. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. Consultant bills submitted will be paid in the same manner as other claims made to the City. 6. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 7. Termination. Termination for Cause. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 2 Professional Services Agreement - AE2S Page 52 of 178 If, through any cause (except those reasonably beyond Consultant's control), the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. In the event this Contract is terminated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 3 Professional Services Agreement - AE2S Page 53 of 178 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 4 Professional Services Agreement - AE2S Page 54 of 178 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Liability and Indemnity. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. The Consultant assumes full responsibility for relations with its subcontractors, and must hold the City harmless and must defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 18. Insurance. During the term of this Agreement, Consultant must procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage for each occurrence and in aggregate: A. Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $1,500,000 each occurrence for damages of bodily injury or death to one or more persons and $1,500,000 each occurrence for damage to or destruction of property. B. Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU). C. Comprehensive Automobile Liability Insurance, in an amount not less than $1,500,000 for each occurrence. Coverage shall include all owned autos, non -owned autos, and hired autos. D. Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant's work under this Agreement. Said coverage shall be in an amount not less than $2,000,000 per claim, $2,000,000 annual aggregate. E. Workmen's Compensation insurance for all its employees as required by the Minnesota Worker's Compensation Act. F. The City of Shakopee must be named as "ADDITIONALLY INSURED" on the insurance described in paragraphs A, B, and C, and must August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 5 Professional Services Agreement - AE2S Page 55 of 178 receive 30 day written notice in the event of cancellation of any of the specified insurance. If the deductible provisions of the Consultant's coverage or any subcontractor's coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets". This policy must provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF SHAKOPEE Advanced Engineering and Environmental Services, Inc. (AE2S) By: B Bill Mars, Mayor Date: By: William H. Reynolds, City Administrator Date: Its: OPERATIONS MANAGER Date: 8-12-2020 August 12, 2020, 2019-SCADA System Upgrades - Design Services Page 6 Professional Services Agreement - AE2S Page 56 of 178 ,X IHI II IB II..1.. A www.l e2S.Co�11 August 11, 2020 Mr. Steve Lillehaug, PE, PTOE Public Works Director / City Engineer City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: SCADA System Improvements Design Services Proposal City of Shakopee, MN Dear Mr. Lillehaug: Thank you for the opportunity to provide this professional services proposal. Advanced Engineering and Environmental Services, Inc. (AE2S) proposes to render professional Engineering services for the Supervisory Control and Data Acquisition (SCADA) Design Services (Assignment) to the City of Shakopee, Minnesota (Owner). The following Letter Proposal provides a general overview of our understanding and the proposed scope of services, anticipated timeline, and estimate of associated professional fees. Project Understanding The City of Shakopee is looking to create a cloud -based SCADA system, replace the existing control systems at sanitary lift station L16, implement a polling master PLC at Public Works, and provide remote monitoring for three flow and pressure monitoring stations on the Stagecoach Road low-pressure sanitary sewer system, and four permanent gravity flow meter monitoring stations. The City desires to initiate design services for these elements with the intent of beginning construction/implementation by the end of Q1 of 2021. Our project understanding is based on meetings and discussions with City staff and on the recommendations provided in two reports prepared by AE2S, one entitled, SCADA System Upgrades Feasibility Report and the other one entitled, Lift Station L16 Feasibility Report. This Assignment provides Engineering services related to the Design of the SCADA System Upgrades Project, as outlined above. Proposed Scope of Services Based on the understanding of the project and this Assignment, AE2S will perform the following professional services: 1. Preliminary Design Phase 2. Final Design Phase 3. Bidding Phase Preliminary Design Phase The Preliminary Design Phase includes the initial review of all the project elements necessary to begin a successful construction project, including: • Coordinate and conduct a project team kickoff meeting attended by Owner representatives and Engineer. • Review and gain an understanding of existing infrastructure. • Advise Owner if additional reports, data, or information is necessary and assist Owner in obtaining such reports, data, information, or services. • Perform radio path site study for three (3) Stagecoach monitoring sites (ID05, ID131, ID132). • Coordinate with City IT and Scott County Fiber to bring fiber to L16, one Stagecoach site (ID05), and three permanent gravity flow monitoring sites (RD09, ED02, ID82). • Provide cellular communications design for one permanent gravity flow monitoring site (WD04). • Coordinate with City IT for networking at L16, one Stagecoach site, four permanent gravity flow monitoring sites, and Public Works • Design for cloud -based SCADA system foundation for utility sites 6901 Ea t I h lr1 Lake Ror 1.`' Arrvanced Engineeringand EnvironmentaV Services, Vnc. t 184 m Water 1 ,r IP, ge 57`rsiness Center. • MapIle 5rove, MIN •5''5369 • '763 63 5036 • 50 % Design Completion Milestone: o Prepare a preliminary set of drawings. Drawings will be sufficiently detailed to understand the project but will lack details required of construction. o Prepare a preliminary list of specifications that cover the project. Specification format will meet the approval of the Owner and will include Owner -furnished standard general conditions and contract forms. o Prepare preliminary opinion of probable construction cost. o Submit to Owner a copy of draft Preliminary Design documents for Owner review. • Review Preliminary Design documents with Owner, make changes and updates as required. Final Design Phase The Final Design phase includes the specific design of all project elements necessary for a successful construction project, including: • Prepare 90 % construction drawings, specifications, and probable cost estimate based upon Owner review of preliminary design documents. • 90 % Design Completion Milestone: o Prepare a revised set of drawings, draft specifications, and updated opinion of probable construction cost. o Submit to Owner two (2) review copies of 90 % Design documents for Owner review. • Review 90 % Design documents with Owner, make updates as appropriate. • Prepare Final construction drawings, specifications, and probable cost estimate based upon Owner review of 90 % Design documents. • 100 % Design Completion Milestone: o Prepare final set of drawings, specifications, and opinion of probable construction cost. o Submit to Owner a copy of 100 % Design documents for Owner review. • Review 100 % Design documents with Owner, make updates as appropriate. • Submit two (2) printed copies and one (1) copy in electronic format (PDF) of Final bidding documents to the Owner. Bidding Phase The Bidding Phase will consist of: • Pre -bid administration services, advertising for construction bids and responding to plan holder questions. • Providing bidding support services including communications with Owner representatives, bidders, suppliers, and others as necessary. • Provide addendums and clarifications to the bidding documents, if required. • Facilitate the bid opening and tabulation of bids. • Provide a recommendation for awarding construction contract(s). Owner's Responsibilities Owner will be responsible for the following: • Designate a contact person to act as Owner's representative with respect to the professional services to be rendered with complete authority to transmit instructions, receive information, and interpret and define the Owner's policies and decisions with respect to professional engineering services. • Requested data and information as needed. • Coordination with the Owner's IT department, public and City Council, as needed. • Provide access to system infrastructure as necessary to complete the scope of the project. • Provide review, comments, and approval of design and construction documents. • Administer the bidding process and pay costs associated with Advertisement for Construction Bids. • Attend bid opening Page 2 of 3 Page 58 of 178 • Provide decisions regarding project direction. Anticipated Schedule AE2S proposes completion of the Scope of Services outlined in this Letter Proposal in accordance with the following proposed schedule, assuming Owner authorization by August 20, 2020: Phase/Task Est. Completion Date Project Kickoff' August 26, 2020 Complete Preliminary Design Phase (50% Plans) October 30, 2020 Complete 90% Plans & Review with Owner December 15, 2020 Complete Final Design Phase (100% Plans) January 26, 2021 Bidding Phase February 3, 2021- February 24, 2021 Award Construction Contract(s) March 3, 2021 Proposed Professional Fees AE2S proposes to provide the professional services consistent with the Scope of Services outlined in this Letter Proposal on an estimated hourly not to exceed basis (including expenses) in the amount of fifty-four thousand three hundred dollars ($54,300). Additional services, as required, to be coordinated with Owner in advance of performing work outside of the defined Scope of Services as defined in this Letter Proposal. SCADA System Design Project Professional Fees Preliminary Design Phase Services $21,400 Final Design Phase Services $26,300 Bidding Phase Services $6, 600 Total Professional Services Fee S54,300 Approval Upon authorization by the City of Shakopee, AE2S will provide the professional services consistent with the Proposed Scope of Services outlined above. We truly appreciate the opportunity to continue working with you on this Assignment and we thank you for considering AE2S. Should you have any questions or comments regarding this Letter Proposal for professional services, or the Assignment in general, please feel free to contact me. Sincerely, AE2S Anthony Pittman Instrumentation & Controls Regional Manager Page 3 of 3 Page 59 of 178 7.A.1. Shakopee City Council August 18, 2020 FROM: Nathan Reinhardt, Finance Director TO: Mayor and Council Members Subject: Monthly Finance Review - July 2020 Policy/Action Requested: Review of July 2020 General Fund revenues and expenditures, and the Community Center, Ice Arena and SandVenture year -over -year comparison. Additionally, included is a COVID-19 financial impact report through July 2020. Recommendation: Information Only Discussion: General Fund - July 2020 (See attachment) Revenue Variances (+/- 10% of 58% target) • Special assessments is a negative amount due to the payments to Republic Services for delinquent garbage assessments. Similar to last year, this account will be negative until we receive our second half tax payments. • Intergovernmental revenues exceed the budgeted target as a result of Federal Cares Act Relief Funding. • Charges for services are below budget due to the Community Center/Ice Arena/SandVenture closures. • Miscellaneous revenues are ahead as a result of investment income. Expenditures Variances (+/- 10% of 58% target) • In total, departmental expenditures are within the normal range and similar to last year's percentage through July. • Finance expenditures are currently exceeding the targeted amount as a result of audit and assessing contract expenses occurring at the beginning of the year. • Recreational expenditures are down as a result of COVID related programming Page 60 of 178 reductions. Community Center/Ice Arena/Sand Venture - July 2020 (See attachment) SandVenture - Will not open in 2020. Community Center/Ice Arena - Revenues are behind in terms of budget targets and comparison to the previous year, primarily related to operations being closed and impacted by COVID-19. COVID-19 Financial Impact (see attached) In July, the city received $3,127,073 of Coronavirus Relief Funds (CRF). Included is a memo that provides the detail of the city's submission of eligible expenditures through July 31. An additional revenue summary (not currently eligible for reimbursement) has been provided. Budget Impact: ATTACHMENTS: o July 2020 Monthly Financial Report • July 2020 Recreation Facilities Year -to -Year Comparison o CARES Act Funding Memo o COVID-19 Revenue Analysis • July Monthly Financial Report Presentation Page 61 of 178 CITY OF SHAKOPEE Monthly Financial Report YTD July July YTD Budget July YTD 2020 2020 2020 Balance Percent 2019 Budget Actual Actual Remaining Used Actual 01000 - GENERAL FUND REVENUES: * - TAXES 17,584,900 0 8,695,921 8,888,979 49% 8,869,800 * - SPECIAL ASSESSMENTS 7,000 0 (11,468) 18,468 (164)% (12,501) * - LICENSES AND PERMITS 2,191,100 431,818 1,791,465 399,635 82% �mi 3,150,526 * - INTERGOVERNMENTAL 1,326,600 3,400,996 3,767,308 (2,440,708) 284% 518,247 * - CHARGES FOR SERVICES 6,778,500 276,955 3,008,549 3,769,951 44% 4,036,758 * - FINES AND FORFEITS 1,700 19 4,596 (2,896) 270% 7,363 * - MISCELLANEOUS 208,200 2,594 245,154 208,200 118% lima 144,262 TOTAL REVENUES 28,098,000 4,112,381 17,501,525 10,841,629 62% ^m 16,714,454 EXPENDITURES: 11 - MAYOR & COUNCIL (191,100) (7,158) (105,429) (85,671) 55%;r (105,845) 12 - ADMINISTRATION (2,102,700) (143,701) (1,080,509) (1,022,191) 51% (1,076,949) 13 - CITY CLERK (426,600) (34,064) (233,901) (192,699) 55% (203,249) 15 - FINANCE (966,700) (45,751) (682,240) (284,460) 71% (650,187) 17 - PLANNING AND DEVELOPMENT (592,300) (43,814) (314,763) (277,537) 53%;r (368,290) 18 - FACILITIES (601,300) (52,015) (327,216) (274,084) 54%;r (330,622) 31 - POLICE DEPARTMENT (9,214,600) (641,126) (4,812,666) (4,401,934) 52% (4,764,913) 32 - FIRE (2,762,700) (230,573) (1,530,493) (1,232,207) 55% (1,357,870) 33 - INSPECTION-BLDG-PLMBG-HTG (1,286,900) (87,935) (873,206) (413,694) 68% (535,426) 41 - ENGINEERING (1,119,900) (91,201) (603,287) (516,613) 54% (478,179) 42 - STREET MAINTENANCE (2,405,300) (128,322) (970,284) (1,435,016) 40% imi (1,535,250) 44 - FLEET (450,500) (50,976) (276,934) (173,566) 61% (236,571) 46 - PARK MAINTENANCE (2,531,000) (230,673) (1,239,881) (1,291,119) 49% (1,088,267) 66 - NATURAL RESOURCES (150,700) (16,946) (100,910) (49,790) 67% (102,012) 67 - RECREATION (4,210,400) (296,572) (1,872,423) (2,337,977) 44% (2,154,107) 91 - UNALLOCATED (130,300) (787) (3,963) (126,337) 3% 'mi (3,643) TOTAL EXPENDITURES (29,143,000) (2,101,615) (15,028,107) (14,114,893) 52% (14,991,379) OTHER FINANCING * - TRANSFERS IN 250,000 250,000 250,000 0 100% 250,000 * - TRANSFERS OUT 0 0 0 0 0% 0 OTHER FINANCING TOTAL 250,000 250,000 250,000 0 100% 250,000 FUND TOTAL (795,000) 2,260,766 2,473,418 (3,273,264) 2,067,354 Key Varies more than 10% than budget positively Varies more than 10% than budget negatively Within 10% of budget Page 62 of 178 RECREATIONAL FACILITIES OPERATING BUDGET TO ACTUAL Business Unit 0672 - SANDVENTURE REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0672 - SANDVENTURE 0673 - ICE ARENA REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0673 - ICE ARENA 0674 - COMMUNITY CENTER REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0674 - COMMUNITY CENTER Budget 2020 Jul YTD Actual 2019 (196,500.00) (143,345.41) 156,700.00 99,619.39 168,400.00 84,870.76 128,600.00 41,144.74 YTD, Actual 2020 0.00 (117.00) 22,903.19 44,825.66 67,611.85 0.00 (895,000.00) (411,728.14) (316,920.74) 356,700.00 181,598.23 198,085.52 510,800.00 253,805.49 264,275.58 (27,500.00) 23,675.58 145,440.36 0.00 (1,006,300.00 (726,679.52) (298,716.33) 1,095,900.00 658,337.90 510,060.07 816,100.00 422,312.01 396,759.99 905,700.00 353,970.39 608,103.73 YTD Year Variance Actual (143,228.41) 76,716.20 40,045.10 (26,467.11) (94,807.40) (16,487.29) (10,470.09) (121,764.78) (427,963.19) 148,277.83 25,552.02 (254,133.34) YTD Year Variance % Actual (99.92) (77.01) (47.18) 64.33 (23.03) 9.08 4.13 514.31 (58.89) (22.52) (6.05) 71.80 DEFERRED REVENUE- CC MEMBERSHIPS 198,290.00 430,857.00 232,567.00 (117.29) Page 63 of 178 8/4/2020 3:51:51 PM Page 1 of 1 TO: Audit File FROM: Nate Reinhardt, Finance Director Bill Reynolds, City Administrator SUBJECT: CARES Act Funding DATE: August 10, 2020 On July 3, 2020 the City of Shakopee received $3,127,073 in CARES Act Relief Funding. Summarized information is presented in the table below with more detailed information presented for each allocation. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that — 1. Are necessary expenditures incurred due to public health emergency with respect to the Coronavirus Disease 2019 (COVID19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020; 3. Were or will be incurred during the period that begins on March 1, 2020, and ends on December 1, 2020 City of Shakopee CARES Relief Fund As of July 31, 2020 CARES Funding Received July 3, 2020 $ 3,127,073.00 MN Reporting Type 1 Public Health 2 Payroll Expenses 3 Payroll Expenses Payroll Expenses 4 Payroll Expenses 5 Payroll Expenses 6 Compliance with Public Health Measures 7 Compliance with Public Health Measures 8 Economic Support 9 Other 10 Other Description Supplies/PPE Personnel - Leave Public Safety Personnel Public Safety Personnel Personnel (duities impacted) Unemployment Technology Expenses Park & Recreation Refunds Grant Program Broadband Deployment Equipment Breakdown Amount Comments 57,053.41 Masks, Gloves, Sanitizer, Signage, etc. 162,448.95 Emergency Paid Leave (State Order) 860,872.65 Police payroll expenses for Public Safety 613,777.71 Fire payroll expenses for Public Safety 358,655.13 Sustantially impacted job duties 129.00 MN Unemployent Benefits 70,060.79 Teleworking, electronic council meetings, etc 90,868.08 Recreation Refunds (Social Distancing) $200k Small Business Assistance Grants 10,000.00 City Contribution - Broadband Deployment 21,197.10 Zamboni repairs caused by shut down Total $ 2,245,062.82 Balance Remaining 882,010.18 COMMUNITY PRIDE SINCE 1857 City of Shakopee 1485 Gorman St., Shakopee MN 553791 Phone: 9.52-23:3-93001 Fax: 952-233-3801 www.ShakopeeMN.gov Page 64 of 178 In consultation with the League of MN Cities and Metro Cities a basis for the allocation of CARES Act Relief Funding is as follows: 1) $57,053.41 Supplies/Personal Protective Equipment. Items include protective shields, sanitizer, disinfectant, wipes, signage, building modifications, gloves and face masks. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the ('OVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.. • Expenses for technical assistance to local authorities other on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to C7OVID-19.1 • Expenses for quarantining individuals. 2) $162,448.95 Emergency Paid Leave. The City set-up a separate pay code in our payroll system, "COVID 19 - Emergency Leave" that accounts for employees who were unable to work as a result of Minnesota's Stay At Home Directive to mitigate the spread of the virus. As eligible under the CFR FAQ dated 7/8/2020. May Fund payments be used to cover increased administrative leave costs ofpublic employees who could not telework in the event (.1"a stay at home order or a case of COL1D-19 in the workplace? The statute requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. If the cost of an employee was allocated to administrative leave, to a greater extent than was expected, the cost of such administrative leave may be covered using payments from the Fund. COMMUNITY PRIDE SINCE '1857 City of Shakopee 485 Gorman St., Shakopee MN 55379 Phone: 952-233-9300 Fax: 952-233-3801 www.ShakopeeMN.gov Page 65 of 178 3) $860,872,65 Police — Public Safety Payroll Expenditures $613,777.71 Fire — Public Safety Payroll Expenditures Police Chief/Captains/Sergeants/Patrol officer time (excluding administrative support included in Personnel Substantially Different section). Includes hours worked from March 30' to May 24th where modified staffing schedules were utilized by police officers/sergeants in response to COVID-19. COVID-19 resulted in a significant change in activities including, but not limited to; reduced community policing, mental health calls or calls where mental health is the underlying contributor, domestic disturbances, firework complaints and order protection and domestic abuse no contact order violations. Patrol implemented a number of changes to processes to ensure social distancing and enhanced sanitation protocols. (Such as responding to medicals and vehicle releases). The fire department as a result of COVID-19 has had to take enhanced sanitation and social distancing measures to provide the ability to respond to emergency calls. Four on -duty firefighters were added to the station Monday — Friday 3pm to 7am. On Saturday and Sunday we now have four firefighters for 24 hours each day. The changes were necessary so that not all 45 firefighters showed up at the station at the same time when responding to a call and separating firefighters to prevent them being in the same place at the same time. As eligible under the CFR FAQ dated 7/8/2020. The Guidance says that funding can be used to meet payroll expenses for public safely, public health, health care, human .services„ and similar empkvees.whose services are substantially dedicated to mitigating or responding to the COE1D-19 public health emergency. How does a ,government determine whether payroll expen.ses for a given employee .satisff the "substantially dedicated" condition? The Fund is designed to provide ready finding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason. and as a matter of adnnnistrative convenience in light of the emergency nature of this program. a State. territorial. local. or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise, The guidance provides that funding May be used to meet payroll expenses for public safety, public health, health care, human .services, and .similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to cover such an employee's entire payroll cost or just the portion of time spent on mitigating or responding to the COVTD-19 public health emergency? As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible. provided that such payroll costs are incurred by December 30. 2020„ An employer may also track time spent by employees related to C'OVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. COMMUNITY PRIDE SINCE 1857 City of Shakopee 1485 Gorman St., Shakopee MN 55379 Phone: 952-233-93001 Fax: 952-233-38011 www.ShakopeeMN.gov Page 66 of 178 The June 2O'2O20NACC)briefing provided helpful guidance tOpublic safety employees. The fO|lOVViOg quotes were from Daniel NOYV3lSki' Counselor tOthe Treasurer, U.S. Department Ofthe Treasury: "GeO8rB|k/, we bi8d to be very flexible in our interpretation of the use of the Fund. Some of the VV8yo we opened Up; | think one of the most important OO8S is the pF8SUnlDtiOO that public health and public safety personnel, both salary and benefits can be1OO percent charges tOthe CF<F. | think that this 8great b8O8fit.^ "If you are 8public health Orpublic safety officer, GDyou know, the officer OOpatrol say, right, the office Onpatrol, you can charge their entire payroll cost i0the CRF. That is where the pr8SUOlpUOD that they are working, that their work is nB|8t8d to COV|[}-19 comes in. So, for those two classes O[worker — public health and public safety — whether they have been budgeted for Ornot, you can charge ittOthe {|RF." zU $358.055.13-Personnel Substantially Different. Each Ofthe following positions and their job duties have been substantially different than the job duties and tasks contemplated within the 2O2Obudget and have been significantly altered from what was intended 8tadoption Ofthe 202Obudget. 8. City Administrator i Response coordination ii CC)V|D-19 strategic planning iii Assisting City Council iOresponse k/. COV|C-1Qpolicy development V. CODlDOUDiC8tiOO to staff and public V|. Responding [Oemployee and citizen concerns Yii. Review of city-wide C[)V|[>'18 p|8OOiOg and 8Cti003 viii. Advocacy for City CC)V|[)-1Afunding at state and federal level ix. Coordination OfO[}V|[}-1Sefforts with other cities b. Assistant City Administrator i. C(]V|D-19Policy Development ii. S8rviCB/p[OC8SS BdjUSinl8Dt3 [8|8LSd to C{)V|[)-19 iii. Responding tOcitizen/employee concerns related [OC{)V|D-1S C. Finance Director i. Response coordination ii. Managing and accounting for [|OV|[)-18expenses (including attend i ng/partici pati ng in discussions, documenting and reporting CARES Act Relief FUOdS). iii. Preparing/Presenting COV|D-19fin8nci8| impacts to City {|OUDCi|. d. Accounting Supervisor i. Developing procedures related iOtracking C0V|[>-1Qexpenses and time. ii. Managing and accounting for CCJV|D-19expenses (including attend ing/participati ng in discussions, documenting and reporting CARES Act Relief FUDdS). COMMUNITY PK|DEBNCE1857 City of Shakopee 1485 Gorman St., Shakopee MN 55379 � Phone: 952-233-9300 1 Fax: 952-233-3801 !vvwmshakoveeMNgov Page 67m178 8. AdDliOiSirativHA5GiSL8Oi/\CCUunting Clerk i. Processing recreation refunds related tDCOV|D-19 Director OfHuman Resources i. C(}V|D-18Policy Development 1. [|OniiOUitv of Operations P|8D 2. Preparedness Plan 3. FFCRAP8id Sick Leave and F[WLA ii. Communication iOStaff 1. FF[|RAleave options 2. New pay codes 3. Changes to interview process iii. Responding tOEmployee Concerns 1. [|[}V|[J 19questions and pay issues 2. Safety planning with new requirements for staff 3. Processing unemployment related t0C{}V\D-1Q HUrn8n RHSOUrCe Specialists i. C[}V|[)1gVVSbiD8[S ii. Pn3C8SSing {}DV|[)-18 hours iii. Creating C[>V|D-1Qpay codes iv. Recruiting process changes h. Director OfPlanning and Development i. Business Hardship and Small Business Assistance Program g. i IT Director i Response coordination —PCand VPNconnectivity ii Equipment coordination and purchasing iii. Security configuration and response iv. Assisting City Council iOresponse and meetings V. Communication iOstaff i IT SpHCi8|iS[S i. Responding [Demployee concerns ii. Computer setup and deployment iii. Updating VPNsecurity/Security meetings iv. Supporting teleconferencing and video COnfereDCiOg k. Public Works Director/Engineering Staff i. Response coordination ii. Assisting 8dnliDi3t[8tiOO in [8SpODSe iii. Public Works C{]Vi[)-10policy development iv. COnODlUOiC8LiOO to staff and public v. Responding [Oemployee and citizen concerns vi. P[8p8r8hOO/COOrdination for staff working remotely vii. Creation Ofonline public bid opening process I� Public Works Administrative Assistants i. Ordering and tracking C[)V|[>-19supplies purchases COMMUNITY PRIDE SIN(-E1857 City of Shakopee 1485 Gorman St., Shakopee MN 55379 � Phone: 952-233-9300 1 Fax: 952-233-3801 1www.ShakopeeMN.go, Page 68m178 ii Emergency contact list iii. Creating and printing CUO0OlUOiC8tiOn Ol8t8ri8|G iv. Responding tOquestions v. Set-up Oftechnology alternatives 0. Public Works SuperinteOd8nt/8up8n/iSO[S/FOFe03n/Dper8tO[S i. PVVessential work schedule ii. PVVwork plan iii. Department procedures iv. Meetings/Crew meetings v. Communication to Staff Vi. Responding [Oemployee and citizen concerns vii Voting shields v|ii Truck assignment ix. Construction Ofcleaning stations x. Continuity of operations p|3O Xi. Staff training Xii. R8S88[Ch/inhJr08UOOgath8ring xiii. [)DvvOLOVVO signs and n]8d C|OSUr8S XiV. Ordering sanitizing supplies/vendor coordination D. City Clerk i. Managing elections impacted bythe public health emergency including 8CqUiSiUOD OfPPE and coordinating with County on 8bSBD[8e b8||OUOg due tOpublic health emergency O. Parks @ ReC[e8UOO Director i. Facilities: dOGiDg/r8OpSOiOg;C|B8DiDg/S8DibZiOg;SigO8ge/eqUipnOeOt |i. [}{}V|[)impact 8VV8neneSS/SdUC@hOD/CDOrdination: VVgbiD8rS,online training, reading iii. COOlDlUOiC8UOnS/COOrdiO8hOn: vv8bSiteS; enl8i|S; teleconferencing iv. Staffing: policies; furloughs; CODlr0UDiC8UOD; new policies/procedures training V. Public response: ensuring responses comply with current gUid8nCB/OndG[S p. Recreation Supervisors/Coordinator/Administrative Assistant i COV|C-1Qpolicy development — including discussion with staff and outside agencies ii. Communication tOstaff and public iii. Response coordination — including discussion with other departments and outside organizations iv. Procedure development (aquatics, community center, reservation system, bank deposits) V. Awareness - impact, training, education Building Maintenance i. Meetings q. [OK8K4UN11"YPRIDE SINCE 1857 City of Shakopee 1^mGormonSt., Shakvpce Mwssxr9|Phore:sozass9zoo|Fax: 952-23aaonl |www.shakopeeMmgo, Page 69m178 Hi. Building preparation iv. Additional cleaning and disinfecting v. Training r. Police Administration/Records i. Response coordination H. Increase in gun permits Hi. Communication to staff and public iv. Responding to employee and citizen concerns As eligible under the CFR FAQ dated 7/8/2020. The Guidance states that the Fund may support a "broad range of 'es" including payroll expenses for several classes of employees whose services are "substantially dedicated to mitigating or responding to the COVID-19 public health emergency." Trihat are some examples of Opes of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care. human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-I9 public health emergency. Payroll and benefit costs associated with public employees who could have been fiuloughed or otherwise laid off but who were instead reimposed to perform previously unbudgeted fitnctions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use offunds in such a line item, allotment, or allocation. What would qualify as a "substantially different use or purposes of the Fund eligibility? Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of persomiel and services that were budgeted for in the most recently approved budget but which, due entirely to the C'C)VID-19 public health emergency, have been diverted to substantially different functions, This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Note that a public function does not become a "substantially different use" merely because it is provided from a different location or through a different manner. For example, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public finds than classroom instruction. COMMUNITY PRIDE SINCE 1857 City of Shakopee 1485 Gorman St., Shakopee MN 55379 Phone: 952-233-93001 Fax: 952-233-38011 www.ShakopeeMN.gov Page 70 of 178 5) $129.00 - Unemployment costs incurred by the City. As eligible under the CFR FAQ dated 7/8/2020. Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes. Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVED-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise„ 6) $70,060.79 Technology Expenses. Technology expenses incurred to provide employees the ability to work from home, electronic public meetings and teleconferencing. Additional computer/network security was added as these additional capabilities opened up vulnerabilities in our environment that we have proactively addressed. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as; • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions 7) $90,868.08 Park and Recreation Refunds. Expenditures necessary as the City was required to implement social distancing standards and close public facilities including community center, swimming pool, ice arena and park facilities. As eligible in accordance with the Federal CRF Guidance dated June 30, 2020. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COV1D-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in conummity settings„ and other public health or safety workers in connection with the COVID- 19 public health emergency.. • Expenses for disinfection of public areas and other facilities, nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation. of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to cow* 19. • Expenses for quarantining individuals, COMMUNITY PRIDE SINCE 1857 City of Shakopee 485 Gorman St., Shakopee MN 55379 Phone: 952-233-93001 Fax: 952-233-3801 www,ShakopeeMN,:goy Page 71 of 178 8) $0 ($200,000 Dedicated for Small Business Assistance Grants). As eligible under the CFR FAQ dated 7/8/2020. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a "small business," and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example. a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the CC)VID-19 public health emergency. 9) $10,000.00 - City of Shakopee contribution to broadband deployment in response to COVID-19. As eligible under the CFR FAQ dated 7/8/2020. May recipients use Fund payments to expand rural broadband capacity to and telework? with distance learning Such expenditures would only be permissible if they are necessary for the public health emergency. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. 10) $21,197.10 — Equipment breakdown as a result facility shutdown related to COVID-19. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred "due to" the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second -order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. COMMUNITY PRIDE SINCE '1857 City of Shakopee 1485 Gorman St, Shakopee MN 55379 Phone: 952-233-93001 Fax: 952-233-38011 wwwShakopeeMN.gov Page 72 of 178 City of Shakopee MEMORANDUM TO: Mayor and City Council Bill Reynolds, City Administrator FROM: Nate Reinhardt, Finance Director SUBJECT: COVID-19 Financial Impacts (Through July) DATE: August 18, 2020 COVID-19 Revenue Analysis -YTD Comparison (As of July 31, 2020) We have compiled a summary of revenues that we will continue to monitor for impacts. Through July of 2020, we are seeing a year over year increase in the number of building permits (3,138 from 3,114) and a slight decrease in new single-family housing starts (99 from 90). Specifically, we are seeing a lot of residential improvements (fences, basement finishes, etc.). Building permit revenue is currently at 73% of budget for the year. Parks and recreation revenues are down approximately $787k from 2019 through July. We have realized offsetting savings including reductions in part-time and seasonal hours, operating supplies, utility and cleaning services. The amount of cost savings added up to $318k, leaving a net financial impact of approximately $469k. Other revenues have been impacted or are expected to be impacted including lodging tax, sanitary sewer, and liquor licenses. We did not see any impacts to our total 1st half property tax collections, in August the County provided an additional settlement related to deferred payments that put our 1st half collections in line with expectations. The City passes on the lodging tax revenue (less an administration fee) to the visitor's bureau. July revenues for lodging tax and sanitary sewer will be received in August. Liquor licenses will be prorated for 2020 based on the time period license holder operations were impacted from the stay at home order. Page 73 of 178 City of Shakopee Revenue - YTD Comparison (COVID-19 Potential Impacts) As of July 31, 2020 Description Planning/Inspection/Engineering 2018 2019 2020 Rev. Change Comments Building Permit Revenue $ 1,181,643 $ 2,646,834 $ 1,595,109 Planning/Zoning Application Revenue $ 60,210 $ Engineering Fees Building Activity Total #of Building Permits (All types) Single Family Home Permits Permit Value Comparison (All) 383,711 26,190 $ 420,630 75,680 $ 315,212 3,114 3,138 99 90 $212,596,397 $ 67,635,473 (1,051,725) 73% of 2020 budget 49,490 (105,418) Description Parks & Recreation 2018 2019 2020 Rev. Change Comments Community Center Membership Revenue Community Center Admissions Swimming/Skating Lessons Ice Rental Youth Recreation Adult Recreation Community Center/Ice Arena Room Renta Park Rentals CC/Ice Arena/Park Other Park & Rec. Subtotal Offsetting Expenditures Sandventure Community Center Ice Arena Recreation Programs Park & Rec. Offsetting Expenditures Subtotal Park & Rec. Net Financial Impact 476,449 $ 512,717 189,237 216,734 59,683 64,054 321,722 331,068 127,360 101,834 39,000 41,077 58,782 68,264 30,023 34,385 58,270 58,007 1,360,526 r$ 1,428,140 r$ $ 212,822 79,770 6,909 243,765 29,098 10,853 23,736 5,652 28,538 641,143 $ (299,895) (136,964) (57,145) (87,303) (72, 736) (30, 224) (44,528) (28,733) (29,469) $ (786,997) $ 116,761 186,733 3,697 10,596 $ 317,787 $ (469,210) PT staffing, operating supplies, PT staffing, operating supplies, utilities, cleaning services PT staffing Seasonal staffing Description Other 2018 2019 2020 Rev. Change Comments Lodging Tax (Pass thru funding) Sewer Revenue Liquor Licenses $ 173,403 $ 183,884 $ 104,914 $ 1,525,181 1,659,284 1,670,711 (78,970) June receipts not included 11,427 May receipts not included (37,000) Prorated License Adjustment Page 74 of 178 Page 75 of 178 40 4. 40 40 . .0 C4 .4 0 1; S O4 0,4 C.) rA of 4'5 te•n el 0,1 el r ro, o61(1 OA on e fL, CA 4t 65 .50 00 60 51' re .4 CA On 00 ken -4 07, 0 75 no0.°) ,72 '°4?. klAW KD'h s<5 Cs, C5 or0 o",, 05 On 5t CA 23i41, cp 1•• al 4r en .1r1I iIln' .4 r- oo or• wn Ia9 ,f 6;0 OD OQIa ON cno ncyn Ia c? ,or CP 65 9 Sp cp C) C)Clnt..) 0 C.'. 0 6'5 Ia ,P4 Ia 0) Ia In.51 51, CIiri ,t11 r•-1 NC, CA ri an Cl .4 CI sW. 0) 00 ,t VI CI rt„, it I,4") erd ,e70 IaCI) Ia NO 09 r" et N oo enoo r-, en on oo If) .4 0 CA 45 0) 05 r- rf 05 CA 0 .4 nw, nAla WO' WO' -4 -4fl,t CA VI 00 4r Cl -4 Ch r- N to), '40 If 0) PP O,), 41. '.' 41. on WO W. ,'15•5 9, Le- k). cp, ON OD ON 0) cp, en 50 .4 50 vn 0 ON r4 ^.4. 0 05 .4 I)) ON on ion CA CA 9 ,t -4 e-4 05 -4 CA r- -- ,54 r I r I .74 tr r !.°,71 *,f. 72, 71. '""'" 01. 72, Cb c? o) 4) o) .*1- C? on on ol 65 or 0) .4 42 fp, 0) 0) on 00 .4 7t. ,o-1 05 C.N. C... 0) ,,vt CA CA CA CA 0) CA 0) If on CA ,f r- CA 0'5 05 4) CA CA 05 .4 Cl rA on on 65 C o0 ) ON OA r Ir4 GO .4 nt .4 qt. ry) R7.1 0) i CII-- 0)IWI.15 kel 05 CA 'k,C, VI 105 en N't `,1 If) 3 WI 01 CI Oil VI en .... al", 65 65 65 65 65 0 65 65 65 65 65 65 65 65 65 65 0 0 C C C C 0 0 0 0 0 Co 0 C. 0 C) y.;,, 4 C- 45 C- 0) 05 45 C- ON CA on wn co r- ,.„t 01 CA 0) NO ri PA ,f P4 ,,,, 05 v5 0 ..4 0 Cp 0 • Cl 0 ri NO ON 0 ,,,.. ^,,0 o0 .4 0 wl on w5 .4 on .4 .4 ,,,t ON V) 45 Cl 9, el r. 'C 'C VI ,... CA .4 OP t Ai ,tt <,...... [LI ne-n e" r,11 ON re) p4 ON 'Tr p4 10) 00,1 '1,, C) rl, C) 9 0 II CP 9 d.t7, Co' If) 0 0 0 c7,7, CD •C'fhl CS OD Ill rO OD OD .16 4 r 05 p4 ,t re) Cl 4P min CD 19 .4; ON Page 76 of 178 L) I I II I I I Page 77 of 178 As of July 31, 2020 CARES Funding Received July 3, 2020 $ 3,127,073.00 Comments U 4a, oA c ro v a) c 4656 i N �+- a) •U U O rn E c tIO L V)ro 0 - c '— _ Q! v, u _ 0Cp -,ro �- c c cif ro 4-2 O a! .O u v) O •O U O N W V) V) -p C C V1 E f0 a) V) 4-4 O V) C a) 0_ -o U 'a"' U-0 n) CD c a) c V) -o a Q Q a1 c vZ a) 4- <11 a! d a) ' 0 0A cc > a o= >- E c c 0 L7 c roro E L o v n >- }.. a) O nsro vZ c 47+ - ro D 3 v v) a1 — v — v co w a ii rn 2 a) cc r-I I.r1 tf1 r-I M Cr 01 l0 N r-I .r.. r'A 00 NiN 111 O Ln N N LC) 3 0 Cr 00 N lD 0 N co' M 06 000 Lc)M Q MN Reporting Type 1 Public Health Personnel - Leave Public Safety Personnel Public Safety Personnel Personnel (duities impacted) 01 N r-I Unemployment V) V) V) V) V) a) a.) v v v V) V) V) V) V) CCCCC a) a.) v v v n n n n n w w w w w U) a) c a) x w a 0A O 0 C U a) iance with Public Health Measures o O o O O Q. Q- > > >- >- >. E E co ro r0 r0 r0 O O a a a a a U U N M Cr u1 (.0 N c OJ (.7 U U C N V) Q) C CO E O O Grant Program 8 Economic Support City Contribution - Broadband Deployment 8 O O r-I Broadband Deployment Zamboni repairs caused by shut down Equipment Breakdown L ai a) L 0 0 01 O ri $ 2,245,062.82 00 r-I O O N 00 00 Balance Remaining Page 78 of 178 0 1111111111111111 parks & Recreation Q 10) C O 0 Lei ,70 Lei ryl LE) 0.1r DI n0i 11 rn N N m n17,)1 H rn Lei 1,0 Co) gj `100,A rri ir.,1 4 0 N 5z,in DE) N N N Ex) EN1 N Lo Lri N Lri iiiNEr 511 (Di rrrr—ri, nJEl▪ i' LES i 01"" hLE H N r^,1 0 0 0 -LE00 h'^, 41' ‘,1, bt,', L 001 rn uri L , 00, N-Ler) 0,0 br4 !c; N- ty, LTI N ni CD IN) U CO.- N.'. L0. ,r0f. 04 04 0-" nii ,00' bri .•,...007 100.10 r.400 Nrei C 4.1' IX! rn ii.n N rel 001 .41. Lii 0,1 N r9 re, gp ▪ ri4 K?, Pr:I NioS. Nr-7. g -400 -Lel- -kek. 5 KJ .6, L. er..1Ey ELL IV e 001 ni 0▪ rn 00 L r; LES DA •.c..„,,A! ty.: m .,,1 '2 .LJ- i 1-- ..E" 0.1 VI I'll X: ,„, ..... ....- 0 L. 2 V.2, 1'19 C C 1112 -%0 ..4' Ill4 c c :in .. 0 0 cm LI. ELI 1 0 c 0 a, KLI ▪ L... 0 4,„1 L.0 4, • :7,0 n -el EP 0 cc L.': SL2 EV E 22 470 .00 — 0u E0 0 4, E ▪ 12 .- 4. k,...1 MI rIP o 0 ILI LI 13- 1.• a ,„, iq el_ 1.0 • E z t i, . a F X T9 LILI to "C;i C 00 — E ix 2 4. r Z Itt/ Page 79 of 178 7.A.2. Shakopee City Council August 18, 2020 FROM: Nate Burkett, Assistant City Admininstrator TO: Mayor and City Council Members Subject: Resolution calling for a vote on whether to abolish the Shakopee Public Utilities Commission. Policy/Action Requested: Approve Resolution Number 2020-099 which calls for an election on the question of Abolishment of the Shakopee Public Utilities Commission. Recommendation: Approval. Discussion: Since the 1950 vote by the City Council that established the Shakopee Public Utilities Commission, there have been decades of strife and disagreement between the City and the Utility regarding multiple issues. In the past, those disagreements and concerns were able to be addressed. However, in the last three years the City has steadily been made aware of multiple issues that if not addressed would have broad consequences to the health and safety of the community, and to violations of state law. While researching historical underpinnings of utility decisions, city staff uncovered several apparent violations of Minnesota law, and a culture of manipulation and secrecy at the top of the organization. As an unregulated utility — unlike all private utilities in the state that are regulated by the Minnesota Public Utilities Commission — SPUC only has to essentially convince themselves of something for it to be implemented without any real oversight. In a word, there is no gatekeeper. There are four general areas of concern at this point: 1) relations between the City and the Utility, 2) the soundness and veracity of Utility finances, 3) past actions by the Utility and its staff in violation of state law, and 4) public health and safety concerns. All of these areas are well known and the subject of much discussion and review in the past few years — most at the council level. As such, this memo will only look to put them in the record for the public to understand the reasons for moving forward with this action. Page 80 of 178 City/Utility Relations Although relations have often been a struggle, recently the utility has chosen to make decisions without input or consultation with the City of Shakopee on issues important to both entities, including the unilateral action to change the City payment in lieu of taxes (PILOT) against history and legal precedent, and their unilateral submission of the City's 2019 water comprehensive plan to the state absent any input/review by city staff. Since the Commission's actions are unregulated by any reviewing body ("We are our own regulating authority" was the way one commissioner put it last year) the City can do little but object regardless of how out of bounds the Utility's actions are. In addition, the City has multiple issues with the Commission refusing to provide information, including an initial refusal to answer questions posed after a joint meeting called to discuss the utilities' exorbitant water connection/trunk charges. There was also a substantial (many month) delay in in answering request for records regarding staffing/salary that was needed to review opportunities for combining positions and saving taxpayer/ratepayers money. Financial Concerns Financial concerns have been at the heart of the city's involvement with SPUC with the veracity and soundness of the utilities' finances being of real concern. There are many issues here, but the two biggest revolve around the Water Connection and Water Trunk Charges (among the highest in the state), and the decades collection of funds for water treatment plants with no plan to implement. Violations of Law and Ethics It is clear that under the Utility's leadership, that at least two employees have received contracts that violate the state law mandated salary cap on public service personnel. In addition, there exists a culture of hiding information from the public (including public personnel salaries) — in violation of the state Open Meetings Laws — with the use of secret "Commissioner Only" packets designed to hold financial and other information from public view. There is also evidence of attempts to alter a state report and manipulate information by Commission staff As part of the review of the Commission's actions, the Minnesota State Auditor's Office called them "absurd and unreasonable." Currently, the Utilities Manager is under legal investigation for the state law violations noted above. Public Health and Safety The most important area of concern is water quality and safety. Shakopee has historically and continues to have long-standing concerns regarding Nitrate levels. The city is the only municipality in Scott and Carver counties that does not have treated water, and one of the few in the metro area. We are the largest city in the state by far without treated water. The utility has no approved plans to address this issue other than to continue their "blending" of more contaminated water with lesser contaminated water to dilute the contamination to get the levels below state maximums. In fact, as opposed to protecting the city wells from possibility of contamination, the utility has encouraged industrial users to drill their own wells — in violation of a sensible wellhead protection program. Page 81 of 178 All of these issues have been documented in the past few years as the city has struggled to have the Commission be a part of the solution. The Shakopee City Council has spent the last several years trying to get the Commission to work toward common goals, provide more on -target oversight and have a strong review of internal financials. Those efforts have failed. It is time for the public to have a choice. If the vote in November where to be successful, staff would recommend that the City immediately order a top to bottom forensic audit of Utility finances and submit a request for qualifications for both a new audit firm and new legal counsel. In addition, the Council should give thought to requesting that the utility be regulated by the Minnesota Public Utilities Commission to ensure that such actions could not occur in the future. Budget Impact: The vote has no financial impact. ATTACHMENTS: a Res 2020-099 SPUC Abolishment Page 82 of 178 CITY OF SHAKOPEE, MINNESOTA RESOLUTION NO. 2020-099 RESOLUTION CALLING FOR AN ELECTION ON THE QUESTION OF ABOLISHMENT OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION WHEREAS, in 1950, by vote of the Shakopee City Council, the Shakopee Public Utility Commission ("Utility") was established; WHEREAS, in the past several years, the Shakopee City Council has shown increasing concern with multiple issues within the operation of the Utility; WHEREAS, these areas of concern include relations between the City and the Utility, the soundness and veracity of Utility finances, actions by the Utility and its staff in violation of state law, and public health and safety concerns; WHEREAS, the City/Utility relationship has been damaged by: 1) the Utility's unilateral action to change its payment in lieu of taxes to the City acting against history, agreement and legal precedent; 2) the Utility's refusal to provide answers to questions posed by the City; 3) the Utility's untimely answers to valid public records requests; and 4) the Utility's unilateral submission of the City's 2019 Comprehensive Water Plan to the Metropolitan Council absent any input/review by City staff; WHEREAS, the soundness and veracity of Utility finances are in question because l) both water connection and water trunk charges are among the highest in the state with no reasonable explanation as to why that is the case, and 2) the Utility has been collecting fees for a water plant for decades with no plan and no designated fund for the treatment plant; WHEREAS, the Utility has committed violations of law and ethics by: 1) contracting to pay at least two employees (Utilities Manager and Director of Finance and Administration) in excess of the state -mandated salary cap in violation of state law; 2) committing multiple Open Meeting Law violations through a culture of hiding information from the public including the salaries of high- level employees of the Utility, providing secret "Commissioner Only" meeting packets out of public view, and altering state reports; and 3) Utility staff manipulating information given to the Commission and the public at large; WHEREAS, the Office of the State Auditor has opined that the actions of the Utility in regard to the salary cap violations were "absurd and unreasonable"; WHEREAS, the current Utilities Manager is under investigation for these ethical and unlawful actions; WHEREAS, the City Council has serious public safety and health concerns in that 1) the nitrate levels in the City's drinking water continue to be elevated, with the levels significantly higher than our neighboring cities, 2) Shakopee is the only city in Scott and Carver Counties, and 1 Page 83 of 178 one of the few in the Metro area, to have untreated water; 3) Shakopee is the largest community in the state with untreated water, 4) the Utility encourages the residential/industrial drilling of wells in violation of a sensible wellhead protection program, and 5) there is no long-term plan to address the quality of city water other than to "blend" water with excessive nitrate levels with less contaminated water to get it under the state maximum nitrate levels; and WHEREAS, the City has tried in the past several years to focus the Commission on oversight and planning and has expressed significant concerns to the Commission regarding the above to no avail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The City Council hereby finds and determines that it is in the best interest of the health, welfare, and safety of the City and its residents that the City place the following question on the ballot for voter determination, to wit "Shall the Shakopee Public Utilities Commission be abolished?" 2. That the proposition for Commission abolishment will be submitted to the voters of the City at the general election to be held on Tuesday, November 3, 2020. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to regular municipal elections. 3. The City Clerk is directed to cause a sample ballot in substantially the form attached as Exhibit A and a notice of election in substantially the form attached as Exhibit B to be posted, published, and delivered as required by law as follows: (a) The notice of election will be delivered to the County Auditor of Scott County, Minnesota, at least 74 days prior to the election, pursuant to Minnesota Statutes, Section 205.16, Subdivision 4, together with a written request to notify the Secretary of State of the election at least 74 days prior to the election pursuant to Minnesota Statutes, Section 205.16, Subdivision 5; (b) The notice of election will be published twice in successive weeks in the official newspaper of the City commencing at least two weeks prior to the election, pursuant to Minnesota Statutes, Section 205.16, Subdivision 1; (c) The sample ballot will be published twice in successive weeks in the official newspaper of the City commencing at least two weeks prior to the election, pursuant to Minnesota Statutes, Section 205.16, Subdivision 2; and (d) The sample ballot will be posted in the office of the City Clerk at least ten days prior to the election, pursuant to Minnesota Statutes, Section 205.16, Subdivision 3. 2 Page 84 of 178 4. The polling places, hours of election, and the respective judges for the election will be those established by the City for the general election scheduled for November 3, 2020. The polls will be open from 7:00 a.m. until 8:00 p.m. 5. The City Clerk is authorized and directed to prepare the ballot in substantially the form attached as Exhibit A, subject to the requirements of Minnesota Statutes, Section 205.17. 6. The City Council shall meet in the City Hall on Tuesday, November 10, 2020, at 7:00 p.m., to canvass the results of the election and to declare the results thereof. Adopted by the City Council of the City of Shakopee, Minnesota this 18th day of August 2020. ATTEST: City Clerk Mayor 3 Page 85 of 178 EXHIBIT A FORM OF BALLOT CITY QUESTION BALLOT CITY OF SHAKOPEE GENERAL MUNICIPAL ELECTION Tuesday, November 3, 2020 INSTRUCTIONS TO VOTERS: To vote for a question, completely fill in the oval next to the word "YES" for that question. To vote against a question, completely fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: ABOLISHMENT OF THE SHAKOPEE PUBLIC UTTLTIES COMMISSION Shall the Shakopee Public Utilities Commission be abolished? C) YES O NO A-1 Page 86 of 178 EXHIBIT B NOTICE OF ELECTION NOTICE OF ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that an election will be held in and for the City of Shakopee, Scott County, Minnesota, on Tuesday, the 3rd day of November, 2020, at which the following proposition will be submitted to the voters of the City for their approval or rejection: CITY QUESTION NO. 1: ABOLISHMENT OF THE SHAKOPEE PUBLIC UTILTIES COMMISSION Shall the Shakopee Public Utilities Commission be abolished? YES NO The polling place for said election is as follows: Shakopee P-1 Shakopee P-2 Shakopee P-3 Shakopee P-4 Shakopee P-5 Shakopee P-6 Shakopee P-7 Shakopee P-8 Shakopee P-9 Shakopee P-10 Shakopee P-11 Shakopee P-12A Shakopee P-12B Shakopee P-13 Shakopee West Junior High School Pearson Early Childhood Center Fire Station Number 1 Red Oak Elementary School Youth Building at Lions Park Community Center First Presbyterian Church Shakopee Police Station Faith Lutheran Church Shakopee Area Catholic Education Center Cross of Peace Lutheran Church Eagle Creek Elementary School Eagle Creek Elementary School Cross of Peace Lutheran Church 200 10th Avenue East 917 Dakota Street South 2700 Vierling Drive East 7700 Old Carriage Court 1099 Adams Street 1255 Fuller Street 909 Marschall Road South 475 Gorman Street 150 130th Street West 2700 17th Avenue East 1506 Wood Duck Trail 6855 Woodward Avenue 6855 Woodward Avenue 1506 Wood Duck Trail The polling place for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. This election will be held in conjunction with the State of Minnesota general election. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day. Dated: , 2020. BY ORDER OF THE CITY COUNCIL /s/ William H. Reynolds City Administrator B-1 Page 87 of 178 STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE ) SS. I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on August 18, 2020, with the original thereof on file in my office and the same is a full, true, and correct copy thereof, insofar as the same relates to the question of abolishing the Shakopee Public Utilities Commission. WITNESS My hand as such City Clerk and the corporate seal of the City this day of 2020. (SEAL) City Clerk City of Shakopee, Minnesota Page 88 of 178 7.A.3. Shakopee City Council August 18, 2020 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Amend tobacco ordinance to align with federal law. Policy/Action Requested: Approve Ordinance 02020-009, Amending Title XI, Chapter 110 and Title XIII, Chapter 130 of the city code related to Tobacco Sales and Use. Recommendation: Approve above requested action. Discussion: During the 2020 Minnesota Legislative session, a law was enacted regarding tobacco sales. In part, the legal purchasing age of tobacco in Minnesota will be raised to 21 for alignment with federal law and a number of changes related to licensees will be made, including related to compliance checks, violations and penalties, and required signage and age verification. This law will take effect on August 1, 2020. This required the city to update their current city code to reflect those changes. Notices were sent to all license holders about the changes and meeting date. Staff have not received any comments or concerns from the licensees at the time of writing this memo. A copy of the notice and the draft copy of the ordinance are attached. Budget Impact: ATTACHMENTS: o Notice • Draft Ordinance o Ordinance 02020-009 Page 89 of 178 [Insert date] [Insert Name of Licensee] [Insert Address of Licensee] Dear Licensed Tobacco Retailer, During the 2020 Minnesota Legislative session, a law was enacted regarding tobacco sales. In part, the legal purchasing age of tobacco in Minnesota will be raised to 21 for alignment with federal law and a number of changes related to licensees will be made, including related to compliance checks, violations and penalties, and required signage and age verification. This law will take effect on August 1, 2020. Shakopee's tobacco ordinances must also be amended to align with the federal and state laws. The city council will consider an ordinance amendment at their August 18, 2020 regular council meeting. As a tobacco license holder in Shakopee, the city is informing you of the council's intent to consider and vote on the amendment. Meeting Details: Tuesday, August 18, 2020 at 7:00pm It is anticipated that some or all of the members of the Shakopee City Council will participate in the August 18, 2020 meeting by video conference rather than by being personally present at the City Hall Council Chambers at 485 Gorman St., Shakopee, MN 55379. The public can monitor the meeting live on Shakopee Government TV or on www.ShakopeeMN.govifivestream. Members of the public wishing to make comments to be read into the record during the meeting may contact me at the information below. Additionally, agendas are posted on the Friday before each meeting at the following link: www.ShakoiaeeMNagov/agendasandminutes. Please contact me if you have any questions or comments, via phone at (952) 233-9318 or email at Il:a:]ewseqCPSIh,alko.peeIM N.1.ov. Sincerely, Lori J. Hensen, City Clerk CMC City of Shakopee 485 Gorman Street Shakopee, MN 55379 (952) 233-9318 Page 90 of 178 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XI, CHAPTER 110 AND TITLE XIII, CHAPTER 130 OF THE CITY CODE RELATED TO TOBACCO SALES AND USE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. The Table of Contents for the Subchapter pertaining to TOBACCO, TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES in Chapter 110 of the City Code is amended to read as follows: 110.055 Purpose 110.056 Definitions And Interpretations 110.057 License 110.058 Basis For Denial Of License 110.059 Prohibited Sales 110.060 Vending Machines 110.061 Self -Service Merchandising 110.062 Responsibility 110.063 Compliance Checks And Inspections 110.064 Other Illegal Acts 110.065 Violations 110.066 Exceptions And Defenses 110.067 Amendment 110.068 Sijnaje and Age Verification Section 2. Section 110.055 of the City Code is amended to read as follows: § 110.055 PURPOSE. A. Policy. 1. The city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess, and use electronic delivery devices, tobacco, tobacco products, and tobacco -related devices, and such sales, possession, and use are violations of both state and federal laws. 2. Studies have shown that most smokers begin smoking before they have reached the age of -1-8 21 years and that those persons who reach the age of -1-g 21 years without having started smoking are significantly less likely to begin smoking. 3. Smoking has been shown to be the cause of several serious health problems that place a financial burden on all levels of government. B. This subchapter is intended to regulate the sale, possession, and use of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices for the purpose of enforcing and furthering existing laws; to protect minors persons under the age of 21 1 Page 91 of 178 against the serious effects associated with the use of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices; and to further the official public policy of the state in regard to preventing young people from starting to smoke use electronic delivery devices, tobacco, tobacco products, and tobacco -related devices, as stated in M.S. § 144.391, as it may be amended from time to time. Section 3. The following definitions in Section 110.056 of the City Code are amended to read as follows: COMPLIANCE CHECKS. The system used by the city or any other jurisdiction to investigate and ensure that those licensed to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices are complying with the requirements of this subchapter or any state or federal law or regulation. COMPLIANCE CHECKS shall involve the use of minors persons under the age of 21 as authorized by this subchapter or state law. COMPLIANCE CHECKS shall also mean the use of minors persons under the age of 21 who attempt to purchase electronic delivery devices, tobacco, tobacco products, and tobacco -related devices for educational, research, and training purposes as authorized by state or federal law. TOBACCO or TOBACCO PRODUCTS. Cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. The term TOBACCO or TOBACCO PRODUCTS excludes any tobacco product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. TOBACCO -RELATED DEVICES. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. TOBACCO -RELATED DEVICES include components of tobacco -related devices which may be marketed or sold separately. Section 4. Section 110.056 of the City Code is amended by adding the following definition: ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE excludes drugs, 2 Page 92 of 178 devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. Section 5. Section 110.057 of the City Code is amended to read as follows: § 110.057 LICENSE. No person may sell or offer to sell any electronic delivery devices, tobacco, tobacco products, or tobacco -related devices without first having obtained a license to do so from the city in compliance with this subchapter. A. Application. An application for a license to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council. If the City Clerk determines that an application is incomplete, the City Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. B. Action. The City Council may either approve or deny the license, or it may defray action for such reasonable period of time as may be necessary to complete any investigation of the application or the applicant. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to obtain judicial review of the City Council's decision. C. Term. Each license will be issued for a period of - one calendar year. If the application is made during the license year, a license may be issued for the remainder of the licensed year on a pro rata basis. Any unexpired fraction of a month shall be counted as a complete month. Every license expires on December 31 of the license year. D. Revocation or suspension. Any license issued may be revoked or suspended as provided for in this subchapter. E. Transfers. A license is valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. F. Moveable place of business. No license may be issued to a moveable place of business. Only fixed location businesses are eligible to be licensed under this subchapter. G. Display. All licenses must be posted and displayed in plain view of the general public on the licensed premises. H. Renewals. The renewal of a license issued under this subchapter shall be handled in the same manner as the original application. The request for a renewal shall be made by the licensee at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this subchapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the licensee to an automatic renewal of the license. 3 Page 93 of 178 I. Fees. No license shall be issued under this subchapter until the appropriate license fee has been paid in full. J. Instructional program. 1. No person shall be issued a license or renewal license to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices unless an applicant or license holder has an approved program for instructing all employees regarding the legal requirements pertaining to the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices at the business premises for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related products devices and the law regarding the requirement of purchasers to establish proof of age. 2. No license shall be issued unless the applicant or license holder signs a form attesting that each employee of the applicant or license holder has received training and instruction on the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices and the date such training occurred. The training shall include information that the sale of such products to minors persons under the age of 21 is illegal, explanation of what proof of age is legally acceptable, and that a sale to minors persons under the age of 21 can subject the applicant or license holder and their employees to criminal and civil liability. K. Sale by minors. No minor may furnish, sell, or attempt to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices unless written consent has been obtained from the minor's parents. Such written consent must include a statement of the potential penalties that can be imposed under this subchapter. L. Proof of age. Any sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices shall not take place unless the licensee requires any purchaser who appears to be under the age of 27 30 to establish proof of age by 4- one of the methods established by state law for the purchase of alcoholic beverages. Section 6. Section 110.058, Paragraph B of the City Code is amended to read as follows: B. The following shall be grounds for denying the issuance or renewal of a license under this subchapter: a. The applicant is under the age of 18 years; b. The applicant has been convicted within the past 5 years of any violation of a federal, state, or local law, or other regulation relating to electronic delivery devices, tobacco, tobacco products, and tobacco -related devices; c. The applicant has had a license to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices revoked within the 12 months preceding the date of application; d. The applicant fails to provide any information required on the application or provides false or misleading information; e. The applicant has outstanding fines, penalties, fees or taxes owed to the city, City Public Utilities Commission, county, or state; or f. The applicant is prohibited by federal, state, or local law or other regulation from holding a license. 4 Page 94 of 178 Section 7. Section 110.059 of the City Code is amended to read as follows: § 110.059 PROHIBITED SALES. It shall be a violation of this subchapter for any person to furnish, sell, or offer to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices as follows: A. To any minor person under the age of 21; B. By means of a vending machine; C. By means of self-service merchandising; D. By means of loosies; E. Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or F. By any other means, to any other person, or in any other manner or form prohibited by federal, state, or local law, or other regulation. Section 8. Section 110.060 of the City Code is amended to read as follows: § 110.060 VENDING MACHINES. It shall be unlawful for a licensee to allow the sale of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices by the means of a vending machine. Section 9. Section 110.061 of the City Code is amended to read as follows: § 110.061 SELF-SERVICE MERCHANDISING. It shall be unlawful for a licensee to allow the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices through self-service merchandising. All electronic delivery devices, tobacco, tobacco products, and tobacco -related devices shall either be stored behind a counter or other area not freely accessible to customers without the intervention of a store employee. This subchapter shall not apply to retail stores that derive at least 90% of their revenue from electronic delivery devices, tobacco, tobacco products, or tobacco -related devices, and where the retailer ensures that no person younger than 18 21 years of age is present, or permitted to enter, at any time. Section 10. Section 110.062 of the City Code is amended to read as follows: § 110.062 RESPONSIBILITY. All licensees shall be responsible for the actions of their employees in regard to the sale of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices on the licensed premises. The sale of any such item by an employee shall be considered a sale by the license holder 5 Page 95 of 178 and shall subject the license holder to the penalties set forth in this subchapter. Nothing in this subchapter shall be construed as prohibiting the City Council from also subjecting the employee to appropriate penalties under this code, state, or federal law, or other applicable law or regulation. Section 11. Section 110.063 of the City Code is amended to read as follows: § 110.063 COMPLIANCE CHECKS AND INSPECTIONS. A. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging minors over the age of 15 years persons at least 17 years of age but under 21 years of age to enter the licensed premises to attempt to purchase electronic delivery devices, tobacco, tobacco products, or tobacco -related devices. Minors used for the purpose of compliance checks must have the written consent of their parents or guardians and shall be supervised by city designated law enforcement officers or other designated city personnel. Minors Persons used for compliance checks shall not be guilty of unlawful possession of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices when such items are obtained as a part of the compliance check. B. Compliance Check Procedure. 1. No minor person engaged in a compliance check shall use or attempt to use false identification to misrepresent the minor's person's age. 2. Minors Persons_engaged in a compliance check shall answer truthfully all questions about the minor's person's age asked by the licensee or the licensee's employee and shall produce any identification, if any exists, for which minor the person is asked. 3. Nothing in this subchapter shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Section 12. Section 110.064 of the City Code is amended to read as follows: § 110.064 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this subchapter: A. Sales. For any person to sell or attempt to sell or furnish any electronic delivery devices, tobacco, tobacco product, or tobacco -related device to any minor person under the age of 21, B. Possession. For any minor person under the age of 21 to have in minor's the person's possession any electronic delivery devices, tobacco, tobacco product, or tobacco -related device, excluding any minor lawfully involved in a compliance check; C. Use. For any minor person under the age of 21 to smoke, chew, sniff, or otherwise use or ingest any electronic delivery devices, tobacco, tobacco product, or tobacco -related device; 6 Page 96 of 178 D. Procurement. For any minor person under the age of 21 to purchase or attempt to purchase or otherwise obtain any electronic delivery devices, tobacco, tobacco product, or tobacco - related device; for any person to purchase or otherwise obtain any such item on behalf of a minor person under the age of 21; or for any person to coerce or attempt to coerce a minor person under the age of 21 to purchase or otherwise obtain or use any electronic delivery devices, tobacco, tobacco product, or tobacco -related device in a manner contrary to law, excluding any minor person under the age of 21 lawfully involved in a compliance check; E. Use of false identification. For any minor person under the age of 21 to attempt to disguise minor's the person's_true age by the use of a false form of identification, whether the identification is that of another person or 4 one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person; and F. Sampling. For any person to light or smoke tobacco or a tobacco product in a licensed establishment for any purpose, including, but not limited to, the purpose of allowing a customer or potential customer to sample tobacco or a tobacco product, except for the sampling of an electronic delivery device as defined in M.S. § 609.685, subd. 1, as it may be amended from time to time. Section 13. Section 110.065, Paragraph D of the City Code is amended to read as follows: D. Decision. Following the hearing, if the City Council determines by a preponderance of the evidence that a violation of this subchapter occurred, that decision, along with the City Council's reasons for finding a violation and the administrative penalty to be imposed under § 110.999(C), shall be recorded in writing, a copy of which shall be provided to the violator. If the City Council finds that no violation occurred, such finding shall be recorded and a copy provided to the licensee. Section 14. Section 110.066 of the City Code is amended to read as follows: § 110.066 EXCEPTIONS AND DEFENSES. Nothing in this subchapter shall prevent the providing of electronic delivery devices, tobacco, tobacco products, or tobacco- related devices to a minor person under the age of 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a charge of violating this subchapter that the licensee or an employee of the licensee relied in good faith on proof of age in the manner required by state law for the purchase of alcoholic beverages. Section 15. Chapter 110 of the City Code is amended by adding the following section: § 110.068 AGE VERIFICATION AND SIGNAGE. A. Signage. At each location where electronic delivery devices, tobacco, tobacco products, and tobacco -related devices are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or 7 Page 97 of 178 attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age. B. Age verification. At each location where electronic delivery devices, tobacco, tobacco products, and tobacco -related devices are sold, the licensee shall verify, by means of government -issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this section that the person appeared to be 30 years of age or older. Section 16. Section 130.01 of the City Code is amended to read as follows: § 130.01 UNLAWFUL USE AND FURNISHING OF TOBACCO. A. Minor using Unlawful Use. It is unlawful for any person, under the age of 18 21 years old, to use tobacco in any form. B. Furnishing to minors Unlawful Furnishing to Persons under 21 Years ofAge. It is unlawful for any person to furnish tobacco, by any manner or means and in any form, to any person under the age of 21 years old. Section 17. Publication by Summary. The city council determines that publication of the title and summary of this ordinance would clearly inform the public of the intent and effect of the ordinance and therefore directs City staff to prepare a summary to be published in the official City newspaper in lieu of the complete ordinance. Section 18. Effective Date. This ordinance shall be in force and effect upon adoption and publication in the official newspaper of the City in accordance with applicable law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of July, 2020. ATTEST: City Clerk 8 Mayor of the City of Shakopee Page 98 of 178 ORDINANCE NO. 02020-009 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XI, CHAPTER 110 AND TITLE XIII, CHAPTER 130 OF THE CITY CODE RELATED TO TOBACCO SALES AND USE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. The Table of Contents for the Subchapter pertaining to TOBACCO, TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES in Chapter 110 of the City Code is amended to read as follows: 110.055 Purpose 110.056 Definitions And Interpretations 110.057 License 110.058 Basis For Denial Of License 110.059 Prohibited Sales 110.060 Vending Machines 110.061 Self -Service Merchandising 110.062 Responsibility 110.063 Compliance Checks And Inspections 110.064 Other Illegal Acts 110.065 Violations 110.066 Exceptions And Defenses 110.067 Amendment 110.068 Signage and Age Verification Section 2. Section 110.055 of the City Code is amended to read as follows: § 110.055 PURPOSE. A. Policy. 1. The city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess, and use electronic delivery devices,_tobacco, tobacco products, and tobacco -related devices, and such sales, possession, and use are violations of both state and federal laws. 2. Studies have shown that most smokers begin smoking before they have reached the age of 21 years and that those persons who reach the age of 21 years without having started smoking are significantly less likely to begin smoking 3. Smoking has been shown to be the cause of several serious health problems that place a financial burden on all levels of government. B. This subchapter is intended to regulate the sale, possession, and use of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices for the purpose of enforcing and furthering existing laws; to protect persons under the age of 21 against the 1 Page 99 of 178 serious effects associated with the use of electronic delivery devices,_tobacco, tobacco products, and tobacco -related devices; and to further the official public policy of the state in regard to preventing young people from starting to use electronic delivery devices, tobacco, tobacco products, and tobacco -related devices, as stated in M.S. § 144.391, as it may be amended from time to time. Section 3. The following definitions in Section 110.056 of the City Code are amended to read as follows: COMPLIANCE CHECKS. The system used by the city or any other jurisdiction to investigate and ensure that those licensed to sell electronic delivery devices,_tobacco, tobacco products, and tobacco -related devices are complying with the requirements of this subchapter or any state or federal law or regulation. COMPLIANCE CHECKS shall involve the use of persons under the age of 21 as authorized by this subchapter or state law. COMPLIANCE CHECKS shall also mean the use of persons under the age of 21 who attempt to purchase electronic delivery devices, tobacco, tobacco products, and tobacco -related devices for educational, research, and training purposes as authorized by state or federal law. TOBACCO or TOBACCO PRODUCTS. Cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. The term TOBACCO or TOBACCO PRODUCTS excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. TOBACCO -RELATED DEVICES. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. TOBACCO -RELATED DEVICES include components of tobacco -related devices which may be marketed or sold separately. Section 4. Section 110.056 of the City Code is amended by adding the following definition: ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. 2 Page 100 of 178 Section 5. Section 110.057 of the City Code is amended to read as follows: § 110.057 LICENSE. No person may sell or offer to sell any electronic delivery devices,_tobacco, tobacco products, or tobacco -related devices without first having obtained a license to do so from the city in compliance with this subchapter. A. Application. An application for a license to sell electronic delivery devices,_tobacco, tobacco products, and tobacco -related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council. If the City Clerk determines that an application is incomplete, the City Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. B. Action. The City Council may either approve or deny the license, or it may defray action for such reasonable period of time as may be necessary to complete any investigation of the application or the applicant. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to obtain judicial review of the City Council's decision. C. Term. Each license will be issued for a period of one calendar year. If the application is made during the license year, a license may be issued for the remainder of the licensed year on a pro rata basis. Any unexpired fraction of a month shall be counted as a complete month. Every license expires on December 31 of the license year. D. Revocation or suspension. Any license issued may be revoked or suspended as provided for in this subchapter. E. Transfers. A license is valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. F. Moveable place of business. No license may be issued to a moveable place of business. Only fixed location businesses are eligible to be licensed under this subchapter. G. Display. All licenses must be posted and displayed in plain view of the general public on the licensed premises. H. Renewals. The renewal of a license issued under this subchapter shall be handled in the same manner as the original application. The request for a renewal shall be made by the licensee at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this subchapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the licensee to an automatic renewal of the license. I. Fees. No license shall be issued under this subchapter until the appropriate license fee has been paid in full. J. Instructional program. 3 Page 101 of 178 1. No person shall be issued a license or renewal license to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices unless an applicant or license holder has an approved program for instructing all employees regarding the legal requirements pertaining to the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices at the business premises for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices and the law regarding the requirement of purchasers to establish proof of age. 2. No license shall be issued unless the applicant or license holder signs a form attesting that each employee of the applicant or license holder has received training and instruction on the sale of electronic delivery devices, tobacco, tobacco products, and tobacco -related devices and the date such training occurred. The training shall include information that the sale of such products to persons under the age of 21 is illegal, explanation of what proof of age is legally acceptable, and that a sale to persons under the age of 21 can subject the applicant or license holder and their employees to criminal and civil liability. K. Sale by minors. No minor may furnish, sell, or attempt to sell electronic delivery devices, tobacco, tobacco products, and tobacco -related devices unless written consent has been obtained from the minor's parents. Such written consent must include a statement of the potential penalties that can be imposed under this subchapter. L. Proof of age. Any sale of electronic delivery devices,_ tobacco, tobacco products, and tobacco -related devices shall not take place unless the licensee requires any purchaser who appears to be under the age of 30 to establish proof of age by of the methods established by state law for the purchase of alcoholic beverages. Section 6. Section 110.058, Paragraph B of the City Code is amended to read as follows: B. The following shall be grounds for denying the issuance or renewal of a license under this subchapter: a. The applicant is under the age of 18 years; b. The applicant has been convicted within the past 5 years of any violation of a federal, state, or local law, or other regulation relating to electronic delivery devices, tobacco, tobacco products, and tobacco -related devices; c. The applicant has had a license to sell electronic delivery devices,_ tobacco, tobacco products, and tobacco -related devices revoked within the 12 months preceding the date of application; d. The applicant fails to provide any information required on the application or provides false or misleading information; e. The applicant has outstanding fines, penalties, fees or taxes owed to the city, City Public Utilities Commission, county, or state; or f. The applicant is prohibited by federal, state, or local law or other regulation from holding a license. Section 7. Section 110.059 of the City Code is amended to read as follows: 4 Page 102 of 178 § 110.059 PROHIBITED SALES. It shall be a violation of this subchapter for any person to furnish, sell, or offer to sell electronic delivery devices,_ tobacco, tobacco products, and tobacco -related devices as follows: A. To any person under the age of 21; B. By means of a vending machine; C. By means of self-service merchandising; D. By means of loosies; E. Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or F. By any other means, to any other person, or in any other manner or form prohibited by federal, state, or local law, or other regulation. Section 8. Section 110.060 of the City Code is amended to read as follows: § 110.060 VENDING MACHINES. It shall be unlawful for a licensee to allow the sale of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices by the means of a vending machine. Section 9. Section 110.061 of the City Code is amended to read as follows: § 110.061 SELF-SERVICE MERCHANDISING. It shall be unlawful for a licensee to allow the sale of electronic delivery devices,_ tobacco, tobacco products, and tobacco -related devices through self-service merchandising. All electronic delivery devices,_tobacco, tobacco products, and tobacco -related devices shall either be stored behind a counter or other area not freely accessible to customers without the intervention of a store employee. This subchapter shall not apply to retail stores that derive at least 90% of their revenue from electronic delivery devices, tobacco, tobacco products, or tobacco -related devices, and where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time. Section 10. Section 110.062 of the City Code is amended to read as follows: § 110.062 RESPONSIBILITY. All licensees shall be responsible for the actions of their employees in regard to the sale of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices on the licensed premises. The sale of any such item by an employee shall be considered a sale by the license holder and shall subject the license holder to the penalties set forth in this subchapter. Nothing in this subchapter shall be construed as prohibiting the City Council from also subjecting the employee to appropriate penalties under this code, state, or federal law, or other applicable law or regulation. 5 Page 103 of 178 Section 11. Section 110.063 of the City Code is amended to read as follows: § 110.063 COMPLIANCE CHECKS AND INSPECTIONS. A. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging persons at least 17 years of age but under 21 years of age to enter the licensed premises to attempt to purchase electronic delivery devices, tobacco, tobacco products, or tobacco -related devices. Minors used for the purpose of compliance checks must have the written consent of their parents or guardians and shall be supervised by city designated law enforcement officers or other designated city personnel. Persons used for compliance checks shall not be guilty of unlawful possession of electronic delivery devices, tobacco, tobacco products, or tobacco -related devices when such items are obtained as a part of the compliance check. B. Compliance Check Procedure. 1. No person engaged in a compliance check shall use or attempt to use false identification to misrepresent the person's age. 2. Persons engaged in a compliance check shall answer truthfully all questions about the person's age asked by the licensee or the licensee's employee and shall produce any identification, if any exists, for which the person is asked. 3. Nothing in this subchapter shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Section 12. Section 110.064 of the City Code is amended to read as follows: § 110.064 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this subchapter: A. Sales. For any person to sell or attempt to sell or furnish any electronic delivery devices, tobacco, tobacco product, or tobacco -related device to any person under the age of 21; B. Possession. For any person under the age of 21 to have in the person's possession any electronic delivery devices, tobacco, tobacco product, or tobacco -related device, excluding any minor lawfully involved in a compliance check; C. Use. For any person under the age of 21 to smoke, chew, sniff, or otherwise use or ingest any electronic delivery devices,_ tobacco, tobacco product, or tobacco -related device; D. Procurement. For any person under the age of 21_to purchase or attempt to purchase or otherwise obtain any electronic delivery devices,_tobacco, tobacco product, or tobacco - related device; for any person to purchase or otherwise obtain any such item on behalf of a person under the age of 21; or for any person to coerce or attempt to coerce a person under the age of 21 to purchase or otherwise obtain or use any electronic delivery devices, tobacco, tobacco product, or tobacco -related device in a manner contrary to law, excluding any person under the age of 21 lawfully involved in a compliance check; 6 Page 104 of 178 E. Use of false identification. For any person under the age of 21_to attempt to disguise the person's true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person; and F. Sampling. For any person to light or smoke tobacco or a tobacco product in a licensed establishment for any purpose, including, but not limited to, the purpose of allowing a customer or potential customer to sample tobacco or a tobacco product, except for the sampling of an electronic delivery. Section 13. Section 110.065, Paragraph D of the City Code is amended to read as follows: D. Decision. Following the hearing, if the City Council determines by a preponderance of the evidence that a violation of this subchapter occurred, that decision, along with the City Council's reasons for finding a violation and the administrative penalty to be imposed under § 110.999(C), shall be recorded in writing, a copy of which shall be provided to the violator. If the City Council finds that no violation occurred, such finding shall be recorded and a copy provided to the licensee. Section 14. Section 110.066 of the City Code is amended to read as follows: § 110.066 EXCEPTIONS AND DEFENSES. Nothing in this subchapter shall prevent the providing of electronic delivery devices, tobacco, tobacco products, or tobacco- related devices to a person under the age of 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a charge of violating this subchapter that the licensee or an employee of the licensee relied in good faith on proof of age in the manner required by state law for the purchase of alcoholic beverages. Section 15. Chapter 110 of the City Code is amended by adding the following section: § 110.068 AGE VERIFICATION AND SIGNAGE. A. Signage. At each location where electronic delivery devices, tobacco, tobacco products, and tobacco -related devices are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age. B. Age verification. At each location where electronic delivery devices, tobacco, tobacco products, and tobacco -related devices are sold, the licensee shall verify, by means of government -issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 7 Page 105 of 178 30 years of age or older. It shall not constitute a defense to a violation of this section that the person appeared to be 30 years of age or older. Section 16. Section 130.01 of the City Code is amended to read as follows: § 130.01 UNLAWFUL USE AND FURNISHING OF TOBACCO. A. Unlawful Use. It is unlawful for any person, under the age of 21 years old, to use tobacco in any form. B. Unlawful Furnishing to Persons under 21 Years of Age. It is unlawful for any person to furnish tobacco, by any manner or means and in any form, to any person under the age of 21 years old. Section 17. Publication by Summary. The city council determines that publication of the title and summary of this ordinance would clearly inform the public of the intent and effect of the ordinance and therefore directs City staff to prepare a summary to be published in the official City newspaper in lieu of the complete ordinance. Section 18. Effective Date. This ordinance shall be in force and effect upon adoption and publication in the official newspaper of the City in accordance with applicable law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of July, 2020. ATTEST: City Clerk 8 Mayor of the City of Shakopee Page 106 of 178 7.B.1. Shakopee City Council August 18, 2020 FROM: Steve Lillehaug, City Engineer/Public Works Director TO: Mayor and Council Members Subject: League of Minnesota Cities LEAD Academy Public Sector Supervisor Certificate. Policy/Action Requested: Recognition of Shakopee Public Works Employees Ryan Halverson, Micah Heckman and Jamison Theis for completing the League of Minnesota Cities LEAD Academy and earning the Public Sector Supervisor Certificate. Recommendation: Provide congratulations and recognition as requested. Discussion: The League of Minnesota Cities (LMC) has partnered with the Association of Counties, Metropolitan State University, and Sourcewell to offer the LEAD Academy - a Public Sector Supervisor Certificate training program designed to give local government leaders the skills needed to go beyond department work to direct the work that needs to get done. The program consists of 12 workshops including supervisor survival, time to lead, managing up and out, and human resource essentials. This seminar series helps to refine leadership style, transition to leading a department, define the role in human resources, and define the role at an organizational level. Attached is a grid about the building blocks of the LEAD workshops. Over the past couple of years, Shakopee Public Works Department staff including Ryan Halverson, Micah Heckman, and Jamison Theis completed the series and earned their Public Sector Supervisor Certificates. This is a huge accomplishment and only four other city/county individuals have earned this at the St. Paul location. Congratulations! A short video produced by LMC congratulating Ryan, Micah, and Jamie will be shown at the meeting. Page 107 of 178 Budget Impact: Program participation was $1,200 per participant. The cost of this was funded out of the Engineering and Streets Department operating budgets as part of continuing education expenses. ATTACHMENTS: a LEAD Building Block Grid Page 108 of 178 L Learn About Yourself Strengths Based Leadership Channeling Change E Engage Others Positive Communication Leading Stakeh thrnuhi Chan Coaching 101 Getting Past No: Using Negotiation A D Act for Develop the Effectiveness Organization Running a Meeting Leading through Conflict Labor Relations Skills: Understanding Contract Framework. Meeting Customer Expectations Iriflu ncing Encouraging and Developing Others Employee Life Cycle Part 1: Recruit Hire, Onbo rd Creating High - Performing Teams Key Supervisor Survival mini-series H HR Essential mini-series Time to Lead mini-series Managing Up and Out mini-series Workshops not currently offered Page 109 of 178 7.C.1. Shakopee City Council August 18, 2020 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: Planned Unit Development Amendment to Southbridge Crossings East PUD and Preliminary / Final Plat of Southbridge Crossings East 6th Addition Policy/Action Requested: Adopt Resolution No. R2020-097 Approving a Planned Unit Development Amendment to Southbridge Crossings East PUD and Preliminary and Final Plat of Southbridge Crossings East 6th Addition Recommendation: Adopt Resolution No. R2020-097 Discussion: Site Information: Address: 1620 Crossings Blvd Applicant: Shakopee Housing Lot Size: 6.89 acres Proposed Lot Size: 1.71 acres Current Zoning: B-1, Highway Business 2040 Comp. Plan: Mixed Use Center (allows 30-60 units / acre for residential) Proposed Density: 35.7 units / acre The Applicant has applied for a Planned Unit Development (PUD) amendment and preliminary and final plat to allow for the development of the following: • 61-unit apartment building • 4,000 square -foot freestanding retail building • 19,600 square -foot multi -tenant retail building • 27,636 square -foot grocery store The proposed preliminary and final plat under review is only for the 1.71 acre lot for the 61- Page 110 of 178 unit apartment building. The remaining 5.18 acres of the site is a proposed outlot and will require subsequent final plats in order to be developed. Final plats do not require a public hearing and are reviewed by the City Council. Proposed Use: This area is part of the Southbridge Crossings East PUD, which is a Retail Center PUD and is zoned B-1, Highway Business. The B-1, Highway Business zone allows for both multiple - family residential development and retail stores. The proposed uses all comply with the B-1 Zone and the Mixed Use Center designation of the 2040 Comprehensive plan. The proposed density for the apartment building is 35.7 units / acre, which is within the allowable range in the comprehensive plan. The previous PUD amendment did not include multiple -family residential development, so a PUD Amendment is required. One of the goals of the comprehensive plan is supporting multiple -family residential development near transit, this site is less than 1/4 mile from the Southbridge Transit Station. Building Design: The proposed apartment building is five levels, four levels of dwelling units above a one - level parking garage. The parking level is near the existing grade because of the high water table in this area. The proposed building height is approximately 58' at the top of the parapets, which is approximately 3' below the height of the Trio buildings north of this site. The exterior of the building is two colors of engineered wood siding, three colors of decorative concrete block, and brick (see attached architectural plans for elevations). The proposed unit mix of the building is: • 1-Bedroom Units: 14 units • 2-Bedroom Units: 24 units • 3-Bedroom Units: 23 units Staff has provided comments to the applicant regarding minor changes to the exterior elevations to bring the building elevation into compliance with the materials and design standards. The proposed changes are: • Adding an additional parapet in the center of the building • Adding additional dark burnished block accents at the parking garage level to match the intervals of the other dark block accents. • Increasing the height of the burnished block to the 3rd level on building corners. • Adding additional treatment to top of the corner parapets Page 111 of 178 Based on the applicant's narrative, the proposed apartment building is for residents earning up to 60% of the Area Median Income (AMI), which is $62,000 or less annually for a 4- person family in Scott County. The proposed development has secured eight vouchers for veterans, so a minimum of eight units in the building would be dedicated for veterans that meet eligibility requirements. The City of Shakopee is a participant in the Met Council Livable Communities program, which gives the eligibility to receive grant funding as part of the program. At the beginning of July, the City of Shakopee submitted a Livable Communities Transit -Oriented - Development Grant (TOD) application to the Met Council for this development because of the proximity to the Southbridge Transit Station. It is expected that residents of this development would be employed at the surrounding businesses like Home Depot, the future grocery store, McCoy's Copper Pint, or use transit to destinations served by the Southbridge Transit Station to Downtown Minneapolis. The proposed grant application is to help fund improvements to the existing pedestrian facilities in this area, additional sidewalks / trails, an art walk, bike maintenance stations, and a pedestrian pavilion. The proposed grant application has passed the initial screening review. Subsequent reviews are currently under way, with a final decision expected later in August or early September. Goals of the TOD development are to integrate transportation, jobs and housing, leverage private investment, advance equity, and increase transit ridership. The project can move forward as presented without the grant. The grant is for additional enhancements. Parking / Circulation: The required parking for the proposed apartment development is 121 spaces. The applicant is proposing to provide 106 parking spaces dedicated to the apartment building. The Southbridge Crossings East PUD allows for shared parking, so parking spaces adjacent to the retail areas would be available to the residential units. The applicant has developed many multi -family developments all over the Midwest and is confident that the amount of dedicated parking provided is adequate for their use. Since additional parking is available to residents just beyond this site and with the close proximity to Southbridge Transit Station, staff is comfortable with the amount of proposed parking, since by including shared parking spaces the amount far exceeds the requirement. Staff is requiring that additional landscape islands be added to comply with City Code requirements of one island per ten parking spaces. Staff is also requiring the addition of a sidewalk to the large island at the north side of the site to connect the freestanding retail building to the grocery / theater. Staff is also requiring that the grocery building be separated from the retail building to allow for residents to walk between the buildings. Page 112 of 178 The applicant will need to revise the location of the trash enclosure to limit garbage trucks from backing up into the main entrance drive. Other Review Comments: Comment memos received from Shakopee Public Utilities and the Engineering Department are attached to this report. Specific site design comments from the Engineering Department relate to vehicle circulation for garbage trucks for trash. The applicant has been provided redlined plans and revisions have been requested. Planning Commission: The Planning Commission held a Public Hearing and reviewed the project on August 6, 2020. The Commission recommended that Council approve the project by a vote of 6-0. Budget Impact: N/A ATTACHMENTS: o Location Map o Applicant Narrative • Applicant Cover Letter o Proposed Development Plans/ Preliminary Plat Drawings • Preliminary Architectural Drawings o Final Plat Drawing • Traffic Study • Engineering Department Comments o SPUC Comments • R2020-097 Page 113 of 178 1Ilpi m,,mmMMmlllulu 111111111110,,q11111111,11,11,11111111 1 uu uuum 1 111MM'MMM'WW uum 11, y01 ,t1g4i4 11111,,111 II II' iliI1111��iV�jA� uuuluul 'M1 I1I11uuuu1111u1I 1Vlduuim uuuuuluu VIMIV uuuMIMMMMMMMNh uuuuuuuu VIUI111ii111'iiiy N"um 1gg., gI 1 Itl',111111li :01Mtiw 1111 111 �y1Id11IM "I100y �ol �IIIII 0� y' (lol �wolil 11 11'I1 g'IliO lI��"'' I II IIIIIIIIRIi1IP111j'1.1,g l SOUTHBRIDGE CROSSINGS MIXED USE DEVELOPMENT DEVELOPMENT NARRATIVE Application Summary Shakopee Housing Group, LLC and Shakopee Crossings Limited Partnership request a PUD Amendment for Outlot A of Southbridge Crossings East Fifth Addition for a proposed mixed -use development. The proposed development will include a 27,636 SF small box grocery, 61-unit multifamily building, a 4,000 SF outlot retail building, and a 19,600 SF retail strip style building. Along with the PUD amendment, the site will be re -platted into two lots to allow for the phased development which will include Lot 1 for the housing and the remaining portion of the site will temporarily be Outlot A covering the grocery and retail building. As the grocery and retail developments are further developed, there will be additional platting applications. Mixed Use Concept Southbridge Crossings is a 700,000 square foot, open-air regional shopping center located on the south side of Highway 169 at County Road 21. It is a regional destination with daily drive -by traffic averaging more than 60,000 cars per day. The lifestyle center is home to many restaurants, shopping, transit, services and entertainment. Mixed use developments have many community benefits including encouraging development within a more compact footprint and creating pedestrian -friendly environments with short distances between living, work and commercial destinations. The approved PUD will provide this mixed -use concept to combine the existing commercial development with new housing along with new commercial uses including grocery and retail services — all within a short distance of transit. The proposed development is also compatible and well -matched with the surrounding land uses and provides for a zoning transition from retail and commercial uses, to high -density multifamily, to medium -density multifamily and finally to single family housing. Additionally, the development will create additional housing within walking distance of the Southbridge Crossings Park & Ride which will provide more opportunity for expanded growth and use of public transportation while creating a connection from the transit station to retail and neighborhood businesses. Much of the infrastructure for the development is already in place including the roadway network to accommodate the new development. The Southbridge Crossings area is part of an AUAR Environmental review document completed in 2001 for the future build -out of this area which included an extensive traffic study of the local and regional roadways. The June 8, 2020 traffic study by Swing Traffic Solutions concluded that the proposed development will generate less peak hour traffic than initially anticipated for the area and has appropriate access to the site and to the existing surrounding roadway network. In other words, the roadway network serving the proposed development will function well with the addition of the Southbridge Crossings Mixed Use development. Commercial — Grocery & Retail Strip Center The grocery market is every changing following on the heels of "super -stores" from mega -chains such as Wal-Mart, Target and Costco. The grocery super -store landscape has become hyper competitive with main focuses on low -price models. The small grocery concept which provides specialty products is finding a strong niche in the grocery market. These smaller stores, including co-ops, promote sustainable agriculture, support local makers, sustain communities, and protect the planet. Page 115 of 178 SOUTHBRIDGE CROSSINGS MIXED USE DEVELOPMENT DEVELOPMENT NARRATIVE Up to the COVID-19 emergency, Shakopee Crossings Limited Partnership was in negotiations with a specialty grocery for the proposed building and the current design is based on those negotiations. In addition, discussions took place with a number of potential tenants of the retail center. Since COVID-19, there has been a pause in new retail development so the exact timing of these components is not yet defined. Because markets are cyclical and commercial demand at this location exists, we anticipate this moving forward within the next couple of years — potentially late 2021 or early 2022. Multifamily — Core Crossings The Southbridge Crossings Mixed Use development is consistent with Envision Shakopee. The proposed multifamily, Core Crossings, will be a workforce housing development that will provide housing opportunities for employees of Shakopee businesses along with units designated for Veterans. The adoption of Envision Shakopee was a concerted effort between the City and the community to create a clear vision and blueprint for City planning over the next 20 years. The planning process included community engagement to ensure the final plan represented community aspirations. The Plan includes strategies for physical connections such as streets, trails and parks and housing options that are attainable for the average family. As part of the City's 2040 Comprehensive Plan for diversity in its housing base, the city approved Resolution No. R2019-56 in support of Core Crossings at this location. Core Crossings is being developed by an affiliated entity of Sand Companies, Inc. (Sand). Sand has earned a reputation for professionalism, thoroughness and proven results. Since inception in 1991, Sand has successfully completed 86 multifamily housing developments (4,338 units), 31 hotels (2,594 guest rooms), 19 commercial projects, 6 residential subdivisions (239 lots) and various other projects. Sand also manages over $400 million in assets including 44 residential housing developments (1,933 units), 18 hotels (1,762 guest rooms) and 5 commercial/restaurant/conference facilities. Sand has a long standing of successful multifamily in Shakopee. It developed Boulder Ridge Townhomes in 2000 and Boulder Ridge Townhomes II in 2003 (affordable projects). Sand still owns and manages Boulder Ridge today and is currently finishing a $1.3M renovation of Phase I. Most recently, Sand developed TRIO at southbridge (luxury market project) which includes a 100-unit first phase with build - out plans for an additional 244 units. Core Crossings will consist of 61 units in a four-story building with ground level, enclosed parking. Because of a concern for a high-water table at the site, the covered parking will be at ground level. The unit mix will include 1, 2- and 3-bedroom apartment homes with in -unit laundry, individually -controlled heating and cooling and private decks. Core Crossings will be a 100% smoke -free building and will incorporate design features for Enterprise Green Communities and Universal Design. The property will have an on -site manager, elevator, secure access, heated parking garage, community room, fitness room, and outdoor children's play area. Core Crossings will be an affordable development will all units serving residents and family with incomes at 60% or less of area median income (currently $62,000 or less for 4-person family in Scott County). The focus of this housing will be to meet the significant housing needs of the Shakopee generated by the increase in people moving to the area for jobs, new and expanding employers, proximity to Page 116 of 178 SOUTHBRIDGE CROSSINGS MIXED USE DEVELOPMENT DEVELOPMENT NARRATIVE Minneapolis/Saint Paul, and the increasing housing costs in the area that place financial burdens on many households in the area. In addition, Core Crossings has secured eight rental vouhers from Metro HRA for Veterans. Though they differ in age, gender, and experience, all, as Veterans, face similar obstacles to finding affordable housing. These obstacles often come on top of already trying conditions for ex -service men and women, such as post -traumatic stress disorder and the difficulty of adjusting to life outside the military. To assist our Veterans with these housing challenges, Core Crossings will have eight units designated for Veterans. Funding for affordable housing is extremely competitive in the Twin Cities. Core Crossing was awarded funding in the fall of 2019 from the Minnesota Housing Finance Agency along with a low interest loan from the Scott County CDA. With the approval of the PUD amendment, Core Crossings plans to start construction in late 2020 with an anticipated opening in late 2021 or early 2022. Livable Communities Transit -Oriented Development The Livable Communities Transit -Oriented Development (TOD) grants are a category within the Met Council LCDA program which funds innovative development projects that efficiently link housing, jobs, and services with a greater emphasis on transit use, walkability, and development intensity in order to catalyze transit -oriented development along transit corridors throughout the metropolitan area. TOD projects diversify uses and provide a higher concentration of amenities in a compact built environment within transit station areas contributing to high -quality, pedestrian -oriented streets and public spaces encouraging the use of transit service. The focus on transit -oriented development aims to integrate transportation, jobs and housing, leverage private investment, advance equity, and increase transit ridership. On July 1, 2020, the city submitted a LCA TOD grant application to the Met Council which, if funded, will offer local enhancements that will coincide with the Southbridge Crossings Mixed Use development. Some of the enhancements will include pedestrian improvements for the neighborhood including an artwalk connecting the park and ride to the Southbridge Crossings mixed -use development, additional sidewalks, trails, traffic enhancements, bike stations and a pedestrian pavilion. Page 117 of 178 Shakopee Housing Group, LLC 366 South 10th Avenue Waite Park, MN 56387 Shakopee Crossings Limited Partnership 8710 Old Carriage Court North I Suite 210 Shakopee, MN 55379 July 2, 2020 City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Re: Southbridge Crossings Mixed Use Development. PUD, Preliminary and Final Plat Applications. Dear City of Shakopee: Shakopee Housing Group, LLC and Shakopee Crossings Limited Partnership are pleased to present the enclosed applications for a Mixed Used Development at the Southbridge Crossings. The application includes a PUD amendment and Preliminary/Final Plat for a phased development including a 27,636 SF small box grocery, 61-unit multifamily building, a 4,000 SF outlot retail building, and a 19,600 SF retail strip style building. Mixed use developments have many community benefits including encouraging development within a more compact footprint and creating pedestrian -friendly environments within short distances between living, work and commercial destinations. The approved PUD will provide for this mixed -use concept of combining existing commercial development with housing along with new commercial uses including grocery and retail services — all within a short distance of transit. The proposed development is compatible with the surrounding land uses and provides for a zoning transition from retail and commercial uses, to high -density multifamily, to medium -density multifamily and finally to single family housing. Additionally, the development will create additional housing within walking distance of the Southbridge Crossings Park & Ride which will provide more opportunity for expanded growth and use of public transportation while creating a connection from the transit station to retail and neighborhood businesses. Prior to COVID-19, Shakopee Crossing Limited Partnership was in final discussions with the grocery provider and a number of potential retail tenants. Since COVID-19, there has been a pause in new retail development so the exact timing of those components is not yet defined. As markets are cyclical and commercial demand at this location exists, we anticipate this moving forward within the next couple of years — potentially late 2021 or early 2022. The housing component is ready to proceed toward construction in late 2020 with opening at the end 2021 or early 2022. We appreciate the City's consideration of our applications and we look forward to moving it forward. Sincerely, Shakopee Housing Group, LLC Shakopee Crossing Limited Partnership Page 118 of 178 NOI1100V H19 1SV3 SDNISSO29 3901i19H1flOS I- v) W in 2 w z z in w Ow fie o U W z cn W O > Q — m — w/ — (/)� li Q = o� � ao D oO �Ico � Page 119 of 178 PREPARED FOR: SHAKOPEE HOUSING GROUP, LLC SHEET INDEX r x a a 0 a 0 0 zz PHONE: 320-202-3100 EMAIL: MSCARR@SANDCOMPANIES.COM PREPARED B PROJECT NUR PROJECT NUMBER: 0026846.00 CONTACT: NICHOLAS T. 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II IIIII II o II II IIII III II INII al '11111 1111IIIIIII11111111u111171111111111?1111111" II1111111111iiii1111II111111111IIIIIII 014 ImIIIIIR111011i IIIIII 911 „ 1111. 111u1 '•" hmfil union IIIIIIIIII IIIIIIIIII IIIIIIII IIIIIIIII j BIIIIIIIIII IIIIIIIIII IIIIIIII IIIII III. II II III.II A 1I-I- 11111911111111111111111111111 111111111111111111111 0_ IIIIId11I1IIIIIIIIJII111111IIIIIIIIIIIIII IIIII111IIIII )1InaJ8rV •Wd 00:171:17 OZOZ/£Z/9 Of SOUTHBRIDGE CROSS 0 c) cC b cC N N N N N N 3'� rf Swin July 2, 2020 LA ST.S Traffic Sc To: Jamie Thelen, Shakopee Housing Group, LLC Steve Soltau, Shakopee Crossings, LP From: Vernon Swing, PE cations Re: Trip Generation Study — Core Crossings Mixed Use, Shakopee, MN Per your request, Swing Traffic Solutions, LLC has conducted a trip generation analysis for the proposed Core Crossings Mixed Use Development in Shakopee, MN, which will include a 61-unit mid -rise apartment building, a 27,636 square foot grocery store, a 4,000 square foot retail outlot with a 19,600 square foot retail strip style shopping center. The proposed mixed use development is located within the Shakopee Crossings Development. The Shakopee Crossing area is part of an AUAR Environmental review document completed in the early 2001, which included an extensive traffic study of the local and regional roadways. The AUAR considered development occurring in 7 distinct subareas (see attached Figure reproduced from the AUAR Traffic Study). The proposed Core Crossings Mixed Use site will be located in the subarea identified as Northeast, which also currently includes a Home Improvement Store, a Multi-Plex Theatre, a Coffee and Bagel shop, McCoys Copper Pint sit-down restaurant, a Park and Ride lot, a church, and a planned 365-unit mid -rise apartment complex, of which 100-units are currently built. This memorandum identifies the anticipated site generated traffic for the proposed use combined with the current uses, and compares the findings with the anticipated traffic forecast for the Northeast subarea as document in the Shakopee Crossings AUAR. Trip Generation The trip generation for the proposed Core Crossings development has been estimated based on the methodology described by the Institute of Transportation Engineers (ITE) in Trip Generation, 10th Edition. Further, different developments generate trips with different purposes, for example an office development generates trips that are destined to the office while a convenience store generates trips that are on their way to a primary destination, but stop as they are passing by for gas or convenience items making trips referred to as pass -by trips. Or shopping centers with restaurants, banks and large retail anchors generate trips individually that they share with the neighboring developments. In other words, a visitor to Home Depot may also visit the coffee outlot and eat at the bagel restaurant outlot. The Core Crossings Mixed Use includes a mid -rise apartment which corresponds with ITE Land Use Code 221, a grocery store which corresponds with Land Use Code 850, and a strip retail shopping center (including the 4,000 square foot retail outlot) which corresponds with Land Use Code 820. Also, to be consistent with the Shakopee Crossings AUAR, the trip generation estimates have been adjust for shared traffic at a rate of 20 percent, and for pass -by traffic for the retailers at a rate of 20 percent. Table 1 summarizes the findings. 1'Page Core Crossings Mixed Use, Shakopee Page 144 of 178 S_)..S Swing Traffic Solutions Table 1 Trip Generation Mid Rise Apartments 221 6 Trips 16 " Trips 16 i4 Trips 11 Trips AIli 332 Trips Grocery 850 63 Trips 42 Trips 130 Trips 125 Trips 2,950 Trips Retail Strip and Outlot 820 14 Trips 8 trips 43 Trips 47 Trips 891 Trips SUBTOTAL 83 Trips 66 Trips 189 Trips 183 Trips 4,173 Trips Shared Traffic Adjustment -17 Trips -13 Trips -38 Trips -37 Trips -835 Trips Pass -by Traffic Adjustment -15 Trips -10 Trips -35 Trips -34 Trips -768 Trips TOTAL Net Trips 51 Trips 43 Trips 116 Trips 112 Trips 2,570 Trips As shown in Table 1, the site is estimated to generates 51 net entering and 43 net exiting trips during the morning traffic peak, 116 net entering and 112 net entering trips during the afternoon traffic peak hour, and 2,570 net trips per day. To compare these estimated trips with the trips forecast for the Northeast Area, it is first necessary to include the trips associated with the other developments in the Northeast Area. As mentioned above the Northeast Area is partially developed including: A Home Improvement Store, a Multi-Plex Theatre, a Coffee and Bagel shop, a restaurant, a Park and Ride lot, a church, and a 100-unit mid -rise apartment complex (as 365 units are planned in the ultimate build -out the total for 365 unit trips are assumed). Table 2 summarizes the trip generation for the existing land uses based again on the ITE methodology. It is noted the coffee and bagel shop and McCoys Copper Pint are considered restaurants and per the AUAR their pass -by trip adjustment is 37 percent. Table 2 Trip Generation Home JJ Willi mprovement %%, fll, ( Store ) .. d�'fill k*Elf 862 f 107 Trips r t 81 Trips 162 IIIIIIh ratastir Trips n��1 182 Trips / i I11� II u 3,689 Trips Move Multiplex 445 n/a n/a 30 Trips 50 trips - Coffee/Bagel 937 106 Trips 103 Trips 51 Trips 51 Trips 1,928 Trips Quality Restaurant 931 - - 26 Trips 13 Trips 419 Trips Park and Ride Lot 90 166 Trips 44 Trips 54 Trips 161 Trips 1,408 Trips Mid Rise Apartments 221 34 Trips 97 Trips 98 Trips 63 Trips 1,986 Trips SUBTOTAL 413 Trips 325 Trips 421 Trips 520 Trips 9,430 Trips Shared Traffic Adjustment -83 Trips -65 Trips -89 Trips -106 Trips -1,957 Trips Pass -by Traffic Adjustment -61 Trips -58 Trips -54 Trips -71 Trips -1,504 Trips TOTAL Net Trips 270 Trips 202 Trips 278 Trips 343 Trips 5,969 Trips The proposed Core Crossings Mixed Use development combined with the existing uses in the Northeast Area results in 321 entering trips and 245 exiting trips during the morning traffic peak hour, 394 entering trips and 455 exiting trips during the afternoon traffic peak hour and 8,539 daily trips. The AUAR anticipated different land uses for the Northeast area, including a 600,000 square foot corporate campus, 120 townhomes, and a 150,000 square foot general office building. These uses had 2lPage Core Crossings Mixed Use, Shakopee Page 145 of 178 J7� , STS Swing Traffic Solutions very intense peaking characteristics which required the roadways serving the area to be built with additional lanes in each direction to accommodate the anticipated demand. The adjust trip generation reported in the Shakopee Crossings AUAR was 845 trips entering and 109 trips exiting during the morning traffic peak hour, 141 trips entering and 776 exiting trips during the afternoon traffic peak hour, and 5,719 daily trips. In other words, the roads were built to accommodate 845 inbound trips and 776 exiting trips so the land uses studied could be successful. The current land uses combined with the proposed Core Crossings Mixed Use development will generate less traffic than has been planned for during the critical traffic peak times. Therefore, the existing roadway network has sufficient capacity to accommodate the proposed development. In conclusion, the development will generate less peak hour traffic than initially anticipated for the area and has appropriate access to the site and to the surrounding roadway network. In other words, the roadway network serving the proposed development will function well with the proposed addition of the Core Crossings Mixed Use development to the Shakopee Crossings area. Please contact Vernon Swing at iini „1 urv1lf( i „u )1Gu ti . rn.. or 612-968-4142 with any questions. 3lPage Core Crossings Mixed Use, Shakopee Page 146 of 178 4IPage ST S Swing Traffic Solutions Core Crossings Mixed Use, Shakopee Page 147 of 178 AM PEAK HOUR 'T Land Use 'orporate Campus Townhomes 7' lice ut Townlam es Retail Ade ST S Swing Traffic Solutions TABLE 1 P GENERATION FOR SHAKOPEE CROSSINGS Pass -by Net New In Out In Out Internal Size In Out In Out 6 00, l/t7.() sq. ft 82062 164 12 120 Units 10 43 2 9 50,000 sq ft. 227 31 45 6 1057 136 211 27 '14;,./ ,4,4, ,,,, , A; ;,',4,4,4 A • ,, , : , 4;v0,:e, 360 Units 29 I 30 6 26 ' 1 50,000 sq. ft. 95 6 1 19 12 124 191 38 14,14ii.CM%%„, . O,../e67 Townhomes Retail Pharmacy w/ Drive -up • School Northw Flome Improvement Discount Superstore Gas ank,Mi Hotel Fast Food Restaurant t e or w Daycare 'Bank Gas/Co n v iene nee Retail ,,•/i'///,/7/7 14 Units 7,000 sq. ft. 1 8,000 sq. ft 700 Students 7/111,1/ 15,000 sq., ft 225,000 sq., ft. 12 VFP *'Y,,44,:rlyAMT• Lot' „,v,v,OV 14:;;,16,4•14/4.4 • 70 Rooms 4,000 sq, ft 8,000 sq, ft 12,000sq.. ft. ax;wdathLuo. iwr"'oefCgOologw;,r,pso,;,, 12,500 sq„ ft„. , 00 sq. ft„ 12 VFP 4.1100 sq. ft nthw 4oll"v",,k1;1 ,7417!yrrifireTAKko Retail 68,450 sq,ft 5 IPage 9 4 27 120 160 211 60 379 Wrgrr, 27 I 02 87 8 84 29 60 34 07 43 41 3 21 83 148 203 6,0 355 eiggrrm WSW; 20 8 I I 5 4 24 17 32 30 ''r5594) 22 18 42 41 12 12 76 71 new/9474/ Atka daaii 5 4 98 20 20 80 5 203 ',Ua„•4;,,11,1 ':,=t • 75 0 0 0 0 0 23 19 12 57 19 12 :/7,7:7'71571„P 0 1 8 6 0 0 7 42 30 94 41 30 89 210 16111P5r,,fl 17,25,7,7 ay, 0 22 41 39 41 • 49 35 25 109 7 33 3 2 14 10 96 67 120 1 12 65 5.5 I 27 I 22 18 18 195 16 39 17 16 26 24 43 40 2 I 2 1 5 3 44 41 69 111 98 22 6 60 12 12 30 22 7 4 7 179 42 , 35 60 z:Atzargi ' ktL„,tds/t2,45,,n4%..,//1i7,.., 28 9 6 9 28 9 6 9 2194 1240 4, Aoro ripprer WM74,40 ofrori,o,o'o, --o-w-foreowmrsoo,vf. 144cfaargda,„,,,,i 'agadoomobhoo4w,,w. 15 17 15 51 45 4 6 4 17 II 30 18 18 4 6 60 231 Core Crossings Mixed Use, Shakopee 20 13 6 26 17 26 760 Page 148 of 178 11) ST S Swing Traffic Solutions h PM PEAK HOUR TRIP GENERATION FOR SHAKOPE EE CROSSINGS nd Use Ot Corporate 3 wnhnses Office h o m s n s ! Interim Sine In Out In Out ete,,naloeurutzenue ;,,eetuu-e""enteun en:nee-tea s tar:a 6001100 „ „ ft 120 tinits 150RX sq„ft eeemeree e,ere4r r0eeere eleedeeee 364: Units 15 $1 92 74:2 18 148 42 23 I 42 205 I 176 970 ;lunar* ;,eee I 26 68 3 14 4018 T onathmen I 34 Units 40 22 Pharmacy w privreu Sc hoot „ mut311113417111108 nentatettiette uentent 1Discou5t Superstore !Gas 1II 1astood, uterant Daycare Rank GanICouvernence Weed*: Retail Total 7„000 sq 8, „ :X) 8q,ft 90 Students 1"70 Rooms 4,000 sq„ 18,, sq„ft 12,000 set, ft.. 8,450 sq„ ft„ 15 16 92 95 77 91 224 224 ereAreer arm, 182 205 421 438 80 80 723 eiegete 24 25 73 ei4 1 7 78 25 27 236 194 eyeeeeee0,,, ve„,e0eer, eeeeeeeeee 78 87 63 80 8 5 8 41 34 394 -99,9r3e08483,0r „x3e0e000,00,00i. 25 14 63 68 82 8 3 3 18 19 5 18 44 44 eeme5-$106656 36 41 84 8$ 16 16 134 145 00;1 20 0,0300,00—ee 5 43 14 13 23 16 5 47 39 /1;5 ;„11511'i 6 (6, 63 12 80 16 123 23 331 3361 ,,eeereee0r0ReF 143 155 43 unent IRessotay In Out :::nuttenuntnetR 0 3 0 0 0 0 0 eatetten:;„tu-aete„ 0 0 63 68 68 00300,0,330. 0 0 3 3 28 29 0 0 311 32 .56e6ee:yeere 36 41 84 40 28 3 5 5 551,1151151 00,550110' 13 12 3 1.3 414:1 40 23 25 91 95 e„Aeeeeetee„ eede,eeaeee 29 29 14327 445 36 442 88 40 169 Net New In Out 73 594 14 18 34 164 141 776 - ,5555$5,,e$;$5:51eret ',2tieeeeez„weeeee";eeeee 101 34 389 2 258 32 37' 9 46 62 149 /747'7 10 18 73 148 23 253 26 3 24 24 386 410 0 I 9 26 28 26 23 59 39 5 33 16 121 1411„ 11251e -6,„6„ 5E$51, 47 52, 36 38 24 24 68 "74 175 188 11' 1545151'5 111-15501 e„ 6,„„ere 66$6$65(e$6 86 93 6 93 449 33 1974 6IPage Core Crossings Mixed Use, Shakopee Page 149 of 178 ST S Swing Traffic Solutions TABLE 3 DAILY TRIP GENERATION F land Use Corporate Campus rtaronnhoines Office wwwwwia, Townhomes venhostms Retail Pliarmacy * Drive -up SC, VI „ 1m ft 1 20 Units 1 506681 sq. tt, ,ww Wf1WW'',/YY,W WMW' 0.14/wwwWW.WI41140I454 IWAlo.W4 164 U nitS 1 ,50,(11X) „, 0 Home Ira „ Discount Superstore Gas Hotel Fast flood Rematrant . Retail ;11111.11111:1iZtidatals Daycare Bank GasiConventence Retail 10 tat Ratan 110,31 1 14 U nits 7,0 :1 sq. ft 1180U( sqft 700 Stu Its, 135,000 sq„ 2135.18 12 \P Aximpen "4r 7 0 RO 4,000 sq„ ft, /07f715;i 1 24) sq,„ft 6, , 0 sq„.ft 12 VTR 54600 ft xrc; 68450 sq„ Gross sasoss t,,ssissass 4632 703 1812 71147 10 6438 8548 4 3' 1.0,566 1°951 17251 "vanir 4.46,44 52,4 191 2146 515 .1 69 12E111111,011? 991 8.54 1953 2.3 18 6116 pm.vi '"v,464.4«40 2938 0 0 WIrW 1288 S.Sats.1164 134 0 60 317 476 143 0 654 536 1PF POPr rrMat'pt d4 946 '946 21 13 2 1 13 391 977 .3450 4034 7.5um ooTropoolverfl good/ woe oogokozgoak00000 794 704 103 AKOPEE CROSSINGS imperial Passsb I4ott PARTTNN 3,401% rom— look L0000hoidoitor 926 141 362, 1429 `.1acikidiat 2ift‘gk 422 1288 1710 ,"movori, 397 46,9 103 „ 4 t 171 391 122,4. '171717111' ',F)11;11r711'1174 1711"f" 588 588 103'645'6 61iss141/11/1416ys1 198 171 977 464 1819 49 9 3706 563 1450 5719 1688 3863 5551 534 150 793 571 2978 01,13311,21773136111177 ,SKai weawiwordkwa, 28119 61401 556 9765 171 309 2776 /ssyszstsprost646 ta,Zditit kik 594 512 586 1391 3983 11131 1763 63 7IPage Core Crossings Mixed Use, Shakopee 35 Page 150 of 178 City of Shakopee Memorandum TO: Kyle Sobota, Senior Planner FROM: Micah Heckman, Project Engineer SUBJECT: Preliminary and Final Plat — Southbridge Crossings East Sixth Addition CASE: SH102076 DATE: July 29, 2020 The staff review indicates a request to review a Preliminary Plat and Final Plat application for the Southbridge Crossings East Sixth Addition. Southbridge Crossings East Sixth Addition is located west of Crossings Blvd, north of Grove Place and south of Hansen Ave. This review should be considered preliminary, as more comments will follow with additional submittals. However, the Public Works Department offers the following comments at this time to the applicant and to the planning department: The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Plan review and plat review red -lined comments are attached to this memo and must be addressed and approved by the City Engineer. 2. Refer to Shakopee Public Utilities comments for watermain. 3. Pay all applicable fees/charges listed below, as required by the most current City of Shakopee Fee Schedule. • Trunk Storm Water Charge • Trunk Sanitary Sewer Charge • Storm Water Management Plan Review Fees 4. Submit a turning movement diagram that shows accessibility for fire and garbage trucks throughout the proposed development. 5. Easements will be shown on the Final Plat as approved by the City Engineer. 6. At a minimum, obtain conditional approval of the development's storm water management plan. H:\Development\Core Crossing (Southbridge Mixed Use)\Project Management\Letters and Memos\Staff Review\FP Review (Southbridge Crossings E Sixth Addn) 071720.docx 1 of 2 Page 151 of 178 7. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. The following items need to be addressed/completed prior to approval of a grading permit, a street and utility plan and/or a building permit: 8. Pay the Trunk Storm Water Charge, as required by the most current City of Shakopee Fee Schedule. 9. Obtain final approval of the subdivision's storm water management plan. 10. A Lower Minnesota River Watershed District permit is required. 11. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of the permit must be provided to the city. 12. Grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as -built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 13. Submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 14. Submit a Utility Facilities Easement Agreement. The document must be recorded with Scott County. 15. The contractor must submit a Construction Management Plan to the city prior to any construction activities. 16. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans need to be certified and submitted to the engineering department. Provide a letter from the engineer of record certifying all improvements were constructed per approved plans and under the direct supervision of the engineer of record. Recommendation The Public Works Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. H:\Development\Core Crossing (Southbridge Mixed Use)\Project Management\Letters and Memos\Staff Review\FP Review (Southbridge Crossings E Sixth Addn) 071720.docx 2 of 2 Page 152 of 178 o SHAKOPEE PUBLIC UTILITIESCOMMISSION EllnInInInINIIIMMMOIMMOIMMI1V010110101101011 uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuNoomNomNomNomuoommuuuuoomNNNomNuuuoommuuuuooummmmmmmmmmmmmmmNNN "Lighting the Way - Yesterday, Today and Beyond" MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: Final Plat and PUD Amendment for Southbridge Crossings East Sixth Addition — 1620 Crossings Boulevard CASE NO: SH-102075 and SH-102076 DATE: 7/29/2020 COMMENTS: Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspections costs, granting any necessary easements, paying the Trunk Water Charge, and paying the Water Capacity Charge. Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions. These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees. Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. Post Office Box 47( 255 Sarazin Street .Nu Shakopee, Minnesota 55379-047O (952) 445-1988 (952) 445-7767 www.shakopee utilates,com Page 153 of 178 RESOLUTION NO. R2020-097 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT OF SOUTHBRIDGE CROSSINGS EAST PUD AND THE PRELIMINARY AND FINAL PLAT OF SOUTHBRIDGE CROSSINGS EAST 6' ADDITION WHEREAS, Megan Sand Carr, applicant, and Shakopee Crossings Limited Partnership, property owner, has made application for an amendment to the Planned Unit Development of Southbridge Crossings East; and WHEREAS, the property upon which the request is being made is legally described as: Outlot A, Southbridge Crossings East 5th Addition, and WHEREAS, on March 18, 2003, the City Council of the City of Shakopee approved Resolution No. 5858, approving the Planned Unit Development of Southbridge Crossings East; and WHEREAS, the Planning Commission of the City of Shakopee did review the amendment to the Planned Unit Development on August 6, 2020; and WHEREAS, all required public notices regarding the public hearing for the Planned Unit Development Amendment were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council of the City of Shakopee did review the amendment to the Planned Unit Development on August 18, 2020 and adopted the following findings: Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.1: The comprehensive plan guides the area for mixed use center development, the proposed uses all comply with the Mixed -Use Center designation and the B-1, Highway Business zone. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Page 154 of 178 Finding No. 2: The proposed deviations relating to side yard setbacks and building height are compatible with the surrounding land uses. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: No changes are proposed in regard to landscaping, open space, or screening. The amount of vehicle trips generated by residential development are anticipated to be lower than if this site were developed as solely commercial space. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: This proposal does not affect the overall density of the development of the site, the proposed residential density is at the low end of the allowed density by the comprehensive plan, and the amount of impervious surface is within the allowed range for the B-1, Highway Business zone. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. The proposed development is adjacent to existing townhomes, a Home Depot store, a theater, and restaurant. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding No. 6.• The proposed PUD amendment allows for additional transit use and helps support existing businesses in the PUD. The proposed PUD also allows for adequate pedestrian circulation to connect the proposed residential area to the commercial areas and transit station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Planned Unit Development Southbridge Crossings East is hereby amended to allow the development Southbridge Crossings East PUD in the following manner: 1. One additional freestanding sign of a monument design is permitted in this development. 2. The applicant must work with City staff to find an appropriate location for a freestanding sign that meets setback requirements and does not interfere with existing or future utilities. Page 155 of 178 3. The retail building and grocery building must be separated to allow for pedestrian access for residents of the apartment building. 4. A screening wall that matches the exterior building materials of the grocery building must be provided between the loading dock and Crossings Blvd. 5. Additional parking lot islands must be provided in the parking area of the retail buildings and grocery store to meet City Code. Locations are provided on electronic plan review notes. 6. Redline comments on the submitted electronic plans must be complied with. 7. Additional landscape islands must be provided in the parking areas to meet City Code requirements of 1 island per 10 spaces. Required locations are shown on submitted plans. 8. The design and exterior materials of the apartment building must match the comments submitted to the applicant, including: • Adding an additional parapet in the center of the building • Adding additional dark burnished block accents at the parking garage level to match the intervals of the other dark block accents. • Increasing the height of the burnished block to the 3rd level on the four building corners. • Adding additional treatment to the top of the four corner parapets. • The applicant must work with planning staff to revise the main entrance features of the building. 9. Internal pedestrian connections must be provided to allow for pedestrian movement between all the buildings within the development. 10. The proposed playground area must be fenced on the south, east, and north sides of the playground. Black vinyl coated chain link is an acceptable material. Fence height must not exceed 4'. 11. Development of each site must comply with the bicycle parking requirements in City Code. 12. At least 104 parking spaces must be provided on the apartment lot. Shared parking with the retail development is permitted to be used for residential purposes by City Code. 13. The height of the residential building must match submitted plans and not exceed 58' at the parapets. 14. A sidewalk must be provided on the northernmost landscaping island to connect the theater / grocery to the freestanding retail building. The following relates to the proposed Preliminary and Final Plat of Southbridge Crossings East 6th Addition WHEREAS, the Planning Commission of the City of Shakopee did review proposed the preliminary plat of Southbridge Crossings East 6th Addition on August 6, 2020 WHEREAS, all required public notices regarding the public hearing for the Preliminary Plat of Southbridge Crossings East 6th Addition were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and Page 156 of 178 WHEREAS, the Planning Commission has recommended to the City Council that the Preliminary Plat be adopted as proposed; and WHEREAS, the subject property is legally described as: OutlotA, Southbridge Crossings East 5th Addition, Scott County; and WHEREAS, the City Council reviewed the preliminary and final plat on August 18, 2020. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the preliminary and final plat of Southbridge Crossings East 6th Addition is hereby approved subject to the following conditions: I) The following procedural actions must be completed prior to the recording of the Final Plat: 1. The applicant must comply with the Engineering Department Memorandum and comments made on submitted plans dated July 29, 2020. 2. The applicant must comply with Shakopee Public Utilities Memorandum dated July 29, 2020. 3. If the trash enclosure location is adjusted, the lot lines on the final plat must be adjusted. The following items need to be addressed / completed prior to approval of a grading permit and/or a building permit. 4. Park dedication fees must be paid for the apartment building at the time of building permit. 5. Park dedication fees for remaining lots are due at the time of recording of the subsequent final plats. Adopted in session of the City Council of the City of Shakopee, Minnesota, held on the day of , 2020. ATTEST: Lori Hensen, City Clerk Mayor of the City of Shakopee PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 157 of 178 7.C.2. Shakopee City Council August 18, 2020 FROM: PeggySue Imihy, Senior Planner TO: Mayor and Council Members Subject: Review of the Draft Request for Proposals (RFP) for a Feasibility Study for SandVenture Policy/Action Requested: Provide any requested changes and direct staff to issue the RFP. Recommendation: Direct staff to issue the RFP. Discussion: Background Constructed in 1969, SandVenture is a beloved community asset in need of a variety of repairs and upgrades. At their workshop session on July 14, 2020, the City Council gave direction to Parks and Recreation Director, Jay Tobin to perform necessary repairs such as the filter replacement and the switch from a gas chlorination system to an Accutab system. As part of the Parks and Recreation Master Plan, SandVenture was examined for possible upgrades and enhancements. Concepts were developed for these along with a discussion on how the facility could be used for a longer period of time and that there may be ways to use some of the buildings throughout the year by inclusion of food service, including possibly a restaurant. At the workshop, Council Members requested more infoiniation about how the pool could be updated and what the expanded activation opportunities there might be along with costs and revenues that would be associated with any changes to the facility. Requests for Proposals Staff has prepared a Requests For Proposals (RFP) for firms to bring the facilities to the Page 158 of 178 same level as other community amenities such as the Community Center and the Ice Arena. The feasibility study is the first step in evaluating the viability of necessary renovations to improve the user experience of SandVenture. The feasibility study will analyze and develop the desired alternative for renovations and improvements, consider the aquatic center integration into the larger adjacent city -owned park, consider and develop alternatives for any buildings on site and develop a business plan and model for the complex's operation. Timeline Staff has developed the following preliminary timeline for the RFP process: • RFP posted and available for viewing - August 19, 2020 • Proposals due — September 18, 2020 at 4 p.m. • Interviews — Sept 23-25, 2020 • Award Notice — Oct 7, 2020 • Contract and Professional Services Agreement due — Oct 14, 2020 • Project Kick-off — October 26, 2020 • Anticipated Project Competition — April 1, 2021 Budget Impact: The selected proposal will be paid for from the Park Development Fund. The selection committee will make a recommendation to Council for final approval. ATTACHMENTS: o RFP for Feasibility Study for SandVenture Page 159 of 178 Requests for Proposals for a Feasibility Study for SandVenture Renovations Purpose of feasibility study The City of Shakopee is requesting proposals from qualified firms to complete a feasibility study for the renovation of the city's outdoor aquatic facility, SandVenture. The feasibility study is the first step in evaluating the viability of necessary renovations to improve the user experience of SandVenture. The feasibility study will analyze and develop the desired alternative for renovations and improvements, consider the aquatic centers integration into the larger adjacent city -owned park, consider and develop alternatives for any buildings on site and develop a business plan and model for operation. As part of the 2019 Parks, Trails and Recreation Master Plan, the consultants found that there is opportunity to redevelop SandVenture for a better user experience and as a way to generate more year- round revenue. SandVenture has been a well -loved community amenity since 1969, and after 51 years is in need of upgrades and improvements to create a first-class amenity for residents and visitors. Project Description: SandVenture is located at 1101 Adams Street S in Shakopee and is within Lion's Park. The facility began operations in the 1969 and has been repaired and modified over the years. Traditionally the pool has operated seasonally from May to September. The entire facility occupies approximately 106, 404 sq. ft. and includes the sand bottom pool, four slides and a diving board, a sand volleyball court, a sand beach decking, and two buildings. The main pool is 51,582 square feet, zero depth entry, sand bottom swimming pond with shallow and deep ends and holds approximately 99,000 gallons of water. There are three water slides which enter the pool at varied depth and a mechanical building. The existing pool house is a single story structure containing the lifeguard office, men's and women's restrooms with showers, a family changing area, a manager's office, a concessions area, an admissions office and a storage area. The building also has two unisex bathrooms which are accessible to the public. Located within Lions Park, residents and visitors come to this park in the summer for the fun -for -all playground, the splash pad, and other amenities such as disc golf, tennis and picnic areas, and in the winter for sledding and ice hockey. The park also has walking trails which connects to the larger Vierling Greenway, a trail system that runs through the city. It is the goal of the city to create a signature facility which serves as the anchor for Lions Park and can be utilized year-round by all park users. Examples could include year-round concessions vending, use as a warming house area or other activations. After 50 years, this update should create a SandVenture which can last another 50 years. The scope of work consists of two separate but related tasks. The first task is to conduct a facility audit to analyze the condition of the existing facility and develop a repair/replacement and renovation plan designed to maintain and improve the facility in its existing configuration. The second task is to develop a master plan for innovative updates which will accommodate the projected demand while identifying if any existing elements should be reused or repurposed. The scope of work is more particularly described below. Project Objectives: • Provide an audit of the facility that includes the pool, and the support facilities such as mechanical buildings, decking, shade structures, lighting and other amenities such as picnic Page 160 of 178 benches and lifeguard stands, which verifies condition and anticipated remaining service life of each item. • Provide plans for increased use of the facility such as offering expanded daily hours of operation, new amenities, new programming or winter activation. This should include consideration of ice rinks and potential relocation or addition of rinks to accommodate winter activation. • Provide proposed amenities, special features or attractions which would enhance the experience of SandVenture visitors. • Provide plans for facility upgrades which match the level of existing recreation facilities such as the Shakopee Community Center and Ice Arena. • Provide a design that creates increased visibility of the facility and is well integrated into Lion's Park. • Provide a design which ties the spaces together with a consistent theme or brand. • Provide one final design and plan which seamlessly integrates the business plan, aquatics plan and building plans. Consultant Scope of Work Business Plan Analysis: • Review of the existing facilities and programs at SandVenture as well as existing customer base, current market and any other necessary information • Provide a demographic and trends analysis to provide an understanding of current and future market trends • Create an operational plan to provide strategy for any operational changes that could result in increased efficiency • Identify and potential public and private partnerships or opportunities for shared use • Provide options for other activations for the pool area or rental opportunities to generate increase revenue based on market trends o This should include consideration for the feasibility of a restaurant which would serve alcohol • Create a draft report and recommendations which can be utilized to develop the aquatics, landscaping and building renovation opportunities • Provide final financial plan or pro -forma for SandVenture and any new buildings based on the conceptual plans and final plans for the facility. This should include: o Line item detail and summary schedules for revenues and expenditures within a five- year proforma period o Funding strategies which are developed based in the review of the facility o An electronic modeling tool which can be used by the city to budget and plan in the future which includes: ■ Expenditure detail • Detailed staffing needs by space/program area • Contractual costs, including but not limited to, utilities, maintenance and repair, insurance, office/license/dues, advertising and promotion • Commodity costs for program area and general facility requirements • Contract instructor costs ■ Revenue and participation detail Page 161 of 178 • General admission by month, by participant category and price point (youth, adult, weekday, weekend, etc.) • Program/class participation by session/meetings, by participant category • Rental by space/program area by price point Aquatics Design Analysis: • The scope of aquatics analysis should include a study of the condition and current operational functions of the outdoor pond, all related operational systems, any related infrastructure and all amenities such as all slides • Provide a preliminary report of findings which includes what upgrades, amenities, special features or attractions should be added, in addition to any options for repair, replacement or and improvements. The preliminary report should include: o Sketches and/or summaries of proposed options o Probable cost estimate for construction, replacements or repairs for proposed options o Probable operational costs for construction, replacements or repairs for proposed options • Provide a final feasibility report which includes: o Plans which are based on the preliminary report o Sketches and/or summaries of the selected improvements o Probable cost estimate for construction of selected improvements o Probable cost estimate for operation of selected improvements Landscape Design and Building Renovations • Provide program analysis of existing facility buildings and buildings to determine needs (ex. number of locker room lockers needs, number of bathroom stalls) • Identify areas within the footprint of the facility which could be upgraded and improved and could result in increased revenue. Examples include rentable cabanas, an improved play area, improved areas for birthday parties and group events. • Provide concept plans based on aquatics and business plan proposals which include: o Renderings of the site, buildings and aquatics facility o A minimum of three renderings of the pool house building • Provide final concept plans which include: o Final schematic designs o A minimum of 3 concept renderings of the pool housing building o Renderings of the site and aquatics facility o Cost opinion Public Engagement and Meetings The consultant and its sub -consultants, if any, should plan for the following meetings with city staff, city officials and the public at a minimum. The total amount of meetings needed to accomplish the scope of work should be determined by the consultant team. • Project Kick-off meeting with City Staff to include on -Site meeting at Sand Venture • Ongoing project update meetings with City Staff • Two Parks and Recreation Advisory Board meetings at time of draft and final plans • Two City Council meetings at time of draft and final plans Page 162 of 178 • One public open house — this may be virtual, dependent upon COVID-19 Respondent Description Each Respondent submitting a proposal must demonstrate sufficient financial resources and professional ability to complete the feasibility study in a manner consistent with its proposal. In addition, each proposal must include: Project Team Experience • Provide one -page resumes only for proposed principal(s) and associated team members that will be involved in facilitating the project. Include relevant information for each such as educational background, professional experience, certifications, and recent similar projects worked on and the role in said projects. • Include key team members from sub -consultant firms, if any. Proposed Approach/Work Program • Provide a conceptual work program and specific approaches, methods and assumptions for the project that you believe is appropriate based on your understanding of the City's needs, as well as the outcomes, deliverables, and the scope of work elements outlined within this RFP. Experience / Work Samples • Please provide examples of similar, relevant studies along with reference contact information. Schedule • Provide a proposed timeline for completion along with a list of team members completing each task. Total Consultant Cost: List the complete cost for the proposal. Breakdown of the costs shall be as follows: • Proposed costs for each scope of work • Hourly rates for all consultant employees who are expected to work on this project. The rates shall be the agreed upon costs for any additional services requested by the City of Shakopee, above and beyond what is detailed in the RFP. • Reimbursable costs including detail of services or item and applicable charge per unit. • "Not to Exceed" cost for the project Proposals that do not include a "Not to Exceed" cost will not be considered. It is the responsibility of the proposing fi rm to accurately predict the amount of time and resources that they will need to spend on the project and their associated total cost. Exclusions Proposals should not include: • Civil Engineering • Electrical and Lighting Design • Structural design • Sewer design • Construction documentation • Surveying Page 163 of 178 • Architectural options for reusing the existing pool building Selection Criteria The City of Shakopee will evaluate each proposal according to the criteria listed below, considering the information provided in the proposal, references and any other information about the Respondent and its performance available to the city. Project Work Approach, Deliverables, and Organization • Firm grasp of the project scope and objectives • Quality and organization of response to proposed work program and proposed deliverables • Quality of creative approach to the deliverables • Organization and completeness of the response • Writing skills, as shown through the submission and any other submitted work examples Related Experience, Work Examples and Innovation • Quality of submitted work examples • Experience and demonstrated ability of consultant(s) in the community / public planning process • Past performance of consultant(s) on similar projects • Demonstration of an innovative and high -quality approach to similar projects Cost • Demonstration of successful budget performance and previous experience in meeting project budgets • Description of the approach to budgeting Proposals that are not complete or do not conform to the requirements of this RFP may not be considered. The City of Shakopee reserves the right to request additional information, site visits, interviews or presentations, from one or more of the Respondents. Submissions Seven (7) hard copies and a thumb drive containing the proposal must be submitted in an envelope identified by "SandVenture RFP". Proposals must be submitted to and received by the City of Shakopee by 4 p.m., September 4, 2020. Proposals must be submitted to the following address: City of Shakopee Attn: PeggySue Imihy, Senior Planner 485 Gorman St. Shakopee, MN 55379 Preliminary Timeline RFP Posted and available for viewing - August 19, 2020 Proposals due — September 18, 2020 at 4 p.m. Interviews — Sept 23-25, 2020 Page 164 of 178 Award Notice — Oct 7, 2020 Contract and Professional Services Agreement due — Oct 14, 2020 Project Kick-off — October 26, 2020 Anticipated Project Competition — April 1, 2021 Page 165 of 178 nl IOU li,l'Vi@I,I'Ipl 1p!Gro it 11 'lllN6l Illu II 4�II� �IIIIIIII��i A�will Exterior of Sand Venture Pool Building """""" ll,„ „Ivy I�"Ili°I II�'ll„ g4P'�Illluluu I'Illllllldlldllulllllllllllllll ilrlriiiiilii 111111111 11111111111 �VU..�. 11 IIiBjrNN �'IVVUUVVVV� V'" „n` ��iiilU , I IVIgNINNN '' I I, uu NIhINnmNIlNmll III � N ;;' 'N i//,C////GGe,//r z,,;1 prm ""' 1 j;JIY''q'liim,ijiiiiiNNpuuu NNINNINNINNINNINN liluilluuuuluuu lllliNINNNNoN,,NI'�N 12 ,',il lNIIf J / NV'^ I lil a IIY I'oollllll lu %� IIIIIII� II������ � NNi3i MA 11 f pp // �I if,zdj/�NN;I,N,�aI!�'.".!.W.1����6�I �ill�°�i�P ���,',ull,i �i �u�ul�r�,plFlu �� y�� �Illilil�ugl' ��'If���i,�1� N��r";i%�' Left: Men's Restroom and Showers which are not accessible � �� from inside SandVenture Right: Admissions check in desk „u1:., 111 1 IIfiggilli I Page 166 of 178 Iu�lllli lni 1,1111ryI,,I l� u� IIIIIIIIIIVII l�li�i��"i��i�i�i�i�i�i�i,i�ii�i� i�i�i� i�Ih�II�I�I�I("�"II,�III�IVl Yw;uV:Vun'YN,1II"!11'Jr(wIVIldIWIUIXIuII .mMulllll�lmlI�lIl,�Ulu. 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II yul mro 0,00,0111 1"' "1111,-a Mm" I I Illllllllllww 11,11,11,11,1111,111,111, ul4 illill',111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111'1,111ii; IIIIIIIIII ICIwllpinnni , II�,,I;,I pullllll 'INlmIIIISl11^YIPIIii�i' Left: Women's restrooms and showers and Family Changing room Right: Interior of Family Changing Rooms Page 167 of 178 111111,11 1 uifuluni 1iPlp'j„ 41liul, 11111111� Left: Concessions Exterior Right: Exterior Bathroom, accessible by Lion's Park Existing Play Area Page 168 of 178 Rear of Pool Building Rliulh01 VUa„„„,„ @ @ 1111 l'j II� Left: Interior of Lifeguard Room Right: Ceiling and windows of Lifeguard Room Page 169 of 178 7.C.3. Shakopee City Council August 18, 2020 FROM: Michael Kerski, Director of Planning & Development TO: Mayor and Council Members Subject: EDA PWEAA CARES ACT Grant Application Policy/Action Requested: Approve Resolution No. R2020-098 authorizing submission to the Economic Development Administration a grant request for the construction of the Shakopee Innovation Center. Recommendation: Approve Resolution No. R2020-098 Discussion: The Shakopee Economic Development Authority has previously approved application for funding through the Economic Development Administration (EDA). The Federal EDA has completed an initial review of the proposal and has asked for additional materials to be included in the application. Gensler/Collaborative Architects have added a number of additional drawings and HR&A will be providing them with additional information about the employment market. Staff has ordered an appraisal of the property owned by the Shakopee EDA and is supplying a full environmental impact statement that includes a Phase 1 and Phase 2 that has been completed. As many are aware, this was formerly a gas station location and the Federal EDA wants to ensure that there are no environmental conditions that could impact the budget. We have explained to the EDA that the site has been remediated and is currently grass and is not in use and that is confirmed in the Phase 1 and Phase 2. The preliminary feasibility analysis show that the facility would run a negative balance the first four years including its contribution of reserves for replacement. This is based on a worse case scenario and without any participation from other entities. If the project receives a funding commitment from the Federal EDA, staff will work with potential partners to reduce and eliminate expenses, but it is difficult to project utility and other Page 170 of 178 occupancy costs at this time since we have only developed concept plans and have not finalized any agreements with potential tenants or users. Those costs are currently projects based on other similar buildings in the area. The Federal EDA has asked that the city council pass a resolution since the Shakopee EDA is the landowner but the city is the municipal corporation and both bodies need to support the application. The project application also includes letters of support from other agencies, corporations and government officials. Budget Impact: ATTACHMENTS: Resolution Page 171 of 178 RESOLUTION NO. R2020-098 A RESOLUTION BY THE CITY OF SHAKOPEE, MINNESOTA, SUPPORTING AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), UNITED STATES DEPARTMENT OF COMMERCE'S (DOC) PUBLIC WORKS AND ECONOMIC ADJUSTMENT ASSISTANCE PROGRAM (PWEAA) 2020 FOR THE SHAKOPEE INNOVATION CENTER PROJECT WHEREAS, the recent disaster declarations for the region, the State of Minnesota and the declared states of emergency, both national and statewide, have impacted the region's employers and employees; and WHEREAS, a need for post -secondary education in Scott County has been identified; and WHEREAS, the city's 2040 Comprehensive Plan, "Envision Shakopee," identified the need for post- secondary education, space for entrepreneurs and a location to support training for the region's workforce to support our existing businesses, and recent emergencies have created an even greater need for training and re- training of impacted employees and employers; and WHEREAS, Scott County First Stop Shop, Live/Learn/Earn, Minnesota State University, Mankato have been working together for the many years on solutions to post -secondary education and training; and WHEREAS, the City of Shakopee entered into a Memorandum of Understand with Minnesota State University -Mankato to explore opportunities to have a presence in the region and provide unique programs and to support the region's employers; and WHEREAS, the Shakopee Economic Development Authority completed a feasibility study and retained architects to develop designs and a cost estimate for such a center of innovation and education with input and support from the First Stop Shop and Minnesota State University -Mankato; and WHEREAS, the City of Shakopee will enter into an operating agreement for the Innovation Center with the Shakopee Economic Development Authority, owner of site parcel; and WHEREAS, the City of Shakopee acknowledges the grant amount requested to the EDA is in the amount of $16,617,480. NOW THEREFORE BE IT RESOLVED, The City of Shakopee supports the grant application to the EDA's PWEAA and has secured/committed funds for the Shakopee Innovation Center project for a total of $1,688,290 and covers the following: A. Land Parcel (Shakopee EDA) $ 400,000 B. Cost of Feasibility Study $ 100,000 C. Preliminary Design and Cost Est. $ 45,000 D. Projected Operating Shortfall Costs for First Four Years (Shakopee EDA) $1,143,290 II. The City Administrator of the City of Shakopee is authorized and directed to attest the Mayor's signature, and the Council formally resolves as outlined above, to denote their support of the grant application. 1 Page 172 of 178 Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 18th day of August, 2020. Attest: Lori Hensen City Clerk William Mars Mayor of the City of Shakopee Page 173 of 178 8.A. Shakopee City Council August 18, 2020 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2020 activity. The following transactions are notable for this reporting cycle: o The following small business's applied and received the Small Business Relief CARES ACT Funds. a Bill's Toggery $15,000.00 O Doggie Doo's Spa & Retreat Inc $15,000.00 • Valley Sports $15,000.00 • Wampachs Inc $15,000.00 • US Bank Debt Service Payments were made for GO Improvement 2010A & 2012A, $25,455.00. GO Abatement 2016A, $463,165.63 and GO Tax Inc Rev Bond 2019A, 106,864.85 • Ryan Contracting Co voucher payment 3 for the Reroute Stormwater to Protect Historic Site. $102,564.36 • WM Mueller & Sons voucher payment for the 2020 Full -Depth Pavement Reconstruction project. $632,180.18 Page 174 of 178 Included in the check list are various refunds, returns, and pass through. Budget Impact: Operating and capital expenditures within the 2020 budget. ATTACHMENTS: a Monthly Financial Report a Council Check Summary a Bill List Transfers Page 175 of 178 CITY OF SHAKOPEE Monthly Financial Report co it a tk N at 0 PC 01000 - GENERAL FUND EXPENDITURES: O, 00 O to 01 O o r, O 00 00 00 Cr) 0S1 kr) 00 M �0 01 ,--, O 01 kr) N M M N 01 l� �O M N OO O o0 01 , M M oo O M ,-. O O l� l� 00 --1 M M 01 --i N M M M kr) N vD 00 O --1 , N N Cr) v') ‹O v� (� N N --I V) 61) .0061) u l l � G( � GI I � u lr � 111 ���illl a,' " �I I � u l� �� � ,��illllaw� a ��illlh, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 kr) -- M O 01 00 -- 00 kr) M O 00 M kr) kr) N N N kr) kr) N •--i O kr) M kr) M 00 M N M M N O M N O ,--I Oo N M kr) M • in O .--I N C— O kr) kr)N --IM O O M in • 01 M d- d- co 00 00 d- r--a OV 00 M 7r M co kr) kr) 00 ▪ .O N kr) 00 00 N 01 •--i N •--i N O - 1 M • M --i •--i •-I •-I 71- .-I 1-1 ,—I N O1 O vl N kr) N N 00 N N M O 7 0\ kr) 00 -- IN \O V 1 0V 00 00 N -- v O M o0 00 O, O1 O kr) • 00 00 00 7 m M oo O O 7h 7h (=> V") V") 01 O 00 01 O Cl N M kr) 01 N M kr) - N M N M -- M O N M M N kn • M 0N O O N N N - N kr) \O N oo O N oo v> 01 01 O N M O O O M N N d\ N M N •--q kr) •--- •--+ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7--1 N O N Cr) Cr) ,O N O. 01 Cr) Vl O N Cr) ,--, N N ,--, N 0 O. 0 0 0 01 O N 01 O . O o0 . O vl M to . M N 01 N .--1 .- i N N Q H p4 0 121 13 - CITY CLERK 15 - FINANCE TY DEVELOPMENT 17-COMM 18 - FACILI 31 - POLICE DEPARTMENT N M 33 - INSPECTION-BLDG-PLMBG-HTG 41 - ENGINEERING 42 - STREET MAINTENANCE 44 - FLEET 46 - PARK MAINTENANCE 66 - NATURAL RESOURCES 67 - RECREATION 91 - UNALLOCATED N C1 otfis N ot M 01 rr r0 rr r0 01 06, TOTAL EXPENDITURES Within 10% of budget Page 176 of 178 8/13/2020 14:17:16 CITY OF SHAKOPEE O O C 0 J N CO U 0) a Council Check Summary e actual amount due to data sequencing and/or data Payment amount may not r a) Z C O E C c m E 0 a) n n O O M (O co (D a) a) a) CO CO (O 6) 6) (O 6) (O O O (9 W 7 OD CO N CO CO 7 O) CO O O f� O N (O O A V (O N (O a) N- CO M 6) 6) M O (O (O I— N O (O CO (O co CO M _ CO CO 'I' 'I' CS) O O W O CO co N O CON V N CO 6) N (O O CO' 7 M CO O M a) a) O h co- O CO- N N (O N (O O co (O N- co 7 6) V N 6) M O (O V (O CO M GENERAL FUND FORFEITURE 02190 ECONOMIC DEVELOPMENT AUTHORITY 03042 2010A GO IMP BONDS 03043 2012AGO REFUNDING BOND 03044 2016A GO TAX ABATEMENT BOND 03045 2019A GO TAX INCREMENT REV BON PARK DEVELOPMENT CAPITAL IMPROVEMENT FUND TIF DIST #18 CANTERBURY COMMON SEWER FUND SURFACE WATER FUND EQUIPMENT I.S. FUND PARK ASSET I.S. FUND INFO TECH I.S. FUND BUILDING I.S. FUND SELF INSURANCE I.S. FUND SW METRO DRUG TASK FORCE ESCROW FUND O 1— O O O (O (o O O (O O N N OD O O O O O ,— N N V O O O CO 07 W N W OD O O v v v (— (— (— (— (— (— N- co co 0 0 0 0 0 0 0 0 0 0 0 0 2,759,319.30 Page 177 of 178 Funds transferred electronically August 6, 2020 to August 18, 2020 PAYROLL $362,429.13 FIT/FICA $106,603.93 STATE INCOME TAX $22,273.74 PERA $107,516.09 HEALTH CARE SAVINGS $24,834.35 HEALTH SAVINGS ACCT $10,276.32 NATIONWIDE DEF COMP $10,462.08 ICMA DEFERRED COMP $2,478.15 MSRS $5,219.78 FSA $1,325.57 MN WAGE LEVY $0.00 Child Support $529.29 Total $653,948.43 Page 178 of 178