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HomeMy WebLinkAboutNovember 15, 2022 - Council PacketFE. Shakopee City Council November 15, 2022 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. Planning and Development *4. B.1. *Whispering Oaks MUSA Comprehensive Plan Amendment C. Public Works and Engineering *4. C.1. *Professional Service Agreement with AE2S for SCADA System Improvements Programming Services *4. C.2. *Update City Code Chapter 54 and City Design Criteria Pertaining to Water Resources Management *4. C.3. *Professional Service Agreement with SRF Consulting Group, Inc. Page 1 of 268 5. RECOGNITION OF INVOLVED RESIDENTS 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. Public Hearings 7.A. 2022 Full Depth Pavement Reconstruction - Public Hearing 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. General Business A. Administration 10. A.1. Monthly Financial Review- October 2022 B. Planning and Development 10. B.1. Resolution for Contract for Private Development for Amphitheater C. Public Works and Engineering 10. C.1. Americlnn Property and Proposed 12th Avenue Layout 11. Reports 11.A.City Bill List 11.B.Liaison & Administration Reports 12. Other Business 12.A.Continue Meeting to Wednesday to Canvass 2022 Municipal Elections 13. Adjournment to Wednesday, November 16, 2022 at 6 p.m. Page 2 of 268 *4.A.1. Shakopee City Council November 15, 2022 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subj ect: City Council minutes from November 1, 2022. Policy/Action Requested: Approve the minutes of November 1, 2022. Recommendation: Approve the minutes of November 1, 2022. Discussion: Budget Impact: ATTACHMENTS: a November 1, 2022 Page 3 of 268 Shakopee City Council Minutes November 1, 2022 7:00 PM City Hall, 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor Bill Mars, Council Members Jody Brennan, Matt Lehman, Jay Whiting, Angelica Contreras Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Chelsea Petersen, City Attorney Jim Thomson, Finance Director Nate Reinhardt, City Engineer/Public Works Director Steve Lillehaug, City Clerk Lori Hensen, Planning/Development Director Michael Kerski 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Jody Brennan made a motion to approve the agenda, seconded by Councilmember Angelica Contreras 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.) Councilmember Matt Lehman made a motion to approve the consent agenda, seconded by Councilmember Jay Whiting and the motion passed. 5-0 A. Administration *4. A.1. *City Council Minutes Approve the minutes of October 18, 2022. (Motion was carried under consent agenda) *4. A.2. *Road Closures for Holiday Fest 2022 Page 4 of 268 Approval of road closures for 2022 Holiday Fest. (Motion was carried under consent agenda) *4. A.3. *Ordinance Removing Sunday Alcohol Sale Restrictions Adoption of Ordinance 02022-025 amending Section 114.16 of the Shakopee City Code pertaining to Sunday sales of alcoholic beverages. (Motion was carried under consent agenda) *4. A.4. *Scott County Assessment Services Joint Powers Agreement for 2023 - 2027 Approve the Joint Powers Agreement with Scott County for assessment of the City of Shakopee for the years 2023 through 2027. (Motion was carried under consent agenda) B. Fire *4. B.1. *Resolution of Appreciation to Retired Firefighter Mark Brandon Adopt Resolution R2022-135, a resolution of appreciation to Firefighter Mark Brandon in recognition of his retirement and honoring him for his 20 years of service to the City of Shakopee. (Motion was carried under consent agenda) 5. RECOGNITION OF INVOLVED RESIDENTS 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 None 7. Public Hearings 7.A. Modification of Spending Plan for Certain TIF Districts Councilmember Jody Brennan made a motion to open the public hearing, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 Page S of 268 Councilmember Jay Whiting made a motion to close the public hearing, seconded by Councilmember Matt Lehman and the motion passed. 5-0 Councilmember Jay Whiting made a motion to approve Resolution R2022-134, Approving a Spending Plan for Certain Tax Increment Financing Districts Located in the City of Shakopee, seconded by Councilmember Jody Brennan and the motion passed. 4-1 Nays: Lehman 8. Recess for Economic Development Authority Meeting Councilmember Matt Lehman made a motion to recess to the EDA, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 9. Reconvene 10. General Business 11. Reports 11.A.City Bill List Informational only 11.B.Liaison & Administration Reports 12. Other Business 13. Adjournment to Tuesday, November 15, 2022 at 7 p.m. Councilmember Jody Brennan made a motion to adjourn to Tuesday, November 15, 2022 at 7:00 pm, seconded by Councilmember Jay Whiting and the motion passed. 5-0 Page 6 of 268 *4.B.1. Shakopee City Council November 15, 2022 FROM: Michael Kerski, Planning/Development Director TO: Mayor and Council Members Subject: Whispering Oaks MUSA Comprehensive Plan Amendment Policy/Action Requested: Approve Resolution R2022-130, a Comprehensive Plan amendment to Figure 4.60 - Metropolitan Urban Service Area (MUSA) in the 2040 Comprehensive Plan. Recommendation: Staff recommends adoption of Resolution R2022-130, a Comprehensive Plan amendment to Figure 4.60 - Metropolitan Urban Service Area (MUSA) in the 2040 Comprehensive Plan. Discussion: The City of Shakopee is proposing to amend Figure 4.60 - Metropolitan Urban Service Areas (MUSA) in the 2040 Comprehensive Plan. The proposal is to amend the Existing MUSA Boundary to include the Whispering Oaks Neighborhood. The Whispering Oaks Neighborhood is currently served by sanitary sewer and this amendment fixes a mistake in the comprehensive plan. A public hearing was held on November 3rd and the Planning Commission unanimously recommended approval of the amendment. The following are the criteria evaluated in the granting of a Comprehensive Plan Amendment. The City Council may grant a Comprehensive Plan Amendment with a two thirds majority when it finds that one or more of the following criteria exists: Criteria #1 The comprehensive plan was in error. Finding #1 The original comprehensive plan was in error. The parcels should have been included in the Existing MUSA boundary. This amendment remedies this error Page 7 of 268 Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 Significant changes in community goals and policies have not taken place. Criteria #3 Significant changes in development patterns have occurred. Finding #3 Significant changes in development patterns have not occurred. Criteria #4 The Comprehensive Plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. Staff finds that the amendment meets 1 of the 4 criteria necessary to be approved by the City Council. Budget Impact: ATTACHIVIENTS: Resolution R2022-130 o Location Map Page 8 of 268 RESOLUTION NO. 2022-130 RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A COMPREHENSIVE PLAN AMENDMENT TO FIGURE 4.60 — PLANNED METROPOLITAN URBAN SERVICE AREA (MUSA) IN THE 2040 COMPREHENSIVE PLAN WHEREAS, The City of Shakopee, applicant, has made an application for a Comprehensive Plan amendment to Figure 4.60 — Planned Metropolitan Urban Service Area (MUSA) in the 2040 Comprehensive Plan (see exhibit A); and WHEREAS, all required public notices regarding the public hearing for the Comprehensive Plan 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 Planning Commission of the City of Shakopee did review the application on November 3, 2022 and recommended approval; and WHEREAS, the City Council of the City of Shakopee did review the application on November 15, 2022 and adopted the following findings: NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the Comprehensive Plan Amendment request: Criteria #1 The original zoning ordinance is in error. Finding #1 The original zoning ordinance was in error. The parcels should have been included in the Existing MUSA boundary. This amendment remedies this error. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 Significant changes in community goals and policies that affect these properties have not taken place. Criteria #3 Significant changes in development patterns have occurred. Finding #3 Significant changes in development patterns have not occurred for the subject properties. Criteria #4 The Comprehensive Plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. BE IT FURTHER RESOLVED, to incorporate the changes, the city will modify its official land use map; and FURTHER, approval of the comprehensive plan amendment is contingent upon, and subject to, the required review and response by the Metropolitan Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held on the 15th day of November, 2022. Page 9 of 268 Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 10 of 268 EXHIBIT A — Figure 4.60 Metropolitan Urban Service Areas (MUSA) Existing and Proposed Existing 202 CHASKA NORTH Proposed 2'12 CHASKA NOTH. LOUISVILLE SANG CREEK 09 SANTE GREEK NHl / 40 , . '/RileclaR",./RKIIRR „1..) I 1111111111111 40, -Ty/ r , r .A / Iz 50 NAMED' 14 11111,i/RIR: 111,1„1,,„,„;1111,111,11,1 R/R,R/R:R,R,R..„/ „".• , BLOOMINGTON 5, ' BAKEITI5EWAEITEKBABB TEAMEmAAPTEM PRIOR TAKE 111111111 Id Exiting MUSA 2020 2030 2040. Post 2040 SMSC 141. WEAR (A, OTATESTGAKMATT orlubutom 64444 OW • Ell TEM411 &EOM giikL,4,41,04,wourmer TEAKBEIGulTiot )i111111.1..1„1.11.,1,1,1,1,111111 6.; , ,Ar7 •• P , 044 .4 1411111114 LAKE • Exiging MUSA .2020 2030 El 2010 Pog 2,04,0 11111111 SMSC 0 I' PERE G01014/11. 14.: 6,00.51, MAMMA MMETINKKEK. 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Shakopee City Council November 15, 2022 FROM: Darin Manning, Project Coordinator TO: Mayor and Council Members Subject: Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S), for SCADA Programming services. Policy/Action Requested: Authorize the execution of a Professional Services Agreement in the amount of $88,860 with AE2S to perform SCADA Programming services for the Lift Station 16 Rehabilitation project Sewer-19-001, SCADA System Improvement Project Sewer-19-005, and the Maras Street, 13th Avenue and Hansen Avenue Utility Extension Project Sewer-21-001. Recommendation: Authorize execution of the agreement. Discussion: On March 15, 2022, City Council accepted bids for the Lift Station 16 (L16) Rehabilitation Project Sewer-19-001, SCADA System Improvement Project Sewer-19-005, and the Maras Street, 13th Avenue and Hansen Avenue Utility Extension Project Sewer-21-001. As part of these projects a new SCADA system is being installed at Public Works for L16, the Stagecoach Road force main, and the Maras and Hansen Lift Station. Prior to the SCADA system being functional, professional programming services are needed for the PLC's, networking equipment, and software. City staff needs assistance from an instrumentation and controls consultant to complete the programming services. City staff has worked with AE2S to develop a scope of work and professional services agreement needed to implement the SCADA system. AE2S has 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: The scope of the AE2S Professional Services Agreement is proposed to cost (not to exceed) Page 13 of 268 $88,860.00. The cost of this work is budgeted in the 2021 Capital Improvement Plan (CIP) for the L 16 Rehabilitation Project, and SCADA System Improvement Project and in the 2022 CIP for the Maras Street, 13th Avenue and Hansen Avenue Utility Extension Project. ATTACHMENTS: o Professional Service Agreement-AE2S CIP Sheets Page 14 of 268 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into on the 2-day of November 2022, between the CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and Advanced Engineering and Environmental Services, . (AE2S), 6901 East Fish Lake Road, Suite 184, Water Tower Place Business Center, Maple Grove, MN 55369 ("Consultant"). LLC. 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: L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services, Sewer-19-001 and Sewer-21-001 The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A and Exhibit B, 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 November 2, 2022, through June 1, 2024, 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. Page 1 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 15 of 268 4. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A and Exhibit B, 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. 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 Page 2 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 16 of 268 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. 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, Page 3 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 17 of 268 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. 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. Page 4 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 18 of 268 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. 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). Page 5 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 19 of 268 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 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. Page 6 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 20 of 268 CITY OF SHAKOPEE By: Bill Mars, Mayor Date: By: William H. Reynolds, City Administrator Date: Advanced Engineering and Environmental Services, Imo. (AE2S) LLC. g1C Its: Operations Manager Date: November 7, 2022 Page 7 Professional Services Agreement L16 Rehabilitation Project and Maras -Hansen Lift Station SCADA Programming Services Page 21 of 268 Ex b A October 27, 2022 Mr. Darin Manning, PE Project Coordinator City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: L16 Rehabilitation Project SCADA Programming Services City of Shakopee, MN Dear Mr. Manning: Thank you for the opportunity to provide this professional services proposal. Advanced Engineering and Environmental Services, LLC. (AE2S) proposes to render professional programming services for the L16 Rehabilitation Project Supervisory Control and Data Acquisition (SCADA) Programming 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 Our project understanding is based on AE2S' Design Phase and Construction Phase services provided thus far for this project, including meetings and discussions with the City of Shakopee staff. This Assignment provides professional SCADA Programming Services for the L16 Rehabilitation Project, plans dated January 18, 2022, for the following tasks: - L16 Controls Upgrades - L16 Fiber Installation - Public Works SCADA Master PLC Panel - Stagecoach Flow Monitoring Control Panels (Site ID129, ID131, and ID132) Proposed Scope of Services Based on the understanding of the project and this Assignment, AE2S will perform the following professional services: 1. SCADA Programming Services SCADA Programming Services The SCADA Programming Services consists of professional programming services for the PLCs, OTTs, networking equipment, and SCADA software related to the Project, including: • Develop, review, and finalize control descriptions outlining the operation of the SCADA sites. • Programming PLCs, OITs, communications equipment, and SCADA application for: o Three (3) low pressure sanitary sewer system flow and pressure monitoring sites. o One (1) triplex sanitary lift stations. o One (1) Telemetry Master PLC. Page 22 of 268 • Review field Input/Output (I/O) scheme for proper operation, provide I/O checkout and verify proper operation and control of system components outlined above. • Coordination with IT department for required communications to L16 via fiber, cellular for Stagecoach monitoring, and Internet communications for Cloud SCADA. • Program and commission backup dialer to monitor Telemetry Master PLC for backup alarming. • Programming Cloud SCADA onsite gateway, software, and alarming for tagging and functions of new PLCs at sites outlined above. • SCADA application screen development and programming in collaboration with City. • Commission, test, and demonstrate operation for all new SCADA programming • SCADA system and site operational training. • Provide final application backups and system documentation. 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. • Provide decisions regarding project direction. Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. 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 seventy nine thousand four hundred twenty dollars ($79,420). 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. Task Professional Fees SCADA Programming Services $79,420 Total Professional Services Fee $79,420 Page 2 of 3 Page 23 of 268 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 24 of 268 I:::x.I11li Ihlil IEi October 27, 2022 Mr. Darin Manning, PE Project Coordinator City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: Maras -Hansen Lift Station SCADA Programming Services City of Shakopee, MN Dear Mr. Maiming: Thank you for the opportunity to provide this professional services proposal. Advanced Engineering and Environmental Services, LLC. (AE2S) proposes to render professional programming services for the Maras -Hansen Lift Station Supervisory Control and Data Acquisition (SCADA) Programming 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 Our project understanding is based on meetings and discussions with the City of Shakopee staff. This Assignment provides professional SCADA Programming Services for the Utility Extension — Maras Street Improvement Project, plans dated January 18, 2022, for the following tasks: - Maras -Hansen Lift Station (LS) Control Panel Proposed Scope of Services Based on the understanding of the project and this Assignment, AE2S will perform the following professional services: 1. SCADA Programming Services SCADA Programming Services The SCADA Programming Services consists of professional programming services for the PLCs, OIT, networking equipment, and SCADA software related to the Project, including: • Develop, review, and finalize control descriptions outlining the operation of the lift station. • Programming PLCs, OIT, communications equipment, and SCADA application for: o One (1) duplex sanitary lift station. o One (1) Telemetry Master PLC (adding Maras -Hansen programming to existing PLC). • Review field Input/Output (I/O) scheme for proper operation, provide I/O checkout and verify proper operation and control of system components outlined above. • Coordination with IT department as required for communications to Maras -Hansen Lift Station via cellular and Internet communications for Cloud SCADA. Page 25 of 268 • Program and commission additions to existing backup dialer to monitor Telemetry Master PLC for backup alarming of Maras -Hansen LS. • Programming Cloud SCADA onsite gateway, software, and alarming for tagging and functions of new Maras -Hansen LS. • SCADA application screen development and programming in collaboration with City. • Commission, test, and demonstrate operation for all new SCADA programming. • SCADA system and site operational training. • Provide final application backups and system documentation. 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. • Provide decisions regarding project direction. Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. 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 nine thousand four hundred forty dollars ($9,440). 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. Task Professional Fees SCADA Programming Services $9,440 Total Professional Services Fee $9,440 Page 2 of 3 Page 26 of 268 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 27 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2021 thru 2025 Department Contact Project # Sewer-19-001 Project Name Lift Station #16 Rehabilitation Accounting Code 5856/6856 Fund Sanitary Sewer Fund Description Type Useful Life Category Priority Status Total Project Cost: Sanitary Sewer Fund Public Works Director Improvement 20 Sanitary Sewer 1 Critical for Safety/Preservati Active $2,732,000 A feasibility study was completed in 2020 to determine a detailed scope and cost for the rehabilitation needs of L-16. include pumps, motors and controls, interior coating applications, ARC Flash improvements, building repairs, live we of the old lift house live well as a backup, demo of the old L-16 building, and emergency pumping improvements and replacements of the grinder and one of the primary pumps occurred in 2020. Needed improvements 11 improvements, integration levee repair. Emergency Justification The ageing infrastructure (20+ years for many of the components) of L-16 roust be kept in a high state of repair due to the significance and importance of this lift station, that serves a substantial portion of the community. The old building is not used, and the condition is such, demolition is in order. The wet well is used for storage in a backup situation and would be preserved. Prior 142,000 Tota1 Pr ior 142,000 Expenditures 2021 2022 2023 2024 2025 Total Construction/Maintenance Engineering/Administration 1,227,000 159,000 160,000 21,000 905,000 2,291,000 118,000 299,000 Funding Sources Total 1,387,000 180,000 1,023,000 2,590,000 2021 2022 2023 2024 2025 Total Sanitary Sewer Fund 1,387,000 180,000 1,023,000 2,590,000 Total Total 1,387,000 180,000 1,023,000 2,590,000 Budget Impact/Other 184 Page 28 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2021 thru 2025 Department Sanitary Sewer Fund Contact Public Works Director Project # Sewer-19-001 Project Name Lift Station #16 Rehabilitation 11i Iiui'wuilt1 PROJECT 't C ,TIOI 185 Page 29 of 268 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 30 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2022 thru 2026 Department Sanitary Sewer Fund Contact Public Works Director Project # Sewer-21-001 Project Name Utility Extension - Maras St, 13th Ave, Hanson Ave Accounting Code Fund Sanitary Sewer Fund Description Type Improvement Useful Life 50 Category Sanitary Sewer Priority 2 Tmportant-Provide Efficienci Status Active Total Project Cost: $5,471,000 This is the extension of sanitary sewer and water service to the properties adjacent to Maras Street, l 3th Avenue, Hansen Avenue and the east side of Stagecoach. This project requires the construction of a lift station and water7nain loop. Possible sewer grants may be available as this area is in a ground water sensitive area being the Eagle Creek Watershed. Justification Properties have been notified by Scott County Environmental Health of failures in septic systems. Most of the wells have contaminated water and fire protection service can be improved with city water. Pr for 427,000 Total Prior 427,000 Total Expenditures 2022 2023 2024 2025 2026 Total Construction/Maintenance 4,547,000 Engineering/Administration 497,000 4,547,000 497,000 Funding Sources Total 5,044,000 5,044,000 2022 2023 2024 2025 2026 Total Capital Improvement Fund 1,927,800 Cost Sharing, SPUC 1,530,000 Sanitary Sewer Fund 695,000 Special Assessments 826,200 Storm Drainage Fund 65,000 1,927,800 1,530,000 695,000 826,200 65,000 Total 5,044,000 Budget Impact/Other 5,044,000 Possible sewer grants may be available as this area is in a ground water sensitive area being the Eagle Creek Watershed. Staff will evaluate existing storm sewer, curb and gutter and other infrastructure to keep project costs lower. 204 Page 31 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2022 thru 2026 Department Sanitary Sewer Fund Contact Public Works Director Project # Sewer-21-001 Project Name Utility Extension - Maras St, 13th Ave, Hanson Ave PROJECT LOCATION 205 Page 32 of 268 *4.C.2. Shakopee City Council November 15, 2022 FROM: Kirby Templin, Water Resources/Environmental Engineer TO: Mayor & Council Subject: Update City Code Chapter 54 and City Design Criteria Pertaining to Water Resources Management Policy/Action Requested: 1. Adopt Ordinance 02022-026, Amending City Code Chapter 54.16, Stormwater and Urban Runoff Pollution Control and Chapter 54.49, Inspection of Erosion Control Plan. 2. Adopt Resolution R2022-136, Adopting Design Criteria and Stormwater Pollution Prevention Program. Recommendation: Adopt Ordinance 02022-026 and Resolution R2022-136. Discussion: As part of the Clean Water Act, the city is required to permit through the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) through the Small Municipal Separate Storm Sewer Systems (MS4) program. The MS4 general permit requires the city to prepare, manage and maintain a Storm Water Pollution Prevention Program (SWPPP). The city was extended coverage under the current permit on November 18, 2021 by the MPCA. A requirement of the permit is to update the city's SWPPP and official controls (ordinances and design criteria) to meet certain minimum requirements outlined in the permit. The MS4 general permit outlines minimum stormwater requirements related to the following topics: • Minimum Control Measure 1 - Public Education and Outreach • Minimum Control Measure 2 - Public Participation/Involvement • Minimum Control Measure 3 - Illicit Discharge Detection and Elimination (IDDE) Page 33 of 268 • Minimum Control Measure 4 - Construction Site Stormwater Runoff Control • Minimum Control Measure 5 - Post -Construction Stormwater Management • Minimum Control Measure 6 - Pollution Prevention/Good Housekeeping For Municipal Operations The city's regulatory mechanism includes City Code Chapter 54 Water Resources Management and the city's Design Criteria, which includes the technical provisions and design standards. In accordance with the MP CA requirements, City Code Chapter 54 and the Design Criteria have been revised to meet the requirements of the MS4 general permit. Budget Impact: Future budgets and Capital Improvement Plans (CIP) are expected to be revised to reflect the changes in the MS4 permit requirements. ATTACPEVIENT S : • Ordinance 02022-026 - City Code 54.16 and 54.49 - Tracked Redline • Ordinance 02022-026 - City Code 54.16 and 54.49 • Resolution R2022-136 - Design Criteria and SWPPP o Design Criteria - Tracked Redline o Design Criteria Page 34 of 268 ORDINANCE 02022-026 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 54.16, STORMWATER AND URBAN RUNOFF POLLUTION CONTROL AND CHAPTER 54.49, INSPECTION OF EROSION CONTROL PLAN THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 1: Chapter 54.16 and 54.49 of the Shakopee City Code is amended to read as follows: CHAPTER 54: WATER RESOURCES MANAGEMENT 54.16 Stormwater And Urban Runoff Pollution Control A. Illegal disposal, discharges, and connections. 1. No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, other landscape debris, or anything other than stormwater into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, or storm drain. The following discharges are exempt from discharge prohibitions established by this section: a. Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; b. Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; c. Discharges associated With dye testing, however this activity requires verbal notification to the city prior to the time of the test. d. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. 2. No person shall cause any illicit discharge to enter the city stormwater system. For the purpose of this chapter, ILLICIT DISCHARGE is as defined in the city's stormwater pollution prevention plan (SWPPP) completed for the city's municipal separate storm sewer system (MS4) permit. 3. No person shall use any illicit connection to intentionally convey non-stormwater to the city stormwater system. a. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. Page 35 of 268 b. A person is considered to be in violation of this chapter if the person connects a line conveying sewage into the storm dram system, or allows such connection to continue. 4. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets, or a storm drain system may occur. B. Suspension of MS4 access. 1. Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. 2. Suspension due to the detection of illicit discharges. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city. C. Monitoring of discharges. 1. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. 2. Access to facilities. a. The City of Shakopee or its designee shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city. b. Facility operators shall allow the city or its designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. c. The city or its designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and sampling of the facility's storm water discharge. d. The city or its designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and sampled shall be promptly removed by the operator at the mitten or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator. Page 36 of 268 f. Unreasonable delays in allowing the city or its designee access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. g. If the city or its designee have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. D. Salk Storage, Sallt must be stored so that it does not pollllute stoirirnnwater runoff, At a minimum,. the ....::pllll.awviing_.re°quuiirk*irk:e..it:nits...: for ...-sa11t.....storage, ....irr. .:t....be met: ... Designated sallt storage e areas must be covered or lindoors. 2. Designated sallt storage areas must I..e (located on an impervious surface, 3. Practices must be urn Ilemeinted to reduce ex osuuire of sallt when tirarnsfeirirliin irmateiriall designated sallt storage areas eo o swee rlin diversione> and oir containment,o Post Construction SRorrxau-+✓ater Manage r rer t. Permanent stormwater best management practicesABMPs1 must be maintained to provide the level of function as designed. Watercourse protection. Every person owning or occupying premises through which a watercourse passes, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or occupant shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (-,Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the personal or phone notice. If the discharge of prohibited materials originates from an industrial establishment, the owner or operator of such establishment shall also retain an on - site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least three years. . -Enforcement. 1. Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written Page 37 of 268 notice of violation to the responsible person. Such notice may require without limitation: a. The performance of monitoring, analysis, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; e. Payment of a fine to cover administrative and remediation costs; and f. The implementation of source control or treatment BMPs. 2. Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination to the City Council. The notice of appeal must be received within 15 days after the date of the notice of violation. Hearing on the appeal shall take place within 30 days after the date of receipt of the notice of appeal. The decision of the City Council shall be final. 3. Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days after the decision of the City Council, the city may enter upon the subject property and take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the property for the purposes set forth above. 4. Cost of abatement of the violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the City Council or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. 5. Injunctive relief. If a person has violated or continues to violate the provisions of this chapter, the city may petition the district court for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. 6. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. 7. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 8. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable Federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (Ord. 972, passed 10-17-2017) Penalty, see Shakopee City Code Section 54.99 Page 38 of 268 54.49 Inspection Of Erosion Control Plan The city will make periodic inspections of the site to ensure compliance with the erosion control plan. A. The permittee or his/her agent shall ensure that a trained and certified person will regularly inspect the construction site at least once every seven days until final stabilization and within 24 hours of a rainfall event of one-half inch or greater in a 24 hour period. At least one „individual „ present on the site tor available to the plro'ect site lien three 3 calendar daysdaykl must be trained in the job duties in accordance with the NPDES Colnstructilon Storrnwater General Permit. Any ad°ustrrnents to the insectiloinschedule must be in accordance with the NPDES Construction Storrnwater General Permlt. All inspection and maintenance activities conducted on the site during construction must be recorded in writing and retained within the erosion control plan and provided to the city. Records of each inspection and maintenance activity shall include the following; 1. Date and time of inspection; 2. Name(s) of persons conducting the inspection; 3. Findings of inspections, including.seen,ci„ffil.c....110,oath,n....wlhere_,uirlrectii.ve....a_ct:Ilr:?.!ns....a.ire me ".dedIreGoN H m.erIII4jtiira ,s........... o4;r a.ctive....a€ lll. 4. Corrective actions taken, including the dates, times and the name of the party completing the corrective action; 5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour periocL Rainfall amounts must be obtained by either a properly maintained rain gauge unstapled onsitt-L a weather station that its within oirne, Myrtle of Vocatlia:rlrn or a weather reporting s stem that provides site specific rainfall data from radar summaries; and 5-6. if discharge is observed durft)g the iins pectliorn true inspector must doculnroelrnt photograph and describe location of the diisclhar:e V,ea color, odor settlled or sus ended solids oil slhe€.n arnd other olhvious llrndlicators of polllutarnts ° arnd 677.::...Documentatier44 any suaralrhges.....0 r.,.......t.o-..:t....e....e.....iifyn....an..l....sed4urr elrt...ee-ia-tfe..l. Inarn'nelrndlme is to the SWIPIPIP proposed as a result of the inspection within seven PI calendar days in accordance with the INIPIDIE:S Construction Storrnwater General IPelrrmnilt. B. Site and BMP maintenance. Prior to any construction, the developer shall provide the Public Works Director with a schedule for erosion and sediment control inspection and maintenance, including schedules for street cleaning, and street sweeping. All site and BMP maintenance activities must comply with the requirements of the NPDES co..i 4lr+Luc-tilo.lra-.. oinstiruuc iolrq Strrrlrm..wa:..lr..-Ggeneral IP:permit. The applicant shalll..irepaillrx....ira pI[ace oll:....supplement ....a.11.11. nonfunctional BIIViIIPs with functional BIMIPs by„the end of the next Ibuasillrness day after discover unless another tliirne frame is specified bellow or is in the NPDES Construction Stoirlrmnwatc:lr enneralll....Perm iit.... ,.ve.y:t.figP f ....a.n:.a.d....eorn, rll-y.....w.li.th-...t- e•-fa.l. a li..rg....4 M.p.....lr naial -JaarirGe-rrectujipairn-lep454 1. Silt fence and peri..re..er courts of devices. All silt fences and perimeter coirntroll devices must be repaired, replaced or supplemented when they become nonfunctional or the sediment reaches one-half of the height of the fence...o?Ir..cyGcry;. Repairs shall be made by the end of the next business day after discovery or as soon as field conditions allow access. 2. Temporary and pe rrara......t sediment basins. Temporary and permanent sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin reaches one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as field conditions allow access. Page 39 of 268 3. Surface waters and conveyance systems. Surface water, including drainage ditches and conveyance systems, must be inspected for visible signs of sediment being deposited by erosion. The applicant must remove all sediment deposited h.......0 „_surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas of exposed soil as a result of sediment removal. The removal and stabilization must take place within seven days of discovery unless legal, regulatory or physical access constraints prevent remediation. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work. 4. Streets and paved surfaces. Where vehicle traffic leaves any part of the site, the exit locations streets and curb and gutter systems within and adl.a�,eint to the project must k....................................................................................................................................... fix........................................... W................................................................................................................................ k.................................................................................0.................... N.................... be inspected for visible signs of off -site sediment tracking onto paved surfaces. The construction entrance pad BMP must remain clean and tracked sediment must be removed from all off -site paved surfaces as soon as possible or within 24 hours of discover .ir lif appliicalble within a shorter time to avoid a safety.hazard to users of 5. General maintenance. The applicant shall be responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as erosion prevention ...prac,tuc sca+ sediment control ...practices ....and ......pollution ...prevention management measures-B. ••Rs for the duration of the construction work on the site in accordance with the NPI)I.::S Construction Stormwateir General Permit. The applicant remains responsible until another party has assumed control over all areas of the site that have not established final stabilization and a Notice of Termination (NOT) has been submitted to the Minnesota Pollution Control Agency. 6. Infiltration areas. All infiltration areas must be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction caused by construction equipment driving across the infiltration area. (Ord. 972, passed 10-17-2017) Page 40 of 268 SECTION 2: Effective Date: This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of November 2022. Mayor of the City of Shakopee ATTEST: City Clerk Published on The City of Shakopee website on the 4th day of November 2022. Prepared bv: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 41 of 268 ORDINANCE 02022-026 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 54.16, STORMWATER AND URBAN RUNOFF POLLUTION CONTROL AND CHAPTER 54.49, INSPECTION OF EROSION CONTROL PLAN THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 1: Chapter 54.16 and 54.49 of the Shakopee City Code is amended to read as follows: CHAPTER 54: WATER RESOURCES MANAGEMENT 54.16 Stormwater And Urban Runoff Pollution Control A. Illegal disposal, discharges, and connections. 1. No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, other landscape debris, or anything other than stormwater into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, or storm drain. The following discharges are exempt from discharge prohibitions established by this section: a. Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; b. Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; c. Discharges associated With dye testing, however this activity requires verbal notification to the city prior to the time of the test. d. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. 2. No person shall cause any illicit discharge to enter the city stormwater system. For the purpose of this chapter, ILLICIT DISCHARGE is as defined in the city's stormwater pollution prevention plan (SWPPP) completed for the city's municipal separate storm sewer system (MS4) permit. 3. No person shall use any illicit connection to intentionally convey non-stormwater to the city stormwater system. a. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. Page 42 of 268 b. A person is considered to be in violation of this chapter if the person connects a line conveying sewage into the storm dram system, or allows such connection to continue. 4. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets, or a storm drain system may occur. B. Suspension of MS4 access. 1. Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. 2. Suspension due to the detection of illicit discharges. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city. C. Monitoring of discharges. 1. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. 2. Access to facilities. a. The City of Shakopee or its designee shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city. b. Facility operators shall allow the city or its designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. c. The city or its designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and sampling of the facility's storm water discharge. d. The city or its designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and sampled shall be promptly removed by the operator at the mitten or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator. Page 43 of 268 f. Unreasonable delays in allowing the city or its designee access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. g. If the city or its designee have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. D. Salt Storage. Salt must be stored so that it does not pollute stormwater runoff. At a minimum, the following requirements for salt storage must be met: 1. Designated salt storage areas must be covered or indoors. 2. Designated salt storage areas must be located on an impervious surface. 3. Practices must be implemented to reduce exposure of salt when transferring material in designated salt storage areas (e.g., sweeping, diversions, and/or containment). E. Post Construction Stormwater Management. Permanent stormwater best management practices (BMPs) must be maintained to provide the level of function as designed. F. Watercourse protection. Every person owning or occupying premises through which a watercourse passes, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or occupant shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. G. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the personal or phone notice. If the discharge of prohibited materials originates from an industrial establishment, the owner or operator of such establishment shall also retain an on - site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least three years. H. Enforcement. 1. Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written Page 44 of 268 notice of violation to the responsible person. Such notice may require without limitation: a. The performance of monitoring, analysis, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; e. Payment of a fine to cover administrative and remediation costs; and f. The implementation of source control or treatment BMPs. 2. Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination to the City Council. The notice of appeal must be received within 15 days after the date of the notice of violation. Hearing on the appeal shall take place within 30 days after the date of receipt of the notice of appeal. The decision of the City Council shall be final. 3. Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days after the decision of the City Council, the city may enter upon the subject property and take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the property for the purposes set forth above. 4. Cost of abatement of the violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the City Council or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. 5. Injunctive relief. If a person has violated or continues to violate the provisions of this chapter, the city may petition the district court for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. 6. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. 7. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 8. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable Federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (Ord. 972, passed 10-17-2017) Penalty, see Shakopee City Code Section 54.99 Page 45 of 268 54.49 Inspection Of Erosion Control Plan The city will make periodic inspections of the site to ensure compliance with the erosion control plan. A. The permittee or his/her agent shall ensure that a trained and certified person will regularly inspect the construction site at least once every seven days until final stabilization and within 24 hours of a rainfall event of one-half inch or greater in a 24 hour period. At least one individual present on the site (or available to the project site in three (3) calendar days) must be trained in the job duties in accordance with the NPDES Construction Stormwater General Permit. Any adjustments to the inspection schedule must be in accordance with the NPDES Construction Stormwater General Permit. All inspection and maintenance activities conducted on the site during construction must be recorded in writing and retained within the erosion control plan and provided to the city. Records of each inspection and maintenance activity shall include the following; 1. Date and time of inspection; 2. Name(s) of persons conducting the inspection; 3. Findings of inspections, including specific location where corrective actions are needed; 4. Corrective actions taken, including the dates, times and the name of the party completing the corrective action; 5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour period. Rainfall amounts must be obtained by either a properly maintained rain gauge installed onsite, a weather station that is within one (1) mile of location, or a weather reporting system that provides site specific rainfall data from radar summaries; and 6. If discharge is observed during the inspection, the inspector must document, photograph and describe location of the discharge (i.e., color, odor, settled or suspended solids, oil sheen, and other obvious indicators of pollutants); and 7. Document any amendments to the SWPPP proposed as a result of the inspection within seven (7) calendar days in accordance with the NPDES Construction Stormwater General Permit. B. Site and BMP maintenance. Prior to any construction, the developer shall provide the Public Works Director with a schedule for erosion and sediment control inspection and maintenance, including schedules for street cleaning, and street sweeping. All site and BMP maintenance activities must comply with the requirements of the NPDES Construction Stormwater General Permit. The applicant shall repair, replace or supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after discovery unless another time frame is specified below or is in the NPDES Construction Stormwater General Permit. 1. Silt fence and perimeter control devices. All silt fences and perimeter control devices must be repaired, replaced or supplemented when they become nonfunctional or the sediment reaches one-half of the height of the fence or device. Repairs shall be made by the end of the next business day after discovery or as soon as field conditions allow access. 2. Temporary and permanent sediment basins. Temporary and permanent sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin reaches one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as field conditions allow access. 3. Surface waters and conveyance systems. Surface water, including drainage ditches and conveyance systems, must be inspected for visible signs of sediment being deposited by Page 46 of 268 erosion. The applicant must remove all sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas of exposed soil as a result of sediment removal. The removal and stabilization must take place within seven days of discovery unless legal, regulatory or physical access constraints prevent remediation. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work. 4. Streets and paved surfaces. Where vehicle traffic leaves any part of the site, the exit locations, streets and curb and gutter systems within and adjacent to the project must be inspected for visible signs of off -site sediment tracking onto paved surfaces. The construction entrance pad BMP must remain clean and tracked sediment must be removed from all off -site paved surfaces as soon as possible or within 24 hours of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public streets. 5. General maintenance. The applicant shall be responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as erosion prevention practices, sediment control practices and pollution prevention management measures for the duration of the construction work on the site in accordance with the NPDES Construction Stormwater General Permit. The applicant remains responsible until another party has assumed control over all areas of the site that have not established final stabilization and a Notice of Termination (NOT) has been submitted to the Minnesota Pollution Control Agency. 6. Infiltration areas. All infiltration areas must be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction caused by construction equipment driving across the infiltration area. (Ord. 972, passed 10-17-2017) SECTION 2: Effective Date: This ordinance becomes effective from and after its passage and publication. Page 47 of 268 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of November 2022. Mayor of the City of Shakopee ATTEST: City Clerk Published on The City of Shakopee website on the 4th day of November 2022. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 48 of 268 RESOLUTION R2022-136 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ADOPTING DESIGN CRITERIA AND STORWATER POLLUTION PREVENTION PROGRAM WHEREAS, The City of Shakopee is a Small Municipal Separate Storm Sewer System (MS4) and is required to obtain authorization from the Minnesota Pollution Control Agency (MPCA) to discharge stormwater from the city through applying for coverage under the National Pollutant Discharge Elimination System (NPDES) MS4 General Permit; and WHEREAS, the latest NPDES MS4 Permit was issued on November 16, 2020 and expires November 15, 2025; and WHEREAS, the city applied for coverage under the MS4 permit and on November 18, 2021 the MPCA issued coverage to The City of Shakopee; and WHEREAS, the city is required to update their Stormwater Pollution Prevention Program (SWPPP) and official controls within 12 months of the date coverage was issued; and WHEREAS, the latest version of the City of Shakopee Design Criteria was adopted by the City Council through Resolution R2021-132 on September 21, 2021; and WHEREAS, the city's Design Criteria and SWPPP has been updated to meet compliance requirements established by the NPDES MS4 Permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: that it hereby approves and adopts the revised Design Criteria and SWPPP. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of November 2022. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 49 of 268 City of Shakopee Design Criteria Revised: May 4, 2004 by Resolution No. 6041 Revised: April 4, 2006 by Resolution No. 6391 Revised: September 2, 2008 by Resolution No. 6805 Revised: October 17, 2017 by Resolution No. 7933 Revised:....September 21, 2021 by Resolution No. R2021-13-- 132 f .evliso� : II' ovemlbeir 15 2122 byllResollution No,. If 2022 136 City of Shakopee Design Criteria Page 1 Page 50 of 268 Table of Contents Design Criteria and General Plan Requirements - Grading, Street and Utility Improvements Sect. 1 General Sect. 2 Grading Sect. 3 Erosion and Sediment Control Sect. 4 Storm Sewer Sect. 5 Sanitary Sewer Sect. 6 Utilities Sect. 7 Street Lights Sect. 8 Streets and Alleys Sect. 9 Sidewalks and Trails Sect. 10 Lots and Blocks Sect. 11 Plan Standards Sect. 1— General The requirements contained in this document are minimum general requirements for new construction. The City Engineer may require additional information and increase the minimum requirements on any project. Sect. 2 — Grading 1. General. The grading and erosion control plans shall conform to the most recent editions of "Minnesota Stormwater Manual" and the City of Shakopee "Local Surface Water Management Plan" or as modified herein and the City's most recent Standard Detail Plates. 2. Grading and Erosion Control. A. The minimum allowable grade in non paved areas is 2%. B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot vertical (3:1). C. Driveway grades shall be less than ten (10) percent, and greater than one (1) percent. Driveway grades shall not be greater than six (6) percent within the right-of-way. Commercial and Industrial Driveway grades shall not be greater than six (6) percent for any part of the driveway. D. Lots shall be graded so as to provide drainage away from building locations. 3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of six (6) inches of topsoil including subsoil City of Shakopee Design Criteria Page 2 Page 51 of 268 scarification to a depth of four (4) inches. "l'olasoul must _preserved snsitc;unless infeasible. , Disturbed boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full easement width of all drainage swales leading to drainage structures on each lot (silt fence must be installed behind this sod). 4. Drainage. During the grading of the site, the natural drainage system shall be utilized as much as feasible for the storage and flow of runoff. 5. As -built Grading Plan. Upon completion of the grading, paving, and construction of subdivisions, a certified as -built survey of the grading shall be submitted to the City. This plan must, at minimum, show the existing locations and elevations of all street centerline and top of curb high points and low points, all lot corners, building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer structures, emergency over flows, high points in non - paved areas, ponding areas and watermain. The plan shall certify that all grading and erosion control is in confonnance with the approved plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as -built grading plan. No building permits shall be issued until these certified documents have been submitted and approved by the City Engineer. An electronic copy must be submitted in a format approved by the City Engineer. 6. Grading Permit. Grading Permits will be required, as described in Section 151.110 of the City Code. Prior to issuance of a grading permit, the applicant shall strictly adhere to the requirements set forth in Chapter 54 of the City Code. The applicant must submit a written application for stormwater management plan approval along with the site's stormwater management plan per requirements set forth in Chapter 54 of the City Code. The applicant must submit the appropriate wetland applications in accordance with the Minnesota Wetland Conservation Act (WCA) per requirements set forth in Chapter 54 of the City Code. 7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree preservation fence installed at the drip line of the tree(s). No grading, construction materials, or equipment will be allowed beyond this fence. 8. Plan Requirements. The following are specific requirements related to the development of grading and erosion control plans for the proposed development and adjacent land within two - hundred (200) feet unless noted otherwise: A. Show and label existing underground and overhead utilities. B. Show the location and indication of demolition or relocation of existing structures. C. Show lot corner elevations and benchmarks utilized. City of Shakopee Design Criteria Page 3 Page 52 of 268 D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with dashed lines and screened (e.g. half -toned line weight). The contours shall extend beyond the proposed plat boundaries a minimum of two -hundred (200) feet or as necessary to completely show the limits of a drainage basin not fully contained within the proposed plat. Ten (10) foot contour intervals shall be bold. E. Proposed contours shall be at one (1) foot or two (2) foot intervals shown with solid lines. Ten (10) foot contour intervals shall be bold. F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following: 1. Show the NWL and HWL for ponds and wetlands. 2. Show OHWL and DNR number if applicable. 3. Ponds shall be graded with 1(v):4(h) slopes from the HWL to NWL and include a ten (10) foot bench, sloping downward from the NWL at a 1(v): 10(h) slope. 4. Show the delineated wetland boundary. G. Show existing and proposed building footprints with proposed floor elevations. H. The lowest floor elevations of affected structures adjacent to outletted ponds shall be in accordance with the City's Local Surface Water Management Plan and/or Chapter 54 of the City Code. Show emergency overflow routes from all low points and show the high point elevation along emergency overflow routes. Show directional flow arrows. Emergency overflows shall be a minimum of one (1) foot plus the high flow elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent affected structures. J. Show limits of clearing and grubbing. K. For proposed retaining walls, identify top and bottom elevations of retaining wall. Retaining walls greater than four (4) feet in height shall be designed and certified by a licensed professional engineer. L. Show all lot numbers, block numbers, and drainage and utility easements. 9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be submitted outlining the proposed haul routes for the import and export of all materials to and from the site. All haul routes are subject to approval by the City Engineer. Sect. 3 — Erosion and Sediment Control 1. Purpose. The purpose of this Section is to promote the public health, safety, property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. City of Shakopee Design Criteria Page 4 Page 53 of 268 2. Administration. The Building Official or the City Engineer (depending on the land disturbing activity) shall be designated as the Administrator of this Section. 3. Activities Subiect to Erosion Control Measures. A. Any land disturbing activity in residential, multi -family, commercial or industrial zones shall be subject to erosion control measures and require a grading permit provided that: 1. An area of five -thousand (5,000) square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding fifty (50) cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than three -hundred (300) feet of trenching or earth disturbance. B. Any subdivisions that require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan, per requirements set forth in Chapter 54 of the City Code, on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion and sediment control measures are proposed. As a minimum, a topographic map showing existing and proposed contours, location of any natural watercourses and drainage ways, the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in compliance with National Pollutant Discharge Elimination System (NPDES) Construction Slormw;utci AeneralPermit requirements must also be submitted. D. At a minimum, the permittee shall meet the specifications set forth below and observe the standards established in the NPDES Construction Stot n. t;erGeneral Permit requirements. City of Shakopee Design Criteria Page 5 Page 54 of 268 1. Soil Stabilization: Soil stabilization shall be completed in a time period as specified by the NPDES c( onstruction Stonnwat r ( general ➢; permit and the city's general specifications and standards. The City of Shakopee may require the site to be reseeded or a nonvegetative option employed. 2. Seeding: Seeding shall be in accordance with seeding specifications. All seeded areas shall be fertilized and hydro -mulched or mulched and disc anchored as necessary for seed retention. 3. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of fourteen (14) or more days must be stabilized or covered at the end of each workday for:..... seven [7) or more days... for a.... sped or impaired waters).. Stockpiles shall include perimeter sediment controls and must not be placed in natural buffers or surface waters, including stoi uiwater conveyances wC•><ua0 , includes curb ...and..guttcu systems. .... Minimize ze then.ecd. to disturbance of t)Ou tuons of th.e..:. ujcct...:wuth stun slopes... hen........ steep slues must be disturbed, techniques such:.., as ..phasing. and stabilization practices designed .for steep slopes (.g, slope draining and terracing).ni:u,st be used. 45.. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent (90%) coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 6 Site Development Sediment Controls: Site development sediment controls practices shall include those identified in the City's general specifications including, but not limited to: a. Settling basins, sediment traps, or tanks. b. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. c. Perimeter control including machine sliced silt fence or other city approved BMP, which shall be in place before, during and after grading of the site. Fencing shall be removed only after seventy percent (70%) stabilization. d. Areas designated as a temporary construction staging area. 1. Temporary sediment basins: For sites that have more than ten (10) acres of disturbed soil that drains to a common location (or, five (5) or more acres for special or impaired waters), one or more temporary sediment basins shall be constructed2rior to...disturbance. Use of temporary basins is encouraged when construction projects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be designed and constructed as follows: a. Provide live storage for a calculated volume of runoff from a two (2)- year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more. b. For basins where the above calculation has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided for the entire drainage area of the temporary basin. City of Shakopee Design Criteria Page 6 Page 55 of 268 c. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants. d. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating debris. e. Ensure the basin can be completely drawn down to conduct maintenance activities. £ Include energy dissipation on the outlet of the basin within24h. urs a:ll:. _connection ,to a surface water and a stabilized emergency overflow to prevent failure of pond integrity. g. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained. h. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down -slope boundaries of the construction area and for side -slope boundaries where appropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan. Individual Construction Site Sediment Controls: Individual construction site sediment controls shall include: a. Rock construction entrance (driveway); b. Perimeter controls including silt fence in place before, during and after grading of the site. Fencing shall be removed only after proper turf establishment. g Waterway and Watercourse Protection: Waterway and watercourse protection requirements shall include stabilization of the watercourse channel before, during and after any in -channel work consistent with the City's general specifications. a. A temporary stream crossing must be installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. b. The watercourse channel shall be stabilized before, during, and within 24 hours after any in -channel work. fY floatation salt curtain.... placed An water.....:is not... a ngradient e perimeter ,ediment control BMP except when working on i shoreline or below the waterline, Immediately a to uhe short dcu-m counst:uuuuction, activity ie„g,, installation of u up..:r bpi aloe the....:shorelincp in that area is conlpkte pen rnuttees must install an upland_perimeter control practice Of e>.cposedsoils still drain toasuuntnc.water. d, For po:;ubluc waters that the Minnesota DNR has_promulgated `wopµlc....:u .rater..... restriction~" during wpeuuli&cfl.......,lu,h pawning tnu.;ue; perm1ltees must conupletestabilization ol all exposed soul areas,,;\ 200 1`eet of the wat ,r's edge,, and that drain to these with >Iu A 4, hc��ua5..._duuotu:.g tlluc ac,,�tuaQ gran pia rac�cB:.e. The normal...: wetted _perimeter of the bast 2(➢(D.....:0iie..r.....feet off:tLmnporary. or permanent drainage ditches or swat s that... drain. n. water.from the siite, City of Shakopee Design Criteria Page 7 Page 56 of 268 must be stabilized within 24 hours after connecting to a surface water orrproperty edge. The remaining...portion of temporary or permanent ditches or swales must complete stabilization vvithin 1.4 calendar days after connecting to a surfa.ce water or property edge ani'..1 construction thatportion of the ditch temporarily or perman.ently ceases. Temporary or permanent ditches or swales being used. as a. sediment containment system during construction iwith properly designed rock -ditch cheeks., bio rolls.„ silt dikes, ete.1 do nod: need to be stabilized. These areas must be stabilized within 24 hours after their use as a sediment containment system. ceases. T. MUECIL hydro mulch, tackilien polyacrylarnicie or similar erosion prevention practices mu.st not be used \vithin any Nihon of the normal wetted perimeter of a temporary. or .prmanent drainage ditch or swale section with a. contin.u.ou.s slope of greater than 2 percent eh. No in -water work shall be allowed in Public Waters during the MnDNR's work exclusion dates. Prior to placement of any equipment into any waters, all equipment must be free of aquatic plants and non-native animals. All on -site stormwater conveyance channels designed according to the criteria outlined in this document. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels is required. .910. Site Dewatering: Site dewatering shall be conducted pursuant to the City's general specifications document and the NPDES Construciion Storrawater General Permit. a.. Water pumped from the site shall be treated by temporary .g.r: permanent sediment basins, grit chambers, sand filters, or other controls as appropriate to ensure adequate treatment is obtained and that nuisance conditions will not result from the discharge. Discharges from the site shall not be released in a manner that causes erosion, scour, sedimentationi-or flooding of the site, or ad -verse impacts to receiving channels or wetlands. c. For discharge water C(Yntainingoil. orgrease, an oil -water separator or suitable tiltration device keg„, cartridgqiilters„ absorbents padslinust be used.prior to discharge. d. If a filter with. ba.ckwash water is used. with dewatering activities, the backwash water must be hauled away for disposal, returned to the beginning of the treatment process„ or incorporated into the site in a manner that does not cause erosion. Waste and Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or storm sewer system. a. Solid waste: All unused building materials and waste (including, but not limited to: collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, etc.) must be disposed of accordingly and shall comply with disposal requirements set forth by the MPCA. City of Shakopee Design Criteria Page 8 Page 57 of 268 b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must be properly stored, including secondary containment, to prevent spills, leaks or other discharges. Access to the storage areas must be restricted to prevent vandalism. Storage and disposal of hazardous or toxic substance must be in compliance with the requirements set forth by the MPCA. c. Liquid waste: All other non-stormwater discharges (including, but not limited to, concrete truck washout, vehicle washing or maintenance spills) produced during the construction activity shall not be discharged to any surface waters. d. External washing of equipment and vehicles: All external washing activities shall be limited to a designated area of the site. All runoff must be contained and wastes from external washing activities must be disposed of properly. No engine degreasing shall be allowed on the site. e. Wastes generated by concrete and other washout operations: All liquid and solid wastes generated by any concrete or other washout operations must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. Concrete waste must be disposed of properly and in compliance with applicable MPCA regulations. 2. Drain Inlet Protection: All storm drain inlets shall be protected during construction until all sources with potential for discharging to the inlet have been stabilized. Inlet protection measures must meet the City's standards and specifications, and the NPDES Construction Stormwater General Permit. 421.3 Energy Dissipation: Pipe outlets must have temporary or permanent energy dissipation within 24 hours of connection to a surface water or permanent stormwater treatmerr.....:^/§-te n. 1 . Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads, mud mats, slash mulch, concrete or steel wash racks, vehicle wash systems, or similar systems) must be installed to minimize track out of sediment from the construction site or onto paved.rlo..s within .........site. If vehicle tracking BMPs are not actively preventing sediment from being tracked into the street, the applicant must immediately utilize street sweeping to contain sediment within the project perimeter; then, the applicant must implement additional BMPs to prevent tracking. 141 Final Stabilization: Final stabilization is not complete until the following criteria are met: a. All land disturbing activities must be finished and all soils shall be stabilized by a uniform perennial vegetative cover with a density of 70 percent or greater of its expected final growth density over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. b. The permanent stormwater management system is constructed, meets all of the required design parameters and is operating as designed. c. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) have been removed. BMPs designed to decompose on site may be left in place. City of Shakopee Design Criteria Page 9 Page 58 of 268 d. For residential construction only, individual lots are considered finally stabilized if the structure(s) are finished and temporary erosion protection and down gradient perimeter control has been completed and the residence has been sold to the homeowner. e. For construction projects on agricultural land the disturbed land has been returned to its preconstruction agricultural use. 5. Performance Standards. A. General Standards. In general, this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. '..11e-perrnittees must not disturb more land (ie.„Phasing,1 than Construction Storm.water General Permit 2. Exposed soil shall be seeded and mulched in accordance with NPDES Construction Stormwater General Permit requirements. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5.The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation, -mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. 6. Sediment control BMP inus1 be established on all downgradient perimeters of the site and downgradient area of the site that drain to anysurtUce water, including...curb and.gutter sygerns„ Sediment control...practices .inust be located upgradient of any buffer zones.. Sediment control practices must be installed before any upgcadient land -disturbing activities begin and must keep the sediment control practices in...place until permanent cover is established. 7, Sediment conto l BMPs adjusted or removed to accommodate short-term activities such as clearing. Or grubbing.„ or .passage of vehicles„.must be re installed immediately after the short-term activity..is cGmpleted. The sediment control BMPs must be .re -installed -before the next precipitation event even if the short-term activity is not complete. Restrict vehicle and equipment use in any areas of the site where .final vegetative stabilization will occur to minimize soil compaction. 9, Discharges from f-'MPs must be directed to vegetated areas unless infeasible. 10. A 50 .foot natural 'buffer must be preserved or,if a buffer is infeasible on the sit, provide redundant (double).perimeter sediment controls when a surface water is located within 50 .feet of the project'ea fh. disturbances and stormwater flows to the surface water„ Perim.eter sediment controls must be City of Shakopee Design Criteria Page 10 Page 59 of 268 uuast��lled at least 5 feet art unless limited hylack of av t ul le *:Il pace uut�l ii: accordance with the Nhl)ES Construction Stormwater Genera ..................................................................................................................................................................................................................................................................................................................................................................................................................... :.... Pe u m flees must asepolymers, s, o uul uuntti, ou:....oth<r....sedim nta chemicals in accordance with the NP ES cicillstr action Stormwater Cpencral .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Permit. ............................................... 5712, Terms a:tiouu of the NIA ;S (.'on. tu°uction Storm watcr (ierueral Per: in accordance with the reamer huts utlin.cd in the B. Standards - Stormwater Runoff Erosion. muit:. 1. The natural drainage system shall be used when and wherever is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. IT the u uu~ s- owl,. five..... u ,ueso;...a wuc di-u ueuut....l uu } 11 be titi-liede 2. Silt fence shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to the MnDOT Standard Specifications and Plans. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps must be used to prevent erosion from entering the storm sewer system, and downstream water bodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any street by the use of rock construction entrances. C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one (1) foot vertical. 2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. City of Shakopee Design Criteria Page 11 Page 60 of 268 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust, with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established in accordance with NPDES C OD S trUCD on..... t orrnwater....GOD er l....Permit requirements. 6. Maintenance of Erosion Control Measures. A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure and BMPs, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit in accordance with current City requirements to guarantee the faithful execution of the grading and erosion control plan. This security shall be in the amount of one -hundred twenty-five (125) percent of the costs for grading, the construction of all erosion control devices and site restoration or City of Shakopee Design Criteria Page 12 Page 61 of 268 $1,000/disturbed acre, whichever is higher, including the costs of City construction observation and administration (as approved by the City Engineer). The City is authorized to draw against this security in the event the grading and erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to violate, neglect or refuse to comply with the requirements of this Section. In addition, if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so, a "stop work" order may be issued to all work on the site until such times as adequate measures are implemented. Sect. 4 — Storm Sewer 1. Design Criteria. A. The design criteria, policies, and objectives shall be those described in the City's "Local Surface Water Management Plan". No existing ditch, stream, wetland, pond, drain or drainage canal shall be deepened, widened, filled, re-routed or filled without approval from the City Council. B. Storm sewer shall be designed to have a minimum full flow velocity of three (3) feet/second unless otherwise approved by the City Engineer. C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum diameter of forty-eight (48) inches. 2. Pond Slopes. Pond slopes b€••hrw betweer. the HWL and NWL shall not be steeper than four (4) feet horizontal to one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten (10) feet horizontal to one (1) foot vertical Pond. Slopes below the safety: bench shall not be steoptrthan three 4, 1 feet ..:horizontal to..._oriel. 1:..,) ffoot....:va vertical 3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation, must be prepared and submitted that meets City drainage standards. Outlined below, please find a listing of information to be submitted: A. Drainage reports and studies shall include an overall drainage plan. The information listed below, if not shown on the drawings, shall be included in the report. The use of appropriate forms and design aids is recommended. 1. Runoff rate and ponding calculations for the site for the two (2) year, ten (10) year and one -hundred (100) year rainfall events and the one -hundred (100) -year, ten (10) day snow melt event. These computations should be provided for both the existing and future conditions, or as necessary to demonstrate compliance with the City's Local Surface Water Management Plan. Computations shall identify the critical duration of the rainfall events. 2. Open channel flow calculations/computations. 3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall event. City of Shakopee Design Criteria Page 13 Page 62 of 268 4. Culvert design flow calculations for the ten (10) year and one -hundred (100) year rainfall events. 5. Summation of all design variables used and design assumptions made. Soil classification reports and depth of underground water table throughout the study area when detention or retention ponds are used. J 1lc PC;........flow ........chart .........for dLter it»ing..:i infiltration is allowed or appropriate in a D nkin Wat .p::..., ufply J a�.n. gciu. nt Area f.PWSNIA1. The boundary and designation of all tributary drainage areas and the area of each in acres. The designation and location of each design point referred to in the calculations. -10, The reference source and a copy of all other monographs or design aids used in the calculations. B. The preliminary drainage report shall be approved by the City Engineer prior to Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will consist of calculations, comments and descriptions and an area map in digital PDF format. Calculations shall include the two (2) year, ten (10) year, and one -hundred (100) year rainfall events and the one -hundred (100) year, ten (10) day snow melt event calculations of all tributary areas to the development, all collection points within the development and all points discharging from the development. The map shall be a topographic map of both the development and all areas tributary to the development. The map shall show the total acreage and anticipated runoff rates at all points noted in the calculations. In addition, the map shall show the proposed location of all drainage facilities to be located within the development and their relationship to existing facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400' may be used to limit the drawing to one sheet. C. A final drainage report shall be submitted and approved in conjunction with construction drawings. The study shall include calculations and a drainage map of the development in digital PDF format. Calculations shall address all aspects of runoff, retention, detention, channel flow, or other appropriate information that is necessary for the design of the drainage system. The drainage map shall be prepared on the overall grading plan for the development. It shall illustrate the drainage patterns in the development as well as the location of all drainage facilities within the development. The map shall also show the runoff rates and acreage tributary to all collection points within the development. When intersections serve as collector points, the flow in each curb line must be noted. This drawing may use scales from 1" = 50' to 1' = 200', in order to limit the drawing to one sheet. When more than one sheet is used a scale of 1" = 200' shall be utilized. D. An overall drainage plan of the study area, including all areas outside of the study area, which contributes runoff to the study area and all downstream areas, which will be effected, by runoff from the study area, must be submitted. Drainage area plans shall be submitted showing the effects of the two (2) year, ten (10) year and one (100) year rainfall events and the one -hundred (100) year, ten (10) day snow melt event. City of Shakopee Design Criteria Page 14 Page 63 of 268 E. The following methods shall be used to verify the adequacy of designs submitted for approval: The method used shall be approved by the City Engineer. 1. Rational method for storm sewer design computations and peak discharge rates from a single isolated watershed. 2. Urban Hydrology for Small Wetlands Technical Release No. 55 and Technical Release No. 20 published by Soil Conservation Service, U.S. Department of Agriculture. 3. HEC-1, HEC-2, or HEC-RAS. 4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S. Department of Agriculture. 5. Stormwater treatment ponds designed to NURP standards. F. The following criteria shall be utilized in the analysis of the drainage system. 1. Runoff analysis shall be based upon proposed land use, and shall take into consideration all contributing runoff from areas outside of the study area. 2. The analysis of storm runoff from existing developed areas lying outside of the study area shall be based upon present land use and topographic features. 3. All undeveloped land lying outside of the study area shall be considered as fully developed based upon the most probable anticipated future land use. Provided, however, that whenever the future land use of a specific undeveloped area cannot be accurately predicted, the average runoff coefficient to be used in said area shall not be less than 0 60 for the Rational Method runoff coefficient or an approved equivalent value for any other method. 4. The probable future flow pattern in undeveloped areas shall be based on existing natural topographic features (existing slopes, drainage ways, etc.) and shall conform to the Local Surface Water Management Plan. 5. Average land slopes in both developed and undeveloped area may be used in computing runoff. However, for areas in which drainage patterns and slopes are established, these shall be utilized. 6. Flows and velocities which may occur at a design point when the upstream area is fully developed shall be considered. Drainage facilities shall be so designed such that increased flows and velocities will not cause erosion damage. 7. The use of on -site detention and natural drainage ways is recommended and encouraged whenever possible. The changing of natural drainage way locations will not be approved unless such change is shown to be without unreasonable hazard and liability, substantiated by thorough analysis and investigation. 8. The planning and design of drainage systems shall be such that problems are not transferred from one location to another. Outfall points shall be designed in such a manner that will not create flooding hazards downstream. The rainfall intensities to be used in the computation of runoff shall be obtained from the Intensity - Duration - Frequency Curves for the Shakopee area in City of Shakopee Design Criteria Page 15 Page 64 of 268 accordance with Atlas 14 data and shall be based upon a two (2) year, ten (10) year and one -hundred (100) year return frequency. CTIE1 V;'➢ac cv °;fat dcplla to b: urscc9:..,for the on c event is 7.4 inches. 00, year, tcrn uvmelt All lateral storm sewer facilities shall be designed to accommodate a ten (10) year rainfall event. The initial ten (10) year storm shall be conveyed without surcharging the system. Low points on streets shall be designed with an acceptable emergency overflow route. h . Storm sewer pipe for all public systems and connection to public systems shall be reinforced concrete pipe (RCP), unless otherwise approved by the City Engineer. The roughness coefficient Vic neat..d:or ..0 Q' shall be assumed '0 0...13... Connections to existing manholes or catch basins shall be core drilled. lc:J Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter. Plastic pipe is prohibited. All storm sewer shall be at least fifteen (15) inches in diameter. When a smaller sewer joins a larger one, the invert of the larger sewer should be lowered to maintain the same energy gradient. An acceptable method for securing these results is to place the 0.8 depth point of both sewers at the same elevation. N.O. Storm sewer placed in non -paved areas must be placed on property corners and property lines when possible. The storm sewer lines for backyard inlets must be directed to the streets along side -yard property lines and avoid using rear -yard property line alignments where feasible. ) P. Catch basins in non -paved areas must be placed so as to minimize standing water. The spacing and locations are subject to the approval of the City Engineer. PA)w Stormwater management requirements for permanent facilities. Storm wate rrrarrll a.ge.rr".r.0rnen"➢.ts for permanen required for proposed d land disturbing or dove;➢oprrneuat activity .hat creates,,,,, 5,000 sf of new impervious area or more, or where the sum of the new.... impervious s surface and the fuully rccora,struucted impervious surface cquo.; .ts ganne or more acres. Fully reconstructed impervious surface are areas where i pervnorrs surfaces have been removed down to the urr der ynru .soils:...... Activities such as structure tuur renovation, novatio....., mill and overlay ➢gay pu,odc cts, a:rrc,,,,,, at bacr...:p.evcnru;errt uc➢a;;; bnVut.a;aaonr p...L cts,,;llrat �i;cr„ trot cxpose..1.b.. uunnncftcrlynru:g,..... soils ben tln:..,,t➢ e strrrctuur ea pave rant, or activity are not considered luull...... reconstructed. Maintenance activities such as catch basin ................................................................................................................................................................................................................................................................................................................................................................................................ repair/t;eplacement.a.:autnlnt:`�/....repit/teplaceme nll Vanpe...:Il;emir/replae, nracnal.�..... 1;rgbtinigr. and ...pedestrian ramp ap improvements not :considered full :'...... reconstructed. City of Shakopee Design Criteria Page 65 of 268 Page 16 1,;2, .AAn applicant shall install or construct, oru- on for the p -- 14 fiRturbing or dreveleprAlt . t:iv y all stormwater management facilities necessary to meet the criteria of the city's Local Surface Water Management Plan, Design Criteria, and the NPDES Construction ian;nnww icn;r,,.General Permit. No private stormwater facilities will be approved by the city unless a maintenance plan and maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the City Engineer, an applicant may make an in -kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by 1 or more persons, including the applicant. 2-3 Proposed Stormwater Management Plans shall incorporate volume control, water quality control, and rate control as the basis for stormwater management in the proposed development plan on sites without restrictions. All proposed projects shall be in conformance with the City of Shakopee's Local Surface Water Management Plan, Design Criteria, and the most current requirements of the Minnesota Pollution Control Agency (MPCA) Municipal Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more restrictive criteria. a. Volume Control. Volud ctnonn:.l radices (el.,- .... nrnfnnonn... t:... otha ➢..to retain tlae...volu:rne control criteria Qmsnt....must be onsndcred first when designing the permanent strcn;rnnwaler.... lent astern,Ponds and Idtration systerrits are ...:not conasidenmcd..... volume reduction practices. ar 1p;roj ct is construction ol new or l-a:ully u.ec.nnstra;octe d roads, grails, su;.dewa .s, or rail lines,,,,,. that are not part of a cor uunon plan of_development or salcr For e xarau„plc, u....ds being constructed concurrently_ untly with a new.:.... residential develo entare not considered linearprojects be ......... thg.y are pant; of a common n plan ofdevelopment Or sale. Construction activA cAeludirigjinear projects ) where e tlnc stall or the new impervious vio;au,s surface annd the p.. ly re onsti uvious surface ecluals one or more acres. le-w Dc::ve lopu rat-. .1;:¢n. u wp rneau= lea oie t ... a+nil t :u:.... devve.lopme....... sStormwater runoff volumes will be controlled and the post -construction runoff volumes shall be retained on site for 1.0 inches of runoff from the new .................................................. impervious surface and truly reconstructed urrnpervio......... ` Urfal e,al:l impervious surfaces, arnstnu;ctaoUactivity (excluding linear ,p;uolect l wln :nc the s he new impervious surthee and the fully ne ounsnn.; „r vious surface ace is less than one acre. cause City of Shakopee Design Criteria Page 66 of 268 Page 17 i„.t.) Storm water runoff volumes will be controlled and the post -construction runoff volumes shall bc,', retained on site for 1„0 inches of runoff frorn the new impervious surface. Linearplojects where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or a The runoff volume that shall be retained on site is the larger °Ione (1) inch times the new impervious surface, or one-halfjp.5) inch times the surn of the new and the fl0C acres, fully reconstructed impervious surface. iv. Linear Egjects where the sum of the new impervious surface and the fully reconstructed iinpervious surface is less than one acre. Stormwater runoff volumes will be controlled and the post -construction runoff volumes shall be retained on site v. For linear...projects, where the entire water quality volume attempt to obtain additional right-of-way, easement„or other permission to treat the storrm•ater during the...project planning process must be rnade. Volume reduction practices must be considered nrst. Volume reduction...practices are not required ir the practices cannot be...provided cost effectively. If additional •right-oflway„ casei-nents„or other...permission cannot be obtained.„. owners of construction activity must maximize the treatment of the water quality volume plior discharge 110111 the MS4. kedeve.. . Fef fFftWel'ef...ftifili34..A4'6 :les .e.e ifiapepiEletts.....s..4.:.rfaee.s-...efeffted...by.....the.pfojeet. T.'.4444 feekeflo÷F..frem-... stoffriwi ,fflieg.ernent...11Elfy. diX111: — ...itts-iffa.1-...s4efffrivatef ubder City of Shakopee Design Criteria Page 67 of 268 Page 18 Wh.C.Fe g-fettitidwatef-w -11e--t--nebET fIFYVii4:ef7. .2)------S4tfifflwatef-fliseltiefges. 4 Tele-.1--Stnipefided-StAids--E-T-S-S" lwaitef--EliiftiNifges--ef-Tetal-Pheist -ETP); b. Water Quality Control. Tzen-New-Deve. friefit--and--Redevelopfnef&T. the water quality control standard shall be considered satisfied if the volume control standard has been satisfied. In the event that it is infeasible to meet the volume control standard due to contaminated soils, site constraints, etc., the proposed plan will need to .Pclitai demonstrate the TSS and TP loading...from pxoposed conditions is equ.a.l. to or less than existing....condition.s4--arkl-- ,-feciewlepment--the-- TP lealing-s. (Non -Permit method — alternative method with little to no additional modeling required). Methods for meeting these requirements in the decreasing order of preference: i. Credits and site design practices to minimize the creation of connected impervious surfaces are used to the extent practical. ii. Underdrains to promote filtration instead of infiltration. iii. Off -site infiltration. iv. On -site wet detention with permanent pool volume below the normal outlet that is greater than or equal to the runoff from a 2.5 inch, 24-hour storm over the entire contributing drainage area, assuming full development. —Rate Control. Rate control measures are required on New -new entdcyclopment.--eimi linear projects„ The city will require the following criteria for d sell a ize ra tes .ffteet- quitintity efitieft a- ef 4.4-1fe. tate ei-ty Leeal-guffa-ee--W4ef--.Mat-efnen:f-P-lafh-- Pro.posed &vet pment is required to limit: the 2-y-ea.r„ 0-year„ and 100-year critical storm events to not exceed .the existing. conditions runoff rates. vi. the Jackson. 'Township annexation arca, development is revired to limit the 2-iyeat, 0--;yeat:, and 100-year critical storm. events to the_pre-settleinent rates. This can be accorriplished with local or regional detention facilities. 'Tine followirw curve numbers shall be used. to analyze...pre-settlement conditions. Soil (..;ro1.111 ..................................... Runoff (..,'urve NI.Iiiruibers 30 TEi . 55 ' 71 1E) .......... 77 v ii. in newly developing watershek, measures shall be taken to limit runoff rates generated by any subwatershed to tile rates *..pecitied in the Storrnwater Management Plan for the City, or 9 City of Shakopee Design Criteria Page 19 Page 68 of 268 the planclots aaot spc aly a mate the disc luuaagac nartc sh anlcl be..... ccl lca 1/ 3 cts per ....acre for 100-year ct atna al a.aapatcraa events. vim 1'a a newly developingor redeveloping in,g areas v a hin . aultic Drainage s.y5tern dowa stacao u of Deans 1 ak ,,,, a y of the City of Shakopee that the zaxim um peak discharge rate will :.._be limited to.....a.'maximum 01 0 25 cls per acre in a 1,00:::: ,a:r storm. ax. For newly wl.:y developing or n cu cvcllc p.a i g an;a a5 wl hin the 111aaa ..... Lake Drainage system upstream of >(Deaaa, [ al c nt ns 1➢ac pol a✓y.... x. `tlnv City of Shakopee that thc nna aximum pacalk dn5a;,110.aagv rate..... wall be limited to a maximum gal0....1 cts.pea acre an a 1:.00 ye4an:.... storm. ......................................... X. ..n atta_anppat will he. n;raaad.c to daa aat 1p c pe adc discharge reset from adl. newly ...4 vc.opkgp...pcaty..o:an tlnc 3pa.ac Lake District anlnstream of Deans 1.aakc to approximately ly 1/20 cls for rainfall events having_ aatlensatu s relating; to.._a 10 y.arau return frequency event. Pond design standards. Stormwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and identified as follows: 1. A permanent pool (dead storage) volume below the principal spillway (normal outlet) which shall be greater than or equal to the runoff from a 2- 1/2 inch rainfall over the entire contributing drainage area assuming full development; 2. A peiinanent pool average depth (basin volume/basin area) of 4 to 10 feet; 3. An emergency overflow (emergency outlet) adequate to control the 1% frequency/critical duration rainfall event; 4. Basin side slopes he.lowbetween the 100-year high water level and th NWT, should be no steeper than 4:1, and preferable flatter. A basin shelf with a minimum width of 10 feet and 1 foot deep below the normal water level is recommended to enhance wildlife habitat, reduce potential safety hazards, and improve access for long-term maintenance, 13el w:...:1 safety. bench, th pond slopes shall be no steeper than 3 :I1 5. To prevent short-circuiting, the distance between major inlets and the normal outlet shall be maximized; 6. A flood pool (live storage) volume above the principal spillway shall be adequate so that the peak discharge rates meet the requirements of the city's Local Surface Water Management Plan; 7. Pond outlets may not be smaller than the minimum size indicated in the city's Local Surface Water Management Plan; 8. Consideration for aesthetics and wildlife habitat should be included in the design of the pond; 9. A skimming device must be provided to deter floatable pollutants from discharging out of pond; 10. Design of stormwater facilities shall accommodate the 100-year critical event (100- year, 24-hour storm event or 10-day snowmelt event). This includes lakes, ponds, and their outlets; and City of Shakopee Design Criteria Page 20 Page 69 of 268 11. Pond normal water level elevations shall be established above the ordinary high water level of adjacent public waters, except where topography of the site, floodplain mitigation activities, or other design considerations are determined to be unfavorable for these conditions to occur. This determination shall be performed by the applicant's engineer and approved by the City Engineer. Infiltration design standards. Best management practices to manage infiltration will be required to the maximum extent practical. 1. Volume control BMPs must be incorporated into the project design to minimize the creation of new impervious surface and reduce the existing impervious surfaces, minimize the amount of directly connected impervious surface, preserve and improve the infiltration capacity of the soil, and limit increases in runoff volume exiting the site to the extent feasible considering site -specific conditions. 2. When using infiltration for volume reduction, runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, infiltration benches or infiltration basins. A site investigation must be conducted confirming adequate infiltration parameters. For surface infiltration BMPs, the maximum infiltration depth is 1.5-ft. A post construction percolation test must be performed on each infiltration BMP and must demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate prior to the acceptance by the city. 3. The maximum extent practical required may be less if the City Engineer determines that 1 or more of the following conditions apply. If 1 or more of the following conditions apply, the City Engineer shall quantify the amount of infiltration that will be deemed as the maximum extent practical for the site: a. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater; b. The site's drainage course is to regional infiltration or detention facilities controlled by the city that reduce runoff volumes; c. The development of the site does not increase the site's impervious areas; or d. Other site conditions that make the infiltration of stormwater impractical as determined by the City Engineer. 4. Infiltration will be prohibited where the infiltration BMP will be constructed in any of the following areas: a, . ece ves disc haarges from veh cie fueluua Viand un t at q regardless crd the amount new and ;�aully re o sin surface, ..a........................................Where .....:h: tat....l °:ark°.:d.:. mobilized ........ley f.uc unfrltuaatung stormar teas To make ........this determination, t1Maowners and/or iperatoo...._of coa i tion activity. must ...._complete tla,t Ag,c;ubc y s site screening assessment mennt checklist, which is availlabl.c....1M nnesotaa Stormwater Manual, or conduct. City of Shakopee Design Criteria Page 70 of 268 Page 21 .5. their own assessment. -File assessment must be includedin„Alle„ storni water management _plan; 'Where soil infiltration rat.c.s are more than 8.3 inehes_perbotillinh must be aniended to slow the infiltration ratel2d2wALineheLpet hour, d. With less than three (3) feet of separation dislance_fram_thelattam of the infiltration system to the elevation of the seasonally sattmiled soils or the tap of bedrock,. e, Predominately„„Hydrolagic Soil Group. D„Iclaylligiht In an Emergency Response Area LERA:1 within a DrinkingAalef Simply Marragernent Area WWSMA) as defined in Mitin.,„„„„„R„, 4720.5 100t subp, 3, ela.ssified as high or very high valnetabijity„„as.„ defined by the Minnesota Department of Healtht,„ In an ERA within a WSMA classified as rnoderalLyilinerability unless the perimittee performs or approves a higher leyel.„„„„„of engineering review sufficient to provide a Ilineticlpill.,.2,jrealtuent ;;.3..ystelin and to...prevent adverse impacts to groundwatcri h. Outside of an ERA within a DWSMA clqssifigsLaiLhigits2Lystyltigil vulnerability. tite_permittee must...perform or approve a 1ighe1 1 engineeringseview sufficient to provide a functioning treatment Within 11,000 feet qp-gradient or 00 feet dawn gradient of_aettyg. ka.rst featu res;„„ or Receives stormwater runoff from these typeli„slf_entifigis.„„Eggtilated under NPDES for industrial stormwaterL automobile salvag„.yarsts1 scrap recyc ing. and wa ste recyc ril2: lac treatment, storage, or dis.posal facilitiest or ziir trantipoiliton facillties that conduct deicirig.,.4ellyilie.5„, 1+, with-...sterfr otharni t .::.a....ditrie or the tog) &flied -reek, Where .ve •le fuel-int a-nd-thaintenthiee el,k, Where industrial facilities are not authorized to infiltrate industrial stormwater under and NPDES/SDS Industrial Stormwater Permit issued by the MPCA. e, nt-, do-wri---tradi-erft....of.....aetrve kaRit......ceattifes7 re ..DritAing aft-gel:fie Areas-...are......pres-entT......as. R. 4-720.5 14"++,!!SS pfee led .b-y a , 11+061. tifli+ of ge-veriiirret-4. with- an- . S4 So-i-Fs- are pireck)r4rir .1.1-yd-rf felay.). • if11.11- 11++(• : f" es- are rn.tyre tharri ibehes- per ho-ur tinles-s soilk City of Shakopee Design Criteria Page 71 of 268 Page 22 1...➢: tre�:4.d lln.... � �y E +�rr� w w...l. o _ by. -et t, ..,.. Jsa llte ]1/lPC.A. now thaw ion determining lll'..,nntdltnaalion. isal➢.ow °d any:.... appnol,.0 uatc u.aa ➢�u atu➢can o-..... ✓ �a Supply Management Area (DW„SMA;'h. 6. The minimum infiltration requirements for any region of the city will be the requirements of the watershed district or watershed management organization policies that govern that region. These policies may be met through the use of regional or downstream systems prior to discharge of runoff to waters of the state. 7. Infiltration systems must not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. When the infiltration feature is excavated to final grade, rigorous erosion prevention and sediment control BMPs must be implemented to keep sediment and runoff completely away from the infiltration area. 8. To prevent clogging of the infiltration system, a pretreatment device must be used to settle particles before the stormwater discharges into the infiltrations system. A skimmer and baffle system must be included in the designwrtau ....... uu ..gaa;n;, u,.rnn;,,.:3:...f s21........,p. A simple sump manhole will not be allowed. Areas of permanent pools tend to lose infiltration capacity over time and will not be acceptable as an infiltration practice. �:.A. skimming device ....irnntst...1 pQa vadecldo deter ffloattabll.e pp,➢Mutants ➢rom..... discharging out of the basin; ... las n. Suds slopes between the 1. 01 ye Qa� llunglh...:wate ...:� -vet. and the bottom uld.....be no.....,steeper than 1, and preferable flatte a%.%..... o=c-tini -n eS et au n- 1➢ 5 S t n.. w s to N 4u: mate e t l'.1a Al r a:p....and,... 1-un1'rlerrne ntatioin Standards.;t1 he infiltration system must provide the... vo➢urfL control rcquireunCfla-..:w e..r..f instantaneous volume 10f t e .....=u_i`aw-a er rea:tC.a4..:3y y :: o➢nin (.:calculated as an neff (Q. .... 1:...1.. ifl k..:anunn11S (.:nnl n.::u€ntts,sttnf es ,rated 1 y:...:tlie i�H t nn :....... ncnaaosa°tj„ ltMP:. w.... -1-J,2n The applicant must ensure filtration systems with less than three (3) feet of separation from seasonally saturated soils or from bedrock are constructed with an impermeable liner. l 3 A minimum maintenance access of twelve (12) feet is required. Mitigation. 1. Where construction projects cannot meet volume, TSS, or TP reduction requirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering alternative methods and/or locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in the following order of preference: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. City of Shakopee Design Criteria Page 23 Page 72 of 268 b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c. Locations in the next adjacent DNR catchment area up -stream. d. Locations anywhere within the City of Shakopee. e. Biofiltration. 2. In addition, mitigation projects must also meet the following criteria: a. Mitigation projects shall involve the establishment new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. b. Previously required routine maintenance of structural stormwater BMPs cannot be considered mitigation. c. Mitigation projects must be finished within 24 months after the original construction activity begins. d. A maintenance agreement specifying the responsible party for long- term maintenance shall be identified. Sect. 5 — Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches. Sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Local Surface Water Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten (10) feet per second as computed by Manning's formula for flow in open channels (Manning's shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers. 3. Plan Requirements and Design Guidelines. The following are specific requirements related to the design of sanitary sewer and sanitary sewer services: A. The sanitary sewer alignment shall follow the centerline of the street where practical. B. The maximum spacing between manholes is four -hundred (400) unless approved otherwise. C. All manholes at intersections shall be located at centerline/centerline. D. Manholes are required on the terminus end of all stubs if the line will be active. E. Connections to existing sanitary sewer manholes shall be core -drilled and fitted with a watertight boot. City of Shakopee Design Criteria Page 24 Page 73 of 268 F. Inside drop manholes are not allowed. G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless otherwise approved by the City Engineer. H. Changing of pipe material between manholes is not permitted except at outside drops. I. Sanitary sewer services shall be a minimum four (4) inch diameter PVC (SDR 26). J. Sanitary sewer services shall not be connected to a manhole unless otherwise approved. K. The minimum depth of the sanitary sewer service at the easement line shall be nine (9) feet unless otherwise approved. L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18'- 26') deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26) feet will be required as determined by the City Engineer. M. Rerounding of pipe is not allowed unless previously approved by the City Engineer. N. The contractor shall stamp the curb at the service locations per the city's standard detail and install a marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings and service tie -cards submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. Sect. 6 — Utilities 1. Public Water. Where a connection to the Public Water System is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. A small utility plan that includes a coordinated layout of other utilities must be provided with all new roadway and development projects. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City City of Shakopee Design Criteria Page 25 Page 74 of 268 Engineer. All drainage and other underground utility installations that traverse privately owned property shall be protected by easements. Sect. 7 — Street Lights 1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. Sect. 8 — Streets 1. General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to peiinit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2. Street Width and Right -of -Way Width. A. Two-way right-of-way widths and pavement widths (back to back of curb) shall conform to the City's adopted Transportation Plan, with the exception of the local roads. The local road width shall be as follows or as determined by the City Engineer: Classification Right -of -Way Roadway Local (anticipated traffic of 200 or less cars per day) 60 Feet 33 Feet Local (more than 200 cars per day) 66 Feet 37 Feet City of Shakopee Design Criteria Page 26 Page 75 of 268 B. All one-way right-of-way widths and pavement widths (back to back of curb) shall conform to the following minimum dimensions: Classification Right -of -Way Roadway Local 45 Feet 25 Feet Collector Streets 60 Feet 30 Feet Arterial Streets 60 Feet 30 Feet 3. Streets. A. Public Streets and alleys shall be designed and constructed in accordance with the General Specifications and Standard Detail Plates. All street and alley construction shall be inspected by the City Engineering Department. B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by the City Engineer. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City. F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and five (5) foot gravel shoulders. 4. Grades. A. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 6 Local Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state -aid streets shall not be greater than 1.0% for 50' on either side of the state -aid street, and not greater than 2.0% for an additional 50'. The City of Shakopee Design Criteria Page 27 Page 76 of 268 grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer, shall govern the through grade. 5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City Engineer. 6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. 7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one -thousand (1,000) feet for rural service areas and seven -hundred fifty (750) feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right- of-way with a minimum radius of sixty (60) feet, and shall be paved with a minimum radius of forty- six (46) feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. 8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be seven -hundred fifty (750) feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than three (3) lots. 9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 11. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall provide a warranty bond before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. City of Shakopee Design Criteria Page 28 Page 77 of 268 13. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public streets. Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan. 15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road, direct access to the thoroughfares shall be prohibited. 16. Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than one -hundred twenty (120) feet. Depending on grades and projected traffic volumes the City Engineer may require a larger radius. This minimum curve radius does not apply to intersecting street lines (full street intersections) or to street lines connected at "T" intersections. Collector street horizontal centerline curves shall meet State Aid Standards. 17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic difference between grades within a vertical curve is less than 1.2 percent, then the allowable minimum vertical curve length is twenty (20) feet. Collector street vertical curve designs shall meet State Aid Standards. 18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees. Any variance will require approval by the City Engineer. 19. Size of Intersection. Intersections of more than four corners shall be prohibited. 20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following table: Curb Return Radius (feet) at Intersections Local (33') Local (37') Collector Arterial Local (33' wide) 20 0 Local (37'wide) 20 20 Collector 25 25 25 Arterial 30 25 25 25 Industrial 30 25 25 25 City of Shakopee Design Criteria Page 29 Page 78 of 268 The City Engineer may require larger radii. The County Engineer will determine radii at intersections at County roads. 21. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. 22. Street Section Design. The street section shall be designed to meet a 9-ton design in accordance with Minnesota Department of Transportation design guidelines. It shall be accompanied by a complete soils report certified by a licensed professional engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Bituminous Pavement Minimum Aggregate Base Arterial Street 5" 10" Collector Street (Residential) 4" 8" Minimum Bituminous Pavement Minimum Aggregate Base Collector Street (Commercial) 5" 10" Collector Street (Industrial) 5" 10" Local Street 4" 8" All streets must be constructed with a minimum two (2) feet select granular section. When the in - situ soils exist with a subgrade soil with an "R" value of thirty (30) or lower, the two (2) feet granular section must include one -hundred (100) feet of drain tile connected to and centered on each low point catch basin. The street section must be approved by the City Engineer and may be adjusted by the City Engineer based on the soils report. Sect. 9 — Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line, nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1.5% away from the property line and the profile grades shall conform to street grades. City of Shakopee Design Criteria Page 30 Page 79 of 268 C. Planned unit development shall be subject to the location, widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector and local streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route, a bituminous trail may be required in place of the sidewalk, as determined by the Planning Commission and approved by the Council. E. In blocks over nine -hundred (900) feet long, pedestrian crosswalks through the blocks, and at least ten (10) feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps with truncated domes. Design must meet current MnDOT standards. G. All sidewalk widths shall be five (5) feet, except in commercial areas where the width may be wider, as determined by the City Council. Sect. 10 — Lots and Blocks 1. Easements. A. A minimum of five (5) feet drainage and utility easement is required adjacent to all side yard lot lines. A minimum of ten (10) feet of drainage and utility easement is required adjacent to all front lot lines, rear lot lines or lot lines adjacent to public right-of-way. A minimum twenty (20) feet of drainage and utility easement is required centered over all utilities less than five (5) feet deep. For utilities deeper than five (5) feet, the minimum easement width shall be calculated assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal) side slopes. For example, a utility ten (10) feet deep will require a minimum easement width of thirty (31) feet. The City Engineer may increase easement requirements, as necessary B. Where a subdivision is traversed by a water course, drainage way/swale, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. City of Shakopee Design Criteria Page 31 Page 80 of 268 C. Drainage and utility easements shall be shown on the final plat, out to the one -hundred (100) year highwater level contour. Storm water basins and facilities shall typically be integrated into the subdivision's individual private parcels and covered by a drainage and utility easements (vs. encompassing the basin by a standalone outlet). D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. E. Standalone trail easements shall be provided for the width of the trail plus an additional three (3) feet on each side of the trail (e.g. 10-ft trail would require a 16-ft easement). 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access, circulation control and safety of street traffic. B. Residential block lengths shall not exceed one -thousand three -hundred (1,300) feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: City of Shakopee Design Criteria Page 32 Page 81 of 268 1. Where lots back on an arterial or collector street, in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. F. All lots must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from a public roadway 4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within one -hundred twenty-five (125) feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of seventy (70) DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a One - hundred twenty-five (125) foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the seventy (70) DbA standard accompanied by the following: a. A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. City of Shakopee Design Criteria Page 33 Page 82 of 268 b. A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Responsibility for any noise mitigation measures shall be the responsibility of the developer, its successors and/or assigns. This responsibility shall be included and clearly stated in plat approval resolutions or other relevant approval documents. 5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds A. In all zoned areas where residential dwellings are adjacent to, or are within one - hundred (100) feet of a wetland or stormwater pond, the following design requirements shall apply: 1. All residential dwellings ........(nclil : i g,,,,,, gck shall be at least thirty (30) feet horizontal from the one -hundred (100) year high water level of the wetland or pond. Building setbacks shall be in accordance with the latest addition of the City's Local Surface Water Management Plan. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within one -hundred (100) feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. Sect. 11— Plan Standards 1. General Plan And Drafting Requirements. A. Title Sheet The title sheet shall include a project location map and an approval block for the City Engineer (approved for one year from the date of signing). B. Overall Plan Incorporated in the set of plans shall be an overall plan duplicating the entire project showing all proposed improvements with corresponding sheet numbers on each separate sheet and index. An approval block for Shakopee Public Utilities Commission shall be included on the overall plan sheet. C. Standard Sheet City of Shakopee Design Criteria Page 34 Page 83 of 268 All drawings shall be submitted on standard sheets at standard scale. Standard Sheet: • Grading Plan - 11"x17" • Street and Utility Plan - 11"x17" Standard Scale: • Horizontal 1" = 100' • Vertical 1" = 10' D. Plan North arrow, rights -of -way and width, property lines, lot and block numbers, street names, utility lines and size, railroad track, ditches, easements and width, match lines and reference sheet numbers shall be shown on all plan sheets. All roadway improvements and utilities shall be tied to the centerline of City right-of-way, to the centerline of a City easement, to subdivision corners, to Government land corners or to Government land lines. E. Profile To be located directly below the plan with stationing aligned as closely as practical. Original ground (dashed) and proposed if different (solid). Profile shall locate and describe additional information required under the standards for the particular improvement proposed. All utilities shall be shown in profile to include sanitary sewer, watermain, storm sewer and storm sewer crossings. F. Additional Sheets Use standard sheet requirements with appropriate scales for additional sheets required by the City Engineer and not covered by City of Shakopee Standard Detail Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be necessary. Additional sheets may include, but are not limited to, unique project details, signage and striping, landscaping, pedestrian curb ramp details, intersection elevation details, SWPPP, turn lane construction, box culvert construction, etc. G. Benchmark Description on each sheet, elevation, USGS NAVD 1988 datum, tie to City bench loop, description of City benchmark to which it is tied. H. Title Block City of Shakopee Design Criteria Page 35 Page 84 of 268 Shall include the name of project, subdivision or planned building group or street, as applicable and type of utility or roadway and the name, address, zip, telephone of the Engineer and developer. L Certification Certification signature and registration number of Professional Engineer in the State of Minnesota on each sheet. J. Required Notes These notes shall appear on the cover sheet. If no cover sheet, they shall be put on every sheet submitted for approval. • All work shall be done in accordance with the City of Shakopee's General Specifications and Standard Detail Plates. • The contractor shall install a steel marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. 2. Record Plan Requirements. A. The Record Plans must be certified and must be submitted in AutoCAD and Adobe Acrobat PDF formats using the NAVD 1988 vertical datum on the Scott County coordinate system. Specific electronic formats and/or versions will be determined by the City Engineer. In addition to and upon completion of the project, the developer's engineer(s) of record must provide a certified letter indicating that "all improvements have been constructed under the direct supervision of the engineer(s) of record and are certified accordingly to have been constructed to be in compliance with the approved plans and specifications." B. The record plans shall, at a minimum, include the following information: City of Shakopee Design Criteria Page 36 Page 85 of 268 • Locations and top of casting and invert elevations of all sanitary sewer and storm sewer structures and appurtenances. • Locations and top -nut elevations for all fire hydrants. • Locations and elevations for all gate valves. • Revised pipe slopes, lengths and materials (if applicable). • Revised horizontal locations of all street and utility improvements. • Additional notes as required by the City Engineer. C. Sanitary Sewer Services • Provide a tie -card per city standard detail for each service and/or lot. • GPS coordinates at the end of all sanitary services locations must be provided in a tabular format. • Stationing of sanitary sewer wyes shall be indicated. • All sanitary services shall be shown on the record plan with length, size, elevation, and pipe type noted. Indicate if jacked. • If sanitary sewer wye only is constructed, it shall be noted as "Wye Only" after the stationing. • The approximate invert elevation at the forty-five (45) degree bend of all sanitary sewer service stubs shall be shown on the plans. If deep risers are placed, the height of each shall be indicated on the plans and each shall be drawn on the profile, and the height of the risers indicated. • All sanitary service stub locations shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners D. Water Services • Provide a tie -card per city standard detail for each service and/or lot. • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of water corporation cock shall be indicated. • All water services shall be shown with length, size and pipe type noted. Indicate if jacked. • All curb stop boxes shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes City of Shakopee Design Criteria Page 37 Page 86 of 268 o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners E. Watermain Fittings All water fittings should be labeled as to size and type such as bends, ties, plugs, etc. F. Gate Valves All gate valves shall be tied with at least two ties using the following priority: • Fire hydrants. • Manholes. • Catch basins, if curb and gutter are in. • Buildings or other permanent structures. • Telephone pedestals. • Power poles, trees, other semi -permanent items. • Stationing from hydrants, manholes, catch basins, if over one -hundred (100) feet. • All ties should be less than two -hundred (200) feet whenever possible. G. Fire Hydrants All fire hydrants shall have a benchmark elevation shown for the top -nut of the fire hydrant. H. All structures shall have the top of casting elevation and invert elevations shown. I. Streets Street record "as -built" plans/drawings shall include a typical street section and horizontal and vertical curve data. J. Miscellaneous The following information shall be shown on every sheet: • Contractor's name • Construction observer's name • Project engineer's name K. Sanitary Sewer Televising City of Shakopee Design Criteria Page 38 Page 87 of 268 The contractor must televise the entire sanitary sewer system and provide the City with a digital submittal of the sanitary sewer system along with a televising report and complete televising videos. The report shall include the locations of all service wyes. L. Operations Record Plan An Operations Record Plan must be submitted to the City and to SPUC and approved by each entity prior to issuance of building permits in addition to the model building permit. The plan must include, at a minimum, the following information: • Information as required in Sections A, B, C, D, E and H above. • Information as required by the SPUC Water Policy Manual. The City Engineer may require additional information and increase the minimum requirements on any project. City of Shakopee Design Criteria Page 39 Page 88 of 268 City of Shakopee Design Criteria Revised: May 4, 2004 by Resolution No. 6041 Revised: April 4, 2006 by Resolution No. 6391 Revised: September 2, 2008 by Resolution No. 6805 Revised: October 17, 2017 by Resolution No. 7933 Revised: September 21, 2021 by Resolution No. R2021-132 Revised: November 15, 2022 by Resolution No. R2022-136 City of Shakopee Design Criteria Page 1 Page 89 of 268 Table of Contents Design Criteria and General Plan Requirements - Grading, Street and Utility Improvements Sect. 1 General Sect. 2 Grading Sect. 3 Erosion and Sediment Control Sect. 4 Storm Sewer Sect. 5 Sanitary Sewer Sect. 6 Utilities Sect. 7 Street Lights Sect. 8 Streets and Alleys Sect. 9 Sidewalks and Trails Sect. 10 Lots and Blocks Sect. 11 Plan Standards Sect. 1— General The requirements contained in this document are minimum general requirements for new construction. The City Engineer may require additional information and increase the minimum requirements on any project. Sect. 2 — Grading 1. General. The grading and erosion control plans shall conform to the most recent editions of "Minnesota Stormwater Manual" and the City of Shakopee "Local Surface Water Management Plan" or as modified herein and the City's most recent Standard Detail Plates. 2. Grading and Erosion Control. A. The minimum allowable grade in non paved areas is 2%. B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot vertical (3:1). C. Driveway grades shall be less than ten (10) percent, and greater than one (1) percent. Driveway grades shall not be greater than six (6) percent within the right-of-way. Commercial and Industrial Driveway grades shall not be greater than six (6) percent for any part of the driveway. D. Lots shall be graded so as to provide drainage away from building locations. 3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of six (6) inches of topsoil including subsoil City of Shakopee Design Criteria Page 2 Page 90 of 268 scarification to a depth of four (4) inches. Topsoil must be preserved onsite unless infeasible. Disturbed boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full easement width of all drainage swales leading to drainage structures on each lot (silt fence must be installed behind this sod). 4. Drainage. During the grading of the site, the natural drainage system shall be utilized as much as feasible for the storage and flow of runoff. 5. As -built Grading Plan. Upon completion of the grading, paving, and construction of subdivisions, a certified as -built survey of the grading shall be submitted to the City. This plan must, at minimum, show the existing locations and elevations of all street centerline and top of curb high points and low points, all lot corners, building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer structures, emergency over flows, high points in non - paved areas, ponding areas and watermain. The plan shall certify that all grading and erosion control is in conformance with the approved plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as -built grading plan. No building permits shall be issued until these certified documents have been submitted and approved by the City Engineer. An electronic copy must be submitted in a format approved by the City Engineer. 6. Grading Permit. Grading Permits will be required, as described in Section 151.110 of the City Code. Prior to issuance of a grading permit, the applicant shall strictly adhere to the requirements set forth in Chapter 54 of the City Code. The applicant must submit a written application for stormwater management plan approval along with the site's stormwater management plan per requirements set forth in Chapter 54 of the City Code. The applicant must submit the appropriate wetland applications in accordance with the Minnesota Wetland Conservation Act (WCA) per requirements set forth in Chapter 54 of the City Code. 7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree preservation fence installed at the drip line of the tree(s). No grading, construction materials, or equipment will be allowed beyond this fence. 8. Plan Requirements. The following are specific requirements related to the development of grading and erosion control plans for the proposed development and adjacent land within two - hundred (200) feet unless noted otherwise: A. Show and label existing underground and overhead utilities. B. Show the location and indication of demolition or relocation of existing structures. C. Show lot corner elevations and benchmarks utilized. City of Shakopee Design Criteria Page 3 Page 91 of 268 D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with dashed lines and screened (e.g. half -toned line weight). The contours shall extend beyond the proposed plat boundaries a minimum of two -hundred (200) feet or as necessary to completely show the limits of a drainage basin not fully contained within the proposed plat. Ten (10) foot contour intervals shall be bold. E. Proposed contours shall be at one (1) foot or two (2) foot intervals shown with solid lines. Ten (10) foot contour intervals shall be bold. F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following: 1. Show the NWL and HWL for ponds and wetlands. 2. Show OHWL and DNR number if applicable. 3. Ponds shall be graded with 1(v):4(h) slopes from the HWL to NWL and include a ten (10) foot bench, sloping downward from the NWL at a 1(v): 10(h) slope. 4. Show the delineated wetland boundary. G. Show existing and proposed building footprints with proposed floor elevations. H. The lowest floor elevations of affected structures adjacent to outletted ponds shall be in accordance with the City's Local Surface Water Management Plan and/or Chapter 54 of the City Code. Show emergency overflow routes from all low points and show the high point elevation along emergency overflow routes. Show directional flow arrows. Emergency overflows shall be a minimum of one (1) foot plus the high flow elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent affected structures. J. Show limits of clearing and grubbing. K. For proposed retaining walls, identify top and bottom elevations of retaining wall. Retaining walls greater than four (4) feet in height shall be designed and certified by a licensed professional engineer. L. Show all lot numbers, block numbers, and drainage and utility easements. 9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be submitted outlining the proposed haul routes for the import and export of all materials to and from the site. All haul routes are subject to approval by the City Engineer. Sect. 3 — Erosion and Sediment Control 1. Purpose. The purpose of this Section is to promote the public health, safety, property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. City of Shakopee Design Criteria Page 4 Page 92 of 268 2. Administration. The Building Official or the City Engineer (depending on the land disturbing activity) shall be designated as the Administrator of this Section. 3. Activities Subject to Erosion Control Measures. A. Any land disturbing activity in residential, multi -family, commercial or industrial zones shall be subject to erosion control measures and require a grading permit provided that: 1. An area of five -thousand (5,000) square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding fifty (50) cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than three -hundred (300) feet of trenching or earth disturbance. B. Any subdivisions that require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan, per requirements set forth in Chapter 54 of the City Code, on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion and sediment control measures are proposed. As a minimum, a topographic map showing existing and proposed contours, location of any natural watercourses and drainage ways, the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in compliance with National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit requirements must also be submitted. D. At a minimum, the permittee shall meet the specifications set forth below and observe the standards established in the NPDES Construction Stormwater General Permit requirements. City of Shakopee Design Criteria Page 5 Page 93 of 268 1. Soil Stabilization: Soil stabilization shall be completed in a time period as specified by the NPDES Construction Stormwater General Permit and the city's general specifications and standards. The City of Shakopee may require the site to be reseeded or a nonvegetative option employed. 2. Seeding: Seeding shall be in accordance with seeding specifications. All seeded areas shall be fertilized and hydro -mulched or mulched and disc anchored as necessary for seed retention. 3. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of fourteen (14) or more days must be stabilized or covered at the end of each workday (or, seven (7) or more days for a special or impaired waters). Stockpiles shall include perimeter sediment controls and must not be placed in natural buffers or surface waters, including stoiuiwater conveyances which includes curb and gutter systems. 4. Minimize the need for disturbance of portions of the project with steep slopes. When steep slopes must be disturbed, techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing) must be used. 5. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent (90%) coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 6. Site Development Sediment Controls: Site development sediment controls practices shall include those identified in the City's general specifications including, but not limited to: a. Settling basins, sediment traps, or tanks. b. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. c. Perimeter control including machine sliced silt fence or other city approved BMP, which shall be in place before, during and after grading of the site. Fencing shall be removed only after seventy percent (70%) stabilization. d. Areas designated as a temporary construction staging area. 7. Temporary sediment basins: For sites that have more than ten (10) acres of disturbed soil that drains to a common location (or, five (5) or more acres for special or impaired waters), one or more temporary sediment basins shall be constructed prior to disturbance. Use of temporary basins is encouraged when construction projects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be designed and constructed as follows: a. Provide live storage for a calculated volume of runoff from a two (2)- year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more. b. For basins where the above calculation has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided for the entire drainage area of the temporary basin. City of Shakopee Design Criteria Page 6 Page 94 of 268 c. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants. d. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating debris. e. Ensure the basin can be completely drawn down to conduct maintenance activities. f. Include energy dissipation on the outlet of the basin within 24 hours after connection to a surface water and a stabilized emergency overflow to prevent failure of pond integrity. g. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained. h. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down -slope boundaries of the construction area and for side -slope boundaries where appropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan. 8. Individual Construction Site Sediment Controls: Individual construction site sediment controls shall include: a. Rock construction entrance (driveway); b. Perimeter controls including silt fence in place before, during and after grading of the site. Fencing shall be removed only after proper turf establishment. 9. Waterway and Watercourse Protection: Waterway and watercourse protection requirements shall include stabilization of the watercourse channel before, during and after any in -channel work consistent with the City's general specifications. a. A temporary stream crossing must be installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. b. The watercourse channel shall be stabilized before, during, and within 24 hours after any in -channel work. c. A floatation silt curtain placed in water is not a downgradient perimeter sediment control BMP except when working on a shoreline or below the waterline Immediately after the short-term construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland perimeter control practice if exposed soils still drain to a surface water. d. For public waters that the Minnesota DNR has promulgated "work in water restrictions" during specified fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet of the water's edge, and that drain to these waters, within 24 hours during the restriction period. e. The normal wetted perimeter of the last 200 linear feet of temporary or permanent drainage ditches or swales that drain water from the site City of Shakopee Design Criteria Page 7 Page 95 of 268 must be stabilized within 24 hours after connecting to a surface water or property edge. The remaining portion of temporary or permanent ditches or swales must complete stabilization within 14 calendar days after connecting to a surface water or property edge and construction in that portion of the ditch temporarily or permanently ceases. f. Temporary or permanent ditches or swales being used as a sediment containment system during construction (with properly designed rock -ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized. These areas must be stabilized within 24 hours after their use as a sediment containment system ceases. g. Mulch, hydro mulch, tackifier, polyaciylamide or similar erosion prevention practices must not be used within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch or swale section with a continuous slope of greater than 2 percent. h. No in -water work shall be allowed in Public Waters during the MnDNR's work exclusion dates. i. Prior to placement of any equipment into any waters, all equipment must be free of aquatic plants and non-native animals. j. All on -site stormwater conveyance channels designed according to the criteria outlined in this document. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels is required. 10. Site Dewatering: Site dewatering shall be conducted pursuant to the City's general specifications document and the NPDES Construction Stormwater General Permit. a. Water pumped from the site shall be treated by temporary or permanent sediment basins, grit chambers, sand filters, or other controls as appropriate to ensure adequate treatment is obtained and that nuisance conditions will not result from the discharge. b. Discharges from the site shall not be released in a manner that causes erosion, scour, sedimentation, flooding of the site, or adverse impacts to receiving channels or wetlands. c. For discharge water containing oil or grease, an oil -water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) must be used prior to discharge. d. If a filter with backwash water is used with dewatering activities, the backwash water must be hauled away for disposal, returned to the beginning of the treatment process, or incorporated into the site in a manner that does not cause erosion. 11. Waste and Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or storm sewer system. a. Solid waste: All unused building materials and waste (including, but not limited to: collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, etc.) must be disposed of accordingly and shall comply with disposal requirements set forth by the MPCA. City of Shakopee Design Criteria Page 8 Page 96 of 268 b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must be properly stored, including secondary containment, to prevent spills, leaks or other discharges. Access to the storage areas must be restricted to prevent vandalism. Storage and disposal of hazardous or toxic substance must be in compliance with the requirements set forth by the MPCA. c. Liquid waste: All other non-stormwater discharges (including, but not limited to, concrete truck washout, vehicle washing or maintenance spills) produced during the construction activity shall not be discharged to any surface waters. d. External washing of equipment and vehicles: All external washing activities shall be limited to a designated area of the site. All runoff must be contained and wastes from external washing activities must be disposed of properly. No engine degreasing shall be allowed on the site. e. Wastes generated by concrete and other washout operations: All liquid and solid wastes generated by any concrete or other washout operations must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. Concrete waste must be disposed of properly and in compliance with applicable MPCA regulations. 12. Drain Inlet Protection: All storm drain inlets shall be protected during construction until all sources with potential for discharging to the inlet have been stabilized. Inlet protection measures must meet the City's standards and specifications, and the NPDES Construction Stoiniwater General Permit. 13. Energy Dissipation: Pipe outlets must have temporary or permanent energy dissipation within 24 hours of connection to a surface water or permanent stormwater treatment system. 14. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads, mud mats, slash mulch, concrete or steel wash racks, vehicle wash systems, or similar systems) must be installed to minimize track out of sediment from the construction site or onto paved roads within the site. If vehicle tracking BMPs are not actively preventing sediment from being tracked into the street, the applicant must immediately utilize street sweeping to contain sediment within the project perimeter; then, the applicant must implement additional BMPs to prevent tracking. 15. Final Stabilization: Final stabilization is not complete until the following criteria are met: a. All land disturbing activities must be finished and all soils shall be stabilized by a uniform perennial vegetative cover with a density of 70 percent or greater of its expected final growth density over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. b. The permanent stormwater management system is constructed, meets all of the required design parameters and is operating as designed. c. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) have been removed. BMPs designed to decompose on site may be left in place. City of Shakopee Design Criteria Page 9 Page 97 of 268 d. For residential construction only, individual lots are considered finally stabilized if the structure(s) are finished and temporary erosion protection and down gradient perimeter control has been completed and the residence has been sold to the homeowner. e. For construction projects on agricultural land the disturbed land has been returned to its preconstruction agricultural use. 5. Performance Standards. A. General Standards. In general, this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. The permittees must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in accordance with the NPDES Construction Stormwater General Permit. 2. Exposed soil shall be seeded and mulched in accordance with NPDES Construction Stormwater General Permit requirements. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation, mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. 6. Sediment control BMPs must be established on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. Sediment control practices must be located upgradient of any buffer zones. Sediment control practices must be installed before any upgradient land -disturbing activities begin and must keep the sediment control practices in place until permanent cover is established. 7. Sediment control BMPs adjusted or removed to accommodate short-term activities such as clearing or grubbing, or passage of vehicles, must be re- installed immediately after the short-term activity is completed. The sediment control BMPs must be re -installed before the next precipitation event even if the short-term activity is not complete. 8. Restrict vehicle and equipment use in any areas of the site where final vegetative stabilization will occur to minimize soil compaction. 9. Discharges from BMPs must be directed to vegetated areas unless infeasible. 10. A 50 foot natural buffer must be preserved or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth disturbances and stormwater flows to the surface water. Perimeter sediment controls must be City of Shakopee Design Criteria Page 10 Page 98 of 268 installed at least 5 feet apart unless limited by lack of available space and in accordance with the NPDES Construction Stormwater General Permit. 11. Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance with the NPDES Construction Stormwater General Permit. 12. Termination of the NPDES Construction Stormwater General Permit must be in accordance with the requirements outlined in the permit. B. Standards - Stormwater Runoff Erosion. 1. The natural drainage system shall be used when and wherever is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. 2. Silt fence shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to the MnDOT Standard Specifications and Plans. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps must be used to prevent erosion from entering the storm sewer system, and downstream water bodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any street by the use of rock construction entrances. C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one (1) foot vertical. 2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length City of Shakopee Design Criteria Page 11 Page 99 of 268 of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust, with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established in accordance with NPDES Construction Stormwater General Permit requirements. 6. Maintenance of Erosion Control Measures. A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure and BMPs, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit in accordance with current City requirements to guarantee the faithful execution of the grading and erosion control plan. This security shall be in the amount of one -hundred twenty-five (125) percent of the costs for grading, the construction of all erosion control devices and site restoration or $1,000/disturbed acre, whichever is higher, including the costs of City construction observation and City of Shakopee Design Criteria Page 12 Page 100 of 268 administration (as approved by the City Engineer). The City is authorized to draw against this security in the event the grading and erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to violate, neglect or refuse to comply with the requirements of this Section. In addition, if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so, a "stop work" order may be issued to all work on the site until such times as adequate measures are implemented. Sect. 4 — Storm Sewer 1. Design Criteria. A. The design criteria, policies, and objectives shall be those described in the City's "Local Surface Water Management Plan". No existing ditch, stream, wetland, pond, drain or drainage canal shall be deepened, widened, filled, re-routed or filled without approval from the City Council. B. Storm sewer shall be designed to have a minimum full flow velocity of three (3) feet/second unless otherwise approved by the City Engineer. C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum diameter of forty-eight (48) inches. 2. Pond Slopes. Pond slopes between the HWL and NWL shall not be steeper than four (4) feet horizontal to one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten (10) feet horizontal to one (1) foot vertical. Pond Slopes below the safety bench shall not be steeper than three (3) feet horizontal to one (1) foot vertical. 3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation, must be prepared and submitted that meets City drainage standards. Outlined below, please find a listing of information to be submitted: A. Drainage reports and studies shall include an overall drainage plan. The information listed below, if not shown on the drawings, shall be included in the report. The use of appropriate forms and design aids is recommended. 1. Runoff rate and ponding calculations for the site for the two (2) year, ten (10) year and one -hundred (100) year rainfall events and the one -hundred (100) -year, ten (10) day snow melt event. These computations should be provided for both the existing and future conditions, or as necessary to demonstrate compliance with the City's Local Surface Water Management Plan. Computations shall identify the critical duration of the rainfall events. 2. Open channel flow calculations/computations. 3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall event. City of Shakopee Design Criteria Page 13 Page 101 of 268 4. Culvert design flow calculations for the ten (10) year and one -hundred (100) year rainfall events. 5. Summation of all design variables used and design assumptions made. 6. Soil classification reports and depth of underground water table throughout the study area when detention or retention ponds are used. 7. The MPCA flow chart for detennining if infiltration is allowed or appropriate in a Drinking Water Supply Management Area (DWSMA). 8. The boundary and designation of all tributary drainage areas and the area of each in acres. 9. The designation and location of each design point referred to in the calculations. 10. The reference source and a copy of all other monographs or design aids used in the calculations. B. The preliminary drainage report shall be approved by the City Engineer prior to Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will consist of calculations, comments and descriptions and an area map in digital PDF format. Calculations shall include the two (2) year, ten (10) year, and one -hundred (100) year rainfall events and the one -hundred (100) year, ten (10) day snow melt event calculations of all tributary areas to the development, all collection points within the development and all points discharging from the development. The map shall be a topographic map of both the development and all areas tributary to the development. The map shall show the total acreage and anticipated runoff rates at all points noted in the calculations. In addition, the map shall show the proposed location of all drainage facilities to be located within the development and their relationship to existing facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400' may be used to limit the drawing to one sheet. C. A final drainage report shall be submitted and approved in conjunction with construction drawings. The study shall include calculations and a drainage map of the development in digital PDF format. Calculations shall address all aspects of runoff, retention, detention, channel flow, or other appropriate information that is necessary for the design of the drainage system. The drainage map shall be prepared on the overall grading plan for the development. It shall illustrate the drainage patterns in the development as well as the location of all drainage facilities within the development. The map shall also show the runoff rates and acreage tributary to all collection points within the development. When intersections serve as collector points, the flow in each curb line must be noted. This drawing may use scales from 1" = 50' to 1' = 200', in order to limit the drawing to one sheet. When more than one sheet is used a scale of 1" = 200' shall be utilized. D. An overall drainage plan of the study area, including all areas outside of the study area, which contributes runoff to the study area and all downstream areas, which will be effected, by runoff from the study area, must be submitted. Drainage area plans shall be submitted showing the effects of the two (2) year, ten (10) year and one (100) year rainfall events and the one -hundred (100) year, ten (10) day snow melt event. City of Shakopee Design Criteria Page 14 Page 102 of 268 E. The following methods shall be used to verify the adequacy of designs submitted for approval: The method used shall be approved by the City Engineer. 1. Rational method for storm sewer design computations and peak discharge rates from a single isolated watershed. 2. Urban Hydrology for Small Wetlands Technical Release No. 55 and Technical Release No. 20 published by Soil Conservation Service, U.S. Department of Agriculture. 3. HEC-1, HEC-2, or HEC-RAS. 4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S. Department of Agriculture. 5. Stormwater treatment ponds designed to NURP standards. F. The following criteria shall be utilized in the analysis of the drainage system. 1. Runoff analysis shall be based upon proposed land use, and shall take into consideration all contributing runoff from areas outside of the study area. 2. The analysis of storm runoff from existing developed areas lying outside of the study area shall be based upon present land use and topographic features. 3. All undeveloped land lying outside of the study area shall be considered as fully developed based upon the most probable anticipated future land use. Provided, however, that whenever the future land use of a specific undeveloped area cannot be accurately predicted, the average runoff coefficient to be used in said area shall not be less than 0 60 for the Rational Method runoff coefficient or an approved equivalent value for any other method. 4. The probable future flow pattern in undeveloped areas shall be based on existing natural topographic features (existing slopes, drainage ways, etc.) and shall conform to the Local Surface Water Management Plan. 5. Average land slopes in both developed and undeveloped area may be used in computing runoff. However, for areas in which drainage patterns and slopes are established, these shall be utilized. 6. Flows and velocities which may occur at a design point when the upstream area is fully developed shall be considered. Drainage facilities shall be so designed such that increased flows and velocities will not cause erosion damage. 7. The use of on -site detention and natural drainage ways is recommended and encouraged whenever possible. The changing of natural drainage way locations will not be approved unless such change is shown to be without unreasonable hazard and liability, substantiated by thorough analysis and investigation. 8. The planning and design of drainage systems shall be such that problems are not transferred from one location to another. Outfall points shall be designed in such a manner that will not create flooding hazards downstream. G. The rainfall intensities to be used in the computation of runoff shall be obtained from the Intensity - Duration - Frequency Curves for the Shakopee area in City of Shakopee Design Criteria Page 15 Page 103 of 268 accordance with Atlas 14 data and shall be based upon a two (2) year, ten (10) year and one -hundred (100) year return frequency. H. The event depth to be used for the one -hundred (100) year, ten (10) day snowmelt event is 7.4 inches. All lateral storm sewer facilities shall be designed to accommodate a ten (10) year rainfall event. The initial ten (10) year storm shall be conveyed without surcharging the system. Low points on streets shall be designed with an acceptable emergency overflow route. J. Storm sewer pipe for all public systems and connection to public systems shall be reinforced concrete pipe (RCP), unless otherwise approved by the City Engineer. The roughness coefficient for RCP shall be assumed n=0.013. K. Connections to existing manholes or catch basins shall be core drilled. L. Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter. Plastic pipe is prohibited. M. All storm sewer shall be at least fifteen (15) inches in diameter. N. When a smaller sewer joins a larger one, the invert of the larger sewer should be lowered to maintain the same energy gradient. An acceptable method for securing these results is to place the 0.8 depth point of both sewers at the same elevation. O. Storm sewer placed in non -paved areas must be placed on property comers and property lines when possible. The storm sewer lines for backyard inlets must be directed to the streets along side -yard property lines and avoid using rear -yard property line alignments where feasible. P. Catch basins in non -paved areas must be placed so as to minimize standing water. The spacing and locations are subject to the approval of the City Engineer. Q. Stormwater management requirements for permanent facilities. 1. Stormwater management requirements for permanent facilities are required for proposed land disturbing or development activity that creates 5,000 sf of new impervious area or more, or where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. Fully reconstructed impervious surface are areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement, or activity are not considered full reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed. City of Shakopee Design Criteria Page 16 Page 104 of 268 2. An applicant shall install or construct all stormwater management facilities necessary to meet the criteria of the city's Local Surface Water Management Plan, Design Criteria, and the NPDES Construction Stormwater General Permit. No private stormwater facilities will be approved by the city unless a maintenance plan and maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the City Engineer, an applicant may make an in -kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by 1 or more persons, including the applicant. 3. Proposed Stormwater Management Plans shall incorporate volume control, water quality control, and rate control as the basis for stormwater management in the proposed development plan on sites without restrictions. All proposed projects shall be in conformance with the City of Shakopee's Local Surface Water Management Plan, Design Criteria, and the most current requirements of the Minnesota Pollution Control Agency (MPCA) Municipal Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more restrictive criteria. a. Volume Control. Volume reduction practices (e.g., infiltration or other) to retain the volume control criteria on -site must be considered first when designing the permanent stormwater treatment system. Ponds and filtration systems are not considered to be volume reduction practices. A linear project is construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale. i. Construction activity (excluding linear projects) where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. a) Stormwater runoff volumes will be controlled and the post -construction runoff volumes shall be retained on site for 1.0 inches of runoff from the new impervious surface and fully reconstructed impervious surface. ii. Construction activity (excluding linear projects) where the sum of the new impervious surface and the fully reconstructed impervious surface is less than one acre. a) Stormwater runoff volumes will be controlled and the post -construction runoff volumes shall be retained on site for 1.0 inches of runoff from the new impervious surface. City of Shakopee Design Criteria Page 17 Page 105 of 268 iii. Linear projects where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. a) The runoff volume that shall be retained on site is the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. iv. Linear projects where the sum of the new impervious surface and the fully reconstructed impervious surface is less than one acre. a) Stormwater runoff volumes will be controlled and the post -construction runoff volumes shall be retained on site for 1.0 inches of runoff from the new impervious surface. v. For linear projects, where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge from the MS4. b. Water Quality Control. the water quality control standard shall be considered satisfied if the volume control standard has been satisfied. In the event that it is infeasible to meet the volume control standard due to contaminated soils, site constraints, etc., the proposed plan will need to demonstrate the TSS and TP loading from proposed conditions is equal to or less than existing conditions. (Non -Permit method — alternative method with little to no additional modeling required). Methods for meeting these requirements in the decreasing order of preference: i. Credits and site design practices to minimize the creation of connected impervious surfaces are used to the extent practical. ii. Underdrains to promote filtration instead of infiltration. iii. Off -site infiltration. iv. On -site wet detention with permanent pool volume below the normal outlet that is greater than or equal to the runoff from a 2.5 inch, 24-hour storm over the entire contributing drainage area, assuming full development. v. Rate Control. Rate control measures are required on new development, redevelopment and linear projects. The city will require the following criteria for discharge rates:Proposed development is required to limit the 2-year, 10-year, and 100- year critical storm events to not exceed the existing conditions runoff rates. City of Shakopee Design Criteria Page 18 Page 106 of 268 vi. In the Jackson Township annexation area, development is required to limit the 2-year, 10-year, and 100-year critical storm events to the pre -settlement rates. This can be accomplished with local or regional detention facilities. The following curve numbers shall be used to analyze pre -settlement conditions. Soil Group Runoff Curve Numbers A 30 B 55 C 71 D 77 vii. In newly developing watersheds, measures shall be taken to limit runoff rates generated by any subwatershed to the rates specified in the Stormwater Management Plan for the City, or if the plan does not specify a rate, the discharge rate should be limited to 1/3 cfs per acre for 100-year critical duration events. viii. For newly developing or redeveloping areas within the Blue Lake Drainage system downstream of Deans Lake, it is the policy of the City of Shakopee that the maximum peak discharge rate will be limited to a maximum of 0.25 cfs per acre in a 100- year storm. ix. For newly developing or redeveloping areas within the Blue Lake Drainage system upstream of Deans Lake, it is the policy of the City of Shakopee that the maximum peak discharge rate will be limited to a maximum of 0.1 cfs per acre in a 100-year storm. x. An attempt will be made to limit the peak discharge rate from all newly developing property in the Blue Lake District upstream of Deans Lake, to approximately 1/20 cfs for rainfall events having intensities relating to a 10-year return frequency event. R. Pond design standards. Stormwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and identified as follows: 1. A permanent pool (dead storage) volume below the principal spillway (normal outlet) which shall be greater than or equal to the runoff from a 2- 1/2 inch rainfall over the entire contributing drainage area assuming full development; 2. A permanent pool average depth (basin volume/basin area) of 4 to 10 feet; 3. An emergency overflow (emergency outlet) adequate to control the 1% frequency/critical duration rainfall event; 4. Basin side slopes between the 100-year high water level and the NWL should be no steeper than 4:1, and preferable flatter. A basin shelf with a minimum width of 10 feet and 1 foot deep below the normal water level is recommended to enhance wildlife habitat, reduce potential safety hazards, City of Shakopee Design Criteria Page 19 Page 107 of 268 and improve access for long-term maintenance. Below the safety bench, the pond slopes shall be no steeper than 3:1; 5. To prevent short-circuiting, the distance between major inlets and the nonnal outlet shall be maximized; 6. A flood pool (live storage) volume above the principal spillway shall be adequate so that the peak discharge rates meet the requirements of the city's Local Surface Water Management Plan; 7. Pond outlets may not be smaller than the minimum size indicated in the city's Local Surface Water Management Plan; 8. Consideration for aesthetics and wildlife habitat should be included in the design of the pond; 9. A skimming device must be provided to deter floatable pollutants from discharging out of pond; 10. Design of stormwater facilities shall accommodate the 100-year critical event (100- year, 24-hour storm event or 10-day snowmelt event). This includes lakes, ponds, and their outlets; and 11. Pond normal water level elevations shall be established above the ordinary high water level of adjacent public waters, except where topography of the site, floodplain mitigation activities, or other design considerations are determined to be unfavorable for these conditions to occur. This determination shall be performed by the applicant's engineer and approved by the City Engineer. S. Infiltration design standards. Best management practices to manage infiltration will be required to the maximum extent practical. 1. Volume control BMPs must be incorporated into the project design to minimize the creation of new impervious surface and reduce the existing impervious surfaces, minimize the amount of directly connected impervious surface, preserve and improve the infiltration capacity of the soil, and limit increases in runoff volume exiting the site to the extent feasible considering site -specific conditions. 2. When using infiltration for volume reduction, runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, infiltration benches or infiltration basins. A site investigation must be conducted confirming adequate infiltration parameters. For surface infiltration BMPs, the maximum infiltration depth is 1.5-ft. A post construction percolation test must be performed on each infiltration BMP and must demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate prior to the acceptance by the city. 3. The maximum extent practical required may be less if the City Engineer determines that 1 or more of the following conditions apply. If 1 or more of the following conditions apply, the City Engineer shall quantify the amount of infiltration that will be deemed as the maximum extent practical for the site: a. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater; City of Shakopee Design Criteria Page 20 Page 108 of 268 b. The site's drainage course is to regional infiltration or detention facilities controlled by the city that reduce runoff volumes; c. The development of the site does not increase the site's impervious areas; or d. Other site conditions that make the infiltration of stormwater impractical as determined by the City Engineer. 4. Infiltration will be prohibited where the infiltration BMP will be constructed in any of the following areas: a. Receives discharges from vehicle fueling and maintenance areas, regardless of the amount of new and fully reconstructed impervious surface; b. Where high levels of contaminants in soil or groundwater may be mobilized by the infiltrating stormwater. To make this determination, the owners and/or operators of construction activity must complete the Agency's site screening assessment checklist, which is available in the Minnesota Stormwater Manual, or conduct their own assessment. The assessment must be included in the stormwater management plan; c. Where soil infiltration rates are more than 8.3 inches per hour soils must be amended to slow the infiltration rate below 8.3 inches per hour; d. With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; e. Predominately Hydrologic Soil Group D (clay) soils; f. In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp.13, classified as high or very high vulnerability as defined by the Minnesota Department of Health; g. In an ERA within a DWSMA classified as moderate vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; h. Outside of an ERA within a DWSMA classified as high or very high vulnerability the permittee must perform or approve a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; i. Within 1,000 feet up -gradient or 100 feet down gradient of active karst features; or j. Receives stormwater runoff from these types of entities regulated under NPDES for industrial stormwater; automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. k. Where industrial facilities are not authorized to infiltrate industrial stormwater under and NPDES/SDS Industrial Stormwater Permit issued by the MPCA. City of Shakopee Design Criteria Page 21 Page 109 of 268 5. Use the MPCA flow chart for determining if infiltration is allowed or appropriate in a Drinking Water Supply Management Area (DWSMA). 6. The minimum infiltration requirements for any region of the city will be the requirements of the watershed district or watershed management organization policies that govern that region. These policies may be met through the use of regional or downstream systems prior to discharge of runoff to waters of the state. 7. Infiltration systems must not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. When the infiltration feature is excavated to final grade, rigorous erosion prevention and sediment control BMPs must be implemented to keep sediment and runoff completely away from the infiltration area. 8. To prevent clogging of the infiltration system, a pretreatment device must be used to settle particles before the stormwater discharges into the infiltrations system. A skimmer and baffle system must be included in the design with a minimum 3-foot sump. A simple sump manhole will not be allowed. 9. Areas of permanent pools tend to lose infiltration capacity over time and will not be acceptable as an infiltration practice. 10. A skimming device must be provided to deter floatable pollutants from discharging out of the basin; 11. Basin side slopes between the 100-year high water level and the bottom should be no steeper than 4:1, and preferable flatter. 12. The infiltration system must provide the volume control requirement calculated as an instantaneous volume in the proposed BMP(s). 13. The applicant must ensure filtration systems with less than three (3) feet of separation from seasonally saturated soils or from bedrock are constructed with an impermeable liner. 14. A minimum maintenance access of twelve (12) feet is required. T. Mitigation. 1. Where construction projects cannot meet volume, TSS, or TP reduction requirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering alternative methods and/or locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in the following order of preference: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c. Locations in the next adjacent DNR catchment area up -stream. d. Locations anywhere within the City of Shakopee. e. Biofiltration. 2. In addition, mitigation projects must also meet the following criteria: City of Shakopee Design Criteria Page 22 Page 110 of 268 a. Mitigation projects shall involve the establishment new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. b. Previously required routine maintenance of structural stormwater BMPs cannot be considered mitigation. c. Mitigation projects must be finished within 24 months after the original construction activity begins. d. A maintenance agreement specifying the responsible party for long- term maintenance shall be identified. Sect. 5 — Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches. Sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Local Surface Water Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten (10) feet per second as computed by Manning's formula for flow in open channels (Manning's shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers. 3. Plan Requirements and Design Guidelines. The following are specific requirements related to the design of sanitary sewer and sanitary sewer services: A. The sanitary sewer alignment shall follow the centerline of the street where practical. B. The maximum spacing between manholes is four -hundred (400) unless approved otherwise. C. All manholes at intersections shall be located at centerline/centerline. D. Manholes are required on the terminus end of all stubs if the line will be active. E. Connections to existing sanitary sewer manholes shall be core -drilled and fitted with a watertight boot. F. Inside drop manholes are not allowed. G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless otherwise approved by the City Engineer. City of Shakopee Design Criteria Page 23 Page 111 of 268 H. Changing of pipe material between manholes is not permitted except at outside drops. I. Sanitary sewer services shall be a minimum four (4) inch diameter PVC (SDR 26). J. Sanitary sewer services shall not be connected to a manhole unless otherwise approved. K. The minimum depth of the sanitary sewer service at the easement line shall be nine (9) feet unless otherwise approved. L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18'- 26') deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26) feet will be required as determined by the City Engineer. M. Rerounding of pipe is not allowed unless previously approved by the City Engineer. N. The contractor shall stamp the curb at the service locations per the city's standard detail and install a marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings and service tie -cards submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. Sect. 6 — Utilities 1. Public Water. Where a connection to the Public Water System is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. A small utility plan that includes a coordinated layout of other utilities must be provided with all new roadway and development projects. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City Engineer. All drainage and other underground utility installations that traverse privately owned property shall be protected by easements. Sect. 7 — Street Lights City of Shakopee Design Criteria Page 24 Page 112 of 268 1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. Sect. 8 — Streets 1. General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2. Street Width and Right -of -Way Width. A. Two-way right-of-way widths and pavement widths (back to back of curb) shall conform to the City's adopted Transportation Plan, with the exception of the local roads. The local road width shall be as follows or as determined by the City Engineer: Classification Local (anticipated traffic of 200 or less cars per day) Local (more than 200 cars per day) Right -of -Way Roadway 60 Feet 66 Feet 33 Feet 37 Feet B. All one-way right-of-way widths and pavement widths (back to back of curb) shall conform to the following minimum dimensions: Classification Local Right -of -Way Roadway 45 Feet 25 Feet City of Shakopee Design Criteria Page 25 Page 113 of 268 Collector Streets Arterial Streets 3. Streets. 60 Feet 60 Feet 30 Feet 30 Feet A. Public Streets and alleys shall be designed and constructed in accordance with the General Specifications and Standard Detail Plates. All street and alley construction shall be inspected by the City Engineering Department. B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by the City Engineer. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City. F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and five (5) foot gravel shoulders. 4. Grades. A. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 6 Local Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state -aid streets shall not be greater than 1.0% for 50' on either side of the state -aid street, and not greater than 2 0% for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer, shall govern the through grade. City of Shakopee Design Criteria Page 26 Page 114 of 268 5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City Engineer. 6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. 7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one -thousand (1,000) feet for rural service areas and seven -hundred fifty (750) feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right- of-way with a minimum radius of sixty (60) feet, and shall be paved with a minimum radius of forty- six (46) feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. 8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be seven -hundred fifty (750) feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than three (3) lots. 9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 11. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall provide a warranty bond before being accepted by the City for maintenance Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. 13. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual City of Shakopee Design Criteria Page 27 Page 115 of 268 lots to such roadways. The subdivider will be required to provide access to all lots via public streets. Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan. 15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road, direct access to the thoroughfares shall be prohibited. 16. Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than one -hundred twenty (120) feet. Depending on grades and projected traffic volumes the City Engineer may require a larger radius. This minimum curve radius does not apply to intersecting street lines (full street intersections) or to street lines connected at "T" intersections. Collector street horizontal centerline curves shall meet State Aid Standards. 17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic difference between grades within a vertical curve is less than 1.2 percent, then the allowable minimum vertical curve length is twenty (20) feet. Collector street vertical curve designs shall meet State Aid Standards. 18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees. Any variance will require approval by the City Engineer. 19. Size of Intersection. Intersections of more than four comers shall be prohibited. 20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following table: Curb Return Radius (feet) at Intersections Local (33') Local (37') Collector Arterial Local (33' wide) 20 0 Local (37'wide) 20 20 Collector 25 25 25 Arterial 30 25 25 25 Industrial 30 25 25 25 The City Engineer may require larger radii. The County Engineer will determine radii at intersections at County roads. 21. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. City of Shakopee Design Criteria Page 28 Page 116 of 268 22. Street Section Design. The street section shall be designed to meet a 9-ton design in accordance with Minnesota Department of Transportation design guidelines. It shall be accompanied by a complete soils report certified by a licensed professional engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Bituminous Pavement Minimum Aggregate Base Arterial Street 5" 10" Collector Street (Residential) 4" 8" Minimum Bituminous Pavement Minimum Aggregate Base Collector Street (Commercial) 5" 10" Collector Street (Industrial) 5" 10" Local Street 4" 8" All streets must be constructed with a minimum two (2) feet select granular section. When the in - situ soils exist with a subgrade soil with an "R" value of thirty (30) or lower, the two (2) feet granular section must include one -hundred (100) feet of drain tile connected to and centered on each low point catch basin. The street section must be approved by the City Engineer and may be adjusted by the City Engineer based on the soils report. Sect. 9 — Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line, nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1.5% away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location, widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector and local streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route, a bituminous City of Shakopee Design Criteria Page 29 Page 117 of 268 trail may be required in place of the sidewalk, as determined by the Planning Commission and approved by the Council. E. In blocks over nine -hundred (900) feet long, pedestrian crosswalks through the blocks, and at least ten (10) feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps with truncated domes. Design must meet current MnDOT standards. G. All sidewalk widths shall be five (5) feet, except in commercial areas where the width may be wider, as determined by the City Council. Sect. 10 — Lots and Blocks 1. Easements. A. A minimum of five (5) feet drainage and utility easement is required adjacent to all side yard lot lines. A minimum of ten (10) feet of drainage and utility easement is required adjacent to all front lot lines, rear lot lines or lot lines adjacent to public right-of-way. A minimum twenty (20) feet of drainage and utility easement is required centered over all utilities less than five (5) feet deep. For utilities deeper than five (5) feet, the minimum easement width shall be calculated assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal) side slopes. For example, a utility ten (10) feet deep will require a minimum easement width of thirty (31) feet. The City Engineer may increase easement requirements, as necessary B. Where a subdivision is traversed by a water course, drainage way/swale, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the final plat, out to the one -hundred (100) year highwater level contour. Storm water basins and facilities shall typically be integrated into the subdivision's individual private parcels and covered by a drainage and utility easements (vs. encompassing the basin by a standalone outlet). D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. City of Shakopee Design Criteria Page 30 Page 118 of 268 E. Standalone trail easements shall be provided for the width of the trail plus an additional three (3) feet on each side of the trail (e.g. 10-ft trail would require a 16-ft easement). 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access, circulation control and safety of street traffic. B. Residential block lengths shall not exceed one -thousand three -hundred (1,300) feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: 1. Where lots back on an arterial or collector street, in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line. City of Shakopee Design Criteria Page 31 Page 119 of 268 F. All lots must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from a public roadway 4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within one -hundred twenty-five (125) feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of seventy (70) DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a One - hundred twenty-five (125) foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the seventy (70) DbA standard accompanied by the following: a. A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. b. A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Responsibility for any noise mitigation measures shall be the responsibility of the developer, its successors and/or assigns. This responsibility shall be included and clearly stated in plat approval resolutions or other relevant approval documents. City of Shakopee Design Criteria Page 32 Page 120 of 268 5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds A. In all zoned areas where residential dwellings are adjacent to, or are within one - hundred (100) feet of a wetland or stormwater pond, the following design requirements shall apply: 1. All residential dwellings (including decks) shall be at least thirty (30) feet horizontal from the one -hundred (100) year high water level of the wetland or pond. Building setbacks shall be in accordance with the latest addition of the City's Local Surface Water Management Plan. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within one -hundred (100) feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. Sect. 11— Plan Standards 1. General Plan And Drafting Requirements. A. Title Sheet The title sheet shall include a project location map and an approval block for the City Engineer (approved for one year from the date of signing). B. Overall Plan Incorporated in the set of plans shall be an overall plan duplicating the entire project showing all proposed improvements with corresponding sheet numbers on each separate sheet and index. An approval block for Shakopee Public Utilities Commission shall be included on the overall plan sheet. C. Standard Sheet All drawings shall be submitted on standard sheets at standard scale. Standard Sheet: • Grading Plan - 11 "x 17" • Street and Utility Plan - 1 1"x17" Standard Scale: City of Shakopee Design Criteria Page 33 Page 121 of 268 • Horizontal 1" = 100' • Vertical 1" = 10' D. Plan North arrow, rights -of -way and width, property lines, lot and block numbers, street names, utility lines and size, railroad track, ditches, easements and width, match lines and reference sheet numbers shall be shown on all plan sheets. All roadway improvements and utilities shall be tied to the centerline of City right-of-way, to the centerline of a City easement, to subdivision corners, to Government land corners or to Government land lines. E. Profile To be located directly below the plan with stationing aligned as closely as practical. Original ground (dashed) and proposed if different (solid). Profile shall locate and describe additional information required under the standards for the particular improvement proposed. All utilities shall be shown in profile to include sanitary sewer, watermain, storm sewer and storm sewer crossings. F. Additional Sheets Use standard sheet requirements with appropriate scales for additional sheets required by the City Engineer and not covered by City of Shakopee Standard Detail Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be necessary. Additional sheets may include, but are not limited to, unique project details, signage and striping, landscaping, pedestrian curb ramp details, intersection elevation details, SWPPP, turn lane construction, box culvert construction, etc. G. Benchmark Description on each sheet, elevation, USGS NAVD 1988 datum, tie to City bench loop, description of City benchmark to which it is tied. H. Title Block Shall include the name of project, subdivision or planned building group or street, as applicable and type of utility or roadway and the name, address, zip, telephone of the Engineer and developer. I. Certification Certification signature and registration number of Professional Engineer in the State of Minnesota on each sheet. J. Required Notes City of Shakopee Design Criteria Page 34 Page 122 of 268 These notes shall appear on the cover sheet. If no cover sheet, they shall be put on every sheet submitted for approval. • All work shall be done in accordance with the City of Shakopee's General Specifications and Standard Detail Plates. • The contractor shall install a steel marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. 2. Record Plan Requirements. A. The Record Plans must be certified and must be submitted in AutoCAD and Adobe Acrobat PDF formats using the NAVD 1988 vertical datum on the Scott County coordinate system. Specific electronic formats and/or versions will be determined by the City Engineer. In addition to and upon completion of the project, the developer's engineer(s) of record must provide a certified letter indicating that "all improvements have been constructed under the direct supervision of the engineer(s) of record and are certified accordingly to have been constructed to be in compliance with the approved plans and specifications." B. The record plans shall, at a minimum, include the following information: • Locations and top of casting and invert elevations of all sanitary sewer and storm sewer structures and appurtenances. • Locations and top -nut elevations for all fire hydrants. • Locations and elevations for all gate valves. • Revised pipe slopes, lengths and materials (if applicable). • Revised horizontal locations of all street and utility improvements. • Additional notes as required by the City Engineer. C. Sanitary Sewer Services • Provide a tie -card per city standard detail for each service and/or lot. • GPS coordinates at the end of all sanitary services locations must be provided in a tabular format. • Stationing of sanitary sewer wyes shall be indicated. • All sanitary services shall be shown on the record plan with length, size, elevation, and pipe type noted. Indicate if jacked. • If sanitary sewer wye only is constructed, it shall be noted as "Wye Only" after the stationing. • The approximate invert elevation at the forty-five (45) degree bend of all sanitary sewer service stubs shall be shown on the plans. If deep risers are placed, the height of each shall be indicated on the plans and each shall be drawn on the profile, and the height of the risers indicated. City of Shakopee Design Criteria Page 35 Page 123 of 268 • All sanitary service stub locations shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners D. Water Services • Provide a tie -card per city standard detail for each service and/or lot. • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of water corporation cock shall be indicated. • All water services shall be shown with length, size and pipe type noted. Indicate if jacked. • All curb stop boxes shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners E. Watermain Fittings All water fittings should be labeled as to size and type such as bends, ties, plugs, etc. F. Gate Valves All gate valves shall be tied with at least two ties using the following priority: • Fire hydrants. • Manholes. • Catch basins, if curb and gutter are in. • Buildings or other permanent structures. • Telephone pedestals. • Power poles, trees, other semi -permanent items. • Stationing from hydrants, manholes, catch basins, if over one -hundred (100) feet. City of Shakopee Design Criteria Page 36 Page 124 of 268 • All ties should be less than two -hundred (200) feet whenever possible. G. Fire Hydrants All fire hydrants shall have a benchmark elevation shown for the top -nut of the fire hydrant. H. All structures shall have the top of casting elevation and invert elevations shown. I. Streets Street record "as -built" plans/drawings shall include a typical street section and horizontal and vertical curve data. J. Miscellaneous The following information shall be shown on every sheet: • Contractor's name • Construction observer's name • Project engineer's name K. Sanitary Sewer Televising The contractor must televise the entire sanitary sewer system and provide the City with a digital submittal of the sanitary sewer system along with a televising report and complete televising videos. The report shall include the locations of all service wyes. L. Operations Record Plan An Operations Record Plan must be submitted to the City and to SPUC and approved by each entity prior to issuance of building permits in addition to the model building permit. The plan must include, at a minimum, the following information: • Information as required in Sections A, B, C, D, E and H above. • Information as required by the SPUC Water Policy Manual. The City Engineer may require additional information and increase the minimum requirements on any project. City of Shakopee Design Criteria Page 37 Page 125 of 268 *4.C.3. Shakopee City Council November 15, 2022 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: Professional Services Agreement with SRF Consulting Group, Inc., for the 12th Avenue East Driveway Consolidation Project Policy/Action Requested: Authorize the execution of a Professional Services Agreement in the amount of $78,233.70 with SRF Consulting Group, Inc., to perform design services for the 12th Avenue East Driveway Consolidation Project CIF-20-014. Recommendation: Authorize execution of the agreement. Discussion: The 2022 Capital Improvement Plan (CIP) includes the 12th Avenue East Driveway Consolidation Project (see attached CIP summary sheet CIF-20-014, Project 10). This overall safety improvement project includes land acquisition, a new public cul-de-sac roadway, modification of private driveways adjacent to 12th Avenue, storm sewer improvements and other minor miscellaneous repairs and improvements. The project is proposed for 2023 construction. City staff needs assistance from a design consultant to complete the project design based on current and expected workload. City staff has worked with SRF Consulting Group, Inc., (SRF) to develop a scope of work and professional services agreement needed to deliver the report. SRF has 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: The scope of the SRF Professional Services Agreement is proposed to cost (not to exceed) $78,233.70. This work is budgeted in the 2022 Capital Improvement Fund as part of the Canterbury Commons Development Tax Increment Funding. Page 126 of 268 ATTACHMENTS: a Professional Services Agreement with SRF(12th Ave E Driveways) a CIP Sheet (CIF-20-014, Project 10) Page 127 of 268 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into on the 2nd day of November 2022, between the CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and SRF CONSULTING GROUP, INC., Wayzata Blvd Suite 100, Minneapolis MN 55416 ("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: 12th Avenue East Driveway Consolidation Project CIF-20-014 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 November 2, 2022, through December 31, 2023, 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. Page 1 SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 128 of 268 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. Page 2 SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 129 of 268 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. Page 3 SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 130 of 268 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. Page 4 SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 131 of 268 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. Page 5 SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 132 of 268 F. The City of Shakopee must be named as "ADDITIONALLY INSURED" on the insurance described in paragraphs A, B, and C, and must 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 SRF CONSULTING GROUP, INC. By: By: 1 ,. - William H. Reynolds, City Administrator Paul Martens, CFO Date: Date: November 3, 2022 By: Bill Mars, Mayor Date: SRF — 12th Avenue East Driveway Consolidation Professional Services Agreement, design services November 2022 Page 6 Page 133 of 268 000000000000000m, SRF SRF No. 139764mend>nent.PP October 20, 2022 Mr. Ryan Halverson, PE Assistant City Engineer City of Shakopee 485 Gorman Street Shakopee, MN 55379 Subject: Amendment / Proposal for 12'' Avenue Driveway Consolidation Final Design (REV) Dear Ryan Halverson: As you know, we have been providing conceptual and preliminary design work for the design of the consolidation of the existing driveways to Culvers, Americlnn, Ashley Furniture, the combined Speedway / Retail Shop, and United. This area is associated with the area of 12'h Avenue being reconstructed by the County as part of the CSAH 83 project. We are pleased to provide the following amendment proposal to advance this work through final design and bidding and respectfully request that the amendment be approved or combined into a Professional Services Contract prepared by the City along with the preliminary design contract. This Amendment Number (1) (the "Amendment") is issued under Professional Services Agreement entered in by and between City of Shakopee and SRF Consulting Group, Inc. Additional Services The Services to be performed by SRF under this Amendment ("Additional Services") are set forth in Attachment B-1, attached hereto and incorporated into the Original Agreement. Additional Costs The Services performed by SRF under this Amendment shall not exceed $73,283.70 including the project costs, subcontractor fees and reimbursable expenses (the "Amendment Maximum") in accordance with the rates provided in the Fee Schedule. Notwithstanding any provision to the contrary, the total compensation payable to SRF for all services and expenses under this Agreement shall not exceed $78,233.70 (the "Contract Maximum"). Schedule We will complete this work within a mutually agreed -upon time schedule. The schedule is anticipated for work under this contact to be completed by April 2023. www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 i Minneapolis, MN 55416-3791 i 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer Page 134 of 268 Ryan Halverson City of Shakopee Standard Terms and Conditions October 20, 2022 Page 2 The Original Agreement and any previous amendments are incorporated into this Amendment by reference. Except as amended herein, the Terms and Conditions of the Original Agreement and any previous amendments remain in full force and effect, unless replaced by terms from the Professional Services Agreement prepared by the City and approved by both parties. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is.mturner@srfconsulting.com We appreciate your consideration of this proposal and look forward to continuing to work with you on this project. Please contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Michael R. Turner, PE (MN, SD, TX) Project Director MRT Attachment B-1: Work Tasks and Person Hour Estimate Approved: City of Shakopee (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal S: Alb1 arketinn\Proposals\2020 Letter Prapivah \ 13967. PP 12th Avenue Private Access\Amend&rsentFinaZDes0\13967_AmendsnentRequest Fina/Des01_20220729.darx Page 135 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2022 thru 2026 Project # CIF-20-014 Project Name *Canterbury Commons (2022) - 12th Ave E driveways Accounting Code Fund Capital Improvement Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 30 Category Street Construction Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $9,200,000 As part of the proposed Canterbury Commons development, needed public infrastructure projects were identified within the Canterbury Commons Areawide Transportation study. The following includes projects that were identified as local city infrastructure improvements to be paid for by the Canterbury Commons TIF (remaining projects, updated as part of 2021 TIF Amendment): Project 4: 2023 Eagle Creek Blvd/Vierling Drive Roundabout. City project, $1,700,000 Project 10: 2022 12th Ave E (Phase 2) driveway consolidation $1,000,000 I Project 13: 2024 Public Canterbury Commons Roadways (east side of development), Canterbury Developer project, $6,500,000 Justification Infrastructure improvements warranted as part of existing conditional traffic safety and operational needs and needed infrastructure as part of the Canterbury Commons development. Canterbury will be responsible for the "Cost Sharing" portion of this project, reimbursed via TIF. The City will issue Tax Increment Bonds for the City's portion of the project, to be reimbursed via TIF (including interest). Expenditures 2022 2023 2024 2025 2026 Total Improvements 1,000,000 1,700,000 6,500,000 9,200,000 Funding Sources Total 1,000,000 1,700,000 6,500,000 9,200,000 2022 2023 2024 2025 2026 Total Capital Bonds 1,000,000 1,700,000 2,700,000 Cost Sharing 6,500,000 6,500,000 Total 1,000,000 1,700,000 6,500,000 9,200,000 Budget Impact/Other TIF is the expected funding source for these improvements. Development timing would affect the project timeline. 40 Page 136 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2022 thru 2026 Project # CIF-20-014 Project Name *Canterbury Commons (2022) - 12th Ave E driveways Department Capital Improvements Fund Contact Public Works Director E.Q.AND Il fiu 7"ms4 kr *giber •GmmKronx'rwl AlrSl°r oJUKytiGlurvli °--�1CounnN o-I ixdu I rAIVE» I IrtNlo NJ""'SI ,ra PKagm uwool Twti>siudy n wmrrmule nd°G'IrA Ns been focoriiiiivroesni qrd 66erMnW 0.wi:o-rifwio emiolatuwvuuo4# pxwBirll oma.oction P ngr 'riorll zat a I. Carw"elt;rM"yr dceroa'I'a VV°;,,fly°, „•m"6m.11 -_.. or s Gnu 00,0r 'gfl ltAu.1(B1 III VI I C�rlu If M N"Mv1M�y RD £ ,Via,)GI(b'h7i111VA Iffitulalhanurd vuaaarwr"rblr e f OP0 5,evu 14109 o,4ad a arks o wi 2 dGr 2,Sli r r 1,, 41 Page 137 of 268 7.A. Shakopee City Council November 15, 2022 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: Public Hearing for the 2022 Full Depth Pavement Reconstruction Project CIF-22-001. Policy/Action Requested: Adopt Resolution R2022-137, adopting assessments for the 2022 Full Depth Pavement Reconstruction Project CIF-22-001. Recommendation: Adopt Resolution R2022-137. Discussion: On February 2, 2022, City Council adopted Resolution R2022-021, approving the plans and specifications and ordering the advertisement for bids for the 2022 Full Depth Pavement Reconstruction & Bituminous Pavement Rehabilitation Project CIF-22-001, CIF-22-011, CIF-22-012 and CIF-22-013. On March 15, 2022, City Council adopted Resolution R2022-036, accepting the bids and awarding the contract for the 2022 Full Depth Pavement Reconstruction & Bituminous Pavement Rehabilitation Project. The project has subsequently been completed, and on October 15, 2022, City Council adopted Resolution R2022-133, declaring the costs to be assessed, ordering the preparation of proposed assessments, and setting a public hearing date for November 15, 2022, for the 2022 Full Depth Pavement Reconstruction Project CIF-22-001. This project is substantially complete and project costs are identified. City policy is to assess 30% of the street improvements and 100% of new concrete sidewalk to the benefiting properties. Properties will be assessed in accordance with the feasibility report. The proposed assessment rate is as follows: Estimated Assessment Actual Assessment (Final Amount) Page 138 of 268 (Feasibility Report) Gorman Street $5,554.78 / acre $3,433.25 / acre Weston Court & Greenwood Court $7,038.20 / acre $5,216.96 / acre Attached to this memo is a map of the project area and the assessment roll for Council consideration and adoption. A presentation of the fmal costs and assessments will be made at the Council meeting. Budget Impact: The total final combined project amount is $2,386,721.01. Project funding sources include the Capital Improvement Fund, Sanitary Sewer Fund, Stoiiii Drainage Fund, Shakopee Public Utilities, Park Asset and Special Assessments to the benefiting properties. Table 1 below provides a summary of the costs and funding comparing the estimated amounts based on bid award versus the fmal actual amounts. Table 1 - Final Combined Project Costs Estimate Based On Bid Award Based on Final Project Costs COSTS Construction Cost $2,295,724.84 $ 2,193,770.52 Streetlighting (SPUC) $24,500.00 $29,048.44 Chip Seal Coat (JPA) $41,914.50 $41,108.66 Contingency $115,000.00 $0.00 Subtotal $2,477,139.34 $ 2,266,765.49 Eng/Admin/Legal $198,500.00 $122,793.39 Total Project Cost $ 2,675,639.34 $2,386,721.01 FUNDING Special Assessments $180,192.17 $172,352.38 Capital Improvement Fund $2,397,886.17 $2,121,649.52 Storms Sewer Fund $14,773.50 $12,468.23 Sanitary Sewer Fund $ 47,587.50 $38,247.28 Shakopee Public Utilities $35,200.00 $27,155.28 Park Asset $ 0.00 $14,848.32 Total Funding $2,675,639.34 $2,386,721.01 Page 139 of 268 Table 2 below provides a summary of the final total costs for each of the CIP projects that were combined with this project for bidding and economy of scale. Table 2 - Final Project Costs Per CIP Project CIP Project Name CIP Project # Final Project Cost 2022 Full Depth Pavement Reconstruction CIF-22-001 $ 652,336.73 Annual Pavement CIF-22-011 $ 119,439.54 Rehabilitation Annual Bituminous Overlay CIF-22-012 $ 1,511,037.28 Annual Trail Rehabilitation CIF-22-013 $ 89,059.14 Timber Trails Park PA-21-04 $ 14,848.32 Total $ 2,386,721.01 Included in the resolution is language that would allow the city to reimburse project costs from future bond proceeds. This language allow for greater flexibility in funding current and future projects, should the city desire or need this in the future. The additional language allows the city a period of up to three years to issue and reimburse itself with bond proceeds. The language does not change the requirements or administrative process for issuing debt. All debt issuance will still require separate approval by the City Council ATTACHMENTS: • Resolution R2022-137 o Final Assessment Roll • Public Hearing Presentation o Assessment Map • Certificate of Completion Page 140 of 268 RESOLUTION R2022-137 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ADOPTING ASSESSMENTS FOR THE 2022 FULL DEPTH PAVEMENT RECONSTRUCTION PROJECT CIF-22-001 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Properties adjacent to Gorman Street between 4th Avenue and Marschall Road, Greenwood Court and Weston Court. WHEREAS, pursuant to a written contract signed with the City of Shakopee on March 15, 2022, Northwest Asphalt, Inc., has satisfactorily completed the 2022 Full Depth Pavement Reconstruction & Bituminous Pavement Rehabilitation Project in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. Such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable over a period of ten years, the first installment to be payable on or before the first Monday in January 2023 shall bear interest at the rate of 4.75 percent annum from November 15, 2022. Interest will be added for the period of November 15, 2022 through December 31, 2023 on the entire assessment to the first installment. One year of interest on the unpaid balance shall be added to each subsequent installment when due. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by December 15, 2022; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Finance department. 4. The Clerk shall file the assessment rolls pertaining to this assessment in their office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 5. The work completed under said contract is hereby accepted and approved. 6. The City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $24,078.21, taking the contractor's receipt in full. 7. Pursuant to Section 1.150-2(d) of the Treasury Regulations, the City Council declares its official intent to reimburse itself for the costs of the improvements from the proceeds of tax-exempt bonds. Page 141 of 268 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of November 2022. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 142 of 268 FINAL ASSESSMENT ROLL 2022 Full -Depth Pavement Reconstruction - CIF-22-001 STREET ASSESSMENT $ 31,040.89 $ 29,736.65 $ 35,475.31 LO 07 00 M M O) 69 CO O) V O) N O V? $ 8,294.96 $ 7,564.59 (V (O (n N O N 63 O O 0 V V d} O) ti CO (O 63 0) O) O CO I,- N 63 CO 07 co 7 O O 69 CO 07 co 7 O L(7 V9 $ 7,244.16 PER AREA BASIS O In n co O O) I. 0) O CS)V) ([) V 0) (O O r V V CO r CO O N.- V .— N.0) V r N LEGAL DESCRIPTION SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 001 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 002 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 003 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 004 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 005 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 006 Block SubdivisionName SHAK VALLEY MARKETPLACE WEST Lot 001 Block Section 06 Township 115 Range 022 I ALL OF VACATED RR IN Section 06 Township 115 Range 022 I P/O W 1/2 SE1/4 COM INT SubdivisionName CENTURY PLAZA SQUARE 2ND ADDN Lot 002 Block SubdivisionName CENTURY PLAZA SQUARE 1ST ADDN Lot 001 Block Section 06 Township 115 Range 022 I P/O E1/2 SW1/4 BEG SE Section 06 Township 115 Range 022 1236.8' X 376' X 16' TO Section 06 Township 115 Range 022 I P/O W 1/2 5E1/4 COM INT PROPERTY ADDRESS 1684 WESTON CT Shakopee, MN 55379 1624 WESTON CT Shakopee, MN 55379 1615 WESTON CT Shakopee, MN 55379 1301 GREENWOOD CT Shakopee, MN 55379 1341 GREENWOOD CT Shakopee, MN 55379 1381 GREENWOOD CT Shakopee, MN 55379 1308 GREENWOOD CT Shakopee, MN 55379 620 GORMAN ST Shakopee, MN 55379 572 MARSCHALL RD Shakopee, MN 55379 1100 4TH AVE E Shakopee, MN 55379 560 GORMAN ST Shakopee, MN 55379 640 GORMAN ST Shakopee, MN 55379 PROPERTYOWNER GULBRANDSON REAL ESTATE LLLP PO 240419 APPLE VALLEY, MN 55124 GULBRANDSON REAL ESTATE LLLP PO 240419 APPLE VALLEY, MN 55124 STATE OF MINNESOTA DEPARTMENT OF 395 JOHN IRELAND BLVD SAINT PAUL, MN 55155 GULBRANDSON REAL ESTATE LLLP PO 240419 APPLE VALLEY, MN 55124 1341 GREENWOOD COURT CARWASH RE LLC PO 241468 OMAHA, NE 68124 HOLIDAY STATIONSTORES INC & ATTN: TAX 4567 AMERICAN BLVD W BLOOMINGTON, MN 55437 KM SHAKOPEE MN LLC 5555 SAN FELIPE, STE 510 HOUSTON, TX 77056 ARBOR LANDING LLC 6200 SHINGLE CREEK PKWY STE 300 BROOKLYN CENTER, MN 55430 LINDAHL PROPERTIES LP PO 32 WAYZATA, MN 55391 SAGA PARTNERS LLC 4925 N CONQUISTADOR LAS VEGAS, NV 89149 AMERICAN NATIONAL BANK 8990 W DODGE RD OMAHA, NE 68114 ARBOR LANDING LLC 6200 SHINGLE CREEK PKWY STE 300 BROOKLYN CENTER, MN 55430 ARBOR LANDING LLC 6200 SHINGLE CREEK PKWY STE 300 BROOKLYN CENTER, MN 55430 LINDAHL PROPERTIES LP PO 32 WAYZATA, MN 55391 PID 273040010 273040020 273040030 273040040 273040050 273040060 273040070 279061400 279060210 271180020 270900010 279060420 O O N O CO O 0) ti N O 0) O CO O 0) ti N Total Assessments Page 143 of 268 111111111111111111111 0 111111111111111111111 0 111111111111111111111 II111111111111111111111 11 • 1111111111111111111111111111111 1111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111 11111111111111111111111II 111111111111111 111111111111111111111111111111 Page 144 of 268 IIIIIIIIItli IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII dos/ II NON= IIIIIIIIIIIIIIIIIIIIIIIIIIIIIInl t V IIIIIIIIIIIIIIIIIIIIIIIIIIIIIInl IIIIIIIIIIIIIIIII U IIIIIIIIIIIIIII Q 1IIIIIIIIJLIIIIIIIIIIIIII inoraul 0 M minimum IR IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII1 M 111111111111111 Gorman Street • Weston Court, Greenwood Court • Page 145 of 268 IlooIIIIIIIIIIIIll 1 IIofIIIIIIIIIIIIIIn II IIIIIIIIIIIIIm1 IIIIIIIlIIIIfl IIIIIlIIIIII (January 4, 2022 —Resolution R202 Received Feasibility Report • (January 18, 2022 —Resolution R2C Public Hearing & Order Project • 2022 - Resolution R202: u J rC V ro 4-% CL and Contract to North • (July 19, 2022) Street and utility construction is completed (November 15, 2022 —Resolution R Public Hearing & Adopt Assessments • Page 146 of 268 11111111111111111111111111111111111 1 11111111111111,),1), Gorman Street Gorman Street After Reconstruction Before Construction Page 147 of 268 11111111111111E1 0 IA 11111111111111111111n�ry 111111 omuuuuJ 000000.0000,00 111111 oouuuuuj II11111111111111nI 0 1111111111111 1 00000000000 y II 0 000000000000000n! 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N. 1/40 1/40 rn 00 rfl rn Oi 4J1- 4:r rn rfl 00 °Q CO 0 -VI- Ch N rn qD u) CD 0 co 0 ra • m • L.r) 1/40 r•-• 00 01 4-, 0 *These are only example amortization schedules. Assessment amounts vary per lot. 11111111111M 11111111111 IIIIIItmIIIIIIIJ 11 11111111111M 1111111111M 111111111 11111111111 ij 111111111111 111111111111111111 11111111111111111111111J Q) CZ • Is ',),< -Ho u E 0 I • 111....1........, IN II 11111111111M 11111111111 11111111111M 1111111111 III 11 II II IIIIIIIIIIIIIIIII11 mummo 11 11 11 IN 11 11 0111111111 11 IN 11111111111111111111111 Page 155 of 268 HVS0) GVO -11VHOSe.,IVIN CERTIFICATE OF COMPLETION CONTRACT NO(S): CIF-22-001, CIF-22-011, DATE: November 4, 2022 CIF-22-012, CIF-22-013 PROJECT DESCRIPTION: 2022 Full Depth Pavement Reconstruction & Bituminous Pavement Rehabilitation CONTRACTOR: Northwest Asphalt Inc. 1451 Stagecoach Rd Shakopee, MN 55379 ORIGINAL CONTRACT AMOUNT $ 2,295,724.84 QUANTITY CHANGE AMOUNT $ -0- CHANGE ORDER NO. THRU NO. AMOUNT $ -0- FINAL CONTRACT AMOUNT $ 2,193,770.52 LESS PREVIOUS PAYMENTS $ 2,169,692.31 FINAL PAYMENT S 24,078.21 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer Page 157 of 268 10.A.1. Shakopee City Council November 15, 2022 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: Monthly Financial Review - October 2022 Policy/Action Requested: Review of October 2022 General Fund revenues and expenditures, and Community Center, Ice Arena and SandVenture year -over -year comparison. The 3rd quarter investment report has also been provided. Recommendation: Information only Discussion: General Fund - October 2022 (see attachment) Revenue variances (+/-10% of 83.3% target) • Taxes will remain below the budget target amount until the 2nd half property taxes are received in December. • Special Assessments are currently negative as a result of recent assessments of refuse bills. These amounts will be recovered through the assessment process. • Licenses and permits are exceeding the budget amount and ahead of last year, primarily as a result of building permit revenue. • Intergovernmental is currently ahead of budget targets as a result of an increase in Municipal State Aid for street maintenance (allocation of gasoline tax). • Miscellaneous includes investment earnings, with rising rates in 2022 the City currently has a large unrealized loss which is not reflected. This adjustment occurs at year-end. Expenditure variances (+/- 10% of 83.3% target) • Total General Fund expenditures are within the normal range and similar to last year's percentage through September. • The Planning and Development department is currently exceeding the target percentage as a result of the Entertainment EAW. These expenditures will be Page 158 of 268 reimbursed by the developer. • The Building Inspection department is currently exceeding the target percentage as a result of credit card fees related to building permit revenue and annual software costs. • Engineering expenditures are currently under budget targets as a result of vacancies and allocated wages to projects. • Unallocated expenditures are currently under budget targets as a result of budgeted contingency funds. Community Center/Ice Arena/SandVenture - October 2022 (see attachment) SandVenture • SandVenture completed the year with $240k in total revenues, exceeding the budget of $189k. Community Center • Revenues are ahead of the previous year and are currently at 73% percent of budgeted annual revenues. Expenditures are tracking ahead of last year as a result of a conversion of a part-time position to full time, implementation of the part-time wage study, operating supplies related to room rentals and increased utilities (electric/gas). Ice Arena • Revenues are similar to last year and are currently at 63 percent of budgeted annual revenues. Expenditures have seen an uptick from the previous year, predominantly a result of increased utility costs (electric/gas). Quarterly Investment Portfolio Report - Q3, 2022 (See attachment) Attached is the 3rd quarter investment portfolio report including a cover page that provides a comparison of investment results over the past five years. The report provided by Wells Fargo Securities encompasses all city investments. As required by the investment policy the report provides: • Total return perfotuiance measured against the the three year treasury (Page 6) • Weighted average yield (Page 3/Page 6) • A listing of individual securities held at the end of the reporting period listed by maturity date (Pages 15-17) • The carrying basis, the current calculated accredited basis and the current market value (Page 3) As a reminder, the city's investment policy is guided by the investment acronym SLY, which Page 159 of 268 stands for Safety, Liquidity and Yield, and in that priority order. Safety of principal is the foremost objective of the investment program. Second, the investment portfolio needs to remain sufficiently liquid to meet day-to-day operational requirements. Lastly, attaining a market yield is the third goal of the investment policy. The first two priorities of safety and liquidity limit the ability of the portfolio to realize comparable private sector earning in those robust years. However, the policy also minimizes the changes of experiencing losses in the down years. Budget Impact: N/A ATTACHMENTS: • October 2022 Monthly Financial Report o October 2022 Recreation Facilities Year -to -Year Comparison • Investment Narrative (9-30-22) • Investment Quarterly Report (9-30-22) Page 160 of 268 CITY OF SHAKOPEE Monthly Financial Report YTD October October YTD Budget October YTD 2022 2022 2022 Balance Percent 2021 Budget Actual Actual Remaining Used Actual 01000 - GENERAL FUND REVENUES: * - TAXES 19,724,500 14,544 10,405,957 9,318,543 53% + 9,661,745 * - SPECIAL ASSESSMENTS 4,000 18,575 (29,526) 33,526 (738)% + (12,200) * - LICENSES AND PERMITS 2,858,400 511,694 5,626,607 (2,768,207) 197% 3,827,804 * - INTERGOVERNMENTAL 1,444,200 8,542 1,566,164 (121,964) 108% 3,696,447 * - CHARGES FOR SERVICES 7,384,800 424,138 5,729,196 1,655,604 78% 6,186,706 * - FINES AND FORFEITS 1,700 5,500 9,171 (7,471) 539% 1,784 * - MISCELLANEOUS 233,200 76,830 274,550 (41,350) 118% 35,965 TOTAL REVENUES 31,650,800 1,059,824 23,582,119 8,068,681 75% 23,398,251 EXPENDITURES: 11 - MAYOR & COUNCIL (194,600) (7,885) (163,009) (31,591) 84% (145,494) 12 - ADMINISTRATION (2,264,300) (165,040) (1,780,852) (483,448) 79% (1,549,459) 13 - CITY CLERK (457,500) (35,571) (364,283) (93,217) 80% (322,573) 15 - FINANCE (1,030,600) (49,530) (895,930) (134,670) 87% (866,163) 17 - PLANNING AND DEVELOPMENT (633,100) (39,331) (585,387) (47,713) 92% (660,717) 18 - FACILITIES (616,200) (54,327) (552,672) (63,528) 90% (504,485) 31 - POLICE DEPARTMENT (10,317,100) (749,426) (8,313,752) (2,003,348) 81% (7,912,612) 32 - FIRE (3,227,600) (590,528) (2,812,633) (414,967) 87% (2,609,141) 33 - INSPECTION-BLDG-PLMBG-HTG (1,393,400) (118,000) (1,327,815) (65,585) 95% + (1,027,840) 41 - ENGINEERING (1,354,400) (71,642) (938,456) (415,944) 69% mo (930,766) 42 - STREET MAINTENANCE (2,687,100) (125,863) (2,007,426) (679,674) 75% (1,979,351) 44 - FLEET (542,100) (37,186) (402,015) (140,085) 74% (362,929) 46 - PARK MAINTENANCE (2,946,200) (221,657) (2,591,132) (355,068) 88% (2,478,187) 67 - RECREATION (4,506,000) (344,547) (3,885,150) (620,850) 86% (3,365,953) 91 - UNALLOCATED (130,600) (476) (13,537) (117,063) 10% + (37,685) TOTAL EXPENDITURES (32,300,800) (2,611,008) (26,634,049) (5,666,751) 82% (24,753,358) OTHER FINANCING * - TRANSFERS IN 400,000 0 0 400,000 0% 250,000 * - TRANSFERS OUT 0 0 0 0 0% 0 OTHER FINANCING TOTAL 400,000 0 0 400,000 0% 250,000 FUND TOTAL (250,000) (1,551,184) (3,051,930) 2,801,930 (1,270,327) Key + Varies more than 10% than budget positively Varies more than 10% than budget negatively Within 10% of budget Page 161 of 268 Business Unit 0672 - SAND VENTURE REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0672 - SAND VENTURE 0673 - ICE ARENA REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0673 - ICE ARENA 0674 - COMMUNITY CENTER REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0674 - COMMUNITY CENTER * - DEFERRED REVENUE- MEMBERSHIPS DEFERRED REVENUE- CC MEMBERSHIPS RECREATIONAL FACILITIES OPERATING BUDGET TO ACTUAL Oct YTD Actual 2021 Budget 2022 (188,500.00) 186,700.00 198,400.00 196,600.00 (975,000.00) 371,000.00 512,400.00 (91,600.00) (1,092,100.00) 1,124,900.00 771,600.00 804,400.00 (262,722.37) 201,550.61 178,389.21 117,217.45 (618,176.04) 290,415.73 394,817.07 67,056.76 (698,981.03) 850,904.47 644,661.31 796,584.75 (166,379.00) (166,379.00) Oct YTD Actual 2022 (240,245.88) 230,662.47 208,905.41 199,322.00 (609,559.51) 256,016.65 487,865.60 134,322.74 (796,523.61) 983,507.67 787,318.88 974,302.94 (146,464.00) (146,464.00) Oct YTD Actual Year Variance 22,476.49 29,111.86 30,516.20 82,104.55 8,616.53 (34,399.08) 93,048.53 67,265.98 (97,542.58) 132,603.20 142,657.57 177,718.19 19,915.00 19,915.00 Oct YTD Actual Year Variance % (8.56) 14.44 17.11 70.04 (1.39) (11.84) 23.57 100.31 13.95 15.58 22.13 22.31 (11.97) (11.97) Page 162 of 268 11/3/2022 1:48:55 PM Page 1 of 1 City of Shakopee Investment Information September 30, 2022 Investments The City currently has a cash and investment balance of $78.3 million compared to a balance of $68.8 million one year ago (excludes unspent bond proceeds). The City's total investment loss for 2022 is $(3,472,010) which is comprised of investment income in the amount of $585,751 and an unrealized loss of $(4,057,761). This compares to an investment loss for 2021 of $(164,370), which included investment income of $497,144 and an unrealized loss of $(661,514). The City intends to hold all investments until they mature, however it's important to keep in mind that changes in market interest rates will impact unrealized gains/losses of the investment portfolio. Rising interest rates in 2021 and 2022 resulted in unrealized losses ("paper losses") over those years, while declining 2019 and 2020 rates led to unrealized gains. $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $1,000,000 $600,000 $200,000 $(200,000) $(600,000) $(1,000,000) $(1,400,000) $ (1,800,000) $(2,200,000) $(2,600,000) $(3,000,000) $(3,400,000) $(3,800,000) $(4,200,000) 1111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111 Interest Earnings by Year 2018-2022 muum�91����`'uoIOIIIIOIIIImIluuummouuouuouuouuouuouuol�li111�ti�Y�muum�m�mlmulPpP6"I�00m110"mu`�1����m`"Imam 01,01V7lul hIIvWmIIOEJfl mlllm011I III� ����� IIIII 1111111111111111111111111111 1st Quarter 2nd Quarter 2018 IIIIIIIIII,2019 rIIIIIIIIIIIIII,01IIIIIIIIIIIm2020 Unrealized Gain (Loss) 2018 - 2022 IIII�,,,,�,,mII)�1, IIIIIIIIIIIIIIIIImIIIIIIIIIIIIIIIIII,IIIIIIIIIII,III,,IttrmIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImIIIIII III II III II III II III IIIIIII I,mm 13M1111111111111111111111 111111111111111111111111111111111111111111111111111111111 O mmm 2021 IIIIiilul „,III II IIIIII III .. .... 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O o 0 0 0 0 0 0 0 0 0 o v � � V N u N N N 5 on co on m a a a a 00 00 a a a W W W W W N N N in- in- 8 8 W O O O 2 O 4 2, 0 0 0 N W tr m 8 a v O Ni N m a tT O M O V m � O O iO O N M ti o W o ' 2 a o 4 O o 0 rn0V LA W O O O N 2 to rn m o r^ O N to rn O ui v to O 2i m m V V O 2, m tD 0 goo Mr7i7 ;NM M'A? r",NN. m O O rn 0 O 0 0 S o N LA Lc; Lri Lc; Lri W M W rn N ry a °, O°, .i N tT (T N (T tT (T M b N n O O O O NM O M In O N O V 0 O . 0 0 0 T 2 W W M \ i! \ O o N 0 0 0 .. T O O M O o a in R. Lri A. LA 0 O M M 5 a 0 0 0 .y 0 0 0 O O N O O O 12 O O O 0 0 0 O O O O O O 0 0 I. 0 0 O O W 0 0 0 O M IIM OM to 0 N N h to O N N N AiM V M o 4 o o SIN' o 0 0 o o 4 o 0 0 V"mm� x n r V N J Z ax 00 < 0 12 o M 4,oM M m ti v oa<_ 000ta 000s M��Moo 0 0 0 o W W v v v v V, O O m N 0 0 m M M M N .+ ti o co no H W n n O M W Cq W k (P S tP O W W W W 'iwl W M co)1 N V N W O O O O M M O ) COw, O v 0- .. O M 0 Al 0 0 0 °` O N N CO0 CO W 0 0 0 0 0 0 H W 2- W I 1 W O O o .�. o 0 o N 0' N O O. y P. P. a V VM1 N W N H.i .i 1-1 O\ 0, 0 O\ 0 O O O O O O ti 7 0 00 0 0 ti0 0 0 E O O O M M M N .-I .i N 0 0 0 0 0 0 0 0 0 2 N m N m v m m m zzzzzzEz LE LE LE LE LE LE LE LE Li MaMmMMo�� v N v v v N N a W a a v N v N N�. Page 180 of 268 Portfolio Analysis 10.B.1. Shakopee City Council November 15, 2022 FROM: Michael Kerski, Planning/Development Director TO: Mayor and Council Members Subject: City approval of Contract for Private Development for Amphitheater Policy/Action Requested: Approve Resolution R2022-139 approving Contract for Private Development with Bloomington Investments, LLC. Recommendation: Approve Resolution R2022-139. Discussion: As part of the larger development of the western side of Canterbury and construction of new public roads, the need for a large parking lot for public parking, buses and rideshare was identified. The redeveloper will purchase the property, develop the parking lot and then deed it to the EDA in exchange for a $1 million TIF Note. With this particular TIF Note, it is a pay as you go note. The redeveloper would be borrowing the $1 million on its own towards its cost of the purchase and construction of the parking lot and would receive payment of increment based on development of the amphitheater and other future development to the south. The city is in a priority position on the increment for any need for bond repayment. Currently there is adequate development in the Canterbury redevelopment area to cover the city's TIF bond obligations. Should that change, the city is in first position to receive any increment from this redevelopment prior to any repayment to the redeveloper. The TIF increment is already included in the TIF plan total amount. There is a separate parking license agreement that is part of the Contract for Private Development that allows: Page 181 of 268 • Redeveloper will have exclusive use of the Parking Lot without charge for 75 days per year, which number will be subject to increase if the number of events at the Amphitheater exceed that that number. • Redeveloper may charge for parking at the Parking Lot in conjunction with Amphitheater events. • On days when no Amphitheater events occur, the public shall be allowed to park without fee • Redeveloper shall not be obligated to remove snow from the Parking Lot until and unless and until development occurs on Outlot B. • Redeveloper shall be responsible for ordinary maintenance and repair of the Parking Lot and insurance. This public parking lot is planned to be used the other 290 days a year by the future development to the east and south for those uses the Canterbury will be developing once barns are demolished and infrastructure is installed. The redeveloper, subject to a PUD Amendment, at a later date, can repurchase the parking lot from the EDA for $1 subject to the termination of the TIF Note. Budget Impact: N/A ATTACHMENT S : o Contract for Private Development ▪ Resolution Page 182 of 268 Draft November 10, 2022 CONTRACT FOR PRIVATE REDEVELOPMENT between ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA CITY OF SHAKOPEE, MINNESOTA and BLOOMINGTON INVESTMENTS, LLC Dated , 2022 This document was drafted by: Kennedy & Graven, Chartered (JAE) 150 South Fifth Street, Suite 700 Minneapolis, Minnesota 55402-1299 Telephone: 612-337-9300 Page 183 of 268 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 3 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority 6 Section 2.2. Representations by the City 6 Section 2.3. Representations by the Redeveloper 7 ARTICLE III Property Acquisition; Financing Section 3.1. Status of Redevelopment Property 8 Section 3.2. Conveyance of Authority Property 8 Section 3.3. Issuance of Pay -As -You -Go TIF Note 8 Section 3.4. Additional Subsidy 8 Section 3.5 Parking Lot Agreement 9 Section 3.6. Future Construction of Structured Parking Section 3.7. Termination of TIF District 9 Section 3.8. Records 9 Section 3.9. Exception to Business Subsidy Act 9 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements 10 Section 4.2. Construction Plans 10 Section 4.3. Commencement and Completion of Construction 11 Section 4.4. Certificate of Completion 11 ARTICLE V Insurance Section 5.1. Insurance 13 Section 5.2. Subordination 14 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes 15 Section 6.2. Reduction of Taxes 15 Section 6.3. Qualifications 16 Page 184 of 268 ARTICLE Vll Financinz Section 7.1. Mortgage Financing 17 Section 7.2. Option of Authority and City to Cure Default in Mortgage 17 Section 7.3. Modification; Subordination 17 Section 7.4. Termination 17 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment 189 Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement 18 Section 8.3. Release and Indemnification Covenants 19 ARTICLE IX Events of Default Section 9.1. Events of Default 21 Section 9.2. Remedies on Default 21 Section 9.3. Termination or Suspension of TIT' Note 22 Section 9.4. No Remedy Exclusive 23 Section 9.5. No Additional Waiver Implied by One Waiver 23 Section 9.6. Attorneys' Fees and Costs 23 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority and City Representatives Not Individually Liable 24 Section 10.2. Equal Employment Opportunity 24 Section 10.3. Restrictions on Use 24 Section 10.4. Provisions Not Merged With Deed 24 Section 10.5. Titles of Articles and Sections 24 Section 10.6. Notices and Demands 24 Section 10.7. Counterparts 27 Section 10.8. Recording 27 Section 10.9. Amendment 27 Section 10.10. Interpretation; Concurrence 27 SIGNATURES S-1 EXHIBIT A Legal Description of Authority Property A-1 EXHIBIT B Legal Description of Additional Property B-1 EXHIBIT C Form of TIF Note C-1 EXHIBIT D Form of Investment Letter D-1 EXHIBIT E Form of Certificate of Completion E-1 EXHIBIT F Designs for Parking Lot F-1 EXHIBIT G Description of Tax Increment Property G-1 EXHIBIT H Form of License Agreement H-1 ii Page 185 of 268 111 Page 186 of 268 CONTRACT FOR PRIVATE REDEVELOPMENT THIS CONTRACT FOR PRIVATE REDEVELOPMENT, made as of the day of 2022 (the "Agreement"), is between the ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, a public body corporate and politic under the laws of the State of Minnesota (the "Authority"), the CITY OF SHAKOPEE, MINNESOTA, a statutory city and political subdivision of the State of Minnesota (the "City"), and BLOOMINGTON INVESTMENTS, LLC, a Minnesota limited liability company (the "Redeveloper"). WITNESSETH: WHEREAS, the Authority was created pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the "EDA Act") and was authorized to transact business and exercise its powers by a resolution of the City Council of the City; and WHEREAS, the City has undertaken a program to promote economic development and job opportunities and to promote the development and redevelopment of land which is underutilized within the City, and in this connection created the Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Redevelopment Project") in an area located in the City pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"); and WHEREAS, by resolution dated April 4, 1995, the City Council of the City transferred control, authority, and operation of the Redevelopment Project to the Authority, which currently administers the Project, exercising the powers of a housing and redevelopment authority under the HRA Act, in accordance with the EDA Act; and WHEREAS, pursuant to the EDA Act and the HRA Act, the Authority is authorized to undertake certain activities to prepare real property for development and redevelopment by private enterprise; and WHEREAS, within the Redevelopment Project, the Authority has created Tax Increment Financing (Redevelopment) District No. 18 (the "TIF District"), a redevelopment district, in order to facilitate redevelopment of certain property in the Redevelopment Project; and WHEREAS, the Redeveloper proposes to acquire certain property from the Authority (the "Authority Property") and certain other parcels (the "Additional Property," and together with the Authority Property, the "Redevelopment Property") within the TIF District; and WHEREAS, the Redeveloper proposes to construct on the Redevelopment Property an approximately 19,000-seat amphitheater with associated back -of -house facilities, a roof over the seating area, a large outdoor/lawn area, and support facilities, including a parking lot for approximately 600 vehicles and buses (the "Minimum Improvements"); and WHEREAS, the Redeveloper proposes to construct a public parking lot ("Parking Lot") on Block 1, Lot 2, Canterbury Amp Addition, and once the construction of the Parking Lot is completed, the Redeveloper intends to donate the Parking Lot to the Authority for public parking; and WHEREAS, the Authority will enter into a License Agreement with the Redeveloper for exclusive use of the Parking Lot by the Redeveloper when there are performances at the amphitheater; and 1 Page 187 of 268 WHEREAS, in order to achieve the objectives of the redevelopment plan for the Redevelopment Project and make the Minimum Improvements economically feasible for the Redeveloper to construct, the Authority is prepared to convey the Authority Property to the Redeveloper and reimburse the Redeveloper for a portion of the land acquisition costs, site improvement costs, infrastructure costs, utility costs, demolition and remediation costs, and other costs related to the Minimum Improvements that may be reimbursed with tax increment; and WHEREAS, the Authority believes that the development of the TIF District pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State of Minnesota and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: (The remainder of this page is intentionally left blank.) 2 Page 188 of 268 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context, the following terms have the following meanings: "Additional Property" means the property legally described in EXHIBIT B attached hereto. "Agreement" means this Contract for Private Redevelopment, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Economic Development Authority for the City of Shakopee, Minnesota. "Authority Property" means the property legally described in EXHIBIT A attached hereto. "Authority Property Purchase Price" has the meaning set forth in Section 3.2 hereof. "Authority Representative" means the Executive Director of the Authority. "Available Tax Increment" means, on each Payment Date, the Tax Increment attributable to the Tax Increment Property and paid to the Authority by the County in the six (6) months preceding the Payment Date after first deducting therefrom ten percent (10%) of the Tax Increment to be used to reimburse the Authority for administrative expenses. Available Tax Increment shall not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default under this Agreement. "Board" means the Board of Commissioners of the Authority. "Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Redeveloper pursuant to Section 4.4 hereof and set forth in EXHIBIT D. "City" means the City of Shakopee, Minnesota. "City Council" means the City Council of the City. "City Representative" means the City Administrator of the City, or any person designated by the City Administrator to act as the City Representative for the purposes of this Agreement. "Closing" has the meaning given such teen in Section 3.2 hereof. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property, including the Minimum Improvements, which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City; and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) cross -sections of each (length and width); (5) elevations (all sides, including a building materials schedule); (6) landscape and grading plan; and (7) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. 3 Page 189 of 268 "County" means Scott County, Minnesota. "EDA Act" means Minnesota Statutes, Sections 469.090 through 469.1082, as amended. "Event of Default" means an action by the Redeveloper listed in Article IX hereof. "Holder" means the owner of a Mortgage. "HRA Act" means Minnesota Statutes, Sections 469.001 through 469.047, as amended. "License Agreement" means the License Agreement, dated , between the Authority and the Redeveloper regarding the use of the Parking Lot by Redeveloper for events at the Amphitheater. "Material Change" means a change in construction plans that adversely affects generation of tax increment. "Maturity Date" means the date that the TIF Note has been paid in full or terminated, whichever is earlier. "Master Developer" means Canterbury Park Holding Corporation, a Minnesota corporation and the parent of Canterbury Development LLC. "Minimum Improvements" means the development on the Redevelopment Property of an approximately 19,000-seat amphitheater with associated back -of -house facilities, a roof over the seating area, a large outdoor/lawn area and support facilities, infrastructure, utilities, streets, and parking facilities. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII hereof. "Payment Date" means each February 1 and August 1 on which principal of and interest on the TIF Note is paid. "Parking Lot" means the parking lot to be constructed by Redeveloper based on the designs set forth in EXHIBIT F. The Parking Lot will be available for free public parking except for the days the Redeveloper has events at the Amphitheater pursuant to the terms of the License Agreement. "Parking Lot Parcel" means Lot 1, Block 2, Canterbury Amp Addition. "Public Redevelopment Costs" means costs related to the development of the Minimum Improvements and eligible to be reimbursed with Tax Increment, including but not limited to land acquisition costs, site improvement costs, infrastructure costs, utility costs, demolition and remediation costs, and the parking facilities. "Purchase Agreement" means the purchase agreement, dated November , 2022, between the Authority and the Redeveloper. "Redeveloper" means Bloomington Investments, LLC, a Minnesota limited liability company, or its permitted successors and assigns. 4 Page 190 of 268 "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project approved and adopted by the Board and the City Council. "Redevelopment Project" means the Minnesota River Valley Housing and Redevelopment Project No. 1. "Redevelopment Property" means the real property described in EXHIBIT A and EXHIBIT B attached hereto. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Tax Increment Property and which is remitted to the Authority as tax increment pursuant to the TIF Act. "Tax Increment Property" means the property from which the Available Tax Increment will be derived. A depiction of the Tax Increment Property is set forth in EXHIBIT G. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 through 469.1794, as amended. "TIF District" means the Tax Increment Financing (Redevelopment) District No. 18, a redevelopment district within the Redevelopment Project. "TIF Note" means the Tax Increment Limited Revenue Note, substantially in the form attached hereto as EXHIBIT C, to be delivered by the Authority to the Redeveloper pursuant to Section 3.4(a) hereof. "TIF Plan" means the Tax Increment Financing Plan for the TIF District approved by the City Council of the City on March 6, 2018, as amended by the City Council of the City on August 8, 2018, as further amended by the City Council of the City on April 21, 2020, as further amended by the City Council on September 7, 2021, and as it may be further amended. "Unavoidable Delays" means delays beyond the reasonable control of the Buyer as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire, or other casualty to the Minimum Improvements, inability to obtain materials or supplies for reasons outside the Buyer's reasonable control, pandemic, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state, or local governmental unit (other than the Seller in exercising its rights under this Agreement) which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under this Section 35 of this Agreement. (The remainder of this page is intentionally left blank.) 5 Page 191 of 268 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is an economic development authority organized and existing under the laws of the State. Under the provisions of the EDA Act and the HRA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder, and execution of this Agreement has been duly, properly and validly authorized by the Authority. (b) The Authority proposes to assist in financing certain land acquisition costs and site improvement costs necessary to facilitate the construction of the Minimum Improvements in accordance with the terms of this Agreement to further the objectives of the Redevelopment Plan. (c) The activities of the Authority are undertaken for the purpose of fostering the redevelopment of certain real property in the City, which will create new tax base in the City and create employment opportunities in the City. (d) The execution, delivery and performance of this Agreement and of any other documents or instruments required pursuant to this Agreement by the Authority, and consummation of the transactions contemplated therein and the fulfillment of the terms thereof, do not and will not conflict with or constitute a breach of or default under any existing (i) indenture, mortgage, deed of trust or other agreement or instrument to which the Authority is a party or by which the Authority or any of its property is or may be bound; or (ii) legislative act, constitution or other proceedings establishing or relating to the establishment of the Authority or its officers or its resolutions. (e) There is not pending, nor to the best of the Authority's knowledge is there threatened, any suit, action or proceeding against the Authority before any court, arbitrator, administrative agency or other governmental authority that materially and adversely affects the validity of any of the transactions contemplated hereby, the ability of the Authority to perform its obligations hereunder, or the validity or enforcement of this Agreement. (f) No commissioner of the Board or officer of the Authority has either a direct or indirect financial interest in this Agreement, nor will any commissioner or officer benefit financially from this Agreement within the meaning of Section 469.009 of the HRA Act. Section 2.2. Representations by the City. (a) The City is a statutory city organized and existing under the Constitution and the laws of the State. Under the provisions of the HRA Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the City are undertaken for the purpose of fostering the redevelopment of certain real property in the City, which will create new tax base in the City and create employment opportunities in the City. 6 Page 192 of 268 Section 2.3. Representations by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company duly organized and in good standing under the laws of the State, is duly authorized to transact business within the State, and has the power to enter into this Agreement. (b) The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan, and all local, State, and federal laws and regulations (including but not limited to environmental, zoning, building code, and public health laws and regulations). (c) The Redeveloper has received no notice or communication from any local, State or federal official that the activities of the Redeveloper or the Authority in or on the Redevelopment Property may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, State, or federal environmental law, regulation, or review procedure. (d) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The proposed development by the Redeveloper hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. (g) The Redeveloper shall promptly advise the Authority in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Redeveloper or its business which may delay or require changes in construction of the Minimum Improvements. (The remainder of this page is intentionally left blank ) 7 Page 193 of 268 ARTICLE III Property Acquisition; Financing Section 3.1. Status of Redevelopment Property. The Authority currently owns the Authority Property and shall convey the Authority Property to the Redeveloper pursuant to the provisions of the Purchase Agreement. The Redeveloper has entered into two purchase agreements to purchase the Additional Property. The Authority has no obligation to purchase the Additional Property. Section 3.2. Conveyance of Authority Property. The Authority and the Redeveloper have entered into the Purchase Agreement which sets forth the terms of the purchase of the Property. Section 3.3. Issuance of Pay -As -You -Go TIF Note. (a) To reimburse the Redeveloper for certain Public Redevelopment Costs, the Authority shall issue and deliver and the Redeveloper shall purchase the TIF Note in the principal amount of $1,000,000 in substantially the form set forth in EXHIBIT C. The Authority and the Redeveloper agree that the consideration from the Redeveloper for the purchase of the TIF Note shall consist of the Redeveloper's payment of the Public Redevelopment Costs in at least the principal amount of the TIF Note. The Authority shall deliver the TIF Note upon delivery by the Redeveloper of an investment letter in substantially the form attached hereto as EXHIBIT D, together with evidence reasonably satisfactory to the Authority that the Redeveloper has paid the Public Redevelopment Costs in at least the principal amount of the TIF Note. The principal of and interest on the TIF Note shall be payable each Payment Date solely with Available Tax Increment. (b) The Redeveloper understands and acknowledges that the Authority makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the TIF Note will be sufficient to pay the principal of and interest on the TIF Note. Any estimates of Tax Increment prepared by the Authority or its financial or municipal advisors in connection with the TIF District or this Agreement are for the benefit of the Authority and are not intended as representations on which the Redeveloper may rely. (c) The Authority acknowledges that the Redeveloper may assign the TIF Note to a lender that provides part of the financing for the acquisition of the Redevelopment Property or the construction of the Minimum Improvements. Pursuant to the terms of the TIF Note, the TIF Note may be assigned if the assignee executes an investment letter in substantially the form set forth in EXHIBIT D. Section 3.4. Additional Subsidy. The Authority has provided a land write -down in the amount of $1,000,000, described in Section 8 of the Purchase Agreement. The Redeveloper will receive the TIF Note in the amount of up to $1,000,000, and the tax increment shall be used by the Redeveloper to develop the Parking Lot based on the designs set forth in EXHIBIT F. Once the Parking Lot is constructed by the Redeveloper pursuant to the designs in EXHIBIT F, the Redeveloper shall convey the Parking Lot to the Authority for $1.00. The Authority and the Redeveloper shall enter the License Agreement to allow the Redeveloper to have exclusive use of the Parking Lot for a maximum of 75 days per year for amphitheater parking. The License Agreement can be amended to include additional dates for Redeveloper's use, if needed. The Parking Lot shall be available to the public at all other times at no charge. 8 Page 194 of 268 Section 3.5. Parking Lot Agreement. The Redeveloper and the Master Developer shall enter into an agreement to maintain the Parking Lot and shall provide insurance naming the City and the Authority as additional insured. Section 3.6. Future Consideration of Structured Parking. Redeveloper may, at its option and upon sixty (60) days written notice to the Authority (the "Repurchase Notice") elect to repurchase the Parking Lot Parcel (the "Repurchase"). If Redeveloper elects the Repurchase, the closing date for the Repurchase shall be thirty (30) days after the date the Redeveloper delivers the Repurchase Notice to the Authority. On the closing date of the Repurchase, Redeveloper shall pay to the Authority a purchase price of One Dollar ($1.00) and the Authority shall convey title to the to the Parking Lot Parcel to Redeveloper in materially the same condition as title existed on the date Redeveloper conveyed the Parking Lot Parcel to the Authority. Redeveloper shall pay the closing costs attributable to the repurchase of the Parking Lot Parcel, including title insurance premiums, recording fees and the fees of the closer. If, as of the Closing Date, any portion of the TIF Note remains unpaid, then the parties shall execute and deliver (or cause to be executed and delivered) such instruments as are required to terminate the TIF Note and any further obligation of the Authority to make payments to the holder of the TIF Note subsequent to the closing date, except that any unpaid TIF Note installments based on real estate taxes previously paid shall be prorated to the closing date. On the closing date the parties shall execute a termination of the License Agreement in a form reasonably acceptable to the parties. The Authority's conveyance of the Parking Lot Parcel shall be subject to all applicable zoning and subdivision ordinances and the then existing PUD governing the development and use of the Parking Lot Parcel (the "PUD"). Any modification of the permitted use of the Parking Lot Parcel will be subject to the terms and conditions the PUD and such modification may require an amendment of the PUD in accordance with applicable City ordinances and regulations. Section 3.7. Termination of TIF District. At any time following the payment in full of the principal of and interest on TIF Note, the Authority may use the remaining Tax Increment for any other authorized uses set forth in the TIF Plan or may terminate the TIF District. Section 3.8. Records. The Authority, the City, and their representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements and the costs for which the Redeveloper has been reimbursed with Tax Increment. Section 3.9. Exception to Business Subsidy Act. Section 116J.993, subdivision 3(17) of the Business Subsidy Act provides an exception from the Business Subsidy Act for redevelopment when the recipient's investment in the purchase of the site and in site preparation is seventy percent (70%) or more of the assessor's current year's estimated market value. In order to use this exception, the Redeveloper should warrant and represent that its investment in the purchase of the Redevelopment Property and the site preparation on such Redevelopment Property (net of any portion of such costs to be reimbursed with tax increment or any other subsidies provided by the City or Authority) will equal at least seventy percent (70%) of the County assessor's estimated market value for the Redevelopment Property for the 2022 assessment year, calculated as follows: Redevelopment Property cost $15,030,654 Plus Estimated cost of site preparation $16,150,000 Equals land cost and site preparation $31,180,654 2022 Assessor's Estimated Fair Market Value of Redevelopment Property $11,707,800 9 Page 195 of 268 $31,180,654 (acquisition and site preparation cost) less $8,280,000 (amount of financial assistance provided by City for acquisition and site preparation), equals $22,900,654 which is more than 70% of $11,707,800 (assessor's current estimated fair market value). (The remainder of this page is intentionally left blank.) 10 Page 196 of 268 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. Following the conveyance of the Authority Property to the Redeveloper and the purchase of the Additional Property by the Redeveloper, the Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property substantially in accordance with the Construction Plans as approved pursuant to Section 4.2 hereof, and at all times prior to the Maturity Date, the Redeveloper will operate and maintain, preserve, and keep the Minimum Improvements or cause such improvements to be maintained, preserved, and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit the Construction Plans to the Authority and the City. The Authority Representative and the City Representative will approve the Construction Plans in writing if (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper from all sources (including Redeveloper's equity) for construction of the Minimum Improvements; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the Authority Representative or the City Representative shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement or of the Redevelopment Plan, applicable federal, State, and local laws, ordinances, rules, and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative or the City Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative or the City Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) days after the date of their receipt by the Authority and the City. If the Authority Representative or the City Representative rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority and the City. The approval of the Authority Representative or the City Representative shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the satisfaction of the Authority and the City with the provisions of this Agreement relating thereto. (b) If the Redeveloper desires to make any Material Change in the Construction Plans after their approval by the Authority and the City, the Redeveloper shall submit the proposed change to the Authority and the City for their approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative and the City Representative shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority and the City unless rejected, in whole or in part, by written notice by the Authority 11 Page 197 of 268 and the City to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) days after receipt of the notice of such change. The approval by the Authority and the City of any such change in the Construction Plans may be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changes. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Redeveloper will commence the construction of the Minimum Improvements on or before November , 2023 and substantially complete construction of the Minimum Improvements by December 1, 2025. Construction is considered to be commenced upon the beginning of physical improvements beyond grading. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority and the City. The "Four -Year Rule" (Minn Stat. Section 469.176, subd. 6) states that if, after four years from the date of certification of the original net tax capacity of the TIF District, no demolition, rehabilitation, or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within the TIF District by the TIF Authority or by the owner of the parcel in accordance with the TIF Plan, no additional Tax Increment may be taken from that parcel, and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the TIF District. If none of the activities noted above are commenced, the parcels will be removed from the TIF District and returned to the TIF District after the work described above is completed but at the current net tax capacity. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Minimum Improvements. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative and the City Representative will furnish the Redeveloper with a Certificate of Completion shown in EXHIBIT D hereof; provided, however, that prior to the issuance of the Certificate of Completion, the Redeveloper must provide the Authority with evidence satisfactory to the Authority Representative and the City Representative that all contractors, subcontractors, and project laborers have been paid. (b) If the Authority Representative or the City Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section, the Authority Representative or the City Representative, as applicable, shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the Authority and the City, for the Redeveloper to take or perform in order to obtain such certification. (c) Regardless of whether a Certificate of Completion is issued by the Authority and the City, the construction of the Minimum Improvements shall be deemed to be complete upon issuance of a certificate of occupancy by the City. 12 Page 198 of 268 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority or the City, furnish the Authority or the City with proof of payment of premiums on policies covering the following: (i) builder's risk insurance, written on the so-called `Builder's Risk— Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy; the interest of the Authority and the City shall be protected in accordance with a clause in form and content satisfactory to the Authority and the City; (ii) comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with a Protective Liability Policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used); the Authority and the City shall be listed as additional insureds on the policy; and (iii) workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority or the City shall furnish proof of the payment of premiums on, insurance as follows: (i) insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses; (ii) comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $2,000,000, and shall be endorsed to show the Authority and the City as additional insureds; and (iii) such other insurance, including workers' compensation insurance respecting all employees, if any, of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self -insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority and the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the 13 Page 199 of 268 coverage provided below the amounts required herein without giving written notice to the Redeveloper, the Authority, and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority and the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Redeveloper agrees to notify the Authority and the City immediately in the case of damage exceeding $200,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction, and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. (e) Notwithstanding anything to the contrary contained in this Agreement, in the event of damage to the Minimum Improvements in excess of $200,000 and the Redeveloper fails to complete any repair, reconstruction or restoration of the Minimum Improvements within eighteen (18) months from the date of damage, the Authority may, at its option, terminate the TIF Note as provided in Section 9.3(b) hereof. If the Authority terminates the TIF Note, such termination shall constitute the Authority's sole remedy under this Agreement as a result of the Redeveloper's failure to repair, reconstruct, or restore the Minimum Improvements. Thereafter, the Authority shall have no further obligations to make any payments under the TIF Note. (f) The Redeveloper, the Authority, and the City agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority and the City with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII hereof. (The remainder of this page is intentionally left blank ) 14 Page 200 of 268 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment through issuance of the TIF Note. The Redeveloper understands that the Tax Increments pledged to payment of the TIF Note are derived from real estate taxes on the Redevelopment Property, which taxes must be promptly and timely paid. To that end, the Redeveloper agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum Improvements. The Redeveloper acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorneys' fees. Section 6.2. Reduction of Taxes. The Redeveloper agrees that prior to completion of the Minimum Improvements, it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through (a) willful destruction of the Redevelopment Property or any part thereof (except for the demolition of structures required for construction of the Minimum Improvements); or (b) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 hereof. The Redeveloper also agrees that it will not, prior to the Maturity Date, (i) seek exemption from property tax for the Redevelopment Property; or (ii) convey or transfer or allow conveyance or transfer of the Redevelopment Property to any entity that is exempt from payment of real property taxes under State law. The Redeveloper may, at any time following the issuance of the Certificate of Completion, seek through petition or other means to have the assessor's estimated market value for the Redevelopment Property reduced. Such activity must be preceded by written notice from the Redeveloper to the Authority indicating its intention to do so. Upon receiving such notice, or otherwise learning of the Redeveloper's intentions, the Authority may suspend or reduce payments due under the TIF Note except for the portion of such payments from Available Tax Increment based on the Minimum Market Value as described in the Minimum Assessment Agreement, or the assessor's estimated market value for the year in which the Minimum Improvements have been completed, if less than Minimum Market Value, until the actual amount of the reduction in market value is determined, whereupon the Authority will make the suspended payments less any amount that the Authority is required to repay the County as a result of any retroactive reduction in market value of the Redevelopment Property. During the period that the payments are subject to suspension, the Authority may make partial payments on the TIF Note, from the amounts subject to suspension, if it determines, in its sole and absolute discretion, that the amount retained will be sufficient to cover any repayment which the County may require. Upon resolution of the Redeveloper's tax petition, any Available Tax Increment deferred and withheld under this Section shall be paid, without interest thereon, to the extent payable under the assessor's final determination of market value. The Authority's suspension of payments on the TIF Note pursuant to this Section shall not be considered a default under Section 9.1 hereof. 15 Page 201 of 268 Section 6.3. Qualifications. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that upon a transfer of the Redevelopment Property to another person or entity, the Redeveloper will remain obligated under Sections 6.1 and 6.2 hereof, unless the Redeveloper is released from such obligations in accordance with the terms and conditions of Section 8.2(b) or 8.3 hereof. (The remainder of this page is intentionally left blank.) 16 Page 202 of 268 ARTICLE VII Financing Section 7.1. Mortgage Financing. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the Authority and the City evidence of one or more commitments for financing which, together with committed equity for such construction, is sufficient for payment of the Minimum Improvements. Such commitments may be submitted as short-term financing, long-term mortgage financing, a bridge loan with a long-term take-out financing commitment, or any combination of the foregoing. (b) If the Authority and the City find that the financing is sufficiently committed and adequate in amount to pay the costs specified in subsection (a) above, then the Authority and the City shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within thirty (30) days from the date when the Authority and the City are provided the evidence of financing. A failure by the Authority and the City to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority and the City reject the evidence of financing as inadequate, they shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within thirty (30) days after such rejection. Section 7.2. Option of Authority and City to Cure Default in Mortgage. In the event that any portion of the Redeveloper's funds is provided through mortgage financing, and there occurs a default under any Mortgage authorized pursuant to this Article VII, the Redeveloper shall cause the Authority and the City to receive copies of any notice of default received by the Redeveloper from the Holder of such Mortgage. Thereafter, the Authority and the City shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. Section 7.3. Modification; Subordination. In order to facilitate the Redeveloper obtaining financing for the development of the Minimum Improvements, the Authority and the City agree to subordinate their rights under this Agreement to the Holder of any Mortgage securing construction or permanent financing, under terms and conditions reasonably acceptable to the Authority and the City. An agreement to subordinate this Agreement must be approved by the Board and the City Council. Section 7.4. Termination. All the provisions of this Article VII shall terminate with respect to the Minimum Improvements, upon delivery of the Certificate of Completion for the Minimum Improvements. The Redeveloper or any successor in interest to the Minimum Improvements or portion thereof, may sell or engage in financing or any other transaction creating a mortgage or encumbrance or lien on the Minimum Improvements or any portion thereof for which a Certificate of Completion has been obtained, without obtaining prior written approval of the Authority and the City; provided that such sale, financing or other transaction creating a mortgage or encumbrance shall not be deemed as resulting in any subordination of the rights of the Authority and the City under this Agreement unless the Authority and the City expressly consent to such a subordination. (The remainder of this page is intentionally left blank.) 17 Page 203 of 268 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that prior to issuance of the Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority and the City unless the Redeveloper remains liable and bound by this Agreement in which event approval by the Authority and the City is not required. Any such transfer shall be subject to the provisions of this Agreement. The Redeveloper may transfer the Redevelopment Property to an affiliated entity if the affiliated entity enters into an assignment and assumption agreement. (b) Prior to the issuance of the Certificate of Completion, in the event the Redeveloper, upon transfer or assignment of the Redevelopment Property seeks to be released from its obligations under this Agreement, the Authority and the City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority and the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority and the City, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority or the City of any rights or remedies or controls with respect to the Redevelopment Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or 18 Page 204 of 268 limit the Authority or the City of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority or the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority and the City. In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its obligation under this Agreement. After issuance of the Certificate of Completion for the Minimum Improvements, the Redeveloper may transfer or assign the Redevelopment Property or the Redeveloper's interest in this Agreement if it obtains the prior written consent of the Authority and the City (which consent will not be unreasonably withheld) and the transferee or assignee is bound by all the Redeveloper's obligations hereunder. The Redeveloper shall submit to the Authority and the City written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Redeveloper's obligations under this Agreement. If the Redeveloper fails to provide such evidence of transfer and assumption, the Redeveloper shall remain bound by all its obligations under this Agreement. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority, the City, and their governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and its respective governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation, gross negligence or any willful or wanton misconduct of the Authority, the City, or their governing body members, officers, agents or employees, the Redeveloper agrees to protect and defend the Authority, the City, and their governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Minimum Improvements. As to any willful misrepresentation, gross negligence or any willful or wanton misconduct of the Authority, the City, or their governing body members, officers, agents or employees, the Authority and the City agree to protect and defend the Redeveloper, its officers, agents, servants and employees and hold the same harmless from any such proceedings. (c) The Authority, the City, and their governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the Authority and the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations 19 Page 205 of 268 of the Authority and the City and not of any governing body member, officer, agent, servant or employee of the Authority or the City in the individual capacity thereof. 20 Page 206 of 268 ARTICLE IX Events of Default Section 9.1. Events of Default. The following will be "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement, any one or more of the following events, after the non -defaulting party provides thirty (30) days' written notice to the defaulting party of the event, but only if the event has not been cured within said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting party does not, within the thirty (30) day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) failure by the Redeveloper, the Authority, or the City to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement; or (b) if the Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; (ii) makes an assignment for benefit of its creditors; (iii) fails to pay real estate taxes on the Redevelopment Property or the Minimum Improvements as they become due; (iv) admits in writing its inability to pay its debts generally as they become due; or (v) is adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 hereof occurs, the non -defaulting party may exercise its rights under this Section 9.2 after providing thirty (30) days' written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty (30) days, the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement; (b) cancel and rescind or terminate this Agreement, subject to the provisions of Section 9.3; (c) upon a default by the Redeveloper, the Authority may suspend payments under the TIF Note or terminate the TIF Note, subject to the provisions of Section 9.3 hereof; or (d) take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 21 Page 207 of 268 Section 9.3. Termination or Suspension of TIF Note. After the Authority has issued its Certificate of Completion for the Minimum Improvements, the Authority and the City may exercise its rights under Section 9.2 hereof only for the following Events of Default: (a) the Redeveloper fails to pay real estate taxes or assessments on the Redevelopment Property or any part thereof when due, and such taxes or assessments shall not have been paid, or provision satisfactory to the Authority made for such payment, within thirty (30) days after written demand by the Authority to do so; or (b) the Redeveloper fails to comply with Redeveloper's obligation to operate and maintain, preserve, and keep the Minimum Improvements or cause such improvements to be maintained, preserved, and kept with the appurtenances and every part and parcel thereof, in good repair and condition, pursuant to Sections 4.1 and 5.1 hereof; provided that, upon Redeveloper's failure to comply with Redeveloper's obligations under Section 4.1 or 5.1 hereof, if uncured after thirty (30) days' written notice to the Redeveloper of such failure, the Authority may only suspend payments under the TIF Note until such time as Redeveloper complies with said obligations; if the Redeveloper fails to comply with said obligations for a period of eighteen (18) months, the Authority may terminate the T1F Note. Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or the Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the notices already required in Sections 9.2 and 9.3 hereof. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.6. Attorneys' Fees and Costs. Whenever any Event of Default occurs and if the Authority or the City employs attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreement, and the Authority or the City prevails in the action, the Redeveloper agrees that it will, within ten (10) days of written demand by the Authority or the City, pay to the Authority or the City the reasonable fees of the attorneys and the other expenses so incurred by the Authority or the City. (The remainder of this page is intentionally left blank ) 22 Page 208 of 268 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority, the City, and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority, the City, or County or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement it will comply with all applicable federal, State, and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that, prior to the Maturity Date, the Redeveloper, and such successors and assigns, shall use the Redevelopment Property solely for redevelopment purposes in accordance with the terms of this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and To the Redeveloper: To the Authority: Bloomington Investments, LLC 510 First Avenue North, Suite 600 Minneapolis, MN 55403 Attn: Ned Abdul Shakopee EDA 485 Gorman Street Shakopee, MN 55379 Attn: Executive Director 23 Page 209 of 268 To the City: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Attn: City Administrator or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement or a memorandum of this Agreement and any amendments thereto with the County Recorder and/or Registrar of Titles of the County, as the case may be. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement executed by the Authority, the City, and the Redeveloper. Section 10.10. Interpretation; Concurrence. The language in this Agreement shall be construed simply according to its generally understood meaning, and not strictly for or against any party and no interpretation shall be affected by which party drafted any part of this Agreement. By executing this Agreement, the parties acknowledge that they (a) enter into and execute this Agreement knowingly, voluntarily and willingly of their own volition with such consultation with legal counsel as they deem appropriate; (b) have had a sufficient amount of time to consider this Agreement's terms and conditions, and to consult an attorney before signing this Agreement; (c) have read this Agreement, understand all of its terms, appreciate the significance of those terms and have made the decision to accept them as stated herein; and (d) have not relied upon any representation or statement not set forth herein. (The remainder of this page is intentionally left blank.) 24 Page 210 of 268 IN WITNESS WHEREOF, the Authority, the City, and the Redeveloper have caused this Contract for Private Redevelopment to be duly executed by their duly authorized representatives as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 2022, by Jody Brennan, the President of the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 2022, by William H. Reynolds, the Executive Director of the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the Authority. Notary Public S-1 Page 211 of 268 Execution page of the City to the Contract for Private Redevelopment, dated the date and year first written above. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 2022, by William P. Mars, the Mayor of the City of Shakopee, Minnesota, a statutory city organized and existing under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2022, by William H. Reynolds, the City Administrator of the City of Shakopee, Minnesota, a statutory city organized and existing under the laws of the State of Minnesota, on behalf of the City. Notary Public S-2 Page 212 of 268 Execution page of the Redeveloper to the Contract for Private Redevelopment, dated the date and year first written above. STATE OF MINNESOTA COUNTY OF ) SS. ) BLOOMINGTON INVESTMENTS, LLC By Its The foregoing instrument was acknowledged before me this day of , 2022, by , the of Bloomington Investments, LLC, a Minnesota limited liability company, on behalf of the Redeveloper. Notary Public S-3 Page 213 of 268 EXHIBIT A LEGAL DESCRIPTION OF AUTHORITY PROPERTY PID No. 271320020: Lot 2, Block 1, Behringer's 1st Addition, according to the plat thereof, Scott County, Minnesota PID No. 279040103: The South Half (S 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 115, Range 22 West, Scott County, Minnesota A-1 Page 214 of 268 EXHIBIT B LEGAL DESCRIPTION OF ADDITIONAL PROPERTY P1D No. 275010030: [insert legal] B-1 Page 215 of 268 EXHIBIT C FORM OF TIF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE No. R-1 $1,000,000 TAX INCREMENT LIMITED REVENUE NOTE SERIES Rate Date of Original Issue , 20 The Economic Development Authority for the City of Shakopee, Minnesota (the "Authority"), for value received, certifies that it is indebted and hereby promises to pay to Bloomington Investments, LLC, a Minnesota limited liability company, or registered assigns (the "Owner"), the principal sum of $1,000,000 and to pay interest thereon at the rate per annum set forth above, as and to the extent set forth herein. Capitalized terms used herein that are otherwise not defined shall have the meanings provided in the Contract for Private Redevelopment, dated November , 2022 (the "Contract"), between the Authority, the City of Shakopee, Minnesota (the "City"), and the Owner. 1. Payments. Principal and interest (the "Payments") shall be paid on , 20 and each February 1 and August 1 thereafter (each a "Payment Date") to and including February 1, 2046 , in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon thirty (30) days' written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated above shall accrue on the unpaid principal, commencing on the Date of Original Issue. Interest shall accrue on a simple basis and will not be added to principal. Interest shall be computed on the basis of a year of three hundred sixty (360) days and charged for actual days principal is unpaid. 3. Available Tax Increment. Payments on this Note are payable on each Payment Date in the amount of and solely payable from "Available Tax Increment," which will mean, on each Payment Date, ninety percent (90%) of the Tax Increment attributable to the Tax Increment Property (as defined in the Contract) and paid to the Authority by the County in the six (6) months preceding the Payment Date. The principal of and interest on this Note shall be payable each Payment Date solely from Available Tax Increment. Available Tax Increment will not include any Tax Increment if, as of any Payment Date, there is C-1 Page 216 of 268 an uncured Event of Default under the Agreement. Principal payments on this Note are subordinate to all of the City's General Obligation Tax Increment Bonds that have been issued or will be issued in the maximum amount of up to $22,377,450 (net of capitalized interest, costs of issuance of the bonds, underwriter's discount, and bond discount (if any)) and an interfund loan of the Authority in the maximum amount of up to $6,300,000 (collectively, the "TIF Bonds"). Therefore, Available Tax Increment (as defined in the Agreement) will first be used by the City to provide debt service coverage in the amount of one hundred and five percent (105%) of the principal of and interest on the TIF Bonds and to reimburse the City for any Deficiency Payments (as defined in the Agreement). The City will only make payments on this the existing Canterbury TIF Note and this TIF Note in the amount of Available Tax Increment remaining after the payment of principal of and interest on the TIF Bonds on each Payment Date. The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment, and the failure of the Authority to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment. The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the payment of Available Tax Increment from the last payment of Tax Increment the Authority is entitled to receive from the County with respect to the Redevelopment Property. 4. Optional Prepayment. The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Note. 5. Termination. At the Authority's option, this Note shall terminate and the Authority's obligation to make any payments under this Note shall be discharged upon the occurrence of an Event of Default on the part of the Owner, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 6. Nature of Obligation. This Note is issued to aid in financing certain public redevelopment costs and administrative costs of a Redevelopment Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the Board of Commissioners of the Authority on October 4, 2022, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1794, as amended. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Estimated Tax Increment Payments. Any estimates of Tax Increment prepared by the Authority or its financial or municipal advisors in connection with the TIF District or the Agreement are for the benefit of the Authority, and are not intended as representations on which the Owner may rely. THE AUTHORITY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THIS NOTE. C-2 Page 217 of 268 8. Registration. This Note is issuable only as a fully registered note without coupons. 9. Transfer. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the Finance Director of the City. Upon surrender for transfer of the TIF Note, including any assignment or exchange thereof, duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Finance Director of the City, as registrar (the "Registrar"), duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, and the payment by the Owner of any tax, fee, or governmental charge required to be paid by or to the Authority with respect to such transfer or exchange, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. Notwithstanding the foregoing, the TIF Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an investment letter in a form substantially similar to the investment letter in Exhibit D attached to the Agreement or a certificate of the transferor, in a form satisfactory to the Executive Director of the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. The Owner may assign the TIF Note to a lender that provides all or part of the financing for the acquisition of the Redevelopment Property or the construction of the Minimum Improvements. The Authority hereby consents to such assignment, conditioned upon receipt of an investment letter from such lender in substantially the form attached to the Agreement as Exhibit D, or other form reasonably acceptable to the Executive Director of the Authority. The Authority also agrees that future assignments of the TIF Note may be approved by the Executive Director of the Authority without action of the Board of Commissioners of the Authority, upon the receipt of an investment letter in substantially the form of Exhibit D of the Agreement or other investment letter reasonably acceptable to the Authority from such assignees. This Note is issued pursuant to the Resolution and is entitled to the benefits thereof, which Resolution is incorporated herein by reference. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the Economic Development Authority for the City of Shakopee, Minnesota has caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA Executive Director President C-3 Page 218 of 268 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the Economic Development Authority for the City of Shakopee, Minnesota, in the name of the person last listed below. Date of Registration Registered Owner Signature of Finance Director Bloomington Investments, LLC Federal ID # C-4 Page 219 of 268 EXHIBIT D FORM OF INVESTMENT LETTER To the Economic Development Authority for the City of Shakopee, Minnesota (the "Authority") Attention: Executive Director Re: $ Tax Increment Limited Revenue Note, Series 20 The undersigned, as Owner of $ in principal amount of the above -captioned Note (the "Note") pursuant to a resolution adopted by the Board of Commissioners of the Authority on October 4, 2022 (the "Resolution"), hereby represents to you and to Kennedy & Graven, Chartered, Minneapolis, Minnesota, development counsel, as follows: 1. We understand and acknowledge that the TIF Note is delivered to the Owner as of this date pursuant to the Resolution and the Contract for Private Redevelopment, dated November , 2022 (the "Contract"), between the Authority, the City of Shakopee, Minnesota, and the Owner. 2. We understand that the TIF Note is payable as to principal and interest solely from Available Tax Increment (as defined in the TIF Note). 3. We further understand that any estimates of Tax Increment prepared by the Authority or its financial or municipal advisors in connection with the TIF District, the Contract or the TIF Note are for the benefit of the Authority, and are not intended as representations on which the Owner may rely. 4. We have sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the above -stated principal amount of the TIF Note. 5. We acknowledge that no offering statement, prospectus, offering circular or other comprehensive offering statement containing material information with respect to the Authority and the TIF Note has been issued or prepared by the Authority, and that, in due diligence, we have made our own inquiry and analysis with respect to the Authority, the TIF Note and the security therefor, and other material factors affecting the security and payment of the TIF Note. 6. We acknowledge that we have either been supplied with or have access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and we have had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the Authority, the TIF Note and the security therefor, and that as a reasonable investor we have been able to make our decision to purchase the above -stated principal amount of the TIF Note. 7. We have been informed that the TIF Note (i) is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state, or under federal securities laws or regulations; (ii) will not be listed on any stock or other securities exchange; and (iii) will carry no rating from any rating service. 8. We acknowledge that neither the Authority nor Kennedy & Graven, Chartered has made any representations as to the status of interest on the TIF Note for state or federal income tax purposes. D-1 Page 220 of 268 9. We represent to you that we are purchasing the TIF Note for our own accounts and not for resale or other distribution thereof, except to the extent otherwise provided in the TIF Note, the Resolution, or any other resolution adopted by the Authority. 10. All capitalized terms used herein have the meaning provided in the Contract unless the context clearly requires otherwise. 11. The Owner's federal tax identification number is 12. We acknowledge receipt of the TIF Note as of the date hereof. Dated: , 20 BLOOMINGTON INVESTMENTS, LLC By Its D-2 Page 221 of 268 EXHIBIT E FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that Bloomington Investments, LLC, a Minnesota limited liability company (the "Redeveloper"), has fully complied with its obligations under Articles III and IV of the Contract for Private Redevelopment, dated November , 2022 (the "Agreement"), between the Economic Development Authority for the City of Shakopee, Minnesota, the City of Shakopee, Minnesota, and the Redeveloper (the "Contract") [, a memorandum of] which was recorded in the office of [County Recorder] [Registrar of Titles] of Scott County, Minnesota on , 20 , as document number , with respect to construction of the Minimum Improvements in accordance with Article IV of the Agreement, and that the Redeveloper is released and forever discharged from its obligations with respect to construction of the Minimum Improvements under Articles III and IV of the Agreement. Dated: , 20 . STATE OF MINNESOTA ) SS. COUNTY OF SCOTT ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Executive Director The foregoing instrument was acknowledged before me this , 20, by , the Executive Director of the Economic Development Authority for the City of Shakopee, Minnesota, on behalf of the Authority. Notary Public CITY OF SHAKOPEE, MINNESOTA By Its City Administrator E- 1 Page 222 of 268 STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this , 20, by , the City Administrator of the City of Shakopee, Minnesota, on behalf of the City. Notary Public E-2 Page 223 of 268 EXHIBIT F DESIGNS FOR PUBLIC PARKING LOT [INSERT DESIGNS FOR PARKING LOT] F-1 Page 224 of 268 EXHIBIT G DESCRIPTION OF TAX INCREMENT PROPERTY Lot 1 Block 1, Canterbury Amp Addition, according to the plat thereof, Scott County, Minnesota Lots 1 and 2, Block 2, Canterbury Amp Addition, according to the plat thereof, Scott County, Minnesota Outlot B, Canterbury Amp Addition, according to the plat thereof, Scott County, Minnesota G-1 Page 225 of 268 EXHIBIT H FORM OF LICENSE AGREEMENT [INSERT AGREEMENT] License Agreement will include the following: • Redeveloper will have exclusive use of the Parking Lot without charge for 75 days per year, which number will be subject to increase if the number of events at the Amphitheater exceed that that number. • Redeveloper may charge for parking at the Parking Lot in conjunction with Amphitheater events. • On days when no Amphitheater events occur, the public shall be allowed to park without fee. • Redeveloper shall not be obligated to remove snow from the Parking Lot until and unless and until development occurs on Outlot B. • Redeveloper shall be responsible for ordinary maintenance and repair of the Parking Lot and insurance SH235-37 (JAE) 817598v4 H-1 Page 226 of 268 CITY OF SHAKOPEE RESOLUTION R2022-139 RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITH THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA AND BLOOMINGTON INVESTMENTS, LLC WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota (the "Authority") was created pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended, and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Shakopee, Minnesota (the "City"); and WHEREAS, the City has previously established and the Authority administers Tax Increment Financing (Redevelopment) District No. 18 (the "TIF District") within the Minnesota River Valley Housing and Redevelopment Project No. 1 in the City, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended; and WHEREAS, Bloomington Investments, LLC, a Minnesota limited liability company (the "Redeveloper"), proposes to acquire certain property from the Authority (the "Authority Property") and certain other parcels (the "Additional Property," and together with the Authority Property, the "Redevelopment Property") within the TIF District; and WHEREAS, the Redeveloper proposes to construct on the Redevelopment Property an approximately 19,000-seat amphitheater with associated back -of -house facilities, a roof over the seating area, a large outdoor/lawn area, and support facilities, including a parking lot for approximately 600 vehicles and buses (the "Minimum Improvements"); and WHEREAS, Redeveloper proposes to construct a public parking lot ("Parking Lot") on Block 1, Lot 2, Canterbury Amp Addition, and once the construction of the Parking Lot is completed, the Redeveloper intends to donate the Parking Lot to the Authority for public parking; WHEREAS, the Authority will enter into a License Agreement with the Redeveloper for exclusive use of the Parking Lot by the Redeveloper when there are performances at the amphitheater; and WHEREAS, on October 4, 2022, following a duly noticed public hearing, the Board of Commissioners of the Authority (the "Board") adopted a resolution approving a purchase agreement between the Authority and the Redeveloper for the purchase of the Authority Property and the sale of the Authority Property to the Redeveloper (or its assigns); and WHEREAS, there has been presented before the City Council a Contract for Private Redevelopment (the "Agreement") between the City, the Authority, and the Redeveloper setting forth the terms of the development of the Minimum Improvements; and WHEREAS, pursuant to the terms of the Agreement, the Authority will consider reimbursing the Redeveloper for qualified redevelopment costs related to the Minimum Improvements with tax increment revenue generated from certain property within the TIF District as contemplated in Exhibit H attached to the Page 227 of 268 Agreement; and WHEREAS, on the date hereof, the Board approved the execution of the Agreement; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Shakopee that: 1. The City Council approves the Agreement in substantially the form on file in City Hall. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Agreement. All of the provisions of Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Agreement shall be substantially in the faun on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination. 2. The Mayor and the City Administrator are hereby authorized to execute any other documents or certificates deemed necessary to carry out the transactions described in the Agreement and the intention of this resolution. Approved by the City Council of the City of Shakopee this 15th day of November, 2022. ATTEST: City Clerk SH235-37 (JAE) 837979v1 Mayor 2 Page 228 of 268 10.C.1. Shakopee City Council November 15, 2022 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: Purchase of a portion of the Americlnn Property at 4100 12th Avenue East and approve the preliminary layout of a public roadway. Policy/Action Requested: Adopt Resolution R2022-138 authorizing the acquisition of certain property from Midway Hospitality, LLC., and approving the layout of a public roadway. Recommendation: Adopt Resolution R2022-138. Discussion: The City's 2022 Capital Improvement plan contains the Canterbury Commons 12th Avenue East Driveway Consolidation Project (see attached CIP Sheet CIF-20-014, Project 10). The project includes modifications to 12th Avenue heading east of CSAH 83, including modification and consolidation of driveway accesses for improved corridor safety. On June 7, 2022, during a workshop session, the City Council was provided with a project update and options for the driveway consolidation. Feedback from adjacent property owners pertaining to the different options was received and the City Council directed to proceed with acquiring public easement from a portion of the Americlnn property to advance a driveway consolidation project. Subsequently, an appraisal was completed for the subject property at 4100 12th Avenue East (see attached easement sketch and property information) and a purchase price was negotiated with the owners of Midway Hospitality LLC., for the needed portion of the AmericInn property. Attached to this memo is the proposed layout of a new public cul-de-sac (see attached cul- de-sac and driveway layout exhibit). The public cul-de-sac will provide full driveway access Page 229 of 268 to the three adjacent properties. The city will need to construct public improvements including mitigating the private impacts including parking spots, trees, monument and directional signage and other minor miscellaneous items. Below is a summary of the impacts and input from the adjacent properties that has been received: • Culver's has verbally agreed to the proposed layout and access modifications. Their site impacts, including the exiting drive lane, parking and signage are proposed to be mitigated with the project. • Midway Hospitality (AmericInn) has agreed to the referenced terms. • Ashley/Furniture Mart has indicated their opposition to the closure of their driveway along 12th Avenue, understanding that the proposed layout provides full access for their property via the proposed public cul-de-sac right-of-way, immediately adjacent to 12th Avenue. Of note, Ashley also has a second full access driveway on the east end of their property, which will remain unchanged. Ashley remains engaged and is continuing to work with the city on a final driveway access for their property. • United Properties and CyberPower Systems have agreed to the closure of their western driveway as proposed, and shifting a new full access driveway further east along the property. • No changes to access are proposed for the Speedway/Marathon property. The land purchase and the preliminary roadway layout design are recommended for approval. Additionally and as a separate item on this agenda, a Professional Services Agreement is recommended for approval to begin final design of the proposed roadway. Budget Impact: The land purchase is budgeted in the 2022 Capital Improvement Fund as part of the referenced project and would be paid from the Canterbury Commons Development Tax Increment Funding. An updated cost estimate with total proposed project costs will be provided to City Council at a future date when the City Council considers approval of the construction plans and authorizes bid solicitation. ATTACHMENTS: • Resolution R2022-138 o Property Exhibit and Legal Description o Culdesac and Driveway Layout • CIP Sheet (CIF-20-014 Project 10) • Presentation Page 230 of 268 RESOLUTION R2022-138 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FROM MIDWAY HOSPITALITY, LLC., AND APPROVING THE LAYOUT OF A PUBLIC ROADWAY WHEREAS, Midway Hospitality, LLC., owns the property legally described in EXHIBIT A attached hereto (the "Property") located in the City of Shakopee, Minnesota (the "City"); and WHEREAS, Midway Hospitality, LLC., has agreed to sell the Property to the City, and the City proposes to acquire the Property from Midway Hospitality, LLC., for the purchase price of $336,600. WHEREAS, the City has agreed to construct new parking stalls, trees and signage to mitigate those items impacted on the Property due to construction of a new public roadway public roadway; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. The purchase of the Property by the City is hereby approved, subject to environmental review and final approval by Midway Hospitality, LLC. 2. The Mayor and City Administrator are hereby authorized to execute any other documents or certificates deemed necessary to carry out the intention of this resolution. 3. The layout and driveway modifications shown in EXHIBIT B are hereby approved in concept and should be used as the basis for developing construction plans and specifications for future consideration. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of November 2022. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 231 of 268 EASEM \I T S ETCF PART OF TRACT A, REGISTERED LAND SURVEY NO. 175, SCOTT COUNTY, MINNESOTA PROPERTY DESCRIPTION PARCEL DESCRIPTION: THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 175, SCOT COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE SOUTH 85 DEGREES, 44 MINUTES, 55 SECONDS WEST, AN ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 870.25 FEET TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 04 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 504.99 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT A, AND SAID LINE THERE TERMINATING, SCOTT COUNTY, MINNESOTA. EASEMENT DESCRIPTON: RIGHT OF WAY EASEMENT, OVER UNDER AND ACROSS THE FOLLOWIHNG DESCRIBED PARCEL: THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 175, SCOT COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE SOUTH 85 DEGREES, 44 MINUTES, 55 SECONDS WEST, AN ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 870.25 FEET TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 04 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 504.99 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT A, AND SAID LINE THERE TERMINATING, SCOTT COUNTY, MINNESOTA. THE RIGHT OF WAY EASEMENT IS MORE PARTICUALLAY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE SOUTH 85 DEGREES, 44 MINUTES, 55 SECONDS WEST, AN ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 870.25 FEET TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE SOUTH 85 DEGREES, 44 MINUTES, 55 SECONDS WEST, AN ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 870.25 FEET; THENCE NORTH 04 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 315.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 04 DEGREES 11 MINUTES 19 SECONDS WEST, A DISTANCE OF 189.09 FEET TO THE NORTH LINE OF SAID TRACT A; THENCE NORTHWESTERLY 47.56 FEET ALONG A NORTHERLY LINE OF SAID TRACT A AND A NON -TANGENTIAL CURVE, SAID CURVE HAVING A RADIUS OF 481.06 FEET, A CENTRAL ANGLE OF 05 DECREES 39 MINUTES 51 SECONDS, A CHORD LENGTH OF 47.54 FEET AND A CHORD BEARING OF 81 DEGREES 08 MINUTES 10 SECONDS EAST; THENCE NORTH 78 DEGREES 18 MINUTES 14 SECONDS EAST, TANGENT TO LAST DESCRIBE CURVE AND ALONG A NORTHERLY LINE OF SAID TRACT A, A DISTANCE OF 52.44 FEET TO A NORTHWEST CORNER OF SAID TRACT A; THENCE SOUTH 00 DEGREES 00 MINUTES 090 SECONDS WEST, ALONG A WESTERLY LINE OF SAID TRACT A, A DISTANCE OF 214.24 FEET; THENCE NORTH 86 DEGREES 04 MINUTES 21 SECONDS EAST, A DISTANCE OF 112.40 FEET TO THE POINT OF BEGINNING. N86°04'21 "E 203.43 N00°00'00"E 1 z7'H AVENUE EA CHCBIIRG=SB>°08,1 8 A=5 39'S1•,54 >8',4 „E � 8 R_ 2.4 4 4 .OB off, L=47.56 ��,-)\-TRAIL EASEMENT PER \ \DOC. NO. T261065 - UTILITY EASEMENT _ PER DOC. N0. 59374 EASEMENT AREA EASEMENT POINT OF BEGINNING 112.4,0 , N86°04 21' E 10 EA -- TW Al PE w� J I---z ov 5 5 1 Property Card Taxpayer Information Taxpayer Name MIDWAY HOSPITALITY LLC Mailing Address 4100 12TH AVE E SHAKOPEE, MN 55379 Property Address Address 4100 12TH AVE E City Shakopee, MN 55379 Parcel ID Number 273170011 nh,w, mv4pp i m ruu,il����d'�tL t(1111111 �I�nll 11u '„pd jlli u�l ulri[w IIIIiIJ, ,[[" " i i'PI(d �suv 171tw WiI�� jjjjjjjjjjjjjjjjjjjjjjjjjjjjjJjjjjjjjjjjjjjjjjjjjjjjjjjJJrrogirohl NIIIII ulY 4 .1 Towymo 0000 ANNO Ih�l(d���(1��jII�IIIINhiuulllllll�� ['I �fldq^udoi, Vjk�IN�:IoWR(1�I°�I�VPNd"h�NdPtlllllll I�M�Ildddddl luf mlrtt�uuuuw II��IIIII'Illlul Vq�������� [llll���� »»r Parcel Information Uses Calculated Acres 2.50 233 3A COMMERCIAL LAND AND BUILDING Legal Description Legal Description2 Plat RLS 175 Lot TCT Block OOA SubdivisionName RLS 175 Lot TCT Block OOA SubdivisionCd 27317 I P/O LYING W OF LINE COM SE COR TCT A, W ALONG S LINE Building Information Building Style AGLA (Sq Ft) 0 Bedrooms 0 Year Built 0 Garage Size (Sq Ft) 0 Bathrooms 0.00 Model Desc Basement Size (Sq Ft) 0 (Sq F jent Finish 0 School District ISD 0720 SHAKOPEE Miscellaneous Information Taxing District Code Homestead Status Green Acres Ag Preserve 2204 N N N Assessor Information Estimated Market Value 2022 Values 2021 Values Last Sale (Payable 2023) (Payable 2022) Land $1,500,000.00 $1,500,000.00 Date of Sale 01/08/2018 Improvement $2,000,000.00 $2,000,000.00 Sale Value $4,200,000.0 0 Total $3,500,000.00 $3,500,000.00 haw ,,r8,ranler[. 1[[hh r,l / rapadu as is d,:;; b I¢[[9 f p ";1[,a.VI e� ,L,onty+d,J l arrnte[[[[^ J ,[er,ae;+,a+ d Vh", tor r�d� �r�ra"r�w ,s, , o„;o,.• ; mp � rrc:�f ��, ^ or[pd.ai'[VNldl." d1.^PuDir-p 1VI7 , p!'" , );r7TM"isi Nu,J f[Dr." p[ni ltl, .' 7,�0d. rr[i[s 1pd.l �u"pr[[["V �t on .!...h F f O. 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The following includes projects that were identified as local city infrastructure improvements to be paid for by the Canterbury Commons TIF (remaining projects, updated as part of 2021 TIF Amendment): Project 4: 2023 Eagle Creek Blvd/Vierling Drive Roundabout. City project, $1,700,000 Project 10: 2022 12th Ave E (Phase 2) driveway consolidation $1,000,000 I Project 13: 2024 Public Canterbury Commons Roadways (east side of development), Canterbury Developer project, $6,500,000 Justification Infrastructure improvements warranted as part of existing conditional traffic safety and operational needs and needed infrastructure as part of the Canterbury Commons development. Canterbury will be responsible for the "Cost Sharing" portion of this project, reimbursed via TIF. The City will issue Tax Increment Bonds for the City's portion of the project, to be reimbursed via TIF (including interest). Expenditures 2022 2023 2024 2025 2026 Total Improvements 1,000,000 1,700,000 6,500,000 9,200,000 Funding Sources Total 1,000,000 1,700,000 6,500,000 9,200,000 2022 2023 2024 2025 2026 Total Capital Bonds 1,000,000 1,700,000 2,700,000 Cost Sharing 6,500,000 6,500,000 Total 1,000,000 1,700,000 6,500,000 9,200,000 Budget Impact/Other TIF is the expected funding source for these improvements. Development timing would affect the project timeline. 40 Page 235 of 268 Capital Improvement Plan City of Shakopee, Minnesota 2022 thru 2026 Project # CIF-20-014 Project Name *Canterbury Commons (2022) - 12th Ave E driveways Department Capital Improvements Fund Contact Public Works Director E.Q.AND Il fiu 7"ms4 kr *giber •GmmKronx'rwl AlrSl°r oJUKytiGlurvli °--�1CounnN o-I ixdu I rAIVE» I IrtNlo NJ""'SI ,ra PKagm uwool Twti>siudy n wmrrmule nd°G'IrA Ns been focoriiiiivroesni qrd 66erMnW 0.wi:o-rifwio emiolatuwvuuo4# pxwBirll ormtruction P ngr 'riorll zat a I. Carw"elt;rM"yr dceroa'I'a VV°;,,fly°, „•m"6m.11 -_.. or s Gnu 00,0r 'gfl ltAu.1(B1 III VI I C�rlu If M N"Mv1M�y RD £ ,Via,)GI(b'h7i111VA Iffitulalhanurd vuaaarwr"rblr e f OP0 5,evu 14109 o,4ad a arks o wi 2 dGr 2,Sli r r 1,, 41 Page 236 of 268 III (IIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII (IIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 ll111111111111111111111 IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII 11 ll111111111111111111111 pp lnnmmmmniii III IIIIIII111IIIIII0 Ill000000000 Page 237 of 268 110 IIIIIIIIIIIIIIIIIIII itization Considerati Page 238 of 268 Coordination with Property Owners ,H111111111111111111111111411,11,1:11111111111111111giii11100011111111111 11111111111111'1111111111111L',','",',;111,„„„„,,„„„„ $11 )? fp' 11„„,„ lico? 11 11111111111i! 114 11111111 giporrIpl'A ' /rAriffe , 001,1„00,01,11,0„i1111,1,1,1,00,110gE0000, „00 ;000000 004111111111110100.000J1°°°1 itad g'ffi has. 0000'4,00 100010010,00, „ 10010110011.1.111000.000 10101 0'000' 1111111'11000 ,0„1„0.0„001, „0„, 00,000 „000,...0.000111111100111 110111100101011111111,011,1111011011111111111111011111,01111111111111111111111111101100 d0011000014•°, 1111011110010011°0° '1°11° 000101000 (Fr- 1( , ir.(;z2diiithiu 70;2rb7,, 2 / 11010,000000000010 +t 001 10002000 11111111111111111111 "10000a1000000000010 110000p1 ""'10,1100101111,00,01,1„1. 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U) U.1 0 Z CY 0 U) C' C.) raj >- 0 Parcel ID Number 0. 0. I L Eloolopoololovoo 11111111111110,1111111111,1111111111111111111111111111111111111111111111111111 1 rffg11111''fif „ „ „ or,,,,011,1,1,1,1,1,1,1,1,1,1,1,1))))111111,111„sjitIlitrii,111.11111111111111111111.1111'1111111111 HI 4 111111111111 tO 1 oil Ili SHAKOPEE. MN 55379 E0, 0, 4100 12TH AVE E a 5 i.3 6 , , 0 o (1) o, La 0 „ z 904" I 111 9"E 501.99 11, 0 f 99.6 E04.001.95"'4 a z 0 zr 8 0 (00 0 04 TE. 7,, 0 '5 0 z 0 7 o — a 5 a 0 5 < Date of Sale 0. 01 8 47, O. TT, 3 3 40 40 0 Lu 52.000.000.00 Sale Value S3,500,000,00 11.A. Shakopee City Council November 15, 2022 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subj ect: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: These reports reflect the expenditures as recorded for 2022 activity. The following transactions are notable for this reporting cycle: • CRE8PLAY: Down payment for the design process for Windermere Park Observation Tower. $69,700.00 • Northwest Asphalt Inc; Estimate voucher #5 for Utility Extension -Maras St, 13th Ave East and Hansen Sewer project. $677,393.52 Included in the check list are various refunds, returns, and pass through. Budget Impact: Operating and capital expenditures within the 2022 budget. ATTACHMENTS: o Council Check Summary o Council Check Register ▪ Bill List Transfers Page 242 of 268 11/10/202214:14:13 CITY OF SHAKOPEE O 0 J N CO 0 Council Check Summary e actual amount due to data sequencing and/or data selection. Payment amount may not r ai Z C O E (0 C) 7 O O I- co O 01C) O V O co I- O CO 01_ CO 1-- CO O M CO (O CO (O CO O N N (O O N 1- 0) O M O (O cc; I— CM (O O (.6 O IX) O O) (O CO CO NI-(O (O CO (O CO Cl-CO 010 CO M - r IO O 1O O CO M (O CO V 1- CO 01 CO CO (O 01 CO CO n O CO CO(O V O r N N N O 1� O O co' CO CO M V 03 O (O r CO 0) (O V 0) r I� 01r O) GENERAL FUND FORFEITURE 02190 ECONOMIC DEVELOPMENT AUTHORITY 02200 LOCAL PROJECTS FUND 02300 RIVER CITY CENTRE 2019A GO TAX INCREMENT REV BON PARK DEVELOPMENT CAPITAL IMPROVEMENT FUND TIF DIST #18 CANTERBURY COMMON TIF DIST#19 RIVERFRONT 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 INVESTMENT TRUST FUND (O O r N O O O (O CO O O (O O O V 01 N OO CO O O O O O r 01 01 V (O 0 0 O O O CO CO CO CO CO CO 0 0 0 M V V V V 1,- 1,- 1,- 1,- 1,- 1` r- co co CO 0 0 O O O O O O 0 0 0 0 0 0 0 Page 243 of 268 Council Check Register 0 m 0 .R 0 K w v 0 d c 0 0 E O OTHER PROF SERVICES SWMDTF - STATE GRANT SH- RECEIPT 0151.4511 250.00 0 CITY OF SHAKOPEE 0 0 N OTHER PROF SERVICES PERSONNEL -PAYROLL 0123.6327 FSA FEES- 10/22 100.00 OABG OTHER PROF SERVICES PERSONNEL -PAYROLL HSA FEES- 10/22 600.00 OABG 0 0 O rr CREDIT CARD FEES RECREATION 0671.6650 GLOBAL PAYMENT FEES- 09/22 3,180.45 OGLOBAL PAYMENTS INTEGRATED CREDIT CARD FEES SANDVENTURE POOL CREDIT CARD FEES ICE ARENA O O LO LO CO O (i? O N CO • r co co O O GLOBAL PAYMENT FEES- 09/22 8.06 OGLOBAL PAYMENTS INTEGRATED GLOBAL PAYMENT FEES- 09/22 1,290.37 OGLOBAL PAYMENTS INTEGRATED ADMINISTRATIVE CHARGES INSPECTION NSP SURCHG PMT- 09/22 BLDG PERMIT - SURCHARGE PLUMBING PERMIT -SURCHARGE ELECTRIC PERMIT -SURCHARGE HEATING PERMIT -SURCHARGE W & S PERMIT -SURCHARGE FIRE PERMIT- SURCHARGE CD CD C7 CD CD CD Z Z Z Z Z Z OC CC CC CC CC CC w w w w w w U U U U 0 0 FFFFFF J J J J J J D D D D D D NSP SURCHG PMT- 09/22 NSP SURCHG PMT- 09/22 0913.2062 NSP SURCHG PMT- 09/22 m a 0) O CO CO O O O N N N CO CO CO 0 0) 0) O O O NSP SURCHG PMT- 09/22 NSP SURCHG PMT- 09/22 NSP SURCHG PMT- 09/22 0 00 00 00 00 0 0 0J J J J J J J CO CO CO CO CO CO CO Et OC CC CC CC ❑ ❑ ❑ ❑ ❑ ❑ ❑ ZZZZZZZ (337.15) OMN DEPT OF LABOR & 14,609.40 OMN DEPT OF LABOR & 115.25 OMN DEPT OF LABOR & 1,054.30 OMN DEPT OF LABOR & 129.43 OMN DEPT OF LABOR & 868.58 OMN DEPT OF LABOR & 71.13 OMN DEPT OF LABOR & 0- w GENERAL FUND SALES TAX PAYABLE GENERAL FUND FUEL TAX PAYABLE GENERAL FUND O r N CO CO CO O O O N N O O O O O O O O O SALES TAX PAYMENT- 09/22 19.00 OMNDOR- SALESTAX SALES TAX PAYMENT- 09/22 7,862.00 OMNDOR- SALES TAX SALES TAX PAYMENT- 09/22 25.00 OMNDOR- SALES TAX 0 0 0 0 SALE OF DOCUMENTS SALE OF DOCUMENTS 0321.4513 SALE OF DOCUMENTS ENGINEERING 0411.4513 CAR/TRUCK WASHES CAR WASH CAR/TRUCK WASHES TRUCK WASH PARK FACILITY RENTAL SANDVENTURE POOL r co co co O co cor` a a a O N O O r` a a CO 0 0 O GENERAL ADMISSIONS ICE ARENA 0673.4766 SKATE SCHOOL ADMISSION ICE ARENA ICE RENTAL - PRIME TAXABLE ICE ARENA ROOM RENTALS ICE ARENA MEMBERSHIPS COMMUNITY CENTER 0674.4762 GENERAL ADMISSIONS COMMUNITY CENTER ROOM RENTALS COMMUNITY CENTER OTHER RECREATION FEES COMMUNITY CENTER ROOM RENTALS PARK SERVICES CO CO 00 O CO 0) r 0",r` r O r a a a a a a a u) r- r- r` N- CO CO O CO O O O O PARK FACILITY RENTAL PARK SERVICES 0675.4798 ROOM RENTALS RECREATION PROGRAMS SALES TAX PAYABLE GENERAL FUND O O CO r- O a N 0) O N- CO O O r NNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNNNNN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SALES TAX PAYABLE- 1.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 1.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 1.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 8.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 4.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 74.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 185.00 OMNDOR- SALESTAX SALES TAX PAYABLE- 387.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 1,719.00 OMNDOR- SALESTAX SALES TAX PAYABLE- 81.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 3,958.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 1,114.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 451.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 6.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 179.00 OMNDOR- SALESTAX SALES TAX PAYABLE- 38.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 531.00 OMNDOR- SALES TAX SALES TAX PAYABLE- (8,738.00) OMNDOR- SALES TAX 0 0 FUEL TAX PAYABLE GENERAL FUND FUEL TAX PAYMENT- 09/22 423.00 OMNDOR-SPECIAL FUEL TAX Page 244 of 268 Council Check Register 0 O m 0 m .0 fn 0 0 0 0 0 K W O 0 > 0 E O MOTOR FUELS & LUBRICANTS 0421.6222 MOTOR FUELS & LUBRICANTS 0621.6222 FUEL TAX PAYABLE GENERAL FUND MOTOR FUELS & LUBRICANTS SEWER MANAGEMENT MOTOR FUELS & LUBRICANTS SWEEPING N N N (V N N O N N N (O (0 O r C7 O r M O N. 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NNNNN N N N N N O O O O O FUEL TAX PAYABLE - FUEL TAX PAYABLE - FUEL TAX PAYABLE - FUEL TAX PAYABLE - FUEL TAX PAYABLE - 0 0 0 0 U W W W W W U CO EL 00000 00000 ZZZZZ 2 2 2 2 2 O O O O O n co O f) 0) 00 0) O oa o 0) N BANK FEES- NSF FEE COMMUNITY CENTER MONTHLY FEES- 09/22 26.25 OMONEYMOVERS F F F F F F F F F F F F F F F F F F F F F F F F F U CO U U U CO CO U CO CO CO CO CO CO U U CO U U U U CO CO U W W W W W W W W W W W W W W W W W W W W W W W W W C CC K CC CC CC Et CC cc K uJ ui w w K K w CC uJ uJ CC cc K cc CC W W W W W W W W W W W W W W W W W W W W W W W W W F F F F F F F F F F F F F F F F F F F F F F F F F ZZZZ z z z z z z z z z z z z z z z z z z z z z NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND NVESTMENT TRUST FUND CO CO CO CO CO CO CO W CO V O O O 0) LC> 0) W CO W 09/22 Account Maintenance 09/22 ACH Addenda Originated 09/22 ACH Credit Chargebacks 8050.4833 09/22 ACH Credits Originated 09/22 ACH Credits Received 09/22 ACH Debits Originated 09/22 ACH Debits Received 8050.4833 09/22 Branch -Deposit Coin/Curr 8050.4833 09/22 Check Positive Pay Issue 09/22 Check Positive Pay Paid 09/22 Checks Paid 8050.4833 09/22 Deposit Coverage 8050.4833 07 z 9 0 z y y 0 N U_ - 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FACILITIES 0181.6315 560.00 BOBS LAWN & LANDSCAPING , INC OTHER PROF SERVICES w 0 O 0 N cO O MOWING-JA91ORDINANCE 150.00 BOBS LAWN & LANDSCAPING , INC 0 co co N IMPROVEMENTS/INFRASTRUCTURE PR23-002 HUBER RIVERBANK/PARK 6934.6765 3,065.00 BOLTON & MENK INC EQUIPMENT MAINT SUPPLIES 1- w w 1- r 147.11 BOYER TRUCKS r 7 IMPROVEMENTS/INFRASTRUCTURE SAN19-001 L-16 DEMO Lo O O Lo 101.25 BRAUN INTERTEC N 0 IMPROVEMENTS/INFRASTRUCTURE SAN19-001 L-16 DEMO CO O LO 270.00 BRAUN INTERTEC 0 0 N Page 249 of 268 Council Check Register 0 0 m 0 6 C N Total Amount w 0) D w w RIVER CITY CENTRE TRASH RCC 712.64 BUCKINGHAM COMPANIES O N n OPERATING SUPPLIES INFO TECH I.S. FUND ENGINEERING LAPTOP REPLACEMENT 1,964.57 CDW GOVERNMENT INC OPERATING SUPPLIES INFO TECH I.S. FUND 2022 COMPUTER REPLACEMENT N O O CO CO LAPTOP WARRANTY CDW GOVERNMENT INC RIVER CITY CENTRE 2300.6365 VACANT UNIT 18.58 CENTERPOINT ENERGY SERVCIES IN RIVER CITY CENTRE LC) CO M O CI O 26.02 CENTERPOINT ENERGY SERVCIES IN TELEPHONE ADMINISTRATION TELEPHONE ADMINISTRATION TELEPHONE ADMINISTRATION TELEPHONE ADMINISTRATION TELEPHONE INFORMATION TECHNOLOGY TELEPHONE INFORMATION TECHNOLOGY TELEPHONE TELEPHONE TELEPHONE TELEPHONE W W Y Y U U CCIYZZ W W Z Z O O W TELEPHONE PLANNING TELEPHONE PLANNING TELEPHONE FACILITIES TELEPHONE FACILITIES TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE > >- >- CYIYI:tO7 CD C00 0_ 0_CCCCCCW J J J J J J 7 0_ a a a w w w w TELEPHONE INSPECTION TELEPHONE INSPECTION TELEPHONE ENGINEERING TELEPHONE ENGINEERING TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE F F F W W W w w w CC CC CC Lu Lu w CC CC Et U) CO LJL LJL LJL Q Q Q M M M M M CI M M M M M M M M C M M M M M (V7 M o7 M 077 CI CI CI M M M M M (7 M M M M M M M M M M M M M M M C7 M M (`7 M M M M M M M M M M M M M M M M M M M M M M M CO CO N N N _ _ _ N N N N N N M M O LC) 0-- n co co O OD CON N N N (0 M N N N V V V N N N M M c7, M CO M M M M CO V V V V V V V V O O CO 0 0000000000000000000000000000000000000 10/19/2022 PRI T1 952-233-3801 Admin Fax 952-233-9300 T&L 952-496-1424 Admin CH Elevator 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-3852 Library 952-233-9300 T&L 10/19/2022 PRI T1 612-E40-1102 911 Line 952-233-9300 T&L 952-496-7682 Police 10/19/2022 PRI T1 952-233-3838 Fire Station #2 952-233-3855 Fire #1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 952-233-3806 Streets 952-233-9300 T&L 10/19/2022 PRI T1 952-233-3806 Shop 952-233-9300 T&L 10/19/2022 PRI T1 952-233-3806 Parks YYYYY Y Y Y Y Y Y Y YYYYY Y Y Y Y Y Y Y Y Y YYYYYY Y Y Y Y Y Y ZZZZZ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J F D I D F- F- 1- 1- F- F- 1- 1- F- F- F- 1- F- F- F- 1- 1- F- F- 1- 1- F- F- 1- 1 D F- F- 1- F- F- F- 1- 1- F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 O 0) W M V V CO O V V CO V O co M O) N CO W 0 N V V CO O CO M n N V CO CO V CIO) V V O CI CO O V COO M N COO O O N oO n CI 0- r O O CS) CO CO N r O O) CO V O N V O M V N V O V O h.: 0) N M r lf) N 0) N N O U) N 0) O O N O 0) O V 6V n 64 n 6 N N.:O C7 n r Lr) r N (0 r n r co V 0) N I"-r r N N N CO LC) r r r N r 00 CO N O Council Check Register 0 0 0 C 0 c Lop_ K w v 0 d Total Amount TELEPHONE RECREATION TELEPHONE RECREATION TELEPHONE SANDVENTURE POOL • 7 7 CO CO CO CO M M O CO CO N CO (O (O CO O O O 10/19/2022 PRI T1 952-233-9300 T&L 10/19/2022 PRI T1 TELEPHONE SANDVENTURE POOL 0672.6334 952-233-3848 Sandventure TELEPHONE SANDVENTURE POOL 952-233-9300 T&L TELEPHONE ICE ARENA 10/19/2022 PRI T1 TELEPHONE ICE ARENA 952-233-9300 T&L TELEPHONE ICE ARENA 0673.6334 952-445-8546 Ice Arena TELEPHONE COMMUNITY CENTER 10/19/2022 PRI T1 TELEPHONE COMMUNITY CENTER 952-233-3827 Comm Ctr TELEPHONE COMMUNITY CENTER 952-233-9300 T&L TELEPHONE PARK SERVICES 0675.6334 10/19/2022 PRI T1 TELEPHONE PARK SERVICES 0675.6334 952 233-3841 Youth Bldg TELEPHONE PARK SERVICES TELEPHONE PARK SERVICES 7 7 co co co co O (O CO <0 N- N- CO CO O O 952-233-3849 Schleper Stadium 952-233-9300 T&L TELEPHONE RECREATION PROGRAMS 0679.6334 10/19/2022 PRI T1 TELEPHONE RECREATION PROGRAMS 0679.6334 952-233-9300 T&L TELEPHONE EDA MANAGEMENT 10/19/2022 PRI T1 TELEPHONE EDA MANAGEMENT 952-233-9300 T&L Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ZZZZZZZZZZZZZZZZZZZ J J J J J J J J J J J J J J J J J J J } } } } } } } } } } } } } } } } } } } Ct OC CC CC CC CC CC CC CC CC CC CC IY Et CC CC CC CC F F F F F F F F F F F F F F F F F F F ZZZZZZZZZZZZZZZZZZZ W W W W W W W W W W W W W W W W W W W 0 0 0 0 0 U U 0 0 0 0 0 U 0 0 U 0 0 0 co co 7 co co V CD O O) (() V CO W 0) CO O) O CO N CO CO (n O (O O CO CO h N N Q) CO O N O (O O N lO (Ni V M 0) r (NI M N- O M O O O) co I� O V N CO OTHER PROF SERVICES CLEAN-UP DAY CLEAN-UP DAY FALL 2022 439.03 CERTIFIED RECYCLING OTHER PROF SERVICES CLEAN-UP DAY 13,167.75 CERTIFIED RECYCLING CO M OTHER PROF SERVICES ce Q a 390.92 CHOICE ELECTRIC INC m 0 co BUILDING MAINT. 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FACILITIES 319.00 LAKE COUNTRY DOOR LLC 0 O EQUIPMENT MAINT SUPPLIES w w 0421.6240 SK1094 LOADER 344.11 LARKSTUR ENGINEERING Page 12 of 24 Page 255 of 268 Council Check Register 0 0 m 0 0 C 0 c 0 K w v 0 d AWARDS & DAMAGES WORKERS COMP SELF INS I.S. 158.10 LEAGUE OF MN CITIES INSURANCE AWARDS & DAMAGES WORKERS COMP SELF INS I.S. 213.46 LEAGUE OF MN CITIES INSURANCE m M OTHER PROF SERVICES ADMINISTRATION LOBBYING SERVICES 3,166.66 LOCKRIDGE GRINDAL NAUEN PLLP EQUIPMENT MAINTENANCE HOIST REPAIRS 6,164.12 LUBE TECH & PARTNERS, LLC GARNISHMENT PAYROLL CLEARING 3,196.28 MALKERSON GUNN MARTIN, LLP co N 00 M COMPUTER SERVICES 7806.6314 2022 SOFTWARE PURCHASE/ MAINTE INFO TECH I.S. FUND REVOLUTION PROJECT 562.50 MARCO OTHER PROF SERVICES LOCAL PROJECTS FUND O O n CURRENT USE CHARGES SEWER MANAGEMENT 217,728.26 METRO COUNCIL ENVIRO SERVICES BUILDING MAINT. FACILITIES METRO ELEVATOR INC BUILDING MAINT. ce J METRO ELEVATOR INC O O O O O O N BUILDING MAINT. COMMUNITY CENTER ELEVATOR CONTRACT 250.00 METRO ELEVATOR INC O N N CON FERENCE/SCHOOL/TRAINING ADMINISTRATION 0121.6472 O O N TRAVEL/SUBSISTENCE COMMUNITY CENTER MRPA CONFERENCE 177.00 MEYER, KATELYN O O r EQUIPMENT MAINTENANCE w 0 SK1317 E3 80.00 MID COUNTY FABRICATING INC OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES N N N O O O N N N O O O N V N V V O O O O MINNEAPOLIS OXYGEN CO MINNEAPOLIS OXYGEN CO TANK RENT MINNEAPOLIS OXYGEN CO O O O CO O 0) (n 0) O co ((D ((D N OTHER PROF SERVICES OTHER PROF SERVICES r r N N M M O O CV M V O O HEP B VACCINE - KERR MINNESOTA OCCUPATIONAL HEALTH RDT - JB THEIS MINNESOTA OCCUPATIONAL HEALTH OTHER PROF SERVICES 0621.6327 RTW PHYSICAL - HENNES MINNESOTA OCCUPATIONAL HEALTH W O O O O O O Lc) CD V V N_ O 7 Page 13 of 24 Page 256 of 268 Council Check Register 0 0 U 0 OTHER PROF SERVICES RDT - BLOM MINNESOTA OCCUPATIONAL HEALTH OTHER PROF SERVICES SEWER MANAGEMENT RDT-HELLER MINNESOTA OCCUPATIONAL HEALTH O O O O co Co O W n OTHER PROF SERVICES SEWER MANAGEMENT INFRARED MANHOLES 2,600.00 MINNESOTA ROADWAYS CO O 0 N FINES & FORFEITS DWI FORFEITURE 21024058 BIERMAIER MN COMM OF FINANCE TREAS DIV 0 O FINES & FORFEITS SWMDTF - FORFEITURES 21016377-ANDERSON MN COMM OF FINANCE TREAS DIV FINES & FORFEITS SWMDTF - FORFEITURES 21001910-HEAD MN COMM OF FINANCE TREAS DIV 0 0 O O V cO O FINES & FORFEITS DWI FORFEITURE 21021284-PI LG RAM 492.67 MN COMM OF FINANCE TREAS DIV OTHER PROF SERVICES LOCAL PROJECTS FUND 2200.6327 ENTREPRENEURIAL STRATEGY MOMENTEUM STRATEGIES OTHER PROF SERVICES LOCAL PROJECTS FUND ENTREPRENEURIAL STRATEGY MOMENTEUM STRATEGIES N- C) O 0? I- O N O v • LO tM n CV TRAVEL/SUBSISTENCE COMMUNITY CENTER 0674.6475 177.00 MOORE, MASON EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES CC • K K a 0 0 SK1181 PROCORE MTI DISTRIBUTING INC 0621.6240 CO cn N MTI DISTRIBUTING INC O N CO O SK1181 PROCORE MTI DISTRIBUTING INC O 00 o • L• io • CO 71. N OTHER PROF SERVICES W 0 O 0 0311.6327 BACKGROUND CHECK-ORRIE 12.00 MULTIHOUSING CREDIT CTL CLEANING SERVICES CLEANING SERVICES CLEANING SERVICES CLEANING SERVICES cn F K W • < W U W U J Et < m 0 r W J W Cr) MULTI -SERVICES, INC 0182.6326 MULTI -SERVICES, INC 0311.6326 MULTI -SERVICES, INC MULTI -SERVICES, INC O O O O N In N Co M 7 V N I- O O CD N N N 0 Lei 00 CLEANING SERVICES COMMUNITY CENTER 0674.6326 MULTI -SERVICES, INC CLEANING SERVICES PARK SERVICES MULTI -SERVICES, INC O N • N- CO CO CO (f) W W W W W W J J J J J CL 0 W W W DDDDD 0 0 C_D 0 C7 ZZZZZ W W W W W d d d d d 0 0 0 O O 0421.6202 SEWER MANAGEMENT N N N O O O N N N O O Cp 0 0 ( HOSES FOR THE SHOP SWEEPING 7733.6202 CO 0 0 0 0 W W W W W U U U U ZZZZZ DDDDD O O 0 co O W CO N 6 W r r M r N- a W 0 Page 14 of 24 0 0 U W J W 00 CO 0 U N F N S O) CD N J CI- 2 W Z 0 F 49.08 MVEC Council Check Register 0 0 c 0 0 c 0 0 K w `0 0 Total Amount w w J W w W co O N O HWY169/CO RD69 BRIDGE LIGHTS 26.94 MVEC 0 tci n OPERATING SUPPLIES COMMUNITY CENTER 0674.6202 8.49 NAPA GENUINE PARTS CO w w w w w w CO w d 0_ 0_ 0_ 0_ 0_d d d d d d d d d d DDDDDDDD U F- ZZZZZZZZ 2 2 • 2 2 • 2 • 2 2 2 z z z z z z z z W w w W W w W W d • d • d • d • d • d d d DDDDDDDD O 0 0 0 0 0 0 0 W W W W W W W W OPERATING SUPPLIES OPERATING SUPPLIES EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES W ▪ W W W w J ▪ Y Y YU W W W WW a. �[ W w CC CC Q ▪ F F F J J < < < w w w w w C0 (n (n w w w 0 w EQUIPMENT MAINT SUPPLIES SEWER MANAGEMENT O O O O O O O O N N O O O O 7 7 7 7 7 7 V O O 7 V V 7 N N N N N N N N N N N N N N N N N N N N N V V N N N N- M M M M () 7 7 V V V (0 (o co 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M CO CO O O O O O • M 0 co co co co co co Y Y Y Y Y Y Y O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 U 0 0 0 U 0 FFFFFFFCI) FFFFCr) F < K K K K KEt K< CC K << < Q Q Q Q Q Q Q Q Q Q Q Q a a a a a a a a a a a a a a w w w W w w w w W w w w W ZZZZZZZZZZZZZZ > > > > > > > > > > > > > > ZZZZZZZZZZZZZZ w w w w w w w w w w w w w w Q ¢ Q¢ a a a a 0a • 0 0a 0 0 • 0w 0 0 a a z z z z z z z z z z z z z z z z z z z z z O) C) N N M 0 O) (n • 7 CO r CO 0- ✓ M M O coM (0 CO (() M (() 0) 0) u.iNO O 0) 0) 6• 6 6V 6 0) N N co co N M 1� TRAVEL/SUBSISTENCE ENGINEERING r 0 0 29.12 NASCENE, CARMELA MEMBERSHIPS COMMUNITY CENTER r- o REFUND MEMBERSHIP 102.00 NGUYEN, LE 0 0 EQUIPMENT RENT COMMUNITY CENTER 0674.6420 3,395.00 NORTHLAND CAPITAL EQUIPMENT RENT W w 0321.6420 671.00 NORTHLAND CAPITAL 0 0 IMPROVEMENTS/INFRASTRUCTURE SAN21-001 MARAS/HANSON UTILITY LO O O 0 0 PARTIAL PAY EST 5 677,393.52 NORTHWEST ASPHALT INC 1 CO n IMPROVEMENTS/INFRASTRUCTURE TIF DIST #19 RIVERFRONT LO O oo v 82,887.50 NORTHWEST TOTAL -SITE 00 CO EQUIPMENT MAINTENANCE CAR WASH O (") 0 0 co a_ W 138.00 NUSTAR 0 CO W 0) 0 C7 z z 0 M co O 0- 0 PLAT DELIVERY 186.79 ONTRAC 0) CO OTHER PROF SERVICES EDA MANAGEMENT 2191.6327 ENTREPRENEUR EVENT TO WINNING BREWERY 2,913.00 OTSO CYCLES LLC Page 15 of 24 Page 258 of 268 Council Check Register 0 m 0 0 v c 0 0 0 E O 0 0 0f BUILDING MAINT. FACILITIES 0181.6315 360.80 OWENS COMPANIES INC OPERATING SUPPLIES COMMUNITY CENTER N 0 U 359.26 OXYGEN SERVICE COMPANY 0 O M OPERATING SUPPLIES COMMUNITY CENTER O O O CO 2 CONTRACT 194.57 OXYGEN SERVICE COMPANY BUILDING MAINT SUPPLIES ICE ARENA 0673.6230 PER MAR SECURITY SERVICES 0 O co m 0 f0 OTHER PROF SERVICES SEWER MANAGEMENT TELEVISE 5TH AVE W 1,136.00 PIPE SERVICES 0 t0 M EQUIPMENT MAINT SUPPLIES W w SK1010 E2 3,009.36 POMPS TIRE OPERATING SUPPLIES RECREATION OPERATING SUPPLIES COMMUNITY CENTER N N O O N N O O N- O co O O 146.00 PRAHA DIST WATER TO YOU 10.00 PRAHA DIST WATER TO YOU 0 O 0 OTHER PROF SERVICES w W co SK1340/SK1341 /SK1381 /SK1382 80.00 PRECISE MRM LLC 0 O O O EQUIPMENT RENT UNALLOCATED 0911.6420 EQUIPMENT LEASE 462.06 QUADIENT LEASING USA INC 0 N a DAMAGE DEPOSIT PARK SERVICES 0 CO CD O O REFUND DAMAGE DEPOSIT 100.00 RAUENHORST, CYNTHIA 0 0 O OTHER PROF SERVICES MEMORIAL WATER SOFTENER 109.50 ROBERT B HILL CO 0 O O TRAVEL/SUBSISTENCE RECREATION PROGRAMS MRPA CONFERENCE 177.00 SATTERTHWAITE, CORTNEY 0 0- r UNIFORMS/CLOTHING BOOT REIMBURSEMENT -SCHUMACHER 0421.6212 225.00 SCHUMACHER, TODD 0 O N N FINES & FORFEITS DWI FORFEITURE FINES & FORFEITS SWMDTF - FORFEITURES FINES & FORFEITS SWMDTF - FORFEITURES N N N CO CO CO V V V 0 r N N N TiCO O CO CO 21024058-B I E RMAI ER 1,887.00 SCOTT CO ATTORNEY'S OFFICE 21016377 ANDERSON 2,123.80 SCOTT CO ATTORNEY'S OFFICE 21001910 HEAD 8,188.00 SCOTT CO ATTORNEY'S OFFICE FINES & FORFEITS DWI FORFEITURE N W N N 985.94 SCOTT CO ATTORNEY'S OFFICE Page 16 of 24 Council Check Register 0 0 m U O 0 0 0 0 0 0 K w 0 E O OTHER PROF SERVICES w W 0421.6327 EVP REPAIR 3,023.81 SCOTT CO TREASURER N 0) EQUIPMENT EQUIPMENT I.S. FUND 7800.1740 POLICE INTERNAL SERVICE SK1399 REGISTRATION VIN#8627 27.00 SCOTT CO TREASURER DEPUTY REGI O N EQUIPMENT EQUIPMENT I.S. FUND 7800.1740 POLICE INTERNAL SERVICE SK1400 REGISTRATION VIN# 8916 27.00 SCOTT CO TREASURER DEPUTY REGI EQUIPMENT EQUIPMENT I.S. FUND 7800.1740 POLICE INTERNAL SERVICE SK1401 REGISTRATION VIN# 9035 27.00 SCOTT CO TREASURER DEPUTY REGI O N EQUIPMENT EQUIPMENT I.S. FUND 7800.1740 POLICE INTERNAL SERVICE SK1402 REGISTRATION VIN# 4273 27.00 SCOTT CO TREASURER DEPUTY REGI O N CIF22-003 DOWNTOWN IMPROVEMENT IMPROVEMENTS/INFRASTRUCTURE IMPROVEMENTS/INFRASTRUCTURE SAN20-003 20 LATERAL PIPE REHA Ln Ln CO O O (0 CO N- C,' CO 0) CO CO CO SEH LIGHT FEASIBILITY STUDY 6,567.48 SEH INC SEH CONSTRUCTION SVCS 1,608.67 SEH INC OTHER PROF SERVICES 671.12 SHAKOPEE MDEWAKANTON SIOUX COM N n CD IMPROVEMENTS/INFRASTRUCTURE PR21-006 QUARRY LAKE PK BATHRO SPU WATER CAPACITY CHARGE 5,581.00 SHAKOPEE PUBLIC UTILITIES O LA U w w w INSPECTION 0331.6362 CITY HALL EV FUEL STATION 124.23 SHAKOPEE PUBLIC UTILITIES EV U r U W W c U U U U U U W W W U U w O w •F> O w w w W w w~ F >i O W W J c~n J vwi CO J J J J J w vwi m J w 0) CO w w } } } } F F 1 Et rY w w w UJ w w w UJ w w J J Q< 00 < 0 0 0 0 0 0 0 0 0 0 <<Et CC CC W W mmmm oQJQJoJ0o0w w w J J J Ja a 0_ W W d 0_ W W W LL w N c0 N 7 c0 o0 N N N N N N 7 7 O 00 N N O CO CO CO CO CO O O (0 CO CO CO CO O CO CO O CO M C) co o) CO M (0 07 07 M M M cn c0 (0 (0 o) co cO O c0 c0 CO. 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(— LO (O (` (O O CO O r O W O 0 O LO A oO O V () r CO O O O (0 r LO V O ▪ O CO V CO V 06 M O M O V V N M A V I- V V 1- ti V CO N A V V N CO O 0) D CO N V V n (O CO N N CO CT) N(0 CO O CO r N CO co r MM r r M r CO N r N N CO CO n N CV (": 0 (0 r r N r Page 19 of 24 Page 262 of 268 Council Check Register 0 0 m 0 O 0 0 Total Amount 0 0 0 0 0 0 0 CC K cc W' W' a_ cc W' ri cca'Lt cc CC K il W' a_ a_ c' Q'ce K 2222 K U U EE W W w U W W w U W W w U w cc Ere W W F U W W W W W W W W W W W W W W W W W W W W W W Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q w w w W w 0 0 OF 0 0 0 J J Q Q W O J¢ Q W O J Q Q W O J Q W J J cn cn cn cn cn co H co co cn cn w w co cn w cn cn w cn cn w cn w w YYYYYYYYYYYYY YYYYYYYYYYYYYY CC a_ a' O_ a_ a_ a_ a_ a_ a_ a_ a_ CC a_ a_ O_ O_ a_ a_ O_ a_ a_ a_ K a_ CC CK a_ < < < < < < < < < < < < Q < < < < < < < < < < < < < Q < 0_ a_ a_ a_ a_ 0_ 0_ 0_ 0_ a a_ 0_ a a a_ 0_ 0_ a_ 0_ 0_ 0_ 0_ a 0_ 0_ a a 0_ 7 V 7 7 7 7 7 7 7 V 7 7 7 7 V 7 7 0 0 0 co co co 00 00 00 c0 co CO CO O CO CO CO CO CO CO CO (0 (0 CO CO CO O CO CO CO (0 (0 (0 (0 (0 CO CO CO (0 M M M M M M M M M M M M M M M rpm M M M M M M M M M M M (0 (0 (0 O (0 (0 (0 Lfl c c0 (0 CO (C)(0 (0 (0 O LO c0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O CO CO CO CO CO CO CO CO CO CO CO O O CO CO O CO CO CO CO CO CO CO CO O 0000000000000000000000000000 SANDVENTURE POOL 0672.6362 SANDVENTURE POOL 0672.6362 SANDVENTURE POOL SANDVENTURE POOL SANDVENTURE POOL CO CO CO CO 03 CO (D CO N N N f-CO CD CO f- O 0 0 SANDVENTURE POOL 0672.6368 CE ARENA CE ARENA CE ARENA CE ARENA CE ARENA 0673.6366 CCa_ w w Y w w w w w F F F F F z z z z z w w w w w U U U U U F F F Z Z Z Z Z DDDDD 0 0 0 0 0 U U U U U CO CO C▪ O 07 M CO CC? 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M V 1- 0) V N O co co r CO r N CO CO N N- 1 N r V CO V 00 LO N N LO 0) O 00 CO N. 1- N r r Ln (0 O n V M 0) ▪ M N r x— M O N N Page 20 of 24 Council Check Register 0 0 0 N Total Amount U U w ▪ w w w c ceU U ▪ w w U wcoO O W W( WW CC IC CC CC CC CC Z Z Z Z Z Z U U U U U U F F F F F U U U U U w w • K w w w > > > > > ▪ > c cC • 7 CO CO CO O M M M 0 0 0 0 0 0 N N N 275/285 1ST AVE 145 1ST VACANT 275/285 1ST AVE 2300.6366 145 1ST VACANT SEWER MANAGEMENT SEWER MANAGEMENT SEWER MANAGEMENT SEWER MANAGEMENT SURFACE WATER MANAGEMENT CO 00 CO CO CO ▪ CO CO co co co M co (0 (0 m 0 0 O O r r r r M N N r, N. 145 1ST VACANT 275 1ST AVE MAAZ CO CO CO CO O 0 M M CO O O O O O u o o 0 0 00 O • 0000000000 J J J J J J J J J J J F F F F F F F F F F F DDDDDDDDDDD U U U U U U U U U U U J J J J J J J J J J J CO CO CO CO CO m m CO CO CO CO DDDDDDDDDDD a a a a a a a a a a a w w w w w w w w w w w w w w w w w w w w w w d w w w w w w w a a w O 0000000000 Y Y Y Y Y Y Y Y Y Y Y Q Q Q Q Q Q Q Q Q Q S S S S S S S S S S S 0) coO 0 (0 (0 O co N O O r 0) M O M M r O O M O OTHER PROF SERVICES FORFEITURE STORAGE- SEIZED VEHICLE 750.00 SHAKOPEE TOWING INC OTHER PROF SERVICES w U O 0 0311.6327 SHREDDER 40.90 SHRED RIGHT - A ROHN INDUSTRI UNIFORMS/CLOTHING w g w 0321.6212 UNIFORM REIMBURSEMENT - SIMS 140.00 SIMS, JAY 0 O OPERATING SUPPLIES a_ 205.80 SITEONE LANDSCAPE SUPPLY 00 N O N PRINTING/PUBLISHING w 0 O 0 M M O SURPLUS PROPERTY LISTING 22.77 SOUTHWEST NEWS MEDIA IMPROVEMENTS/INFRASTRUCTURE CIF23-016 TRAFFIC SIGNAL 6942.6765 SRF TRAFFIC SIGNAL DESIGN 7,903.43 SRF CONSULTING GROUP INC OTHER PROF SERVICES 0171.6327 AUAR VALLEY VIEW AUAR 1,195.00 STANTEC CONSULTING SERVICES IN GASOLINE GENERAL FUND W w 0 GENERAL FUND O 0 ✓ � O O O 0 O 0 UNLEADED 16,344.48 STAPLES OIL CO J w w 0 11,343.50 STAPLES OIL CO SUBSCRIPTIONS/PUBLICATIONS w 0 O 0 STAR TRIBUNE YEAR SUBSCRIPTION 582.30 STAR TRIBUNE INC 0 N 00 N DEFERRED REV - OTHER RECREATION O COco CO n O REFUND CREDIT 100.00 STEFFEN, FRED 0 O O BUILDING MAINT. FACILITIES 0181.6315 120.00 SUMMIT FIRE PROTECTION BUILDING MAINT. BUILDING MAINT. OTHER PROF SERVICES w w 47 0) N- N M (0 M CO CO N 0 0 O 223.25 SUMMIT FIRE PROTECTION 601.50 SUMMIT FIRE PROTECTION ANNUAL FIRE EXTINGUISHER TEST 509.00 SUMMIT FIRE PROTECTION Page 21 of 24 Page 264 of 268 Council Check Register OTHER PROF SERVICES W L ANNUAL FIRE EXTINGUISHER TEST 348.75 SUMMIT FIRE PROTECTION O N 0 EQUIPMENT MAINT SUPPLIES 0421.6240 EXTINGUISHER SERVICE 174.68 SUMMIT FIRE PROTECTION EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES SEWER MANAGEMENT EQUIPMENT MAINT SUPPLIES SURFACE WATER MANAGEMENT 0 0 0 7 7 7 N N N O (0 O N O r r o N. N� EXTINGUISHER SERVICE 174.69 SUMMIT FIRE PROTECTION EXTINGUISHER SERVICE 174.69 SUMMIT FIRE PROTECTION EXTINGUISHER SERVICE 174.69 SUMMIT FIRE PROTECTION OTHER PROF SERVICES N M 0 RADAR CERTIFICATION 796.00 TACTICAL SOLUTIONS O 0 O n EQUIPMENT MAINT SUPPLIES 63.53 TERMINAL SUPPLY CO EQUIPMENT MAINT SUPPLIES 63.53 TERMINAL SUPPLY CO EQUIPMENT MAINT SUPPLIES SEWER MANAGEMENT 63.53 TERMINAL SUPPLY CO EQUIPMENT MAINT SUPPLIES SURFACE WATER MANAGEMENT 7731.6240 63.56 TERMINAL SUPPLY CO N N UNIFORMS/CLOTHING W c L UNIFORM REIMBURSEMENT-THEISEN 98.44 THEISEN, JAKE SOFTWARE -ANNUAL FEES W 0 O a CLEAR FOR POLICE DEPARTMENT 595.49 THOMSON WEST O N N EQUIPMENT MAINT SUPPLIES SK1094 LOADER 122.00 TITAN MACHINERY EQUIPMENT MAINT SUPPLIES SURFACE WATER MANAGEMENT 19.25 TITAN MACHINERY EQUIPMENT MAINT SUPPLIES SWEEPING SK1393 MECHANICAL SWEEPER TITAN MACHINERY C.O. CHARGE PAYABLE ESCROW FUND C.O. CHARGE PAYABLE ESCROW FUND O 0 N- CO M N N O O O 0 CO CO 344 MEADOW LN S 345 MEADOW LN S C.O. CHARGE PAYABLE ESCROW FUND 8040.2370 372 MEADOW LN S EROSION CONTROL PAYABLE ESCROW FUND EROSION CONTROL PAYABLE ESCROW FUND EROSION CONTROL PAYABLE ESCROW FUND RESID LANDSCAPE PAYABLE ESCROW FUND N n CO CO N` M CO CO CO N N N N O O O O 7 7 7 ',I- C) O 0 0 0 00 CO CO 344 MEADOW LN S 345 MEADOW LN S 372 MEADOW LN S 344 MEADOW LN S RESID LANDSCAPE PAYABLE ESCROW FUND 8040.2372 345 MEADOW LN S RESID LANDSCAPE PAYABLE ESCROW FUND 372 MEADOW LN S CO CO 7 CO CO 7 M M 7 CO ▪ CD CDCDCDNOS) O CO CO O CO O CO CO CO CO CO O O O O O O O O O 2 2 2 2 2 2 2 2 2 CO U) In CO CO CO CO CO CO W ▪ W W W W W W W W O O O O O O O O O 2 2 2 2 2 2 2 2 2 z z z z z z z z z z z z z z z z z z z z z z z z z O 00 00 00 00 00 00 0 0 0m m m m m m m m m z z z z z z z z O 0 0 0 z0 0 0 0 0 F F F F F F F F F H K H H F-g F- F- F F F F F F F F F O O O O O O O O O O O O O O O O O N- 0 O O O 0 O n 0 OTHER PROF SERVICES K a 0 N co O CTJ 0 4,981.07 TREASURE ENTERPRISE, INC O W a SOFTWARE -ANNUAL FEES 7806.6410 2022 SOFTWARE PURCHASE/ MAINTE INFO TECH I.S. FUND NOV SIEM AND SOC 1,121.00 TRUE NORTH CONSULTING GROUP 0 N OPERATING SUPPLIES W 0 O a EVIDENCE/BEAT AREA 392.91 ULINE Page 22 of 24 Page 265 of 268 Council Check Register 0 m t 0 0 c 0 c 0 K w M FISCAL AGENT FEES 2019A GO TAX INCREMENT REV BON 3045.6860 550.00 US BANK TRUST N A O O OTHER PROF SERVICES w 0 0 0 VANTAGE POINT- POLICE 3,400.00 VANTAGE POINT PSYCHOLOGICAL CO O O M OTHER PROF SERVICES OTHER PROF SERVICES ▪ F w w LU r r N N CO CO O co. N N 00 00 0 0 BACKGROUND CHECK - COMM CTR 68.00 VERIFIED CREDENTIALS LLC BACKGROUND CHECK - SEASONAL 119.50 VERIFIED CREDENTIALS LLC U) C 0 CB C 0 0 0 C 0) 0 0 w w w w w w w w w w w w w 0 C) 0 CC • CC CC CC CC CC CC CC CC CC Ct w w w w w w w w w w w w w w w w w w w w w w w O 0 0 0 0 0 0 0 0 0 0 0 ▪ E0 • E0 E0 00 00 Et Et 00 a a d d a a a a a a a d CC CC CY CC CC CC CC CC CC CY CC CC w w w w w w w w w w w w 2 x x x x x x x x x x x F F F F F F F F F F F F O 0 0 0 0 0 0 0 0 0 0 0 ADMINISTRATION INFORMATION TECHNOLOGY FACILITIES w 0 J w 0 a w INSPECTION ENGINEERING RECREATION SEWER MANAGEMENT OTHER PROF SERV SURFACE WATER MANAGEMENT r r r r r r r r r r r r 0-- 0-1 N N N N N N N N N N N N M M (0- M (0 (0 M M M (0 (0 M M 0 0 O N N W CO N CO N V N r M CO COV V V co co r O 0 0 0 0 0 0 0 0 0 0 r r F F F F F F F F F F F F F w w w w w w w w w w w w w w w w w w w w w w w w w w J J J J J J J J J J J J J w w w w w w w w w w w w w F F F F F F F F F F F F F 0 0 0 0 0 0 0 0 0 0 CJ 0 w w w w w w w w w w w w w z z z z z z z z z z z z z z z z z z z z z z z z z z O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CJ U U U U Z Z Z Z Z Z Z Z Z Z Z Z Z O 0 0 0 0 0 0 0 0 0 0 0 0 NNNNNNNNNNNNN • CC CY w w w w w w CC w CY uJ CC C w w w w w w w w w w w w > > > > > > > > > > > > > h Or ▪ W LO CO M W co co N CO N ✓ 00 00 O V co N O M r W O O M 03 N O CO CO 0) CO 0 O CO CO O CO 7 'Cr OTHER PROF SERVICES SWMDTF - STATE GRANT 8025.6327 205.47 VERIZON WIRELESS a tri TRAVEL/SUBSISTENCE BUILDING INSPECTION (0 co 0 46.38 VOIGT, JASON M 00 TRAVEL/SUBSISTENCE w 0 z z Z LT_ O 0 OCTOBER MILEAGE 22.50 WECKMAN, KIM N N OTHER PROF SERVICES w 0 0 0 0311.6327 SUBPOENA CHARGE- 22018738 39.55 WINGS FINANCIAL CREDIT UNION w w w w w Ct CC DDDDD F 0 F U U U U U DDDDD CY CC CC K K F F F w • w w w w Z Z Z Z Z -0 00 -0 -0 0 F F F F F Z Z Z Z Z w w w w w uJ uJ w uJ uJ w w w w w 00 00 00 00 00 0 0 0 0 CC a a a a w PR22-005 KILLARNEY HILLS PARK 6944.6765 KILLARNEY PARK SURVEYING CIF23-001 REHAB/RECON/OVERLAY CIF23-003 WHISPERING OAKS CIF24-001 FD PAVEMENT RECON SAN21-001 MARAS/HANSON UTILITY N LO ID ID O (0 O O r r r 0-- 0) O CO CO M V V CO 0) CO CO CO O O O O WSB SURVEYING TOPO WHISPERING OAKS SURVEY STAGECOACH ADDN SURVEY WSB CONSTRUCTION SERVICES U U U U U ZZZZZ 1,907.00 WSB & ASSOC 9,845.00 WSB & ASSOC 1,907.00 WSB & ASSOC 1,908.50 WSB & ASSOC 52,434.75 WSB & ASSOC N O W IMPROVEMENTS/INFRASTRUCTURE CIF22-002 TH 169 PED. BRIDGE 21,141.00 WSB &ASSOC INC ENGINEERING/DESIGN CONSULTANTS SURFACE WATER MANAGEMENT 256.50 WSB & ASSOC INC Page 23 of 24 Page 266 of 268 Council Check Register 0 0 0 C 0 0 w v c 0 0 0 E O ENGINEERING/DESIGN CONSULTANTS SURFACE WATER MANAGEMENT 256.50 WSB & ASSOC INC ENGINEERING/DESIGN CONSULTANTS SURFACE WATER MANAGEMENT 129.00 WSB & ASSOC INC HWY 101 ST/TRAFFIC LIGHTS 552.98 XCEL ENERGY CO N TRAVEL/SUBSISTENCE 0321.6475 316.00 YTTRENESS,RYAN 0 O OPERATING SUPPLIES FLOOR CLEANER 263.68 ZEP SALES & SERVICES ro N EQUIPMENT MAINT SUPPLIES H W W 1- F co BRINE MAKER 11.31 ZIEGLER INC EQUIPMENT MAINT SUPPLIES BRINE MAKER 55.15 ZIEGLER INC EQUIPMENT MAINT SUPPLIES 0 M 23.65 ZIEGLER INC 0 CO n 1,999,720.90 GRAND TOTAL Page 24 of 24 Page 267 of 268 Funds transferred electronically November 3, 2022 to November 15, 2022 PAYROLL $410,544.00 FIT/FICA $113,293.17 STATE INCOME TAX $25,198.29 PERA $117,238.13 HEALTH CARE SAVINGS PLAN $21,165.07 HEALTH SAVINGS ACCT $10,874.24 NATIONWIDE DEF COMP $15,305.30 MISSION SQUARE $3,768.32 MSRS $7,232.29 JOHN HANCOCK $2,816.54 FSA $0.00 MN WAGE LEVY $0.00 Child Support $297.18 Total $727,732.53 Page 268 of 268