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HomeMy WebLinkAboutJuly 15, 2025 - Council PacketSHAKOPEE Shakopee City Council Regular Meeting Tuesday, July 15, 2025 7:00 PM City Hall, 485 Gorman Street Vision: Shakopee is a distinctive river town with a variety of business, cultural, and recreational opportunities in a safe, welcoming, and attractive environment. Our vision is for Shakopee to continue being the place people want to live, work, and play! 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. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Consent Agenda These items are considered routine and will be enacted by one motion. There will be no separate discussion of these unless a council member or staff requests, in which event the item will be removed from the consent agenda for separate discussion & action. 5.a Authorize Final Acceptance and Payment for the West End (Low Bluff) Lift Station and Forcemain Project 5.b Resignation of Fire Chief 5.c Authorize Disposal of Surplus/Forfeited Property 5.d Approve the Wetland Replacement Plan for the Richland Court Development Improvements 5.e Declare One Vehicle as Surplus Property and Authorize Disposal 5.f Donation of Fire Safety Materials 1 5.g Audit Engagement Letter with Abdo for the Year's Ending December 31, 2025 and 2026 5.h Authorize Public Works to Exceed Staffing Level 5.i Authorize Final Acceptance and Payment for the CSAH 78 Pedestrian Underpass Improvements (PR -24-001) at Zumbro Avenue 5.j Approve a Special Event Permit and a Temporary Liquor License for the Shakopee Chamber of Commerce 5.k Approval of the City Council Meeting Minutes for June 17, 2025 5.1 CenterPoint Energy's Community Safety Grant Award 5.m Donation of Fitness Equipment 5.n Approve an Updated Rhythm on the Rails Special Event Permit and Temporary Liquor License for the Shakopee Chamber of Commerce 5.o Resolution R2025-079, Changing the City Council Regular Meeting Dates on August 5 and November 5, 2025 6. Public Comment Individuals may address the City Council about any item not on the regular agenda. Speakers are requested to come to the center table, state their name and address for the clerk's record, and limit their remarks to three minutes. The City Council will not take official action on items discussed at this time, but may refer the matter to staff for a follow up report or direct that matter be scheduled on an upcoming agenda. 7. Business removed from consent agenda 8. General Business 8.a Ordinance Amending City Code Section 111.02 related to fence construction and placement regulations 8.b Ordinance amending City Code Section 130.04 related to livestock and poultry. 8.c Ordinance amending City Code Section 151.002 and 151.007 K. related to agricultural uses and seasonal sales stands. 8.d County Highway 17 Expansion Project Presentation - Scott County 9. Reports Liaison and Administration 2 9.a City Bill List 9.b News and Announcements 10. Other Business 11. Adjourn to August 6, 2025 at 7:00 pm 3 WILLA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.a July 15, 2025 Authorize Final Acceptance and Payment for the West End (Low Bluff) Lift Station and Forcemain Project Micah Heckman, Assistant City Engineer Alex Jordan, City Engineer Action to be considered: Adopt Resolution R2025-077, accepting work on the West End (Low Bluff) Lift Station and Forcemain Project, Sewer -24-001, and authorizing final payment of $153,732.68 to Northern Lines Contracting, Inc. Motion Type: Simple Majority Background: On April 19, 2022, the City Council adopted Resolution R2022-060 accepting bids and awarding the contract for the West End (Low Bluff) Lift Station and Forcemain Project (Sewer -24-001) to Northern Lines Contracting, Inc. All the improvements have been constructed in accordance with the contract documents. Attached is the Certificate of Completion showing the original contract amount of $2,695,452.60 with the final contract costs of $2,708,702.58. All required project documentation has been received and is compliant. The project will be closed out upon issuance of final payment to Northern Lines Contracting in the amount of $153,732.68. Recommendation: Adopt Resolution R2025-077. Budget Impact: The total final project amount is $3,182,639.09. The project is funded by the Sanitary Sewer Fund and Shakopee Public Utilities. The following table provides a summary of the costs and funding comparing the estimated amount based on bid award versus the final actual amounts. Estimate Based on Bid Award Final Project Costs COSTS 4 Construction Costs $ 2,695,452.60 $ 2,708,702.58 Contingency $ 136,000.00 $ 90,333.09 Subtotal $ 2,831,452.60 $ 2,799,035.67 Eng/Legal/Admin $ 380,000.00 $ 383,603.42 Total Project Cost $ 3,211,452.60 $ 3,182,639.09 FUNDING Sanitary Sewer Fund $ 2,305,200.80 $ 2,335,302.65 Shakopee Public Utilities $ 906,251.80 $ 847,336.44 Total Funding $ 3,211,452.60 $ 3,182,639.09 The final contingency amount covered the costs of tree clearing and grubbing and electrical service to the site, which were not included in the project estimate at time of award. Attachments: CERTIFICATE OF COMPLETION -WEST END LIFT STATION Resolution R2025-077.docx 5 CERTIFICATE OF COMPLETION CONTRACT NO(S): SEWER -24-001 DATE: July 15, 2025 PROJECT DESCRIPTION: West End Lift Station, Forcemain and Watermain Project CONTRACTOR: Northern Lines Contracting 9705 Upton Circle South Bloomington, MN 55431 ORIGINAL CONTRACT AMOUNT $ 2,695,452.60 QUANTITY CHANGE AMOUNT $ -0- CHANGE ORDER NO. 1 THRU NO. 1 AMOUNT $ 50,500.00 FINAL CONTRACT AMOUNT $ 2,708,702.58 LESS PREVIOUS PAYMENTS $ 2,554,969.90 FINAL PAYMENT $ 153,732.68 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. Do,. Mo. c� Professional Engineer 6 RESOLUTION R2025-077 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING WORK ON THE WEST END (LOW BLUFF) LIFT STATION AND FORCEMAIN PROJECT AND AUTHORIZING FINAL PAYMENT WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 19, 2022, Northern Lines Contracting, Inc., has satisfactorily completed the West End (Low Bluff) Lift Station and Forcemain project in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: The work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED AS FOLLOWS: The City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $153,732.68, taking the contractor's receipt in full. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 7 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.b July 15, 2025 Resignation of Fire Chief William Reynolds, City Administrator Action to be considered: Approve Motion Type: Simple Majority Background: The Fire Chief has submitted his letter of resignation (attached). Recommendation: Approve. Budget Impact: None. Attachments: 20250618_102932.pdf 8 Mike Nelson Fire Chief June 11, 2025 Administrator William Reynolds City of Shakopee 485 Gorman Street Shakopee, MN 55379 Dear Administrator Reynolds, Please accept this letter as my formal resignation from the position of Fire Chief for the City of Shakopee, effective Friday, July 11, 2025, at 4:30 p.m. It has been an honor to serve the residents and businesses of Shakopee and to be part of such a vibrant, growing community. I am proud to have been a member of the Shakopee Fire Department and to have worked alongside such a talented, dedicated, and resilient team. Over the past year, the department has made significant internal progress. With the support of the council and city administration, and under the guidance of its capable and committed leadership team, I am confident the department is well -positioned to grow and expand its operations to meet the community's evolving needs. As I look ahead to the next chapter, I remain committed to supporting the department's continued success, and I am happy to assist in any way during this transition. Thank you for the opportunity to serve. Sincerely, 9 SHAKOPE E Piliall Shakopee City Council 5.c July 15, 2025 Agenda Item: Authorize Disposal of Surplus/Forfeited Property Prepared by: Josh Davis, Sergeant Reviewed by: Action to be considered: Declare one firearm as forfeiture and authorize disposal. Motion Type: Unanimous Background: The following firearm was obtained through forfeiture proceedings and is described as follows: 1. Ruger Security -9 Semi Automatic Handgun. Serial #384-34183 Once approved, the firearm will be destroyed. Recommendation: Approve policy/action as requested. Budget Impact: None. Attachments: 10 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.d July 15, 2025 Approve the Wetland Replacement Plan for the Richland Court Development Improvements Kirby Templin, Water Resources - Environmental Manager Alex Jordan, City Engineer Action to be considered: Adopt Resolution R2025-073, Approving a Wetland Replacement Plan for the Richland Court development improvements. Motion Type: Simple Majority Background: The applicant (Richland Homes) submitted a complete Wetland Conservation Act (WCA) application for a replacement plan for the Richland Court residential development project. The project proposes to develop approximately 4.4 ac east of Townline Avenue and north of CR 78 in Shakopee (PID No. 271650010) into residential homes. The project will include grading for 8 single-family lots, a roadway, and a stormwater pond. The project proposes 0.216 ac of permanent impact to 2 wetlands. The applicant evaluated alternatives that would have avoided impacts to wetlands, which involved a no build alternative. Given the location of the wetlands, build alternatives that avoided impact were not feasible. Additional alternatives to minimize impacts involved a reduction in lots and would still result in secondary impacts due to a reduction in drainage areas to the wetlands. These alternatives were not feasible given the needs of the project. Impacts to the wetlands were minimized by utilizing the existing natural grade of the site for the road alignment as much as feasible. Additionally, the stormwater pond was placed such that it preserves a portion of one wetland to avoid further fragmentation. The application was noticed to the WCA Technical Evaluation Panel (TEP) on May 21, 2025. The TEP is advisory in nature and makes technical findings and recommendations. TEP members include representatives from the City, Board of Water and Soil Resources (BWSR), the Scott Soil and Water Conservation District (SWCD), the Minnesota Department of Natural Resources (DNR), and the Scott County Watershed Management Organization. Comments were accepted until June 20, 2025. The TEP provided comments on the application via email and during a meeting on June 5, 2025. Ultimately, the TEP agreed with the proposed project and associated impacts. 11 The applicant will replace permanent wetland impacts at a 2:1 ratio by utilizing credits from a bank owned by Scott SWCD, which meets the replacement plan siting requirements of WCA. The total amount of wetland replacement provided will be 0.432 acres. On behalf of the City of Shakopee, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the Richland Court project. As a condition of approval, the applicant will be required to provide verification of wetland credit withdrawal from the Board of Water and Soil Resources prior to impacting wetlands. A Notice of Decision is attached for review. Recommendation: Adopt Resolution R2025-073 Budget Impact: None. All expenses are to be reimbursed by the developer. Attachments: Notice of Decision.pdf Wetland Impact Map.pdf Resolution 2025-073.docx 12 MBOARD OF WATER AND SOIL RESOURCES Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Shakopee County: Scott Applicant Name: Richland Homes (c/o Matt Logeais) Applicant Representative: Midwest Natural Resources (Ken Arndt) Project Name: Richland Court LGU Project No. (if any): 2025-4 Date Complete Application Received by LGU: 5/20/2025 Date of LGU Decision: 7/15/2025 Date this Notice was Sent: WCA Decision Type - check all that apply ❑ Wetland Boundary/Type ❑ Sequencing ❑ No -Loss (8420.0415) Part:❑A❑B ❑C❑D❑E ❑F ❑G ❑H Replacement Plan ❑ Bank Plan (not credit purchase) ❑ Exemption (8420.0420) Subpart:❑2❑3❑4❑5 ❑6❑7 ❑8❑9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: 0.216 ac Wetland Replacement Type: ❑ Project Specific Credits: ❑X Bank Credits: 0.432 ac Bank Account Number(s): 1682 Technical Evaluation Panel Findings and Recommendations (attach if any) ❑X Approve ❑ Approve w/Conditions ❑ Deny ❑ No TEP Recommendation LGU Decision ❑X Approved with Conditions (specify below)1 ❑ Approved1 List Conditions: Provide verification of wetland credit withdrawal. ❑ Denied Decision -Maker for this Application: ❑ Staff ❑X Governing Board/Council ❑ Other: Decision is valid for: ❑X 5 years (default) ❑ Other (specify): 1 Wetland Replacement Plan approval is not valid until 8W.513 confirms the withdrawal of any required wetland bank credits. For project - specific replacement a financial assurance per MN Rule 8420.0522, Sub p. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings — Attach document(s) and/or insert narrative providing the basis for the LGU decisions. ❑X Attachment(s) (specify): Approved wetland impact figure ❑X Summary: Richland Homes is proposing a residential development on approximately 4.4 ac east of Townline Avenue and north of CR 78 in Shakopee (PID No. 271650010). The project will include grading for 8 single-family lots, a roadway, and a stormwater pond. The grading for the project will result in 0.216 -ac of permanent wetland impact to 2 wetlands. Mitigation for permanent impact will be required at a 2:1 ratio. The TEP met on June 5, 2025 to review the replacement plan and ultimately agreed with the proposed project and associated impacts. Replacement is proposed via the purchase of 0.432 ac of wetland credits from Wetland Bank No. 1682 in Scott County. This bank is owned and managed by Scott SWCD. The replacement meets the siting criteria. BWSR NOD Form — November 12, 2019 1 13 1 Findings must consider any TEP recommendations. Attached Project Documents ❑X Site Location Map ❑X Project Plan(s)/Descriptions/Reports (specify): Approved impact figure Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ❑X Yes' ❑ No 11f yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Send a petition to: City of Shakopee, 485 Gorman Street; Shakopee, MN 55379 Notice Distribution (include name) Required on all notices: X❑ SWCD TEP Member: Troy Kuphal ❑X BWSR TEP Member: Alyssa Core X❑ LGU TEP Member (if different than LGU contact): Alison Harwood, WSB X❑ DNR Representative: Mark Nemeth X❑ Watershed District or Watershed Mgmt. Org.: Scott WMO (Vanessa Strong) X❑ Applicant: Matt Logeais ❑X Agent/Consultant: MNR (Ken Arndt) Optional or As Applicable: ❑ Corps of Engineers: ❑ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ❑ Members of the Public (notice only): ❑ Other: Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. BWSR NOD Form — November 12, 2019 2 14 z WETLAND IMPACT SAVED TREE CANOPY REMOVED TREE CANOPY DELINEATED WETLAND (NO IMPACT) IMPACT AREA (AC) IMPACT AREA (SF) z LU 7 N z w WETLAND 2 RICHLAND HOMES - SHAKOPEE DEVELOPMENT WETLAND EXHIBIT i O 2 a) 0 2 co 6, IRO. Pw,awaolaaa — 59<<sv5,Paaut5 ,00,oauouv:a — — gyp, RESOLUTION R2025-073 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING A WETLAND REPLACEMENT PLAN FOR RICHLAND COURT WHEREAS, the city has received a Wetland Replacement Plan from Richland Homes for their site; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan Complies with Minn. Rules Parts 8420.0520 (sequencing) and 8420.0522 (Replacement Standards); and WHEREAS, all interested parties on file in the office of the project engineer or identified in Minn. Rule 8420.0255 (Local Government Unit Application and Decision Procedures) have been sent notice of the proposed Wetland Replacement Plan; and WHEREAS, the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. Based on the replacement standards in Minn. Rules 8420.0522 (Replacement Standards), and based on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of the Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be sent to all interested parties and to the applicant. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Matt Lehman, Mayor of the City of Shakopee ATTEST: Richard Parsons, City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 16 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.e July 15, 2025 Declare One Vehicle as Surplus Property and Authorize Disposal Josh Davis, Sergeant Action to be considered: Declare one vehicle as surplus property and authorize disposal. Motion Type: Simple Majority Background: The following vehicle was obtained through forfeiture proceedings and is described as follows: 1. 2008 Dodge Caravan, VIN: 2D8HN54P48R123344 The vehicle is suitable for resale and will be sold at auction. Proceeds, if any, will be distributed according to Minnesota State Statute. Recommendation: Approve policy/action as requested. Budget Impact: None. Attachments: 17 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.f July 15, 2025 Donation of Fire Safety Materials Joe Simon, Deputy Chief Mike Nelson Action to be considered: Approve Resolution R2025-080, A Resolution of the City of Shakopee, Minnesota Accepting the Donation of Fire Safety Materials from Amazon Motion Type: Simple Majority Background: The fire department received a $1,852 donation of fire safety materials from Amazon, which will support fire prevention and public education. Recommendation: Approve and accept the donation. Budget Impact: There is no impact to the budget. Attachments: Resolution R2025-080.docx Amazon Donation 06-2025.docx 18 RESOLUTION R2025-080 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING THE DONATION OF FIRE SAFETY MATERIALS FROM AMAZON WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations of real property shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, Amazon has generously donated $1,852 of fire safety materials to the city; and WHEREAS, such donations will support fire prevention and public education, which will help enhance the safety and overall quality of life in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: that the donation is gratefully accepted; and FURTHER, city staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 19 Amazon Donation to the Fire Department 6.2025 2 - First Alert Carbon Monoxide Alarm — Battery 9 - First Alert Carbon Monoxide Alarm — Plug -In 2 - First Alert Combo Smoke & CO Alarm — Hardwired 2 - BRK Smoke Alarm — Battery 2 - BRK Smoke Alarm w/Strobe Light — Battery 8 - Kidde Fire Extinguisher for Boats 7 - Kidde 1A:2BC Home Fire Extinguisher 5 - Kidde 5BC Home & Office Fire Extinguisher 4 - Kidde 2A:10BC Residential Fire Extinguisher 17 - Foam Fire Extinguisher for Home & Vehicle 1 - First Alert EZ Spray Fire Extinguisher 2 - Kidde Auto/Marine Fire Extinguisher Total Value $1,852.00 20 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.g July 15, 2025 Audit Engagement Letter with Abdo for the Year's Ending December 31, 2025 and 2026 Nate Reinhardt, Finance Director Action to be considered: Motion to approve audit engagement letter for year's ending December 31, 2025 and 2026. Motion Type: Simple Majority Background: In 2017, the city completed a request for proposal for audit firms to complete the annual audit for a three year period with a two year addendum to be considered beyond the three year contract. The city subsequently entered into an additional two year contract and the engagement letter being proposed would cover an additional two year period. Following this extension, it is expected that a formal request for proposal for audit services would be completed that includes both the City of Shakopee and the Shakopee Public Utilities (SPU). SPU currently has two years left on their audit engagement. Staff believes this will create efficiencies and reduce audit costs for both organizations. Staff has no concerns and has had a good experience with Abdo. Recommendation: Motion to approve audit engagement letter for year's ending December 31, 2025 and 2026. Budget Impact: The cost of the audit will be included in the preliminary 2026 budget. The cost of the city audit for years ending 2025 and 2026 will be $45,500 and $47,500, respectively. Attachments: Shakopee, City of - Government 2-yr Eng Letter Proposal.pdf 21 P.b o June 16, 2025 Honorable Mayor and Council City of Shakopee Shakopee, Minnesota AbdoSolutions.com The following sets forth the engagement of our services for the certified audit of the accounts of the City of Shakopee, Minnesota (the City). We will audit the financial statements of the City for the years ending December 31, 2025 and 2026 in accordance with auditing standards generally accepted in the United States of America. Our audit will include tests of the accounting records and other procedures we consider necessary to enable us to express an opinion that the financial statements are fairly presented, in all material respects, in conformity with the financial reporting provisions of the Minnesota Office of the State Auditor. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods of which we are not engaged as auditors. We will perform the auditing services discussed above for the calendar years 2025 and 2026. Year 2025 2026 City Audit $ 45,500 47,500 The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. • Our fee does not include additional audit services related to requirements of a single audit if one would be required. Nor does it include fees for additional time require for implementation of additional governmental accounting standards. Those fees would be discussed and agreed to prior to performing the services. • Our fee includes the city audit, the required management communication letter, the Auditors Report on Minnesota Legal Compliance, the auditor presentation to the Council, and general consulting related to the audit. Lighting the path forward Edina Office 5201 Eden Avenue, Ste 250 Edina, MN 55436 P 952.835.9090 Mankato Office Scottsdale Office 100 Warren Street, Ste 600 Mankato, MN 56001 P 507.625.2727 14500 N Northsight Blvd, Ste 233 Scottsdale, AZ 85260 P 480.864.5579 22 June 16, 2025 Page 2 Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2023 peer review letter accompanies this letter. Abdo, LLP and its subsidiary companies are committed to providing equal employment opportunities to all employees and applicants for employment without regard to any legally -recognized basis "protected class" including but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age, physical or mental disability, sexual orientation or marital preference, genetic information or any other protected class under federal, state, or local law. We appreciate the opportunity to continue service with the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign and return a copy to our office. If you have any questions, please contact Andy Berg at 952.715.3003 Very truly yours, Abdo Andrew Berg, CPA Governmental Services Partner RESPONSE: This letter correctly sets forth the understanding of the City of Shakopee, Minnesota. Signature Date: Finance Director AbdoSolutions.com 23 BradyMartz REPORT ON THE FIRM'S SYSTEM OF QUALITY CONTROL November 6, 2023 To the Partners of Abdo, LLP and the Peer Review Committee of the Minnesota Society of Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of Abdo, LLP (the firm) in effect for the year ended May 31, 2023. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including a compliance audit under the Single Audit Act; audits of employee benefit plans, and an audit performed under FDICIA. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Make Every Day Count I iww.bradymartz.com 24 Opinion In our opinion, the system of quality control for the accounting and auditing practice of Abdo, LLP in effect for the year ended May 31, 2023, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Abdo, LLP has received a peer review rating of pass. ?-d-744 Brady Martz and Associates, P.C. Grand Forks, North Dakota Make Every Day Count 25 SHAKOPE E WILLA' Shakopee City Council 5.h July 15, 2025 Agenda Item: Authorize Public Works to Exceed Staffing Level Prepared by: Bill Egan, Public Works Director Reviewed by: Action to be considered: Authorize Public Works to exceed staffing level Motion Type: Simple Majority Background: The Public Works Department is currently authorized for 30 full-time positions, 15 have 18 plus years (see attached years of service). Public works is requesting the addition of one full-time employee "plus one" in anticipation of multiple retirements within our department. Over the next 1-5 years, we anticipate the retirement of several staff members whose institutional knowledge and expertise are critical to our department's operations. With these expected departures, we face the challenge of maintaining operational efficiency and ensuring essential services to the community. This position would support the street, park, fleet, storm and sanitary sewer divisions and training in the various divisions can take several months and up to a year to ensure all four seasons are experienced. An additional hire will allow for a smoother transition, ensuring key responsibilities are handed over while preserving institutional knowledge. In addition, onboarding a new team member in advance will minimize disruption and provide necessary training opportunities before retirements take full effect. To be clear, the department is only asking to address impending retirements with this process and hire candidates in advance that will replace current staff when they leave. We feel it is imperative to begin now and address the upcoming retirements and recognize the city continues to grow. Recommendation: Authorize Public Works to exceed staffing levels Budget Impact: The department is currently operating under budget and would pay for the new staff with underspend funds along with savings from new hires starting employment at a lower 26 step. Attachments: PW Years of Service 2025.pdf 27 PW Years of Service EMPLOYEE NAME START EMPLOY DATE Current Years of Service HEYDA, GLENN L 05/08/85 40 EGAN, WILLIAM R 03/22/93 32 WECKMAN, KEITH R 04/26/93 32 BISEK, DEAN J 04/21/97 28 FRASSEL, MICHAELT 09/29/97 27 SCHUMACHER, TODD 04/12/99 26 FRIENDSHUH, JESSE J 03/22/00 25 HENNES, KEVIN T 07/10/00 24 RAINES, KEITH M 09/25/00 24 THEIS, JAMISON B 11/24/03 21 GIESEKE, ROBERT C 09/27/04 20 THEIS, BRIAN E 09/27/04 20 BLOM, SCOTT L 12/13/04 20 RUX, KELLY M 05/07/07 18 BONINE, CHAD B 05/07/07 18 SCHEFFLER,JUSTIN 06/09/14 11 LACOURSE, LOGAN H 06/09/14 11 KAHLE, TODD M 03/23/15 10 SCHMIDT, TERRY J 04/15/19 6 LOWY, CHARLES J 08/26/19 5 THEIS, KYLE 04/06/20 5 HELLER, JARETT 04/06/20 5 REED, CHRISTOPHER 08/10/21 3 KRAEMER, BARBARA J 11/22/21 3 RUEHLING, MATT 01/03/23 2 SCHMIDT, CHAD 05/22/23 2 SCHMIDT, JAKE 06/20/23 1 PETERSON, KEVIN 12/11/23 1 TIETZ, JOHN 01/06/25 0 SHIMOTA, JOE 06/02/25 0 STREET PARKS FLEET H:\Administration\Management\Employees\Celebrations\PW Years of Service Updated:07/15/25 28 WILLA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.i July 15, 2025 Authorize Final Acceptance and Payment for the CSAH 78 Pedestrian Underpass Improvements (PR -24-001) at Zumbro Avenue Micah Heckman, Assistant City Engineer Alex Jordan, City Engineer Action to be considered: Adopt Resolution R2025-076, accepting work on the CSAH 78 Pedestrian Underpass Project (PR -24-001) and authorizing final payment of $54,426.12 to Northwest Asphalt, Inc. Motion Type: Simple Majority Background: On June 4, 2024, the City Council adopted Resolution R2024-083 accepting bids and awarding the contract for the CSAH 78 Pedestrian Underpass Project (PR -24-001) to Northwest Asphalt, Inc. All of the improvements have been constructed in accordance with the contract documents. Attached is the Certificate of Completion showing the original contract amount of $803,317.25 with actual final costs of $785,051.59. All required project documentation has been received and is compliant. The project will be closed out upon issuance of final payment to Northwest Asphalt, Inc. in the amount of $54,426.12. Recommendation: Adopt Resolution R2025-076. Budget Impact: The total final project amount is $1,293,944.69. The project is funded by the Park Development Fund and a cost share with Scott County. The following table provides a summary of the costs and funding comparing the estimated amount based on bid award versus the final actual amounts. Estimate Based on Bid Award Final Project Costs COSTS 29 Construction Costs $ 803,317.25 $ 785,051.59 Materials Procurement (Rinker) $ 250,000.00 $ 250,092.00 Contingency $ 105,000.00 $ 3,992.90 Subtotal $ 1,158,317.25 $ 1,039,136.49 Eng/Admin/Legal $ 250,000.00 $ 254,808.20 Total Estimated Project Cost $ 1,408,317.25 $ 1,293,944.69 FUNDING Park Development Fund $ 908,317.25 $ 793,944.69 Cost Sharing (Scott County) $ 500,000.00 $ 500,000.00 Total Funding $ 1,408,317.25 $ 1,293,944.69 The final contingency amount covered power supply for lighting in the new underpass, which was not included in the project estimate at time of award. Attachments: CERTIFICATE OF COMPLETION - CR 78 Ped Underpass Resolution_R2025-076.docx 30 CERTIFICATE OF COMPLETION CONTRACT NO(S): PR -24-001 DATE: July 8, 2025 PROJECT DESCRIPTION: County Road 78 Pedestrian Underpass CONTRACTOR: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 ORIGINAL CONTRACT AMOUNT $ 803,317.25 QUANTITY CHANGE AMOUNT $ -0- CHANGE ORDER NO. 1 THRU NO. 1 AMOUNT $ 1,700.00 FINAL CONTRACT AMOUNT $ 785,051.59 LESS PREVIOUS PAYMENTS $ 730,625.47 FINAL PAYMENT $ 54,426.12 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. 31 RESOLUTION R2025-076 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING WORK ON THE CSAH 78 PEDESTRIAN UNDERPASS PROJECT AND AUTHORIZING FINAL PAYMENT WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 4, 2024, Northwest Asphalt, Inc., has satisfactorily completed the CSAH 78 Pedestrian Underpass project in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: The work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED AS FOLLOWS: The City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $54,426.12, taking the contractor's receipt in full. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 32 WILLA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.j July 15, 2025 Approve a Special Event Permit and a Temporary Liquor License for the Shakopee Chamber of Commerce Heidi Emerson, Deputy City Clerk Action to be considered: Approve a special event permit and a temporary liquor license and suspend City Code 114.11 to allow consumption on city streets for the Shakopee Chamber of Commerce Downtown Dogs event being held August 10, 2025. Motion Type: Simple Majority Background: The Shakopee Chamber of Commerce has submitted applications for a Special Event Permit and a temporary liquor license for the Downtown Dogs event being held on August 10, 2025 from 11:00 am - 4:00 pm. Downtown Dogs is a community event designed to bring local businesses together in celebration of our four -legged friends. The event will feature a vendor marketplace featuring up to 30 vendors, a dog fashion show and pet care educational sessions, along with 2 food trucks. They are requesting to close the public parking log in front of Pablo's Mexican Restaurant, between Holmes Street and Lewis Street, from 9:00 am for event set up and to reopen by 5:00 pm. Pablo's is not open on Sundays so this closure will not impact their business. They are requesting parking lot closure signs be posted on August 6, 2025. They are also requesting six garbage cans, six recycling cans and closure barricades to be placed according to the attached map. Alcohol will be sold from a tent in the event area. Anyone purchasing alcohol will be required to show ID and wrist -banded. Recommendation: Approve the above requested motion. Budget Impact: Staff time will be needed to drop off and pick up street barricades and garbage cans, post 33 parking lot closure signs and clear the parking lot. Most of this can be accomplished during normal working hours. Attachments: Downtown Dogs Event Permit application Event Map 34 Pik*Al SHAKOPEE Special Event Application City of Shakopee 485 Gorman Street, Shakopee, MN 55379 Phone# (952) 233-9300 Fax# (952) 233-3801 www.ShakopeeMN.gov OFFICE USE ONLY Date/ Time Rec'd Staff Initials Date Processed Staff Initials Contact Information Name/Organization: Shakopee Chamber of Commerce Exempt: Yes (Submit ST3) No MN Tax ID# Address: 145 1st Avenue East Email cdrayna@shakopee.org Main Phone: 952-641-9042 City: Shakopee Fed. Tax ID# State: MN Zip: 5537 Alternate Phone: 320-362-0010 (cell) Tax Reservation Information Event Date: August 10, 2025 Day of Week: Sunday Event Type/Description Downtown Dogs Start Time: 11 am End Time: 4 pm Location: (Please attach a detailed description and site map) Downtown Dogs is a community event designed to bring local businesses together in celebration of our four -legged friends! The event will feature vendors tocused on dogs and pets, offering products, services, and resources that enhance the lives of dogs and thelr owners. We're also partnering with community organizations and resources that help humans create happier, healthier lives for their pets. A highlight of the event will be the Show Tent, where attendees can enjoy a fun and festive dog fashion show and take part in educational sessions SCharlularl thrnughnut tha day nn tnpirs such as pat ran., training, and health Driwntown Dons promises to be a vibrantfamily-friendly event that supports local businesses while celebrating the important role doas play in our_ lives. Special Use Permit and/or Insurance Requirements ( Initials Required) aial Permits and/or additional insurance may be required if you are planning an event with ANY of the following: € No Street Closure/Barricades €Yes € No Entertainment € No *Alcohol or food sales taM € No Amplified Music €Yes € No Staking of tents/shelters -42 r (Garbage Cans/Collection.) Please specify: 6 garbage / recycling Initials Required My event will not include any of the activities listed above. I would like to apply for a Special Permit. Please contact Lori Hensen-952-233-9318 or lhensen@ShakopeeMn.gov I will provide the appropriate insurance 7 days prior to my event naming the "City of Shakopee" as an additional insured. *Special Permit Required — May be subject to a Fee. City Council approval required before issuing of permits. Agreement — Signature Required As lawful consideration for being permitted to use city property listed above, I agree that the City of Shakopee shall be held harmless and exempt from liability for any injury or disability which I or the participants of the event listed above might incur as the result of use of the facility listed above due to the passive or active negligence of the City, agents or employees. This release of liability of the City of Shakopee, does not include any injuries that I or other participants of the event listed above incur as the result of willful, wanton or intentional misconduct by the City of Shakopee, its agents, employees elected officials or volunteers. This agreement is specifically binding upon the organization and assigns and the assigns of the participants of the event listed above. With my signature, I verify I have read and understand the rules and regulations for city property use. Event Fee $150 + Garbage Collection $85/hour $ Total Fee $ Payment Information Cash $ Check $ # Credit Card Visa $ MasterCard $ Approval Credit Card # Expiration Date / 3 Digit Security Code 35 �eWis rix• SHAKOPE E Piliall Shakopee City Council 5.k July 15, 2025 Agenda Item: Approval of the City Council Meeting Minutes for June 17, 2025 Prepared by: Rick Parsons Reviewed by: Action to be considered: Approve the City Council meeting minutes for June 17, 2025. Motion Type: Simple Majority Background: N/A Recommendation: Approve the requested motion. Budget Impact: N/A Attachments: City Council Minutes 06-17-2025.pdf 37 7/10/25, 3:52 PM City Council WILLAI SHAKOPEE City Council City Hall 485 Gorman Street Shakopee, MN, 55379 Tuesday, June 17, 2025 7:00 p.m. 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. 1) Call to Order 2) Roll Call PRESENT: Mayor Lehman, Council Member Contreras, Council Member Whiting, Council Member DuLaney, and Council Member Lara ABSENT: None. ALSO PRESENT: None. 3) Pledge of Allegiance 4) Approval of Agenda Council Member Whiting made a motion to approve the Agenda with the modification of adding item 5.o) FEMA's Staffing for Adequate Fire and Emergency Response Program Grant Application to the agenda, second by Council Member Contreras and the motion passed. 5 - 0 5) Consent Agenda https://shakopeemn.granicus.com/MinutesViewer.php?clip_id=141 &doc_id=976fe3d4-5dcb-11 f0-b7f5-005056a89546&form_id= 138 7/10/25, 3:52 PM City Council 5.a) Monthly Financial Review - May 2025 5.b) Minnesota Council on Local Results and Innovation's Performance Measurement Program Report 5.c) Accept a Proposal from Moore Engineering for a Stormwater Resilience Study 5.d) Approval request to declare abandoned property as surplus. 5.e) Approve a Gambling Premise Permit for the Shakopee Trap Club located at Global Restaurant Group LLC. dba Dangerfield's Restaurant of Shakopee. 5.f) Surplus Property 5.g) Approval of the City Council Meeting Minutes for June 3, 2025 5.h) Modification to XCEL Energy Mountain Bike Park Agreement 5.i) Lease with AT&T and its assigns for space at Tapah Park for Communications Tower 5.j) Authorize Final Acceptance and Payment for the 2024 Downtown Lighting Improvement Project 5.k) Erosion Control for Bike Course at Jackson Commons Park 5.l) Contract with SRF for Update of West End AUAR 5.m) Authorize Staff to Negotiate a Change Order for Materials Procurement for the Minnesota Riverbank Protection and Parks Integration - Marina Equipment Project - (item pulled for separate consideration) 5.n) Addition to Contract to Miller Dunwoodie for the Schroeder House for a Structural Engineer - (item pulled for separate consideration) 5.o) FEMA's Staffing for Adequate Fire and Emergency Response Program Grant Application Council Member Whiting made a motion to approve the Consent Agenda with the modification of pulling item 5.n and 5.m for further consideration and adding item 5.o to the Consent Agenda, second by Council Member Contreras and the motion passed. 5 - 0 6) Public Comment 7) Business removed from consent agenda 5.m) Authorize Staff to Negotiate a Change Order for Materials Procurement for the Minnesota Riverbank Protection and Parks Integration - Marina https://shakopeemn.granicus.com/MinutesViewer.php?clip_id=141 &doc_id=976fe3d4-5dcb-11 f0-b7f5-005056a89546&form_id= 239 7/10/25, 3:52 PM City Council Equipment Project Council Member DuLaney made a motion to authorize the appropriate city officials to negotiate a change order up to a maximum amount of $35,000 to the contract with The Dock Doctors, LLC for the Procurement of Materials for the Minnesota Riverbank Protection and Parks Integration Project if the change order arises of out an increase in tariffs on steel and aluminum from those that were in effect on June 3, 2025., second by Council Member Whiting and the motion passed. 5 - 0 5.n) Addition to Contract to Miller Dunwoodie for the Schroeder House for a Structural Engineer Council Member Whiting made a motion to approve an amendment to contract for the Schroeder House and Livery with Miller Dunwoodie Architects for an amount not to exceed $25,000 for a structural engineer and authorize the City Administrator to sign modification., second by Council Member Contreras and the motion passed. 5 - 0 8) General Business 8.a) Final Plat of Bluff View Council Member Contreras made a motion to approve Resolution R2025-058, approving the Final Plat of Bluff View, second by Council Member DuLaney and the motion passed. 5 - 0 8.b) Comprehensive Plan Amendment to Figure 4.11 - Residential Development Potential By Decade (All Land Uses) and Figure 4.12 - Planned Land Use in the 2040 Comprehensive Plan. Council Member Whiting made a motion to approve Resolution R2025- 070 approving a Comprehensive Plan Amendment to reguide approximately 27 acres of PID 279160102 and 279160110 from Mixed Use Commercial Center to Suburban Residential and Mixed Residential and amend Figure 4.11 to reflect the proposed changes for each classification., second by Council Member Contreras and the motion passed. 5 - 0 9) Reports 9.a) City Bill List 9.b) News and Announcements 10) Other Business 11) Adjourn to July 1, 2025 at 7:00 p.m. https://shakopeemn.granicus.com/MinutesViewer.php?clip_id=141 &doc_id=976fe3d4-5dcb-11 f0-b7f5-005056a89546&form_id= 340 7/10/25, 3:52 PM City Council Council Member Whiting made a motion to adjourn to July 15, 2025 at 7:00 p.m., second by Council Member DuLaney and the motion passed. 5 - 0 https://shakopeemn.granicus.com/MinutesViewer.php?clip_id=141 &doc_id=976fe3d4-5dcb-11 f0-b7f5-005056a89546&form_id= 441 PIDiliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.1 July 15, 2025 CenterPoint Energy's Community Safety Grant Award Andrea Harrell, Grants and Special Projects Coordinator Chelsea Petersen, Assistant City Administrator Action to be considered: Adopt Resolution R2025-078, accepting CenterPoint Energy's Community Safety grant award and authorizing the City Administrator to execute the necessary contracts and agreements applicable to accepting this award. Motion Type: Simple Majority Background: At its May 20, 2025 meeting, Council approved the application to the CenterPoint Energy's Community Safety grant. The Community Safety grant is providing funding to purchase gas meters and calibration equipment to be utilized by the Fire Department. Recommendation: Adopt Resolution R2025-078. Budget Impact: The grant requires a 0% match. Attachments: Resolution R2025-078 AWARD.docx Resolution R2025-059.pdf 42 RESOLUTION R2025-078 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE CENTERPOINT ENERGY COMMUNITY SAFETY GRANT AWARD AGREEMENT WHEREAS, the City of Shakopee applied to CenterPoint Energy's Community Safety grant, previously approved via Resolution R2025-078 on 20th day of May 2025, and WHEREAS, the grant award is to provide funding to purchase gas meters and calibration equipment to be utilized by the Fire Department, and WHEREAS, the City of Shakopee was awarded the Community Safety grant for $2,459, and WHEREAS, the City of Shakopee recognized a 0% match is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: the City of Shakopee recognizes it has been awarded a grant by CenterPoint Energy, agrees to accept the grant award and grant agreement for the above -referenced project, and authorizes the City Administrator to execute the necessary contracts and agreements applicable to accepting this award. The City of Shakopee will comply with all applicable laws, requirements, and regulations as stated in the grant agreement. Adopted in the regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of July 2025. Matt Lehman, Mayor of the City of Shakopee ATTEST: Richard Parsons City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 43 RESOLUTION R2025-059 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE CITY TO SUBMIT A CENTERPOINT ENERGY COMMUNITY SAFETY GRANT PROGRAM APPLICATION WHEREAS, the City of Shakopee supports the application made to the CenterPoint Energy Community Safety grant program, and WHEREAS, the application is to obtain funding for gas meters and calibration equipment to be utilized by the Fire Department, and WHEREAS, the City of Shakopee recognizes a 0% match is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: if the City of Shakopee is awarded a grant by CenterPoint Energy, the City of Shakopee agrees to accept the grant award and may enter into an agreement with CenterPoint Energy for the above -referenced project. The City of Shakopee will comply with all applicable laws, requirements, and regulations as stated in the grant agreement. Adopted in the regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of May 2025. Matt Lehman, Mayor of the City of Shakopee ATTEST: Richard Parsons City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 44 SHAKOPE E Piliall Shakopee City Council 5.m July 15, 2025 Agenda Item: Donation of Fitness Equipment Prepared by: Jeff Tate, Police Chief Reviewed by: Action to be considered: Accept donation of fitness equipment from Bayer CropScience. Motion Type: Simple Majority Background: Bayer CropScience is closing their building on Dean Lakes Trail. Bayer staff reached out to the police department in hopes of donating their fitness equipment to the city. After reviewing the condition of our current equipment and looking at what they would like to donate, the police department is asking council to accept the Bayer donation of the following equipment: * HF 2200 2 Stack Home Gym * 2 Cybex 425T Treadmill * 2 Octane Pro4700 Smart Stride Powered Eliptical * Samsung TV Model UNSS.ZO1AF * Samsung TV Model UN55AU8000F * Fitness Room Flooring/Mirrors The group at Bayer has always been extremely supportive of first responders in the community and were excited to learn that we could use the equipment. Recommendation: Approve Resolution R2025-081, a Resolution of the City of Shakopee, Minnesota Accepting the Donation of Fitness Equipment from Bayer Cropscience Budget Impact: None. 45 Attachments: Resolution R2025-081.docx 46 RESOLUTION R2025-081 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING THE DONATION OF FITNESS EQUIPMENT FROM BAYER CROPSCIENCE WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations of real property shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, Bayer CropScience has generously donated fitness equipment to the city; and WHEREAS, such donations will improve police department equipment and contribute to the wellbeing and effectiveness of the police department, which will help enhance the overall quality of life in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: that the donation is gratefully accepted; and FURTHER, city staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 47 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.n July 15, 2025 Approve an Updated Rhythm on the Rails Special Event Permit and Temporary Liquor License for the Shakopee Chamber of Commerce Heidi Emerson, Deputy City Clerk Action to be considered: Approve an Updated Rhythm on the Rails Special Event Permit and Temporary Liquor License for the Shakopee Chamber of Commerce for August 6, 2025. Motion Type: Simple Majority Background: The Shakopee Chamber of Commerce has applied for an updated special event permit and a temporary liquor license for August 6, 2025. This additional date is the makeup date from the June 25th Rhythm on the Rails event, that was canceled due to the weather. Recommendation: Approve the above requested motion. Budget Impact: Staff time will be needed to drop off and pick up street barricades and garbage cans, post street closing signs and clear the streets. Most of this can be accomplished during normal working hours. Attachments: Updated ROTR Special Event Permit for 08/06/2025 48 Pik*Al SHAKOPEE Special Event Application City of Shakopee 485 Gorman Street, Shakopee, MN 55379 Phone# (952) 233-9300 Fax# (952) 233-3801 www.ShakopeeMN.gov OFFICE USE ONLY Date/ Time Rec'd Staff Initials Date Processed Staff Initials Contact Information Name/Organization: Shakopee Chamber of Commerce Exempt: Yes (Submit ST3) No MN Tax ID# Address: 145 1st Avenue East Email cdrayna@shakopee.org Main Phone: 952-641-9042 City: Shakopee Fed. Tax ID# State: MN Zip: 55379 Alternate Phone: 320-362-0010 (cell) Tax Reservation Information Event Date: 8/6/2025 Day of Week: Wednesdays Start Time: 5:00 PM Event Type/Description Rhythm on the Rails - Concert Series End Time: 9:00 pm Location: (Please attach a detailed description and site map) Rhythm on the Rails is a free six -week concert series that happens on Wednesdays in Downtown Shakopee on Lewis Street. This is a rescheduled date from our rained out concert on June 25 Special Use Permit and/or Insurance Requirements ( Initials Required) Special Permits and/or additional insurance may be required if you are planning an event with ANY of the following: € No Street Closure/Barricades - € No Entertainment € No *Alcohol or food sales € No Amplified Music € Yes : 4 Staking of tents/shelters Garbage Cans/Collection.) Please specify: garbage & recycling cans Initials Required My event will not include any of the activities listed above. CMD I would like to apply for a Special Permit. Please contact Lori Hensen-952-233-9318 or lhensen@ShakopeeMn.gov CMD I will provide the appropriate insurance 7 days prior to my event naming the "City of Shakopee" as an additional insured. CMD *Special Permit Required — May be subject to a Fee. City Council approval required before issuing of permits. Agreement — Signature Required As lawful consideration for being permitted to use city property listed above, I agree that the City of Shakopee shall be held harmless and exempt from liability for any injury or disability which I or the participants of the event listed above might incur as the result of use of the facility listed above due to the passive or active negligence of the City, agents or employees. This release of liability of the City of Shakopee, does not include any injuries that I or other participants of the event listed above incur as the result of willful, wanton or intentional misconduct by the City of Shakopee, its agents, employees elected officials or volunteers. This agreement is specifically binding upon the organization and assigns and the assigns of the participants of the event listed above. With my signature, I verify I have read and understand the rules and regulations for city property use. DATE: 5/12/25 SIGNATURE: (Al P Payment Information Event Fee $150 + Garbage Collection $85/hour $ Cash $ Check $ Total Fee $ # Credit Card Visa $ MasterCard $ Approval Credit Card # Expiration Date / 3 Digit Security Code 49 Piliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.o July 15, 2025 Resolution R2025-079, Changing the City Council Regular Meeting Dates on August 5 and November 5, 2025 Rick Parsons Action to be considered: Approve Resolution R2025-079, a resolution of the City of Shakopee, Minnesota changing the August 5, 2025 City Council meeting date to August 6, 2025, and the November 4, 2025 City Council meeting date to November 5, 2025 Motion Type: Simple Majority Background: The regular City Council meeting on August 5 is being moved to August 6 to accommodate Night to Unite, which is taking place from 5:30 - 9:00 pm on August 5. The regular City Council meeting on November 4 is being moved to November 5 because election day is November 4. The city is not holding an election on November 4, but it appears that the Shakopee Public School District will be holding an election. The city cannot hold a public meeting the same evening as an election if the election is taking place within city boundaries, so the regular meeting is being moved by a day. Recommendation: Approve Resolution R2025-079, a resolution of the City of Shakopee, Minnesota changing the August 5, 2025 City Council meeting date to August 6, 2025, and the November 4, 2025 City Council meeting date to November 5, 2025. Budget Impact: N/A Attachments: Resolution R2025-079 50 RESOLUTION R2025-079 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA CHANGING THE AUGUST 5, 2025 CITY COUNCIL MEETING DATE TO AUGUST 6, 2025, AND THE NOVEMBER 4, 2025 CITY COUNCIL MEETING DATE TO NOVEMBER 5, 2025 WHEREAS, the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS, the Shakopee City Code allows for the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: that the August 5, 2025, regularly scheduled City Council meeting be changed to August 6th, 2025, at 7:00 pm, and the November 4, 2025, regularly scheduled City Council meeting be changed to November 5, 2025, at 7:00 pm. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of July 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 51 WILLA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 8.a July 15, 2025 Ordinance Amending City Code Section 111.02 related to fence construction and placement regulations Amanda Schwabe, Planner Michael Kerski Action to be considered: Adopt Ordinance O2025-010 amending Title XI of the City Code repealing and replacing Section 111.02 related to fence construction and placement regulations, appeal period, and publication by summary. Motion Type: Simple Majority Background: City engineering, building inspections and planning staff have reviewed the current fence regulations and are proposing amendments in an effort to provide clear direction on fence construction and placement requirements. The current ordinance requires a fence permit prior to the installation of any fence that is not a "garden fence" by definition or the replacement of more than 20% of an existing fence. Permits are not required if less than 20% of the fence is being replaced and the materials, height, or location are not changing. Currently, engineering and planning staff as well as Shakopee Public Utilities review fence permits to ensure placement and materials are compliant with city code requirements. After installation, an applicant schedules a fence inspection, at which time planning staff verifies the installation was completed per the approved plan/permit. Since Jan. 1, 2023 staff have reviewed 598 fence permit applications. Following the direction provided to staff at the May 6, 2025 City Council meeting, the originally proposed ordinance language has been modified to remove the permit requirement to repair a fence and increased the appeal period from 10 days to 15. The City Attorney reviewed the proposed ordinance and suggested removal of the requirement for written permission from adjacent property owners to be notarized. Staff is proposing to keep the requirement for permission to be notarized to ensure the permission granted is valid. A summary of the proposed changes are as follows: 52 • Requires written, notarized permission from adjacent property owner(s) if the fence is proposed to be constructed on the property line or if the proposed fence will physically connect to an existing fence on an adjacent property. • Clarifies permit requirements including a site plan or survey showing the proposed fence location with gates (if applicable), written, notarized permission from adjacent property owners to place the fence on the property line or to physically connect, as well as the requirement for the permittee to schedule a fence inspection following installation. • Removes the requirement for a permit to repair a fence. • Creating a definition for "Opaque". • Clarifies materials that are prohibited including: barbed wire, razor wire/concertina wire, materials with the capability to carry/hold/emit an electrical current, sheet metal, pallets or other non -exterior rated wood, chain link thinner than 11 gauge, and plastic slats or mesh in/on chain link fences. City -owned facilities are exempt from this requirement. • Requires a top rail for chain link fencing. • Requires fences in the Shoreland Overlay District within the structure setback to have a maximum height of four feet. No fence shall be allowed below the 100 -year High Water Level of any lake, stream, river, wetland, wetland buffer, or stormwater basin without permission from the City Engineer or designee. • Reduces the appeal period from thirty days of the date of the decision to fifteen. • Removes language associated with requiring a demolition permit review of locally significant historic properties by the City's Historic Preservation Advisory Commission (HPAC). Due to the number of proposed changes, staff is recommending the existing language be repealed and replaced. A public hearing is not required for this proposed text amendment, as the ordinance is not part of the zoning or subdivision code (Title XV). The ordinance would be effective upon approval and publication. Recommendation: Two motions are required: 1) Approve Ordinance O2025-010. 2) Approve publication of Ordinance O2025-010 by summary. Budget Impact: None Attachments: 53 Ordinance O2025-010.pdf Official Summary of Ordinance O2025-010 54 ORDINANCE NO. 02025-010 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING TITLE XI, CHAPTER 111 RELATED TO FENCE CONSTRUCTION AND PLACEMENT REQUIREMENTS The City Council of Shakopee, Minnesota ordains: Section 1. Section 111.02 of the Shakopee City Code is hereby repealed in its entirety and replaced to read as follows: 111.02 Building Permits A. Generally. 1. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems, water wells, and on -site disposal systems therein, or remove or displace any soil, ground, or earth preparatory to any action, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. 2. It is also unlawful for any firm, person, or corporation to erect, enlarge, improve, construct, repair, replace, or move a fence in all zoning districts of the city except A&gricultural Preservation within the corporate limits of the city without first obtaining a permit, with the exception of garden fences. The permit application shall include a survey or site plan showing property lines with dimensions, existing structures, and the proposed fence and gates with dimensions. Written, notarized permission from adjacent property owner(s) is required as part of any fence permit application if a fence is proposed to be constructed on the property line or if a proposed fence will physically connect to an existing fence on an adjacent property. After permit issuance and installation of an approved fence, the permittee shall schedule a fence inspection for which the property lines/pins shall be located and identified. 2 3.Notwithstanding any provision of this section and in addition thereto, it is unlawful for any person to remove or displace any soil, ground, gravel, or earth without first obtaining a permit from the proper city officials. B. Fence construction requirements. 1. All fences, with the exception of garden fencesfences, shall require a fence permit. No permit is required for repair to, or replacement of, an existing fence if the portion of the fence that is being repaired, or replaced is less than 20% of the fence's overall length and there is no change in the fence's height, material, or location. For purposes of this section, a FENCE shall be defined as any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure encircling either wholly or any portion of 55 any area. A GARDEN FENCE shall be defined as a fence that is no more than 3 feet in height measured at grade, that may be easily removed and that is used to protect gardens from animals. OPAQUE shall be defined as a surface that is solid, or mostly solid, that blocks the line of site into a premises and does not allow the passage of light or air. Opacity is determined by calculating the average openness of the fence from top to bottom over a distance of 50 feet.Residential fences greater than 6 1/2 feet in height, or commercial and industrial fences greater than 8 feet in height shall also require a conditional use permit (CUP). 2. All fFences erected in the city may be constructed adjacent up to, but not on, the property lines; provided, they do not encroach into any sight triangle per Chapter 151, Section 151.125 or easement area held by the city or others any conservation casement area held by the city, or any sight triangle as defined by this code of ordinances, except if permission is otherwise granted or allowed by the city as part of the permitting process pursuant to Chapter 90, Section* 90.16 or in writing from the easement holder or if written, notarized permission is granted per Section 111.02 A. 2. If a fence on the rear property line abuts a public alley there must be a 3 feet setback. 3. All fFences shall be constructed of exterior rated materials that are low maintenance or easily maintained that are not deemed hazardous by the Building Official; of materials that arc consistent with building materials standards set forth in Ch. 151,; chain link fences shall have a top rail; and all fences shall havewith the finished side of the materials facing adjacent properties or the public rights -of -way,; and of materials that are low maintenance or easily maintained. 4. Temporary, plastic snow fence up to 4 feet in height is allowed between Oct. 1 — April 1 when placed out of the right-of-way and not in an easement or sight triangle, no permit required. 5. Barbed wire, razor wire/concertina wire, materials with the capability to carry/hold/emit an electrical current, sheet metal, pallets or other non -exterior rated wood, chain link with a thickness less than 11 gauge, and plastic Chain link fencing interwoven with slats or mesh in/on chain link fences, whether for screening purposes or for other applications, shall be prohibited. City -owned facilities shall be exempt from this requirement. 6. Swimming pool barriers shall comply with Chapter 111, Section 111.09 D. 47.Fences greater than 7 feet in height shall meet the requirements of the State Building Code. C. Fence placement requirements. 1. Fences 6-1/2 feet and under shall be permitted anywhere on thea lot except in the front yard setback or within any city easement areas or sight triangles except ifunless permission is otherwise granted or allowed in writing by the eitteasement holder as part of the permitting process. In the case of a corner or double frontage lot, fences 6= 1/2 feet in height and under and commercial and industrial fences 8 feet in height or less shall be permittedallowed within the setback on a street frontage from which access is not obtained. 2. All Ffences up to 3 feet in height shall be allowed in the front yard setback, so long as they are not within any city easement areas or sight triangles. Garden fences may be 56 located within a city easement area but shall not obstruct drainage or impede the flow of surface water from or in the easement area. If a garden fence is located within an easement area, city staff may require it to be removed at the owner's expense at any time. 3. Fences shall be set back a minimum of 5 feet from an existing or proposed sidewalk or trail and if abutting a public alley, they shall be a minimum of 3 feet from the property line or traveled alley, whichever is more restrictive. 4. Fences in the Shoreland Overlay District within the structure setback shall have a maximum height of 4 feet and maximum opacity of 50%. 5. No fence shall be placed below the 100 -year High Water Level of any waterway, lake, stream, river, stormwater basin, wetland or within any wetland buffer without permission from the City Engineer or designee regardless of the existence of an easement. 6. No fence shall be placed when it impacts the flow of drainage or emergency overflow path without permission from the City Engineer or designee regardless of the existence of an easement. �D. Conditional Use Permit required. 1. Residential Ffences in excess ofmore than 6-1/2 feet in heightthe above heights and commercial and industrial fences greater than 8 feet in height shall require a conditional use permit. City -owned facilities shall be exempt from the conditional use permit requirement. E. Fees. 21.Fee payment per the fee schedule is required prior to permit issuance. 3. City owned recreation facilities shall be exempt from the conditional use permit requirement. 1. All fences, with the exception of garden fences, shall not be located within a city casement or sight triangle except if permission is otherwise granted or allowed by the city as part of the permitting process. Garden fences may be located within a city casement area, but shall not obstruct drainage or impede the flow of surface water from or in the easement arca. If a garden fence is located within an easement arca, city staff may require it to be removed at the owner's expense at any time. 5. Payment of a fence permit fee, as set forth in the city's most recent fee ordinance, is required before a permit is issued. F. Appeal. 1. Any person aggrieved by a denial of a fence permit or removal of a garden fence by city staff may appeal such decision to the Board of Adjustment and Appeals. The appeal shall be filed in writing with the Planner within 15 days of the date of the decision. Upon receipt of an appeal, the Planner shall schedule the matter for consideration by the Board. The Board shall have the authority to affirm, modify, or reverse the decision of the Planner or designee. This provision shall not apply in the case of a criminal prosecution for violation of this chapter. 57 Any person aggrieved by a denial of a fence permit or removal of a garden fence by city staff may appeal such decision to the Board of Adjustment and Appeals. An appeal must be brought within 30 days of the date of the decision. After consideration of such appeal, the Board of Adjustment and Appeals may make such findings and issue such orders as it deems appropriate. Demolition permit review of locally significant historic properties. 6. A building/demolition permit application for a building or structure that has been designated by the City's Historic Preservation Advisory Commission (HPAC) as a locally significant historic property must be referred to the HPAC for review. Tho application must include detailed plans, including a site plan and building elevations, and any other related information deemed necessary by the Building Official to evaluate the request. 7. The HPAC may provide the applicant with comments and suggestions concerning tho proposed demolition of the building or structure; including, but not limited to, suggesting incorporating the existing building into a development proposed for tho property; rehabilitating or renovating the building; relocating the building; salvaging significant artifacts and materials from the building prior to demolition; and documenting the building for historical reference prior to demolition. 8. No building/demolition permit shall be issued by the Building Official for demolition of any locally significant historic property until the HPAC has provided its comments on the application. If within /15 days from the filing of a complete application, the HPAC has not commented on the application, the Building Official may issue the building/demolition permit if all other requirements for issuance have been met. 9. If the Building Official determines that an emergency situation or natural disaster requires immediate repair to protect the safety of a building or structure or its inhabitants, the Building Official may issue the permit without prior HPAC action. 10. In addition to any other remedies that might be available to the city, the Building Official or the Zoning Administrator may issue a stop work order or commence a civil injunctive action to stop, prevent, or abate a violation of this division (D) and may also impose additional fees as set forth in the Building Code or in the city's fee schedule. Section 2. Publication by Summary. The city council determines that publication of the title and the approved summary of this ordinance would clearly inform the public of the intent and effect of the ordinance and therefore directs that only the title of the ordinance and the approved summary be published. Section 3. Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the day of , 2025. Mayor of the City of Shakopee Attest: 58 Richard Parsons, City Clerk Published in The New Prague Times on the day of , 2025. 59 Official Summary of Ordinance O2025-010 The following is the official summary of Ordinance O2025-010 Approved by the City Council of the City of Shakopee, Minnesota on July 15, 2025 AN ORDINANCE AMENDING TITLE XI, CHAPTER 111 RELATED TO FENCE CONSTRUCTION AND PLACEMENT REQUIREMENTS 1. The ordinance amends the City Code by repealing and replacing Section 111.02 related to fence regulations. 2. The ordinance requires written, notarized permission from adjacent property owner(s) if the fence is proposed to be constructed on the priority line or if the proposed fence will physically connect to an existing fence on an adjacent property. 3. The ordinance clarifies application requirements including a survey and/or site plan and written, notarized permission from adjacent property owners to place the fence on the property line or to physically connect, as well as the requirement for permittee to schedule an inspection following installation. 4. The ordinance adds a definition for opaque. 5. The ordinance removes the requirement for a permit to repair a fence. 6. The ordinance lists the construction materials which are prohibited and requires a top rail for chain link fencing. 7. The ordinance includes provisions for temporary, plastic snow fence from Oct. 1 — April 1 without a permit. 8. The ordinance clarifies the setback requirements in the Shoreland Overlay District. 9. The ordinance reduces the appeal period from 30 days of the date of the decision to 15. 10. The ordinance removes language associated with requiring a demolition permit review of locally significant historic properties by the City's Historic Preservation Advisory Commission (HPAC). 11. The ordinance will be effective upon publication. A printed copy of the ordinance is available for inspection by any person during the City's regular office hours or on the City's website. 60 PIDilial SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 8.b July 15, 2025 Ordinance amending City Code Section 130.04 related to livestock and poultry. Amanda Schwabe, Planner Michael Kerski Action to be considered: Adopt Ordinance O2025-016 amending Title XIII of the City Code, Section 130.04 to modify the definition of hen chickens to poultry, define livestock, and clarify the number of poultry allowed in residential zoning districts. Motion Type: Simple Majority Background: Planning staff was directed to review the current animal regulations (specifically livestock and poultry) as they relate to types and quantities allowed to be kept in residential zoning districts based on resident feedback and questions that have come through planning regarding livestock and poultry and definitions and numbers allowed. This also address seasonal stands. A summary of the proposed changes are as follows: • Creates a new definition for "Livestock" and clarifies livestock is only allowed in the Agricultural Preservation zoning district. • Clarifies a max of 5 hen chickens are allowed in the R-1 A, R-1 B, R-1 C, and R-2 zoning district and reconfigures the existing coop and run sq. ft. requirements in a chart. • Modifies the existing definition of "Hen Chickens" to "Poultry" to allow for domesticated birds limited to ducks, geese, guineafowl, quail and pheasants in addition to hen chickens in the Rural Residential (RR) zoning district. • Restricts the number of allowed poultry and size of coop and run structures in the Rural Residential (RR) zoning district based on lot size Lot Size Max Poultry Max Coop Size Max Run Size .01-.99 acresft. 5 50 sq. ft. 100 sq. 61 1 acre or 120 sq. ft. 240 sq. more 12 ft. • Clarifies that Seasonal Sales Stands for the sale of honey or related bee products shall comply with Section 151.007 K. The Planning Commission was provided O2025-016 as an informational item at their June 5, 2025 meeting since it was related to O2025-017. They were not required to make a recommendation as this section is not part of the zoning or subdivision code. As part of the discussion, they suggested staff consider aligning the proposed definition of livestock with the USDA definition; however, Staff reviewed the definitions and determined that the USDA considers "bees" to be livestock and beekeeping is addressed in Section I of this ordinance. The only proposed change to the beekeeping section is the last bullet above related to seasonal sales stands. A public hearing was not required for this proposed text amendment, as the ordinance is not part of the zoning or subdivision code (Title XV). The ordinance would be effective upon approval and publication. Recommendation: Motion to adopt Ordinance O2025-016. Budget Impact: None Attachments: Ordinance O2025-016 Section 130.04.pdf 62 ORDINANCE O2025-016 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING THE SHAKOPEE CITY CODE RELATED TO LIVESTOCK AND POULTRY The City Council of Shakopee, Minnesota ordains: Section 1. Section 130.04 of the Shakopee City Code is amended to remove the strikethrough text and add the underlined text as follows: A. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DOMESTIC ANIMAL. Any of the following animals: 1. Domestic dogs, excluding hybrids with wolves, coyotes, or jackals; 2. Domestic cats, excluding hybrids with ocelots or margays; 3. Domestic horsesFarm animals; 4. The following other mammals: chinchillas, pot bellied pigs; and pygmy goats; 5. The following rodents: rabbits; guinea pigs; hamsters; gerbils; mice; and rats; 6. The following reptiles: iguanas; anoles; chameleons; non -venomous snakes; terrapins; turtles; and tortoises; 7. The following amphibians: frogs; toads; and newts; 8. The following birds: captive -bred species of common cage birds, including parakeets; finches; love birds; doves; parrots; cockatiels; cockatoos; 9. No -poisonous spiders; 10. Hermit crabs; and 11. Fish. LIVESTOCK. Domesticated animals which are limited to dairy and beef cattle, goats, sheep, swine, donkeys, llamas, alpacas, and turkeys that are bred and raised in an agricultural setting which produces products for commercial purposes such as meat, milk, leather, and wool. POULTRY. Domesticated birds which are limited to hen chickens, ducks, geese, guineafowl, quail, and pheasants that are raised primarily for their eggs, meat, feathers, or other agricultural purposes. WILD ANIMAL. Any animal other than a domestic animal, poultry or livestock. B. Keeping. It is unlawful for any person to keep any wild animal in any part of the city. It is unlawful for any person to keep any animal which is not approved by the U.S. Department of Agriculture, or the State Department of Natural Resources, in any part of the city. Except as otherwise allowed in division (H) below, livestock, pot bellied pigs, and pygmy goats may be kept only in the Agricultural Preservation zoning districtat portion of the city zoned for agricultural purposes or where these animals are a permitted, conditional, or accessory use. H. Hen chickensPoultry. 1. Lots in the SRR, PRD, R -1A, R -1B, R -1C, and R-2 zoning districts are allowed hen chickens per the chart below. No more than 5 hen chickens arc allowed on any parcel of land in the Max Hen Chickens Max Coop Size Max Run Size 1 63 5 50 sq. ft. 100 sq. ft. 4-2. Lots in the RR zoning district are allowed poultry per the chart below. Lot Size Max Poultry Max Coop Size Max Run Size .01-.99 acres 5 50 sq. ft. 100 sq. ft. 1 acre or more 12 120 sq. ft. 240 sq. ft. 3. Roosters are prohibited in all districts. 24. Every person who owns, controls, keeps, maintains, or harbors hen chickens poultry must keep them confined on the premises at all times in a chicken poultry coop or chicken poultry run. Hen chickensPoultry are not allowed in any part of a house or garage once fully feathered. 3-5. Any chicken poultry coop or chickenpoultry run must comply with all applicable building and zoning codes and regulations. 4.6. No chickenpoultry coop or run shall be constructed on any parcel of land before construction of the principal building. 577.A chickenpoultry coop or run cannot be located in the front or side yard. 678.A chickenpoultry coop or run must be setback at least 50 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. 7,9.A chickenpoultry coop or run must be screened from view with a solid fence or landscaped buffer with a minimum height of 4 feet. 8710. A chickenpoultry coop can be no larger than 10 square feet per chicken and and run fencing cannot exceed 6 feet in height and. A chicken run cannot exceed 20 square feet per chicken and the fencing cannot exceed 6 feet in height. A chickenpoultry run may be enclosed with wood or woven wire materials; and may allow chickenspoultry to contact the ground. A chickenpoultry run must have a protective overhead netting to keep the chickenspoultry separated from other animals. 9.11. A chicken poultry coop must be elevated a minimum of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath the coop. 4-0712. Chicken Poultry grains and feed must be stored in rodent -proof containers. 44-13. No chicken poultry may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. 414. Any chicken poultry running at large may be impounded by the city and, after being impounded for 3 days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded chicken must pay the cost of impounding and keeping the same. II. Beekeeping. 5. General regulations b. Sale of honey or related bee products. Retail Seasonal sales stands shall comply with Section 151.007 K. in residential zones must only be from hives on that property and comply with this Code of Ordinances on home occupations, which may require a home occupation permit. All on site signage must meet this Code of Ordinance requirements. Section 2. Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the day of , 2025. Mayor of the City of Shakopee 2 64 Attest: Richard Parsons, City Clerk 3 65 PIDiliall SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 8.c July 15, 2025 Ordinance amending City Code Section 151.002 and 151.007 K. related to agricultural uses and seasonal sales stands. Amanda Schwabe, Planner Michael Kerski Action to be considered: Adopt Ordinance O2025-017 amending City Code Section 151.002 and 151.007 K. Motion Type: Simple Majority Background: Planning staff were directed to review the regulations surrounding agriculture uses and seasonal sales stands in the Rural Residential (RR) zoning district based on comments from the public and Council. This ordinance should clear up any confusion on land uses in the RR zone. A summary of the proposed changes are as follows: • Creates new definitions for "Agricultural Use (Crops)", "Agricultural Use (Livestock)", and "Agricultural Use (Poultry and Bees)" in Section 151.002. • Adds the above referenced uses in the Table of Uses in 151.007 K. as follows: o Agricultural Uses (Crops), Agricultural Uses (Poultry and Bees), Seasonal Sales Stands, and Seasonal Sales Stands when the principal use of the property is agricultural as Accessory (A) uses in Rural Residential (RR). o Agricultural Uses (Crops), Agricultural Uses (Livestock), Agricultural Uses (Poultry and Bees), and Seasonal Sales Stands when the principal use of the property is agricultural as Permitted (P) uses in the Agricultural Preservation (AG) zoning district. • Clarifies Seasonal Sales Stand requirements for farm produced and non -farm produced items in the Commercial and Industrial Districts. • Creates conditions for Seasonal Sales Stands in RR and AG. The Planning Commission held a public hearing and discussed the proposed ordinance at their meeting on June 5, 2025 and recommended approval with a suggestion that staff consider adding language to "Agricultural Use (Crops)" to clarify that vegetables and nursery plants would be allowed; and consider a different naming convention for "Agricultural Use (Non -Livestock)". Staff incorporated additional language into the 66 "Agricultural Use (Crops)" definition and is proposing to use "Agricultural Use (Poultry and Bees)" in lieu of "Agricultural Use (Non -Livestock)". The definition of "Livestock", "Poultry", and bee related items are in City Code Section 130.04. Cannabis cultivation is regulated by Ordinance O2024-011. The ordinance would be effective upon approval and publication. Recommendation: Two motions are required: 1) Approve Ordinance O2025-017. 2) Approve publication of Ordinance O2025-017 by Summary. Budget Impact: None Attachments: DRAFT Ordinance O2025-017.pdf Official Summary of Ordinance O2025-017 67 ORDINANCE O2025-017 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING THE SHAKOPEE CITY CODE TO ALLOW AGRICULTURE USES IN RESIDENTIAL ZONING DISTRICTS AND SEASONAL SALES STANDS The City Council of Shakopee, Minnesota ordains: Section 1. Section 151.002 of the Shakopee City Code is amended to remove the strikethrough text and add the underlined text as follows: AGRICULTURAL USE (CROPS). A. The use of land for the growing or production of field crops, vegetables, and nursery plants, livestock, or livestock products, including, but not limited to, the following: 1. Field crops such as barley, soy beans, corn ,hay, oats, potatoes, rye, sorghum, and sunflowers 2. Livestock such as dairy and beef cattle, goats, horses, ponies, sheep, hogs, poultry, game birds, dogs, deer, rabbits, mink, and bees; or 3. Livestock products such as milk, butter, cheese, eggs, meat, fur, and honey. 2. Semi -permanent crops such as trees or grapes with a longer growing cycle. 43. Up to 50% of the lot area in RR may be used for growing. B. This term does not include the use of land as a commercial feed -lot or for processing any agricultural product. AGRICULTURAL USE (LIVESTOCK) A. The use of land for the raising of livestock for commercial purposes including dairy and beef cattle, goats, sheep, swine, donkeys, llamas, alpacas, and turkeys and production of livestock products limited to milk, butter, cheese, eggs, soap, and hair. 4.B. This term does not include the use of land as a slaughterhouse or for meat processing, commercial feedlot, or for processing any agricultural product. AGRICULTURAL USE (POULTRY AND BEES) A. The use of land for the raising of poultry and bees per City Code Section 130.04 I. and limited production of products such as eggs and honey. B. Up to 50% of the lot area in the RR zoning district may be used for the raising and keeping of poultry and bees. 4.C. This term does not include the use of land as a commercial feedlot, slaughterhouse, meat processing or for processing any agricultural product including meat. SEASONAL SALES STANDS. An open-air facility which sells seasonal products directly to customers on site this products include, but are not limited to, produce, fireworks, trees, or other seasonal goods. 1 68 Section 2. Section 151.007 K of the Shakopee City Code is amended to remove the strikethrough text and add the underlined text as follows: 151.007 K Table of Uses RESIDENTIAL ZONES A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers in superscript indicate additional conditions for approval of use. These conditions are found in City Code § 151.007 K USE CLASSIFICATION (proposed) AG RR SRR R1A R1B R1C R2 PRD R3 R4 PO Agricultural Uses (Crops) P A Agricultural Uses (Poultry and P AA A A A A Bees) Agricultural Uses (Livestock) P Seasonal Scales Sstands4 ° P A Seasonal sales stands when the principal use of the property is agricultural441 P A COMMERCIAL AND INDUSTRIAL DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers in superscript indicate additional conditions for approval of use. These conditions are found in City Code § 151.007 K USE CLASSIFICATION (proposed) B-1 B-2 B-3 NC MR CC I-1 I-2 BP Seasonal sales stand of farm A A A A A A produced items such as fruits, vegetables and Christmas trees with prior review and written approval from the Zoning Administrator his her or or designee46 Seasonal Ssales Sstands of non- A A A A A farm produced items46 46. Seasonal Sales of Farm or Non -Farm Produced Items such as fruits, vegetables, and Christmas trees. a. Only 2 permits shall be allowed per year, per site. These permits shall not be issued within 3 months of each other if issued to the same organization/user; b. Property owner's signature is required; 2 69 c. Operation of the seasonal sale shall not exceed 90 calendar days in length; d. The seasonal sales use must meet parking setbacks established by this code of ordinances; e. Seasonal sales use cannot inhabit any parking spaces required to meet the needs of the primary use on -site; f. Shall provide one off -site street customer parking space for each 250 square feet of seasonal sales display area; g. Shall submit a scalable drawing of the proposed site showing the dimensions of the area to be used for seasonal sales, the proximity to buildings, parking lots, right-of-way, or other such area, a description of any structure, implement, stand, display, prop, or other such items intended to be used for the sale of the seasonal items; h. Signage is not approved as part of the seasonal sales permit. All signage must comply with the sign regulations of this chapter (see § 151.185 through 151.197); i. Application for seasonal sales permits shall be made not less than 10 business days prior to the date(s) for which the activity is scheduled and no more than 90 days prior to the proposed commencement of activity; j. If the applicant is aggrieved by the decision made by city staff, they may file an appeal to the BOAA of the staffs determination within 10 days of staffs decision. Furthermore, if the applicant is aggrieved by the decision of the BOAA, within 10 days of the BOAA's decision, an appeal may be filed with the City Council. The City Council's determination shall be final. The appeal shall be in accordance with the approved procedures and fees adopted by the City Council; k. Staff may waive the fee for a seasonal sales permit application where the entire proceeds from the operation are given to charity or used for charitable purposes or are a fundraising effort for nonprofit groups. Documentation of nonprofit status shall be provided to the city prior to the approval of a fee waiver; 1. Seasonal sales permits shall require annual review. Approvals are not carried from year to year; m. Shall not impair traffic visibility and should not be located in the right-of-way or the sight triangle, as calculated by this code of ordinances; n. The seasonal sales use shall not impair the normal, safe, and effective operation of the permanent use on the same site; and o. The city reserves the right under this chapter to shut down a temporary/seasonal sales operation even after the granting of an approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section or other provision of this code of ordinances. 47. Seasonal Sales Stands. Seasonal Sales Stands when the principal use of the property is agricultural; and a. Any goods sold shall be the product of the specific farm or garden„ b. The stand shall be setback 15 feet from any street right-of-way_; and c. Adequate off-street parking facilities shall be provided in order to prevent a traffic hazard. mod. Signage shall be temporary and limited to 12 sq. ft., no permit required. 60. Seasonal Sales Stands in RR and AG a. Principal structure required prior to placement of a seasonal stand. b. Goods displayed and/or sold shall be items grown or produced on the subject property. 3 70 c. Maximum of 100 sq. ft. area or temporary structure allowed in the front yard outside of right-of-way from May 1 - October 31 with approved permit. d. Signage shall be temporary and limited to 4 sq. ft., no permit required. tee. Adequate off-street parking shall be provided. Section 3. Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the day of , 2025. Mayor of the City of Shakopee Attest: Richard Parsons, City Clerk 4 71 Official Summary of Ordinance O2025-017 The following is the official summary of Ordinance O2025-017 Approved by the City Council of the City of Shakopee, Minnesota on July 15, 2025 AN ORDINANCE OF THE CITY OF SHAKOPEE MINNESOTA AMENDING THE SHAKOPEE CITY CODE TO ALLOW AGRICULTURE USES IN RESIDENTIAL ZONING DISTRICTS AND SEASONAL SALES STANDS 1. The ordinance amends the City Code by removing the strikethrough text and adding the underlined text in Section 151.002 and 151.007 K related to agricultural uses in residential zoning districts and seasonal sales stands. 2. The ordinance creates new definitions for "Agricultural Use (Crops)", "Agricultural Use (Poultry and Bees)", "Agricultural Use (Livestock)" in 151.002. 3. The ordinance Adds the above referenced uses in the Table of Uses in 151.007 K. as follows: • Agricultural Uses (Crops), Agricultural Uses (Poultry and Bees), Seasonal Sales Stands, and Seasonal Sales Stands when the principal use of the property is agricultural as Accessory (A) uses in Rural Residential (RR). • Agricultural Uses (Crops), Agricultural Uses (Livestock), Agricultural Uses (Poultry and Bees), and Seasonal Sales Stands when the principal use of the property is agricultural as Permitted (P) uses in the Agricultural Preservation (AG) zoning district. 4. The ordinance clarifies Seasonal Sales Stand requirements for farm produced and non- farm produced items in the Commercial and Industrial Districts. 5. The ordinance creates conditions for Seasonal Sales Stands in RR and AG. 6. The ordinance will be effective upon publication. A printed copy of the ordinance is available for inspection by any person during the City's regular office hours or on the City's website. 72 PIDilial SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 8.d July 15, 2025 County Highway 17 Expansion Project Presentation - Scott County Alex Jordan, City Engineer Action to be considered: None - Discussion Only. Motion Type: Informational only Background: Scott County Transportation staff will provide an update on the County Highway (CH) 17 Expansion Project, including changes made to the preliminary layout following the public open house. The project includes reconstruction of CH 17 to a 4 -lane divided rural roadway with pedestrian trails along both sides of the roadway from 160th Street to CH 42. Intersection improvements (multi -lane roundabouts) are proposed at the intersections with CH 82 and CH 14. Access restrictions are proposed at driveways and local roadway connections with CH 17, including at Marcia Lane, Norton Drive and Eaglewood Lane. Scott County is requesting approval of the preliminary layout from the partner agencies (Cities of Shakopee and Prior Lake) prior to proceeding with final design and right-of-way acquisition. Recommendation: None. Budget Impact: Scott County's 2025-2029 Capital Improvement Plan includes $1,015,000 from the City of Shakopee in FY2027 for its share of the overall project costs. Attachments: CH_17-Project_Update_ShakoCC_vl .pdf 73 tan C a) Ca) C 0 U a) a) O_ o - N O _ 0 U z 0 O U) w 0 L N‘t v� � V U, N C i C bA zc C� 'O 0 (-0 to N U s Q Q C (/) cc$ co ' i E Q 0 co 1 U cd 'L CO 0_ • • C') L O O I I U • N N o E N a- O N N (Id Q > 0- 0 U O O- a) > o_ .O _ C U M 0_ • • • N N U • 0 O w w (I) O • � V1 • O cyg (• 55 ca 03 .N QJ s c E a V 0 0 N 0 0 y-+ V Cl) Scott County Comprehensive Plan N- r- I� C� C 4--7 O rd N (1) > U 1- U N tancD (1)c�� cdO-'(E(Id -o tant- •-CD L • • ■ Segment identification ■ Address needs thru 2030 ■ Plan/Preserve post -2030 z 0 U) O w U_ O LO Og B rn l0 I gam r' ar -o a) cd a) O ttS 0 c_ so —0 O 'L L b L O U E_.(L),_ N ce > a) ' n E 4__J C U>1 I -a (1) U >a O. W3 0_ rd cd -t ° v)o c a --J -C E E b,A c U to a-�+ , L rd a--; N t_n td 0p c -c U� c�U x c• a) cd L.) a) 0 cd O O C< o cd a --J U U a) V � O � � o rd -a -a a) C _ E • 1 c t U r •— CL .� � c O c CI .— •L = . to Cr) a o � -a o -c t� -O -0 0 -O U o •— a ccd U I— I_ cd " 4- Li_j L rl v O . a_ -0 O� Q _ O U aU a) -p cd V � 2 U 'moo a a) O 0 " -1bO 0U °-�� �•N >1 0 a) cd - cd -0 I 0.,- I U� z -o -(Y) U I c O c • . 0 0 w (I) O • � V1 E..,O (• 55 cyg ,_l C 00 Approved 2009 Corridor Study Stakeholder Resolutions of Support - 2008/2009 O U O ■ ■ ■ ■ ■ ■ z 0 U) O U) w U w O LO Oz C U) -I -J C a) E O bun Li sos cll rd s_ CD •— N Td (N dC O -0 ) 4J • 17 .- = 0 �1- O >t \ ' < O U �O Td a) (N `' 6 o c Ccd1- 00 (D� '17c� �o N E E -o 0 a) rd c M l'i+ J to L c- O , O ct a) O 5 E l> v) taD -ICS ° :a (C2 0 t CI (1) +-) a--; N1_ a) p_a a) L L' Q> 0 < 0 —O V) a--) o U -aE o 45 E 2 5 o�� CD 17 c U C m -0 :CS i a) ._ v., p N U a) ��' O O 'U o E a) O U V c a) a) Dv) cu E a) U bun > C C al OL c ' )_co 0 U a) Q +� '-, b.A a) -' Lrd O2 U N v) • C O1 U CD . O L eL .0 eL N V 0 a) 046 a) C I U I U LO I U 0 00 I U -CH 17 toCH83 Q E cc z LO I H 0 LO I U z 0 U) LJ w U 0 � V1 • O (• 55 O g C CH 17 Project Scope Design a safe, mobility corridor consistent with the corridor study as a Principal Arterial a--+ U N O O_ N N .N a--+ bA E • Development slower that 2009 forecast Future traffic decreased for the 2030-2040 range . . Design for acceptable LOS thru 2045 N a--+ C N C 0 0- E O U a--+ U N O O_ • 4 -lane divided highway Improvements at major intersections - CH 82, CH 14 co • U ifs c- o t) Z 1 O O N co w I U) C 0 U N U) N C i co C 0 U N U) C co t, 'CD U tV) C 0 cci C N E co C co E 0 0 N U Q . . Trails and pedestrian crossing locations Local road connections to support Principal Arterial Construction in 2027 CO rn CO LO r z O U) O U) w U_ w U) g LO •t- __ Future Grade Separated Vision Roundabout with Bypass Lane N CD 1 Future Grade Separated Vision Roundabout with Bypass Lane 1 J To be added during construction Traits and Paths U) EL - Us-$ :i,i N N glm O 4-1 00 4--J V (1) a) C • O (I) T) V � Spring 2027 CD 0 LL Summer 2025 LAI 0 C c) Construction z O U) O w U_ w 0 � V1 Lo O� B U, rn N N L11 0 N - O N N +-,-O U- 4-) U O I N U O a) 'ff (-,,, 0_ >4 Q 0 +-J cn .b�0 -oU rd C > o C LE a H. boo ( U O Z .�•� CU 0 N J ft 17 (I) E N -O U w c O- C u) 5 U O . N C cd -O a) .o +-, 0 Q O O Cl) �LU L .b.0 17 C E L ▪ U c— zp Q -a " � r o0 o_a O� 071 O .2°o.� �� Cd �, -a C o F LE M >, cd ° Ec ED au V� c�3 I- ▪ • - C '> m C 2 8 (r)_ Lszi/3 o U OUJDO },U0_Oc C A cr) N U C O U a) U N C00 C O O U 'bu0*+-' N C Cd 00 .Cw OIO� �71- E C N .C O O in U H On U N C M O LD • 00 'b O c 0n 0 71- � • N H O� co.scott.nnn.us co.scott.nnn.us O O U) w U P O O V • O (• 55 cyg cl C SHAKOPE E Piliall Shakopee City Council 9.a July 15, 2025 Agenda Item: City Bill List Prepared by: Becky Smith, Accounting Specialist Reviewed by: Action to be considered: Review of City Bill List Motion Type: Informational only Background: The City Bill has been provided to the City Council. Recommendation: Review of City Bill List Budget Impact: N/A Attachments: 97 WILLA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee City Council 9.b July 15, 2025 News and Announcements Rick Parsons Action to be considered: No action, item is informational only. Motion Type: Informational only Background: Announcements and Upcoming Events: - Register for Night to Unite • This is an annual summer tradition all about building relationships between residents and public safety agencies like the Shakopee Police and Fire Departments. Whether it's a backyard BBQ, a block party, or a simple chat in the front yard, the goal is to bring people together and strengthen our community bonds. Register your party at www.ShakopeeMN.gov/nighttounite from June 2 - July 21. When registering, you can request a visit from police officers, firefighters, and other city representatives. - Huber Park Performance Series • The Huber Park Performance & Event Series includes free music and entertainment Thursdays, June through August, at Huber Park. The event runs from 7:00 - 9:00 pm. No registration is required. Bring a chair or a blanket to sit on! - Rhythm on the Rails • The Rhythm on the Rails concert series takes place on Wednesdays from 6:00 - 9:00 pm in Downtown Shakopee. Rhythm on the Rails is a free six -week outdoor concert series running from June 18 through the first week of August. - Annual Street Project Reminder • Information on annual street projects, such as sealcoating and pavement rejuvenation, can be found on the City's website at www.engage.ShakopeeMN.gov. 98 Recommendation: Please review the information on upcoming news and announcements. Budget Impact: N/A. Attachments: 99