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HomeMy WebLinkAboutJuly 15, 2025 - Council Packet2 3 4 5 6 CERTIFICATE OF COMPLETION CONTRACT NO(S): SEWER-24-001DATE: July15, 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 abovenamed Contractor. ________________________________________ Professional Engineer 7 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 th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 day of July 2025. ____________________________________ Mayor of the City of Shakopee ATTEST: ______________________________ City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 8 9 21 22 23 24 25 26 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. th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 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 27 28 29 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. th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 day of July 2025. ____________________________________ Mayor of the City of Shakopee ATTEST: ______________________________ City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 2: 31 32 June 16, 2025 Honorable Mayor and Council City of Shakopee Shakopee, Minnesota The following sets forth the engagement of our services for the certified audit of the accounts of the City ofShakopee, Minnesota (the City). We will audit the financial statements of the City for the years ending December 31, 2025and 2026in 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 judgmentabout 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 byerror 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 years2025 and 2026. YearCity Audit 2025$45,500 202647,500 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 managementcommunication letter,the AuditorsReport on Minnesota Legal Compliance,theauditor presentation to the Council, and general consulting related to the audit. 33 June 16, 2025 Page 2 GovernmentAuditing 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 2023peer 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- 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: 34 35 36 37 38 PW Years of Service START EMPLOYEE EMPLOY Current Years of Service NAME DATE 05/08/8540 HEYDA, GLENN L 03/22/9332 EGAN, WILLIAM R 04/26/9332 WECKMAN, KEITH R 04/21/9728 BISEK, DEAN J 09/29/9727 FRASSEL, MICHAEL T 04/12/9926 SCHUMACHER, TODD 03/22/0025 FRIENDSHUH, JESSE J 07/10/0024 HENNES, KEVIN T 09/25/0024 RAINES, KEITH M 11/24/0321 THEIS, JAMISON B 09/27/0420 GIESEKE, ROBERT C 09/27/0420 THEIS, BRIAN E 12/13/0420 BLOM, SCOTT L 05/07/0718 RUX, KELLY M 05/07/0718 BONINE, CHAD B 06/09/1411 SCHEFFLER, JUSTIN 06/09/1411 LACOURSE, LOGAN H 03/23/1510 KAHLE, TODD M 04/15/196 SCHMIDT, TERRY J 08/26/195 LOWY, CHARLES J 04/06/205 THEIS, KYLE 04/06/205 HELLER, JARETT 08/10/213 REED, CHRISTOPHER 11/22/213 KRAEMER, BARBARA J 01/03/232 RUEHLING, MATT 05/22/232 SCHMIDT, CHAD 06/20/231 SCHMIDT, JAKE 12/11/231 PETERSON, KEVIN 01/06/250 TIETZ, JOHN 06/02/250 SHIMOTA, JOE STREET PARKS FLEET H:\\Administration\\Management\\Employees\\Celebrations\\PW Years of Service Updated:07/15/25 39 3: 41 42 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 th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 day of July 2025. ____________________________________ Mayor of the City of Shakopee ATTEST: ______________________________ City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 43 44 45 Tiblpqff!Dibncfs!pg!Dpnnfsdf 256!2tu!Bwfovf!Fbtu 431.473.1121!)dfmm* Bvhvtu!21-!3136 Tvoebz 22!bn!5!qn Epxoupxo!Epht! Epxoupxo!Epht!jt!b!dpnnvojuz!fwfou!eftjhofe!up!csjoh!mpdbm!cvtjofttft!uphfuifs!jo!dfmfcsbujpo!pg!pvs!gpvs.mfhhfe!gsjfoet"!Uif!fwfou!xjmm!gfbuvsf! wfoepst!gpdvtfe!po!epht!boe!qfut-!pggfsjoh!qspevdut-!tfswjdft-!boe!sftpvsdft!uibu!foibodf!uif!mjwft!pg!epht!boe!uifjs!pxofst/!XfÉsf!bmtp!qbsuofsjoh!xjui! dpnnvojuz!pshboj{bujpot!boe!sftpvsdft!uibu!ifmq!ivnbot!dsfbuf!ibqqjfs-!ifbmuijfs!mjwft!gps!uifjs!qfut/ B!ijhimjhiu!pg!uif!fwfou!xjmm!cf!uif!Tipx!Ufou-!xifsf!buufoefft!dbo!fokpz!b!gvo!boe!gftujwf!eph!gbtijpo!tipx!boe!ublf!qbsu!jo!fevdbujpobm!tfttjpot! tdifevmfe!uispvhipvu!uif!ebz!po!upqjdt!tvdi!bt!qfu!dbsf-!usbjojoh-!boe!ifbmui/ Epxoupxo!Epht!qspnjtft!up!cf!b!wjcsbou-!gbnjmz.gsjfoemz!fwfou!uibu!tvqqpsut!mpdbm!cvtjofttft!xijmf!dfmfcsbujoh!uif!jnqpsubou!spmf!epht!qmbz!jo!pvs!mjwft/ 7!hbscbhf!0!sfdzdmjoh 7024036 46 48 49 4: 51 52 53 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 grant, th previously approved via Resolution R2025-078 on 20 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 54 55 56 57 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. th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 day of July 2025. ____________________________________ Mayor of the City of Shakopee ATTEST: ______________________________ City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 58 59 Tiblpqff!Dibncfs!pg!Dpnnfsdf 256!2tu!Bwfovf!Fbtu 431.473.1121!)dfmm* 6;11!QN:;11!qn Sizuin!po!uif!Sbjmt!.!Dpodfsu!Tfsjft Sizuin!po!uif!Sbjmt!jt!b!gsff!tjy.xffl!dpodfsu!tfsjft!uibu!ibqqfot!po!Xfeoftebzt!jo!Epxoupxo!Tiblpqff!po!Mfxjt!Tusffu/!Uijt!jt!b! sftdifevmfe!ebuf!gspn!pvs!sbjofe!pvu!dpodfsu!po!Kvof!36 hbscbhf!'!sfdzdmjoh!dbot 5: 61 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 th changed to August 6, 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. th Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 15 day of July 2025. ____________________________________ Mayor of the City of Shakopee ATTEST: ______________________________ City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 62 63 64 65 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 Aagricultural 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 . 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 66 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, that 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 easement 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 are 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. 3. 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. 4.7.Fences greater than 7 feet in height shall meet the requirements of the State Building Code. C. Fence placement requirements. 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 67 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 y 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. C.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. 2.1.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. 4. All fences, with the exception of garden fences, shall not be located within a city easement 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 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 5. Payment of a fence permit fee, , 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. 68 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. 6. A building/demolition permit application for a building or structure that has been locally significant historic property must be referred to the HPAC for review. The 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 the proposed demolition of the building or structure; including, but not limited to, suggesting incorporating the existing building into a development proposed for the 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 45 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 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: 69 Richard Parsons, City Clerk 6: 71 72 73 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 are allowed on any parcel of land in the Max Hen Chickens Max Coop Size Max Run Size 1 74 5 50 sq. ft. 100 sq. ft. 1.2. 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. 2.4. 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. 5.7. A chickenpoultry coop or run cannot be located in the front or side yard. 6.8. 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. 8.10. 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. 10.12. Chicken Poultry grains and feed must be stored in rodent-proof containers. 11.13. 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. 12.14. 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. I. 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 75 Attest: Richard Parsons, City Clerk 3 76 77 78 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 TheCity 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. 4.3. 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. A.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. A.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 79 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 AG RR SRR R1A R1B R1C R2 PRD R3 R4 PO (proposed) Agricultural Uses (Crops) P A Agricultural Uses (Poultry and P A A A A A A A Bees) Agricultural Uses (Livestock) P 4560 Seasonal Ssales Sstands P A Seasonal sales stands when the P A principal use of the property is 467 agricultural 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 B-1 B-2 B-3 NC MR CC I-1 I-2 BP (proposed) 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 or his or her 46 designee Seasonal Ssales Sstands of non-A A A A A 46 farm produced items 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 7: 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 staff's determination within 10 days of staff's 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; l. 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. c.d. 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 81 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. a.e. 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 82 83 84 :8 :9