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HomeMy WebLinkAboutMay 05, 2020F E. Shakopee City Council May 5, 2020 7:00 PM City Hall, 485 Gorman St. Vision: Shakopee is a place where people want to be! A distinctive river town, with a multitude of business, cultural and recreational opportunities in a safe, welcoming and attractive environment for residents and visitors. Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. Key strategies: 1. Financial stability 2. Enhancing community strengths 3. Effective public services 4. Communication Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *4. A.1. *City Council Minutes *4. A.2. *2020 Union Contracts *4. A.3. *Set the Sale of Tax Increment Revenue Bonds, Series 2020A *4. A.4. *Liquor License Fee Relief B. Planning and Development *4. B.1. *Summerplace Environmental Assessment Worksheet (EAW) Update C. Public Works and Engineering *4. C.1. *2018 Trail Rehabilitation & Trail Overlay Projects Page 1 of 276 *4. C.2. *Scott County, Canterbury and City of Shakopee Agreement for Canterbury Commons Public Infrastructure Easement Acquisition *4. C.3. *CSAH 42 Construction Cooperative Agreement 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings 7.A. Issuance of Conduit Bonds - St. Francis Regional Medical Center 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. Reports 10.ACity Bill List 10.B.Liaison & Administration Reports 11. Other Business 12. Adjournment to Tuesday, May 19, 2020 at 7 p.m. Page 2 of 276 *4.A.1. Shakopee City Council May 5, 2020 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council meeting minutes from April 21, 2020. Policy/Action Requested: Approve the meeting minutes of April 21, 2020. Recommendation: Approve the above action. Discussion: Budget Impact: ATTACHMENTS: a April 21, 2020 Page 3 of 276 Shakopee City Council Minutes April 21, 2020 7:00 PM City Hall, 485 Gorman St. Mayor Bill Mars presiding 1. Ro11 Ca11 Present: Mayor Bill Mars Present by Video: Councilmembers Jody Brennan, Matt Lehman, Jay Whiting, Angelica Contreras Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Nate Burkett, Planning/Development Director Michael Kerski, Finance Director Nate Reinhardt StaffPre sent by Video: City Engineer/Public Works Director Steve Lillehaug, City Attorney Jim Thomson 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Matt Lehmanmade a motion to approve the agenda, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items fromthe consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Lehman removed item 4.C.4. for further discussion Councilmember Matt Lehman made a motion to approve the modified consent agenda, seconded by Councilmember Jody Brennan and the motion pas sed. 5-0 A. Administration *4. A.1. *City Council Minutes Page 4 of 276 Approve the meeting minutes ofApril 7, 2020. (Motionwas carried under consent agenda.) B. Planning and Development *4. B.1. * Set Public Hearing for Vacation of Public Drainage and Utility Easements as dedicated within Lot 1, Block 1, and Outlot B, Canterbury Park Seventh Addition Approve ResolutionNo. R2020-051, a resolution setting the public hearing date to consider the vacation ofpublic drainage and utility easements as dedicated within Lot 1, Block 1, and Outlot B, CANTERBURY PARK SEVENTH ADDITION, located along Shenandoah Drive and Barensheer (private drive) within the Canterbury Park development. (Motion was carried under consent agenda.) *4. B .2. * Set Public Hearing for Vacation of Public Drainage andUtility Easements - Friendship Church Approve ResolutionNo. R2020-052, a resolution setting the public hearing date to consider the vacation ofpublic drainage and utility easements as dedicated within Lot 1, Block 1, FRIENDSHIP CHURCH, located at the northwest corner of CSAH 78 and west of Marystown Road (CSAH 15). (Motionwas carried under consent agenda.) C. Public Works and Engineering *4. C.1. *2019 Pavement Mill and Overlay Approve Resolution R2020-043, accepting work on the 2019 Pavement Milland Overlay Project CIF-19-002 and authorizing final payment in the amount of $23,672.46. (Motion was carried under consent agenda.) *4. C.2. *Drainage and Utility Easement Encroachment Agreement Approve drainage and utility encroachment agreement for 1301 Meadow Ct (PID 274550040). (Motion was carried under consent agenda.) *4. C.3. *Reroute Stormwater to Protect Historic Sites Project Adopt ResolutionR2020-054, awarding a contract in the amount of $788,870.76 to Ryan Contracting Co., for the Reroute Stormwater to Protect Historic Sites Project Storm-19- 003. (Motion was carried under consent agenda.) *4. C.4. *Unbridled Avenue Councilmember Jay Whiting made a motion to adopt Resolution R2020-053, awarding a contract in the amount of $6,212,461.82 to Geislinger & Sons, Inc., for the Page $ of 276 12th Avenue Reconstruction Project CIF-20-014, seconded by Councilmember Angelica Contreras and the motion passed. 4-1 Nays: Lehman *4. C.S. *Unbridled Avenue - Professional Services Agreement Authorize the execution of a professional services agreement with SRF Consulting Group, Inc., for construction services in the amount of $668,167 for the Unbridled Avenue Project CIF-20-014. (Motion was carried under consent agenda.) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the numberofpersons seeking to comment. This comment periodmay not be used to make personal attacks, to airpersonality grievances, to make political endorsements or forpolitical campaignpurposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This periodwillnotbe used to problem solve issues orto reactto the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time See item4.C.4. 7. Recess for Economic Development AuthorityMeeting Councilmember Matt Lehman made a motion to recess to the Economic Development Authority meeting, seconded by Councilmember Angelica Contreras and the motion passed. 5 - 0 8. Reconvene 9. General Business A. Administration 9. A.1. Monthly Financial Review- March 2020 Informational only B. Planning and Development 9. B.1. Resolution to Modify San Mar District Councilmember Jay Whiting made a motion to approve Resolution No. R2020-05 8 to approve the removal of parcel from Tax Increment Financing District No. 14 with the Minnesota River Valley Housing and Redevelopment Proj ect No. 1, seconded by Councilmember Jody Brennan and the motion passed. Page 6 of 476 4-1 Nays: Lehman 9. B.2. Amend the Canterbury Redevelopment TIF District Councilmember Jody Brennanmade a motion to adopt ResolutionNo. R2020-056 approving a modification to the Tax Increment Financing Plan for Tax Increment FinancingDistrictNo. 1 8, seconded by CouncilmemberAngelica Contreras and the motion passed. 4-1 Nays: Lehman 9. B.3. Amend Contract for Private Development with Canterbury Commons/Canterbury Park Councilmemb erAngelica Contreras made a motionto approve ResolutionNo. R2020-057 approving and Amendment to the Contract for Private Redevelopment with the Economic Development Authority for the City of Shakopee, Minnesota, Canterbury Development LLC and Canterbury Park Holding Corporation., seconded by Councilmember Jody Brennan and the motion passed. 4-1 Nays: Lehman 10. Reports 10.A. City Bill List 10.B. Liaison &Administration Reports 11. Other Business 12. Adjournment to Tuesday, May 5, 2020 at 7 p.m. Councilmember Jody Brennan made a motion to adj oum to May 5, 2020 at 7:00 p.m., seconded by Councilmember Matt Lehman and the motionpassed. 5-0 Page 4 of 476 *4.A.2. Shakopee City Council May 5, 2020 FROM: William Reynolds, City Administrator TO: Mayor and Council Members Subject: 2020 Union Contracts for Public Works, Police Patrol and Police Sergeants. Policy/Action Requested: Approve contracts for 2020 with Teamsters Local 320 - Public Works, Law Enforcement Labor Services - Police Patrol, and Law Enforcement Labor Services - Police Sergeants and authorize execution Recommendation: Approve contracts. Discussion: Administration has negotiated one year contracts for 2020 with the city's three labor unions. We understand that it may seem strange to approve labor contracts with a 3% wage increase at this time, with economic downturn and likely recession upon us. However, this contract is in alignment with the wage increases granted in December 2019 to non -union staff. We are fortunate that we are able to provide for this planned and budgeted wage adjustment for 2020 as we head in to an uncertain future. The city's finances are strong and we are in an exceptional financial position compared to many others. Agreeing to this contract sets the stage for us to maintain our strength and stability going forward in to economic uncertainty. Many other organizations will be in much more difficult positions in the coming year, because they have longer contracts with wage increases in 2021 and 2022 already agreed to. In Shakopee our labor unions have seen that challenges are forthcoming and have agreed to shorter contracts so that we may work together to ensure we are delivering cost effective, efficient services going in to the future. The 2020 budget includes funding for these wage increases, but the 2021 budget is unlikely to have similar flexibility. This is why administration altered course and modified all of our offers to only include the year 2020. Negotiations for 2021 will begin in the fall, when we Page 8 of 276 have a greater understanding of the economic impact of COVID-19, and a better view on the challenges and priorities going forward. Budget Impact: Budgeted ATTACHMENTS: • 2020 Union Contracts Changes Summary o Public Works - Teamsters • Police Patrol - LELS • Police Sergeants - LELS Page 9 of 276 20200409 Summary of 2020 Union Contract Terms City of Shakopee, MN Item Description Explanation, if necessary 1 Term — one year 01/01/2020 — 12/31/2020 Wages - 3% increase fmfmmmmmm Item Description The Council granted non -union staff were granted a 3% wage increase for 2020 in December of 2019. This increase keeps union and non -union wages comparable in accordance with past practice. Wage increases take effect retroactively to 1/6/2020 - consistent with non -union. Explanation, if necessary Removal of `Mechanic Apprentice' from Article 3 2.1 This position no longer exists Language changes to Article 3.10 — Seasonal 4 & Temporary To clarify and align with state law Removal of previous Article 15.5 — which discussed an unpaid suspension prior to 5 discharge Unnecessary remnant from prior contracts Increase to annual boot allowance from $175 6 to $200 Allows employees to receive boot allowance Remove language requiring waiting period for immediately upon hire to ensure compliance with 7 new employees to receive boot allowance safety practices Remove 'Lead Maintenance Operator" from Position no longer exists - modified to non -union 8 pay schedule foreman Cost savings to the city (minimal), decreases Changes to Health Care Savings Plan employer payroll taxes; does not increase total 9 Contribution Schedules compensation Modified all gender pronouns to make them 10 neutral Align with best practices Corrected numbering, deleted roman numberals and changed heading terms (i.e. 11 section/article) for consistency Clerical 1 Page 10 of 276 20200409 Summary of 2020 Union Contract Terms City of Shakopee, MN ice Po o Item Description Explanation, if necessary Article 22.1 Longevity: employees may make a one-time switch from longevity to incentive 12 pay Allows employees to transition to performance pay from longevity in keeping with the city's long term goal to have all on performance based pay Article 24.2 under vacations; language was added to clarify 'completed' years of service 13 for purposes of defining accumulations Clerical, no impact on current practice Article 30 Field Training Officers: increased to minimum 2 hours of pay for each shift worked 14 as FTO Language in Appendix A related to SRO 15 assignment and pay clarified Clarifies SRO assignment pay is for the school year worked as SRO, not the calendar year mm Language added in Appendix B to define what the current practice has been for 16 changing incentive pay amounts Clerical, no impact on current practice 1111 1111 101 Item Description Explanation, if necessary Increase to annual uniform allowance from 16 $900 to $925 Performance Pay, Education and Training, 17 Continuing Education +$10/mo Performance Pay, Community Service 18 +$5/mo Performance Pay, Fitness; Cardio, Core and Upper Body, 80th Percentile Category +$5/mo No increase to 50th Percentile performance pay for 19 each fitness categories Added NEW Performance Pay; Fitness, Cardio, Core and Upper Body 90th Percentile 20 category +$20/mo each New category above 80% 2000 meter row added as acceptable 21 standard for cardio 2 Page 11 of 276 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, 2020— December 31, 2020 1 Page 12 of 276 INDEX ARTICLE SUBJECT PAGE Article 1 PURPOSE OF AGREEMENT 3 Article 2 RECOGNITION 3 Article 3 DEFINITIONS 3 Article 4 EMPLOYER SECURITY 4 Article 5 EMPLOYER AUTHORITY 4 Article 6 EMPLOYEE RIGHTS - GRIEVANCE 5 Article 7 UNION SECURITY 6 Article 8 SAVINGS CLAUSE 6 Article 9 WORK SCHEDULE 7 Article 10 OVERTIME 7 Article 11 CALL BACK 8 Article 12 EARLY CALL -IN PAY 8 Article 13 LEGAL DEFENSE 8 Article 14 SUBCONTRACTING WORK 8 Article 15 DISCIPLINE 8 Article 16 SENIORITY 9 Article 17 PROBATIONARY PERIODS 9 Article 18 SAFETY 9 Article 19 JOB POSTING 10 Article 20 INSURANCE 10 Article 21 HOLIDAYS 10 Article 22 VACATIONS 11 Article 23 SICK LEAVE 11 Article 24 FUNERAL LEAVE 11 Article 25 SEVERANCE PAY 11 Article 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 12 Article 27 INJURY ON DUTY 12 Article 28 COVERALLS/UNIFORMS/FOOTWEAR 12 Article 29 REPLACEMENT 12 Article 30 REQUIRED LICENSES 12 Article 31 WAGES 13 Article 32 LICENSE/CERTIFICATION PAY 13 Article 33 RESPONSE TIME REQUIREMENT 13 Article 34 WAIVER 14 Article 35 MEET AND CONFER 14 Article 36 DURATION 14 APPENDIX A SALARY SCHEDULE 15 APPENDIX B LICENSURE & CERTIFICATION PAY 16 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 17 2 Page 13 of 276 ARTICLE 1. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Operator ARTICLE 3. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Any employee working more than 40 hours in a seven-day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time compensated shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time that is taken without pay. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper 3 Page 14 of 276 performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. 3.10 SEASONAL & TEMPORARY EMPLOYEES: Employees hired on a temporary or seasonal basis for the department, may work in this capacity according to Minn. Stat. § 179A.03, subd. 14. Employees employed by the City on a temporary or seasonal basis will be paid at the rate determined by the Employer for the term of their employment, according to the most current temporary and seasonal pay plan and provided it does not exceed the wage of any current bargaining unit member. Temporary and seasonal employees shall not be eligible for any benefits under this labor agreement between the employer and the union, except those which may be required by law. ARTICLE 4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have their appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from their Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as they may have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which they engaged in a strike. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. 5.3 The Employer will meet and confer with the Union over policy changes. In addition, the City will form a Labor/Management Committee to facilitate open communication and cooperation between the city and our unions. ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 4 Page 15 of 276 6.2 Union Representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Article 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Article 6.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 2 representative. The Employer -designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer -designated representative's final Step 2 answer shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 3 representative. The Employer -designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer -designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority 5 Page 16 of 276 A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. ARTICLE 7. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. 6 Page 17 of 276 ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal schedule of 6:30 AM to 2:30 PM. The Employer will give two weeks' advance notice to the employees affected by the permanent establishment of workdays different from the employee's normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, the employer is expected to communicate potential upcoming changes to normal work shifts with as much advance notice as possible. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent them from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. ARTICLE 10. OVERTIME 10.1 Overtime, as defined in Article 3.7, will be compensated at the rate of time and one-half (1 1/2) the employee's base rate of pay. Employees will have their choice of cash or compensatory time off. 10.2 Overtime shall be distributed as equally as practicable using a rotating overtime call list. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Overtime will be offered to seasonal employees only if full-time employees are contacted and do not want it. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Employees may maintain a balance of no more than eighty 80 hours of comp time at any one time during the payroll year. Employees may carryover up to 40 hours of accumulated comp time, as of July 31st of each year. Any hours of accumulated comp time in excess of 40 hours will be converted into cash, and paid to the employee or deposited in the employee's Post Employment Health Care Savings Plan. The schedule in Appendix C will be used to determine whether the money is paid to the employee or deposited in their HCSP. The conversion will take place once a year on the pay date in August of each year. 10.5 In all possible scenarios (which could include planned, unplanned, emergency, etc.) hours in addition to regularly scheduled shifts will be offered to full-time bargaining unit members by using the following process: Inter -department: The additional hours will first be offered within the department normally functionally responsible for the task needing completion based upon the lowest amount of worked overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets and Shops) Other departments: Should the employer still need volunteers, the additional hours will next be offered outside the department normally functionally responsible for the task needing completion based upon the 7 Page 18 of 276 lowest amount of working overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets and Shops) Refusal: Should an employee refuse to work the additional hours, they will be charged with two (2) refused hours that will accumulate the same as and will be considered equal to two (2) hours of overtime for future callout purposes. Seniority Commencement: Effective January 1st of each year, the list of additional hours will zero out and start over based upon the seniority for the first request to work additional hours. ARTICLE 11. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time -off, as determined by the Employee. ARTICLE 12. EARLY CALL -IN PAY Employees shall receive an additional $4.25 per hour for all hours worked between midnight and 6:30 a.m. that have not been scheduled at least 48 hours in advance. ARTICLE 13. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non -observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 14. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. As an example, discipline can be in one or more of the following forms: a) oral reprimand or warning; b) written reprimand; c) transfer; d) suspension; e) demotion; or f) discharge. 15.2 Written reprimands, transfers, suspensions, demotions and discharges will be in written form. 15.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. Should discipline or coaching documents 8 Page 19 of 276 be placed in an employee's personnel file, the Employee and the Union will be notified. After two (2) years the document will sunset for progressive discipline purposes and will not be Public Data after the sunset. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 15.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 15.6 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article 6. ARTICLE 16. SENIORITY The City will work with an employee who has been promoted to a position within the City but outside of the bargaining unit, who later expresses a desire to return to the previous job within the bargaining unit, if a vacancy exists within that workplace. However, the right to return to the unit with benefits or seniority based on total time with the City shall expire after one (1) year. Seniority will be the determining criterion for transfers, promotions, lay-offs, and recalls, only when all other qualification factors are equal. Seniority shall be established based on each employee's length of continuous service in a position represented by the bargaining unit. Recall rights under this provision shall continue for 24 months after the lay-off occurs. Recalled employees shall have 10 working days after notification of recall by registered mail at the employee's last known address to report for work or forfeit all recall rights. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 17.2 All employees will serve a twelve (12) month probationary period in any classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. If any employee choses to return to their previous position, that employee shall have the right to return, for any reason, within the first twelve months of working in the new position. ARTICLE 18. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. Safety meetings will be held quarterly. ARTICLE 19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 9 Page 20 of 276 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 17 Probationary Periods. 19.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. INSURANCE Public Works employees shall receive contributions towards health insurance premiums equal to that of non- contract employees. In addition, the City shall provide life, long-term disability and dental insurance equal to that for non -contract employees. ARTICLE 21. HOLIDAYS The Employer will provide the following eleven (11) paid holidays: New Year's Day (Jan. 1) Veterans' Day (Nov. 11) Martin Luther King Day (3rd Monday in Jan.) Thanksgiving Day (4th Thursday in Nov.) President's Day (3rd Monday. in Feb.) Friday after Thanksgiving Memorial Day (Last Monday in May) Christmas Eve (Dec. 24) Independence Day (July 4) Christmas Day (Dec. 25) Labor Day (First Monday in Sept.) In addition to the above eleven paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. In calendar years during which December 24 and/or December 25 fall on a weekend, the Christmas Eve holiday shall be converted to a second floating holiday to be taken on a day of the employee's choice as approved by their supervisor. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half (1 1/2) times the employee's base pay, plus the employee's regular rate of pay for the holiday. ARTICLE 22. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 6 - 15 years of employment 16-20 years of employment 21 & over years of employment 10 days 15 days 20 days 1 additional day per year up to 25 days at 25 years 10 Page 21 of 276 Employees who have 0-15 years employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, they shall forfeit their right to all accumulated vacation leave. Between the observed holidays of Thanksgiving to Easter, the employer may limit absences from the work site. Four (4) bargaining unit members may be absent on any given day, unless management authorizes additional absences due to unusual circumstances or optional weather forecasts. ARTICLE 23. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month to a maximum of nine hundred and sixty (960) hours. The City shall keep track and notify employees who have not accrued the full amount of sick leave for the year (8 hours per month x 12 months = 96 hours) as a result of being at the 960 hour limit. Employees shall receive this notification by November 15th of each year. Those employees shall have the option to receive one (1) hour of pay, one (1) hour of vacation, one (1) hour paid into their HSA, one (1) hour into their deferred compensation account, or one (1) hour into the employee's Health Care Savings Plan (HCSP) for every three (3) hours of sick leave that they would have accrued had they not been at the limit. Such conversion shall be limited to 60 hours of sick leave and must be requested, in writing, by December 1st. The conversion shall be reflected in the final payroll of the year. Hours not requested to be converted shall be forfeited. Other provisions applicable to non -contract employees, as established by the City Administrator shall also be applicable. ARTICLE 24. FUNERAL LEAVE Funeral leave for immediate family not to exceed three (3) days will be allowed by the City. Such funeral leave shall not be chargeable to sick leave, but instead shall be a separate bereavement leave. If more than three (3) days are required, the Employee may choose to deduct the extra hours from either vacation leave, comp time, or accumulated sick leave. Funeral leave may be granted for the death of the spouse, death of any relative residing permanently with and dependent upon the employee, or death of any child, parent, sibling, grandparent, or grandchild of the employee or of the employee's spouse. ARTICLE 25. SEVERANCE PAY An employee who was a full time employee of the City before January 1st, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from their position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal forty-five percent the value of all accumulated sick leave calculated on the basis of his/her current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. ARTICLE 26. POST -EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay, severance pay and comp time buy back, as outlined in Appendix C. 11 Page 22 of 276 ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. ARTICLE 28. COVERALLS/UNIFORMS/FOOTWEAR 28.1 The City of Shakopee shall provide one (1) set of coveralls, one (1) winter coat, one (1) set of rain gear, high -visibility shirts, and other safety items as needed for each maintenance operator and mechanic, upon approval of the Public Works Superintendent. 28.2 For the duration of this agreement the City of Shakopee will pay 100% of the cost of weekly uniform rental with laundering for maintenance operators and mechanics for up to ten (10) items in, ten (10) items out, and two (2) on the shelf (being worn). Employees may choose a combination of pants, jeans, shorts, short sleeved shirts and long-sleeved shirts that will best meet their individual work needs. Employees are responsible to report any requests, changes, or errors to the Public Works Superintendent immediately. 28.3 The City of Shakopee shall provide up to $200 per year toward the purchase of work shoes, boots, or footwear accessories. An itemized receipt must be submitted in order to receive the reimbursement. Footwear purchased with these funds must meet OSHA and uniform policy requirements for the individual's regular job duties. If the desired shoe/boot/accessory costs more than the City's allowance, the employee shall be responsible for the difference. ARTICLE 29. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE 30. REQUIRED LICENSES The City will pay the difference between a standard driver's license, and CDL driver's license, with required endorsements at the time of renewal. ARTICLE 31. WAGES The wage rates to be paid shall be as shown in Appendix A. Employees will also receive a step increase on their anniversary date, provided the employee is not at the top step and there is movement on the scale. 31.1 Temporary Lead Assignment: Employees assigned by the Employer as a Temporary Lead shall be paid $1.50 per hour in addition to their base rate of pay for the hours worked in this position. Assignments shall be for a minimum period of 2 hours. The position shall be assigned at the sole discretion of the Employer. 31.2 Me Too: In the case that non -union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess what is provided for in this agreement, Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. 31.3 Re -opener: In the case that the City completes a general wage study, market study, organizational study, compensation study, classification study, or any other similar type of research during the time period 12 Page 23 of 276 covered by this contract, and that the study supports a wage change for employees covered in this contract, both the City and the Union shall agree to re -open this article and the corresponding Appendix for negotiation. ARTICLE 32. LICENSE / CERTIFICATION PAY The City of Shakopee and the Union recognize that education and training improve the quality of the workforce and the level of service provided to the public. Therefore, the City shall provide premium pay to those employees receiving specified licenses or certificates, as outlined in Appendix B. Premium pay is added to base pay after all other considerations are made. Any employee eligible for premium pay as a result of obtaining one of the specified licenses or certifications shall not be entitled to pyramid said payments in excess of $2.00 per hour. ARTICLE 33. RESPONSE TIME REQUIREMENT All employees hired after December 31st, 2013 will be required to reside within thirty (30) minutes (weather and traffic permitting) of the Public Works building by the end of their probationary period. If the employer and employee agree to modify the above timeline it must be in writing with a copy distributed to the City Administrator and the Union. ARTICLE 34. WAIVER 34.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 35. MEET AND CONFER The City and Union agree to meet and confer regarding items of concern (non-negotiable items) that are brought forth by the Union and the City. ARTICLE 36. DURATION This Agreement shall be effective as of January 1, 2020 and shall remain in full force and effect until December 31, 2020. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2020. 13 Page 24 of 276 FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Local 320 Representative City Administrator Union Steward City Clerk Union Steward 14 Page 25 of 276 APPENDIX A Maintenance Operator 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 01-06-2020 $23.68 $25.16 $26.64 $28.12 $29.60 Lead Maintenance Operator Single Step 3% increase -- 01-06-2020 $32.41 Mechanic 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 01-06-2020 $25.24 $26.82 $28.39 $29.97 $31.55 15 Page 26 of 276 APPENDIX B Licensure & Certification Pay The Employer shall provide the following premium pay to those employees receiving additional licensure or certification related to their position: I. Maintenance Operators A. Public Works Certificate - -American Public Works Association (APWA), Minnesota Chapter Public Works Certificate $0.75 / hour premium B. Waste Water Licensure - -Class SC Waste Water - -Class SB Waste Water C. Fertilizer/Chemical Applicator License D. Playground Inspector Certification II. Mechanic $0.25 / hour premium $0.50 / hour premium $0.50 / hour premium $0.50 / hour premium A. Mechanics Test Series $0.80 / hour premium --Successfully pass 8 tests in the (combined) Medium/Heavy Truck and Automotive Test Series, thereby attaining Master Mechanic status. City shall have final approval on qualifying licenses. B. DOT Inspector Certification $0.50 / hour premium Employees shall consult their supervisor prior to obtaining any of the above listed licenses or certifications, to determine whether the City has a need for additional employees with a particular license or certification. The City has sole authority to determine how many employees with a given license or certificate are needed for the successful operation of the Department and shall provide premium pay only to that number of employees. However, there shall be no limit on the number of Maintenance Operators that may obtain a Public Works Certificate and the resulting premium pay. If there are more employees interested in obtaining a license or certificate than the City has a need for, the individual(s) with the most seniority will be given the opportunity over other equally qualified candidates. However, once an employee has successfully obtained a given license or certificate and is regularly assigned to perform the related work, they cannot be bumped from that position and the corresponding premium pay by a more senior employee wishing to obtain the license or certificate and subsequent premium pay. In addition to successfully obtaining the license or certificate, the employee must be regularly assigned to work in an applicable position. "Regularly assigned" is defined as at least 6 months per year for item B and at least 3 months per year for C. ** See Article 32 for additional relevant terms. 16 Page 27 of 276 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR Teamsters, Local 320 MEMBERS Years of Service with the City of Shakopee Hire — 1 yr. Beginning 2 through 6 yrs. Beginning 7 through 15 yr. Beginning 16 thru 24 yr. Beginning 25th yr. + % of payroll contribution 0% 3% 4% 5% 6% City Contribution $35 per month $35 per month $35 per month $35 per month $35 per month End of Year Buy Back of Comp Time 0% 100% of hours in excess of 40 100% of hours in excess of 40 100% of hours in excess of 40 100% of hours in excess of 40 % of Severance Pay* NA NA 100% 100% 100% Accrued Vacation at the Time of Departure 0% 0% 100% 100% 100% Accelerated Sick Leave Payout NA NA NA 100% 100% Sick time accrued above the max cap (cash, HSA or HCSP NA NA 100% 100% 100% * Severance Pay as defined in the City of Shakopee Personnel Handbook 17 Page 28 of 276 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit -eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay -out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% 30 years 100% Anniversary date of full-time employment or part-time benefit -eligible date is used to compute years of service with Shakopee. 18 Page 29 of 276 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Officers Effective January 1, 2020 — December 31, 2020 Page 30 of 276 INDEX ARTICLE PAGE 1. PURPOSE OF AGREEMENT 4 2. RECOGNITION 4 3. DEFINITIONS 4 4. EMPLOYER SECURITY 5 5. EMPLOYER AUTHORITY 5 6. UNION SECURITY 5 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6 8. SAVINGS CLAUSE 8 9. SENIORITY 8 10. DISCIPLINE 9 11. CONSTITUTIONAL PROTECTION 9 12. WORK SCHEDULE 9 13. OVERTIME 10 14. COMP TIME 10 15. COURT TIME 10 16. CALL BACK TIME 10 17. WORKING OUT CLASSIFICATION 11 18. INSURANCE 11 19. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 11 20. STANDBY 11 21. UNIFORMS 11 22. LONGEVITY 11 2 Page 31 of 276 INDEX ARTICLE PAGE 23. HOLIDAYS 12 24. VACATIONS 12 25. SICK LEAVE 12 26. BEREAVEMENT LEAVE 13 27. SEVERANCE PAY 13 28. INJURY ON DUTY 13 29. PREMIUM PAY 13 30. FIELD TRAINING OFFICERS 13 31. POST LICENSE 14 32. WAIVER 14 33. DURATION 14 APPENDIX A - WAGES 15 APPENDIX B - INCENTIVE PAY SYSTEM 16 APPENDIX C - POST EMPLOYMENT HEALTH SAVINGS PLAN 19 3 Page 32 of 276 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2020, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the parties' agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Local No. 292. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 4 Page 33 of 276 3.9 SCHOOL RESOURCE OFFICER: An employee specifically assigned or classified by the Employer to the job duties of School Resource Officer in the Junior High or Senior High, during the regular nine -month school year. 3.10 MULTI -HOUSING OFFICER: An employee who is assigned to work with the management and occupants of attached housing developments, with a focus to reduce criminal activity and foster positive police -community relations. 3.11 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.13 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 5 Page 34 of 276 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1 An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 2 representative. The Employer -designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer -designated representatives' final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer -designated representative's final Step 2 answer shall be considered waived. 6 Page 35 of 276 Step 3 If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 3 representative. The Employer -designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the Employer -designated representative's final Step 3 answer. If the grievance is submitted to mediation and not resolved, it may be appealed to arbitration within ten (10) calendar days following the Employer -designated representative's final Step 4 answer. Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with rules established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last 7 Page 36 of 276 answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to all applicable laws. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re -hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job -relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until February 1st of each year. 8 Page 37 of 276 ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 9 Page 38 of 276 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5.1 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual emergency circumstances prevent the employee from so working. ARTICLE 14. COMP TIME All employees may carryover up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will have those hours converted into cash. The conversion will take place once a year as of the last pay period of the year. ARTICLE 15. COURT TIME An employee who is required to appear in Court during his or her scheduled off -duty time shall receive a minimum of three (3)_hours pay at one and one-half (1 1/2) times the employee's base pay rate, or three hours minimum compensatory time off at time and one-half (1 1/2), at the employee's discretion. An employee who is scheduled for Court during off -duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the preceding business day. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE 16. CALL BACK TIME An employee who is called to duty during his or her scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. 10 Page 39 of 276 ARTICLE 17. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification in the bargaining unit shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 18. INSURANCE Police employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non -contract employees. In addition, the City shall provide life and long term disability insurance equal to that of non -contract employees. ARTICLE 19. POST -EMPLOYMENT HEALTH CARE SAVINGS PLAN Police employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 20. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 21. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred, twenty-five dollars ($925) for the life of the contract. ARTICLE 22. LONGEVITY 22.1 Active employees as of January 1, 2014, shall have 30-days from the date this contract is signed to make a one-time selection between the Longevity Pay Plan outlined below and the Incentive Pay Plan outlined in Appendix B of this contract. Once an employee exercises this one-time option, his or her selection shall be binding for the duration of employment in this bargaining unit. There shall be no ability to switch to the other plan once a selection has been made. New hires after January 1, 2014 shall have one-year from their date of hire to make a one-time selection between the Longevity Plan and the Incentive Pay Plan, and that selection shall be binding for the duration of their employment in this bargaining unit. Employees on the longevity plan may make a one-time switch to the incentive pay plan during the 2020 contract period. If an employee accepts compensation under the Incentive Pay Plan at any time prior to the one-year anniversary of their date of hire, their one-time selection shall be deemed to have been made and there shall be no ability to switch to the other plan. 22.2 The Longevity Pay Plan shall consist of the following: 11 Page 40 of 276 At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. ARTICLE 23. HOLIDAYS 23.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). 23.2 Any employee required to work on any of the following listed twelve (12) paid holidays shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off: 1. January 1st 7. First Monday in September 2. Third Monday in January 8. November 11th 3. Third Monday in February 9. Fourth Thursday in November 4. Easter Sunday 10. Fourth Friday in November 5. Last Monday in May 11. December 24th 6. July 4t" 12. December 25th 23.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31 st of any calendar year. 23.4 An employee leaving the City's employment shall receive holiday pay on a pro -rated basis. ARTICLE 24. VACATIONS 24.1 Employees shall earn vacation as follows: 0 - 5 years of service 6 - 10 years of service Over 10 years of service 80 hours per year 120 hours per year 8 additional hours per year not to exceed 200 hours 24.2 Employees who have completed 0 - 3 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have completed 4 — 14 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have completed 15 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation. ARTICLE 25. SICK LEAVE 12 Page 41 of 276 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick leave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. ARTICLE 26. BEREAVEMENT LEAVE Sick leave also may be granted for a maximum of three days per occurrence for death of the employee's spouse, child, step -child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step -brother, step -sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 27. SEVERANCE PAY Any employee who has completed five (5) years of employment with the City of Shakopee and is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, they shall forfeit his\her right to all accumulated leave. ARTICLE 28. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 29. PREMIUM PAY When no supervisor such as the Police Chief, a Captain or a Sergeant is working, but two or more officers are working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standards and procedures necessary for the department to function properly. Being in charge for a period of two hours or more will then qualify the senior officer for premium pay of $1.20 per hour. ARTICLE 30. FIELD TRAINING OFFICERS 13 Page 42 of 276 Employees acting as Field Training Officers (FTOs) shall receive two hours (2.00) of pay for each shift worked as FTO. ARTICLE 31. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers Standards and Training (POST) License every three years, while the officer is actively employed by the City of Shakopee. ARTICLE 32. WAIVER 32.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 33. DURATION This agreement shall be effective as of the first (1st) day of January, 2020 and shall remain in full effect until the thirty-first (31 st) day of December, 2020. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2020. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 292 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent 14 Page 43 of 276 APPENDIX A WAGES 3% Wage Increase -- effective Jan 6, 2020 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $5,407.77 $5,857.68 $6,309.37 $6,759.27 $7,209.18 Hourly $31.20 $33.79 $36.40 $39.00 $41.59 The Employer agrees to pay a shift differential three hundred dollars ($300) per month to the employees appointed or assigned by the Employer to act as an Investigator/ Detective. Employees assigned by the Employer to act as School Resource Officers (SRO's) in the Middle School, Junior High or Senior High shall receive a shift differential of $1,980/school year. For the purposes of this section, SRO assignments are from August 1st to July 31st of the following year. SRO shift differential may be paid out at $220/month from August to May or $165/month from August to July. Employees assigned by the Employer to the Street Crimes Task Force or to the position of Crime Prevention Officer, shall receive a shift differential of one hundred and forty dollars ($140) per month for the duration of the assignment. All shift differentials are paid out as an hourly rate equivalent to the monthly rate. 15 Page 44 of 276 APPENDIX B INCENTIVE PAY SYSTEM The employer shall implement any changes to incentive pay on the first Monday that is the beginning of a two week payroll period, after being notified of the change or obtaining fitness test results. Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $230/month or $2,760 year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job -related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job -related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional ninety dollars ($90) per month. (Eligible after 2 years of service.) (a) Academic - 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off -duty time. B. 2 Community Service ($65/month or $780/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. 16 Page 45 of 276 Community service activities must be pre -approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. B.3 Fitness ($225/month or $2,700/year) Fitness Category 50th Percentile 80t" Percentile 90t" Percentile Cardio $30/month $45/month ($75 total/mo) $20/month ($95 total/mo) Core Strength $15/month $25/month ($40 total/mo) $20/month ($60 total/mo) Upper -Body Strength $15/month $25/month ($40 total/mo) $20/month ($60 total/mo) In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. Cardio will be tested by either a 1.5-mile run or a 2000 meter row. Core strength will be tested on the number of sit-ups completed in one minute. Upper -body strength will be based on the number of push-ups completed in one minute. The run, core and upper -body strength tests will be administered according to the fitness standard formerly known as the Cooper Fitness Standards for Law Enforcement. The rowing standard used will be according to the Minnesota State Patrol rowing requirements. Employees must score at or above the 50th percentile for their age and gender in order to receive the above incentive pay. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re -test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six - months and must re -test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re -try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month / $720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over -the -phone test, the cost of which will be paid by the City. To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re -test once every two -years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having 17 Page 46 of 276 a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re -test once every two -years. Eligibility immediately upon hire. 18 Page 47 of 276 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the City of Shakopee Hire — 1 yr. Beginning 2nd through 15 yrs. Beginning 16th through 30 yrs. Beginning 31st yrs. % of payroll contribution 0% 2% 2% 2% City Contribution $35/month $35/month $35/month $35/month Severance contribution of unused sick leave (45% of max of 960 hours) None 50%* 100%* 100%** Contribution of Accrued Vacation None None 50% 100% Accelerated Sick Leave Payout*** NA NA 100% of Step-up Formula 100% of Step-up Formula *Upon eligibility after year 5 ** For employees who are ineligible for Accelerated Sick Leave Payout *** Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit -eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay -out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% 19 Page 48 of 276 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants Effective January 1, 2020 — December 31, 2020 Page 49 of 276 INDEX ARTICLE PAGE 1 PURPOSE OF AGREEMENT 4 2 RECOGNITION .4 3 DEFINITIONS 4 4 EMPLOYER SECURITY 5 5 EMPLOYER AUTHORITY 5 6 UNION SECURITY 5 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6 8 SAVINGS CLAUSE 8 9 SENIORITY 8 10 DISCIPLINE 9 11 CONSTITUTIONAL PROTECTION 10 12 WORK SCHEDULE 10 13 OVERTIME 10 14 COURT TIME 10 15 CALL BACK TIME 11 16 WORKING OUT OF CLASSIFICATION 11 17 INSURANCE 11 18 STANDBY 11 19 UNIFORMS 11 20 LONGEVITY 11 21 HOLIDAYS 12 Page 50 of 276 INDEX ARTICLE PAGE 22 VACATIONS 13 23 SICK LEAVE 13 24 BEREAVEMENT LEAVE 13 25 SEVERANCE PAY 14 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 14 27 INJURY ON DUTY 14 28 POST LICENSE 14 29 WAIVER 14 30 SPECIAL DUTY PAY 15 31 COMP TIME BUY BACK 15 32 DURATION 15 APPENDIX A - WAGES 16 APPENDIX B - INCENTIVE PAY SYSTEM 17 APPENDIX C - POST EMPLOYMENT HEALTH CARE SAVINGS PLAN20 Page 51 of 276 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2020, between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 1.2 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes§ 179A.03, Subd. 8, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc., (Local No. 279). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 279). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 279). 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. Page 52 of 276 3.10 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with, the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. Page 53 of 276 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1 An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 2 representative. The Employer -designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer -designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3 If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 3 representative. The Employer -designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. Page 54 of 276 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. Page 55 of 276 ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re -hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job -relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. Waiver of a Union representative shall be in writing. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. Page 56 of 276 ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE 14. COURT TIME An employee who is required to appear in Court during his/her schedule off -duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employees base pay rate, or three (3) hours minimum compensatory time off at time and one-half (1 1/2), at the employee's discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. An employee who is scheduled for Court during off -duty time, but subsequently canceled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the proceeding business day. ARTICLE 15. CALL BACK TIME An employee who is called to duty during his/her scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or Page 57 of 276 early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. When called back, the employee will be assigned to work a minimum of three (3) hours. ARTICLE 16. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17. INSURANCE Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non -contract employees. In addition, the City shall provide life and long- term disability insurance equal to that of non -contract employees. ARTICLE 18. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE 19. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be nine hundred twenty-five dollars ($ 925) per year for the life of the contract. ARTICLE 20. LONGEVITY 20.1 The following Longevity Pay Plan will be available to Sergeants receiving longevity pay as of January 1, 2010: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty- eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. At the start of the twentieth (20th) year of service, an employee shall receive two hundred twenty-three dollars and ninety-four cents ($223.94) per month additional. 20.2 In lieu of the longevity pay plan outlined in section 20.1, employees currently receiving longevity pay may choose to be covered under the incentive pay system outlined in Appendix B to this agreement instead. Employees making this choice may not opt back into the Longevity Pay Plan. 20.3 Sergeants currently receiving performance pay as of January 1, 2010, as well as new appointments to the Sergeants classification after January 1, 2010 will be subject to the incentive pay system outlined in Appendix B, and shall not have the option of longevity pay. Page 58 of 276 ARTICLE 21. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay (12 paid holidays). January 1st Easter Third Monday in January Last Monday in May Third Monday in February July 4th First Monday in September December 24th November 11th December 25th Fourth Thursday in November Day following the fourth Thursday in November 21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an additional one-half (1/2) times his\her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year, any holiday time off earned but not used by the employee by December 31 st of any calendar year. ARTICLE 22. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 6 - 10 years of service Over 10 years of service 80 hours per year 120 hours per year 8 additional hours per year not to exceed 200 hours 22.2 Employees who have completed 0 - 4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have completed 5 — 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have completed 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave. ARTICLE 23. SICK LEAVE 25.1 An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. At year end, employees who have hours in a sick leave bank, will be able to convert any sick leave bank hours above the 960 threshold into the employees Post Employment Health Care Saving Plan at a ratio of 3 hours to 1 hour. 25.2 Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy. Page 59 of 276 ARTICLE 24. BEREAVEMENT LEAVE Sick leave may also be granted for a maximum of three (3) days per occurrence for death of the Employee's spouse, child, step -child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step -brother, step -sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 25. SEVERANCE PAY Any employee who is separated from his\her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, that employee shall forfeit his\her right to all accumulated sick leave. ARTICLE 26. POST -EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed six hundred (600) work hours, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the forty-first (41st) work hour of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 28. POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of Police Officer Standards and Training (POST) Licenses, every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLE 29. WAIVER 29.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge Page 60 of 276 or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 30. SPECIAL DUTY PAY An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations Sergeant will be paid an additional three hundred dollars ($300)_for each full month that they serve in that capacity. A Sergeant assigned as the Administrative Sergeant will be paid an additional two hundred dollars ($200) for each full month that they serve in that capacity. The premium pay shall not be extended to employees who are serving in those capacities on a temporary or substitute basis, unless otherwise approved by the Police Chief. The Union and the Employer agree that this article, and only this article, may be reopened at the request of either party during the term of contract in the event that the Department adds additional special duty assignments for the position of Sergeant. ARTICLE 31. WAGES The wage rates to be paid in 2020 shall be as shown in Appendix A. In the case that non -union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess of the three percent (3%) increases provided for in this agreement, Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. In the case that the City completes a general wage study during the time period covered by this contract, and that study supports a wage change for employees covered by this contract, both the City and the Union shall agree to re -open this article and the corresponding Appendix for negotiation. ARTICLE 32. COMP TIME BUY-BACK All employees may carry over up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will be converted into cash and paid to the employee. The conversion will take place once a year on the pay date of the last payroll of the plan year. Page 61 of 276 ARTICLE 33. DURATION This agreement shall be effective as of the 1st day of January, 2020 and shall remain in full effect until the thirty-first (31 st) day of December, 2020. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2020. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 279 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent Page 62 of 276 APPENDIX A MONTHLY WAGES — SERGEANTS Step 1 Step 2 Step 3 90% 95% 100% January 6, 2020 Monthly $7,891.17 $8,328.58 $8,767.77 Hourly $45.53 $48.05 $50.58 Page 63 of 276 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Training (up to $230/month or $2,760year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job -related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job -related field shall receive an additional eighty dollars ($80) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire.) 3. Continuing Education / Training. Employees annually completing one of the following shall receive an additional ninety dollars ($90) per month. (Eligible after 2 years of service.) (a) Academic - 2 courses (minimum 6 credits), or (b) Training - 14 P.O.S.T. credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courses/training sessions must be attended on off -duty time. B. 2 Community Service ($65/month or $780/year) Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.) would be eligible to receive additional compensation. Community service has to occur in an organization within the City of Shakopee, or has to be sponsored by the City of Shakopee to qualify. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre -approved by the Chief of Police and employee must show evidence of participation in the group/activity. Eligibility upon hire. Page 64 of 276 B.3 Fitness ($225/month or $2,700/year) Fitness Category 50th Percentile 80th Percentile 90th Percentile Cardio $30/month $45/month ($75 total/mo) $20/month ($95 total/mo) Core Strength $15/month $25/month ($40 total/mo) $20/month ($60 total/mo) Upper -Body Strength $15/month $25/month ($40 total/mo) $20/month ($60 total/mo) Cardio will be tested by either a 1.5-mile run or a 2000 meter row. Core strength will be tested on the number of sit-ups completed in one minute. Upper -body strength will be based on the number of push-ups completed in one minute. The run, core and upper -body strength tests will be administered according to the formerly known Cooper Fitness Standards for Law Enforcement. The rowing standard used will be according to the Minnesota State Patrol rowing requirements. Employees must score at or above the 50th percentile for their age and gender in order to receive the above incentive pay. In addition, the city will pay an additional $10 per month for an employee who achieves Excellent scores in all three of the above categories. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re -test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six - months and must re -test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re -try the remaining component(s) at the six-month point will be given the opportunity to do so. Eligibility after 1 year of service. B. 4 Foreign Language Skills ($60/month or $720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over -the -phone test, the cost of which will be paid by the City. To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re -test once every two -years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutually approved equivalent testing Page 65 of 276 service. Employees must score at or above Proficiency Level 3, and successfully re -test once every two -years. Eligibility immediately upon hire. To qualify for the incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re -test once every two -years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in students' homes. Page 66 of 276 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with the City of Shakopee Hire — 11 yrs. Beginning 12th through 25 yrs. Beginning 26th yr.+ of payroll contribution 3% 4% 4% City Contribution $35/month $35/month $35/month Severance contribution of unused sick leave (45% of max of 960 hours) 100%* 100% 100% Contribution of Accrued Vacation 50% 100% 100% Accelerated Sick Leave Payout NA 100% of Step-up Formula** 100% of Step-up Formula *Upon eligibility after year 5 **Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition, thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit -eligible employee with the City of Shakopee for 15 continuous years or more. • Employee is separating employment in good standing. • The percentage of the severance pay -out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. • Anniversary date of full-time employment or part-time benefit -eligible date is used to compute years of service with Shakopee. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Page 67 of 276 *4.A.3. Shakopee City Council May 5, 2020 FROM: Nathan Reinhardt, Finance Director TO: Mayor and Council Members Subject: Set the Sale of Tax Increment Revenue Bonds, Series 2020A. Policy/Action Requested: Adopt Resolution No. R2020-065, providing for the issuance and sale of General Obligation Tax Increment Revenue Bonds, Series 2020A, in the proposed aggregate principal amount of $8,165,000. Recommendation: Approve Resolution No. R2020-065. Discussion: The City Council is being asked to set the sale of bonds for the morning of June 2, 2020 with approval considered at the regularly scheduled council meeting that same evening. The proceeds of from the bond sale will be used to pay for the construction of Unbridled Avenue (formerly Barenscheer). The infrastructure improvements were identified within the Canterbury Commons Areawide Transportation study. The bonds will be a general obligation of the city, secured by its full faith and credit and taxing power. However, tax increment revenues from the Canterbury TIF District are estimated to cover 100% of debt service. Budget Impact: Additional debt service is anticipated to be fully covered by tax increment revenue from Canterbury TIF district. ATTACHMENTS: ▪ Resolution 2020-065 Setting Sale of 2020A TIF Bonds ▪ Pre -Sale Summary - 2020A Bonds Page 68 of 276 Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shakopee, Minnesota, was held by telephone or other electronic means on Tuesday, May 5, 2020, commencing at 7:00 P.M. The meeting was held in accordance with Minnesota Statutes, Section 13D.021, and pursuant to a resolution providing for electronic meetings adopted by the City Council on March 17, 2020. The following Councilors were present: and the following were absent: *** The following resolution was presented by Councilor , who moved its adoption: Page 69 of 276 RESOLUTION NO. R2020- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT REVENUE BONDS, SERIES 2020A, IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $8,165,000 BE IT RESOLVED By the City Council (the "City Council") of the City of Shakopee, Minnesota (the "City"), as follows: 1. Authorization of Bonds. It is hereby determined that: (a) The City has established and the Economic Development Authority for the City of Shakopee, Minnesota (the "Authority") administers Tax Increment Financing (Redevelopment) District No. 18 (the "TIF District") within the Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Redevelopment Project"), pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "TIF Act"). The Authority and the City have approved a Tax Increment Financing Plan for the TIF District (the "TIF Plan"). The TIF District was created to facilitate redevelopment to create additional market rate rental housing, create new commercial uses, and improve the tax base in the City. (b) Pursuant to Section 469.178 of the TIF Act, the Authority is authorized to pledge the tax increment revenues generated by the TIF District to the payment of principal of and interest on general obligation bonds to be issued by the City to pay all or a portion of the public redevelopment costs incurred or to be incurred by the City in the Project as identified in the TIF Plan. (c) The Authority and the City have expended funds within the Redevelopment Project for the costs related to public infrastructure (the "Project"). (d) On October 17, 2019, the City issued its General Obligation Tax Increment Revenue Bonds, Series 2019A (the "Series 2019A Bonds"), in the original aggregate principal amount of $4,220,000, to reimburse costs of the Project related to public improvements made to 12th Avenue in the City and to pay the costs of issuing the Series 2019A Bonds. (e) The City finds it necessary and desirable to the sound financial management of the affairs of the City to issue its General Obligation Tax Increment Revenue Bonds, Series 2020A (the "Bonds"), in the proposed aggregate principal amount of $8,165,000, pursuant to the TIF Act and Minnesota Statutes, Chapter 475, as amended (collectively, the "Act"), to reimburse additional costs of the Project, including public improvements to Unbridled Avenue in the City, and the costs of issuing the Bonds (the "Project Costs"). (f) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 2. Sale of Bonds. To provide monies to finance the Project Costs, the City will therefore issue and sell the Bonds in the proposed aggregate principal amount of $8,165,000, which amount is 2 Page 70 of 276 subject to adjustment in accordance with the official Terms of Proposal (the "Terms of Proposal"). The Bonds will be issued, sold and delivered in accordance with the Terms of Proposal attached hereto as EXHIBIT A. 3. Authority of Municipal Advisor. Baker Tilly Municipal Advisors, LLC (the "Municipal Advisor"), is authorized and directed to advertise the Bonds for sale in accordance with the Terms of Proposal in the manner required by law. The City Council will meet at 7:00 P.M. on Tuesday, June 2, 2020, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. 4. Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City ("Bond Counsel"), is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents, certificates, and instruments. 5. Covenants. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. 6. Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. 7. Declaration of Reimbursement Intent. The Internal Revenue Service has issued Treasury Regulation Section 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. The City expects to incur certain expenditures with respect to the Project that may be financed temporarily from sources other than bonds and reimbursed from the proceeds of a tax-exempt bond. The City has detei nined to make this declaration of official intent (the "Declaration") to reimburse certain costs with respect to the Project from proceeds of the Bonds in accordance with the Reimbursement Regulations. The City makes the following findings: (a) The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of the Bonds in the maximum principal amount of $8,165,000. (b) All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) This Declaration has been made not later than sixty (60) days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of the Bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or five percent (5%) of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of twenty percent (20%) of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 3 Page 71 of 276 (d) This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the Bonds described herein are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of the Bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such expenditures. (e) This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. (The remainder of this page is intentionally left blank.) 4 Page 72 of 276 Approved by the City Council of the City of Shakopee this 5t' day of May, 2020. ATTEST: City Clerk Mayor 5 Page 73 of 276 The motion for the adoption of the foregoing resolution was duly seconded by Councilor , and upon vote being taken thereon the following Councilors voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. 6 Page 74 of 276 EXHIBIT A TERMS OF PROPOSAL A-1 Page 75 of 276 THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC: TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL S8,165,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REVENUE BONDS, SERIES 2020A (BOOK ENTRY ONLY) Proposals for the above -referenced obligations (the "Bonds") will be received by the City of Shakopee, Minnesota (the "City") on Tuesday. June 2, 2020 (the "Sale Date") until 10:30 A.M., Central Time (the "Sale Time") at the offices of Baker Tilly Municipal Advisors, LLC' ("Baker Tilly MA"), 380 Jackson Street, Suite 300, Saint Paul, Minnesota, 55101, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at its meeting commencing at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Baker Tilly MA will assume no liability for the inability of a bidder or its proposal to reach Baker Tilly MA prior to the Sale Time, and neither the City nor Baker Tilly MA shall be responsible for any failure, misdirection or error in the means of transmission selected by any bidder. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a) Sealed BiddinL'. Completed, signed proposals may be submitted to Baker Tilly MA by ema bondserviceP;!bakertilly.com or by fax (651) 223-3046, and must be received prior to the Sale Time. OR (b) Electronic Biddinz Proposals may also be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITYshall constitute the official time with respect to all proposals submitted to PARITY'. Each bidder shall be solely responsible for making necessaiy arrangements' to access PARMAjor purposes of submitting its electronic proposal in a timely manner caul in compliance with the requirements' of the Terms orProposal. Neither the City, its agents, nor PARITY' shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure. electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY' shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of or have any liability for any delays or interruptions of or any damages caused by the services of PARITY'. The City is using the services of PARITY' solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information prov .ded by PARITY®, this 'Terms of Proposal shall control. Further information about PARITY", including any fee charged, may be obtained from: PARITY', 1359 Broadway, 2'0 Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminmy; swhject to change. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly -owned subsidiary of Baker Tilly Virchow Krause, LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the mernbers of which are separate and independent legal entities. CO 2020 Baker Tilly Municipal Advisors, LLC, A-2 Page 76 of 276 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2021. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Boncls will mature February 1 in the years and amounts* as follows: 2023 8440„000 2026 8480,000 2029 8510„000 2.032 $540,000 2035 8575,000 2024 $450,000 2027 $490,000 2030 $520,000 2033.$555,000 2036 8595,000 2025 8460,000 2028 8505,000 2031 8530,000 2034 8565,000 2037 8950,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples' of $5,000. In the event the amount of any maturity isniodified the aggregate purchase price will be od foster! to result in the ,same gross. ,spread per S1,000 of Bonds. as that of the original proposal. Gross spread ,.for this propose is the differential between the price paid to the City for the neiv issue and the prices at svhich the proposal indicates' the „securities be initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term .Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate. principal amount. of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DIU), New York, New York, which will act as securities depository for the Bonds. 'Individual purchases of the Bonds may be made in the principal amount: of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DIC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DIC will be the responsibility of DTC: transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The lowest bidder (the "Purchaser"), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DIC. REGISTRAR The City will name the registrar which shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2029, and on any day thereafter, to redeem Bonds due on or after February L 2030. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest.. A-3 Page 77 of 276 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenue collections within fax increment Financing District No. 18 (the "TIF District"), a redevelopment district, for repayment of the Bonds. The proceeds of the Bonds will be used to finance various public improvements within the TIE District. NOT BANK QUALIFIED TAX-EXEMPT OBLIGATIONS The City will not designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(3)(3) of the Internal Revenue Code of 1986, as amended. BIDDING PARAMETERS Proposals shall be for not less than 88,171,958 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. ESTABLISHMENT OF ISSUE PRICE In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the "Code"), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the "Issue Price Certificate") containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate ('USIP number within that manuity): (i) the interest rate; (ii) the reasonably expected initial offering price to the "public" (as said tenor is defined in Treasury Regulation Section 1.148-1(1) (the "Regulation")) or the sale price and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA. The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitutea "competitive sale" as defined in the Regulation based on the following: (i) the City shall cause this Terms of Proposal to be disseminated to potential bidders in a. manner that is reasonably designed to reach potential bidders (ii) all bidders shall have an equal opportunity to submit a bid: (iii) the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds: and (iv) the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" herein). Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an "underwriter" as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation .regarding the initial sale of the Bonds. A-4 Page 78 of 276 If all of the requirements of a -competitive sale" are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and Baker Tilly MA if 10% of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each. separate CUSIP number within that maturity) has been sold to the public and the price at which it was sold. The City will treat such sale price as the "issue price" for such maturity, applied on a maturity -by -maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the "hold -the -offering -price" requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City Will apply the initial offering price to the public provided in the proposal as the issue price for such .maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Baker Tilly MA the prices at which 10% of such maturities are sold to the public provided such determination shall be made and the City and Baker Tilly MA notified of such prices whether or not the closing date has occurred, until the 10% test has been satisfied as to each maturity of the Bonds or until all of the Bonds of a maturity have been sold. GOOD FAITH 'DEPOSIT To have its proposal considered for award, the Purchaser is required to submit a good faith deposit via wire transfer to the City in the amount of $81,650 (the -Deposit") no later than 130 P.M., Central Time on the Sale Date. The Purchaser shall be solely responsible for the timely delivery of its Deposit, and neither the City nor Baker Tilly MA have any liability for delays in the receipt of the Deposit. If the Deposit i.s not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. A Deposit will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Baker Tilly MA following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer, and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the Purchaser will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TI(') basis calculated on the proposal. prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals Without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre -approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TICto the City. Al! costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the ('ity) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. - iv - A-5 Page 79 of 276 CUSIP NUMBERS If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the Bonds, however, neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to Rule G-34 implemented by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about July 2_2.020, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis. Minnesota, and of customary closing papers, including a no -litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall he received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The Purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary, Official Statement has been deemed final by die City as of the date thereof within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223-3000, or by email bondservice4Oakertilly.com. The Preliminary Official Statement will also be made available at hups://go.bakertilly.com/bond-sales-catendar. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law. By awarding. the Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide to the Purchaser an electronic copy of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing. the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and GO it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated May 5, 2020 BY ORDER OF THE CITY COUNCIL /s/ Lori Hensen City Clerk v - A-6 Page 80 of 276 STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE T, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota (the "City"), hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, May 5, 2020, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of the City's General Obligation Tax Increment Revenue Bonds, Series 2020A, in the proposed aggregate principal amount of $8,165,000. WITNESS My hand as City Clerk and the corporate seal of the City this day of May, 2020. (SEAL) SH155-480 (JAE) 650594v1 City Clerk City of Shakopee, Minnesota Page 81 of 276 bakertilly MUNICIPAL ADVISORS now joined with Springsted and Umbaugh City of Shakopee, Minnesota Pre -Sale Summary for Issuance of Bonds $8,165,000 General Obligation Tax Increment Revenue Bonds, Series 2020A The Council has under consideration the issuance of bonds (the "Bonds") to fund the phase I public improvements to be constructed within the City's Tax Increment Financing (Redevelopment) District No. 18 (the "TIF District"). This document provides information relative to the proposed issuance. On March 11, 2020, the World Health Organization proclaimed the Coronavirus (COVID-19) to be a pandemic. The continually changing conditions resulting from the pandemic have created significant, ongoing volatility in the financial markets. It is not known what impact this may have on the City's ability to issue the proposed Bonds on the timeline, at the interest rate estimates, or under the method of sale presented in this Pre -Sale Summary. This document and corresponding schedules are based on estimates made at the time this document was prepared. In the time leading up to the City's sale, Baker Tilly Municipal Advisors will continue to monitor the market on the City's behalf and will work with the City to address issues and/or identify alternative approaches to the City's financing. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the Bond issuance. May 5, 2020 Week of May 18, 2020 June 2, 2020, 10:30 a.m. June 2, 2020, 7:00 p.m. July 2, 2020 Council sets sale date and terms Rating conference is conducted Competitive proposals are received Council considers award of the Bonds Proceeds are received RATING: An application will be made to S&P Global Ratings (S&P) for a rating on the Bonds. The City's general obligation debt is currently rated "AA+" by S&P. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer's Index ("BBI") which measures the yield of high grade municipal bonds in the 20t" year for general obligation bonds rated Aa2 by Moody's or AA by S&P (the BBI 20-Bond GO Index) and the 30th year for revenue bonds rated Al by Moody's or A+ by S&P (the BBI 25-Bond Revenue Index). The following chart illustrates these two indices over the past five years. BBI 20-Bond (GO) and 25-Bond (Revenue) Indices for 5 Years Ending 4/23/2020 5,0% 4,0% 3.0% 2 0% ry.+ •,. Rs ,., �� .n � . y�. w,�v R. h v v h A:' hx h ^+' . bakerti ty 4/23/202 04340124 2.88 GO 1 2.303 Revenue GO �¢xmµr�'Axmrt4hnuvxWdM Lq k eyyy�Qy g1.,.: fflf lf�l�ff��lilff> �fl�flilff lillifflillfilflifll�l�lllfilflifflilffilflifflilffilflifflilffilflifflilffilflifflilffilflifflilffilfliffl ll(itl(il(lil(li(Ili(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(llitl(il(li(hill(il(li(llill(il(li(llill(ill Page 82 of 276 PURPOSE: AUTHORITY: SECURITY AND SOURCE OF PAYMENT: STRUCTURING SUMMARY: SCHEDULES ATTACHED: ADDITIONAL ATTACHMENTS: RISKSISPECIAL CONSIDERATIONS: bakertilly Proceeds of the Bonds will be used to finance various public improvements related to the reconstruction of 12th Avenue within the TIF District which encompasses Canterbury Park. Statutory Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. Statutory Requirements: In order to issue tax increment supported debt under Minnesota Statutes, Chapter 469, the debt service for projects must be paid, in the aggregate, with at least 20% tax increment revenue. The project being financed is expected to pay 100% of the debt service on the Bonds. The Bonds will be a general obligation of the City, secured by its full faith and credit and taxing power. The City will pledge tax increment revenues from the TIF District to the payment of the Bonds, which revenues are also pledged to the City's General Obligation Tax Increment Revenue Bonds, Series 2019A, dated October 17, 2019 (the "Series 2019A Bonds"). The City anticipates that revenues from the TIF District will be sufficient to make the debt service payments on the Bonds and the Series 2019A Bonds, and the City will not be required to levy taxes for repayment of the Bonds. A cash flow projection showing the estimated amount of tax increment revenue to be generated in the TIF District was prepared by Baker Tilly Municipal Advisors and is attached to this Pre -Sale Summary. The February 1, 2021, August 1, 2021, and February 1, 2022 interest payments due on the Bonds are due prior to first full anticipated collection of TIF District revenues, and will be paid from capitalized interest included in the principal amount of the Bonds. Thereafter, each year's collection of tax increment revenues is expected to be sufficient to pay the interest due on August 1 in the year of collection and the principal and interest due February 1 in the following year. The Bonds have a term of fifteen principal payments structured to result in approximately even annual surpluses of the projected TIF District revenues over the debt service payments on the Bonds and the Series 2019A Bonds. Schedules attached include (i) sources and uses of funds, (ii) estimated pricing for the Bonds, given the current market conditions, (iii) estimated net debt service, given the current market conditions, (iv) estimated debt service coverage, given current market conditions and revenue estimates. In addition to the schedules attached, is an estimate of future year Phase I revenues for the TIF District. The outcome of this financing will rely on the market conditions at the time of the sale. Any projections included herein are estimates based on current market conditions. Numerous events, including legislative action, can impact the generation of tax increment revenues. In the event tax increment revenues are negatively impacted, the actual tax increment revenues received may not be sufficient to cover 100% of the debt service on the Bonds. In such event, the City would be required to cover the shortfall in tax increment revenues with other available City funds or tax levies. MIJNICIPAL.ADVISORS now joined with Springsted and lJmbatigl Page 83 of 276 Page 2 SALE TERMS AND MARKETING: POST ISSUANCE COMPLIANCE: bakertilly The Bonds have been structured with a reasonable pricing estimate given current market conditions. There is no guaranty that the winning bidder will price the Bonds with a premium in the amount estimated, which could result in less or more additional proceeds than what is currently shown in the attached schedules. A minimum bid requirement of 100.09% of par will ensure a deposit of at least $7,800,000 to the project fund and sufficient proceeds to pay costs of issuance and the estimated amount of capitalized interest as shown herein. Variability of Issue Size: A specific provision in the sale terms permits modifications to the issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bonds maturing on or after February 1, 2030 may be prepaid at a price of par plus accrued interest on or after February 1, 2029. Bank Qualification: Although the City does not anticipate the issuance of additional long- term debt in 2020, a conduit issuer of the City expects to issue bonds fora housing project in 2020; therefore the Bonds are not designated as bank qualified. Bidding Parameters: The Bonds are being marketed with a minimum bid requirement of 100.09% of par The issuance of the Bonds will result in post -issuance compliance responsibilities. The responsibilities are in two primary areas: (i) compliance with federal arbitrage requirements and (ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as this issue has been structured. Post -issuance compliance responsibilities for this tax-exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Under certain circumstances any "excess earnings" will need to be paid to the IRS to maintain the tax-exempt status of the Bonds. Any interest earnings on gross bond proceeds or debt service funds should not be spent until it has been determined based on actual facts that they are not "excess earnings" as defined by the IRS Code. The arbitrage rules provide for spend -down exceptions for proceeds that are spent within either a 6-month, 18-month or, for certain construction issues, a 24-month period each in accordance with certain spending criteria. Proceeds that qualify for an exception will be exempt from rebate. These exceptions are based on actual expenditures and not based on reasonable expectations, and expenditures, including any investment proceeds will have to meet the spending criteria to qualify for the exclusion. The City expects to meet the 18-month spending exception. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. MUNICIPAL. ADVISORS now joined with Springsted and Umbatigl Page 84 of 276 Page 3 SUPPLEMENTAL INFORMATION AND BOND RECORD: Baker Tilly Municipal Advisors currently provides both arbitrage and continuing disclosure services to the City. Baker Tilly Municipal Advisors will work with the City staff to include the Bonds under the existing Agreement for Municipal Advisor Services. Supplementary information will be available to staff including detailed terms and conditions of sale, comprehensive structuring schedules and information to assist in meeting post -issuance compliance responsibilities. Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly -owned subsidiary of Baker Tilly Virchow Krause, LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly Municipal Advisors, LLC bakertilly MUNICIPAL. ADVISORS now joined with Springsted and Umbatigl Page 85 of 276 Page 4 $8,165,000 City of Shakopee, Minnesota General Obligation Tax Increment Revenue Bonds, Series 2020A Sources & Uses Dated 07/02/2020 I Delivered 07/02/2020 Sources Of Funds Par Amount of Bonds $8,165,000.00 Reoffering Premium 129,432.25 Total Sources $8,294,432.25 Uses Of Funds Deposit to Project Construction Fund 7,800,000.00 Deposit to Capitalized Interest (aF) Fund 303,008.31 Total Underwriter's Discount (1.500%) 122,475.00 Costs of Issuance 65,786.25 Rounding Amount 3,162.69 Total Uses $8,294,432.25 2020A GO Tax he Rev Bond SLYGLE PURPOSE 4/22/2020 504 PM bakertilly MUNIC.IPAL ADVISORS now joined with Spring,ted and Umbaugh Page 86 of 276 Page 5 $8,165,000 City of Shakopee, Minnesota General Obligation Tax Increment Revenue Bonds, Series 2020A Pricing Summary Maturity Type of Bond Coupon Yield Maturity Price Value Dollar Price 02/01/2023 Serial Coupon 02/01/2024 Serial Coupon 02/01/2025 Serial Coupon 02/01/2026 Serial Coupon 02/01/2027 Serial Coupon 02/01/2028 Serial Coupon 02/01/2029 Serial Coupon 02/01/2030 Serial Coupon 02/01/2031 Serial Coupon 02/01/2032 Serial Coupon 02/01/2033 Serial Coupon 02/01/2034 Serial Coupon 02/01/2035 Serial Coupon 02/01/2036 Serial Coupon 02/01/2037 Serial Coupon 3.000% 3.000% 3.000% 3.000% 2.000% 2.000% 1.750% 1.850% 1.950% 2.050% 2.150% 2.250% 2.350% 2.450% 2.550% 1.520% 1.530% 1.550% 1.580% 1.610% 1.650% 1.750% 1.850% 1.950% 2.050% 2.150% 2.250% 2.350% 2.450% 2.550% 440,000.00 450,000.00 460,000.00 480,000.00 490,000.00 505,000.00 510, 000.00 520,000.00 530,000.00 540,000.00 555,000.00 565,000.00 575,000.00 595,000.00 950,000.00 103.730% 105.102% 106.386% 107.555% 102.425% 102.483% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 456,412.00 472,959.00 489,375.60 516,264.00 501,882.50 517,539.15 510,000.00 520,000.00 530,000.00 540,000.00 555,000.00 565,000.00 575,000.00 595,000.00 950,000.00 Total $8,165,000.00 $8,294,432.25 Bid Information Par Amount of Bonds $8,165,000.00 Reoffering Premium or (Discount) 129,432.25 Gross Production $8,294,432.25 Total Underwriter's Discount (1.500%) $(122,475.00) Bid (100.085%) 8,171,957.25 Total Purchase Price $8,171,957.25 Bond Year Dollars $83,865.24 Average Life 10.271 Years Average Coupon 2.2916388% Net Interest Cost (NIC) 2.2833431% True Interest Cost (TIC) 2.2809340% 2020A GO Tax Inc Rev Bond SLVGLE PURPOSE 4/22/2020 5:04 PM bakertilly MUNICIPAL. ADVISORS now joined with Springsted and Umbatigl Page 87 of 276 Page 6 N O N a) Cn O c U) 0 • m E0 > a) O 11) CD O a) 0 E C • 0 i C X O co E } 0 U io 0 a) 'a) V NET DEBT SERVICE vs. REVENUE Srpls (Sh rtfall) LL U 17 0 R 0 1- N V V a 0 O 00 CO co 00 00 CO 00 00 0) 0) N 00 V 00 O 40 O CO a0 a0 CO M CO 00 00 r r O M 01 CO O f� LC) 7 M M M C0 0) N 0) O I. O M M M c0 co CO I- )` N CO 0) I- CO M CO I. 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Shakopee City Council May 5, 2020 FROM: Nate Burkett, Assistant City Administrator TO: Mayor and Council Members Subject: Pro -rating liquor license fees based on forced closure of licensed businesses Policy/Action Requested: Approve resolution R2020-067 which provides for liquor license fee relief on a pro-rata basis by reducing those liquor license fees due on July 1, 2020 and provides authorization to delay liquor license fees due date. Recommendation: Approve policy/action requested. Discussion: Governor's executive order 20-04 closed restaurants, bars and clubs effective March 17, 2020. At this time, it is unknown when restaurants, bars and clubs will be allowed to re- open. These businesses have not been generating revenue off of licensed liquor sales since March 17, 2020 - with the exception of some beer and wine sales allowed by legislative action. The attached resolution authorizes the pro -ration of liquor license fees, and deduction from liquor license fees based on the number of days that a business is forced to be closed due to executive action. It also provides for administrative extension of the due date for fees. However, license applications will be due and processed on the same timeline. • Specific to bars, restaurants and clubs with on -sale, Sunday, club and taproom licenses - does not apply to liquor stores, grocery stores or gas stations • Paperwork and applications due on regular schedule, liquor licenses will be processed as normal • Pro -rated discount is deducted from 2020 liquor license fees NOT refunded from 2019 liquor license fees • Liquor license payments due the first business day 90 days after liquor license holders Page 91 of 276 have been allowed to re -open, includes an option to apply for half due at 90 days and the second half at 180 days • Does NOT continue liquor license pro -ration if license holders are allowed to open with restrictions, does NOT continue liquor license pro -ration if license holders choose not to open when allowed (whether fully or partially open) • Payments will be pro -rated based on the following calculation: (# of days between March 17 and the date they are allowed to open divided by 360) times total liquor license fee due for 2020. Budget Impact: Approximately $443/day in lost revenue ATTACHMENTS: Resolution R2020-067 Page 92 of 276 RESOLUTION NO. R2020-067 A RESOLUTION OF THE CITY OF SHAKOPEE PROVIDING LIQUOR LICENSE FEE RELIEF FOR LIQUOR LICENSE PAYMENTS DUE JULY 1, 2020 WHEREAS, Minnesota Governor Executive Order 20-04 required the temporary closure of in -person dining services at Minnesota restaurants, theaters, golf courses and other places of public accommodation effective March 17, 2020; and WHEREAS, Minnesota Governor Executive Order 20-18 continued to the temporary closure of in -person dining services at Minnesota restaurants, theaters golf courses and places of public accommodation until 5:00 p.m. on May 1, 2020; and WHEREAS, while Executive Orders 20-04 and 20-18 have been in force, holders of on -sale intoxicating liquor licenses have been unable to sell alcoholic beverages; and WHEREAS, Minn. Stat. 340A authorizes cities to issue and suspend on -sale intoxicating liquor licenses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. Bars, restaurants and clubs with on -sale, Sunday, club and taproom liquor licenses are eligible to deduct a portion of their July 1, 2020 liquor license fees. Off -sale licenses are not eligible. 2. Liquor license applications are due July 1, 2020 and will be processed in the normal manner, with the exception that payment may not be due. 3. Liquor license payments due on July 1, 2020 are suspended until the first business day 90 days after affected businesses are permitted to re -open. The 90- day tolling shall begin whether businesses re -open with restrictions, or a business chooses not to open. 4. Businesses with additional hardship may apply to the city clerk's office to split payments with half being due in accordance with the 90-day timeline and the remainder due after another 90 days. The city clerk is authorized to approve such applications administratively. 5. Liquor license affected by this resolution will be pro -rated for 2020 based on the following calculation: (# of days between March 17 and the date affected businesses are permitted to re -open divided by 360) times the total liquor license fee due for 2020 under the established fee schedule. Page 93 of 276 Adopted in regular session held this 5th day of May, 2020. ATTEST: City Clerk Mayor of the City of Shakopee Page 94 of 276 *4.B.1. Shakopee City Council May 5, 2020 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members Subject: Summerland Place Environmental Assessment Worksheet (EAW) Policy/Action Requested: Approve Resolution No. R2020-059, a resolution issuing a negative declaration of the need for an Environmental Impact Statement (EIS) for the Summerland Place Development. Recommendation: Approve the policy/action requested. Discussion: Site Information Applicant: Summergate Companies, LLC Property Owner: Gene Hauer Farms Ltd Partnership Location: South of U.S. Hwy. 169, west of C SAH 83/Mystic Lake Dr., & north of C SAH 16/ 17th Avenue. Introduction: Pioneer Engineering, on behalf of Summergate Companies, LLC, has submitted plans for a mixed -use development of approximately 114 acres that has a net usable area of about 93 acres. The proposed development would consist of approximately 589 residential units in a mixture of apartments (300 units), townhouses (68) and single-family homes (221). The net density is 6.35 units/acre for all total units. The 2040 Comprehensive Plan shows this area as Suburban and Mixed Residential, which is characterized by densities of 3 to 6 units/acre and 6 to 30 units/acre, respectively. The proposed overall density complies with the Comprehensive Plan requirements. Per the Minnesota Environmental Policy Act (Minn. Rules 4410.4300 Subpart 19 for residential development), the completion of an Environmental Assessment Worksheet (EAW) is required. The City of Shakopee is the Responsible Government Unit (RGU) Page 95 of 276 pursuant to Minn. Rules 4410 to complete the EAW for this project. The purpose of an EAW is to identify potential environmental impacts associated with the project and determine whether or not an Environmental Impact Statement (EIS) is needed. The EAW analyzes a variety of topics including land use, geology, stormwater, wildlife habitat, traffic, water use, wastewater generation, cultural resources, and noise. Analysis of this EAW is based on guidance provided by the Metropolitan Council and the Environmental Quality Board, who oversees the Minnesota Environmental Review program. After distribution to other agencies for review and responses to comments for additional infoiniation, it was determined by staff that the EAW for the Summerland Place Development does not have the potential for significant environmental impacts associated with the project; therefore, the need for an Environmental Impact Statement (EIS) is not necessary. Attached to this report is the EAW, drawings that reference the development density and types of development, the traffic study update, responses to comments from City staff, and Resolution No. R2020-059 for the Council's information. Upon approval from the City Council, staff will provide the resolution to the Minnesota Environmental Quality Board (EQB) for their records. Budget Impact: N/A ATTACHMENTS: o Resolution No. R2020-059 o Record of Decision o Site Aerial o EAW Page 96 of 276 RESOLUTION NO. R2020-059 RESOLUTION OF THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR SUMMERLAND PLACE DEVELOPMENT WHEREAS, pursuant to Minnesota Environmental Quality Board (EQB) Rules, Chapter 4410, part 4410.1000, Subpart 3, the City of Shakopee as the responsible governmental unit completed an Environmental Assessment Worksheet (EAW) for the ten parcels as identified in the Summerland Place EAW; and WHEREAS, pursuant to Minnesota EQB Rules, Chapter 4410, and as a result of common ownership and connected actions, the project meets the thresholds for an EAW for residential projects; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list prior to February 18, 2020; and WHEREAS, notice of the availability of the EAW for public review for a 30-day comment period was published in the EQB Monitor and on the City of Shakopee website on February 18, 2020; and WHEREAS, the preparation of the Summerland Place EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the Summerland Place development is expected to comply with all the City of Shakopee and review agency standards; and WHEREAS, based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Scott County, Minnesota as follows: That it should and hereby does make a negative declaration on the need for an Environmental Impact Statement for the Summerland Place EAW. Page 97 of 276 Resolution No. R2020-059 May 5, 2020 Page 2 Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2020. Bill Mars, Mayor Attest: Lori Hensen, City Clerk (SEAL) Page 98 of 276 • 410 • le • SU ERLAND PLACE DEVELOP ENT SHAKOPEE, MN 55379 May 5, 2020 Proposer: Summergate Properties 17305 Cedar Ave #200 Lakeville, MN 55044 RGU: City of Shakopee 485 Gorman Street Shakopee, MN 55379 WSB PROJECT NO. 014914-000 Page 99 of 276 FI SUM ERLAND PLACE EAW For: CITY OF SHAKOPEE May 5, 2020 Prepared by: SUMMERLAND PLACE EAW CITY OF SHAKOPEE, MN WSB PROJECT NO. R-014914-000 FINDINGS OF FACT, CONCULSIONS, AND RECORD OF DECISION Page 100 of 276 TABLE OF CONTENTS i ADMINISTRATIVE BACKGROUND 1 U. FINDINGS OFFACT AND CONCLUSIONS 1 A. PROJECT DESCRIPTION 1 B. PROJECT HISTORY 1 C. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS 3 D. CONCLUSIONS 6 |||. AGENCY COMMENTS AND CITY OFSHAKOPEERESPONSES S APPENO|XA—ConnmmomtLmtterm ouMMsmLAmoPLACE s/uw CITY Opan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS orFACT, cOmouLmIOmo.AND RECORD OpDECISION Page 101 of 276 |. ADMINISTRATIVE BACKGROUND Pursuant to Minnesota Rule 4410.4300, the City of Shakopee has prepared an Environmental Assessment Worksheet (EAW) for the proposed Surnmerland Place project (Project). This Record of Decision addresses the State ofMinnesota environmental review requirements ao established in Minnesota Rule 4410.1700. The City of Shakopee is the project proposer and the Responsible Governmental Unit (RGU). The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments, to the required EAW distribution list. A Notice of Availability for the initial EAW was published in the EQB Monitor on February 18, 2020. Notices of Availability were published on the City of Shakopee The public comment period ended March 18.2U20.Comments were received hnmUhaMetropolKan Council, Scott County Transportation Services, Minnesota Pollution Control Agency (MPCA), State Historic Preservation Office (SHPO), Minnesota Department of Natural Resources (DNR), and one Shakopee resident. All comments were considered in determining the potential for significant environmental impacts. Summaries of the comments received and the City of Shakopee responses to those comments are provided inSection III. U. FINDINGS 0FFACT AND CONCLUSIONS Aatothe need for anEnvironmental Impact Statement (BS)onthis project and based onthe record in this matter, including the EAVVand comments received, the City ofShakopee makes the following Findings nfFact and Conclusions: A. PROJECT DESCRIPTION Surnmergate is proposing a phased residential development on 115 acres in the City of Shakopee. The project includes developing 300 apartment units, 68 townhome units, and 222detached unit lots totaling 5QOhousing units over five phases. The project also includes associated utilities, ohnnnwmterbasins, parking lots, inbarnu|noado.anapurtment office building, and anapartment community building. B. PROJECT HISTORY ° The project was subject toomandatory EAVVper Minnesota Rule 441Ci43O0Subpart 1QD—Residential Development. ° The EAVVwas distributed tothe EQBand hxthe EOBmailing list onFebruary 18. 2020. � Public notices containing information about the availability of the EAW for public review were provided to City of Shakopee Website on February 18, 2020. � Hard copies of the EAW were provided for public review at City of Shakopee City Hall, Scott Counb/—Shakopee Library, and the Environmental Conservation Library. An electronic copy ofthe EAVVwas available onthe Oty'uwebuita. � Anotice was published for the EAVVinthe February 18.2O2OEO8Monitor. The public comment period ended March 18.2O20.Comments were received from Metropolitan Council, Scott County Transportation Services, MN Pollution Control Agenoy, State Historic Preservation C}ffioe, MN Department ofNatural Reaouroeu, and one Shakopee resident. Copies ofthese comment letters are hereby incorporated for reference and included inAppendix A. SUMMER LAND PLACE sAvv CITY mpan4mOpss.Mw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, CONCLUSION, AND RECORD OpDECISION Page 102 of 276 C. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota Rule 441[\1700.aubp.1.states "An EIS [Environmental Impact Statement] shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects, the City of Shakopee must consider the four factors set out in Minnesota Rule 4410.1700, subp. 7. With respect to each of these factors, the City of Shakopee finds the following: 1. M|NNESDTARULE 4410.17UU.SU8P.7.A—TYPE, EXTENT, AND REVERSIBILITY DF ENVIRONMENTAL EFFECTS a. The type ofenvironmental impacts and mitigation efforts anticipated aapart ofthis project Zoninq and Special Districts: The EAW inaccurately defined the planned land use of this site, based on the 2030 Comprehensive Plan. City of Shakopee adopted the 2040 Comprehensive Plan on November 19, 2019, which identifies this site as Suburban Residential (3-6 units per acre) and Mixed Residential (6-30 units per acre). The project proposes 5.01 — 8 units per acre across the entire project area. The project will need apply for oPlanned Unit Development through the City ofShakopee. Soil Disturbance: The project will involve soil disturbance. The site will be graded in phases as development occurs to prevent unnecessary soil erosion. A National Pollutant Discharge Elimination System (NPDES) permit will be required and erosion control best management practices (BMPs) such as silt fence, inlet protection, and a stabilized construction entrance will be in place during construction to reduce sedimentation and prevent erosion from the site. A Deve|opmentApp|ioudon/Land Disturbance Plan will need tobereviewed and approved bythe City. Wastewater: The proposed development is estimated to generate an average wastewater flow of 103,130 gallons per day. Approximately 105 residential units will ultimately be connected to an existing 15-inch sanitary sewer main owned by the City of Shakopee. The 15-inchCity sewer main connects toK4CE8Interceptor 9200-1 near the northwestern corner of the proposed development. An estimated 485 residential units will be directly connected to the MCES Interceptor through a new 8-inch connection about 1200feet west ofEagle Creek Boulevard. Wastewater from the site will be treated at the Blue Lake Wastewater Treatment Plant (WWTP). Blue Lake WWTP has a design capacity of 32 million gallons per day. The current treatment volume is an average of 27 million gallons per day. The Blue Lake WWTP has the capacity to accommodate the additional flow from this development. Water Supply: The development will connect tothe municipal water supply atthe north and south/southwest portions ofthe development. The Shakopee Public Utilities Commission (SPUC)will bathe service provider. Water Quality: The proposed concept plan shows a mixture of single-family homes, townhomes and apartment buildings. The estimated total amount of impervious for this development ia4S.3acres. The City of Shakopee regulates stormwater runoff rate, volume and water quality. These regulations are detailed in the City of Shakopee Design Criteria, dated October 2017 and City of Shakopee Chapter 54 Ordinance: Water Resources Management. The site is located within the Lower Minnesota Watershed District. This watershed district has adopted standards that must be implemented by the City of Shakopee but does not ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 103 of 276 currently have a permitting program of their own. The site must meet the following criteria: ° Capture and retain onsite 1.Oinches ofrunoff from the new impervious surfaces inpost-construction conditions. w Maintain existing flow rates for the 2, 10, and 1 00-year 24-hour Atlas 14 storm events. • |tisrequired hohave ononet increase from pre -project conditions ofTSSand TP. The water quality control standards shall be considered satisfied if the volume control standard has been satisfied. w If ponding is used, a permanent pool pond volume equal to 2.5 inches of rainfall over the entire contributing drainage area, assuming full development. w Pretreatment must be provided if infiltration or filtration is being used. Because nfthe project site's location within both ahigh vulnerability Drinking Water Supply Management Area and [NOH VVo|heed Protection Area it is not considered suitable for infiltration. The city does not require infiltration or reuse but will consider irrigation reuse and incorporate measures as feasible. The project currently proposes filtration basins to treat stormwater. Fish and Wildlife: Few natural habitats such as forests, native grass moodovvs, or water resources are located within the project area or the surrounding vicinity that would benefit wildlife. The project involves tree removal but is not located within otnwnahip known have northern long-eared bat maternity roosts or hibernaculum. This project is not expected toimpact fish orwildlife. The project will result in the construction of several stormwater ponds, which may provide habitat for wildlife. The city typically recommends surmountable curbing in new developments with low traffic and will recommend the use of this curbing type in areas where is it reasonable. This measure will accommodate the need for movement of any new wildlife through the development. Noise: The project is located adjacent to US Highway 169. Noise levels are expected to increase in the future with development to the west. The development has been designed to provide an approximately 700-foot-wide buffer, in the form of gardens and stormwater basins, between the US 169 and the nearest housing units. The City of Shakopee will request that the developer complete apreliminary noise assessment prior to development to document existing noise at the site and will require that noise attenuating windows baincorporated into the design ofthe units nearest US1SQ. During construction, noise levels will temporarily increase because of grading and construction. Use of this equipment will be limited to daytime hours consistent with the Cih/'oconntruotion and noise ordinances. Construction equipment will befitted with mufflers that will be maintained throughout the construction pru0000. Transportation: The proposed development is expected to generate approximately 303 a.m. peak hour, 389 p.m. peak hour, and 4,226 daily site trips. Additional development may occur east of the Surnmerland development, which may account for more daily trips, especially retail and non -retail trips. This additional traffic may cause operational issues at the intersections of CR 83/Eagle Creek Boulevard and CR 16/Independence Drive. To address the future capacity and/or queuing issues identified, the following improvements are recommended: ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 104 of 276 1. CR eCreek Boulevard Intersection � Construct onadvanced turn -lane from the US108South Ramp intersection through the CR 83/Eagle Creek Boulevard intersection. The advanced turn -lane is provided by extending the inside northbound right -turn lane at the US 169 South Ramp intersection hoEagle Creek Boulevard and constructing an additional northbound thru lane at Eagle Creek Boulevard that feeds into the extended northbound right -turn lane. Note that this improvement was previously identified inthe Canterbury Commons AroowidmTransportation Assessment. This improvement will beassumed tobecompleted under the year 2048 intersection capacity analysis. 2. CR1G0ndeVondemmDrive p Monitor the CR1S/|ndopondonmaDrive intersection \udetermine if/when a traffic signal should be considered. The project will involve connections to CH 16 and work within the County's right-of-way. A County Access Permit and permits for work within right-of-way will need to be obtained. Pedestrian access to 17th Avenue will be provided from the development via Phillip Drive. Internal sidewalks and/or trails will be located within the development to Phillip Drive. Pedestrians can cross 17th Avenue atPhillip Drive and access the trail along the south side of17UhAvenue, which connects to Mystic Lake Drive. The existing trail onthe north side of 17th Avenue will be extended east to the east end of the development. As development occurs additional connections to the east, north of 17th Avenue, to Mystic Lake drive will bamade. The extent and reversibility ofenvimnmentuimpactsforthepmpose project are consistent with those of a typical residential development. Impacts will be minimized to the extent practical, with regulatory approvals and/or mitigation required for those impacts which cannot be avoided to 2. N1|NNESOTARULE 441O17UU.SUBP.7.B—CUMULATIVE POTENTIAL EFFECTS OF RELATED ORANTICIPATED FUTURE PROJECTS The City is not currently aware of any other specific foreseeable future projects that would result in cumulative effects from this project. Cumulative environmental effects from this development will not occur. 3. M|NNESOTARULE 441O1700.SUBP.7.0—THE EXTENT TOWHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TDMITIGATION BYONGOING PUBLIC REGULATORY AUTHORITY a) The following permits orapprovals will borequired for the project: Unit ofGovernment Type ofApplication Statue State Department of Natural Resources Water Appropriation Permit To be obtained, if needed Pollution Control Agency NPDES/SDSGtormwatarPermit Tobeobtained Sanitary Sewer Extension Tobeobtained Department ofHealth VVotermain Plan Review To be ubtuined, if needed Metropolitan Council Environmental Services Sanitary Sewer Extension Concurrence Tobeobtained Direct Connection Permit Tobeobtained ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 105 of 276 Unit ofGovernment Type ofApplication Statue County Scott County Final Plat Approval Toboobtained Right -of -Way Permit Toboobtained Access Permit Toboobtained Local City nfShakopee Dovo|npmentApp|icaUon/Lond Disturbance Plan Tobeobtained Planned Unit Development Application Approval Tobeobtained Preliminary and Final Plat Approval To be obtained b) The City of Shakopee finds that the potential impacts identified as part of the proposed SummedandPlace project can beaddressed through the regulatory agencies ampart of the permitting process. 4. M|NNESOTARULE 441U.17O0.SUBP.7.O—THE EXTENT TOWHICH ENVIRONMENTAL EFFECTS CAN BEANTICIPATED AND CONTROLLED A8ARESULT OFOTHER AVAILABLE ENVIRONMENTAL STUDIES UNDERTAKEN BYPUBLIC AGENCIES C)RTHE PROJECT PROPOSER, INCLUDING OTHER E|Ss. The City finds: 1. The proposed project includes various measures to reduce adverse impacts to the environment and existing natural resources. 2. The project is subject to |oca|, regional, nbaby, and federal requirements. 3. The developer will secure all necessary permits and will adhere toall requirements ofthe permits. 4. Considering the results ofenvironmental review and permitting processes for similar projects, the City ofShakopee finds that the environmental effects ofthe project can beadequately anticipated, controlled, and mitigated. Q. CONCLUSIONS The Surnmerland Place EAW and comments received have generated information adequate to determine that the proposed project does not have the potential for significant environmental lheBAW has identified areas where the potential for environmental effects exist, but appropriate mitigation measures can baincorporated into the project plans and the required approvals and permits to mitigate these effects will be obtained. If the project cannot be approved by regulating agencies as currently conceptualized, the applicant may need to revise the restoration plan to meet regulatory requirements. The project will comply with all |oca|, county, and federal review agency requirements. Based on the criteria established in Minnesota Rule 4410.1700, and the Findings of Fact and Conclusions, the project does not have the potential for significant environmentaleffects hytrigger the need for an Environmental Impact Statement (EIS). Therefore, an EIS is not required for the Surnmerland Place project. City Council concurrence by Resolution R2020-059, declaring a negative need for an Environmental Impact Statement, is included in Appendix B. ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 106 of 276 Pursuant to Minnesota Rules Part 4410J700.Subpart 5.ecopy of this FGURecord of Decision is being provided, within 5 days, to all persons on the MEQB Distribution List, to persons commenting and to persons who requested a copy. This Record of Decision will also be made available onthe City ofShaknpee'oweboite. III. AGENCY COMMENTS AND CITY OF SHAKOPEE RESPONSES A30-daycomment period for the SummerlandPlace EAWended onMarch 18.2020. The comments obtained through the EAW process can inform the permitting process and future steps for projects like this one. Comments were received from the Metropolitan Council, Scott County Transportation Services, Minnesota Pollution Control Agenoy([WPC/). State Historic Preservation Office (SHPO). Minnesota Department ofNatural Resources (DNR), and one Shakopee resident. Responses are provided to comments related to the environmental review and analysis of the project. Comment summaries and responses are provided below. Comment letters are included inAppendix A. Metropolitan Council Commmment1: Project Description: TAZ The site is part of Transportation Analysis Zone (TAZ) #2128, between Highway 169 and County Road 16. The City's TAZ allocation, submitted in 2019, expects 573 total households added in the zone. Should this development proceed, Council staff recommend the TAZ #2128 allocation be slightly increased, with additional households and population, and that TAZ allocations be offset with reductions in zones elsewhere in the City. A forecast change to City totals is not necessary. The TAZ table can be revised through correspondence with Council staff. Response 1: The city will coordinate with Met Council on updating the TAZ table, as necessary. Cornrnent2: Project Description: Utilities Council staff recommends that this development beused ononopportunity huapply section 3B of the Resilience chapter goals and strategies of the City's 2040 Plan. As a reference, section 3B states: "Utilize environmentally -friendly landscaping practices in roadway projects. Ensure vegetation is selected for its natural resilience and ability to provide additional benefits, such as to pollinators." Response 2: This comment has been noted and the city will require that the developer utilize environmentally friendly landscaping practices where feasible and will review their landscaping plans prior toapproval. Comment 3: Land Use While the EAW correctly identifies the existing land use of this site as Agricultural, it inaccurately describes the planned land use as Single Family Residential (3-5 units per acre) and Medium Density Residential (5.01-12 units per acre), based on the 2030 Comprehensive Plan. The City of Shakopee's 2040 Plan has been authorized by the Metropolitan Council and adopted bvthe City onNovember 1O.201Q. Therefore, the 2030 Plan is no longer in effect. The EAW needs to reference the current adopted plan, which is the 2040 Plan. The 2040 Plan identifies this site as Suburban Residential (3-6 units per acre) and Mixed Residential (6-30 units per acre). Additionally, all other future land use references of the surrounding sites need to be corrected to reflect the adopted 2O4UP|an. ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WSB PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 107 of 276 Response 3: This comment has been noted and the 2040 plan will be utilized. Land use references have been updated. Comment 4: Land Use Based onthe project concept plan, the net density ofthis project iaEi3units per acre, which is consistent with the Suburban Residential land use category. However, this density is outside of the allowable density range for the Mixed Residential land use category, which covers part of this site. Therefore, the City will need to amend their 2040 Plan accordingly to ensure consistency with the Plan and accommodate the development of this project. Response 4: The City understands the concern and will address the density through the PUOzoning process. CmmmmmentS: Water Resources: Wastewater 7heBAW shows adirect connection to the Metropolitan Council Interceptor (9206-1). As acknowledged by the EAW, before direct connection to the Metropolitan Council Interceptor, a Sewer Connection Permit will be required. To obtain a Sewer Connection Permit; prior to initiating this pnoje(t, preliminary plans should be sent to Tim VVodin. Interceptor Engineering Assistant Manager (651-602-4571) at the Metropolitan Council Environmental Services. Rmsponoo6: This comment has been noted and the preliminary plans will be submitted to Metropolitan Council Environmental Services prior to obtaining the Sewer Connection Permit. CmmmmmentG: Water Resources: Stmrmmuater The EAWstates that the Project may not boable toprovide otonnwaterrunoff water quality treatment volume reduction on -site via infiltration, because of the site's location within both a high vulnerability Drinking Water Supply Management Area and MDH Wellhead Protection Area. If incorporation of this stormwater best management practice will not be possible, Council staff recommends consideration of redesign of the stormwater basins for reuse of the water for site irrigation, in lieu of commitment of City - supplied potable water for that use. The Stormwater Reuse Design Calculator was developed for Ramsey -Washington Metro Watershed District (RVVK4VVD)for use in the design of such facilities. The Project proposer is encouraged to contact RWMWD for further information onthe recommended design and facility specifications. Response 6:This comment has been noted. The city does not require infiltration or reuse but will consider irrigation reuse and incorporate measures as feasible. Comment 7: Fish, wildlife, plant communities, and sensitive ecological resources (rare features) Council staff recommends that surmountable curbing (Minnesota Department of Transportation Curb and Gutter Design No. Type D or S curbs) be used for all proposed project roadway medians and curbing. The more than seven acres of new stormwater basins may provide a habitat for wildlife found in nearby wetlands, lakes, ponds, and the Minnesota Valley National Wildlife Refuge corridor. Surmountable curbing will accommodate the need for movement ofany new wildlife. ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 108 of 276 Response 7:This comment has been noted. The city typically recommends surmountable curbing in new developments with low traffic and will recommend the use ofthis curbing type inareas where iaitreasonable. Comment 8: Transportation The EAW correctly notes park and rides in the area, however it fails to clearly note the availability oftransit service and bus stops onthe east side ofthe proposed development along Mystic Lake Drive within walking distance. Council staff recommend redesigning the internal aidevva|k(o)tn provide connection tothe bus stops. Additionally, there is currently yNVTAexpress service oon 17thAvonuo East. While there are currently no stops along this aontion, the internal aidevvo|ka network should be designed to connect to 17\hAvenue East. Response 8:There will beinternal sidewalks and/or trails that connect to17mAvenue, which will provide access to the MVTA bus stops. Comment 9: Transportation There are currently nosidewalks planned along the north side of 17th Avenue East and the west side ofMystic Lake Drive. Council staff recommends sidewalks tnbeincluded as part of the proposed development in these areas. Response 9: Currently, the development will provide pedestrian access to 17th Avenue via Phillip Drive. Pedestrians can cross 17th Avenue at Phillip Drive and access the trail along the south side of 17th Avenue, which connects to Mystic Lake Drive. The existing trail onthe north side uf17thAvenue will beextended east tothe east end ufthe development. As development occurs additional connections to the east, north of 17th Avenue, toMystic Lake drive will bamade. Scott Countv Transportation Services Comment 1: Approvals and Permits Required Conmnmmnt2: The table does not include a County Access Permit or County permits for any work within the County hght-nf-way. Response 1:Permit will beobtained. Will beaddressed during final plat. Any access onto CH 16 in required to be Public Street Rmsponee2: This comment has been noted. Commmnd3: The east access shall bopermitted anafull public street access hmCH1Gwith aright turn lane on CH 16 to be constructed by the development. Comment 4: Response 3: This comment has been noted. The west access shall beoright inright out only public street. This requires eright turn lane on CH 16 to be constructed by the development and closure of the median opening and left turn lane. Response 4:This will baacondition ofplat approval. Cunmnnent5: The minimum County right-of-way to be dedicated for CH 16 is 75'from centerline. ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WSB PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 109 of 276 Response 5: Comment noted. Comnmment6: A trail along CH 16 shall be required to be constructed per County requirements. Response 6: Comment noted. A trail is proposed along the north side of CH 16 to the east edge ofthe development. Commmnt7: Any work within the County hght-of-wo shall require aCounty permit. Response 7:Comment noted. Permits will beobtained prior toconstruction. Cmmmmment8: Noise issues may arise as traffic volumes increase on the County roadway over time. Noise attenuation iathe responsibility ofthe City and/or developer. Response 8: The city will be requesting that the developer conduct a preliminary noise assessment to document current noise levels at the site. The development proposes landscaping and stormwater ponds around the exterior of the development provide noise buffer from surrounding roadways. State Historic Preservation Office Comment 1: Historic Based on our review of the project information, we conclude that there are no properties |inb»d in the National or State Registers of Historic P1uoea, and no known or suspected archaeological properties in the area that will be affected by his project. Response 1:This comment has been noted. Minnesota Pollution Control Aqmnoy(K8pCA) Comment 1: Project Description Pleasenoby0haddhloridehsah\isoyrowingissueforkakes.otrooms.andgroundwoter around the state. Chloride can come from both de-icing salt and water softener salt. For the proposed Project, the MPCA recommends smart salting practices for de-icing streets and driveways during the winter weather months and water softening best practices be sued yoopnound.Additional resources are available at: httpo://www.poa.ntute.mn.uokwator/atotevvide-chloride-resources. Response 1: This comment has been noted. Commmnd2: Wastewater The EAW should include the design capacity and actual current flow for the Metropolitan Council Environmental Services (MCES) Blue Lake Wastewater Treatment Plant (WWTP) and a map showing the sewer connection to the City and regional system and location ofthe K4CESBlue Lake VVVVTP. Response 2: Blue Lake WWTP has a design capacity of 32 million gallons per day. The current treatment volume is an average of 27 million gallons per day. The development's sanitary will connect to the city's system at two locations. An estimated 105 residential units will be connected to an existing 15-inch sanitary sewer main owned by the City of ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WS13 PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 110 of 276 Conmnment3: Shakopee. The 15-inch City sewer main connects to MCES Interceptor 9206-1 near the northwestern corner of the proposed development. An estimated 485 residential units will be directly connected to the MCES Interceptor through a new 8-inch connection about 1200feet west of Eagle Creek Boulevard. The attached figure shows the location of the Blue Lake VVVVTPinrelation tothe development connections. Regarding Table 8of the EAW,Oow calculations for average flow appear to beonthe low side. MCES sewer access charge (SAC)usually uses 274 gallons per day per home for flow estimates. Questions regarding wastewater should bedirected toDave Sahli and 651-757-2687 or David. Sahli@state.mn. us. Response 3: Summerland Place used the following flow estimates for each residence type. These flow estimates were discussed with Mr. Sahli and determined to be appropriate. Number of Residence Type Bedrooms mecyu"u Population Density mmu/ng Number Flow per of Units Unit vnxo 2 zon rs un 150 zooso Single Family s 1,13 rs 115 zso zyazs Town Homes zs zM rs ax 188 zzrso Total Commend4: Stonnwmter Cmmmmnt5: 103125 The EAWcurrently proposes the use ufstormwoborponds for treatment ofrunoff from the new impervious surfaces, but also discusses possible use of infiltration as a volume reduction practice. Infiltration systems orother volume reduction practices must first be considered unless prohibited for reasons identified in parts 16.4 through 16.21 of the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit) prior to considering wet sediment basins. The EAVVdiscusses soils onside that may be suitable for infiltration. Hovvevar, additional analysis is needed for the site, including soil bnrings, o|nnU with field testing in the location ofthe infiltration area tnensure permeability rates donot exceed 8.3inches per hour unless the soils are amended to reduce the infiltration rate. Other volume reduction methods that should be considered include harvest and reuse of stormwater. Rmepmnmm4: Comment noted. Infiltration isnot proposed onthis project due hothe location within the Drinking Water Supply Management Area and Wellhead Protection Area. The City does not require infiltration or reuse of stormwater. The project currently proposes filtration basins totreat utormwater. The EAVValso states that the site is within aDrinking Water Supply Management Area (DWSMA) classified as having very high vulnerability. In this case, infiltration is prohibited if the Minnesota Department of Health also defined the DWSMA as an Emergency Response Area (ERA), unless the regulated MS4 permittee either performed or approved o higher level of engineering review sufficient to provide a functioning treatment system to prevent adverse impacts groundwater. Therefore, having a high vulnerability DWSMA, o|ong, may not prohibit the use of infiltration. Response 5: Comment noted. Infiltration is not proposed on this project due to the location within the Drinking Water Supply Management Area and Wellhead Protection ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.Mw WSB PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Pago111 ofz76 Conmment6: Area. The City does not require infiltration orreuse cfabomnwabyr.The project currently proposes filtration basins to treat stormwater. bioadvisable that the permitteeoincorporate green infrastructure practices into the design plans to maintain the existing hydrology of the site ad protect water quality. Questions regarding Construction Stormwater should be directed to Roberta Getman at 507-206-282QorRoberta. Getman @atate.mn.us. Response 6: Comment noted. City staff will review stormwater management plans and make recommendations for green infrastructure practices where possible. Comment 7: Noise The MPCA appreciates the Project proposer's attention to construction noise, as well as the state noise standards. However, since the proposed Project is strictly residential, and so close to Highway 169 and other high -traffic areas, the MPCA recommends that the proposer do a preliminary noise monitoring to determine if further mitigation may be needed for residences along the northern and/or southeastern boundaries of the proposed area (south of 169 and north of 17t' Avenue). Even with the elevation difference and proposed garden and stormwater basins, it would be a best practice to understand baseline ambient noise in the proposed Project area. Doing so could help prevent issues into the future, particularly if traffic is expected to increase in the area. For noise related questions, please contact Fawkes Steinwand at 651-757-2327 or Fowkeo.Steinvvand@atote.mn.us. Response 7: City will request that developer conducts a preliminary noise study.If needed, the City will require noise attenuating windows be incorporated into the units nearest TH1GQ. Minnesota Department ofNatural Resources Commnment1: Project Description A DNR Water Appropriation Permit will be needed for the pumping of more than 10,000 gallons per day, or one million gallons per year, of groundwater, surface water, or stormwater for the grading of the site, the installation of footings or utilities, or the construction of the stormwater ponds & system, for the development. Response 1: This comment has been noted. The developer will apply for uDNRWater Appropriation permit ifthe above thresholds are exceeded. Comment 2: Geology, Soils and Topography. The presence of ponds near the northern boundary of the site suggest that there are areas within the development where the depth to groundwater could be close to the ground surface. The EAW states that the site is located within an area identified by the Minnesota Karst Land Map as being prone to surface karst feature development, and that the use of infiltration basins could exacerbate this and present a risk for groundwater contamination. More mitigation ofthis risk should badiscussed beyond sediment and erosion control. The Minnesota Stormwater Manual states, "The Construction Stormwater Permit prohibits infiltration ofahormvvaterrunoff 'within 1.OU8feet up -gradient or 180feet down -gradient of active karst features. Active karst is defined as areas underlain by carbonate bedrock with less than 50 feet of sediment cover." Please refer to the ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WSB PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 112 of 276 Minnesota Stormwater Manual for more information and guidance regarding stormwater Response 2: Infiltration is not proposed on this project due to the location within the Drinking Water Supply Management Area and Wellhead Protection Area. The City does not require infiltration or reuse of stormwater. The project currently proposes filtration basins tutreat aturmvvater. Commmmmnt3: Sections 1Uand 11 reference boring logs and oGoobeohnioe|Report (April 2010).This should be included with the EAW and attached in the Appendix. Respmnse3: The Geotachnkca|Report and boring logs were provided to the DNRfor review. These documents will be provided to others upon request. Comment 4: Groundwater Seven stormwatorbasins are proposed 4-1Ofeet below grade inanarea where groundwater may be present 10-20 feet below grade. The site is also located within a "High Vulnerability" Drinking Water Supply Management Area (DWSMA) that is within 0.3 miles of five City wells and in the direct vicinity of 12 domestic wells (Figure 12). We requested that a DNR groundwater specialist review the project location and the geotechnical report that was sent to us by the proposer. Please see the internal memo from Scott Pearson, PG, Groundwater Specialist, which recommends that further geoteohnino| review be conducted as o next step in evaluating the proposal. He also notes that the geotechnical report did not evaluate the suitability of the site for stormwater infiltration. The DNR feels that further investigation should be done in order to determine if infiltration basins would be suitable for the site, and ifthey would pose potential risk to groundwater. Response 4:Infiltration ksnot proposed onthis project. The project currently proposes filtration basins kntreat akormwotec The City does not require infiltration or reuse of Comment 5: Groundwater The EAVVnotes the site is within o "High Vu nerobi|ity^ DVVSMA. and 0hatsbormwohar ByWP design must follow the process for determining applicability for nnsite infiltration. However, this process is not detailed or described. This should be addressed in the EAW and approval status should be known in order to effectively evaluate this proposal. Response 5:Infiltration k*not proposed onthis project. The project currently proposes filtration basins to treat stormwater. The City does not require infiltration or reuse of Commnnmnd6: Relevant Regulations and Considerations. Commmmnt7: TheEAVVrafamuavana|timeabo^DNRVVe|headProteudonArea.^butthiuohou|dbe "Minnesota Department of Health Wellhead Protection Area". Response 6: This comment has been noted. The planned increase in impervious surfaces will also increase the amount of road salt used inthe project area, which ioespecially vulnerable togroundwater contamination. Chloride released into local lakes and streams does not break down, and instead accumulates inthe environment, potentially reaching levels that are toxic hzaquatic ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WSB PROJECT NO. R-014914-000 FINDINGS opFACT, oomcLuoIOm AND RECORD OpDECISION Page 113 of 276 wildlife and plants. Consider promoting local business and city applicator participation in the Smart Salting Training offered through the Minnesota Pollution Control Agency. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Salting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. Response T:This comment has been noted and participation inthe Smart Salting Training will be considered. Shakopee Resident Comment 1: Conmmmnt2: [Resident is] disappointed that the city only looks at a small section of roadways when considering the traffic implications. Our neighborhood has only one exit that allows us to goonto CH 16and then south on CH 83. and one exit onto northbound CH 83Jhiu project, and the gravel pit project, will have asignificant impact onthe intersection ofCH 16/Kinlock Drive/Dean Lakes Trail and CH 83 and Kinlock Drive. It is dangerous already for us to drive out, and even more so as pedestrians to cross CR 16 to use the walking paths at Dean Lakes. Several thousand more vehicle trips with an uncontrolled intersection at County Road 16/Kin|uok/Dean Lakes Trail significantly increases the danger for the 180homes inour community and should baincluded intraffic considerations for this project as well as the gravel pit. There have been several accidents involving vehicles leaving our neighborhood as well as the Dean Lakes Shopping Area. Response 1: The development is expected to add minor traffic volumes at the Kinlock Drive intersections. The directional analysis in the traffic study shows that a low volume of trips (5%, 211 daily trips) will go south on CH 83, past Kinlock Drive. In addition, only 1596uftrips (G34daily trips) are expected hotravel past the intersection ofCH16/Kin|ook Drive/Dean Lakes Trail. Most traffic (SUY6)inexpected hogoeither east orwest along 17thAvenue and then north toTH18Qalong either CH83orCH17. Regarding pedestrian safety, the city does not recommend pedestrians cross 17th Avenue at Kinlock Drive/Dean Lakes Trail to access the walking paths at Dean Lakes. There are six lanes of traffic and no pedestrian crossing marked at this location. Pedestrians should bocrossing ot the signals provided atthe controlled intersection of CH 83ond 17thAvenue. [Resident is] disappointed that the city would work with Summergate, a small company that has left many new owners inour community with sub -par workemanahip. unanswered requests for warranty repairs, and a host of other issues. The HOA is considering legal action against them for several items they refuse toaddress. They are people that left the city and county out to dry mid -development. They are not equipped for a project this size. Response 2: Comment noted. ouMMsmLAmoPLACE sAvv CITY mpan4mOpss.IVIw WSB PROJECT NO. 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N p RS N co ro C V/ E N 0 ca 1111111 m1111111„ 1111111 APPENDIX A Comment Letters Page 116 of 276 March 18, 2020 Mark Noble, Senior Planner City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: City of Shakopee Environmental Assessment Worksheet (EAW) — Summerland Place Metropolitan Council Review No. 22427-1 Metropolitan Council District No. 4 Dear Mr. Noble: The Metropolitan Council received the EAW for the Summerland Place project in the City of Shakopee on February 14, 2020. The proposed project is located north of 17th Avenue East, west of Canterbury Road South, and south of U.S. Highway 169. The proposed development consists of 114.3 acres on 10 parcels or currently agricultural land. The project proposes 300 apartment units, 68 townhomes, and 222 detached units, totaling 590 units over five phases. While we find that an EIS is not necessary for regional purposes, the staff review finds that the EAW contains some inaccuracies that should be corrected prior to finalizing the document. We offer the following comments for your consideration. Item 6 — Project Description:TAZ (Todd Graham, 651-602-1322) The site is part of Transportation Analysis Zone (TAZ) #2128, between Highway 169 and County Road 16. The City's TAZ allocation, submitted in 2019, expects 573 total households added in the zone. Should this development proceed, Council staff recommend the TAZ #2128 allocation be slightly increased, with additional households and population, and that TAZ allocations be offset with reductions in zones elsewhere in the City. A forecast change to City totals is not necessary. The TAZ table can be revised through correspondence with Council staff. Item 6 — Project Description: Utilities (Cameran Bailey, 651-602-1212) Council staff recommends that this development be used as an opportunity to apply section 3B of the Resilience chapter goals and strategies of the City's 2040 Plan. As a reference, section 3B states: "Utilize environmentally -friendly landscaping practices in roadway projects. Ensure vegetation is selected for its natural resilience and ability to provide additional benefits, such as to pollinators." Item 9 — Land Use (Raya Esmaeili, 651-602-1616) • While the EAW correctly identifies the existing land use of this site as Agricultural, it inaccurately describes the planned land use as Single Family Residential (3-5 units per acre) and Medium Density Residential (5.01-12 units per acre), based on the 2030 Comprehensive Plan. The City of Shakopee's 2040 Plan has been authorized by the Metropolitan Council and adopted by the City on November 19, 2019. Page 117 of 276 Mark Noble, City of Shakopee March 18, 2020 Page 2 Therefore, the 2030 Plan is no longer in effect. The EAW needs to reference the current adopted plan, which is the 2040 Plan. The 2040 Plan identifies this site as Suburban Residential (3-6 units per acre) and Mixed Residential (6-30 units per acre). Additionally, all other future land use references of the surrounding sites need to be corrected to reflect the adopted 2040 Plan. • Based on the project concept plan, the net density of this project is 6.3 units per acre, which is consistent with the Suburban Residential land use category. However, this density is outside of the allowable density range for the Mixed Residential land use category, which covers part of this site. Therefore, the City will need to amend their 2040 Plan accordingly to ensure consistency with the Plan and accommodate the development of this project. Item 11.b.i — Water Resources: Wastewater (Roger Janzig, roger.janzig@_metc.state.mn.us) The EAW shows a direct connection to the Metropolitan Council Interceptor (9206-1). As acknowledged by the EAW, before direct connection to the Metropolitan Council Interceptor, a Sewer Connection Permit will be required. To obtain a Sewer Connection Permit; prior to initiating this project, preliminary plans should be sent to Tim Wedin, Interceptor Engineering Assistant Manager (651-602-4571) at the Metropolitan Council Environmental Services. Item 11.b.ii — Water Resources: Stormwater (Judy Sventek, 651-602-1156) The EAW states that the Project may not be able to provide stormwater runoff water quality treatment volume reduction on -site via infiltration, because of the site's location within both a high vulnerability Drinking Water Supply Management Area and DNR Wellhead Protection Area. If incorporation of this stormwater best management practice will not be possible, Council staff recommends consideration of redesign of the stormwater basins for reuse of the water for site irrigation, in lieu of commitment of City - supplied potable water for that use. The Stormwater Reuse Design Calculator was developed for Ramsey -Washington Metro Watershed District (RWMWD) for use in the design of such facilities. The Project proposer is encouraged to contact RWMWD for further information on the recommended design and facility specifications. Item 13.d. Fish, wildlife, plant communities, and sensitive ecological resources (rare features) (Cameran Bailey, 651-602-1212) Council staff recommends that surmountable curbing (Minnesota Department of Transportation Curb and Gutter Design No. Type D or S curbs) be used for all proposed project roadway medians and curbing. The more than seven acres of new stormwater basins may provide a habitat for wildlife found in nearby wetlands, lakes, ponds, and the Minnesota Valley National Wildlife Refuge corridor. Surmountable curbing will accommodate the need for movement of any new wildlife. Item 18 — Transportation (Steve Mahowald, 651-602-1322) • The EAW correctly notes park and rides in the area, however it fails to clearly note the availability of transit service and bus stops on the east side of the proposed development along Mystic Lake Drive within walking distance. Council staff recommend redesigning the internal sidewalk(s) to provide connection to the bus stops. Additionally, there is currently MVTA express service a on 17th Avenue East. While there are currently no stops along this section, the internal sidewalks network should be designed to connect to 17th Avenue East. Page 118 of 276 Mark Noble, City of Shakopee March 18, 2020 Page 3 • There are currently no sidewalks planned along the north side of 17th Avenue East and the west side of Mystic Lake Drive. Council staff recommens sidewalks to be included as part of the proposed development in these areas. This concludes the Council's review of the EAW. The Council will not take formal action on the EAW. If you have any questions or need further information, please contact Raya Esmaeili, Principal Reviewer, at 651-602-1616. Sincerely, Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Deb Barber, Metropolitan Council District 4 Raya Esmaeili, Principal Reviewer/Sector Representative/Reviews Coordinator N:ICommDevILPAICommunities\ShakopeelLetters\Shakopee 2020 Summerland Place EAW 22427-1.docx Page 119 of 276 SCOTT COUNTY TRANSPORTATION SERVICES 600 COUNTRY TRAIL EAST •JORDAN, MN 55352-9339 (952) 496-8346 • Fax: (952) 496-8365 • www.scottcountymn.gov March 17, 2020 Mark Noble City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: Summerland EAW CH 16, West of CH 83 Dear Mark: We have reviewed the EAW and offer the following comments: • Under table 3 Approvals and Permits Required, the table does not acknowledge a County access permit or County permits for any work within the County right-of-way. • Any access to CH 16 is required to be a Public Street. • The east access shall be permitted as a full public street access to CH 16 with a right turn lane on CH 16 to be constructed by the development. • The west access shall be a right in right out only public street. This requires a right turn lane on CH 16 to be constructed by the development and closure of the median opening and left turn lane. • The minimum County right-of-way to be dedicated for CH 16 is 75' from centerline. • A trail along CH 16 shall be required to be constructed per County requirements. • Any work within the County right-of-way shall require a County permit. • Noise issues may arise as traffic volumes increase on the County roadway over time. Noise attenuation is the responsibility of the City and/or developer. Thank you for the opportunity to comment. If you have any questions, please feel free to contact me. Sincerely, Craig Jenson Transportation Planner Page 120 of 276 �111111 10) |�/ � � � �� m ~ � �� I� � i� � o~.m"~��m� �I � u N w s'i',i rE A|STO R|CPRESE�R V AT|0 N 0 F F I CE K4c Mark Noble Senior Planner City of Shakopee 485 Gorman Street Shakopee, MN 55379 RE: EAW - Surnmerland Place Residential Development; on current agricultural land TI15 R22S8 9 Shakopee, Scott County SHP[JNumber: 2O2O-1171 Dear Mr. Noble: Thank you for providing this office with a copy of the Environmental Assessment Worksheet (EAW) for the above -referenced project. Based on our review of the project information, we conclude that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project, Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of1966 and 36[FR§8O0. |fthis project ismonsidenedforfedera/financia| assistance, or requires a federal permit or license, then review and consultation with our office will need to be initiated by the lead federal agency. Be advised that comments and recommendations provided by our office for this state -level review may differ from findings and determinations made by the federal agency ospart ofreview and consultation under Section 1O6, Please contact our Environmental Review Program at (651) 201-3285 if you have any questions regarding our review ofthis project. Sarah ].Beimem Environmental Review Program Manager WNNESOTxSTnTE H/ST0R|[PIRBFRVAT:ON QFF|CE unSherburne Avenue mAdirn�in/*iratio BuAidinn2o3wSaint Paul. W"°""*°zarsimaa-2m-3zor ~���p*�*m��"� - MINNESOTA POLLUTION NI Ill II I% CONTROL AGENCY 520 Lafayette Road North I St. Paul, Minnesota 55155-4194 I 651-296-6300 800-657-3864 I Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer March 16, 2020 Mark Noble Senior Planner City of Shakopee 485 Gorman Street Shakopee, MN 55379 Re: Summerland Place Environmental Assessment Worksheet Dear Mark Noble: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for Summerland Place project (Project) in the city of Shakopee, Scott County, Minnesota. The Project consists of a 115-acre residential development. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility or other interests, the MPCA staff has the following comments for your consideration. Project Description (Item 61 Please note that chloride (salt) is a growing issue for lakes, streams, and groundwater around the state. Chloride can come from both de-icing salt and water softener salt. For the proposed Project, the MPCA recommends smart salting practices for de-icing streets and driveways during the winter weather months and water softening best practices be used year-round. Additional resources are available at t'tps://www ?ca tote„rgn.tashyatr. r[5tatew e chloride resources. Water Resources (Item 111 Wastewater • The EAW should include the design capacity and actual current flow for the Metropolitan Council Environmental Services (MCES) Blue Lake Wastewater Treatment Plant (WWTP) and a map showing the sewer connection to the City and regional sewer system and location of the MCES Blue Lake WWTP. Regarding Table 6 of the EAW, flow calculations for average flow appear to be on the low side. MCES sewer access charge (SAC) usually uses 274 gallons per day per home for flow estimates. Questions regarding wastewater should be directed to Dave Sahli at 651-757-2687 or ayir .Sahµl tat .rr n.Lis. Storm water • The EAW currently proposes the use of stormwater ponds for treatment of runoff from the new impervious surfaces, but also discusses possible use of infiltration as a volume reduction practice. Infiltration systems or other volume reduction practices must first be considered unless prohibited for reasons identified in parts 16.4 through 16.21 of the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit) prior to considering wet sediment basins. The EAW discusses soils onsite that may be suitable for infiltration. However, additional analysis is needed for the site, including soil borings, along with field testing in the location of the infiltration area to ensure permeability rates do not exceed 8.3 inches per hour unless the soils are amended to reduce the infiltration rate. Other volume reduction methods that should be considered include harvest and reuse of stormwater. Page 122 of 276 Mark Noble Page 2 March 16, 2020 The EAW also states that the site is within a Drinking Water Supply Management Areas (DWSMA) classified as having a very high vulnerability. In this case, infiltration is prohibited if the Minnesota Department of Health also defined the DWSMA as an Emergency Response Area (ERA), unless the regulated MS4 permittee either performed or approved a higher level of engineering review sufficient to provide a functioning treatment system to prevent adverse impacts to groundwater. Therefore, having a high vulnerability DWSMA, alone, may not prohibit the use of infiltration. It is advisable, that the permittees incorporate green infra. truciuu pra tire` into the design plans to maintain the existing hydrology of the site and protect water quality. Questions regarding Construction Stormwater should be directed to Roberta Getman at 507-206-2629 or RoIketta,cietmanPstate m!:?:.:!: . Noise (Item 17 The MPCA appreciates the Project proposer's attention to construction noise, as well as the state noise standards. However, since the proposed Project is strictly residential, and so close to Highway 169 and other high -traffic areas, the MPCA recommends that the Project proposer do preliminary noise monitoring to determine if further mitigation may be needed for residences along the northern and/or southeastern boundaries of the proposed area (south of 169 and north of 17th Avenue). Even with the elevation difference and proposed garden and stormwater basins, it would be a best practice to understand baseline ambient noise in the proposed Project area. Doing so could help prevent issues into the future, particularly if traffic is expected to increase in the area. For noise related questions, please contact Fawkes Steinwand at 651-757-2327 or Fawkes.Stesttinwan w atte.mn.usm„m We appreciate the opportunity to review this Project. Please provide your specific responses to our comments and notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me by email at Karen.kromar@state.mnaus or by telephone at 651-757-2508. Sincerely, Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK:bt cc: Dan Card, MPCA, St. Paul Dave Sahli, MPCA, St. Paul Roberta Getman, MPCA, Rochester Fawkes Steinwand, MPCA, St. Paul Page 123 of 276 RTMENT OF NATURAL RESOURCES Groundwater Consult Memorandum Date: 03/17/2020 To: Joe Richter, Hydrologist; Nicole Lehman Area Hydrologist From: Scott R. Pearson PG, EWR Groundwater Specialist Summerland Place EAW — Scott County This memorandum has been prepared to discuss groundwater information requested by DNR staff regarding the Summerland Place EAW. Summerland Place consists of multiple adjoined parcels located in Shakopee in Scott County (Figure 1). To summarize, the project consist of converting 115 acres into 590 housing units including storm water basins, parking lots, roads and apartments. The surficial geology at the parcels consists of an alluvial terrace deposit (Figure 2). To the south, the higher elevations mark the edge of the river valley and glacial till is present at the surface. These materials may range from clay, silt, sand and gravel. A geotechnical evaluation report by Braun Intertech (4/17/2019) indicates twelve soil borings were drilled to a shallow depth 14.5 feet across the properties. It appears that the main focus of the report was to evaluate and recommend types of building foundations. Groundwater was not encountered in these borings. The geotechnical report (page 22) specified; "This geotechnical evaluation does not constitute a review of site suitability for storm water infiltr.tion or evaluate the potential impacts, if any, fro infiltration of large a , ounts of story r water." During the boring investigation silty sandy clays were encountered beneath the top soil ranging in thickness from 2 to 6 feet. The hydraulic properties of the clay on -site was not evaluated. Perched surface waters may occur. Sand and silty sands were encountered beneath the clay. A gravel pit is located along the southern parcel boundary. A 1981 soil boring log located at the pit area (unique 228358) indicates first water was found at a depth of 75 feet, in the limestone bedrock. Water well records for two city production wells 6 and 7 located to the northeast indicate Prairie du Chien bedrock occurs within 3 feet of the surface and the depth to water is 35 feet. This information suggests the first groundwater in the Prairie du Chien aquifer occurs under unconfined conditions. The depth to bedrock is variable. Bedrock is near surface to the north and deepens to the south. The Prairie du Chien Group and the Jordan sandstone form a regional aquifer system used for water supply by the City of Shakopee (Figure 3). Production wells are located less than one mile from the parcels. Minnesota Department of Health indicates Shakopee's water supply wells are vulnerable to contamination. A geological cross section using water well information from the Minnesota Well Index is included as Figure 4. A large portion of the Shakopee area is mapped as being prone to karst feature development. Summerland Place properties lie along the southern boundary of this area (Figure 5). However, there have been no karst features identified in the Shakopee area. The nearest karst feature which has been verified is located 12 miles east. Should additional groundwater review be required, a groundwater technical review could be considered as a potential next step. Page 124 of 276 Figure 1. Site Location Map 101, nelata, Vol Ile v Rai Rehsg* 0m.(00 „firl ,Rice Lake 41, five,t E 040 II 300 Am 0 E 13„ 0,11•16 rib Deo viioiong el, if, ,vagmagagm,„„ ANIOZ<;;;'" " mmr0000A— , t"44rovior'ioloiry rric V.drvy )14 emo' Ut0,00 Lake 0 L00,0041.1 e 3 loitegoiehitaif uittkauftegoelat 40,, PAM , m 1241 Amok 1 6 Legend Sonirnerllard P Ilaoa Figure 1. Location map opoi. ground o.krtz, tzchn,,licer .2„5, HH M 47-tRT,,ITET,4 ,E, Page 125 of 276 Figure 2 Lidar Hillshaded DEM 1111111111111111111111111 4,1 / [Jo- ffr 11111111111111111111111111111111 °no „nniin 111111111111111111111 111111111111' 111111111111111111111111111 111111111 ,111111111,11,11,11,11,11,11,11,11,11,11,11,111, 1,111,1,11,11,111,11,11,11,111,1,1 11 11111,11,11,11,11,11,11111111111111nninninn1111111111111111n,1,11n,Innonn 1111111111111111111111 1111111111111111111111111111111111111111111111 Legen d ro escntaR11 r Lrri menrIla rod P lace 3 1., 5 3 Nil les Page 126 of 276 Figure 3 Shakopee Water Supply Installations % Ar/rd + runs mom , t a >< EA .; « > Legend [Parcels l Permit m@Ution a etzpoltzn Szw m� , %11KI o Feet ge 127 of 276 Figure 4. Geological cross-section 0 0 J era CI J Qacu wEkm C U] uI €SI •` flLfl' Prairie du Chien Group Jordan sandstone (1s1.l onage ul) LogeA01 Page 128 of 276 RUM LrftJS wr6—filf Figure 5 Regions Prone to Karst Feature Development Ntkomn Dula, Voilkvy SVItw ,r .rrr( flIftAMOR G06), LaikV nosuura, N1441,0'1J' N11,6911Rd 10,,rhower Eden Pr' JII j")jj )101071110/ VATERWO1110 PIROMPtts Legend Parcels Regions Prone to Surface Karst Feature Development - carbonate only )1it..9 Ceu rtc di 4,600 2 300 4.600 Feet Page 129 of 276 Mark Noble, Senior Planner City ofShakopee 485Gorman St. Shakopee, MN5S379 Regarding: Public Comment on Surnmerland Place EAW Hello Mr. Noble, I am a resident of Church Addition HOA/Blakewood Townhomes that were built by Summergate Development, the same builder ofSunnnmer|andPlace. |amdisappointed that the city only looks at a small section of roadways when considering the traffic implications. Our neighborhood hagonk/onmexitthataUovxsusto go onto CtyRoad 16and then south on[1yRoad D3,and one exit onto northbound CtyRoad 83.This project, andthe gravel pit project, mj|| have a significant impact on the intersection of County Road 16/Kinlock Drive/Dean Lakes Trail and Cty Road B3and Kin|ockDrive. |tisdangerous already for ustodrive out, and even more soaspedestrians to cross Cty Road 16to use the walking paths at Dean Lakes. | ^ ^ / / Several thousand more vehicle trips with anuncontrolled intersection at County Road16/Kinlock/Dean Lakes Trail significantly increases the danger for the 160 homes in our community and should be included in traffic considerations for this project as well as the gravel pit. There have been several accidents involving vehicles leaving our neighborhood as well as the Dean Lakes Shopping Area. Page 130 of 276 On another note, I am disappointed that the city would work with Summergate, a small company that has left many new owners in our community with sub -par workmanship, unanswered requests for warranty repairs and a host of other issues. The HOA is considering legal action against them for several items they refuse to address. They are people that left the city and county out to dry (same dirty players just a new company name) mid -development. They are not equipped for a project this size— especially when they can't handle the issues at this one. Thank you for your time, Lori Smith 4101 Jarmann Lane Shakopee MN 55379 Page 131 of 276 APPENDIX B Resolution R2020-059 Page 132 of 276 11111111& V111111111111111111 111 IF 'Pv(lismAgyo Nig 111111111111111 11111111'1" 1 :1:1111111111111111111111111111111IIIIIIIIII 1111,1111, 1111111111111111111111111111111, vvvvvvvvvvvvvvvvvvyvvvvvvi 11 11111111 1,,1„1„1„1„1„1„ 11111111111111111111111111111111111111111111 vvvvvvv V111111,111111111111111111111, 11111111111 111111,11,11,ill 11111'11111111111IIIIIII 11111111111111111I111111111vvyyvy 11111 11101111111111111111111111' 111111111111111111 oolo 1111 1,11001VIIVIVIII 111111 '1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'111„„ 111111111111111111 v11111111111110.1111111 111111111111 11111VVVVVVVVV111 11,111,111111 v111111111111,1111111116 1111101111110101 0101010101010„10,1111,1,11111111111111111111111111 11:110:&1111111& 111,110 01 111111111111111 & 111111111111 /111111111111111111111 """ 0 111 111111,1,1, 111111111111111111111111111111111111111111111 `&1111111111 111,,111111111111111 1 11111 11111111111111 11 1101,0m0 11111111111 11 11111&1111111111111&111111111111111 „„&&&&000& 000 40000110111111111111110011111111111111111111,1„„ """""""'' 04111111?"0000000 000 00 01116 001,&1111100,1,1,1,1110 991111111 111111111111 0111111111111111i000000 100000 III& 11111111111111111 1'01011110111010111010011000 &1110111111&111,1,1, , 11 010 1[11000101111' v10:11 Summerland Place PUD & Preliminary Plat July 2013 version ENVIRONMENTAL ASSESSMENT WORKSHEET This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the Environmental Quality Board's website at: http://www.egb.state.mn.us/EnvRevGuidanceDocuments.htm. The EAW form provides information about a project that may have the potential for significant environmental effects. The EAW Guidelines provide additional detail and resources for completing the EAW form. Cumulative potential effects can either be addressed under each applicable EAW Item, or can be addresses collectively under EAW Item 19. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title: Summerland Place 2. Proposer: Contact person: Casey Wollschlager Title: Summergate Companies Chief Operating Officer Address: 17305 Cedar Ave #200 City, State, ZIP: Lakeville, MN 55044 Phone: 952-898-3461 Fax: Email: casey@summer-gate.com 3. RGU Contact person: Mark Noble Title: Senior Planner Address: 485 Gorman St. City, State, ZIP: Shakopee, MN 55379 Phone: 952-233-9348 Fax: Email: mnoble@shakopeemn.gov 4. Reason for EAW Preparation: (check one) Required: Discretionary: EIS Scoping X Mandatory EAW Citizen petition RGU discretion Proposer initiated If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s): Subpart 19(D) (Residential Development) 5. Project Location: County: Scott City/Township: Shakopee PLS Location (1/2, 1/2, Section, Township, Range): SE 1/2 Section 8 and SW '/4 Section 9 of Township 1 1 5 and Range 22 Watershed (81 major watershed scale): Minnesota River — Shakopee (33) GPS Coordinates: 44.777896, -93.482982 Tax Parcel Number: 279080021, 279080030, 279080690, 270470330, 270470320, 270470310, 270470340, 270470300, 270470350, 270470290 page 1 Page 134 of 276 At a minimum attach each of the following to the EAW: • County map showing the general location of the project; • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); and • Site plans showing all significant project and natural features. Pre -construction site plan and post - construction site plan. page 2 Page 135 of 276 6. Project Description: a. Provide the brief project summary to be published in the EQB Monitor, (approximately 50 words). Summergate is proposing a phased residential development on 115 acres in the City of Shakopee. The project includes developing 300 apartment units, 68 townhome units, and 222 detached unit lots totaling 590 housing units over five phases. The project also includes associated utilities, stormwater basins, parking lots, internal roads, an apartment office building, and an apartment community building. b. Give a complete description of the proposed project and related new construction, including infrastructure needs. If the project is an expansion include a description of the existing facility. Emphasize: 1) construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes, 2) modifications to existing equipment or industrial processes, 3) significant demolition, removal or remodeling of existing structures, and 4) timing and duration of construction activities. Summergate is proposing the Summerland Place residential development (project/site) within the City of Shakopee, located north of 17th Avenue East, west of Canterbury Road S, and south of US 169 (Figures 1-3, Appendix A). The site is comprised of ten parcels totaling 115 acres and will be developed to include 106 50-foot villa lots, 117 65-foot single family lots, 68 townhome units, and 300 apartment units (Figure 4, Appendix A). The project will include new infrastructure such as curb and gutter stormwater routing and treatment, watermain connection, sanitary sewer connection, and other utilities typical of a residential development. Construction will occur in five phases, with the central single-family home lots and villa lots, as well as the townhome units to the north built during the first phase. The second phase would then construct the single-family lots, villa lots, and townhomes to the east and west of the central phase one area. Phase three and four would continue to expand east and west from Phase two. Phase five would construct the apartments. The project schedule is as follows: • February 2020 — City Council EAW Review • Approximately May 2020 — PUD application approval by City • May 1, 2020 — Phase 1 Construction Start • December 1, 2020 — Phase 1 Construction End • Subsequent phases will be developed to support the housing demand. Site Preparation and Grading — Approximately 115 acres of agricultural fields will be graded for development and removed from crop production. All grading and soil disturbance activities will occur in accordance with the National Pollutant Discharge Elimination System Construction Stormwater Permit (NPDES permit) issued by the Minnesota Pollution Control Agency (MPCA) as well as project specific measures outlined in the project's Stormwater Pollution Prevention Plan (SWPPP). The site will be graded in phases as the development occurs to prevent unnecessary soil erosion. Typical subgrade preparation is expected and includes removing existing vegetation, topsoil or organic soil, soft clay and unsuitable soils, along with proper compaction of soils. Seven stormwater basins will be constructed at depths ranging between 4-10 feet below grade to allow for stoiniwater treatment. Along the north side of the site, three areas will also be constructed as one -acre gardens and an area of enhanced landscape will be constructed north of the apartments. page 3 Page 136 of 276 Utilities — • Watermain: The development will connect to the municipal water supply at the north and south/southwest portions of the development. The Shakopee Public Utilities Commission (SPUC) will be the service provider. • Sanitary Sewer: The generated wastewater will be collected on site through a network of gravity sanitary sewer pipes and will be discharged to MCES Interceptor 9206-1. It will be treated at the MCES Blue Lake Wastewater Treatment Plant (WWTP) in Shakopee. Further detail regarding the wastewater needs of the project are discussed under Item 11. • Gas Pipeline: an existing gas pipeline extends from the west side of the site to the southeast and then crosses 17' Avenue. This easement will remain through the development. Another gas pipeline is located at the north side of the site where the one - acre gardens are proposed. This easement will also remain in place. • Stormwater: an existing stormwater pipe extends from the south side of the site just west of Philipp Way to the stormwater basin located at the north side of the site. Seven stormwater basins will treat and hold water from the development. Curb and gutter will be constructed along new internal streets. • Overhead Powerlines: Existing overhead powerlines run east to west across the northern side of the project site. Three stormwater basins are located under these powerlines and no residential units are proposed at this location. Building Construction — Building construction includes 105 50-foot villas, 117 65-foot single family homes, 68 townhome units, and 300 apartment units. The houses and townhouses will have partial- or full -depth basements, or no basements depending on site conditions. Roads/Paving — The development will include internal roads with curb and gutter, sidewalk, and trails. The project will include the construction of four new east -west streets throughout the development connecting to Downing Avenue and Tyrone Drive South. Two small side streets will also be added to access townhome units. England Way and Philipp Way will both be extended to the north. An entrance to the apartments will be accessed from 17' Avenue. A trail will be constructed at the north end of the site near the stormwater basins. The trail will connect to Killarney Hills Park located east of the development near Tyrone Drive. c. Project magnitude: Table 1. Proiect magnitude of the Summerland Place Development. Total Project Acreage 144 acres Linear project length NA Number and type of residential units 300 Apartment Units, 68 Townhome Units, 222 Detached Units Commercial building area (in square feet) 0 Industrial building area (in square feet) 0 Institutional building area (in square feet) 0 Other uses — specify (in square feet) 0 Structure height(s) 1-3 stories page 4 Page 137 of 276 d. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identift its beneficiaries. The Summerland Place development is proposed by private developers. The project will provide housing to meet the needs for increased housing in the City of Shakopee and Scott County per the guided land uses. e. Are future stages of this development including development on any other property planned or likely to happen? Yes X No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. f Is this project a subsequent stage of an earlier project? Yes X No If yes, briefly describe the past development, timeline and any past environmental review. 7. Cover types: Estimate the acreage of the site with each of the following cover types before and after development: Cover types within the project site are shown below in Table 2 and in Figure 5, Appendix A. Table 2. Existing and nronosed cover tunes for Summerland Place. Before After Before After Wetlands 0 0 Lawn/landscaping 0 62 Deep water/streams 0 0 Impervious surface 0 46 Wooded/forest 0 0 Stormwater Pond 0 7 Brush/Grassland 0 0 Other (describe) 0 0 Cropland 115 0 TOTAL 115 115 8. Permits and approvals required: List all known local, state and federal permits, approvals, certifications and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are prohibited until all appropriate environmental review has been completed. See Minnesota Rules, Chapter 4410.3100. Table 3. Anurovals and Permits Required. Unit of Government Type of Application Status State Department of Natural Resources Water Appropriation Permit To be obtained, if needed Pollution Control Agency NPDES/SDS Stormwater Permit To be obtained Sanitary Sewer Extension To be obtained Department of Health Watermain Plan Review To be obtained, if needed page 5 Page 138 of 276 Unit of Government Type of Application Status Metropolitan Council Environmental Services Sanitary Sewer Extension Concurrence To be obtained Direct Connection Permit To be obtained County Scott County Final Plat Approval To be obtained Local City of Shakopee Development Application/Land Disturbance Plan To be obtained Planned Unit Development Application Approval To be obtained Preliminary and Final Plat Approval To be obtained Zoning Map Amendment To be obtained Cumulative potential effects may be considered and addressed in response to individual EAW Item Nos. 9-18, or the RGU can address all cumulative potential effects in response to EAW Item No. 19. If addressing cumulative effect under individual items, make sure to include information requested in EAW Item No. 19 9. Land use: a. Describe: i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, prime or unique farmlands. Existing Land Use Existing land use of the site is agricultural. The project contains both prime and unique farmlands. The central portion of the project site is mapped as prime farmland based on the Scott County Soil Survey (Figure 10, Appendix A). The northern part of the site adjacent to Highway 169 is identified as farmland of statewide importance. Table 4 shows which farmland classifications occur within the project site based on soil type: Table 4. Farmland Classification at Summerland Place. Soil Type Map Unit Farmland Classification DaB All areas are prime farmland WaA All areas are prime farmland DaA All areas are prime farmland DaB2 All areas are prime farmland EaB2 Farmland of statewide importance DbA Farmland of statewide importance EaA Farmland of statewide importance DbC2 Not prime farmland HeA Not prime farmland Surrounding Land Use Land use to the west, southwest, and northeast of the site is residential, with a combination of townhomes and single-family homes. Immediately east of the site is additional agricultural land, then slightly farther east are commercial buildings comprised of retail stores. The Shakopee Gravel, Inc. gravel mine is located to the southeast of the site across page 6 Page 139 of 276 17th Avenue but is guided for Single Family Residential. Highway 169 borders the site to the north. Northwest of Hwy 169 is a residential area consisting of single-family homes, the Evergreen Heights Townhomes, Shakopee Fire Depai lucent, and the King of Glory Lutheran Church. Northeast of Hwy 169 is Seagate Technology and Canterbury Park. Killarney Park is located to the east of the project site between Sharon Parkway and Tyrone Drive South. ii. Plans. Describe planned land use as identified in comprehensive plan (if available) and any other applicable plan for land use, water, or resources management by a local, regional, state, or federal agency. The planned land use for the site is guided Medium Density Residential for the western portion and Single Family Residential for the eastern portion based on the 2030 Comprehensive Plan (Figure 6, Appendix A). The Proposed Unit Development (PUD) land use is Medium Density Residential for the entire project site. iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. Current zoning of the site is R2 - Medium Residential for the western portion and RR - Rural Residential for the eastern part (Figure 7, Appendix A). The site is not located within a special district or overlay. Proposed zoning for the site will be defined by the PUD. b. Discuss the project's compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. The properties to the north and west are guided Medium Density Residential, the properties to the south and east are guided Single Family Residential, and the properties farther to the east are guided Commercial. These guided uses and the existing residential developments around the project site are all compatible with the proposed development. Minnesota state highway 169 is located directly north of the project site and the properties north of Hwy 169 are guided Medium Density Residential and Single Family Residential, consistent with the proposed site. c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. The project site is zoned as R2 — Medium Residential and RR - Rural Residential. The project will need to be rezoned as a Planned Unit Development (PUD) to meet the community density and land use goals for this site prior to construction. 10. Geology, soils and topography/landforms: a. Geology - Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. page 7 Page 140 of 276 Surface geology at the project area consists of lower terrace alluvium deposits of the Holocene and Pleistocene Epcoh (Figure 8, Appendix A). These lower terrace deposits are located 30 to 50 feet above the present flood plain, are less than 50 feet in thickness, and consist of wind and stream deposited sand and silt. According to the Minnesota Geologic Survey, bedrock at the project area is less than 50 feet below grade and consists of sandy dolomite with thin beds of quartzose sandstone of the Prairie du Chien Group (Figure 9, Appendix A). Additionally, the Minnesota Department of Health (MDH) Minnesota Well Index identified multiple domestic wells at the east adjacent residential development that encountered limestone bedrock less than 50 feet below grade. The Minnesota DNR Aggregate Resource Web Map did not identify any gravel pits at the project area and the sand and gravel quality is identified as good to moderate with a water table greater than 20 feet below the land surface. A sand and gravel mine is located to the southeast of the property. According to the Minnesota Karst Land Map, the project area is located in a region that is prone to surface karst feature development. Due to the shallow and soluble bedrock (limestone and dolomite) identified at the project area, there is a potential for karst conditions to be problematic for future development of the site, if present. Stormwater basins overlying karst features have the potential of creating sinkholes as a result of the additional weight of water. The use of infiltration stormwater basins in combination with soluble bedrock conditions can lead to erosion of bedrock and may allow pollutants to rapidly pass through the subsurface into the groundwater creating a greater risk of ground water contamination. b. Soils and topography - Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability or other soils limitations, such as steep slopes, highly permeable soils. Provide estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections or other measures. Erosion/sedimentation control related to stormwater runoff should be addressed in response to Item ll.h.ii. Table 5 lists the soils in the project area (Figure 10, Appendix A). The soils on the site are all generally well drained or somewhat excessively drained and non-hydric with a hydric rating of 10 percent or less. The geotechnical evaluation indicated that sand and silt samples from soil boings showed moisture content generally below optimum moisture contents. The clay soil samples were likely wetter than their optimum moisture content. The existing site topography is relatively flat across the portion of the site with proposed housing, ranging from 814 ft to 818 ft above mean sea level (AMSL). The northern part of the site slopes slightly downhill to the north to an elevation of 794 ft AMSL, but slopes are generally less than 12% with low erosion risk. According to the Web Soil Survey, erosion hazard for the majority of the site is slight with an area of moderate erosion hazard located near the north end of the site where the proposed storm basins will be located. Limitations from soil stability are not anticipated within the project site. Approximately 115 acres of land will be graded for this project and 432,000 cubic yards of material will be moved, with the majority of excavation occurring in the stormwater basin locations. Excavated materials will be page 8 Page 141 of 276 reused onsite. Based on the geotechnical report, on -site soils free of organic materials are suitable for reuse onsite as fill. Silty or clayey soils are present onsite, and if disturbed, may require additional moisture conditioning and compacting to stabilize if disturbed. As noted in the geology section, this site is located in an area that is prone to surface karst features which may have implications during excavation. The project will be required to prevent erosion and control sedimentation per the NPDES/SDS stormwater construction permit. Table 5. Scott County Soil Surve Map Unit Symbol Soil Name Percent Slope DaA Dakota loam 0% to 2% DaB Dakota loam 2% to 6% DaB2 Dakota loam 2% to 6%, moderately eroded DbA Dickman sandy loam 0% to 2% DbB Dickman sandy loam 2% to 6% DbC2 Dickman sandy loam 6% to 12%, moderately eroded EaA Estherville loam and sandy loam 0% to 2% EaB2 Estherville loam and sandy loam 2% to 6%, moderately eroded HdB2 Sparta fine sand 2% to 6% HeA Sparta loamy fine sand 0% to 2% HeB2 Sparta loamy fine sand 2% to 6% Ta Terrace escarpments N/A TcB Terril loam 2% to 6% WaA Waukegan silt loam 0% to 2% NOTE: For silica sand projects, the EAW must include a hydrogeologic investigation assessing the potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water. Descriptions of water resources and potential effects from the project in EAW Item 11 must be consistent with the geology, soils and topography/land forms and potential effects described in EAW Item 10. 11. Water resources: a. Describe surface water and groundwater features on or near the site in a.i. and a.ii. below. i. Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the currentMPCA 303d Impaired Waters List that are within 1 mile of the project. Include DNR Public Waters Inventory number(s), if any. The DNR National Wetlands Inventory depicts one wetland within the project site (Figure 11, Appendix A). The wetland is depicted as a PEM1Af freshwater emergent wetland within the agricultural field; however, an official wetland delineation has been conducted for the site and it was detennined that no wetlands are present. No DNR Public Water basins or watercourses, intermittent channels, or county/judicial ditches are located within the site. The Minnesota River (DNR PWI No. 104280) is located 1.8 miles to the north and Deans Lake page 9 Page 142 of 276 (DNR PWI No. 70007401) is located 0.75 miles to the east of the site. No MPCA 303d impaired waters are located within one mile of the site. ii. Groundwater — aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is within a MDH wellhead protection area; 3) identification of any onsite and/or nearby wells, including unique numbers and well logs if available. If there are no wells known on site or nearby, explain the methodology used to determine this. The City of Shakopee pulls water from the Jordan, Mt. Simon, and Franconia/Ironton- Galesville aquifers at varying depths below the surface. The Jordan aquifer generally supplies wells near the project site. According to the DNR Spring Inventory, no natural springs or seeps are located within the project site. The Minnesota Hydrogeology Atlas HG-03 shows the groundwater to be more than 10-20 ft below the surface in the west part of the site, more than 20-30 ft below the surface in the east part of the site, and more than 30-40 ft below the surface at the far east edge of the site. The geotechnical evaluation of the site reported that groundwater was not encountered in any soil borings to depths of 14 '/z feet below existing grade, but seasonal fluctuations of groundwater should be anticipated. According to the Minnesota Well Index, no wells are located within the project area. The nearest wells to the site are private domestic wells located at the homes along Sharon Parkway and Tyrone Drive to the northeast of the site. The well logs at the residences along Sharon Parkway show the static water level between 65 and 75 feet below the surface. If unknown wells are encountered during construction, they will be properly sealed per Minn. R. ch. 4725. The project is located within the Shakopee wellhead protection area (ID No. 48201) and within the Shakopee drinking water supply management area (ID No. 482). Because the site is located within a "High Vulnerability" Drinking Water Supply Management Area (DWSMA) and also within a DNR Wellhead Protection Area, stormwater BMP design must follow the process for determining applicability of infiltration onsite. b. Describe effects from project activities on water resources and measures to minimize or mitigate the effects in Item b.i. through Item b.iv. below. Wastewater - For each of the following, describe the sources, quantities and composition of all sanitary, municipal/domestic and industrial wastewater produced or treated at the site. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of municipal wastewater infrastructure. Municipal/domestic wastewater generated from the project will be treated at the MCES Blue Lake WWTP in Shakopee and the Blue Lake WWTP has adequate capacity to treat the additional flow. The generated wastewater will be collected on site through a network of gravity sanitary sewer pipes and will be discharged to MCES Interceptor 9206-1 at one of two locations: page 10 Page 143 of 276 1) An estimated 105 residential units will ultimately be connected to an existing 15-inch sanitary sewer main owned by the City of Shakopee. The 15-inch City sewer main connects to MCES Interceptor 9206-1 near the northwestern corner of the proposed development. 2) An estimated 485 residential units will be directly connected to the MCES Interceptor through a new 8-inch connection about 1200 feet west of Eagle Creek Boulevard. Table 6. Summary of the estimated wastewater flows anticipated from the project. MCES Connection No. of Units Average Flow (gpd) Peak Flow (gpd) Connection Size (in) Existing (west) 105 25,020 100,080 8 New (east) 485 78,110 312,440 8 Totals 590 103,130 412,520 According to MCES staff, with the City's recent adoption of its 2040 Comprehensive Plan, development of the service area south of Interceptor 9206-1 can begin and the Interceptor has adequate capacity to convey flows from the proposed project. 3) If the wastewater discharge is to a subsurface sewage treatment systems (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. Wastewater will not discharge to a subsurface sewage treatment system. 4) If the wastewater discharge is to surface water, identify the wastewater treatment methods and identify discharge points and proposed effluent limitations to mitigate impacts. Discuss any effects to surface or groundwater from wastewater discharges. Wastewater will not discharge to a surface water. ii. Stormwater - Describe the quantity and quality of stormwater runoff at the site prior to and post construction. Include the routes and receiving water bodies for runofffrom the site (major downstream water bodies as well as the immediate receiving waters). Discuss any environmental effects from stormwater discharges. Describe stormwater pollution prevention plans including temporary and permanent runoff controls and potential BMP site locations to manage or treat stormwater runoff. Identify specific erosion control, sedimentation control or stabilization measures to address soil limitations during and after project construction. Existing Conditions Under existing conditions, the site contains primarily agricultural crop land with a small wetland identified by the National Wetland Inventory (NWI) shown in Figure 11. The total site size is approximately 115 acres. According to the FEMA's Flood Insurance Rate Map (FIRM), the site is located in a Zone X and is not in the 100-year floodplain. page 11 Page 144 of 276 The western half of the site drains to the north into an existing stormwater pond within MnDOT right-of-way just south of Highway 169. An existing 48-inch diameter storm pipe is shown through the western area of the site to direct drainage from the residential development to the south into the stormwater pond. The eastern half of the site drains to the northwest into the storm sewer system along Eagle Creek Boulevard where it eventually flows to Blue Lake via the Prior Lake Outlet Channel. The Natural Resources Conservation Service (NRCS), formerly Soil Conservation Service (SCS) publishes soil data for Scott County, available on the Web Soil Survey. The soils are generally characterized as hydrologic soil group (HSG) A and B based on the Web Soil Survey. Conservatively, curve numbers used for modeling purposes for this EAW were defined using the HSG B classification for both existing and proposed conditions. A HydroCAD model was created to evaluate existing discharge rates for the site. The model was based on current site conditions. Atlas 14 MSE3 storm event depths that were simulated in the model are provided in Table 7 below. Rate control will be required for the 2-year, 10-year, and 100-year 24-hour rainfall events. Table 7: Atlas 14 MSE3 Storm Events Storm Event Rainfall Depth (in) 2-Year, 24-hour 2.86 10-Year, 24- hour 4.24 100-Year, 24- hour 7 39 Existing peak discharge rates for the site are provided in Table 8. Table 8: Existing Peak Discharge Rates Leaving the Site Storm North Discharge Rate (cfs) Northeast Discharge Rate (cfs) 2-Year 64.8 35.5 10-Year 127.0 74.1 100-Year 280.1 172.1 Relevant Regulations and Considerations The City of Shakopee regulates stormwater runoff rate, volume and water quality. These regulations are detailed in the City of Shakopee Design Criteria, dated October 2017 and City of Shakopee Chapter 54 Ordinance: Water Resources Management. The site is located within the Lower Minnesota Watershed District. This watershed district has adopted standards that must be implemented by the City of Shakopee but does not currently have a permitting program of their own. page 12 Page 145 of 276 The site must meet the following criteria: • Capture and retain on site 1.0 inches of runoff from the new impervious surfaces in post -construction conditions. • Maintain existing flow rates for the 2, 10, and 100-year 24-hour Atlas 14 storm events. • It is required to have a no net increase from pre -project conditions of TSS and TP. The water quality control standards shall be considered satisfied if the volume control standard has been satisfied. • If ponding is used, a permanent pool pond volume equal to 2.5 inches of rainfall over the entire contributing drainage area, assuming full development. • Pretreatment must be provided if infiltration or filtration is used. The site is located within a "High Vulnerability" Drinking Water Supply Management Area (DWSMA) and also within a DNR Wellhead Protection Area. Stormwater BMP design must follow the process for determining applicability of infiltration onsite. This project will disturb more than one acre of land and will need to obtain an NPDES Construction Stormwater General permit from the MPCA. Following the rules and regulations in this permit, the project will utilize best management practices (BMPs) to prevent erosion and control sedimentation. The location and maintenance of all BMPs used on this project will be described in the project Stormwater Pollution Prevention Plan (SWPPP). Changes to BMPs during construction will also be documented in the SWPPP. All grading and erosion control plans shall also conform to the most recent editions of the Minnesota Stormwater Manual, the National Urban Runoff Program (NURP), MPCA Minimal Impact Design Standards (MIDS), the City of Shakopee Surface Water Management Plan, and City Standard Detail Plates. Proposed Conditions The proposed concept plan shows a mixture of single-family homes, townhomes and apartment buildings (Figure 4, Appendix A). The estimated total amount of impervious for this development is 46.3 acres. Retaining 1.0-inch from the total new impervious requires a total of 3.9 acre-feet or approximately 168,000 cubic feet of stormwater to be retained on site if using infiltration. A HydroCAD model was used to approximate the proposed discharge rates for the site. The proposed model was based on the preliminary concept development design and it was assumed that existing drainage patterns will be maintained post -project. Table 9 below shows the approximate proposed discharge rates prior to any stormwater management BMPs. page 13 Page 146 of 276 Table 9: ProDosed Peak Discharge Rates Leaving the Site Storm North Discharge Rate (cfs) Northeast Discharge Rate (cfs) 2-Year 72.4 48.3 10-Year 141.7 94.4 100-Year 312.3 207.3 Proposed stormwater discharge rates for both the north and northeast point will be required to be less than existing. A geotechnical evaluation, including soil borings, was completed for the site in April 2019. Soil boring results indicate poorly graded sand and silty sand is most prevalent. Groundwater was not observed in any soil boring. The soil type indicates that infiltration could be evaluated as a possible stormwater BMP to meet volume control, pending approval of infiltration within a "High Vulnerability" DWSMA. If infiltration is not recommended, the development might utilize alternative volume reduction BMPs, filtration BMPS, or stormwater ponds. The current concept plan shows approximately 7.5 acres of stormwater ponds. The proposed storm sewer system for the site will be routed to the stormwater ponds or other proposed onsite BMPs. The proposed ponding areas shown in the concept plan will need to be further evaluated as the project moves forward. Existing drainage patterns will need to be maintained along with following the requirements outlined in the previous section. The design plans and stormwater management report need to be submitted for review prior to the City issuing a grading permit. iii. Water appropriation - Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Water appropriation may be needed during construction in locations that may have a shallow water table or perched water table. Summergate will apply for a permit through the DNR if appropriation is in excess of 10,000 gallons per day or one million gallons per year. The quantity and duration of pumping will depend on the needs at the time of construction. Pump inlets and outlets will be protected with BMPs to prevent transport of latent sediments from the construction dewatering operation. There are no groundwater - dependent natural features in the project area and water will generally remain within its source. No environmental effects from construction -related water appropriation are anticipated. page 14 Page 147 of 276 No known wells are located within the project area and well abandonment is not anticipated (Figure 12, Appendix A). The western two-thirds of the proposed development is within the 2030 and 2040 Metropolitan Urban Service Area (MUSA) and the remaining portion of the project site is undesignated. According to the MPCA, the undesignated areas of the MUSA are areas where an agreed upon acreage of urban sewer service can be added. The development will connect to the City of Shakopee municipal water supply through SPUC. This connection will provide a positive impact to the city infrastructure by improving the looping system in this area of the community with connections from the east and the south/southwest. iv. Surface Waters a) Wetlands - Describe any anticipated physical effects or alterations to wetland features such as draining, filling, permanent inundation, dredging and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the same minor or major watershed, and identify those probable locations. The DNR Wetlands Inventory shows one mapped wetland within the project area (Figure 11, Appendix A). The wetland is described as a palustrine emergent persistent temporarily flooded farmed wetland (PEM1Af). The site was further investigated, and a wetland delineation was conducted within the project area which found that there are no wetlands located within the site. The Local Government Unit (LGU), the City of Shakopee, administering the Wetland Conservation Act (WCA) approved this decision. Therefore, no wetlands are located within the project and impacts to wetlands will not occur. b) Other surface waters- Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal and riparian alteration. Discuss direct and indirect environmental effects from physical modification of water features. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in -water Best Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. No surface water features are located within the project area. Stonnwater runoff from the site will be directed to seven stormwater basins for treatment and retention onsite. This project will not affect surface water features. page 15 Page 148 of 276 12. Contamination/Hazardous Materials/Wastes: a. Pre project site conditions - Describe existing contamination or potential environmental hazards on or in close proximity to the project site such as soil or ground water contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects froin pre -project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. Publicly available data from the MPCA database was reviewed to identify verified or potentially contaminated sites that may be encountered during the proposed development (Figure 13, Appendix A). The following database listings were reviewed: • MPCA "What's in my neighborhood'?" website • MPCA Storage Tank Leak Site website • US Department of Agriculture "What's in my neighborhood?" website No listings are located within the project area according to the "What's in my neighborhood?" mapping application. Within 1,000 feet of the project area, there are eight records: 1. Prairie Village 4`h & 5`h Addition (Site ID 5671) — Construction stormwater permit 2. Sun Path Elementary School (Site ID 131017) — Underground tanks 3. Shakopee Area Catholic School (Site ID 69747) — Construction stormwater permit 4. Dublin Square (Site ID 49648) — Construction stormwater permit 5. Danny's Construction Co Inc (Site ID 21260) — Hazardous waste, very small quantity generator 6. Formerly Distribution Construction Co (Site ID 105672) — Underground tanks 7. St. Francis Radiology Therapy Center Inc (Site ID 27584) — Hazardous waste, very small quantity generator 8. Shakopee Tire & Auto (Site ID 97395) — Hazardous waste, very small quantity generator These records will have no adverse effect or potential for contamination to the project site. If any contaminated soil/groundwater or hazardous material is encountered during construction, necessary steps to remediate will be taken. b. Project related generation/storage of solid wastes - Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. No known solid wastes are located on the site prior to development. If any petroleum tanks or other chemical tanks are encountered during construction, they will be accounted for and properly disposed of. Solid wastes and construction debris generated will be those typical of construction of residential development. Solid wastes and construction debris will be disposed of in conformance with state standards. page 16 Page 149 of 276 The proposed development includes residential housing. No manufacturing or industrial facilities are planned for the site. Solid wastes typical of a residential development will be generated by this site after construction is completed. Homeowners will be required to dispose of solid wastes through a licensed hauler, consistent with the City's policies. c. Project related use/storage of hazardous materials - Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location and size of any above or below ground tanks to store petroleum or other materials. Discuss potential environmental effects from accidental spill or release of hazardous materials. Ident measures to avoid, minimize or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. Small amounts of hazardous materials typical of a construction site (e.g. fuel, oil, paint, hydraulic fluid, etc.) will be stored in approved, sealed containers and proper storage conditions. As required by the NPDES permit pollution prevention measures (Minn R ch. 7090), containers will have secondary containment where applicable. d. Project related generation/storage of hazardous wastes - Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of hazardous waste including source reduction and recycling. Construction of this project will not involve the generation of significant amounts of hazardous waste beyond those typical of a construction site. All hazardous materials and/or toxic wastes generated during construction will be disposed of in compliance with the Minn. R. ch. 7045. No adverse effects to the site will occur with the minimal generation of hazardous wastes. Contamination from construction materials will be minimized by following the pollution prevention measures of the NPDES permit. page 17 Page 150 of 276 13. Fish, wildlife, plant communities, and sensitive ecological resources (rare features): a. Describe fish and wildlife resources as well as habitats and vegetation on or in near the site. The project site consists of cropland and is surrounded by impervious surfaces (residential and industrial development) and a sand/gravel mine. Few natural habitats such as forests, native grass meadows, or water resources are located within the project area or the surrounding vicinity that would benefit wildlife. A few mixed trees are located at the eastern edge of the project as a farm wind break, but do not fonn a large enough area to provide substantial wildlife habitat. These trees also do not provide connectivity to other natural resources. b. Describe rare features such as state -listed (endangered, threatened or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. Provide the license agreement number (LA-789) and/or correspondence number (ERDB 20200177) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe the results. A Natural Heritage Information System (NHIS) database search (LA-789) did not show any state - listed rare features within the project site or nearby. An official NHIS request was also sent to the DNR, who determined that the project would not negatively affect any known occurrences of rare features (Appendix B). According to the Fish and Wildlife Service's Information for Planning and Consultation tool (IPaC), the northern long-eared bat (Myotis septentrionalis) is a federally threatened species that may be found in Scott County. The site has limited to no habitat available for this species. Tree removal will consist of 15-18 trees along the southwest side of the site adjacent to 2530-2590 Queen Drive. The project proposer will be required to incorporate these removals into their tree management and landscaping plan to be approved by the City. According to the DNR hibernacula/roost site map, the project is not listed within a township of concern. A known roost site is located in the township to the west, but this project will not affect that area. No other federally listed species are located within the project location's county. c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be affected by the project. Include a discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to know threatened and endangered species. The existing conditions at the site are cropland with limited and unsuitable natural habitats for fish, wildlife, plant communities, and rare features. Agricultural landcover, such as plowed open space or crop thatch, may be used as a landing area for birds such as geese or sandhill cranes, or by other species typical of an agricultural area such as deer, coyotes, raccoons, squirrels, etc., but these types of wildlife species are generally well adapted to agricultural, disturbed, and suburban environments outside of preferred natural habitats. This project will involve grading and excavation within the project site, construction of internal roads, and development of residential lots, townhomes, and apartments. The development of this site will not impact any existing natural resources that benefit wildlife. After development of the site is complete, it is likely that the site will no longer be used as a landing area for geese and cranes, if currently used. Other species well adapted to suburban environments may still be found at the site post -construction. Given that the existing conditions are page 18 Page 151 of 276 unsuitable wildlife habitat, no effects to fish, wildlife, plant communities, or rare features are expected. Invasive species may occur within or near the edges of the site due to the frequent soil disturbance from agricultural activities. No site -specific information regarding the presence of invasive species has been collected. The US Department of Agriculture National Invasive Species Information Center, Minnesota Department of Agriculture (MDA), and the DNR provide information regarding BMPs to prevent the spread of noxious weeds and invasive species. Appropriate actions such as cleaning equipment, destroying existing invasive species, and limiting soil disturbance in areas of known invasive species will limit the spread and contamination of other areas of the project site. If necessary, spraying invasive species with an herbicide may be necessary for control, especially in locations of soil grading and stockpiling between project phases. d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. Development will convert agricultural land to residential housing and will not have adverse effects to fish, wildlife, plant communities or sensitive ecological resources. While there are not high -quality plant or wildlife resources, some impact to wildlife resources could be anticipated from the conversion of open space to housing. BMPs, active management, and project phasing will be used to prevent the spread of any possible invasive species onsite. 14. Historic properties: Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3) architectural features. Attach letter received from the State Historic Preservation Office (SHPO). Discuss any anticipated effects to historic properties during project construction and operation. Identift measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. A database search request was sent to the State Historic Preservation Office (SHPO) on October 21, 2019 for any known listings of historical properties or archaeological sites within the project area (Appendix B). The response from SHPO dated October 22, 2019 indicated that there are no listings within the project area. 15. Visual: Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. There are no scenic views or vistas on or near the project site. The site is located within relatively flat terrain and is located in a highly developed suburban area. The development will be similar to other developments in the area and will not generate vapor plumes or intense lights when complete. Therefore, no visual impacts are anticipated. 16. Air: a. Stationary source emissions - Describe the type, sources, quantities and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air page 19 Page 152 of 276 pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health or applicable regulatory criteria. Include a discussion of any methods used assess the project's effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. No stationary source of emissions is anticipated with the development of this area. b. Vehicle emissions - Describe the effect of the project's traffic generation on air emissions. Discuss the project's vehicle -related emissions effect on air quality. 'dentin, measures (e.g. traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle -related emissions. The EPA has identified a group of 93 compounds emitted from mobile sources that are listed in their Integrated Risk Information System (IRIS). In addition, the EPA identified seven compounds with significant contributions from mobile sources that are among the national and regional -scale cancer risk drivers. These are acrolein, benzene, 1, 3-butadiene, diesel particulate matter, plus diesel exhaust organic gases (diesel PM), formaldehyde, naphthalene, and polycyclic organic matter. While Federal Highway Administration (FHWA) considers these the priority mobile source air toxics, the list is subject to change and may be adjusted in consideration of future EPA rules. EPA rule requires controls that will dramatically decrease Mobile Source Air Toxin (MSAT) emissions through cleaner fuels and cleaner engines. For this EAW, the amount of MSAT emitted would be proportional to the average daily traffic (ADT). The ADT estimated for the proposed site development is higher than that for the no build condition, because the project involves new development that produces additional trips. This increase in ADT means MSAT under the build scenarios would probably be higher than the no build condition in the project area. There could also be localized differences in MSAT from indirect effects of the project such as associated access traffic, emissions of evaporative MSAT (e.g., benzene) from parked cars, and emissions of diesel particulate matter from delivery trucks. Travel to other destinations would be reduced with subsequent decreases in emissions at those locations. For the proposed site development, emissions are virtually certain to be lower than present levels in the design year as a result of EPA's national control programs that are projected to reduce annual MSAT emissions by 72 percent from 1999 to 2050, as shown in the following graph. The magnitude of the EPA -projected reductions is so great (even after accounting for ADT growth) that MSAT emissions in the project area are likely to be lower in the future than they are today. page 20 Page 153 of 276 NATIONAL MSAT EMISSION TRENDS 1999 - 2050 FOR VEHICLES OPERATING ON ROADWAYS USING EPA's MOBILE6.2 MODEL 150000 2004 2010 2020 2030 Calendar Year 2040 2050 Note: (1) Annual emissions of polycyclic organic matter are projected to be 561 tons/yr for 1999, decreasing to 373 tons/yr for 2050. (2) Trends for specific locations may be different, depending on locally derived information representing vehicle -miles travelled, vehicle speeds, vehicle mix, fuels, emission control programs, meteorology, and other factors Source: U.S. Environmental Protection Agency. MOBILE6.2 Model run 20 August 2009. The U.S. Environmental Protection Agency (EPA) has designated all of Hennepin, Ramsey, Anoka, and portions of Carver, Scott, Dakota, Washington, and Wright Counties as a maintenance area for carbon monoxide. The EAW project area is in Scott County in the City of Shakopee which is in this carbon monoxide maintenance area. In summary, it is expected there will be slightly higher MSAT emissions in the project area with the project relative to the no build condition due to increased ADT. There also could be increases in MSAT levels in a few localized areas where ADT increases. However, the EPA's vehicle and fuel regulations will bring about lower MSAT levels in the future when compared to today. c. Dust and odors - Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. During construction, particulate emissions will temporarily increase due to generation of fugitive dust. The nearest and most sensitive receptors to the construction activity are the residential page 21 Page 154 of 276 properties that immediately surround the property. Construction dust control is required to be in conformance with City ordinances and the NPDES Construction Stormwater permit. The construction and operation of the proposed site development is not anticipated to involve processes that would generate odors. 17. Noise Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise standards, and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. Construction noise levels and types typical of construction equipment will occur because of this project. Construction noise will be limited to daytime hours consistent with the City's construction and noise ordinances. Construction equipment will be fitted with mufflers that will be maintained throughout the construction process. Table 10 below summarizes the peak noise levels of common types of construction equipment. Table 10: Typical Roadway Construction Equipment Noise Levels at 50 Feet. Equipment Type Manufacturers Sampled Total Number of Models in Sample Peak Noise Level Range Average Backhoe 5 6 74-92 83 Front Loader 5 30 75-96 85 Dozer 8 41 65-95 85 Grader 3 15 72-92 84 Scraper 2 27 76-98 87 Pile Driver N/A N/A 95-105 101 Source: United States Environmental Protection Agency and Federal H'ghway Administration 18. Transportation a. Describe traffic -related aspects of project construction and operation. Include: 1) existing and proposed additional parking spaces, 2) estimated total average daily traffic generated, 3) estimated maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip generation rates used in the estimates, and 5) availability of transit and/or other alternative transportation modes. No parking spaces exist currently at the project site. Parking demand for the single-family homes will include on -street parking and parking in the driveways and garages. The townhomes have 46 additional parking spots available for guests in addition to a two -car garage and allowance for two cars to park in the driveway. Parking for the apartment building is anticipated to be between 1.5-1.7 parking spots per unit. The final number of parking spaces will be determined upon final design. A traffic study was completed for this project and is included in Appendix C. The current development proposal consists of a total of 590 residential units; which includes 222-units of single- family housing, 68-units of townhomes, and a 300-unit apartment building. Several existing access locations are provided to the single-family and townhome components. Two full -access locations along CR 16 are planned for the apartment building. page 22 Page 155 of 276 Traffic forecasts were developed for the study area to help determine short- and long-term transportation infrastructure needs within the study area. The forecasts were developed using a combination of general area historical growth trends, trip generation estimates based on the proposed development and data within the Scott County Regional Travel Demand Model. The proposed development is expected to generate approximately 303 a.m. peak hour, 389 p.m. peak hour, and 4,226 daily site trips. Additional development may occur east of the Summerland development, which may account for more daily trips, especially retail and non -retail trips. Park and Ride stations are located east of the project site, near the intersection of Eagle Creek Boulevard and CSAH 21 as well as west of the project near the intersection of 17th Avenue and Marschall Road. Both provide alternative transportation modes for the area. b. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project's impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation's Access Management Manual, Chapter 5 (available at: http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance, Results of the year 2025 no build condition intersection capacity analysis indicates that the lane utilization and queuing issues identified under existing conditions is expected to degrade. The CR 83/Eagle Creek Blvd intersection is expected to operate at a LOS E, and northbound queues from the intersection are expected to impact operations at the CR 83/CR 16 intersection. Results of the year 2025 build condition intersection capacity analysis indicate that operational issues identified under the year 2025 no build condition are expected to degrade as development occurs. In addition to the issues identified under the year 2025 no build condition, the northbound left -turn movement at the CR 16/Independence Drive intersection is expected to operate near the LOS E/LOS F range during the p.m. peak hour. Potential mitigation measures are discussed below and are further outlined in the traffic study (Appendix C). c. Identify measures that will be taken to minimize or mitigate project related transportation effects. To address the future capacity and/or queuing issues identified, the following improvements are recommended: 1) CR 83/Eagle Creek Boulevard Intersection a. Construct an advanced turn -lane from the US 169 South Ramp intersection through the CR 83/Eagle Creek Boulevard intersection. The advanced turn -lane is provided by extending the inside northbound right -turn lane at the US 169 South Ramp intersection to Eagle Creek Boulevard and constructing an additional northbound thru lane at Eagle Creek Boulevard that feeds into the extended northbound right -turn lane. Note that this improvement was previously identified in the Canterbury Commons Areawide Transportation Assessment. page 23 Page 156 of 276 This improvement will be assumed to be completed under the year 2040 intersection capacity analysis. 2) CR 16/Independence Drive a. Monitor the CR 16/Independence Drive intersection to determine if/when a traffic signal should be considered. 19. Cumulative potential effects: (Preparers can leave this item blank if cumulative potential effects are addressed under the applicable EAW Items) a. Describe the geographic scales and timeframes of the project related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. Development of Summergate is expected to begin in 2020. The only other development project currently in planning for the surrounding area, Shakopee Gravel as described below, is not expected to begin prior to development of the Summergate development. Given the separate timeframes and current condition of the Shakopee Gravel site, it's not expected that the projects would combine to cause cumulative potential effects. b. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. The City is reviewing a mixed -use concept plan for the Shakopee Gravel site which is located to the southeast of the site across 17' Avenue. The concept plan for this site includes 338 single family and townhome lots as well as one smaller commercial site and two larger industrial buildings. This project will require an EAW if they proceed beyond the PUD concept review. Given the land uses surrounding the Summergate site and the current condition of the Shakopee Gravel site, the proposed mixed -use development at Shakopee Gravel is not anticipated to cause cumulative environmental effects in combination with the proposed Summergate Development. A variety of projects are also continually reviewed near the Canterbury Park area, but not in the immediate vicinity of the proposed development. c. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. The project will not cause any known or reasonably expected cumulative potential effects. 20. Other potential environmental effects: If the project may cause any additional environmental effects not addressed by items 1 to 19, describe the effects here, discuss the how the environment will be affected, and identify measures that will be taken to minimize and mitigate these effects. The project will not cause any known or reasonably expected cumulative potential effects. page 24 Page 157 of 276 RGU CERTIFICATION. (The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor.) I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9c and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title Page 158 of 276 page 25 APPENDIX A — FIGURES Appendix Page 159 of 276 )or srn mt PO K `\I h4914 QICI0k( 03 M ea 4 'AW F lY'e+ 3F" '% Count ' l (0 D0 t eve i @'YJ11 /220 y 4D 6:2AM i'is 1(I I 6 % 410 II "W 1 VI w00 i 41,4 @° co SS F a II Ily'" C 4 1 0 0), ��� 7// �; �, Iox fN*mi CfC s NOM ( 4 W 4 l C (13 w.+ AJ 4' i pp/'� l ��� /yy/JY�'ppj�(�I /�����/� l"�aNl�Y j �jp ���/iQ� in Y y,, A, ii 0 as 1 10 I r l, I� , J j j II le i. 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G|venthe project detaUspnovidedm/iththeda{anwquesthorrm,|domotbe|icvethepnopomedprojectm/iUne8a1|vek/ affect any known occurrences of rare features. The Natural Heritage Information System (NHIS)a collection of databases that contains information about Minnesota's ,are natural features, is maintained by the Division of Ecological and Water Resources, Department of Natural Resources, The NH|Sis continually updated as new hmfornnmMmn becomes avaNab(e, and is the most cmrnpUmteaourcenfdataonKAinnesota'srareorotherwixesign|Mcantspedes,nativep|antoornrnumbies,andother natural features. However, the NH|S is not an exhaustive inventory and thus does not represent all of the occurrences of rare feotuirea within the state. Therefore, ecologically sigm|ficant features for which we have no records may exist xv|thinthe project area. |fadditional information becomes available regarding rare features inthe vicinity ofthe project, further review may be necessary. For environmental review purposes, the results of this Natural Heritage Review are valid for one yeair; the results are only vaWd for the project location (noted above) and the project description provided on the NH|S Data Request Form. Piease contact me if project details change or for an updated review |fconstruction has not occurred within, one year. The Natura� Heritage Review does not constitute review or approval by the Department of Natural Resources as a whole, Instead, it identifies issues regarding known occurrences ofrare features and pu1en1ia| effects tothese nanefeatures. If needled, pl�ea,oecontact your to determine whetherthere are other natural resource concerns associated with the proposed project. P|maoa be aware that additional site assessments orreview may berequired, Page 174 of 276 Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Please include a copy of this letter in any state or local licenise or permit application, Aninvoice will bemailed to you under separate cmV2C Samantha Bump Natural Heritage Review5pedaV|st Links: DNR Regional Environmental Assessment Ecologist Contact Info ht1p://wwvw.dmr.state.nnm.us/eco/erevievv/erp_re8iomcontacts.htnn( Page 2 of 2 Page 175 of 276 From: K8N_MN|T_DataRequet SHPO<DataRequestSHPO@statemnus> Sent: Tuesday, October ZZ'ZO19Z1ZPM To: Alison Harwood Subject: RE: SHPO Inquiry - Surnmergate Development Shakopee Hello Alison, Our database has noarchaeologic orhistoric records for the given area. Jim PE PARTM ENTOF A0,M I N8STR AVON smIE*IPSonorRESEmww"ONoWCc SHPO Data Requests Minnesota State Historic Preservation Office 5OSherburne Avenue, Suite 2O3 Saint Paul, MN55ISS datar Notice: This email message simply reports the results of the cultural resources database search you requested. The database search is only for previously known archaeological sites and historic properties. IN NO CASE DOES THIS DATABASE SEARCH OR EMAIL MESSAGE CONSTITUTE A PROJECT REVIEW UNDER STATE OR FEDERAL PRESERVATION LAWS — please see our website at for further information regarding our Environmental Review Process. Because the majority of archaeological sites in the state and many historic/architectural properties have not been recorded, important sites orproperties may exist within the search area and may be affected by development projects within that area. Additional research, including field surveys, may be necessary to adequately assess the area's potential to contain historic properties orarchaeological sites. Properties that are listed in the National Register of Historic Places (NRHP) or have been determined eligible for listing in the NRHP are indicated on the reports you have received, if any. The following codes may be on those reports: NR — National Register listed. The properties may be individually listed or may be within the boundaries of a National Register District. CEF — Considered Eligible Findings are made when a federal agency has recommended that a property is eligible for listing in the National Register and MN SHPO has accepted the recommendation for the purposes of the Environmental Review Process. These properties need to befurther assessed before they are officially listed in the National Register. SEF — Staff eligible Findings are those properties the MN SHPO staff considers eligible for listing in the National Register, in circumstances other than the Environmental Review Process. DOE — Determination of Eligibility is made by the National Park Service and are those properties that are eligible for listing in the National Register, but have not been officially listed. CNEF — Considered Not Eligible Findings are made during the course of the Environmental Review Process. For the purposes of the review a property is considered not eligible for listing in the National Register. These properties may need to be reassessed for eligibility under additional oralternate contexts. Properties without NR, CEF, SEF, DOE, or CNEF designations in the reports may not have been evaluated and therefore no assumption to their eligibility can be made. Integrity and contexts change over time, therefore any eligibility determination made ten (10) or more years from the date of the current survey are considered out of date and the property will need to be reassessed. If you require a comprehensive assessment of a project's potential to impact archaeological sites or historic/architectural properties, you may need to hire a qualified archaeologist and/or historian. If you need assistance with a project review, please contact Kelly G/agg-Johnson'Environmental Review Specialist @6Sl'ZOl'3285o/byemail at . The Minnesota 3HP0Archaeology and Historic/Architectural Survey Manuals can be found at 1 Page 176 of 276 MN SHPO research hours are 8:30 AM — 4:00 PM Tuesday -Friday. PLEASE NOTE: We strongly encourage you to email datarequestshpo@state.mn.us or call ahead at 651-201-3299 or 651-201-3287 to schedule the time you wish to visit our office. Starting Tuesday, September 24th, 2019, our building security protocol will change so that you will be required to check in at the building lobby security desk to receive a temporary pass to our office if you have scheduled your visit ahead of time. If you have not scheduled your visit ahead of time a SHPO staff member will have to escort you to and from our office which, of course, will be more inconvenient for everyone. Thank you. SHPO needs your input! Help create Minnesota's next statewide preservation plan by taking a brief survey. Planning a visit to access SHPO's files? Learn about security changes and how to arrange a visit. From: Alison Harwood <aharwood@wsbeng.com> Sent: Monday, October 21, 2019 2:12 PM To: MN_MNIT_Data Request SHPO <DataRequestSHPO@state.mn.us> Subject: SHPO Inquiry - Summergate Development Shakopee Good afternoon, Could you send me archeological and architectural inventory data for the attached project area? The project is located in Shakopee, Scott County the following sections: Section 8, 9, 16, 17, Township 115N, Range 22W Thank you! Ailii: o III°°III,: r vl:,cu:i I r1wdr� ril lllerv+rnuwce, r w '"" tl Ii' n o" u I�;tl w„ �' 411 y Ir 0 p 7PWS Ei!..t r��W�' grid ���,�i W�Wr :^ �+ err, ��t !:p11" "li°'r Ulfi �,�rv1r,W! ,r�r��:,d,W., ��d4e�'r`' 6 S fe.,1y thin tad U': 1 t !dWaddr a^;du g+t,fire nt d,° e dre.'S.See. W t j9Si Pr l� e th S eM9 i'/ vi^4ien3 til"W V+°W,Bri aft:his. :i!i iv lRa� !'„WI"rrR7wYtlrd ip�do"d' Wu`?d"Fr IP.,W';3�',!, B��Id 7dY9q Will eWl'd�;kl<��"8. Yod J dd`e,tru iW'vf " (Y Yn,133P, +.w11:YilA Ya i+ldi d1Ylk+V i, mq&7o'W> 0u 3 ' r o:y'.du ;t V �d If V d op,1^". 2 Page 177 of 276 APPENDIX C — TRAFFIC STUDY Appendix Page 178 of 276 To: From: Date: Steve Lillehaug, PE, pToE, Public Works Director/City Engineer City of Shakopee Brent Clark, PE, Senior Engineer Matt Pacyna, PE, Principal December 18, 2019 Subject: Summerland Place Development EAW Transportation Analysis rott ducti111 an u SRFNo. 13146.00 SRF has completed a traffic study for the proposed Summerland Place Development in the City (f 37. Shakopee. The development is generall bounded by Eagle Creek Boulevard/US 169 to the north) , County Road 83 (CR 83) to the east, CRF 16 to the south, and Balinese Street to the west (igure 1: Project Location). The main objectives ofthestudy are to evaluate the existing operations within the impacts study area, identify any transportation associated with the proposed development and transportation network changes, and recommendim p rovements to address any issues, if necessary. The following information provides the assumptions, analysis, and study recommendations offered for consideration. Nevi us Area Studies Development and transportation within the project area have been discussed and evaluated Over the past few years. The following studies have been conducted since 2018 that have reviewed various intersections and/or roadway segments within the study area. 1) Canterbury Commons Areawide Transportation Assessment - July 2018 2) Canterbug Commons Areawide Transportalion Assessment, Southwest Area Addendum - February 2019 The Canterbury Commons AreawideTran3portation Assessment provided a comprehensive review of the area north of Mn 1 Highway 169, as well as segments along CR 83 that overlap with the Summerland Place Development LAW Traniporlalion Analysis. The goal of the previous study was to understand how the overall transportation system is expected to function as area improvements and development (i.e. the Canterbury Commons development) occurs. The assessment evaluated year 2025 and 2040 conditions, and identified several improvements, most of which have been incorporated into the City of Shakopee and Scott County capital improvement plans. The Southwest Area Addendum was a refinement to the original Canterbury Commons Areawide Transportation Assessment due to updated land use assumptions in the southwest area of the proposed development. Thus, information from each of these studies was leveraged to aide in the development of the Summerland Place Development EAW Transportation Analysis. www.srfconsulting.com 1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 1.866.440.6364 LIqual Opporlunily Lmployer Page 179 of 276 �rr IPAr ��rrr r. 9 Project Location >' 0 0 co w 0_ aD a> z ca o (n U Page 180 of 276 apo'uogeoo1 pe oad1,p6id\saan6id\Cpn}sileJl\9bL£6\000£6\spafoad\H Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 3 Ex iii iiirm C it ions Existing conditions were reviewed to establish a baseline condition to compare and determine any future impacts. The evaluation of existing conditions includes various data collection efforts including traffic volumes, roadway characteristics, and an intersection capacity analysis, which are summarized in the following sections. 'Pratt l c V ;Ullluimies Weekday a.m. and p.m. peak period vehicular turning movement and pedestrian/bicyclist counts were collected at the following external study intersections on Wednesday, October 9, 2019: • Eagle Creek Boulevard/Tyrone Drive • County Road 16/Britany Drive • Eagle Creek Boulevard/County Road 83 • County Road 16/England Way • County Road 16/County Road 83 • County Road 16/Independence Drive • County Road 16/Sarazin Street • County Road 16/Philipp Drive In addition, short -duration (i.e. 15 minute) counts were collected at the following internal neighborhood study intersections the week of October 7, 2019 during typical weekday peak hour conditions (i.e. a Tuesday, Wednesday, or Thursday). These short -duration counts were modified to reflect peak hour volumes based on the peak hour turning movement counts at the external study intersections. • Downing Avenue/Sarazin Street • England Way/King Avenue (North) • Downing Avenue/Britany Drive • England Way/King Avenue (South) • Downing Avenue/Dublin Lane • Philipp Drive/Philipp Way • Britany Drive/Mockingbird Avenue • Tyrone Drive/Sharon Parkway (North) • Dublin Lane/Dublin Trail • Tyrone Drive/Sharon Parkway (South) Note that average daily traffic volumes within the area were provided by MnDOT and/or estimated based on the data collected as part of this study. away Ch; racterliistlii s A field assessment was completed to identify various roadway characteristics within the transportation system study area, such as functional classification, general configuration, and posted speed limits. A summary of these roadway characteristics is shown in Table 1. In addition to the general roadway characteristics, there are varying types of traffic controls within the transportation system study area. The CR 83/Eagle Creek Blvd, CR 83/CR 16, and CR 16/Sarazin Street intersections are signalized, while the remaining study intersections are either unsignalized with side -street stop control or uncontrolled. Existing geometrics, traffic controls, and volumes are shown in Figure 2A and 2B. Figure 2A represents the external study intersections, while Figure 2B represents the internal neighborhood study intersections. Page 181 of 276 (96L) 09 (04L) 09Z -* (099) 99 7 Inc City of Shakopee, MN i 09990!Lo asaalul leuaa090 su0i,99u0) fiui,900) VZOBi \saanOi,j\0P01SJlua1\94L£l\0000 L\s»afoad\H O0 O ja o/i Jr / ; /t 4676, /1f,,%%f i 0 0 0 to H- W 0 0 0 0 (a d m 0 E E rn la k City of Shakopee, MN ipasuoi,;uasaa�ul lewe7ul- fiui,;!''2 \ APn1S41.CL\Obl£l\000£L\.H Summerland Place Development EAW Transportation Analysis " IVallle � „ IE xliistliiunug 11R4ad Ilhu urnctourliistliios December 18, 2019 Page 6 IR ay f4u 11:::'uuunai tiiiounua111 CIIIas slll''liica'tlllollrii Geuriie III ;ourmdliiguuuuratliiounu II: ostded Speed II1...Iiiurnnliit (Irilp11hh) Cou.ulrot.y Road 83 A IMIInor Alrtelrllal 4....I.... Ine IlDiiviided 45 IE.aglle CIreelk. IBoullevalyd Collector 4...L.alne IUlndIIvlide d 50/S5 (1) County Road 1.6 A.IMlilnolr AlrterIia11 44.-II....alne 11Dlivlid d 45/40/25 ")(5 Salrallllro Street Local Road S..II....alne SO Ilndelpelrodelnce IDlriive Collllectolr 2-II....alroe Ulndiiviide cd 35/25 c:i (, _p p change :curs at tlhe I(Rolliid�ay gas stat iioir f��llll access, tiv'i0hi a posted speed of 35 mph east of thetheaccess. Speed unn�irt chian� (2) Speed Illirttolit lhange; occurs as the Ilinde pendence Ilyr'i,✓o , with n pos. u;a.ri r.pa;oeV Illirmilit of 45 imph east of Ilnde.peindence II)nve . (3) Schooll Zones are pireseind tlhumi.ughout the corridor and (have a speed II'iim'iu.: of 2.5 nnlplh when clhlillIdre.n are present. (4) All other study roadways are: Ilocall 2-1Iaine; Qun5iiv'ide.d roadways with speed Iliiimit of 34.1 mph. OiiteirsaIpaclii y lllysliis An intersection capacity analysis was conducted to determine how traffic is currently operating at the study intersections during typical weekday a.m. and p.m. peak hour conditions. All intersections were analyzed using Synchro/SimTraffic software. Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is operating. Intersections are graded from LOS A through LOS F. The LOS results are based on average delay per vehicle results from SimTraffic, which correspond to the delay threshold values shown in Table 2. LOS A indicates the best traffic operation and LOS F indicates an intersection where demand exceeds capacity. Overall intersection LOS A through D is generally considered acceptable by drivers in the Twin Cities Metropolitan Area. Table 2„ ll,,,evelll of Service Sliigunual111iized and UUunsliignal111iize IlIunrteursectliions II, )eslll natloon SIIIgnalllIiized Illrrtensectllon Average IlDellla/Velmiellle (sec ns) ol faIa li oIlion Average IIDelllayVehcllle(seconds) ds) A < 1..0 ..:1.0 f::3 .1...0 ... 20 .1...CD ...:1..5 0 5 55. .. 3 .. f:::: >55...80 > 35...1'z4..) I. > 80 > 50 For side -street stop -controlled intersections, special emphasis is given to providing an estimate for the level of service of the side -street approach. Traffic operations at an unsignalized intersection with side - street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Page 184 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 7 Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side -street approaches. It is typical of intersections with higher mainline traffic volumes to experience high -levels of delay (poor levels of service) on the side -street approaches, but an acceptable overall intersection level of service during peak hour conditions. Results of the existing intersection capacity analysis, shown in Table 3, indicate that all study intersections currently operate at an acceptable overall LOS D or better during the weekday a.m. and p.m. peak hours. 'Table 3„ lfii;xliistliiurm IIlra ersect111 � � . Ion t%apacurf„y guru, ; Illy.�u1� II urnrte rsectliiourla II1,,eaIIk.111..111ouuuur lf�„III„ IlPeaallk III°Illc�wur DeIllaay Delay II &xte I>Irttf rs c E:::::agile Creek I3oullevalyd/Tylrolrne 1DIriive(:u) A/A 7 sec. A/A 7 sec. CR 83/II::::agile Creek11Bouullevalret/IDe:aln Il....alkes I31Ivd ID 41 sec. C 26 sec. CR 83/f,lR 16 ID 36 sec. C 26 sec. till- 1.6/Salrarllln Street A 1.0 sec. B 1..3 sec. ClR ,:i.6/II::31rlltalny II..)Iruve o) A/A 6 sec. A/A 7 sec. CIR 16/IDuulhllllln Il...alne (1) A/A 9 sec. A/A 9 sec. CR 11..6/I1::::,ingllalndtl Way(') A/A 6 sec. A/A 9 sec, CIR 11.6D/Ilndepelndelnce I1.:11rIIve (Il1 A/A 6 sec. A/I6 1..5 sec.. CR 1.6/11=:°Ihullulplp IlDlruve('-) A/A 5 sec. A/A 6 sec. interr Nei ;n?hbos"h od Irrtersectio I::)owlniiingAvenue /`'alrariilnl St,lreet(1) A/A 5 sec.. A/A 5 sa:^c, IJowlnuing AVelnue/IB1r11'talny 11DIruve ('-) A/A 44. sec.. A/A 6 sec, I:::)owlnlling Avelnuue/IDubllii n Il...alne (.u) A/A 3 sec.. A/A 3 sec.. I3lnitalny II..)Iruve/IMloclklllrnglhlllyd Ave lnuue (.a,) A/A 4. sec.. A/A 5 sec. I.)uullbllIIn Il...alne/11..)uulhllulnl TIrallll (1) A/A 5 sec.. )\/A 5 sec, g y/g Aye/Queen Avenue, (North) (2) II::::ar11r,Ilalruu:W WaIKuin A/A 5 sec, A/A 5 sec. 1:::::inglalnd Way/IKiiing Ave/Queen Avenue (South) (2) A/A 5 sec.. A/A 4. sec.. :::"Ihiilliilplp IDIriive/11FIhlilllilplp Way (2.) A/A 2 sec, A/A 2 sec. �ylTyroneII::)Iriive/:ilhalydalni Parkway�North) (2) A/A 3sec,. A/A .. 3 sec, Tyrone IDlrlive/Slhalrolnl Parkway (South) (2.) A/A 4. sec.. A/A 4. sec. (1..) Ondlicates an uuins'ignall'i ed linrtesectliein vv'ith slide -street stop ca:nntirolll, wlhieire the a:rveirallll II._O its shown followed by the wamr (s'iate st approach IL0 . The dellay shown irelpreSeant:s the worst slide -street approach delay. (2) Ondlicatesc7Vr lancOnrtlrolllled linter ectliann. Page 185 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 8 The following information summarizes the operational and/or queuing issues identified as part of the existing intersection capacity analysis: • During the a.m. peak hour at the CR 83/Eagle Creek Boulevard intersection, there is heavy northbound thru and eastbound left -turn movements that are destined eastbound on US 169. Due to the short distance along CR 83 between Eagle Creek/Deans Lake Boulevard and US 169 (approximately 750 feet), many vehicles (approximately 70 percent) will begin positioning themselves in the outside lane to access the northbound right -turn lane at the CR 83/US 169 intersection. This results in a 95th percentile queue of approximately 300 feet for the eastbound left -turn movement, and a northbound thru queue that extends to the CR 83/CR 16 intersection one or two times during the a.m. peak hour. o In order to avoid these queues, approximately 35 vehicles were observed positioning themselves in the inner travel lane and make a late aggressive merge into the northbound right - turn lane at the CR 83/US 169 South Ramp intersection. o This issue was previously identified in the Canterbury! CommonsAreawide Transportation Assessment. There are no other existing significant transportation issues within the study area from an intersection capacity perspective. se )eve 0 Iplimeliirm't The proposed development is generally bounded by Eagle Creek Boulevard/US 169 to the north, CR 83 to the east, CR 16 to the south, and Balinese Street to the west. The proposed development consists of a total of 590 residential units; which includes 222-units of single-family housing, 68-units of townhomes, and a 300-unit apartment building. A preliminary site plan for the proposed development is illustrated in Figure 3, which was used as the basis for the traffic analysis. Several access locations are provided to the single-family and townhome components of the development, including Tyrone Drive, Philipp Drive, England Way, and Downing Avenue. Two full access locations along CR 16 are planned for the apartment building. The development is anticipated to be constructed in phases, with full build out anticipated by the end of year 2024. 'T r 'f'f c recasts Traffic forecasts were developed for the study area to help determine short- and long-term transportation infrastructure needs within the study area. The forecasts were developed using a combination of general area historical growth trends, trip generation estimates based on the proposed development, and data within the Scott County Regional Travel Demand Model. The following sections outline the proposed development within the study area, as well as overall traffic forecast development process and assumptions. Page 186 of 276 l fuf �Ill� ( f/ .r di �� d� / / � rJj/n)7 /� II�iP �1 ��/ r Q UU))ii 1 ry J ilk % i :" / % G� ;r1 N1 SITE DATA: GROSS AREA: .114.3 ACRES EASEMENT ON NORTH END OF PROJECT AREA: 141.6 ACRES NET AREA: 1927 ACRES 50' MLLA LOTS 106 65' SINGLE FAMILY LOTS: 115 ROW PANNONE UNITS: 68 HIGH OEN9TY UNITS: 300 TOTAL UNITS: 569 NET DENSITY: 6.35 UNITS/ACRE , Q Z i V 10 0000000000 4 / ,�f%, d 1 rfArby4d, 7 z,"f: ( ,/ ,f „i,.ar /. 9J1Hr'�I/! �p�u / // i� '�I� �' l/r UJWjV•• . ail r 1 �l Gli i Ii2JJErI / - .A t f of 7 " // / 0' ® ))) � 4 W /l/� . r 47?,,,,orri,---10,,, 77,-,,,,i " , (\,,, 0 ./ II 1,11!, / OS 0 / ' 0,°' —lip fie, / 0"/ w, 41 /,,, , f f r fl sir, / 4 l i/,/ TV 11 r%/ i/�� v 1 I' l� / �} 7/ 11/4 1A0 4% - %/ /l I I �`k /p j� I / q // { �� ki tiara � I} � 1,E %� //i. . ,� l J�Y NM7 r 11 r// � li , 11 � / � } I. Il// �t /� �+n I I I / i %a /; // / / r la ly l� G /(G I i % k OP ]!II / i % / " k �i/ / ,wu Ma of / rai fi �,rein /j, � ";./, vc,'1rr/oe "/ '/i .. p� w ii� Y "Y �' i ii o/ �� �n(9 /cfsrt srr y I f ; ,r...lRidfV/�,J1L Rul0 0 f /�y V I � .1 !i�➢M✓W�r l!Rrtl°.Gv!Na�IV�A .� iIJ/. 'II011111 a 0 cu V/ Page 187 of 276 JPO•U Id al!S £06!J\saan6H\Apra}Slleil\9bL£L\000£6\spafoad\H Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 10 0irlll � nm I0) velllollhill ent "TorIIIIo Geirmn� To account for traffic impacts associated with the proposed development, a trip generation estimate was developed for the a.m. and p.m. peak hours and a daily basis. These estimates, shown in Table 4, were developed using the ITE Trip Generation Manual, 1Oth Edition. Note that no multi -use or pass -by reductions were applied due to the type of land use planned within the proposed development, which is solely residential. Table 4,, IiP1iro1posed III)evelllolpumrma<.mrnil Trip Generation Estimate ll...aurmd Use Type (omure) Size /A„III„ IIF eallk III°Illou'.aur II:: III„ Ill eallk III°Illouuur li). iilll,y Turliillprs II uno Out II uno uuu t Slingllc..11:::airnnully II 1cu.us nig (2:1..0) 222 DU 4.11.. ..2 11..38 8 .. 2,1.096 II....owirlse IMuu114.u.f; irnmully (220) 68 DU t 24 24 11..4 498 liAldirlise IMlu.ulltifa mmully (221..) 300 DU 28 80 81.. 51.. 1..,632 rc,te11 Slite Trips 76 227 243 1.46 4,226 Results of the trip generation estimate indicate that the proposed development is expected to generate approximately 303 a.m. peak hour, 389 p.m. peak hour, and 4,226 daily trips. The trips generated were distributed throughout the area based on the directional distribution shown in Figure 4, which was developed based on information provided by the Scott County Regional Demand model, existing travel patterns, and engineering judgement. Ao aceom't IlDevelllr 1pirnemrnt In addition to the proposed development, there are known adjacent developments planned in the area. The Canterbury Commons development, which is currently under construction, is generally hounded by CR 83 to the east, 12th Avenue/Vierling Drive/Eagle Creek Boulevard to south, existing development to the west, and Barenscheer Boulevard to the north. The project consists of residential, office, retail, hotel, and entertainment. The development is further outlined in the Canterbuy Commons Areawide Transportation Assessment and the Canterbury Commons Areawide Transportation Assessment: SW Area Addendum. For the purpose of this study, the Canterbury Commons development was assumed to be fully completed by 2025. Therefore, trip generation/routing estimates for the adjacent development from the previous studies was utilized. vlll Ilm Mod III The Scott County Regional Travel Demand Model was reviewed to understand how the proposed development land use compares to previous socio-economic (i.e. employment and households) assumptions within the area, as well as to identify general background growth within the study area. The following information provides an overview of the model review process. Page 188 of 276 //////////////J 1111111111111111111111, Directional Distribution j�l��/ %/111I/1 fif //////,, (, ///// l% a 0 0 0 c(a Q w 0 a> z CL dj O CB co N � Ew E CO U Page 189 of 276 uoi;ngia}sip Ieuogoaaip g06id\saan6H\Apn1S1l2al\9bl£L\000£6\spa[oad\H Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 12 First, a review of the employment and household data within the regional model's traffic analysis zone (TAZ) 45 and 46 was completed. The two TAZ's encompass the entire proposed development area along with additional area, as illustrated below. The regional model assumes the base (i.e. year 2014) level of trip generation within TAZ 45 and 46 to be approximately 1,620 daily trips, with a future year 2040 trip generation of approximately 10,860 daily trips. Thus, the expected growth within TAZ 45 and 46 was estimated to be approximately 9,240 daily trips in the regional model. Comparing the trip generation identified earlier in this analysis, the proposed development is expected to generate approximately 4,226 daily trips, which is slightly less than half of the daily trips previously assumed within the regional model. A breakdown of the number of daily trips by trip type for the socio-economic data trip growth (year 2040 minus existing) and the proposed development is shown in Table 5. Additional development may occur east of the Summerland development, which may account for more daily trips, especially retail and non -retail trips. However, the Summerland development is considered within guidance based on the regional travel demand model. I11)111e S.. Daily " 'urliiPs Comp urliison tIlrllllh Type 4 IDally Trip Guro th uuumunneurlllaunud Development ODally Tog lPs F ouuselholld 6, ° 5 4,226 Rota 2,690 0 Noln IIR2tali11 225 0 Iota II 9,240 4,226 Second, the socio-economic data from TAZ 45 and 46 was removed from the regional model, along with TAZ 60 (Canterbury) and TAZ 52 (Amazon) to understand the general background growth expected on area roadways on an annual basis. This approach identified that traffic volume growth on area roadway is expected to range from one-half (0.5) percent to two (2) percent annually. Therefore, for purposes of this assessment, a two (2) percent annual background growth rate was applied to the existing peak hour volumes to develop year 2025 no build traffic volumes. To develop year 2040 no build traffic volumes, a one-half (0.5) percent annual background growth rate was applied to the year 2025 no build traffic volumes. This approach is consistent with the growth rate assumed for the Canterbury Commons Areawide Transportation Assessment. "' irawrecast Su rum aury Based on the traffic forecast approach described within this assessment, peak hour traffic volumes were developed for both year 2025 and year 2040 no build and build conditions, which are illustrated in Figures 5A thru 8B. The no build conditions include general background growth and known adjacent developments. The build conditions include the traffic volumes generated under no build conditions, as well as trips generated by the proposed development. Page 190 of 276 (04Z) 20) J (01.6) 9Z£ —14 (904) 9L Year 2025 No Build Conditions - External Intersections 1 City of Shakopee, MN )P.. )2.0.2101 Iewe143- 000(40000 PH09 ON 2ZOZ-(e0A V208(2\se)0QdA0)&10,1\94)£4000C L\s»afo,d\(H j%//VW fi uy idol,/ ii4o9 i% /fill p,% /��/�� i rfil/7 // ° fit,%/ ll / / , // f //, is//, it ��i, � �e,�,��,,/�/ �ifi,!�%r'l�' v „�,rl i Year 2025 No Build Conditions - Internal Intersections a 0 0 0 c0 w E 0 0 N d (Q N E E 2) la c City of Shakopee, MN ipa su°iloavaLu��ewalu�- suoi7ipuo0 P11.9 'N SZOZ \RpnlSJlm1\Obl£l\OOOSL\s�aafo�d\H Year 2025 Build Conditions - External Intersections I City of Shakopee, MN (po'suo!loasiao(I lecueoG - suo!1!puo) PIPE! 9ZOZ iea) V906 \sa,rdd\OP01SJle,1\94l£l\0009 L\%H 27 y/err /i//%//// ��/%/ice / � %fy ✓///% ripc 1100.4, Air n fin A'Mj 6• f Year 2025 Build Conditions - Internal Intersections la c City of Shakopee, MN ipo suo!loasialul leuaaluI -su0!1!puo0 PIPE! SZOZ ieaA 8906,\se,nbld\APn1Slm1\94l£l\000£L\.H d rn i.� Year 2040 No Build Conditions - External Intersections la c .;,'/'i%%/%////%/Gib ipo'suolyaasia7ul lewe1x3- pling ON 0b0Z JooA VLOB,\ 041£l\000£L\.H City of Shakopee, MN j%//VW fi i G is//, /r �0;; � ie/�,��,,����// f� /fir//;� �/i io j� ' <7, i Year 2040 No Build Conditions - Internal Intersections 0 0 0 0 c0 w E 0 0 0 N -0 (Q 0 E E 2) la c City of Shakopee, MN Vo,..P.s.Lul IewaluI- suoi7ipuo0 Plln9 'N ObOZ sa,nbld\APnlSJlm1\Obl£l\OOOCL\s»afo�d\H PP Ji / /%%%fir fioi///////0////eofi/j 111► u,,14 la //fi , //1� /rya // J po'suogsas,awl lewepG- suo!1!pu00 PIPE! ObOZ yea)WOO sa,nbld\APn1SJleCL\Ob l£l\OOOSL\s�oafo,d\H co 0 12 LL Year 2040 Build Conditions - External Intersections w CL 0 0 E E la A City of Shakopee, MN 000 ripc Wv Iir PE //li :'40) tl ,,.2 /, di \ r , f ra �% a/ of afe ,,�f f/ ,y fi 1, 1P1fJo)/ / Year 2040 Build Conditions - Internal Intersections N a 0 ct `0 m r w E 0 0 0 0 D 0 N d 7, (Q 0 E E la k City of Shakopee, MN ipo"suo!loasialul leuaaluI -suo!1!puo0 PIPE! ObOZ ,eaA 8806,\sa,nbld\APn1Slm1\Obl£l\000£L\.H Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 21 Ye Ih 2("Sli2.: C ru nd 111 ins To help determine impacts associated with the proposed development, year 2025 no build and build conditions were reviewed. Yae,r, ul^ r !25 IN V«i Bull Con dlii lii „III To determine how the study intersections will accommodate the year 2025 no build traffic forecasts, an intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the intersection capacity analysis shown in Table 6 indicate that all study intersections are expected to operate at an overall LOS D or better during the weekday a.m. and p.m. peak hours, except the CR 83/Eagle Creek Boulevard intersection which is expected to operate at LOS E during the a.m. peak hour. Northbound queues from the CR 83/Eagle Creek Boulevard intersection will begin to impact operations at the CR 83/CR 16 intersection. Table 6. , .5, II4o 1113u1111d Illurivteursectliiournl Capacliity �urluallly�Mliis IInteir ectiiabunu A„III„ IIPe IIk 111110 uuur lf�„III„ IlPeallk 11111auuuur IIelllauy III I)elllay External late '.actions 1::::.agIle Creek IBcu.allevard/Tylrclne II..)Irllve (a) A/A 8 sec, A/A 7 sec. CR 83/IE::,aglle Creek 11.3ouallevalyd/1Dean Il....alkes IBouulle':va-alrcd E 64 sec. C 311.. sec. CR 33/CII-d 11..6 1..) 50 See. t, 24 sec. CIIR 1.6/SarazIln Street B 1..11.. sec, I3 1..4 sec. CR 1.6/11BrIItaIny 1Drllve ('..) A/A 6 sec,. A/A I sec, CR 11..6/IDuulhllllln IL..alna (1) A/A 9 sec, A/IB 1..:1.. sec. CR 11..6/I1::::,nglalnd Way A/A 8 sec, A/IB 1...1.. sec. CR 11..6/I1nddelpendda nce 1DIrlive (I.) A/A .7 sec, A/C 1..8 sec, CR 11..6/IPlhilulplp 11..)Iruve(1) A/A 6 sec A/A 7 sec. Internal Neihbroncod Intersea )hs 1::)ctnrinliing Avelnue/Salrazlilnl Street ('-) A/A 3 sec, A/A 5 4sec. 1::)ownlIIng Ave Inuae /1BrrIItalny 11D1rlIIve (1) A/A 44.sec. A/A 6 sec. Dcwlnliing AveInue/Il::aubIlliln Lane (a) A/A 3 sec. A/A 3 sec. 1::3nlitalny IIDIrlive/IMIoolkliingbIIrd Avenue (:a,) A/A 4. sec. A/A 5 sec, IDuublIIIn II...alne/1DUhallliln Traaiill (1) A/A 5 sec, A/A 5 sec. England Way/IKIIIrug Ave/Queen Avenu.aeo (North) (2) A/A. 5 sec. A/A 5 sec. England Way/IKiing Ave/Queen Avenue (South) (2) A/A a sec. A/A 5 sec. PhiilIillplp 11DrIIve/IPlhIIIIiilplp Way (2) A/A 2 sec,. A/A 2 sec. Tyrone 1DrIIve/SIhlalrcln Parkway (North) (2) A/A 3 st A/A Tyrone 1DIruve/SIhlarcln Parkway (South) (2) A/A 4. sec. A/A 4. sec. (1) Ilridlicates III U iris'i,gnall'i ed iinrlei,ectlioin vv'(l)h slide-,:(cranef: sto)).) cdl, where tihie over allll II...OS'is shown'followed by the worst side -street approach II...OS. The delay shown represents the worse sic S ., Pry �y. r If Y .:. Irr:9e-..,f.ire*ef. aI ra:rach delay. (2) Ondlicat:es ain uncontrolled linrtersenaaion. Page 199 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 22 The following information summarizes the operational and/or queuing issues that warrant consideration as development occurs. • During the a.m. peak hour at the CR 83/Eagle Creek Boulevard intersection, the eastbound left - turn movement is expected to extend beyond the available storage approximately 60 percent of the peak hour, and the eastbound approach is expected to have a 95th percentile queue of approximately 800 feet. The northbound thru movement is expected to extend to the CR 16 intersection up to five (5) percent of the a.m. peak hour, impacting queues and operations at the CR 83/CR 16 intersection. o As queues and delays continue to degrade, the aggressive maneuvers identified under existing conditions at the CR 83/US 169 South Ramp intersection are expected to increase. • During the a.m. peak hour at the CR 83/CR 16 intersection, the northbound thru and westbound right -turn movements are expected to have a 95th percentile queue of approximately 600 feet and 500 feet, respectively. These queues are directly related to the northbound queues at the Eagle Creek Boulevard intersection extending into the CR 16 intersection. To address the lane utilization issues, geometric improvements should be considered. Specific geometric improvements will be discussed further in the 2025 build conditions. However, the year 2025 no build analysis indicates the need and approximate timeframe of when capacity improvements are expected to be needed along the corridor. Year 2025 Ilfii a111llC uiir * i1:11 ui To determine how the study intersections will accommodate the year 2025 build traffic forecasts, an intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the year 2025 build intersection capacity analysis, shown in Table 7, indicates that the operational issues identified under the year 2025 no build condition are expected to degrade as development occurs. Given the level of adjacent development planned, construction of the proposed development is expected to accelerate the need for capacity improvements along the CR 83 corridor. The following information summarizes the operational and/or queuing issues that warrant consideration as development occurs. • During the a.m. peak hour at the CR 83/Eagle Creek Boulevard intersection, the eastbound left - turn movement is expected to extend beyond the available storage approximately 70 percent of the peak hour, and the eastbound approach is expected to have a 95th percentile queue of approximately 850 feet. The northbound-thru movement is expected to extend to the CR 16 intersection up to five (5) percent of the a.m. peak hour, impacting queues and operations at the CR 83/CR 16 intersection. o As queues and delays continue to degrade, the aggressive maneuvers identified under existing conditions at the CR 83/US 169 South Ramp intersection are expected to increase. Page 200 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 23 • During the a.m. peak hour at the CR 83/CR 16 intersection, the northbound thru and westbound right -turn movements are expected to have a 95th percentile queue of approximately 1,100 feet and 700 feet, respectively. These queues are directly related to the northbound queues at the Eagle Creek Boulevard intersection extending into the CR 16 intersection. • The northbound left -turn movement at the CR 16/Independence Drive intersection is expected to operate near the LOS E/LOS F range during the p.m. peak hour. Table 2 11nitersect1i1on 113u111111d intersection CapacRy Analllys111s IJL113ealk 111..111.o.or IFI.Peallk IHour Delay 113elllay External Intersections lEaglle Creek Boullevard/Tyrone Dr11ve (1) A/A 5 sec. A/A 8 sec,. CR 83/Eagle Creek B o u II e va r d/Dean11....a kes B o u Ile va rd E 71 sec. C 33 sec. CR 83/C11:: 1..6 F 81 sec. 0 25 sec. CR 1.6/Saraz11n Street B 1..2 sec. 8 11..5 sec. CR 1.6/ B dta ny ID r11ve (1) A/A 7 sec. A/A 9 sec. CIR1.6/IDUb1111n Lane (1) A/I1113 1.1 sec. A/ B 1..2 sec. CR 16/ En gll a nd Way (1) A/A 9 sec. A/ B 1..2 sec. CR 16/11ndependence Dr11ve (1) A/A 7 sec. A/D 30 sec,. CR 1..E.3/11ph111111pp Dr11ve of) A/A 8 sec. A/13 1..2 sec. CR 16/West Apartment Access A/A 9 sec,. A/B 1..5 sec. CR 16/East Apartment Access A/A 8 sec. A/ B 1..4 sec. Internal Neighho d Intersections Downiing Avenue/Saraziin Street (1) A/A 5 sec,. A/A 5 sec. Dow niing Ave n u e/ lir iita n yll:::Driive (1) A/A 4 sec. A/A 6 sec. Downiing AVe nue/Duibn11....ane Go A/A 3 sec. A/A 4 sec. E3ntany ID riiv e/ IM oc kiin gb ii rd Ave n ue (1) A/A 4 sec. A/A 5 sec. 11:::Publliinl...ane/D I) bn T r a1111 (1) A/A 5 sec. A/A 5 sec. 1:::::ngland Way/Kiing Ave/Queen Avenue (North) (2) A/A 5 sec. A/A 5 sec. 11:::::ngland Way/Kiing Ave/Queen Avenue (South) (2) A/A 5 sec. A/A 5 sec. IlDh111111pp Driive/P1h111111pp Way (2) A/A 3 sec,. A/A , 3 sec. Tyrone D riiv e/S h a ron Parkway (North) (2) A/A 3 sec. A/A 3 sec. Tyrone ID r11ve/Sha ron Parkway (South) (2) A/A 4 sec. A/A 4 sec. ((1..) indicates an unnsignallizeO iinitersi2otlion vvith slide -street stop controll, Adhere the overall II...OS is, shown followed by the worst side -street approach LOS,. The delay shown represents the worst slide -street approach delay. (2) °indicates an uncontrolled iintersectionk Page 201 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 24 if III m1 i Ipilrov ul1rm Mots To address future capacity and/or queuing issues identified, the following improvements are offered: 1) CR 83/Eagle Creek Boulevard Intersection a. Construct an advanced turn -lane from the US 169 South Ramp intersection through the CR 83/Eagle Creek Boulevard intersection. The advanced turn -lane is provided by extending the inside northbound right -turn lane at the US 169 South Ramp intersection to Eagle Creek Boulevard and constructing an additional northbound thru lane at Eagle Creek Boulevard that feeds into the extended northbound right -turn lane. Note that this improvement was previously identified in the Canterbug Commons Areen,vide Transportation Assessment. This improvement will be assumed to be completed under the year 2040 intersection capacity analysis. 2) CR 16/Independence Drive a. Monitor the CR 16/Independence Drive intersection to determine if/when a traffic signal should be considered. Yu02Ilfii uuuliilllClii'tiirul's liitIII1 Illmrpllhur.vrm�,uhm To illustrate how the recommended improvement along CR 83 are expected to operate under year 2025 build conditions, an additional intersection capacity analysis was conducted. For comparison purposes, results of the traffic operations analysis for the existing, 2025 no build, and 2025 build conditions with no improvements are also shown. Note that only the a.m. peak hour operations are shown as that is the only time there is a capacity/queuing issue. Results of the analysis, shown in Table 8, indicates that with the recommended improvements, the CR 83 intersections are expected to operate at an overall LOS C during the a.m. peak hour. The northbound queues are also expected to be significantly improved. The traffic operations during the p.m. peak hour are expected to remain similar to previous conditions, thus are not shown in the table. "Thie „IIhl�„ I11)eallk.111°Illommur Intersection Callpaciit / unu lllb+sliis Comparison Intersection CR 83/IE::::,agIIo Cr CR 83/t;IR 11..6.E bS (Delay) lE xliistliiunug, 5" IIMIc Il3uuliillld 2025 Ifmmliillld No IIurmmIIr iiroveurnents !sec+ ururmmmmend II unnmllpurove unirment Il::i 11 vc 1D (41.. sec) E (64 sec) E (71 sec) 0 (26 sec) ID (36 sec) 0") II:" IF° (81 sec) 0 (34. sec) Northbound 95th Percentile Queue (ft) CR 83/CR :16 325 600 1,100 325 Page 202 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 25 Tor Ilf ur 11 � or S Di re Intersection improvements were identified in this report that are expected to be needed by year 2025 or before. Therefore, to identify the number of trips the proposed Summerland development contributes to the transportation system along CR 83 under year 2025 build conditions, a trip proportional share analysis was conducted. As mentioned previously, the eastbound left -turn and northbound thru movements at the CR 83/Eagle Creek Boulevard intersection during the a.m. peak hour cause operational and queuing issues that impact the adjacent CR 83/CR 16 intersection. Since these movements conflict with each other, additional trips to either movement impact the overall operations of both the CR 83/Eagle Creek Boulevard and CR 83/CR 16 intersections. Therefore, a trip proportional share, which is shown in Table 9, was developed by taking the expected a.m. peak hour site trips for the eastbound left -turn and northbound thru movements at the CR 83/ Eagle Creek Boulevard intersection, divided by the total number of eastbound left -turn and northbound thru vehicles under the year 2025 build condition. It should be noted that only a.m. peak hour trips at the CR 83/Eagle Creek Boulevard intersection were utilized, as the issue identified only occurs during the a.m. peak hour. The resultant proportional share of trips that the proposed Summerland development contributes to the transportation system is approximately 4.5 percent of the total trips making these movements. ;"Ww,iuururmurmmeurlllaunudW Development lllopii eint " "urliillp IIG urllpourtliiourmalll SIlhmaure (2 25 Ilf uuuliillld) IlumrtMurremwdliimaurm Sui.murmmurmmm"urlllandtl„III„ Site Tr (IlfiClll3lll,,,/IlWlBT) Total 2rn25 I13uuuliillldtl " "urliillps lllE.11f3111./II' III " "1 Pro port liifourmaIll SIlhaure tCireek II NIIvd Ye r III2 4411 Co�Im ns ..79 1756 4 5% To help determine impacts associated with the proposed development, year 2040 no build and build conditions were reviewed. It should be noted that the CR 83 right -turn lane extension improvement identified under the 2025 conditions was assumed to be completed and is included in the year 2040 intersection capacity analysis. Ye ul° 204 IN V Ilfii lii 111 dill i it s To determine how the study intersections will accommodate the year 2040 no build traffic forecasts, an intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the year 2040 build intersection capacity analysis, shown in Table 10, indicate that all study intersections are expected to operate at an overall LOS D or better during the peak hours. The northbound left - turn movement at the CR 16/Independence Drive intersection, however, is expected to operate near the LOS E/LOS F range during the p.m. peak hour. Page 203 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 26 T 111 111 „) „ '(!44'(,i 11 o II3uuuliillIdd Illunlrteursectiiioun Capacity �unp�lll,ysliis IIunutearsectlii0fl „IINd„ IPeallk 111°IIl uuuur lfm„Il d„ IIPeallk IlHou it o: elllay Id„1c r,S I: ellla,y External to terrs I5aglle Cr°eelk. IE:3cuallevars3/Tylrclne 1D1r1ive (0 A/A 6 sec,. A/A 9 sec. C11R 83/IIE.aglle Clreelk I13cu Ilevalrr3/Dean II....alkes Boulevard C 27 sec. C 31. see. CIF? 83/C11=t 11..6 1) 444 sec, 0 23 sec. CIR 16/Salraziiln Street 1E3 1..2 sec. 113 'd..5 sec. CR 11..66/1131rlitalruy II:)Iriive (1) A/A. 6 sec. A/A 9 sec,. ClfR 11..6/11Duublllilru Il...alnle(u.) A/A 1..0 sec. A/B 1..2 sec, ClR 11..6/IE::::IngIlalnd Way(') A/A 8 sec, A/IB 1..2 sec. CR 11.6/Ilndelpelnlelnce II: dye (1) A/A 8 sec. A/11) 26 sec. CII:::1.6/dp11'ullllulplp Dlrve(1.) A/A 6 sec, A/A 1.0 sec. Nl *t?"hubort dln t`s I::)owlniiingAvelrnu.ue/Salraziiln Street (.) A/A 5 sec, A/A r s1ec„. I:::➢cwlroiing Avenlu.ue/I13lriitiny Dlriive (1) A/A 4. sec. A/A 6 sec, I)cwlruliing AVelnLie/ II::)u blliiiln Il...alrue (-a,) A/A 3 sec, /1./A 44. sec.. 1::31nrtany IDIrIIVe/IMlcclkllingblllyd Avenue (b) A/A 4 sec, A/A 5 sec, I::)uuhlliin II...alne/1Dulbllliln TIraaiill (1) A/A 5 sec, A/A 5 sec, d::::.IragdaaInd Way/King Ave/Queen Avenue (North) (2) A/A 5 sec. A/A 5 sec. IE.IngllaaInd Way/King Ave/Queen Avenue .•auth) ) A/A 5 s)ec, A/A 5 sec. ldlh11111Illp1p IDlrllve/1PIhullulplp Way(a.) A/A 2' spec, A/A 2 sec, Tyrone II:)Irlive/Slharon Parkway (Nortlh)(2) A/A 3 sec. A/A 3 sec. Tyrone IDlrlive/Slhlarolnl Parkway (South) (2) A/A 44. sec. A/A 4 sec. (1) °indicates an Uns'ignall'ize-;d Iintersuo1.. vv'ith slide-stirstogy cointaroll, wlhurnir_ .the ove:,iralll° 11...0.5 'is saV approach II..OS. Tlhc dellay shown represents ents the, worst slide street approach dellay. lndlicates gain LAn,ontrollled linit:�rse tliorr. 'e it 204 -- IlEl uu lii 111 d C(u1111C)b lii' ;lii �„ u4 d by the. worst .aide -sit ^t To determine how the study intersections will accommodate the year 2040 build traffic forecasts, an intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the year 2040 build intersection capacity analysis, shown in Table 11, indicate that all study intersections are expected to operate at an overall LOS D or better during the peak hours. During the p.m. peak hour at the CR 16/Independence Drive intersection, the northbound approach is expected to operate at a LOS F (53 seconds) and have a northbound left -turn delay of approximately 1.5 minutes. To address this issue, consider constructing a traffic signal to improve the p.m. peak hour delays and reduce challenging maneuvers. A traffic signal would also provide another safe crossing along CR 16. With implementation of a traffic signal, this intersection is expected to operate at LOS A during the p.m. peak hour. Page 204 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 27 T • bile 11 2 4 lEki111111d1lInter ection Capacity Analysis 1Intersect111on Pea k 11..111 ur 1P.M.11PealklIkNour lDelllay 11... S Extern& Intersections IlEagle Creek. BO Ul Ile va rd/Tyr o ro e 11)r Ove; (1) A/A 6 sec. A/A 9 sec. CR 83/ 11E.a gll e Creelk 1E3 o u II e va r d/ D ea n II....a kes IB o u Ile ya rd C 28 sec. 'n 35 sec. CR. 83/C1R1.6 ID 44 sec, ' 25 sec. CR 11..E.3/Saraz11n Street 113 1..2 sec, 1B 1..6 sec,. C IR 1.6/ 113 r11.ta ny ID r Ove (1-) A/A 7 sec. A/A 9 sec. CI5.1.6/DIJIbU11n 11....ene (1) A/I13 1.1 sec. A/B 1..2 sec. CR 16/11::::n Oa nd Way) A/A 9 sec. A/ B 1..4 sec. 015 16/1ndependence Driiye (1) A/A 1..0 sec, A/F 53 sec. C11::1.6/113111111111pp Driiye (1) A/A 8 sec. A/ B 1..4 sec, C11::?1.6/West Apart inent Access A/A 9 sec. A/ B 1..2 sec. CR 1.6/11::::ast Apartment Access A/A 9 sec. A/C 1..9 sec. Internal Nei hbort IntersectIons Downiing Ayenue/Saraziin Street (1) WA 5 sec. /VA J, 7 sec,. Dow niing Aye n u e/ Br iita n y Driiye (1) A/A 4 sec. A/A 6 sec. Downiing Ayenue/IDUb11111n11....ane (1) A/A 3 sec, A/A 4 sec, Britany D riiy e/IM cc kiiIngbiird Avenue (1) A/A 4 sec, A/A 5 sec. ID Lll lelliin 11....a n e/ ID u bIliin Tra1111(1) A/A 5 sec,. A/A 5 sec. 11:::::nglland Way/Kiing Aye/Queen Ayenue (North)(2) A/A 5 sec. A/A 5 sec, England Way/K11ng Aye/Queen Avenue (South)(2) A/A 5 sec, A/A 5 sec. 1131h111111pp Dr11ye/Ph111111pp Way (2) A/A 3 sec,. A/A .7, ,:., . ..., ..,ec. 11"yrone IDr11ye/Sharen1Parlkway (1No1In) (2) A/A 3 sec,. A/A 3 sec. Tyrone 1Dr11ye/Sha ion Parkway (South) (2) A/A 5 sec. A/A 4 sec. (1) °Indicates an unsignallized lintersectlion with slide -street stop controll, where the overall° II...OS is shown followed by the worst side -street appiroach 11...0S. The dellay show° represents t ie worst S lid e-street approach dollay,. (2) Ondlicates a coirtrolled Page 205 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 28 Site aIIII' tevIIIew A review of the proposed site plan was completed to identify any issues and recommend potential improvements with regard to internal roadways, access, traffic controls, and circulation. The following information should be considered. In general, all roadways within the proposed development are expected to function adequately as two- lane facilities. The median parking area on Street A is uncommon and should be redesigned to provide a more traditional on -street parking configuration. Internal intersections are also expected to operate adequately with side -street stop control. As development occurs, internal intersections should be reviewed to determine if a higher -level of traffic control (i.e. an all -way stop) should be considered, specifically at the intersection locations identified below. LEGEND - Potential AWSC Location vinemmer From an access perspective, access to the single-family and townhome components are provided off existing roadways. The two proposed access locations to the apartment building, located along CR 16, do not fall within Scott County access spacing guidelines, which state that full access to local streets along A -Minor arterials should have 1 /4-mile (1,320 feet) access spacing. The two proposed access locations are only spaced approximately 950 feet apart, while the western proposed access location is spaced approximately 1,100 feet from Philipp Drive. Although these access locations do not meet the 1/4-mile guidance, there are currently left -turn lanes provided along the corridor at these access locations. These access locations appear to be located along the corridor to provide evenly spaced intersections, meet access spacing guidelines from CR 83, and avoid the curve east of Independence Drive. Therefore, the external access as proposed is reasonable although special consideration should be made to limit any sight distance impacts from future landscaping and signing at all external and internal intersections within the study area. Although not shown, pedestrian and bicycle facilities should be provided on at least one -side of each roadway, if not both sides. If only one side is provided, consider providing on the north -side of the roadway to maximize sun exposure. Page 206 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 29 SLi Miii a iry an Collin; The following information provides a summary of the analysis performed as part of the Summerland Place Development EAW Transportation Analysis and the identified conclusions for consideration: • All study intersections currently operate at an overall LOS D or better during the a.m. and p.m. peak hours. Lane utilization and queuing issues were identified at the CR 83/Eagle Creek Boulevard intersection, particularly in the northbound direction during the a.m. peak hour. • The current development proposal consists of a total of 590 residential units; which includes 222- units of single-family housing, 68-units of townhomes, and a 300-unit apartment building. Several existing access locations are provided to the single-family and townhome components. Two full - access locations along CR 16 are planned for the apartment building. • Traffic forecasts were developed for the study area to help determine short- and long-term transportation infrastructure needs within the study area. The forecasts were developed using a combination of general area historical growth trends, trip generation estimates based on the proposed development, and data within the Scott County Regional Travel Demand Model. • The proposed development is expected to generate approximately 303 a.m. peak hour, 389 p.m. peak hour, and 4,226 daily site trips. • Results of the year 2025 no build condition intersection capacity analysis indicates that the lane utilization and queueing issues identified under existing conditions is expected to degrade. The CR 83/Eagle Creek Blvd intersection is expected to operate at a LOS E, and northbound queues from the intersection are expected to impact operations at the CR 83/CR 16 intersection. • Results of the year 2025 build condition intersection capacity analysis indicate that operational issues identified under the year 2025 no build condition are expected to degrade as development occurs. In addition to the issues identified under the year 2025 no build condition, the northbound left -turn movement at the CR 16/Independence Drive intersection is expected to operate near the LOS E/LOS F range during the p.m. peak hour. • To address the future capacity and/or queuing issues identified, the following improvements are offered; o CR 83/Eagle Creek Boulevard Intersection • Construct an advanced turn -lane from the US 169 South Ramp intersection through the CR 83/Eagle Creek Boulevard intersection. The advanced turn - lane is provided by extending the inside northbound right -turn lane at the US 169 South Ramp intersection to Eagle Creek Boulevard and constructing an additional northbound thru lane at Eagle Creek Boulevard that feeds into the extended northbound right -turn lane. Page 207 of 276 Summerland Place Development EAW Transportation Analysis December 18, 2019 Page 30 o CR 16/Independence Drive ■ Monitor the CR 16/Independence Drive intersection to determine if/when a traffic signal should be considered. • To identify the number of trips the proposed Summerland development contributes to the transportation system issue along CR 83 under year 2025 build conditions, a trip proportional share analysis was conducted. The resultant proportional share of trips that the proposed Summerland development contributes to the transportation system is approximately 4.5 percent. • Results of the year 2040 no build condition intersection capacity analysis indicates that all study intersections are expected to operate at an overall LOS D or better during peak hours. The northbound left -turn movement at the CR 16/Independence Drive intersection, however, is expected to operate in the LOS E/F range during the p.m. peak hour. • Results of the year 2040 build condition intersection capacity analysis indicate that operational issues identified at the CR 16/Independence Drive intersection under the year 2025 build and year 2040 no build condition are expected to degrade under 2040 conditions. The northbound approach is expected to operate at a LOS F and have a northbound left -turn delay of approximately 1.5 minutes. • To address this issue, consider constructing a traffic signal to improve the p.m. peak hour delays and reduce challenging maneuvers. • A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding internal roadways, access, traffic controls, and circulation. The following improvements are offered for consideration and are found in the site plan review section. Page 208 of 276 *4.C.1. Shakopee City Council May 5, 2020 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: 2018 Trail Rehabilitation Project CIF-18-001 and 2018 Trail Overlay PA-18-01 Policy/Action Requested: Approve Resolution R2020-055, accepting work on the 2018 Trail Rehabilitation Project CIF-18-001 and the 2018 Trail Overlay Project PA-18-01 and make a final payment of $47,183.70 to Northwest Asphalt, Inc. Recommendation: Approve Resolution R2020-055. Discussion: On June 19, 2018, City Council adopted Resolution R2018-071 accepting the bids and awarding the contract for the 2018 Trail Rehabilitation Project and 2018 Trail Overlay to Northwest Asphalt, Inc., of Shakopee, Minnesota. 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 $257,128.85 with actual fmal costs of $263,160.45. 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 $47,183.70. Budget Impact: The total final project amount is $283,933.02. This total includes the fmal construction cost of $263,160.45 and engineering/administration/legal costs amounting to $20,772.57. This project is funded by the Capital Improvement Fund (CIF), and the Park Asset Internal Service Fund as follows: Bid Award Final Project Estimated Costs Page 209 of 276 COSTS Construction Cost $ 257,128.85 $ 263,160.45 Contingency $ 12,856.44 $ 0.00 Subtotal $ 269,985.29 $ 263,160.45 Eng/Admin/Legal $ 26,998.53 $ 20,772.57 Total Estimated Project $ 296,983.84 $ 283,933.02 Cost FUNDING Capital Improvement Fund Park Asset Fund Total Funding $ 236,983.84 $ 60,000.00 $ 296,983.84 $ 223,933.02 $ 60,000.00 $ 283,933.02 The 2018 CIP Budget for the project was $260,000 from the Capital Improvement Fund and $60,000 from the Park Asset Fund. ATTACHMENTS: Resolution R2020-055 o Certificate of Completion Page 210 of 276 RESOLUTION R2020-055 A Resolution Accepting Work on the 2018 Trail Rehabilitation & Trail Overlay Projects CIF-18-001 and PA-18-01 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 18, 2018, Northwest Asphalt, Inc., has satisfactorily completed the 2018 Trail Rehabilitation and Trail Overlay projects in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $47,183.70, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2020. Mayor of the City of Shakopee ATTEST: City Clerk H:AENGAAdministrationVCity Cowsil\2020A2018 Trail Rehab Overlay \ Accept Work Final Payment Page 211 of 276 CERTIFICATE OF COMPLETION CONTRACT NO: CIF-18-001 and PA-18-01 DATE: April 27, 2020 PROJECT DESCRIPTION: 2018 Trail Rehabilitation & Trail Overlay CONTRACTOR: Northwest Asphalt Inc. 1451 Stagecoach Road Shakopee, MN 55379 ORIGINAL CONTRACT AMOUNT $ 257,128.85 QUANTITY CHANGE AMOUNT $ -0- CHANGE ORDER NO. THRU NO. AMOUNT $ -0- FINAL CONTRACT AMOUNT $ 263,160.45 LESS PREVIOUS PAYMENTS $ 215,976.75 FINAL PAYMENT $ 47,183.70 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer Page 212 of 276 *4.C.2. Shakopee City Council May 5, 2020 FROM: Steve Lillehaug, Public Works Director TO: Mayor and Council Members Subject: Scott County, Canterbury and City of Shakopee Agreement for Canterbury Commons Public Infrastructure Easement Acquisition. Policy/Action Requested: Approve authorization to enter into an Agreement with Scott County and Canterbury Park Entertainment LLC for Canterbury Commons Public Infrastructure Easement Acquisition. Recommendation: Approval of the agreement. Discussion: Public infrastructure improvements are being planned and made in connection with the Canterbury Commons development that will require several dedications and exchanges of property and easements between the City of Shakopee, Scott County and Canterbury Park. This agreement will memorialize the understanding and intent as the projects proceed. The follow is a summary of the anticipated land uses on the different city, county and Canterbury Park parcels (see attached agreement and exhibit): • J&J Minneapolis LLC (SANMAR property (Parcel 10) - This parcel was acquired through condemnation by the city. The uses of the parcel include roadway right-of-way (both for Unbridled Avenue and CSAH 83), ponding and utility easement (both for city and county) and a remnant parcel on the north side of the parcel that could be resold. If resold, this revenue would offset the Tax Increment Financing amount used to pay for the parcel. • Twin City's Outboard Property (Parcel 9) - This parcel was purchased by Canterbury Park. The entirety of the parcel will be used for roadway and ponding purposes. A portion of the right-of-way is for Unbridled Avenue and a portion is for the C SAH 83 expansion. The remainder of the parcel will be encumbered by drainage and utility Page 213 of 276 easements for public utilities and ponding. The ponding that will be constructed as part of the Unbridled project is allocated for the Unbridled project, the CSAH 83 project and a future allocation for development and/or public roadway. • Scott County Work Force Center (Parcel 7) - This parcel is owned by the county. The county will be dedicating the right-of-way, drainage and utility easements and temporary easements needed for the Unbridled Avenue project. The county will also be dedicating the right-of-way for the future north -south roadway ("local street") as part of a future Canterbury Commons phase. Remnant parcels would remain the ownership of the county. It is expected that Canterbury Park would purchase the remnant westerly parcel and the county would retain the easterly parcel as part of the Work Force Center campus for parking needs. • Canterbury Park (Parcels 5 and 6) - These parcels are owned by Canterbury Park. It is expected that Canterbury Park and the county will negotiate the easement needs of the CSAH 83 project directly with Canterbury as part of Canterbury's purchase of the westerly Parcel 7 remnant discussed above. Budget Impact: The exchanges of easement rights between the city and county will be dedicated. The exchanges between Canterbury Park and the county will not have an effect on the city budget. ATTACHMENTS: o Agreement • Exhibit A - parcel map Page 214 of 276 AGREEMENT THIS AGREEMENT dated as of this day of , 2020 is entered by and between Canterbury Park Entertainment LLC, a Minnesota limited liability company, successor by merger to Canterbury Park Holding Corporation, a Minnesota corporation and Canterbury Development LLC, a Minnesota limited liability company, (hereinafter collectively referred to as "Canterbury"); City of Shakopee, a Minnesota municipal corporation, (hereinafter referred to as "City"); and the County of Scott, a Minnesota body politic and corporate, (hereinafter referred to as "County"). Canterbury, City and County may at sometimes be referred collectively as ("Parties") and individually as ("Party"). RECITALS: WHEREAS, Canterbury is re -developing its property to include a multi -phased development known as Canterbury Commons that will contain a mix of housing, retail, hotel and entertainment uses ("Canterbury Commons"); and WHEREAS, City is planning a new public roadway system known as the Canterbury Commons Public Infrastructure Projects to accommodate the redevelopment known as Canterbury Commons, ("Canterbury Commons Public Infrastructure Projects"); and WHEREAS, City led a corridor visioning project in 2016 that developed a corridor modernization concept for County Highway (CH) 83; and WHEREAS, City and Canterbury requested that the County program a County Highway 83 modernization project ("CH 83 Project") primarily to accommodate the redevelopment of the Canterbury Commons project; and WHEREAS, County has sought and received federal funding for the CH 83 Project at the City's request that will cover a portion of the cost of the project, which includes trails, sidewalks, stormwater upgrades, turnlanes and geometrics primarily designed to support the traffic needs generated by Canterbury Commons; and WHEREAS, Canterbury Commons Public Infrastructure Projects encompasses several public roadway projects, including the City's Unbridled Avenue construction project on a new alignment known as City Project CP CIF 19-004-11 ("Unbridled"), the CH 83 Project modernization project known as County Project CP 83-24 ("County Highway 83"); and the City's concept for a future construction of a northerly -southerly local street on a new alignment ("Local Street"); and 1 Page 215 of 276 WHEREAS, Unbridled, County Highway 83 and Local Street have proposed right of way needs on each Party's real property; and WHEREAS, County is authorized to exchange and convey land for right of way purposes pursuant to Minn. Stat. Secs. 373.01 and 375.18; and WHEREAS, the Parties desire to work together to contribute the right of way needs for the Canterbury Commons Public Infrastructure Projects referenced above in order to efficiently facilitate, support and further the Canterbury Commons redevelopment project. NOW THEREFORE in consideration of the mutual covenants, the Parties agree as follows: 1. County shall grant to the City, at no cost, easements for roadway purposes and for drainage and utility purposes and temporary easement for construction purposes for Unbridled on County's property assigned PIN 27-904-010-3 as shown on Exhibit "A" by instruments drafted by the City subject to the County's approval as to form. 2. City shall obtain and grant or assign to the County, at no cost to County, easements for highway purposes and for drainage and utility purposes, including for storm water ponds to support each Party's contributory flows, and temporary easements for construction purposes for County Highway 83 on property within the City assigned PINs 27-406-001-0, 27-406-002-0 and 27-055-010-0 as shown on Exhibit "A" by instruments drafted by the County subject to County's approval as to form. 3. Canterbury shall grant to the County, at no cost, easements for highway purposes on its property assigned PINs 27-450-002-0 and 27-450-003-0 as shown on Exhibit "A" by instruments drafted by the County subject to County's approval as to form. 4. County shall grant to the City, at no cost, an easement for roadway purposes 80 feet in width and temporary easements for construction purposes on County's property assigned PIN 27-904-010-3 for the City's concept of a future Local Street as shown on Exhibit "A" by instruments drafted by the City subject to County's approval as to form. 5. City shall facilitate and consummate, at its cost, creating 2 new recordable parcels from County's property assigned PIN 27-904-010-3 either by parcel splits in fee or other appropriate action. City shall obtain all necessary approvals and 2 Page 216 of 276 file of record the new parcels designating a property boundary being the centerline of the right of way for the City's Local Street. City agrees to consummate the parcel splits in fee within 90 days of the effective date of the County granting the right of way to the City for the Local Street. City acknowledges and agrees that the parcel splits in fee are subject to the County's review and approval. 6. For additional right of way needs for the CH 83 Project not covered herein, City agrees to pay County per the Scott County Local Cost Participation Policy for minor arterial highways placed into effect January 1, 2020. 7. County agrees that trails will be constructed on the Canterbury frontage of CH 83 at no cost to Canterbury. 8. City and Canterbury agree that Unbridled and Local Street will be constructed at no cost to the County. 9. This Agreement contains all the agreements and understandings of the Parties hereto. This Agreement may be modified or cancelled only in writing executed by the Parties hereto or by operation of law. 10. This Agreement may be executed in one or more counterparts or in multiple originals, either one of which is as valid as the other and when taken together shall constitute one agreement. 11. This Agreement shall become effective and shall be binding upon the Parties hereto only after it has been executed by each of the Parties hereto. EXECUTED as of the first date written above. COUNTY OF SCOTT By: David Beer Its: Board Chair, Board of Commissioners 3 Page 217 of 276 By: Lezlie Vermillion Its: County Administrator APPROVED AS TO FORM: By: Jeanne Andersen Its: Assistant County Attorney CITY OF SHAKOPEE By: Bill Mars Its: Mayor, City Council By: William H. Reynolds Its: City Administrator CANTERBURY PARK ENTERTAINMENT LLC By: Randy D. Sampson Its: President and Chief Executive Officer 4 Page 218 of 276 CANTERBURY DEVELOPMENT LLC By: Randy D. Sampson Its: President and Chief Executive Officer This agreement was drafted by Scott County, 600 Country Trail East, Jordan, MN 55352 5 Page 219 of 276 EXHIBIT A 1 R:..,11 i'E.4', I tiL4ERi IF 1 04_-/01; NEY0 Rrn C,YERLAY!N'.] EX DsC EASE. 'E,HENI ENT I NE1L , l '0 F'' Tl :m Evsw,1ENT Fre 9E OVERLA EX DkU EASE. I PARCEL '1_.D- 9' COLS, c11,v•IVMS 1111111111111111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111 T .N' SCALE 75 (IN FEET) CSAH 83 EASEMENTS - Parcel 10 27-406-001-0 New R/W (Unencumbered) 12,017 Sq. Ft. New R/W (Over Ex. D&U) 4,786 Sq. Ft. New D&U Ease. (includes Ex. D&U) 14,824 Sq. Ft. New TE 1,0045q Ft. 1 J 150 T IIIII UUU UVU UUI UUI UUI UUI llVJ 111111111111111111111111111111111 H W 1. 11! � CSAH 83 EASEMENTS - Parcel 9 27-406-002-0 New R/W (Unencumbered) 1,450 Sq. Ft. New R/W (Over Ex. D&U) 4,101. Sq. Ft. New D&U Ease. (includes Ex. D&U) 86,960Sq. Ft. New TE HMI Irl %x,l JI Parcel 7 Parcel 10 iouH11 Jill Ill 1 sonvillgioritifficritTigfii10,111,1r ) it I;J 2 Parcel 9• 30.0 ff UNBRIDLED EASEMENTS - Parcel 7A 27-904-010-3 New R/W (Unencumbered) 19,720 Sq. Ft New R/W (Over Ex. D&U New D&U Ease New TE f I 2,427Sq Ft wirr I 3,950Sq FY LOCAL STREET EASEMENTS - Parcel 7A 27-904-010-3 New R/W (Unencumbered) 55,483 5q. Ft New R/W (Over Ex. D&U) New D&U Ease New TE Parcel 6 CANTERBURY PARK SIXTH ADDITION CSAH 83 EASEMENTS- Parcel 6 27-450-003 0 New R/W (Unencumbered) 3,325 Sq. Ft. New R/W (Over Ex. D&U) 7,289Sq. Ft. New D&U Ease. New TE 12,532 Sq. Ft. ZEIg MATCHI[, L 10 J L_-_ CSAH 83 EASEMENTS - Parcel 31 27-055-010-0 New R/W (Unencumbered) New R/W (Over Ex. D&U) New D&U Ease. New TE 493 Sq. Ft. TRACT 2 n f u« 1r7MB°�IP9$� m" v,,.,� r. r„u.,7m ew 'iuilr7lr.�uurr rs".q ue sumaxr. „ „ 1 I ,wrrlc�u:1 1r 6.e/2206127B EXHIBIT A I L' NE t� k oI ,1 I I 1 II I xl Et t r t EFLMATCH ���j 1y ����plDl1lU � ®����� Vi ° N II � I i' II u I- II" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII E,NEE as. lle 1 Y m p1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1l1llll X rr`UaC.. t.nrr �.-= t NT L: ri ( � Ilrul I uw ` CII u -«7.«, I w 11 tl tmc.. T ''0 -' II A +' ICI l 1 Inc ana:c ni i.rezv: III („ - TE�vIPOC 1 'FW FL F\ �I 1 `1 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TFOIP I -N F F xF. AEEE EX), _ III u4. e" ACdt YU �C,WYJ!T1h x IC i I I' I - CONSTRUCTION LEVIES ((I I n I 115 0pp I I 1,0 4 I ! 4 W 1 V 4I �I p N IIR ry � i' I 1 Pr I� c, � III IP qqq 1 I� s 1J III II I T J SCALE 0 60 120 Ip 111u I I 1, it 1 1 dp III 11 II u�l III 1 II yy1 ii� IlE3' a, i�,� ,, 0 ' Y 1.: t P 1 I 1 ,1I l� "I � I I s y II "—'nW`y uul:ul rr ,Y n� rI al I' '.: iL Y [LYI A (IN FEET) II„I,olir.r; i°rlr Irri nir�11'°un.'v A YIry Ir nul YY �m rim. m Yn /,1', �« lulwl irmm u 1-nlr, 1. 1. YYrAY'1, 1 .,.,......„, I)vxx\ ==�- I „lu .„, Parcel { Ilyy ,/ ~ „" ,„, " ',,,,„ •, .-�....., 1 /® � p0 F .. CSAH 83 EASEMENTS - Parcel 5, 27-450-032-0 ! J�` r „/ � �y I' f N 1�r < New R/W (Unencumbered) 3,506Sq. Ft ,?• i '� New R/W (Over Ex. U) EAU) 22,533 Sq. Ft.--" , I • New D&U Ease. NewTE - 10,253 Sq. Ft ! ,," u I A ERR uP I'„ 'ARI< s' 9 'vl 1-11 nvi Ivy v ,„ � J ,„ n, " rJ I II/nnIIn1 ,,!d', Im « n,/.+ur 10.0 s „„ •, ,„ "„, ,„„ ",r" !,,',/ • •,,„„„„ YIrtYY"m1uirnrrR°rlrntit,rvifY"l urrrlr�i;... worr MEIN Al_ ElAmor,c l I �a�rl �r ijr'rl Ir<Y,I a � EMIT � ar� NE Ira. ]i xt ==_ ,,,, wu�Irl„mPlI IumvurIFrot,IIlr/' i' IT W- EI}I^I,\It Yl url Et rA\1K N t9 II II 1 litAll rnfi fl E'PR 1 'wl I° � ` a ( N 10 �� 11 III 11 51 II11 11 o k � a I i I ....... r Im.I �I"I a�/ �I, d II III o unHl I1 ,I III III PI fill �A 1�III I ull f1lI IN"IIII I14 �,.1I�I ��/I 1 ul _ , -\ 1 .., nir ill irr�idnYrrrnililri r✓r�'��, y r { I�a -dI ,r IV�I III�^ImIrY ll ItrlYWYIuI I,rrrrII l tI ..dr�i. xirh I '— I F rf �Fw 11 r � 10 0' �I I dal �.Ny 1 III 9" ',,I, i� �iT'IRD nVVV"\1Nrl,A" I ru "aLiII V.I.(' /a Y'",.a.IIl, rY ,,,- b 1' 11' 1 � ��" rr Y�YIIII'°II;�Irlll`II"I;"'r�lllll�I� il I111 Flll,ll,'I II I1 U-11V o-Yr ^Yr 1 rt U ce i X �^ , I n�.. rl rt4m n Fl)u✓m ri,x„' vt�.x+4utkRnau rn :Unl tel.:Srvp,rrv, _�, rue «asu,n2 n nls rn mamma,-o-1 111^1^1 - �Ul�rAO�I///�� (- m� -v �u„'7_� ., ,.. , -- t I YurYlc�uei� PA6e/223' 27 *4.C.3. Shakopee City Council May 5, 2020 FROM: Micah Heckman, Project Engineer TO: Mayor and Council Members Subject: Construction Cooperative Agreement with Scott County for the CSAH 42 expansion from CSAH 17 to CSAH 83. Policy/Action Requested: Authorize the Mayor and City Administrator to enter into a Construction Cooperative Agreement with Scott County for the CSAH 42 expansion project. Recommendation: Approval of the agreement and action requested. Discussion: The reconstruction and expansion of County State Aid Highway (CSAH) 42 has been programmed by Scott County as part of their Transportation Improvement Program (TIP) in 2020. A portion of the proposed reconstruction is within City of Shakopee municipal limits and thus the city is required to participate in the cost of the reconstruction project per the county's funding policy. The proposed reconstruction project would expand CSAH 42 from two lanes of traffic to four lanes of traffic between CSAH 17 in Shakopee and CSAH 83 in Prior Lake. The proposed project will also provide pedestrian trails and expand stormwater treatment for the roadway. Following Council approval to proceed with a Construction Cooperative Agreement, city staff has been coordinating the details of the agreement with Scott County staff. The Construction Cooperative Agreement and cost participation table are attached. The cost participation table has been updated to reflect bid prices received by Scott County in spring 2020. Budget Impact: The City of Shakopee 2020 CIP has budgeted $1,420,000 for this project participation. The Page 222 of 276 proposed city participation based on the bid results is $926,191.14 and falls within the budgeted amount. It should also be noted that the city expects to incur these expenditures that may be financed temporarily from sources other than bonds, and reasonably expects to reimburse itself for such expenditures from the proceeds of tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, utility fees, or any other available funds; ATTACHMENTS: Construction Cooperative Agreement Page 223 of 276 County Project No. CP 42-19 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2020, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". RECITALS: A. County and the City seek to improve County Highway (CH) 42, the project will reconstruct and modernize a 1.4 mile segment of CH 42 from CH 17 to CH 83 from a two lane undivided roadway to a four lane rural/urban hybrid divided roadway. The project will improve roadway profiles, install turn lanes, formalize access locations, improve storm water management, and add trails along the roadway (hereinafter referred to as the Project). B. A portion of the above described Project lies within the corporate limits of the City. C. The County Engineer has prepared an estimate of quantities and unit prices of material and labor based on bid results for the above described Project and an estimate of the total cost for contract work in the sum of nine hundred twenty six thousand one hundred ninety one dollars and fourteen cents ($926,191.14). A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. D. It is contemplated that said improvement work shall be carried out by the parties under the provisions of Minn .Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The recitals above are incorporated herein. 2. The County shall advertise for bids for the work and construction of the aforesaid Project No. CP 42-19, receive and open bids pursuant to said advertisement and enter into a contract ("Contract") with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The Contract will include the plans and specifications prepared by the County or its agents, which plans and specifications are by this reference made a part hereof. 1 Page 224 of 276 County Project No. CP 42-19 City of Shakopee County of Scott 3. County shall have overall authority to administer the Contract and inspect the construction of the Contract work for the Project. County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. 4. City shall reimburse the County for its share in the construction cost of the Contract work for said Project and the total final contract construction cost shall be apportioned as set forth in the Cost Participation Summary in Exhibit "B". It is further specifically agreed that the estimate referred to in this agreement is only a preliminary estimate of the construction cost for the contract work on the project and that the unit prices set forth in the Contract and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions of this paragraph. 5. In addition, the County and the City further agree to apportion costs designated as Engineering, and Contract Administration costs, which includes all actual costs of planning, design, environmental review, permits, preparation of bid, specifications and contract administration. Division of the aforementioned costs shall be determined by application of the same percentage used to calculate City's proportion of construction cost shown in Exhibit B to the engineering and administration costs determined by County. 6. In addition to costs above, Right of Way costs will be shared by the parties and shall be apportioned at a percentage set out in Exhibit B for the functional class of the existing roadway and include all associated costs of right of way in the City's jurisdiction within the project limits. These costs include right of way acquisitions, easements, private utilities with property rights, including appraisal costs, property management, demolition, staff, attorney fees, recording fees, plats, etc. 7. The City shall, based on the Contract price, deposit with the Scott County Treasurer one hundred percent (100%) of the estimated City's share of the construction, and estimated engineering and right of way costs (as shown in Exhibit B), within thirty (30) days after award of Contract or execution of this Agreement, whichever is later. The final amount of the City's share of the costs of the Project shall be determined upon completion of the Project and any amount remaining due to the County shall be reflected in the County's final, itemized, statement of the Project costs submitted to the City. In the event the initial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. 8. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. 2 Page 225 of 276 County Project No. CP 42-19 City of Shakopee County of Scott 9. Since each party is a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 10. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 11. County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highway included in the Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. 12. City further agrees to guide the CH 42 Corridor as a Principal Arterial for access, right of way needs and land use consistent with a Principal Arterial. The City agrees that any redevelopment of the existing land use on the parcel know as Minnesota green shall have access relocated to a local public street. Both the City and County will work cooperatively through the development process to meet that requirement. 13. City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project. 14. Upon completion of the Project, the City at its expense shall perform debris removal on the trails constructed with the Project. The City shall also perform snow removal at its expense and discretion on the trails constructed with the Project. 15. Upon completion of the Project, the preventative maintenance on trails constructed with this project, including sealcoating and crack -sealing, will be a shared cost responsibility at 50% and Scott County will administer the process. 16. Neither party, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other party for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the other party, or arising out of the negligence of any contractor under any contract let by the other party for the performance of said work; and each party agrees to defend, save, keep and hold harmless the other, its officers, 3 Page 226 of 276 County Project No. CP 42-19 City of Shakopee County of Scott agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 17. It is further agreed that neither party to this Agreement shall be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense and indemnify the other party for any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims arising from a single occurrence, include the other party's claim for indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the Parties' total liability shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit. 18. It is further agreed that any and all employees of each party and all other persons engaged by a party in the performance of any work or services required or provided herein to be performed by the party shall not be considered employees, agents or independent contractors of the other party, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the employing party and shall not be the obligation or responsibility of the other party. 19. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein, including Exhibit A, which is attached and hereby incorporated. 20. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is 4 Page 227 of 276 County Project No. CP 42-19 City of Shakopee County of Scott finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 21. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 22. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. The County's Authorized Agent for the purpose of the administration of this Agreement is Mandy Flum, Program Specialist, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8043. The City's Authorized Agent for the purpose of the administration of this Agreement is Steve Lillehaug, Public Works Director or his successor. His current address and phone number are 485 Gorman St, Shakopee, MN 55379, 952-233-9300. Any change in name, address, or telephone shall be noticed to the other party. 5 Page 228 of 276 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And William Mars, Mayor William Reynolds, City Administrator Date Date ATTEST: COUNTY OF SCOTT By By Lezlie A. Vermillion, County Administrator Dave Beer, Chair of Its County Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date Page 229 of 276 EXHIBIT A POLICY STATEMENT kisthe policy "fScott County Government toprovide Equal Opportunity tnall employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives, arid regulations of Federal, State, and local governing bodies or agencies 1hnmnt including Minnesota Statutes, ohapocr3x3A. Scott County will not engage inany employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, martial status, sexual orientation, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, $emuUon, tmnsfer, recruitment orrecruitment advertising, ao|actiun. layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nond iscrim i nation rules and regulations into contracts and will commit the necessary time and resources h,achieve the goals ofEqual Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, arid local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and local agencies, The Scott County Administrator will receive and review reports on the progress ofthe program, ifany employee orapplicant for employment believes hcnrshe has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations, Government Center Room 2O1.20UFourth Avenue West, Shakopee, Minnesota 55379'1220.vrcall (852)49O'81Oo. LozlioaA. Vermillion Scott County Administrator Ath /-gv� Date BarbVveckman Brekkn Dote Chair, Board ofCommissioners Page 230 of 276 EXHIBIT B Cost Allocated Based on Bid Results *ROW/Engineering estimates subject to change Scott County Local Cost Participation Policy Principal Arterial CP 42.19 County Shakopee Prior Lake SMSC Total Highway mprovements - Recons ru on/Expans on Total Esti a es* 8,972,776.74 $635O963.86 $262181288 Cost Participation Percentage 92, 9' 7.5% 7, % Total Hwy p Cost 58,299,818.4847 , 22.29 $196,63L97 50,00 $8,972,776,74 Aesthetics Pre iminary Aesthetics Estimate* 0.00 0.00 Cost Par icipa ion Percentage 50% 50% Total Aesthetics Cost 0.00 50.00 50.00 50.00 50.00 Multi -Use Trails & Sidewalks Total Trail, Sidewalk, ADA Estimates* 262,593.97 $163,693.07 $Y8,tlaO.9O Cot Participation Percentage 60% 60% Tatal T a I, Side a k, ADA Cost 05,0 7.59 598,215,84 559,340.54 50.00 5262,593,97 Public U ili ies Total Public U ili ies s i ate* ll) $1O,36656 $21,078.93 Cost Participation Percentage 100% 100% ad aiiiiag Total a ilia y Utflites F aial 111111111 [alai Cost4 go " P'171111"7911117"11111117 ia a la( 5000 i6kii«ii ill 50.00 Iglu( 510,366,56 akidiratai 521,07893 ii (Alit Ill to(iiiiiial '1'71P"'' 531,44549 County Shakopee Prior Lake SMSC Total Right of Way Total ROW Estimate** $770,000.00 $280,000.00 $500,000.00 $1,550,000.00 Wetland Replacement Cost*** Wetland Acreage*** Cost Participation Percentage 30% 30% Total ROW & Wetland Cos 9735,000.00 9231,000.00 984,000.00 $500,000.00 $1,550,000.00 Engineering & Construction Engineering Total Construction Estimate (Hwy Imp, Aesthetics, Trail, Utilities)* $574,538.13 $266,343.07, Estimated Cost Participation Percentage 21° 21% Total Engineering Cost 90.00 $120,653,01, 555,932,04 Um* $176,585.05 Fiber Cost Participation Percentage 100% To II Fiber Coat Villiffilliffill...............11EZEIZIEffilliffiffilliffillEZEIERMEEITZEIBBEEESEEEIMBEllif 590,000.00O. MOO 50,00 Ore 590,000.00 IfElErip1412 Snapshot Summary County Shakopee Prior Lake SMSC Total Total Constructlon 4,856.07 574,5 266,343.07 2 ,07 9,266,816.2 tal ROWC 735,000. 231,000. ,000 0 ,000. ,550,000 0 11 1 Tota Englneering C Tot 11Fiber Cos 0.00 ralr ff 20,653.0 11 55,932.04 76,585.05 ,0 ,00 11,11,11.11111111,11MPI Rata um. TIMM 411111illi *Actua an t bid price will determine actual costs **estimated SMSC ROW previous y dedicated contibution *•*This assumes all Wetland Impacts are LGRWRP eligible (potential wetland credits from previous estimates were $311,197 for Shakopee and $52,682 for Prior Lake), will update when LGRWRP credits withdrawn. Page 231 of 276 7.A. Shakopee City Council May 5, 2020 FROM: Nathan Reinhardt, Finance Director TO: Mayor and Council Members Subject: Issuance of conduit revenue bonds to finance the construction and equipping of an expansion of the emergency department, cancer treatment and other capital needs for the St. Francis Regional Medical Center. Policy/Action Requested: Open the public hearing, take comment, close public hearing and vote on resolution. Interested persons are able to submit comments through a form available on the City website. Staff from St. Francis Regional Medical Center have prepared a presentation for the meeting. Recommendation: Approve Resolution No. 2020-066 Regarding the Issuance of Revenue Obligations under Minnesota Statutes, Sections 469.152 through 469.1655, as Amended, For the Benefit of St. Francis Regional Medical Center. Discussion: Passage of this resolution approves the issuance of up to $25 million in conduit bonds to finance the construction and equipping of an expansion of the Emergency Department, Cancer Treatment and other capital needs for St. Francis Regional Medical Center. St. Francis owns and operates an 89-bed acute care hospital in Shakopee that was built in 1996. A range of inpatient, outpatient and emergency care services are provided to patients principally in the Shakopee area. The proposed conduit bonds will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City and will not be secured by any taxing power of the City. The bonds will not be subject to any debt limitation imposed on the City, and the issuance of the bonds will not have any adverse impact on the credit rating of the City, even in the event the borrower defaults. Page 232 of 276 Budget Impact: The borrower will agree to pay out-of-pocket expenses of the City with respect to this transaction as well as the City's administrative fee ($100,000 estimated). ATTACHMENTS: o Letter from Kennedy and Graven • Resolution 2020-066 - St. Francis Conduit Debt • St. Francis - Presentation Page 233 of 276 Offices in Minneapolis Saint Paul St. Cloud 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer JULIE A. EDDINGTON Attorney at Law Direct Dial: (612) 337-9213 Email: jeddington@kennedy-graven.com April 27, 2020 Nathan Reinhardt, Finance Director City of Shakopee 485 Gorman Street Shakopee, MN 55379 Re: Resolution providing preliminary approval to the issuance of conduit revenue bonds by the City of Shakopee for the benefit of St. Francis Regional Medical Center Dear Nate, St. Francis Regional Medical Center, a Minnesota nonprofit corporation (the "Corporation"), has proposed to undertake the expansion and improvement of the Corporation's emergency department, the expansion and improvement of the Corporation's cancer center, and other improvements to the Corporation's acute care hospital facilities located at 1455 St. Francis Avenue, Shakopee, Minnesota (collectively, the "Project"). In order to provide financing for the capital costs of the Project, the Corporation is requesting that the City of Shakopee (the "City") issue one or more series of taxable or tax-exempt revenue bonds (the "Bonds") in the maximum principal amount of $25,000,000. Enclosed is a resolution for consideration by the City Council on May 5, 2020, following the public hearing. Because the financing structure for the Bonds is in the process of being negotiated, the City Council is being asked to consider the enclosed resolution, which provides preliminary approval to the issuance of the Bonds. Once the financing structure has been finalized, the City Council will be asked to consider a separate resolution at an upcoming meeting to approve the forms of financing documents as well as provide final approval to the issuance of the Bonds. The Bonds, if issued by the City, will be issued pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended. The Bonds will be secured solely by the revenues derived from a loan agreement to be executed by the City and the Corporation and from other security provided by the Corporation. The Bonds will not constitute a general or moral obligation of the City, will not be secured by or payable from any property or assets of the City (other than the interests of the City in the loan agreement), and will not be secured by any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City, and the issuance of the Bonds will not have any adverse impact on the credit rating of the City, even in the event that the Corporation encounters financial difficulties with respect to the Project to be financed with the proceeds of the Bonds. The Corporation will agree to pay the out-of-pocket expenses of the City with respect to this transaction as well as the City's administrative fee. 111 = 1 " " 625488v2TT150-2 Page 234 of 276 Please contact me with any questions you may have prior to the City Council meeting. Sincerely, Julie A. Eddington SH155-479 (JAE) 650262v1 2 Page 235 of 276 CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION REGARDING THE ISSUANCE OF REVENUE OBLIGATIONS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655, AS AMENDED, FOR THE BENEFIT OF ST. FRANCIS REGIONAL MEDICAL CENTER BE IT RESOLVED by the City Council (the "City Council") of the City of Shakopee, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is a statutory city and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02. The City is authorized by Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals and related medical facilities. 1.03. St. Francis Regional Medical Center, a Minnesota nonprofit corporation (the "Corporation"), has proposed that the City issue its one or more series of taxable or tax-exempt revenue obligations (the "Bonds") in the aggregate principal amount not to exceed $25,000,000 and loan the proceeds thereof to the Corporation to (i) finance the capital costs of the expansion and improvement of the Corporation's emergency department, the expansion and improvement of the Corporation's cancer center, and other improvements to the Corporation's acute care hospital facilities located at 1455 St. Francis Avenue in the City (collectively, the "Project"); (ii) finance capitalized interest during the construction of the Project; (iii) fund required reserves, if any; and (iv) pay costs of issuance of the Bonds. 1.04. Pursuant to Section 469.154 of the Act, prior to the issuance of the Bonds by the City, the Commissioner of the Minnesota Depailinent of Employment and Economic Development ("DEED") must approve the costs of the Project to be funded by the Bonds on the basis of an application submitted by the City with all required attachments and exhibits. 1.05. On the date hereof, the City Council conducted a public hearing on the issuance of the Bonds to finance the Project. Notice of the hearing (the "Public Notice") was published as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, and Section 469.154, subdivision 4 of the Act. The Public Notice was published in the Shakopee Valley News, the official newspaper of and a newspaper of general circulation in the City, on a date at least fourteen (14) days prior to the date hereof. The public hearing was held by telephone or other electronic means in accordance with Minnesota Statutes, Section 13D.021, and pursuant to a resolution providing for electronic meetings adopted by the City Council on March 17, 2020. During the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the issuance of the Bonds. Page 236 of 276 Section 2. Preliminary Findings. The City Council hereby reaffirms its preliminary findings made in the resolution adopted by the City Council on April 7, 2020: (a) The proceeds of the Bonds will be loaned to the Corporation and the proceeds thereof will be used to finance the acquisition, construction, and equipping of the Project, finance capitalized interest during the construction of the Project, fund any required reserves, and pay costs of issuance of the Bonds. The City will enter into one or more loan agreements (or other revenue agreements) with the Corporation requiring loan repayments from the Corporation in amounts sufficient to repay the loan of the proceeds of the Bonds when due and requiring the Corporation to pay all costs of maintaining and insuring the Project, including taxes thereon to the extent the Project is not exempt from such taxation under state law. (b) In preliminarily authorizing the issuance of the Bonds, the City's purpose is to further the policies of the Act. (c) The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof, will not be a general or moral obligation of the City, and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Preliminary Approvals. 3.01. The City Council hereby states its preliminary intention to issue the Bonds in the maximum aggregate principal amount of $25,000,000 to (i) finance the acquisition, construction, and equipping of the Project; (ii) finance capitalized interest during the construction of the Project; (iii) fund any required reserves; and (iv) pay the costs of issuing the Bonds. The issuance of the Bonds is subject to the mutual agreement of the City, the Corporation, and the initial purchaser(s) of the Bonds as to the details of the Bonds and provisions for their payment and to approval of the Project by DEED. In providing preliminary approval to the issuance of the Bonds, the City finds that the Project furthers the purposes of the Act. 3.02. The law firm of Kennedy & Graven, Chartered, acting as bond counsel ("Bond Counsel"), is authorized to assist in the preparation and review of necessary documents relating to the Project and the Bonds issued in connection therewith. The Mayor, the City Administrator, and other officers, employees, and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. Section 4. Costs. The Corporation will pay the administrative fees of the City upon issuance of the Bonds and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the financing of the Project and issuing the Bonds, whether or not the Bonds are issued. Section 5. Commitment Conditional. The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Corporation. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. passage. Section 6. Effective Date. This resolution shall be in full force and effect from and after its 2 Page 237 of 276 Approved by the City Council of the City of Shakopee this 5' day of May, 2020. ATTEST: City Clerk SH155-479 (JAE) 649410v2 Mayor 3 Page 238 of 276 11111 1111,1,1,1,1,11,1,1 , 11110111111111111111111111111111111111, ' m'111111111111mmmmmmmmmMMmmmm""' 111:1111111111111111vvvvmvmvvvvvvvvvm, vv„ 1111111111 111111111111111111111111111111g 1v1v111111111111111111111111111V 111111111111111111111,1,1' m1111111111111,11,11,111:1;11;11,1mImm, 1111111h1111r1g1g111111111111111,,v 111111111111gg11"1111111,11111g, „v,;;;;;;„'' 1 1 11111111 mgmg" 1110 v „v, „ ,vordivrovossig 1,0,011vvr. vivvvvrvvvv fg1K rffMrail go, fi,,1' ,11 11,11MIIM:1511billif mmmmmmmmmmmmmmmmm,mmmmmmmmmmmmmwmm lum)r tl!"1 1,11 .idasiviploguroveyvolvvvommovv00, rail* vitilliW2111 4-, 1111111111111 — 111111,111111161,1111111111,1,111111111111111,11111,1,1,1111,1111,111,1m ' g,111'111,1,11mmlOmm1111(11,mg 00000000 111111111111:1,, m,,mm mm,m,mmn14m1m111,1111m11,1111,1u 1111111111' 1111111111111111111! 111111111111111111111111111111111111111111111lovvvvv, 1111111111111)111111111111111111111111111111iM,m 111M CD cn C 0 G) ---• U [2Ci) a) U 0_ 0-) co 0 c •_ -0 06 co (1) a) 2 2 0 c U co c co c cz i I..L . c Q 0_ L.L .- bO > CDIX t E O N N U = V . 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IIII uuuill III 1,o 11411111111111111 1111111111111111111111111111111 4-• w E 4-i I. ca 0_ CI V i CD aA cu E w i 4-• • CU a • 27,000 Sq Ft ($12,000 new) ncrease from 21 to 35 exam rooms • a) 4-, N ca v) .c 0 O F2 _c 4-) c6 a) _c co 4-• 4u E Lc) • • c 0 • G Lli Ni N -v).. +-) cu to CO73 • • Groundbreaking — September, 2020 • i 0 fa (7 X W bA 0 V i 0 1 w a • 4,200 sq ft new 0 O NI O �' (NI bp NIX O cu L. co NI �o � a)s u co E O co oO O O Vc 1 2 O p coca — . c 4� .= 4-) 4) to E co caL. einm .,, 2 c E ca 0 LE c 0 2 O ED +� 0 V p Li. • O P.' ca • . m co 0 N 0 N in a) i a) N I 0 c 0 m a) c a) aJ CC o — V co Iu to 2 c co V 0 c s as 4-' c (Ts._ a) u I CO . V 0 2 co c o . 0) a) • Borrower: St Francis >, 0 c E W >, a) E 0 0 .. a) u) c D 0 0 a) C0 2 a) 0 E- a) o 0 0 ssuer: City of Shakopee, Minnesota c 4) o_ a) > n- Eli 0 a) W ▪ " >, a) CD C c a) c • • a) 0 0) < c O 0 L 0Eo -o o-o c U c o co co CO 0_ Cn 10.A. Shakopee City Council May 5, 2020 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2020 activity. The following transactions are notable for this reporting cycle: • Advanced Engineering & Environmental has several projects they are working on for the city. These invoices are; 2019 Drainage & Flood Prevent $21,666.95, Main Lift Station Evaluation $17,773.60, 2019 Erosion Pond Outlet Imp $10,269.25 and West End Sanitary Lift Station $8,687.65. • Minnesota Pump Works invoice is for emergency repair for Lift station 16 pump that failed. $46,692.00. • Municipal Emergency Services purchase of Self -Contained Breathing Apparatus Equipment (SCBA) approved by council on February 18, 2020. $49,896.00. • Enclave/DECO has made draw request 5 totaling $478,872.11 as part of the redevelopment grant. This will be paid back with tax increment financing from TIF district 20. Included in the check list are various refunds, returns, and pass through. Page 248 of 276 Budget Impact: Operating and capital expenditures within the 2020 budget. ATTACHEVIENT S : o Council Check Summary a Council Check Register a Bill List Transfers Page 249 of 276 4/30/2020 13:41:23 CITY OF SHAKOPEE O F 0 J N CO 0 Council Check Summary e actual amount due to data sequencing and/or data Payment amount may not r of Z C O E c m E 0 (O N- O CV CD CO 00 CO _ O CO N- N (0 7 0) co (O 1— lO h COlO O 7 O lO 0) 0) 0 7 7 h O (O 0) C) 0) OD N 0) N N (O V (") I- O V co 0) I- 0) co V co (n V O I� r co (O CO V CO O V O (O V co (O 0) CO N I� W O 0) 0) co- co C) OD 0) 0) co- n O 1— co CO r V CVV CO (() V V 0) GENERAL FUND FORFEITURE O 0 O N O N O o 02150 SHAKOPEE GOVERNMENT TELEVISION 02180 LODGING TAX 02190 ECONOMIC DEVELOPMENT AUTHORITY PARK DEVELOPMENT CAPITAL IMPROVEMENT FUND TIF DIST #18 CANTERBURY COMMON TIF DIST#20 ENCLAVE DEVELOPME TREE REPLACEMENT SEWER FUND SURFACE WATER FUND EQUIPMENT I.S. FUND PARK ASSET I.S. FUND INFO TECH I.S. FUND BUILDING I.S. FUND SW METRO DRUG TASK FORCE INVESTMENT TRUST FUND O r CO O O O O (0 (O O 0) O N N OD CO O O O O O O r N 0) O O O O V CO CO COCO CO O O v v v 'I' 'I'(— (— (— (— (— (— w co 0 o 0 0 0 o O 0 O O O O 0 Page 250 of 276 4/30/2020 13:41:09 CITY OF SHAKOPEE O O (n 0 uo N 0 Council Check Register by GL Council Check Register and Summary Business Unit Account Description O) co Q Account No O Z C Z U 0 0 0 Supplier / Explanation C O 0 U 0 567 WORKSHOP O N C) N CO O ROOM RENTAL- NONTAXABLE/EXEMPTCOMMUNITY CENTER MAYOR & COUNCIL DESIGNATED MISCELLANEOUS SANITARY SEWER UTILITY FUND OTHER PROF SERVICES EQUIPMENT I.S. FUND EQUIPMENT EQUIPMENT I.S. FUND EQUIPMENT N N CO CO O O O O O O N. O I— O O O CO• C) N- N- 7 co 7 O O O N-. O O O co CO co O O h I— I` 133664 249176 REFUND ROOM RENTAL ACCESS NETWORKS 146586 4/23/2020 7 7 O (0 N N N N CO CO (0 0) BROADBAND DEPLOYMENT CITY CONT BROADBAND DEPLOYMENT CITY CONT O O O O O O O O O O lD lD (0 7 7 0) N N N N CO CO CO O LC) LO CO CO ACE TRAILER SALES T CM (0 LD 0 CO CO O ▪ Y Y 0) CO 128697 ADVANCED ENGINEERING & ENVIRONMENTAL SER ENGINEERING/DESIGN CONSULTANTS SEWER MANAGEMENT ENGINEERING/DESIGN CONSULTANTS STS20-002 DRAINAGE/FLOOD PREVE ENGINEERING/DESIGN CONSULTANTS SEWER MANAGEMENT N N N LO in 10 (0 (00 ((0 CO CD • co O I'— 6) 0) 0) 0OO I� W I� CO CO CO I,- CO I. c0 CO CO COMMUNITY CENTER BUILDING MAINT. ICE ARENA BUILDING MAINT. ICE ARENA BUILDING MAINT. In 0 0 CO CO CO 7 C) C) f` O CO CO I� CO CO O 6) O 7 (V CO ▪ N r 6) r N 7 CO CO W I� Ct7 I� W CO7 7 7 I- N. N. N. N- N.-1f) LO LO CO CO CO CO CO CO r r r SWMDTF - FEDERAL FORFEITURES OPERATING SUPPLIES O (0 CO CO OPERATING SUPPLIES 0321.6202 OPERATING SUPPLIES OPERATING SUPPLIES ICE ARENA BUILDING MAINT SUPPLIES OPERATING SUPPLIES BUILDING MAINT SUPPLIES COMMUNITY CENTER BUILDING MAINT SUPPLIES NO O O NO O 0 CO 0 CO CO 00 CO NNNNCO CO C N 7 N N CO r- (D 0) CO CO CD O O O O O O (() 7 7 0m W CV I� CO LO CO 7 7 co 7 co CO CO CO CO OD CO CO (Y-) 7 7 CO CO CO CO CO CO 6) 6) (0 (0 LO LO 0 CO 0 r C) 7 CO (7) 0 (0 r 7 I-- I` I` 6) CO 0) I- r- (` N. 0) 0) O CO N. N. 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L() L() M 146596 4/23/2020 130974 CASTELLANO, MARGIE 146597 4/23/2020 133636 258599 REFUND LIONS PARK SHELTER 104152 CDW GOVERNMENT INC 146598 4/23/2020 133634 XMH8717 COMM. MACBOOK REPLACEMENT 101349 CENTERPOINT ENERGY SERVCIES INC 146599 4/23/2020 133658 6402189118-5 RIVERFRONT BLUFF GAS C0 O N CO Page 252 of 276 128747 CHANT, ANNE 146600 4/23/2020 4/30/2020 13:41:09 CITY OF SHAKOPEE O Cn 0 J N OC U 0) 0) CO Council Check Register by GL Council Check Register and Summary Business Unit Account Description 0) 0) a N Q Account No O Z C 0 a Supplier / Explanation C 0 E 0) (0 0 4t 0) V U Continued... CHANT, ANNE a N O O N N O O PARK SERVICES DAMAGE DEPOSIT O O 0) (O CO CO N. N. 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JUAREZ, HOLLY 146617 4/23/2020 COMMUNITY CENTER ROOM RENTALS COMMUNITY CENTER ROOM RENTALS EQUIPMENT I.S. 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SIGN SOURCE, INC CV O N N Zet LC/ O SOSA, AMPARO CO O 146655 4/23/2020 PARK SERVICES DAMAGE DEPOSIT 0) 0) LO LO CO CO LO LO N N CO CO ✓ V CO CO CO CO CO CO REFUND YOUTH BUILDING REFUND YOUTH BUILDING O 0 O 0 O O O O N N O O O SOUTHERN MN AREA ASSEMBLY 0 O 146656 4/23/2020 ROOM RENTAL- NONTAXABLE/EXEMPTCOMMUNITY CENTER ENGINEERING/DESIGN CONSULTANTS CIF19-004-11 UNBRIDLED AVENUE ENGINEERING/DESIGN CONSULTANTS CIFTBD-007 MARYSTOWN RD/TH169 ENGINEERING/DESIGN CONSULTANTS CIF20-004 20 FD PAVEMENT RECON PLANNING OTHER PROF SERVICES CIF19-004-11 UNBRIDLED AVENUE IMPROVEMENTS N N N N I- O CV C.0 N. M M C) M r- 7 c0 c0 c0 c0 co V O V LO O I— co O co r7.- co co (00 (00 (00 O COD 133649 258589 REFUND COMMUNITY CTR ROOMS 109655 SRF CONSULTING GROUP INC 146657 4/23/2020 12489.00-12 LO O O 0) co 12634.00-11 11925.00-16 N 7 LO CO CO LO LO LO CO CO CO CO CO CO CO CO CO CO CO CO T & D ELANDER LLC 146658 4/23/2020 133590 PARCEL 4 PURCHASE O O N M CO TARONNO,TONY O O 146659 4/23/2020 PARK FAC. 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(` 0 0 0 0 0 f` f` 0- C) M M M m m M M M (+) 0) M CO CO CO CO CO CO M CO CO CO CO CO 952-496-1424 Admin CH Elevator 952-445-8546 Ice Arena 952-233-3855 Fire #1 952-233-3851 Library 952-233-3849 Schleper Stadium 952-233-3838 Fire Station #2 952-233-3827 Comm Ctr 952-233-3806 Streets 952-233-3806 Parks 952-233-3806 Shop 952-233-3801 Admin Fax 612-E40-1102 911 Line Page 261 of 2767 952-496-7682 Police (() M N CO (n 7 M O cc) m M CO O CO 7 M (n CO CO O O N CO CO CO CO O CO I� 7 7 CO 6) N 6 Is (` (` 7 CO O CA (() O (() N- 0) LO (O LO CO O r r N N r N 146672 4/30/2020 4/30/2020 13:41:09 CITY OF SHAKOPEE O 0) 0 J N U N Council Check Register by GL Council Check Register and Summary Business Unit Account Description w 0) a a) 0 U Account No Z 0 O Z 0 O 0 0 LL Supplier / Explanation Continued... 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CO 7 CO 7 N Cr) l0 7 CO co La; N M CO N N N l0 M N 0) V O 6) GO N N CO L0 O O co l0 l0 V N 0- V N N V ▪ N l0 N N N Page 262 of 276 4/30/2020 13:41:09 CITY OF SHAKOPEE co N a Council Check Register by GL Council Check Register and Summary Business Unit Account Description -o 0 co Account No O Z C Z U O 0 a Supplier / Explanation C 0 E 4t U 0 Continued... CENTURYLINK co rn aD O N O N CO O SANDVENTURE POOL TELEPHONE ICE ARENA TELEPHONE COMMUNITY CENTER TELEPHONE PARK SERVICES TELEPHONE COMMUNITY CENTER TELEPHONE RECREATION TELEPHONE TELEPHONE TELEPHONE TELEPHONE EDA MANAGEMENT TELEPHONE EDA MANAGEMENT TELEPHONE SEWER MANAGEMENT SURFACE WATER MANAGEMENT SEWER MANAGEMENT SURFACE WATER MANAGEMENT Z Z Z Z Z Z Z Z Z Z FORMS/CLOTH FORMS/CLOTH 2 2 2 H H H O O O J J J U U U 0) 0) CC • CC CC O O O a a a FORMS/CLOTH FORMS/CLOTH Z Z Z Z z z Z Z Z Z ZDZ > DDDDDD H W W NY H co OPERATING SUPPLIES INFO TECH I.S. 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V V 6) O O M N V N 0) O N M N co N CO CINTAS FIRST AID & SAFETY CO (o O 146674 4/30/2020 133702 5016981702 FIRST AID KIT REFILLS O CO co co 0) co COMCAST BUSINESS 0 O 146675 4/30/2020 877210630041384 O M HIGH SPEED LINE 0 0 MAY 2020 133705 14005 100948 CONCRETE CUTTING & CORING INC N 0) ✓ O of 146676 4/30/2020 100672 CUMMINS N POWER LL¢age 263 of 276 146677 4/30/2020 4/30/2020 13:41:09 CITY OF SHAKOPEE O 0 cc N 0 Council Check Register by GL Council Check Register and Summary Business Unit Account Description Account No O Z C 0 d Supplier / Explanation C 0 E O d 0 Continued... 100672 CUMMINS N POWER LLC O N O r SEWER MANAGEMENT OTHER PROF SERVICES 133755 E4-61201 O CO O) DRIVER AND VEHICLE SERVICES 146678 4/30/2020 W 0 0 d EQUIPMENT MAINT SUPPLIES 133721 SK1022-TABS/PLA SK1022-TABS/PLATES 0) W EMERGENCY AUTO TECHNOLOGIES INC W cc L_ EQUIPMENT MAINT SUPPLIES W LL EQUIPMENT MAINT SUPPLIES SWEEPING EQUIPMENT MAINT SUPPLIES W LL EQUIPMENT MAINT SUPPLIES ICE ARENA EQUIPMENT MAINTENANCE BUILDING MAINT SUPPLIES BUILDING MAINT SUPPLIES BUILDING MAINT SUPPLIES OFFICE SUPPLIES OPERATING SUPPLIES FACILITIES BUILDING MAINT. 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FUND PA-18-08 LIONS PARK BATHROOM BUILDINGS ICE ARENA OPERATING SUPPLIES ICE ARENA OPERATING SUPPLIES BUILDING MAINT SUPPLIES FACILITIES BUILDING MAINT. 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HOTEL STEPS CHALLENGE PRIZE STEPS CHALLENGE PRIZE MARCH MNGFOA MEETING MARCH MNGFOA MEETING - REFUND HOCKEY EXPO-VENDORS/PARTNERS ZOOM MEETINGS DEED CONF 0) O) O) 0 N N 00 O O O O (0 (0 O O O) O O 7 C0 C0 D) C0 O O O CA O O O M 0) O 0) M In In V C0 C0 O O C0 In M O) CO O N N N O r N CO O N N CO M CO I- N N r r r r 3252020 4/22/2020 4/30/2020 13:41:09 CITY OF SHAKOPEE Council Check Register by GL Council Check Register and Summary Business Unit Account Description O N co Account No O Z C 0 0 LL Supplier / Explanation C 0 E Continued... 109764 CORPORATE PAYMENT SYSTEMS ELECTIONS 0 O O LL 1 w w U • W w CC Ct LL LL LL LL • LL LL LL • LL • LL • LL • LL • LL • LL TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE OPERATING SUPPLIES EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES CONFERENCE/SCHOOL/TRAINING OPERATING SUPPLIES O 0 O 0 O 0 LL LL CONFERENCE/SCHOOL/TRAINING CONFERENCE/SCHOOL/TRAINING BUILDING MAINT SUPPLIES SURFACE WATER MANAGEMENT CONFERENCE/SCHOOL/TRAINING uJ uJ 0 0 J J W W W W W W W W W W W W W W O O IY CC CC CC CC CC CC CC CC Ct Ct Ctd' IY CC LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL OPERATING SUPPLIES OPERATING SUPPLIES TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE EQUIPMENT MAINT SUPPLIES TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE BUILDING MAINT SUPPLIES TRAVEL/SUBSISTENCE 0 O O LL TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE TRAVEL/SUBSISTENCE ICE ARENA BUILDING MAINT SUPPLIES ICE ARENA OPERATING SUPPLIES COMMUNITY CENTER OPERATING SUPPLIES COMMUNITY CENTER OFFICE SUPPLIES ICE ARENA OFFICE SUPPLIES COMMUNITY CENTER OPERATING SUPPLIES CO LO LC) N O O N N N N CO CO N N O N N N Lf) LO LO 1.0 O Lf) LO Lf) Lf) O Lc) Cr) LO Lf) Li) O N N O O N IN IN O NY NJ- O O h.-O f� N. CO N.-O O CO IN CO O O O N V V N N N N N 7 N N N NY NYN N.-N N V V V V N NY NY NY NYN N.- N V V V NNN N N N O O O O M M M M CO CO CO CO O M CO O M M O CO CO CO CO CO O O CO O O CO CO CO CO CO O O CO O CO N CO CO Ni V CO V C) N N N N V NYNNNNNNNCO N N N N N N N N N N N N N N N I� I,- f` I` I` I.- M CO O V M V NYCOCOCOCOCOCOCO I- M M co co co co co co co co co co co co co co co co co co co co co O O O co co O O O O O O O O O O IN O O 0 O O O O O O O O O O O O O O O O O O O O MAR20_4507_0314 MAR20_4648_6765 MAR20_4648_6773 MAR20_4879_6397 MAR20_4879_3367 MAR20_4879_6843 MAR20_4879_2462 MAR20_4879_3189 MAR20_4655_3353 MAR20_2676_0227 MAR20_2676_6451 MAR20_2676_7020 MAR2026763200 MAR20_2447_0559 MAR20_2447_7655 MAR20_9649_0017 MAR20_5854_4320 MAR20_5854_7940 MAR20_4689_1931 MAR20_4689_6642 MAR20_4689_4454 MAR20_4689_2480 MAR20_4689_7251 MAR20_4689_2872 MAR20_4689_3011 MAR20_4689_3607 MAR20_4689_3433 MAR20_4689_3004 MAR20_4689_3326 MAR20_4689_9692 MAR20_4689_2881 MAR20_4689_2899 MAR20_4689_2907 MAR20_1955_4020 MAR20_1955_1067 MAR20_1955_4711 MAR20_1955_6693 MAR20_1955_0817 MAR20_0393_2495 LO CO N. 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CO N. O CO CO O h CO O CO CO CO CO O CO CO O CO CO CO CO (D co (D co co co O co O co co c0 O M O (D O co co (D O CO CO O CO N O M M (D LO M CO LO M N CD OJ M 07 W LO CO O M M O M O CD O (D M 0) O CO N O (O O Ln co 00 V N M LO CO CO 00 O (0 CO LO LO N LO O N) CO 00 LO CO O O) N ▪ CO CO N LO 0 O O CO O � LO I� N LO O COM CO h M oO O CO O CO CO V N V (D W M O CO V N V N LO O CO LO N. N 0 N M N CO , N 0) 0) N N 7 7 I: V O O) V Page 273 of 276 4/30/2020 13:41:09 CITY OF SHAKOPEE Council Check Register by GL Council Check Register and Summary Business Unit Account Description Account No O Z C Z 0 0 0 Supplier / Explanation C E 0 4t U L 0 Continued... 125137 OSHAKOPEE MONTHLY ALLOCATION N ZiF O O O N O SEWER MANAGEMENT BUILDING RENT (IS FUND) SOFTWARE -ANNUAL FEES (IS FUND) SURFACE WATER MANAGEMENT SURFACE WATER MANAGEMENT BUILDING RENT (IS FUND) EQUIPMENT I.S. FUND PARK ASSET I.S. FUND INFO TECH I.S. FUND BUILDING I.S. FUND E- CO CO E- zzzz Z Z Z Z WWWW CC CC CC CC O 1)) O O O O O CO V V V V CO 00 CO CO CO CD CO 7 7 7 7 O (O CO co co O O O r r r co (0 00 W r r r r r r r O O O O O O O CV CV CV N N N N O O O O O O O NNNNNNN J J J J J J J CCCCCCCCECCCCC a a a a a a a (O (C) (C) (n (() (n (f) r r r r r N. r CO M M M 00 CO M M 04/20 Building and Park Asset 04/20 Information Technology I 04/20 Building and Park Asset 04/20 Equipment ISF Rent Charg 04/20 Building and Park Asset 04/20 Information Technology I 04/20 Building and Park Asset O CO M O CO O (0 CO 0,0 co ) CO (n M CO M 6) O r W W V 6) M O r O Cn V (n (A 125128 OUS BANK MERCHANT CONNECT 20200402 4/1/2020 Z Z 0 0 w w 0 0 CO CO Z Z CREDIT CARD FEES CREDIT CARD FEES O O CO 0) CO CO CO M CO CO M O O O O N N O O N N CC CC CO CO r r M M US Bank Merchant Fees- Bldg r (0 US Bank Merchant Fees- City Ha (A OWORLDPAY INTEGRATED PAYMENTS 20200403 4/1/2020 CREDIT CARD FEES CREDIT CARD FEES INSPECTION CREDIT CARD FEES PAYROLL CLEARING PREPAID OTHER O O O lf) f f to O (0 CO (O (n CO CO (D M N r r M CO CO M (A O O O O MARCH 2020 MARCH 2020 r r r r M M WORLDPAY FEES- 03/20 WORLDPAY FEES- 03/20 OPAYA SERVICES 20200404 4/1/2020 133679 MARCH 2020 PAYAACH FEES- 03/20 t9 a O 20200405 4/1/2020 BENEFIT CARD BENEFIT CARD TRUEUP- 2020 O O N N 0 CITY OF SHAKOPEE 20200406 4/13/2020 SWMDTF - STATE GRANT OTHER PROF SERVICES COMMUNITY CENTER BANK FEES- NSF FEE UTILITY CLEARING BLDG PERMIT - SURCHARGE UTILITY CLEARING PLUMBING PERMIT -SURCHARGE UTILITY CLEARING ELECTRIC PERMIT -SURCHARGE r O O N N CO CO CO CO CO CO O O O CO CO N N N (!) V M M M NI r- O CO CA CA CA CO O O O O 133682 MARCH 2020 SH- RECEIPT 0151.4511 O O CO O O (0 OMONEYMOVERS 20200407 4/13/2020 133681 MAR 2020 OMN DEPT OF LABOR & INDUSTRY SURCHT- 03/20 SURCHT- 03/20 O O 00 CO CO(0 CO BLDG INSP SURCHG PMT- 03/20 BLDG INSP SURCHG PMT- 03/20 SURCHT- 03/20 Page 274 of 2. 680 BLDG INSP SURCHG PMT- 03/20 O r co co lO CO. N , N CO M 20200408 4/12/2020 4/30/2020 13:41:09 CITY OF SHAKOPEE O 0 0 J N 0 Council Check Register by GL Council Check Register and Summary Business Unit Account Description Account No O Z U 0 0 0 Supplier / Explanation 0 O E 4t 0 U 4) L 0 Continued... OMN DEPT OF LABOR & INDUSTRY Cal O N N_ CO a O O N O N UTILITY CLEARING HEATING PERMIT -SURCHARGE SURCHT- 03/20 W & S PERMIT -SURCHARGE SURCHT- 03/20 FIRE PERMIT- SURCHARGE SURCHT- 03/20 INSPECTION ADMINISTRATIVE CHARGES SURCHT- 03/20 O O O O CO CO CO 00 O O O O M M CO CO CO CO CO CO BLDG INSP SURCHG PMT- 03/20 BLDG INSP SURCHG PMT- 03/20 BLDG INSP SURCHG PMT- 03/20 BLDG INSP SURCHG PMT- 03/20 O co 0) O co coCO xi O) N N- 0 co 00 O N N OMNDOR- SALES TAX O LO N 20200409 4/15/2020 GENERAL FUND FUEL TAX PAYABLE GENERAL FUND X W 0) GENERAL FUND SALES TAX PAYABLE TREE REPLACEMENT SALES TAX PAYABLE N CO CO O 00 N N OON N O O O O O O O O O O O PAYMENT- 03/20 PAYMENT- 03/20 PAYMENT- 03/20 PAYMENT- 03/20 CO M M M CO CO CO CO O CO CO O M C) CO CO CO M M M SALES TAX PAYMENT- 03/20 SALES TAX PAYMENT- 03/20 SALES TAX PAYMENT- 03/20 SALES TAX PAYMENT- 03/20 O O O O O O O O ✓ V I. 0) LN CO Lo- O O co 0) OMNDOR- SPECIAL FUEL TAX LO N 20200410 4/15/2020 GENERAL FUND FUEL TAX PAYABLE GENERAL FUND FUEL TAX PAYABLE N N O CO N N O O O O O O PAYMENT- 03/20 PAYMENT- 03/20 7 0) CO OO O O CO M CO CO FUEL TAX PAYMENT- 03/20 FUEL TAX PAYMENT- 03/20 0) N V OCOMMERCIAL PARTNERS TITLE LLC 20200411 4/17/2020 TIF DIST#20 ENCLAVE DEVELOPME OTHER PROF SERVICES COMMUNITY CENTER CAPITAL LEASE PAYMENT COMMUNITY CENTER EQUIPMENT RENT PERSONNEL -PAYROLL OTHER PROF SERVICES PERSONNEL -PAYROLL OTHER PROF SERVICES I— O O O I,- N- M CO CO 7 M M O CO CO CO CO O M V V V M M co N— t` t` N N 7 CO CO CO O O 133685 DRAW #5 DRAW #5- ENCLAVE DECO TIF 20 00 O V of co V OLYNCH CAPITAL CORP 20200412 4/25/2020 CC#37- 04/20 CC#37-APRIL 2020 CC#37- 04/20 CC#37- APRIL 2020 OL#37- 04/20 OL#37- APRIL 2020 0) h O LL) 7 O 0) In In 0) O Cr) CO 0') 20200413 4/28/2020 APRIL 2020 APRIL 2020 CO O O OD CO (0 CO M M 0) HSA FEES- 04/20 HSA/FSA FEES- 04/20 • O COO r Payment Instrument Totals Grand Total Page 275 of 276 Funds transferred electronically April 21, 2020 to May 5, 2020 PAYROLL $311,492.30 FIT/FICA $91,747.73 STATE INCOME TAX $19,929.97 PERA $102,312.96 HEALTH CARE SAVINGS $31,748.85 HEALTH SAVINGS ACCT $10,651.82 NATIONWIDE DEF COMP $10,437.08 ICMA DEFERRED COMP $2,464.82 MSRS $4,944.28 FSA $0.00 MN WAGE LEVY $0.00 Child Support $518.22 Total $586,248.03 Page 276 of 276