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HomeMy WebLinkAboutApril 18, 2023 - Council PacketFE. Shakopee City Council April 18, 2023 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 Matt Lehman presiding 1. Roll Call 2. Pledge of Allegiance 3. Canvass the Special Election 3.A. Canvass 2023 Special Municipal Elections 3.B. Swearing the Newly Elected Councilmember 4. Approval of Agenda 5. 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 *5. A.1. *City Council Minutes *5. A.2. *Monthly Financial Review- March 2023 *5. A.3. *Approve Temporary Liquor Licenses for the Shakopee Lions Club *5. A.4. *2022 Year-end General Fund Transfers *5. A.S. *Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program Grant Page 1 of 307 *5. A.6. *The Toro Company's Community Giving Program Application *5. A.7. *Appointment to BOAA/Planning Commission B. Planning and Development *5. B.1. *Final Plat of Blakeley Windermere Addition *5. B.2. *Final Plat of Valley Crest Third Addition *5. B.3. *Complete Final Plans for SandVenture and Request Construction Manager at Risk to Issue for Bids C. Public Works *5. C.1. *Public Works Employee Hire - Street Foreman Positions D. Engineering *5. D.1. *Arbor Day Proclamation *5. D.2. *2023 Full -Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation Project *5. D.3. *Construction Cooperative Agreement - County Road 16 and Fuller Street 6. RECOGNITION OF INVOLVED RESIDENTS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 7. Business removed from consent will be discussed at this time 8. Public Hearings 8.A. Business Subsidy Hearing for Business Subsidy 9. General Business A. Planning and Development 9. A.1. Planned Unit Development (PUD) Amendment to the South Valley Health Campus PUD and the Preliminary / Final Plat of St. Francis Medical Campus 3rd Addition 9. A.2. Text Amendment Pertaining to Requests for Reasonable Accommodations 9. A.3. Rezoning and Preliminary Plat of Highview Park 10. Workshop Page 2 of 307 10.ALong-term Financial Plan 11. Reports 11.A.City Bill List 11.B.Liaison & Administration Reports 12. Other Business 13. Adjournment to Tuesday, May 2, 2023 at 7 p.m. Page 3 of 307 3.A. Shakopee City Council April 18, 2023 FROM: Lori Hensen, City Clerk TO: Mayor and Council Members Subject: Canvass 2023 Special Municipal Election Results Policy/Action Requested: Accept the 2023 Municipal Election results and direct the City Clerk to certify the election results. Recommendation: Accept the 2023 Municipal Election results and direct the City Clerk to certify the election results. Discussion: The steps to canvass the results are: • the clerk prepares a canvassing report (abstract) to accumulate results from multiple precincts; • the canvass board publicly canvasses the election returns by reviewing the abstract and write-in reports • the board may ask to examine summary statements before it declares the results; • when satisfied that the abstract reports are correct, the board signs the abstracts and they become the official results; • in the case of a tie vote, the canvassing board determines the winner by lot; • errors by election judges in counting may be corrected by following specific procedures as prescribed by law. M.S. 204C.38; 204C.39; 205.185 Budget Impact: n/a ATTACHMENTS: O 2023 Canvass ▪ 2023 Absentee Abstract Page 4 of 307 Page 5 of 307 % 7 (0 ? ¥ g o E o co 3 N� =$q— .± H-- rts ± m c'E _u_ E ° > E f CO / U % 'e _ a) w generated 4/12/2023 Number of persons registered as of 7 a.m. Number of persons registered on Election Day 0 3 / k § 0 § 0 > 0 = E / E (0 2 0 2 27 0= 0 n E 0 ¥co / E z Number of federal office only absentee ballots Number of presidential absentee ballots Total number of persons voting Page 6 of 307 z 0 0 az z Q L co 0 N U w cn N 0 co rig w O Q•— w - Y L(/)a z2oo E ° To E� (ncpJ ~� 0 z aa� zzL KEY TO PARTY ABBREVIATIONS c co co Q O z a z Council Member (Shakopee) (Elect 1) Page 7 of 307 0 U a) W Q U O O U_ N 4— (/)-tl) o-=c3co CD( N Q co N H co it) CO O N Lf) O ti M if) c0 CD N O Lf) I` CY) O CO O N CO 00 N N I- N O L '47, CV(..) y U) 0.) O d i Ca i e O CD a 00 N N O N- 00 CO CY) or)— N-O N- CO CD LC) N N- CY) O ti CO LC) f— O Lf) N- N- CD CO Lf) CO V L O N coCSC O N 00 c CY) J 00 Q N N N N N S Lf) N � N O f O i a 4- .5 CV a 19 : SHAKOPEE P-1 20 : SHAKOPEE P-2 25 : SHAKOPEE P-3 30 : SHAKOPEE P-4 35 : SHAKOPEE P-5 36 : SHAKOPEE P-6 37 : SHAKOPEE P-7 38 : SHAKOPEE P-8 45 : SHAKOPEE P-9A 47 : SHAKOPEE P-9B N N CO 50 : SHAKOPEE P- 53 : SHAKOPEE P- 56 : SHAKOPEE P- 57 : SHAKOPEE P- 58 : SHAKOPEE P- 59 : SHAKOPEE P- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O N- ti ti ti ti ti ti ti ti ti ti ti ti N- N- N- City of Shakopee Total: Page 8 of 307 0_ Z O o 0 0,— 0 0 0 0 0 0 0 0 0 0 0 z W O N M co M co co 0 z 0 zC° Q 0 O M uJ O) O O Cr)N N- M O— Cr)N O COCL C� U it)z J W N O( N O N C) N O CO O 00 O - Z CO N Cr) N - CO LC) N M Cr) Z Q 2 J I- J Q D Z 0 N— f- CD N N 00 00 CO N N— O 0) 00 O (O ti 0 Z - LO M.— Lc) N- CD N LC) N- CON N— N— CD W g W Q J 19 : SHAKOPEE P-1 38 : SHAKOPEE P-8 45 : SHAKOPEE P-9A 47 : SHAKOPEE P-9B am - N N 50 : SHAKOPEE P- 53 : SHAKOPEE P- 56 : SHAKOPEE P- 57 : SHAKOPEE P- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 ti ti N- N- r` ti ti ti ti ti ti ti ti ti r` N- Page 9 of 307 a) 0 0) c 0 U M O N O O O N • r 0 r 0 0 L Q cn O >, W - E c 0 0 W -c U = O 0 Q•— co U c_ 0 a) L_ O L a) 2 • Tts as _c >U) a)- U (—E -2 N U O U co ) a) 0 RI -0 U 4) >. > 0 U 0 O a) y-+ y-•+ (n O O 0 U L >, E 0) a) 2 O a) Q) a) -a 0 c a) co co C U ^5 W W 0 0 W O 0 W O O 0 U a) 0 CA LE S= 0) c 0 0 U C .0 0 Q C 0 U a) a) 4- 0 O C 0 0 ^0 W 0 0) 0 .0 0 0 0) cn C N i N m ( a) < a) 0 a_ O >, CB (a L CO to O 7 m >' 4— 0 0U U }' O O U) a) ca c cn - c >ALP .S= _a c2 O L 0 0 • .c iz 0 O 0 CO (6 Y CQ Q co Member of canvassing board Member of canvassing board Member of canvassing board Member of canvassing board Member of canvassing board Member of canvassing board Member of canvassing board Page 10 of 307 day of , 2023. Witness my hand and official seal of office this Page 11 of 307 Statement of Votes Cast Shakopee Special Election 0 0 April 11, 2023 Scott County SHAKOPEE P-1 SHAKOPEE P-2 SHAKOPEE P-3 SHAKOPEE P-4 SHAKOPEE P-5 SHAKOPEE P-6 SHAKOPEE P-7 SHAKOPEE P-8 SHAKOPEE P-9A SHAKOPEE P-9B SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- Shakopee Absentee - Total Shakopee Absentee - Total Page 12 of 307 M N V M M M u1 CV CrlCV O N O M salon Ielol CV m en uI-a;!JM a) do O c c c c c c c c c c c c c c c c c o N O O O O O O O u1 O O O O O rn M t9 O O O O tO N M O O 0 M rn W Lrl V - N rn LO LO O Ln V LD M CO 00 'Ina uey}eN v wogs() ueI aani a�!W N ti Ol CO N.] N LO M N CV 0 ti V1 co O V LA N N SHAKOPEE P-1 SHAKOPEE P-2 SHAKOPEE P-3 SHAKOPEE P-4 SHAKOPEE P-5 SHAKOPEE P-6 SHAKOPEE P-7 SHAKOPEE P-8 SHAKOPEE P-9A SHAKOPEE P-9B N CO N M V SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- SHAKOPEE P- Shakopee Absentee - Total Absentee - Total Page 13 of 307 *5.A.1. Shakopee City Council April 18, 2023 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council minutes from April 4, 2023. Policy/Action Requested: Approve the minutes of April 4, 2023. Recommendation: Approve the minutes of April 4, 2023. Discussion: Budget Impact: ATTACHMENTS: a April 4, 2023 Page 14 of 307 Shakopee City Council Minutes April 4, 2023 7:00 PM City Hall, 485 Gorman St. Mayor Matt Lehman presiding 1. Roll Call Present: Mayor Matt Lehman, Councilmembers Jay Whiting, Angelica Contreras, Jim DuLaney, Terry Joos Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Chelsea Petersen, City Attorney Jim Thomson, Finance Director Nate Reinhardt, Interim City Engineer John Bradford, City Clerk Lori Hensen, Planning/Development Director Michael Kerski, Park/Recreation Director Jay Tobin, Police Chief Jeff Tate, Public Works Director Bill Eagan 2. Pledge of Allegiance 3. Approval of Agenda Reynolds removed 4.A.2. and 4.C.2. from the agenda. Councilmember Angelica Contreras made a motion to approve the modified agenda, seconded by Councilmember Teny Joos and the motion passed. 5-0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) DuLaney removed 4.D.2. for further discussion Councilmember Jay Whiting made a motion to approve the modified consent agenda, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 A. Administration *4. A.1. *City Council Minutes Page 15 154307 Approve the minutes of March 21, 2023. (Motion was carried under consent agenda) B. Engineering *4. B.1. *Municipal State Aid Street Funds Advancement Adopt Resolution R2023-042, applying for an advance of Municipal State Aid (MSA) funds. (Motion was carried under consent agenda) C. Parks and Recreation *4. C.1. *2023 Concession Agreements To approve the 2023 Concession Agreements with the Shakopee Soccer Association, Shakopee Indian Baseball and Shakopee Coyote Baseball. (Motion was carried under consent agenda) *4. C.2. *ASG Coaches and Locker Room Rental Agreement Removed from the agenda D. Planning and Development *4. D.1. *Contract with WSB for Feasibility Study for a Possible Underpass under CH78 Approve a contract with WSB for $49,837 for a feasibility study for a pedestrian underpass of 130th Street (CR 78) near Zumbro Avenue and authorize the City Administrator to execute the professional service contract. (Motion was carried under consent agenda) *4. D.2. *Set a Public Hearing Date for April 18, 2023 for Possible Business Subsidy Councilmember Jay Whiting made a motion to approve Resolution No R2023-045, setting a Public Hearing on a Property Tax Abatement for Certain Property in the City of Shakopee, seconded by Councilmember Terry Joos and the motion passed. 5-0 E. Public Works *4. E.1. *2023 Trail Sealcoating Approve a contract with Gopher State Sealcoat, Inc., in the amount of $54,458.01 for the 2023 Trail Sealcoating. (Motion was carried under consent agenda) *4. E.2. *Purchase Equipment - Two Admin Vehicles for Police Department Approve the purchase of two 2022 Ford Explorer's from North Central Ford, the Page 26 f ft307 equipment and setup from North Central Bus & Equipment Inc., in the total amount of $87,646.34. (Motion was carried under consent agenda) *4. E.3. *2023 Sanitary Sewer and Storm Sewer Televising Approve the purchase of two 2022 Ford Explorer's from North Central Ford, the equipment and setup from North Central Bus & Equipment Inc., in the total amount of $87,646.34. (Motion was carried under consent agenda) 5. RECOGNITION OF INVOLVED RESIDENTS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time See item 4.D.2. 7. Recess for Economic Development Authority Meeting Councilmember Terry Joos made a motion to recess to the EDA, seconded by Councilmember Jay Whiting and the motion passed. 5-0 8. Reconvene 9. General Business A. Administration 9. A.1. SandVenture Discussion/Direction Information only 10. Reports 10.A.City Bill List 10.B.Liaison & Administration Reports Page 3164307 11. Other Business 12. Adjournment to Tuesday, April 18, 2023 at 7p.m. Councilmember Terry Joos made a motion to adjourn to Tuesday, April 18, 2023 at 7:00 pm, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 Page 4&64307 *5.A.2. Shakopee City Council April 18, 2023 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: Monthly Financial Review - March 2023 Policy/Action Requested: Review of March 2023 General Fund revenues and expenditures, and Community Center, Ice Arena and SandVenture year -over -year comparison. Recommendation: Information Only Discussion: General Fund - March 2023 (see attachment) This early in the year, the timing of one of two large receipts or payments tend to skew the variances. Revenue variances (+/- 10% of 25% target) • Property taxes and special assessments are will be received with the 1st half tax settlement in June. Expenditure variances (+/- 10% of 25% target) • All departmental expenditures are within the normal range and similar to last year's percentage through March. Community Center/Ice Arena/SandVenture - March 2023 (see attachment) Similar to the analysis of the City's General Fund, reviewing revenue and expenditures early in the year can be easily skewed depending upon what type of transactions did or did not occur. Page 19 of 307 Community Center - Revenues are ahead of this time last year. Ice Arena - Revenues are ahead of this time last year. Quarterly Investment Portfolio Report - Q1, 2023 The investment report was not yet available for the first quarter. The report will be included and presented with the April monthly financial report. Budget Impact: No budget impact ATTACHMENTS: ▪ March 2023 Monthly Financial Report ▪ March 2023 Recreation Facilities Year -to -Year Comparison Page 20 of 307 CITY OF SHAKOPEE Monthly Financial Report YTD March March YTD Budget March YTD 2023 2023 2023 Balance Percent 2022 Budget Actual Actual Remaining Used Actual 01000 - GENERAL FUND REVENUES: * - TAXES 20,938,500 0 0 20,938,500 0% 1 0 * - SPECIAL ASSESSMENTS 2,000 0 0 2,000 0% 1 11,393 * - LICENSES AND PERMITS 3,432,700 329,733 771,364 2,661,336 22% 1,254,517 * - INTERGOVERNMENTAL 1,516,000 2,000 285,848 1,230,152 19% (1,975,195) * - CHARGES FOR SERVICES 7,743,400 451,910 2,203,406 5,539,994 28% 1,971,490 * - FINES AND FORFEITS 1,700 146 758 942 45% 404 * - MISCELLANEOUS 333,400 6,867 22,535 310,865 7% 92,771 TOTAL REVENUES 33,967,700 790,656 3,283,910 30,683,790 10% 1,355,381 EXPENDITURES: 11 - MAYOR & COUNCIL (212,300) (28,849) (59,612) (152,688) 28% (51,523) 12 - ADMINISTRATION (2,387,200) (179,126) (555,551) (1,831,649) 23% (519,507) 13 - CITY CLERK (487,000) (52,142) (124,870) (362,130) 26% (103,450) 15 - FINANCE (1,078,400) (61,717) (185,825) (892,575) 17% (182,331) 17 - PLANNING AND DEVELOPMENT (673,700) (42,826) (139,252) (534,448) 21% (196,691) 18 - FACILITIES (650,100) (52,509) (164,315) (485,785) 25% (152,445) 31 - POLICE DEPARTMENT (10,920,600) (740,348) (2,525,993) (8,394,607) 23% (2,549,652) 32 - FIRE (3,439,800) (261,318) (801,175) (2,638,625) 23% (717,419) 33 - INSPECTION-BLDG-PLMBG-HTG (1,695,200) (90,682) (408,948) (1,286,252) 24% (381,713) 41 - ENGINEERING (1,435,700) (63,265) (343,453) (1,092,247) 24% (304,067) 42 - STREET MAINTENANCE (2,755,400) (158,616) (661,631) (2,093,769) 24% (582,904) 44 - FLEET (551,300) (31,102) (127,018) (424,282) 23% (125,180) 46 - PARK MAINTENANCE (3,192,200) (361,935) (749,002) (2,443,198) 23% (605,438) 67 - RECREATION (4,886,600) (391,904) (1,033,151) (3,853,449) 21% (939,153) 91 - UNALLOCATED (128,200) (13,330) (14,799) (113,401) 12% + (1,586) TOTAL EXPENDITURES (34,493,700) (2,529,668) (7,894,596) (26,599,104) 23% (7,413,057) OTHER FINANCING * - TRANSFERS IN 400,000 0 0 400,000 0% 0 * - TRANSFERS OUT 0 0 0 0 0% 0 OTHER FINANCING TOTAL 400,000 0 0 400,000 0% 0 FUND TOTAL (126,000) (1,739,013) (4,610,686) 4,484,686 (6,070,047) Key + Varies more than 10% than budget positively 46 Varies more than 10% than budget negatively Within 10% of budget Page 21 of 307 Business Unit 0672 - SAND VENTURE REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0672 - SAND VENTURE 0673 - ICE ARENA REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0673 - ICE ARENA 0674 - COMMUNITY CENTER REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0674 - COMMUNITY CENTER * - DEFERRED REVENUE- MEMBERSHIPS DEFERRED REVENUE- CC MEMBERSHIPS RECREATIONAL FACILITIES OPERATING BUDGET TO ACTUAL Mar YTD Actual 2022 Budget 2023 (192,000.00) 220,800.00 198,820.00 227,620.00 (986,000.00) 317,300.00 549,300.00 (119,400.00) (1,022,600.00) 1,345,000.00 814,400.00 1,136,800.00 (12,305.87) 11,920.34 22,074.04 21,688.51 (215,739.62) 80,313.17 108,003.43 (27,423.02) (258,736.38) 270,678.84 194,331.85 206,274.31 Mar YTD Actual 2023 (22,819.06) 629.32 22,443.80 254.06 (329,130.84) 97,352.58 137,010.22 (94,768.04) (327,304.51) 318,833.20 179,437.78 170,966.47 (154,449.00) (161,350.00) (154,449.00) (161,350.00) Mar YTD Actual Year Variance (10,513.19) (11,291.02) 369.76 (21,434.45) (113,391.22) 17,039.41 29,006.79 (67,345.02) (68,568.13) 48,154.36 (14,894.07) (35,307.84) (6,901.00) (6,901.00) Mar YTD Actual Year Variance % 85.43 (94.72) 1.68 (98.83) 52.56 21.22 26.86 245.58 26.50 17.79 (7.66) (17.12) 4.47 4.47 Page 22 of 307 4/5/2023 2:39:40 PM Page 1 of 1 *5.A.3. Shakopee City Council April 18, 2023 FROM: Heidi Emerson, Deputy City Clerk TO: Mayor and Council Members Subject: Approve Temporary Liquor licenses for the Shakopee Lions Club softball tournament June 2 through June 4, 2023. Policy/Action Requested: Approve temporary liquor licenses for the Shakopee Lions Club softball tournament being held at Tahpah Park June 2 through June 4, 2023. Recommendation: Approve the above requested motion. Discussion: The Shakopee Lions Club has submitted two applications for temporary on -sale liquor licenses for a softball tournament at Tahpah Park June 2 through June 4, 2023. The Lions Club is requesting authorization to sell strong beer on Friday June 2 from 1pm - 10 p.m., Saturday June 3 from 8 a.m. to 10 p.m., and Sunday June 4 from 8 a.m. to 8 p.m. at the main beer garden located at the main concession building by Fields 2, 3 and 4. The area will also be fenced and have proper signage They are also requesting to sell strong beer on Saturday June 4 from 10 a.m. to 10 p.m. at the beer garden located between Fields 6 and 7. This area will also be fenced and have proper signage. The 10 p.m. hour is consistent with previous licenses issued to the Lions Club at Tahpah Park. The applicant is working with the police to have two officers on site on Saturday June 3. Budget Impact: Page 23 of 307 *5.A.4. Shakopee City Council April 18, 2023 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: 2022 Year-end General Fund Transfers Policy/Action Requested: Approve a 2022 General Fund transfer of $226,000 to the 2022A GO Improvement Bond Fund and the use of $200,000 for SandVenture. Recommendation: Adopt Resolution No. R2023-051 Discussion: Each year the City's General Fund is reviewed as part of the closing process as we near the fieldwork portion of our annual audit. The General Fund has an estimated unassigned fund balance of $17,673,211 as of December 31, 2022. At this time it is an estimate only, because it is unaudited. The fieldwork portion of our audit begins on April 17. It is not anticipated that there will be any changes to the fund balance. Based on the policy of maintaining a 50 percent fund balance (of budgeted expenditures), the General Fund will end the year with a $426,000 surplus. In the past, any excess fund balance has been directed towards one-time events such as capital improvements. Staff is requesting a General Fund transfer of $226,000 to the 2022A GO Improvement Bond Fund and the use of $200,000 for SandVenture, respectively. The $226,000 transfer to the 2022A GO Improvement Bond fund will effectively allow the City to reduce the 2024 debt service tax levy by an equivalent amount. The debt service levy was reduced similarly in 2023 by the transfer of $200,000 from the Local Projects Fund during that budget process. The $200,000 SandVenture allocation will be designated to eliminate any operating subsidy Page 24 of 307 required by SandVenture operations during the construction of improvements. For 2024 budgeting purposes, any budgeted operating deficit will be supplanted by these funds. Effectively this will eliminate any operational subsidy from the 2024 property tax levy. Budget Impact: If approved, the 2024 General Operating and Debt Service Levy may be reduced during the 2024 budget process by up to $426,000. ATTACHMENTS: R2023-051 GF Transfer to Debt Service Page 25 of 307 RESOLUTION NO. R2023-051 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA APPROVING A TRANSFER OF $226,000 FROM THE GENERAL FUND TO THE 2022A G.O. IMPROVEMENT BOND FUND WHEREAS, the preliminary 2022 General Fund financial results have been reviewed; and WHEREAS, the City of Shakopee's fund balance policy for the General Fund targets a 35 to 50 percent unassigned fund balance of the subsequent year's expenditure budget. WHEREAS, the City Council directs the City Finance Director to assign $200,000 of General Fund balance for SandVenture operations for the year -ended 12/31/2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby approves a transfer of $226,000 from the City's General Fund to the 2022A G.O. Improvement Bond Fund for the year -ended 12/31/2022. Adopted in the regular session of the City Council of the City of Shakopee, Minnesota held this 18th day of April 2023. ATTEST: City Clerk Mayor of the City of Shakopee 1 Page 26 of 307 *5.A.5. Shakopee City Council April 18, 2023 FROM: Andrea Harrell, Grants/Special Projects Coordinator TO: Mayor and Council Members Subject: Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program Grant Policy/Action Requested: Adopt Resolution R2023-048, approving an application to Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program grant. Recommendation: Adopt Resolution R2023-048. Discussion: The Department of Justice's Bureau of Justice Assistance offers funding via the Connect & Protect: Law Enforcement Behavioral Health Response program. The funding is available to law enforcement agencies to promote cross -system collaboration, providing services focused on improving public health and safety while responding to incidents involving individuals with mental health disorders and co-occurring mental health and substance use disorders. The department currently has a collaboration with Scott County, embedding a social worker with a patrol officer. This funding would be used to pay the department's portion of the social worker's wages for future years, explore the sustainability of the program, and determine whether expansion of the program is needed. Funding of up to $550,000 is available over a three-year period. Budget Impact: An escalating match is required: 20% match during year 1 and 2, and a 40% match during year 3. This match will be made via in -kind funds such as officer time already devoted to the program and staff time for planning and evaluation. ATTACHMENTS: o City Council Memo for Resolution Approval R2023-048 Page 27 of 307 a Resolution R2023-048 Page 28 of 307 NovusAGENDA Title: Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program Grant Agenda Category: Administration Shakopee City Council April 18, 2023 FROM: Andrea Harrell, Grants & Special Projects Coordinator TO: Mayor and Council Members Subject: Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program Grant Policy/Action Requested: Adopt Resolution R2023-048, approving an application to Bureau of Justice Assistance's Connect & Protect: Law Enforcement Behavioral Health Response Program grant. Recommendation: Adopt Resolution R2023-048. Discussion: The Department of Justice's Bureau of Justice Assistance offers funding via the Connect & Protect: Law Enforcement Behavioral Health Response program. The funding is available to law enforcement agencies to promote cross -system collaboration, providing services focused on improving public health and safety while responding to incidents involving individuals with mental health disorders and co- occurring mental health and substance use disorders. The department currently has a collaboration with Scott County, embedding a social worker with a patrol officer. This funding would be used to pay the department's portion of the social worker's wages for future years, explore the sustainability of the program, and determine whether expansion of the program is needed. Funding of up to $550,000 is available over a three-year period. Budget Impact: An escalating match is required: 20% match during year 1 and 2, and a 40% match during year 3. This match will be made via in -kind funds such as officer time already devoted to the program and staff time for planning and evaluation. ATTACHMENTS: Resolution R2023-048 Page 29 of 307 RESOLUTION R2023-048 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE CITY TO SUBMIT BUREAU OF JUSTICE ASSISTANCE'S CONNECT & PROTECT: LAW ENFORCEMENT BEHAVIORAL HEALTH RESPONSE PROGRAM GRANT APPLICATION WHEREAS, the City of Shakopee supports the application made to the Bureau of Justice Assistance's Connect & Protect: Behavioral Health Response Program grant. WHEREAS, the application is to obtain funding to provided continued social worker support to patrol officers, and WHEREAS, the City of Shakopee recognizes a 20% match for the first two years and 40% match for the third year is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: if the City of Shakopee is awarded a grant by Bureau of Justice Assistance, the City of Shakopee agrees to accept the grant award and may enter into an agreement with Bureau of Justice Assistance for the above referenced project. The City of Shakopee will comply with all applicable laws, requirements and regulations as stated in the grant agreement. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April 2023. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Matt Lehman, Mayor of the City of Shakopee ATTEST: Lori Hensen City Clerk Page 30 of 307 *5.A.6. Shakopee City Council April 18, 2023 FROM: Andrea Harrell, Grants/Special Projects Coordinator TO: Mayor and Council Members Subject: The Toro Company's Community Giving Program Application Policy/Action Requested: Adopt Resolution R2023-049, approving an application to The Toro Company's Community Giving Program. Recommendation: Adopt Resolution R2023-049. Discussion: The Toro Company's Community Giving Program provides donations of equipment to community agencies. The Public Works department is seeking a donation of a Reelmaster 3100 reel mower for use at Schleper Field to mow the baseball diamonds. The current Reelmaster is scheduled for replacement in 2024 in the Capital Improvement Plan. Budget Impact: A 0% match is required. ATTACHMENTS: o City Council Memo for Resolution Approval R2023-049 o Resolution R2023-049 o Equip-24-464 Reel Mower 2023-2027_Capital Improvement Plan Page 31 of 307 NovusAGENDA Title: The Toro Company's Community Giving Program Application Agenda Category: Administration Shakopee City Council April 18, 2023 FROM: Andrea Harrell, Grants & Special Projects Coordinator TO: Mayor and Council Members Subject: The Toro Company's Community Giving Program Application Policy/Action Requested: Adopt Resolution R2023-049, approving an application to The Toro Company's Community Giving Program. Recommendation: Adopt Resolution R2023-049. Discussion: The Toro Company's Community Giving Program provides donations of equipment to community agencies. The Public Works department is seeking a donation of a Reelmaster 3100 reel mower for use at Schleper Field to mow baseball diamonds. The current Reelmaster is scheduled for replacement in 2024 in the Capital Improvement Plan. Budget Impact: A 0% match is required. ATTACHMENTS: Resolution R2023-049 Capital Improvement Plan Project # Equip-24-464 Page 32 of 307 RESOLUTION R2023-049 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE CITY TO SUBMIT THE TORO COMPANY'S COMMUNITY GIVING PROGRAM APPLICATION WHEREAS, the City of Shakopee supports the application made to The Toro Company's Community Giving Program. WHEREAS, the application is to obtain a donation of a Reelmaster 3100, and WHEREAS, the City of Shakopee recognizes a 0% match is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: if the City of Shakopee is awarded a grant by The Toro Company, the City of Shakopee agrees to accept the grant award and may enter into an agreement with The Toro Company for the above referenced project. The City of Shakopee will comply with all applicable laws, requirements and regulations as stated in the grant agreement. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April 2023. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Matt Lehman, Mayor of the City of Shakopee ATTEST: Lori Hensen City Clerk Page 33 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # Equip-24-464 Project Name Public Works Park: Reel Mower Type Equipment Useful Life 10 Category Public Works Accounting Code 7800.1740 100046 Fund Capital Equipment Internal Sery Description Department Equipment Internal Serv. Fund Contact Public Works Director Priority 2 Important -Provide Efficiencies/ Status Active Total Project Cost: S45,000 2024: Replace sk1121 2014 Reel Mower Used for mowing ball diamond grass, precision cutter. Justification Replacement schedule: 10 year Expenditures 2023 2024 2025 2026 2027 Total Equip/Vehicles/Furnishings 45,000 45,000 Total Funding Sources 45,000 45,000 2023 2024 2025 2026 2027 Total Equipment Internal Service Fund 45,000 45,000 Total Budget Impact/Other 45,000 45,000 110 Page 34 of 307 *5.A.7. Shakopee City Council April 18, 2023 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Appointment to BOAA/Planning Commission. Policy/Action Requested: Adopt Resolution R2023-044, appointing Jen Schleck to BOAA/Planning Commission. Recommendation: Adopt Resolution R2023-044, appointing Jen Schleck to BOAA/Planning Commission. Discussion: The Special Election will be canvassed on April 18, 2023 and Jesse Lara will become the newly elected Councilmember. He will leave a vacant position on the BOAA/Planning Commission. During the interview period at the beginning of the year for the various boards and commissions, Jennifer Schleck was interviewed for the BOAA/Planning Commission. The two positions that were available on those boards were filled by the incumbents. The interview committee stated that if there became a vacancy during the year that they would recommend Ms. Schleck to council for fulfilling the position. Staff reached out on April 12, 2023 to Ms. Schleck and she confirmed of her continued interest in serving on the BOAA/Planning Commission. Budget Impact: No budget impact ATTACHMENTS: a R2023-044 Page 35 of 307 RESOLUTION R2023-044 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointments are hereby made: Jennifer Schleck is appointed to the Planning Commission/BOAA for a remaining term expiring February 28, 2025. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April 2023. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 36 of 307 *5.B.1. Shakopee City Council April 18, 2023 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: *Final Plat of Blakeley Windermere Addition Policy/Action Requested: Adopt Resolution R2023-052, which approves the final plat of Blakeley Windermere Addition. Recommendation: Adopt the resolution, as presented. Discussion: Site Information: Applicant: Travis Fauchald, Roers Companies Address: 1600 Windermere Way Property Owner: DR Horton, Inc. MN Lot Area: 5.54 acres Current Zoning: B-1, Highway Business 2040 Comp. Plan: Mixed Use Commercial Center Travis Fauchald of Roers Companies has applied for the final plat of Blakeley Windermere Addition. This lot is currently an outlot. The proposed final plat removes the outlot classification from the lot. On December 20, 2022 the City Council approved the Planned Unit Development (PUD) Amendment for the development of a 205-unit apartment building on this lot. The applicant has been working with Xcel Energy on plans for the relocation of a natural gas pipeline that currently bisects the site to route the pipeline around the proposed building and vacate the private easement for the pipeline. The applicant has proposed a retaining wall on the west side of the site to allow for an Page 37 of 307 increase in the amount of surface parking adjacent to an existing stormwater pond located on a city outlot. The applicant will need to work with Planning and Engineering staff to come up with an acceptable design for this area of the site. This specific issue does not impact the Final Plat, but will need to be addressed prior to construction. 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LO om>>„ 0 Ecz zoo 00'0Zr M„ZZ,Z 100S 1111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII j) / 0 E ) : 0 G 0 $ \ ƒ 03 L •• 5f / / E § /ƒ < .s 00 - $ �(j) 'Cr) 0 �? - R = 0 Zw � -0 LU \ / ( m° � ƒ Z 2 in_o u g-0 < O o Z0 Outlot B, WINDERMERE, Scott County, Minnesota. 2 \ ƒ - ) c as ) c +a -c) \ _a ) \a) 0) - -a c 0 c E as cu) ao E e e O -, E / k / c = 3» 4 E § ± $ o E w E o 3 a)Lu / ° = 2_ ƒ \ = Li Lu as ' %\ * - ( / 0 coo / \ o / c CD § E o .g " 0- / () CO f �U » m %2 0 c/ a)Uc / -I ? / \ \ s F k 0 n @ o 2 o 0 \ \ § % 2 W 01 u / '1- { » 0 72 ƒ ƒ/ g b $ « 4 m w e .0 E � 0 m w e c m � / » Q 0 as _ •° 2 ± E -o-, �P <rO @ c g\ I u) u) _ _ 0 0 0 / / 1± — 2mm By: Shane LaFave, Vice President of Development 0 / w @ COUNTY OF �/ / _OW �f (1) c E a)\a E0 c -0 %'/ (0 0 b \ E % \0_2 p o co \ / § 0 R 0 - u { 2\c < (t) E /k0 2 0 u e m: Printed Name, Notary E i \ 0 SURVEYORS CERTIFICATION % 0 m—# mc71) - u co 7.0 m >,4— -0/ƒ \�/\ — co £ /°® ± ®c 2 E 0-44 '@ 70 \ as) ¥ \± �\ \ > _c / ( So _ a m e o ®±-2 } c 0 - _0C a)/± /2 \0> _Q= -ca 0 .g 2 # i) o_}.? 2 m - o 0_ 2ƒ0/ 4 0 ƒf3/ s)b}.&I L 03 « /: az)® a) E 2 a \ 0EEf: »®=m' w c / 0 w c / _c _c / : 0ƒ».c 0 0 ± c ./ .c e LE c L 7) c < 22243-o co. 3 2 c / /$\ k- unnumil II. 1111111 -411 ir koze iro-04 vier ; ®r tri, — — PAICFFI PI ANITFP - PE CC 0 CC Lu #1!Ndia Ira •T 00.00000 Trunk Highway Na 169 • ,,,r447, f FT, g`4! Z 0 7- 2 < c2,f. g.s 0 gi z z LJ 0 og z c 0 !7<- Z Z > a Z City of Shakopee Memorandum TO: Kyle Sobota, Senior Planner FROM: Micah Heckman, Project Engineer SUBJECT: Final Plat — Blakeley Windermere Addition CASE: PLAT-000120-2023 DATE: April 13, 2023 The staff review indicates a request to review a Final Plat application for Blakeley Windermere Addition. Blakeley Windermere Addition is located in the northwest quadrant of the Windermere Way and Marystown Road intersection. This review should be considered preliminary, as more comments will follow with additional submittals. However, the Public Works Department offers the following comments at this time to the applicant and to the planning department: The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Plan review and plat review redlined comments are attached to this memo and must be addressed and approved by the City Engineer. 2. Refer to Shakopee Public Utilities comments for watermain. 3. Conduct a title search to confirm other interests on the property. 4. Pay all applicable fees/charges listed below, as required by the most current City of Shakopee Fee Schedule. • Trunk Storm Water Charge • Storm Water Management Plan Review Fees • Trunk Sanitary Sewer Charge S. Easements will be shown on the Final Plat as approved by the City Engineer. 6. Any landscaping that is proposed in private drainage and utility easements must be accompanied with a signed agreement from the utility owner verifying that the landscaping has been approved. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\CCAEBO2E-ADA9-4416-828C- FDE082D6317E\Shakopee.14256.1.Engineering_Comments_FP_Review_(Blakeley_Windermere_Addition).docx 1 of 2 Page 44 of 307 7. Obtain final approval of the development's storm water management plan. 8. Submit a turning movement diagram showing garbage truck and Shakopee fire truck movements throughout the site. 9. Private infrastructure, such as retaining walls and their structural elements, must not encroach on public drainage and utility easements on the property. 10. Approval of the final plat does not constitute approval of the submitted construction plans. 11. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. The following items need to be addressed/completed prior to approval of a grading permit, a street and utility plan and/or a building permit: 1. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of the permit must be provided to the city. 2. Grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as -built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 3. Submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 4. The contractor must submit a Construction Management Plan to the city prior to any construction activities. 5. The property owner must enter into a Utility Facilities Easement Agreement with the city. The agreement must be recorded against the property. 6. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans need to be certified and submitted to the engineering department. Provide a letter from the engineer of record certifying all improvements were constructed per approved plans and under the direct supervision of the engineer of record. Recommendation The Public Works Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\CCAEBO2E-ADA9-4416-828C- FDE082D6317E\Shakopee.14256.1.Engineering_Comments_FP_Review_(Blakeley_Windermere_Addition).docx 2 of 2 Page 45 of 307 « ) E R COMPAN aE:S qp; ROERS COMPANIES - THE BLAKELEY SHAKOPEE MARKET RATE APARTMENT COMMUNITY FINAL PLAT APPLICATION h II rrrrrr r miliIIIIIIV �01 711,, ddddd k\\* \ ii))/0 Ald pl I��I�Qu�llll QI I� ?III au� "wuu WSodvu� iufii ilou xl mpi umuuuavo,�ulVaWNid��i�ua�ul�llai rr✓Vu i� yii it II Pi�� l il� 'w¢ u�ro,11 Hz `i"iri H�xw��,, Vd Biml, Va;,xu„„IAµxll6mu�l m�' v r4yoJ1111�lllllllm�llp I it vvv 11111'11Wool ul ul� ll l llliH l Project Narrative March 17, 2023 vv1VvIllvVvvvj..VV, Developer: Roers Companies: Two Carlson Parkway, Suite 400 Plymouth, MN 55447 Architect: RSP: 1220 Marshall Street NE, Minneapolis, MN 55413 Engineering: Loucks: 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 1 ASP 0000000oVVIVO pp Page 46 of 307 I , 1019U1i ", ROES 0P'NOIE'S 1. FINAL PLAT APPLICATION Pursuant to Resolution R2022-149, Roers Companies is applying for the Final Plat as part of the approved PUD amendment to amend the Windermere PUD to allow for a 205 unit multifamily new construction project on Parcel 27-463067-0. The site located at the NW quadrant of Windermere Way and Marystown Road and is presently described as Outlot B of the Windermere PUD. A Final Plat are required to develop this intended use, as the City of Shakopee does not allow Outlots to be build -able lots. This project will bring new life and vitality to the current vacant land, and provide an attractive project in the community for years to come. 2. DEVELOPER BACKGROUND Roers Companies ("Roers") is a fully integrated real estate development and property management company with assets, operating and under construction totaling over $1 Billion in value. Based in Plymouth, Minnesota, the company builds and operates communities across the Country with over 57 properties developed across 14 states. Roers manages over 3,000 apartment units, takes pride in the communities they build, and seeks to build long term relationships with the Cities and neighborhood they invest in. 3. PROJECT VISION Roers is proposing a new construction, high quality, 205-unit multifamily living community that will bring added housing stock to the community This community will be in close proximity to the Shakopee High School, Hy-Vee Grocery Store, local parks and trail systems. The project would also have easy access to Highway 169 which provides quick access to neighboring cities. 4. AMENTITIES Community lounge and gathering area for resident events and parties. Fitness center Work from home lounge Outdoor pool Large outdoor amenity courtyard Dog Run Bike storage and repair station Underground heated parking (230 stalls) 5. UNIT MIX: 2 Studio One -Bedroom One,Bedroom+Den Two-Bedro om Two -Bedroom + Den Three Bedro om Count °/a 40 44 20 72 12 17 20% 21% 10% 35% 6%n $%n Page 47 of 307 Ro R COMPAtnMcS We appreciate the city of Shakopee's consideration of our approved project and Final Application and look forward to working with staff to see this project come to life. Please see below for Final Plat and Area Map, along with to -be -recorded easement which depicts location of new and to be re-routed Xcel Energy Gas Pipeline. Closing and construction commencement is to occur in Q2 2023 which amounts to a Q1 2025 construction completion. See below for more about Roers and other projects completed around the Twin Cities metro. Thank you, Travis Fauchald Development Associate 952-334-7294 travis.fauchald@roerscompanies.com Two Carlson Parkway #400 Plymouth, MN 55447 3 P Olt Page 48 of 307 111111111111111111111111 RESOLUTION R2023-052 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF BLAKELEY WINDERMERE ADDITION WHEREAS, Travis Fauchald of Roers Companies (applicant) and DR Horton, Inc. MN (property owner), has made application for Final Plat of Blakeley Windermere Addition; and WHEREAS, the property is legally described as: Outlot B, Windermere, Scott County, MN, and; WHEREAS, notice was provided and on February 9, 2017, the Planning Commission held a public hearing regarding the Preliminary Plat of Windermere, at which time it heard from City Planning staff and invited members of the public to comment; and WHEREAS, the City Council reviewed the Final Plat of Blakeley Windermere Addition on April 18, 2023; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the Final Plat of Blakeley Windermere Addition is hereby approved subject to the following conditions: I) The following procedural actions must be addressed/completed prior to the release of the recording of a Final Plat: A. Approval of title by the City Attorney. B. The applicant must show all existing drainage and utility easements on the final plat and any requested easements by the City Engineering Department and Shakopee Public Utilities. II. Following approval and recording of the final plat, the following conditions shall apply: A. Approval of the final plat does not constitute approval of the submitted plans with the final plat. Page 50 of 307 B. The applicant must receive approval for location of fire hydrants on the site from Shakopee Public Utilities and Shakopee Fire Department. C. The applicant must work with Xcel Energy to vacate the existing natural gas pipeline easement and dedicate a new pipeline easement for the revised pipeline alignment on this site. D. Development of the site must comply with the conditions of the approved PUD Amendment, Resolution R2022-149. E. The applicant must coordinate the final location of pedestrian ramps for sidewalk / trail connections along Windermere Way with Planning and Engineering staff. F. The applicant must comply with the Engineering Department Memo Dated April 13, 2023. G. The applicant must work with Planning and Engineering staff to reach an acceptable design for the proposed vehicle parking and driveway area on the west side of this site, adjacent to the stormwater basin on Outlot A. If an acceptable design cannot be reached, additional garage parking will be required. H. Additional boulevard trees are required along Windermere Way to meet City Code requirements. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 18th day of April, 2023. Attest: City Clerk Mayor Page 51 of 307 *5.B.2. Shakopee City Council April 18, 2023 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: *Final Plat of Valley Crest Third Addition Policy/Action Requested: Adopt Resolution R2023-053, which approves the Final Plat of Valley Crest Third Addition Recommendation: Adopt the resolution, as presented. Discussion: Site Information: Applicant: Emily Becker, M/I Homes Site Address: 3739 Archer Street Lot Area: 13.60 acres Current Zoning: Planned Unit Development (PUD) 2040 Comp. Plan: Suburban Residential Emily Becker, representing M/I Homes has applied for the Final Plat of Valley Crest Third Addition, which is the fmal phase of development of Valley Crest. The Valley Crest PUD and first phase of development was approved in the summer of 2021. This particular plat consists of 45 Villa lots and 22 Carriage lots, for a total of 67 lots. All three of the house styles offered in Valley Crest are single-family homes. The total number of lots in Valley Crest is 175. The public open space areas for Valley Crest were all dedicated with the first addition and this fmal plat will dedicate the right-of-way stubs to the adjacent parcel to the west (Shakopee Gravel) and to the north (Hawkins property). The proposed Final Plat complies with the approved preliminary plat and the Valley Crest PUD, so staff is recommending approval of this fmal plat. Page 52 of 307 Budget Impact: N/A ATTACFEVIENT S : o Location Map • Applicant Narrative o Final Plat Drawing o Development Plans o Landscape Plan o Resolution R2023-053 Page 53 of 307 11111,,,d, 1111 1,1 1d 11°1110 iiktO filf,„:1,1111:1111:,„,,#:O„,1,,•1111.,11,11:,,,,,1:1,„1,1,,,O0,,,,,,,,,,,(1„,Iglile#,,.:11,'»#,„:11:11111111111,!,,,,„,, 1 111 11'1, ,111,11g,,,4,,,,,14 0,111,,t,4;1*Rwitieelop) 1111 1,1„ 1111 1111111111'111' 1111 , ,111"1,11111 kiirli111 „:,,, ,1:101,1,111, ilf,,, ((Nem .11 ;1)) i,FIrwloolp,,,!1111#c Op, .1„111. „1,111 .• 11,,,01 1,111 "01111 , 1 1,11 .1,11„ , 1 1111 11111 1„ ' 1 11411 ' 111111111111;1, ' , 1111 1 1„ 11°11, ,,,,,111111.11„1111'11111111111u ,,,,1111,111 111 10011111 ,,' ,d,1111:, , 1 Idf, I 1 11 n' ol 11 '11,11, , liNf')'1 11111,111 , 1111 d J4d 41,f .1 4 0 0 41 0 71;1,1: ,74 1 , : 11, 1r , 0111111,0;1 0111 ,1N 11;111 il,- 'I . 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H 44,411,61111,1,11,4 „ill, , NA m 11 111111 , If 1 , 0 °Ilion( 1„,,,1111111.11.1,1111111111 14(f r °11( 14#1111114# tO" q#11011#)11 10(iiii1100!#Pfcilli 1 1 ,II: Itl li11,11,11111("41, 4 Y 1011111 111,01111 111111111111,,11111111111111111, '" "P[11111111= H 11,1„ „11 11, 111011,1111„1111:1111111„wrli.11,1, ,1111,1'411111111g101 11 . 1.1 ' 11111 I 1 1 q111,1„11111111,11111111),„,'„,lovi 11'1' • ,,, „ol )p.„,, 1 ,111 1 , \„„ ii„ 1111110111111 1001,1111 1111111'HII" 1'11;1 ' ,,,1,1' l''Yi 11 ill ll„ 11 1111111k , / i Ijr ,: ,,1 ,111 ,7 plf, 1) ,\11,:11 141111717711:11i1Hz, d (1)i11,1, 1 1 III , 1, 0 i 11 11 1 ,0 ,1111,11111111111011111111, 1111,1.1. 1111, 01 14 ""'10101111111111111111"„'kl, ,I...........1111„ ,I PI 11100, i,1,) 1 11111,11'1111111111111111 111 1:111 , „„ 01 '11''0010 111111100000;11 1,11111111)1,6,,1 1111111111111 '011 111111111111111111111111111111 1.011111111111111101i 111,11,1111!'11111111,,,,,,,1111111111111,1 1111111111111111111,1, 1 il'o,„„p11,1111111111111111111111111111111111 111110oulomoo 11111111111 4)1 1 A iiPr, rvf( /')f fj f /i,' w„"'""*Vglegighaff#AMIggen r dd/d iiM�rYligl'Illl'Iii:11111111111111111',11 1................................, iskioo.iy') IN ,I, il,11 u14111,11.110,11,10111,1ff il 111111111111111111111111111 1 11111111111111141,1111,1,11111111111111111 00 '11,11111111001 11011111111111111111111111111111111!01011111,1,111111111111\ i 111111111111111111111111100001111111111,00011100 11110 ,10010000000000000000'000000000010 11111 Hum; 111111111111111111111111111111110000000000000000000000000011 11111111 111111111111111111111111111111111111111111 00000000001' 00 11111111111111111111111111.un 1110000000000001 100 111 4111 (, 111,1111 1111,101 111,11'111111111111111111111111111111, 11111111i, 11„1, 1111„1„1„1 '111111100011000111110111'ool'oun'oll„I'ommotol' i'll'11111‘1'1111111011111111111111111111111,,. 111,1111 „11,11111111111 11111 1 111111,11„1,,,,4, ;r;Ri 411111,11 1:111111,1:11100 ill'a)Dro#16### 111 „11 „ 1011 1,11 .1111 11111111111111111111111111111111 11111111111111111111111111111111 111111,,,N1111111111111111111111, 116111 l',1111',1,011111111111111111 ded"'""1 11111111111 111111111111111111111111111,111111" „„„„111111111111,11 0,01:11111 110000000111111111111111111111111111 h,llolvIIHRiv) 11111111111111111111111111111 Page 55 of 307 Valley Crest Valley Crest 3rd Addition Final Plat VALLEY CREST 3IIRIif ADIDIII"II"IIION FINAL IPILAT INTRODUCTION M/I Homes is requesting final plat approval for Valley Crest 3rd Addition. Preliminary Plat and Planned Unit Development Plan (PUD) approval was granted for the project on April 20, 2021, and 15} Addition final plat was approved by City Council in July of 2021. The entire development will consist of 175 total lots which is comprised of a mix of 62 single family lots and 68 villa lots and 45 carriage lots. The 3rd Addition final plat will consist of 67 total lots comprised of 45 villa lots and 22 carriage family lots and will complete the streets and utilities of the development. The attached construction plans provide details on watermain, sanitary sewer, storm sewer, and street construction; signage, lighting, small utilities, erosion control, seeding, and landscaping plan. The proposed plat is consistent with the approved preliminary plat. 2 I IF' s lig Page 56 of 307 Valley Crest PUN STANDARDS The following are the standards approved per the PUD. The 2nd Addition final plat will adhere to these. STANDARD LOT TYPE APPROVED Impervious Coverage Maximum Villa 52%* Single Family 50% Carriage 50% Front Yard Setback Villa 25 feet Single Family 25 feet Carriage 25 feet Side Yard Setback Villa 5 feet Single Family 7.5 feet Carriage 5 feet Street -Side Setback Villa 10 feet Single Family 15 feet Carriage 10 feet Rear Yard Setback Villa 25 feet Single Family 25 feet, 40 feet to County Rd 83 Carriage 25 feet, 40 feet to County Rd 83 *There are 17 villa lots that exceed 50% impervious. Four lots were granted further flexibility to have 54% impervious surface, three of which are in the 2nd Addition (Lots 2, 3 and 4, Block 4). IRIES'TIRIIIC'TIIIVIE COVENANTS Valley Crest Homeowners Association ("HOA") will provide for the maintenance of the overall common elements to the community, including landscaping and irrigation of the common areas, snow removal from sidewalks and trash in the community. The Villas homeowners will pay additional fees under the HOA that provide for a higher level of maintenance, including lawncare in the summer and snow removal in the winter of the Villa Homeowner's lots. The HOA will also provide for restrictions on outdoor storage, parking (no boats, campers, or trailers) in order to keep the community looking orderly and well maintained. Page 57 of 307 Valley Crest EXHIBIT A Single Family Homes Elevation Examples �M'MM'IMImVIVMIkI"V9�InMnMM"i,ll , , �� o- Illllll,liiiiiiiiiiii' �M', mamma mmmu'�yi�vwuuww "� �I'�TM��u�ilM�'Mm'M'�IIMmIMNIMMVhVI@�WV,W � �1 ulpnum IV II V M Y I�VVVVVVVVVVVVVM M ,CNN � yluululi��IMull``� �` i ' NNIIIIIpI`I,i �y�iw Iw'+I,,, J�Ilhll�ldl III Ililt J,p ® uP�lll����i IIIII� I I� �I, ypv ll lll� 1V �ql Nl��%� 111111111111111111111 u uuu 111111111111111111111111111 l"1 44� ilii0000000I IIIII B Ion000IIII 11 III ry �I rf iol qlo III ��� I MITI1111 1�1�...���� ,1111.11111 1111111114110111.11 l IJ111111 ^"• III1u��14111V111111�1h11 IYIIIYIYI uIM�,I qq JIiMiim m'lu°m ui11Vi111111uui ITV I'IVif e � r IPA I IIII VAINIINA 1 v'Imllmlul>„ jilq 2 I I' IIC[�9 W�rr,� V9 w+��rwMry u'I 111 �11„ 111 II Page 58 of 307 Valley Crest Villa Home Elevation Examples .... I�.IV� (IIIIIII 111i��d^Ilpl . upmlNN@illlppl ',, poi rvYry I , rllVvµglr JI .. 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Y1111111111 �Ml�il muuuulllllllllllllluouuNuuuulNl QNu�di V�illild1108"11,',� ,11^"! w,ngUgl IIIIiI00,1IIIVVllkll IM10IImImup IIIIIoII'0', uumuuuwllu� I �4M � " I�uuvwww �' sl, uuu Iw I 9llUIII uIW61N'NI'IN'A'II iiul 'f 111111 nil"td.iVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIVIVIVullluuuuluuupuppupuuuuuuuuumumll 111' ww 1 Y Iny IIIII YYµWppl IIIIIII �1��lu\ '�C19°II��uum 2 I I"' 1113 PVM IMI 16Y(, i� I VNIYI^fl�illpll rl(1; II '1 Ilp�l III .,„11,? iliuN Page 59 of 307 M/I Homes of Minneapolis. 0 U) Z W U) W 0_ W U) W m U) Z U) IJ 0 O_ J -6 Q O U Z a) and platted as VALLEY CREST THIRD , 0 u) a) E 0 a) C 0 a) 0 0 C 0 aJ also dedicate 0 0 0 CD 0 0 J J 7 0 0_ U) cn O 0 • 0 4- 0 U) • a) E 0 0 O 0) 0 v) a) 0 N 4- 0 > 0 its proper officer this 4- 0 cn E 0 low z1 00'S9 00'S9 I I L____J L 0( I- 00'O2L 3„O17,t0o00N OI Lf'I N �I c0 L- I- 00'02 L 3„0t,t0o00N 0I "'I 10 N 'I L 10 I- 00'O21. 3„Ot,tO00N 7 OI 10 NI d- IN () L1 1 Ln L _1 • 00'02 L 01 � N 1 Ln 1 N) 3„Ot,t0o00N L_ 10 J ▪ OO'02 L 01 Lf,1 N LC'I N L_ 3„Ot,t0o00N 7 10 1LC' N IL° J I- 00'02 L 3„Ot,170o00N N I ILs-) �I IN, Lo1 1Ln L LO'02 L S89°55'20"E 02 00'02 \\ L(D L(D 02 0 0 Lri 00'99 0 00'09 S89°55'20"E 00'00 L(D 0 0 ND 0 09'0 L! 00_05 ?'l\,'" 0 .0 0 0 N o4 s N89°55'20"W L____1 L0'99 0! cn N CO CO N CO O N co L N CO CO 00 0 O Lo O co r // ii II lid IHv >1 ,A111i z z 00 QUO c4 E-1� `r'O W �, W O rrl ram, l' INV'I )Ya3 ,v: ,wlmslvalw II 11, r(w LOCATION MAP 111111lb-1111 m, AD Cr` ,f r- cC 0O—Nm V �vD(,C NM V vve; r— „,I — C C NN NN N N AD SHEET INDEX II WOIAP If 1,77 WWI A 7M IiHti�Nlillll 44 0 H U P4 F. 0z Ua z Q. z zDoz aQ Ho�a a ,� Q1� ZsR ¢ �� O<0 (S WW1 3NV1 OUSAVI) E9 'Ofl 'HY'3'� 1 r 7 710HYNN11�1414l1 1? 111,7111111 11111111, 11111111,1107, 202= 0110 64,0 111111111,1—114�I00—11II10 114 Z O 5 w APPROVED FOR ONE YEAR FROM THIS DATE SHAKOPEE PUBLIC UTILITIES COMMISSION DATE ALL MATERIALS & CONSTRUCTION METHODS SHALL COMPLY 'MTH SHAKOPEE PUBLIC UTILITIES COMMISSION WATER POLICY MANUAL DATED AUGUST 04, 2014. 0 CITY APPROVAL SPUC APPROVAL 0 z w 0 EXISTING CONSTRUCTION 'S' 3AIaa 37M"311SkY1?..£9...<6N 'HAS ............. _ ....... ,....... 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Wf 6 !pew CrA 004.1 ..mar N < N) I/ O 01 0) 1 00 41d, �ewr QJJL 1:� ijJjj 1 1111 RESOLUTION R2023-053 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF VALLEY CREST THIRD ADDITION WHEREAS, Emily Becker of M/I Homes (applicant) and M/I Homes of Minneapolis / St Paul LLC (property owner), has made application for Final Plat of Valley Crest Third Addition; and WHEREAS, the property is legally described as: Outlot G, Valley Crest First Addition, Scott County, MN, and; WHEREAS, notice was provided and on April 8, 2021, the Planning Commission held a public hearing regarding the Preliminary Plat of Valley Crest First Addition, at which time it heard from City Planning staff and invited members of the public to comment; and WHEREAS, the City Council reviewed the Final Plat of Valley Crest Third Addition on April 18, 2023; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the Final Plat of Valley Crest Third Addition is hereby approved subject to the following conditions: I) The following procedural actions must be addressed/completed prior to the release of the recording of a Final Plat: A. Approval of title by the City Attorney. B. The applicant must show all existing drainage and utility easements on the final plat and any requested easements by the City Engineering Department and Shakopee Public Utilities. C. Comply with the Engineering Department memorandum dated April 11, 2023. D. Execution of a Developer's Agreement, which needs to include provisions for a letter of credit or cash security equal to 125 percent of the estimated total cost of the improvements, plus 100 percent of the estimated costs of city inspection and administration. Page 70 of 307 E. The Park Dedication Fee is due in the amount of the most recent City of Shakopee Fee Schedule. F. The applicant must comply with Shakopee Public Utilities requirements. IL Following approval and recording of the final plat, the following conditions shall apply: A. Approval of the final plat does not constitute approval of the submitted plans with the final plat. B. Development of the site and house designs must comply with the conditions of the approved Valley Crest PUD. C. The applicant must work with Planning and Engineering staff to finalize the precise placement of boulevard trees. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 18th day of April, 2023. Attest: City Clerk Mayor Page 71 of 307 *5.B.3. Shakopee City Council April 18, 2023 FROM: Michael Kerski, Director, Planning & Development TO: Mayor and Council Members Subject: SandVenture Policy/Action Requested: Adopted Resolution R2023-054 authorizing final plans for SandVenture and order plans to be issued for bid by RJM, the city's Construction Manager as Agent. Recommendation: Approve Resolution Discussion: The city council and the community have discussed the future of SandVenture for more than three years. Confluence has prepared plans in cooperation with MSR Architects and USAquatics and RJM, the city's Construction Manager as Agent. Staff understands that the budget shall not exceed $7 million. RJM would like to get the plans wrapped up and get the project out for competitive bid now to lock down the pricing and supplies necessary for the project. There are a number of contractors that are currently looking for winter work. The final bids would return to Council for approval. Tommy's Malt Shop must also make a decision on its future location since its lease will be ending next year. Finance staff has prepared a financial summary of the project's General Fund impact, which is included. There are several opportunities for revenue growth that were not included in the original finance scenarios. Some of the proposed winter activities are dependent on having a winter cold enough to allow the activities to occur. Staff also believes that with an improved SandVenture will attract more visitors/users than in previous years, depending on Page 72 of 307 the weather. Construction is proposed to start September 1, 2023 and be completed by June 1, 2024. Budget Impact: ATTACHMENTS: a Finance Report a Resolution Page 73 of 307 SandVenture Funding Estimates Current Balances/Estimates 2023 Annual Rent Accumulated Funding Project Estimate Local Projects Fund Balance Additional Rent (Facility replacement) 2023 Annul Rent New Construction Future Replacement Less: Annual Rent of Replaced Assets 2023 Estimated Rent (with construction) $ 70,200 $ 1,406,777 (2022 Balance + 2023 rents) $ 7,000,000 $ 2,740,128 (As of March 2023) $ 70,200 140,000 $7 million over 50 years (41,655) $ 168,545 Funds replacement of waterslides, Nitration system and proposed improvements. (1) Net Annual Rent Increase $ 98,345 Internal Loan from Buildings Fund Project Estimate Less: Accumulated Funding Less: Local Projects Contribution Internal Loan (2) Annual Repayment (50 Years) Additional Operating Revenues $ 7,000,000 (1,406,777) (2,740,128) $ 2,853,095 $ 57,061.90 2022 Actual Projected Change Explanation Summer Memberships/Admissions 186,466 225,466 39,000 Projected 20% increase for attendence/fee changes Building Lease - 55,000 55,000 Tommy's Malt Shop Concession (net of cost) 26,390 8,390 (18,000) Limited concessions Leagues (volleyball, bocce, pickleball, disc golf) 2,000 2,000 Birthday parties/rentals 20,000 20,000 New rental space Winter Leagues (curling, broom ball, pond hockey) Birthday parties/rentals 2,000 2,000 20,000 20,000 New rental space (3) Net increase in operating revenues $ 120,000 Annual Net Financial Impact (1) Net Annual Rent Increase $ 98,345 (2) Annual Repayment (50 Years) 57,062 (3) Net increase in operating revenues (120,000) Annual Net Increase $ 35,407 Page 74 of 307 RESOLUTION NO. R2023-054 A RESOLUTION AUTHORIZING THE CITY'S CONSTRUCTION MANAGER AS AGENT, RJM, TO SOLICIT FINAL BIDS FOR THE RENOVATION OF SANDVENTURE IN LIONS PARK WHEREAS, the City Council has been working with the community for more than four years on the renovation of SandVenture; WHEREAS, the city retained Confluence, MSR Architects, USAquatics and RJM Construction to develop plans reflecting the needs of the community; WHEREAS, the Council wants to move the project forward with the understanding that the budget shall not exceed $7 million for the construction of the facility; WHEREAS, the proposed improvements will renew and revitalize the more than 50 year old facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that RJM and our professional consultants complete final plans and issue for competitive bids for a start of construction now later than September 1, 2023 and completion no later than June 1, 2024. Adopted in a public session by the City Council of the City of Shakopee, Minnesota, held the 18r" day of April, 2023. ATTEST: Lori Hensen, City Clerk Mayor of the City of Shakopee Page 75 of 307 *5.C.1. Shakopee City Council April 18, 2023 FROM: Jamie Theis, Public Works Street/Utility Supervisor TO: Mayor and Council Members Subject: Promotion of Chris Reed and Logan LaCourse, to Public Works Foreperson. Policy/Action Requested: Approve the hiring for pay grade 160 step 5 ($80,704, Nonexempt) of Chris Reed and Logan LaCourse for the open Public Works Foreperson roles. Recommendation: Approve the hiring for pay grade 160 step 5 ($80,704, Nonexempt) of Chris Reed and Logan LaCourse for the open Public Works Foreperson roles. Discussion: Chris Reed was hired as a Public Works Maintenance Operator on 8/10/2021. Chris has experience working as a Foreman both in Public Works and the private sector in the past and will make a valuable addition to the Public Works leadership team. Logan LaCourse was hired as a Public Works Maintenance Operator on 6/9/2014. Since then, he has gained valuable experience and proven to be a respected leader in our department and will make a very good addition to the Public Works leadership team. Both of these positions are internal promotions to fill open positions. Budget Impact: Both of the Public Works Foreperson promotions are filling existing open positions with little to no budget impacts. Page 76 of 307 *5.D.1. Shakopee City Council April 18, 2023 FROM: Kirby Templin, Water Resources/Environmental Engineer TO: Mayor and Council Members Subject: Arbor Day Proclamation Policy/Action Requested: Proclaim April 28, 2023, as Arbor Day. Recommendation: Approval as requested. Discussion: Arbor Day is celebrated worldwide. Communities that celebrate Arbor Day and provide ongoing care for the City's urban forest are eligible to become a Tree City USA. City staff have submitted the Tree City USA application for the city since 2008. The City of Shakopee has now been a Tree City USA for 15 years. The Arbor Day Proclamation is a requirement as part of the Tree City USA application. The proclamation brings awareness to the community about the history and importance of Arbor Day. It also encourages our citizens to celebrate Arbor Day in conjunction with the city. The city celebrates Arbor Day by holding the Arbor Day tree sale and through planting of trees. Residents will be able to pick up the trees they ordered through the city tree sale on April 29, 2023. Budget Impact: There is no budget impact. ATTACWVIENTS: 2023 Proclamation Page 77 of 307 CITY OF SHAKOPEE OFFICE OF THE MAYOR ACTION PROCLAMING APRIL 28, 2023, AS ARBOR DAY WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called ARBOR DAY, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, ARBOR DAY is now observed throughout the nation and the world, and WHEREAS, trees are of great value as they provide clean air and water, shade and energy savings, wildlife habitat, recreational opportunities, wood products, and jobs, while also capturing and storing carbon from the atmosphere, thereby offsetting greenhouse gas emissions; and WHEREAS, properly planting and caring for a diverse mix of trees makes community forests more resilient by minimizing the impacts of diseases, insects, and other stressors such as climate change and providing long-term community and environmental benefits; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our community, and WHEREAS, thoughtfully choosing, planting, and caring for a diverse mix of trees now supports resilient communities into the future. NOW, THEREFORE, I, MATT LEHMAN, MAYOR OF THE CITY OF SHAKOPEE, MINNESOTA, do hereby declare Friday, April 28, 2023, as ARBOR DAY in the City of Shakopee, and urge citizens to celebrate ARBOR DAY and to support efforts to protect our trees and woodlands. Given under my hand and the seal of the City of Shakopee this 18th day of April 2023. Matt Lehman Mayor of the City of Shakopee ATTEST: City Clerk Page 78 of 307 *5.D.2. Shakopee City Council April 18, 2023 FROM: Micah Heckman, Assistant City Engineer TO: Mayor and Council Members Subject: 2023 Full -Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation Project Policy/Action Requested: Adopt Resolution R2023-050, accepting bids and awarding a contract in the amount of $4,845,215.42 to Bituminous Roadways, for the 2023 Full -Depth Pavement Reconstruction and Bituminous Rehabilitation Project CIF-23-001, CIF-23-011, CIF-23-012, and CIF-23- 013. Recommendation: Adopt Resolution R2023-050. Discussion: The City's Capital Improvement Plan (CIP) contains the 2023 Full -Depth Pavement Reconstruction Project CIF-23-001, the 2023 Pavement Rehabilitation Project CIF-23- 011, the 2023 Bituminous Mill and Overlay Project CIF-012, and the 2023 Trail Rehabilitation Project CIF-23-013. On March 7, 2023, the City Council adopted Resolution R2023-030 approving plans and specifications, and authorizing bidding for the combined project. In accordance with Minnesota Statute Section 471.345 Uniform Municipal Contracting Law, bids were solicited and opened April 4, 2023. Seven bids were received and Bituminous Roadways from Mendota Heights, Minnesota, was the low bidder in the amount of $4,845,215.42 (see the attached resolution for the bid tabulation summary). Bituminous Roadways has the capacity and experience for the project and is deemed a responsible bidder. Construction is anticipated to begin late April and be completed early fall of 2023. Budget Impact: Page 79 of 307 Based on the low bid amount, the total estimated project cost for the 2023 Full -Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation project is $5,473,726.99. This total project amount includes other work needed to complete the project that is outside of the contract with Bituminous Roadways including a chip seal coat through the city's Joint Powers Agreement and streetlighting improvements coordinated directly with Shakopee Public Utilities. Table 1 below summarizes the costs and funding sources for the project. Each individual CIP project contained within the combined project falls within its original CIP budget. Table 1. Cost and Funding for Projects CIF-23-001, CIF-23-011, CIF-23-012, and CIF-23-013 (Full -Depth Pavement Reconstruction, Annual Bituminous Mill and Overlay, Pavement Rehabilitation, and Trail Rehabilitation) COSTS Construction Cost (bid contract) $ Streetlighting (SPUC) Chip Seal Coat (JPA) Contingency Subtotal Eng/Admin/Legal $ Total Estimated Project Cost $ FUNDING Special Assessments Capital Improvements Fund Storm Sewer Fund Sanitary Sewer Fund Shakopee Public Utilities Total Funding Feasibility Report Budget 5,228,250.00 $ 10,000.00 $ 53,650.80 $ 406,000.00 $ 5,644,250.00 $ 320,000.00 $ 5,964,250.00 $ 628,000.00 $ 4,972,250.00 $ 300,000.00 $ 47,000.00 $ 17,000.00 $ 5,964,250.00 $ Estimate Based on Bid Award 4,845,215.42 12,000.00 53,650.80 242,860.77 5,153,726.99 320,000.00 5,473,726.99 572,301.03 4,567,258.13 225,522.10 48,424.74 60,220.99 5,473,726.99 The amended total project budget of $5,473,726.99 includes a $242,860.77 contingency amount that would cover any unexpected change orders, quantity adjustments and other miscellaneous expenses encountered as part of the project. This project is funded by the Capital Improvement Fund, Special Assessments, Storm Drainage Fund, Sanitary Sewer Fund, and Shakopee Public Utilities. Included in the resolution is funding language that would allow the city to reimburse project costs from future bond proceeds. This language allows for greater flexibility in funding current and future projects, should the city desire or Page 80 of 307 need this in the future. The additional language allows the city a period of up to three years to issue and reimburse itself with bond proceeds. The language does not change the requirements or administrative process for issuing debt. All debt issuance will still require separate approval by the city council. ATTACHMENTS: o R2023-050 CIP Sheets Page 81 of 307 RESOLUTION R2023-050 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING BIDS AND AWARDING A CONTRACT IN THE AMOUNT OF $4,845,215.42 TO BITUMINOUS ROADWAYS, FOR THE 2023 FULL DEPTH PAVEMENT RECONSTRUCTION AND BITUMINOUS PAVEMENT REHABILITATION PROJECT CIF-23-001, CIF-23-011, CIF-23-012 AND CIF-23-013 WHEREAS, pursuant to an advertisement for bids for the 2023 Full Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation Project CIF-23-001, CIF-23-011, CIF-23-012 AND CIF-23-013, bids were received, opened on April 4, 2023, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount BITUMINOUS ROADWAYS $ 4,845,215.42 NORTHWEST ASPHALT $ 4,858,691.39 VALLEY PAVING INC. $ 5,441,274.55 WM. MUELLER & SONS $ 5,454,421.78 GMH ASPHALT CORP. $ 5,502,505.94 PARK CONSTRUCTION COMPANY $ 5,748,160.17 S.M. HENTGES & SONS INC. $ 6,148,590.63 WHEREAS, Bituminous Roadways, 1520 Commerce Drive, Mendota Heights, MN 55120, is the lowest responsive bidder for the 2023 Full Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Bituminous Roadways in the name of the City of Shakopee for the 2023 Full Depth Pavement Reconstruction and Bituminous Pavement Rehabilitation Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Pursuant to Section 1.150-2(d) of the Treasury Regulations, the City Council declares its official intent to reimburse itself for the costs of the improvements from the proceeds of tax- exempt bonds. Page 82 of 307 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of April 2023. Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Mayor of the City of Shakopee ATTEST: City Clerk Page 83 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # CIF-23-001 Project Name 2023 Full -Depth Pavement Reconstruction Accounting Code Fund Capital Irnprovement Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 25 Category Street Reconstruction Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $2,650,000 This project is for the full depth reconstruction of the bituminous roadway for Atwood Street from 5th Ave to 6th Ave, Park Drive, a portion of Dominion Ave, and the Maple Trail Estates neighborhood. Minor utility and needed curb and gutter repairs and improvements will be evaluated and included with this project. Justification This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure. The City must reconstruct pedestrian ramp facilities to comply with its ADA Transition plan adopted in 2018, increasing the cost of these projects compared to previous years' projects. Pr for 75,000 Total Prior 75,000 Total Expenditures 2023 2024 2025 2026 2027 Total Construction/Maintenance 2,500,000 Engineering/Administration 75,000 2,500,000 75,000 Funding Sources Total 2,575,000 2,575,000 2023 2024 2025 2026 2027 Total Capital Improvement Fund Cost Sharing, SPUC Sanitary Sewer Fund Special Assessments Storm Drainage Fund 1,545,000 5,000 5,000 750,000 270,000 1,545,000 5,000 5,000 750,000 270,000 Total 2,575,000 Budget Impact/Other 2,575,000 The bituminous pavements in the project area have significantly deteriorated and require more than usual maintenance and patching. Staff will evaluate concrete curb and gutter, storm sewer and other infrastructure to keep project costs low. Required ADA improvements are generally unfunded mandates to improve accessibility and to minimize liability. 48 Page 84 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # CIF-23-001 Project Name 2023 Full -Depth Pavement Reconstruction Department Capital Improvements Fund Contact Public Works Director OP tkOdantidiiiit et"01,0ds Rif elVannitgri rem, mfr. 49 Page 85 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project# CIF-23-011 Project Name Annual Pavement Rehabilitation Accounting Code Parking lot Fund Building Asset IS Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 7 Category Street Paving Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $1,005,000 The 2023 project is for the rehabilitation of the bituminous roadways for the Providence Pointe and Westchester neighborhoods and 4th Avenue from Naumkeag to Marschall Road. The rehabilitation work includes crack sealing and repair, minor concrete repairs, partial and full depth spot patching and pavement repair, utility repairs and a chip seal coat of the bituminous surface. Justification This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure. Expenditures 2023 2024 2025 2026 2027 Total Construction/Maintenance Engineering/Administration 190,000 185,000 200,000 190,000 190,000 955,000 10,000 10,000 10,000 10,000 10,000 50,000 Total Funding Sources 200,000 195,000 210,000 200,000 200,000 1,005,000 2023 2024 2025 2026 2027 Total Capital Improvement Fund 200,000 195,000 210,000 200,000 200,000 1,005,000 Total Budget Impact/Other 200,000 195,000 210,000 200,000 200,000 1,005,000 The rehabilitation of the pavements in the project area are necessary to preserve the existing pavement surface and delay the need for a bituminous overlayment or reclamation. 58 Page 86 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # CIF-23-011 Project Name Annual Pavement Rehabilitation Department Capital Improvements Fund Contact Public Works Director 2023 - OP Rehab PrOjetti, 59 Page 87 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project# CIF-23-012 Project Name Annual Bituminous Mill and Overlay Accounting Code Fund Capital Improvement Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 15 Category Street Paving Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $12,275,000 The 2023 project includes the rehabilitation of the bituminous asphalt surface of the following streets: Riverside Drive, Grove Circle, Mcquire Circle, Mcquire Court, Old Carriage Court, Stratford Circle, Southbridge Parkway, Valley View Road and the Countryside neighborhood. The rehabilitation work includes milling the pavement surface, crack sealing, full depth spot repair and patching, spot curb and gutter repair, spot sidewalk repair, upgrading sidewalk/trail pedestrian curb ramp facilities and a bituminous asphalt pavement overlay. Justification This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure. The City must reconstruct pedestrian ramp facilities to comply with its ADA Transition plan adopted in 2018, increasing the cost of these projects compared to previous years' projects. Expenditures 2023 2024 2025 2026 2027 Total Construction/Maintenance Engineering/Administration 2,850,000 3,150,000 2,950,000 2,650,000 11,600,000 150,000 200,000 175,000 150,000 675,000 Funding Sources Total 3,000,000 3,350,000 3,125,000 2,800,000 12,275,000 2023 2024 2025 2026 2027 Total Capital Improvement Fund Cost Sharing, SPUC Sanitary Sewer Fund Storm Drainage Fund 2,915,000 30,000 40,000 15,000 3,240,000 35,000 55,000 20,000 3,025,000 30,000 50,000 20,000 2,730,000 20,000 35,000 15,000 11,910,000 115,000 180,000 70,000 Total 3,000,000 3,350,000 3,125,000 2,800,000 12,275,000 Budget Impact/Other Bituminous rehabilitation projects are more cost effective than reconstructing pavements. Streets will be evaluated on a yearly basis and may be moved up or moved back in the CIP. Required ADA improvements are generally unfunded mandates to improve accessibility and to minimize liability. 60 Page 88 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # CIF-23-012 Project Name Annual Bituminous Mill and Overlay Department Capital Improvements Fund Contact Public Works Director 2P2:3 2027: UV Chltrtav Proivos wow sm 61 Page 89 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project# CIF-23-013 Project Name Annual Trail Rehabilitation (along roadways) Accounting Code Fund Capital Improvement Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 10 Category Trails Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $817,500 This project includes the reconstruction of existing bituminous trails in the city, along street or county roads. The 2023 project includes Fuller Street from loth Avenue to Vierling Drive. The 2024 project includes Vierling Drive from Marschall Road to Ruby Lane and Stonebrooke Drive. Justification The age and condition of the bituminous trail segments require rehabilitation. The City must reconstruct pedestrian ramp facilities to comply with its ADA Transition plan adopted in 2018, increasing the cost of future overlay projects compared to previous years' projects. Expenditures 2023 2024 2025 2026 2027 Total Construction/Maintenance Engineering/Administration 180,000 190,000 120,000 130,000 140,000 760,000 10,000 10,000 12,500 12,500 12,500 57,500 Total Funding Sources 190,000 200,000 132,500 142,500 152,500 817,500 2023 2024 2025 2026 2027 Total Capital Improvement Fund 190,000 200,000 132,500 142,500 152,500 817,500 Total 190,000 200,000 132,500 142,500 152,500 817,500 Budget Impact/Other Required ADA improvements are generally unfunded mandates to improve accessibility and to minimize liability. 62 Page 90 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project # CIF-23-013 Project Name Annual Trail Rehabilitation (along roadways) Department Capital Improvements Fund Contact Public Works Director CI IIuJi Reclamation repluts eco RHydammesno I WA' ;`?Pal Rimilmentre, 63 Page 91 of 307 *5.D.3. Shakopee City Council April 18, 2023 FROM: Micah Heckman, Assistant City Engineer TO: Mayor and Council Members Subject: Agreement with Scott County for a Traffic Signal located at County Road 16 and Fuller Street Policy/Action Requested: Authorize the Mayor and City Administrator to enter into a Cooperative Construction Agreement between Scott County and the City of Shakopee to construct and operate the traffic signal located at the intersection of County Road 16 and Fuller Street. Recommendation: Approval of the agreement and action requested. Discussion: A traffic signal at the intersection of County Road 16 and Fuller Street has been programmed by Scott County as part of their Transportation Improvement Program (TIP) in 2023. The City of Shakopee has jurisdictional authority over the Fuller Street approaches and thus the city is required to participate in the cost of the improvements per the county's funding policy. The proposed project includes construction of a traffic signal and Americans with Disabilities Act (ADA) improvements. The Construction Cooperative Agreement, which codifies the responsibilities of each agency and is consistent with other city -county agreements, is attached. Budget Impact: The City of Shakopee has budgeted $375,000 for this project participation. The proposed participation based on the latest engineer's estimate is $327,449.50 for construction and $18,250 for engineering and administration which falls within the budgeted amount. The fmal cost participation will be determined based on fmal quantities measured in the field. Page 92 of 307 ATTACHMENTS: o Construction Cooperative Agreement • CIP Sheet CIF-23-015 • Project Location Map Page 93 of 307 County Project No. CP 16-54 SAP 070-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2023 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) 16 at Fuller Street by installing a traffic signal system with flashing yellow arrow (FYA) signalization, Emergency Vehicle Preemption (EVP), blue enforcement lighting, and ADA compliant Accessible Pedestrian Signal (APS) push button stations and creating fiber optic interconnectivity to the County Traffic fiber backbone, (hereinafter referred to as the "Project"). B. The above described Project lies within the corporate limits of the City. C. The County Engineer has prepared an estimate of the cost of quantities and unit prices of material and labor for the above described Project and an estimate of the total cost for contract work in the sum of six hundred fifty five thousand two hundred ninety nine dollars and no cents ($655,299.00). A copy of said estimate (marked Exhibit "A") is attached hereto. D. The project will be constructed in 2023 in accordance with the 2023 County Project ("CP") 16-54 listed in the 2023-2032 Transportation Improvement Program. E. 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 hereby restated and incorporated herein. 2. The County shall advertise for bids for the work and construction of the Project as County Project No. CP 16-54, State Aid Project No.070-616-037 and Municipal State Aid Project No. 166-117-004, 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 for the Project work prepared by the County or its agents, which plans and specifications are by this reference made a part hereof. 1 Page 94 of 307 County Project No. CP 16-54 SAP 070-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) 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. County will provide primary inspection for all Contract work. The City Engineer shall cooperate with the County Engineer and his staff at their request to administer the contract. 4. City shall reimburse the County for its share of 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 Division of Cost Summary in Exhibit "A". 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 construction cost for apportioning the cost of the Project according to the provisions of this paragraph. 5. In addition to payment of the City's share of the contract construction cost, the County and the City further agree to apportion costs designated as Design Engineering, which includes all actual costs of planning, design and preparation of plans and specifications. The County and City shall share in design engineering costs for the traffic signal and ADA improvements on a 50%/50% basis. 6. 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 Project as partial payment 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 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. 7. 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. 8. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this agreement may be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 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 2 Page 95 of 307 County Project No. CP 16-54 SAP 070-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) 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. City agrees to provide any and all permanent or temporary right-of-way on property owned by the City and needed by County for the completion of the Project at no cost. 12. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights installed under the Project, all at the sole cost and expense of the City. 13. Upon completion of the work, the County shall maintain and repair the traffic control signal systems at the sole cost and expense of the County except that the cost of maintenance and repairs to the EVP system shall be at the sole cost and expense of the City. The County will invoice the City for any expense associated with County work performed on the EVP system. 14. All timing of said EVP systems shall be determined by the County. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the traffic control signal system or EVP system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. 15. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: a. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minn. Stat. Secs. 169.01, subd. 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. b. Malfunctions of the EVP systems shall be reported to the County immediately. c. In the event said EVP systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector 3 Page 96 of 307 County Project No. CP 16-54 SAP o70-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. 16. The City shall maintain the integral streetlights including the luminaire and all its components at the sole cost and expense of the City, except for the County maintaining electrical energy to the luminaire head at the sole cost and expense of the County. 17. Initial pavement striping and markings will be included as part of the Project. The County shall be responsible for all subsequent pavement striping and markings on its county roads as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. The City shall be responsible for all subsequent striping and markings on its city roads, including pedestrian markings across its City roadway intersection legs, as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. 18. A future County Global Maintenance Agreement, upon execution, may supersede maintenance responsibilities stated in this Agreement. 19. 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, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 20. 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 4 Page 97 of 307 County Project No. CP 16-54 SAP 070-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) 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. 21. 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. 22. 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. 23. 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 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. 24. 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. 25. 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, 5 Page 98 of 307 County Project No. CP 16-54 SAP 070-616-037 (Scott County) MSAP 166-117-004 (City of Shakopee) 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. 26. The County's Authorized Agent for the purpose of the administration of this Agreement is Jonathan Rudolph, Professional Engineer, or his successor. His current address and phone number are Scott County, 200 Fourth Avenue West, Shakopee, MN 55379, and (952) 496-8004. 27. The City's Authorized Agent for the purpose of the administration of this Agreement is Micah Heckman, Assistant City Engineer, or his successor. His current address and phone number are Shakopee City Hall, 485 Gorman Street, Shakopee, MN 55379, and (952) 233-9363. Any change in name, address, or telephone shall be noticed to the other party. 6 Page 99 of 307 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 By And Matt Lehman, Mayor William H. Reynolds, City Administrator Date Date COUNTY OF SCOTT By Lezlie Vermillion, County Administrator 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 100 of 307 County Local Funds Estimated Cost 0 0 0 0 v ER 0 0 0 0 v » County Local Funds Quantity co SAP 166-117-004 Estimated Cost o 0 0 p 69 E9 0 0 0 D O 0 (00 N V3 A $50.00 $690.00 0 0 0 0 vi 0)) 0 E9 Efl $2,391.00 $513.00 $13, 600.00 $3,080.00 $4,400.00 $1,000.00 0 0 0 O �j 0 N EH EA 0 0 • O O 0) V3 $3,400.00 $4,590.00 0 0 O O o Efl V3 00.000'9$ 00'09Z$ 0 0 • 0• 0 00 63 $2,580.00 $2,220.00 0 0 - O fA EA 0 0 0 0 O O 0 64 0 0 0 LD p N 0 EA 69 $4,860.00 $247,449.50 SAP 166-117-004 Quantity 0.5 0.5 0.5 56 0) 0)) N-0) 797 256.5 136 44 44 5 0.5 675 308.5 7.5 85 76.5 0.5 0) 0 0 N •r 43 37 O O 0.5 4.5 0) W N O co 486 SAP 070-616-037 Estimated Cost O O 0 O O <0 0 LO Ea. Ea.6 $22,500.00 $560.00 0 0 O 0 0 69 0 0 0) 0 E9 69 $2,391.00 $513.00 0 0 q 0 0 0 (00 O M CO V3 $4,400.00 $1,000.00 $500.00 $10,125.00 O O o O r ) (0 69 0 3 $3,400.00 $4,590.00 $500.00 $1,000.00 $250.00 $5,000.00 O 0 0 CD •0 O 0 7 69 69-H3 0 0 0 0 0 CO N N N V3 0 0 0 0 0 0 <3 Off() co- co- Le- 69 $121,000.00 $900.00 0 0 O 0 N 0 �- -(fl 0 (4, O• • a)O 0 co a s N 49 SAP 070-616-037 Quantity 0.5 0.5 0.5 56 r CO N 797 256.5 136 44 44 5 0.5 675 308.5 7.5 85 76.5 0.5 0.5 0.5 N r 43 37 0.5 0.5 0.5 4.5 L p N M CO Estimated Total Cost O o CD O o O O° co 0)- Efl 69 0 0 CD 0 0 N C r 69 0 0 0 000 O 0 CO O M no - E9 0 0 0 O 0 0 0 V 69`- Efl $4,782.00 $1, 026.00 $27,200.00 $6,160.00 0 0 CD CD O O 0 0 CO O OD N EA Efl 0 o CD O° 0 O N 0 63 � $12, 340.00 $1,500.00 0 00 CD CD O O O CO CO r co- O Efl ffl CD CD CD O O O O 0 O N Efl ffl 00.000 `0 l $ 00'009$ 00.00Z$ 00'000'9$ $5,160.00 $4,440.00 o O O 0 0 0: I- 09 69- $242,000.00 $1,800.00 CD O • no 0 co O - O EA R $9,720.00 $495,299.00 Estimated Unit Cost O CD 0 O 0 0 O p O 0 E9 O 0 0 O 0 0 0 0 H3 Efl 0 0 0 0 Lo 0 0 H3 ffl o 0 0 0•0 O (n O � 69 0 0 0 M N O o 0 O O O, fH 0 0 O O 0 0 0 0 � � 0 o D O 0 0 � Vi 0 0 O O O N O 63 69 0 0 O O o Efl 0 0 O O O O O 0 69 NN 69 00.000' 0 6 $ 00.009$ 0 0 O O•0 O p 0 0 � � 0 0 0 co coO 69 E9 $7,400.00 $17, 000.00 0 0• o 0 0 O •p O O N O N e 69 O 0 0 O M p � LA 2582.518 Crosswalk Multi Comp Gr In (WR) Sq. Ft. 972 $10.00 Total Estimated Construction Costs Estimated Quantity r r N r 10 138 U)v rn(") 0) ^co N p coo p r O n (O r 170 153 N r rr-N 86 74 r r r mr� (0 .E D E E (n (n E E J J Lum Sum Sq. Ft. Each Lin. Ft. Lin. Ft. Sq. Yd. LL LL (n (n S . Ft. Cu. Yd. Cu. Yd. Ton U -it w (n S . Ft. Sq. Yd. Lin. Ft. Sq. Ft. Each Each Each Lump Sum Each Each w w (n (n Lum Sum Lump Sum System Each Lin. Ft. Each E N As Built Construction Surveying Mobilization Pavement Marking Removal Salvage Sign Remove Curb & Gutter Sawing Bit Pavement (Full Depth) Remove Concrete Driveway Pavement Remove Concrete Walk Remove Bituminous Walk Remove and Replace Bituminous Pavement Excavation -Common Aggregate Base (CV) Class 5 Type SP 9.5 Wearing Course Mix (2,C) Adjust Valve Box -Water 4" Concrete Walk 6" Concrete Walk 8" Concrete Driveway Pavement Concrete Curb and Gutter Truncated Domes Underground Cable Splice Handhole Adjust Handhole Traffic Control Portable Changeable Message Sign Install Sign Panel Sign Panels Type C Sign Panels Type D Emergency Vehicle Preemption System Traffic Control Interconnect Traffic Control Signal System Storm Drain Inlet Protection Sediment Control Log Type Compost Site Restoration Item No. 2011.601 2011.601 2021.501 2102.518 2104.502 2104.503 2104.503 2104.504 CO OD NN 2104.618 2106.507 2211.507 2360.509 2504.602 2521.518 2521.518 2531.504 2531.603 2531.618 2545.502 2545.502 2545.502 2563.601 2563.602 2564.502 CO CO NN 2565.501 2565.501 2565.516 2573.502 M N 0 0 NN 0 0 O CO 0 O co EA 0 0 0 0 w 0 0) M 09 0 0 O O 0 0) 0 0) 0 N O (() co in 69- 49 County Materials Costs Total Estimated Project Construction Costs Page 101 of 307 Capital Improvement Plan City of Shakopee, Minnesota 2023 thru 2027 Project# CIF-23-015 Project Name Traffic Signal - Fuller St & CSAH 16 Accounting Code Fund Capital improvement Fund Description Department Capital Improvements Fund Contact Public Works Director Type Improvement Useful Life 30 Category Street Construction Priority 1 Critical for Safety/Preservati Status Active Total Project Cost: $375,000 A traffic signal is expected to be warranted in the future with the increased traffic in the area of CSAH 16 and Fuller Street. The city's share is expected to be 50% with the county's share at 50% for their two legs of the intersection. The total project cost is estimated at $725,000. Justification The improvements are expected to be needed to maintain an adequate intersection level of service and to mitigate increased safety issues. Expenditures 2023 2024 2025 2026 2027 Total Improvements 375,000 375,000 Total Funding Sources 375,000 375,000 2023 2024 2025 2026 2027 Total Cost Sharing, MnDOT/Federal 375,000 375,000 Total 375,000 Budget Impact/Other 375,000 It is expected that the funding out of the CIF would be a transfer from the city's MSA fund. 64 Page 102 of 307 Shakopee Municipal Boundary ,1111110111111111111111111111111111111111 111111101 1111111111111 1011011ihohhonohonohchh 11111111111111111111' 111111,110101111,1 1 11 11'1' 1 10,0101,000140 0111110 I11111,",11"111111111111'111111,111,111110001011111111111101,10 .00000, 1011111,1 ,1111,11111111\1111111,11,11,111110 111111011111 11111111111ho'„'t „, 10000000000001111,, 11,1a001,' /111111111111i1,11 11,1 , rir ff!rtir 1,1(1111111i1t't1,1111',111,111111111111.11111111.0111111111111111 amloogi 0001 1010;0000101100411 1111!111!1".111, 1 11 1„„i, 0111111g 11,1010,110,,P111111110 11/"N, 111111111 I 1111111101,1,1 1 lopooli,11111,11,111,11,11 ,, 11,1111 ,101,,,r1 dh 11A 1!1111111/1111111 11 i1111,1 1 ,, 0., 111111111111111 1111111 011 tiag hohOt 111 'o ee, SiIAKOPE E April 7, 2023 1111'1 ph 1,11111,11P IIIIIIT,,,,,,011111111 ,d1,,,,011111111111111111111111111 '1*1,Itt Ill 1100 111111111 ""'""""11011111111100,0? 1111j 0111hhiiiihhh, '1"""111,1,1,111111"""1111111 11111 'hhhhhOlierwo 1,?1,1100,11001 11 hh,„11 h 111111111 1,01011111 111i10 „I 1111 1,1,1 1 1111 11111010 „1:1111111 111111,1,11110i111, „,1T ,11,1,1,1,,,,,,,,,,,,111111" 1 11111111 1 Idol , 11010111111rf , II 1 11 1,111111' 1'1.11111:1'ilrrf1IPI111111711'11711111111111 104,1"1111110111 1111,11111,11,11m1i111111111„,1111,111111111111101000110010 0 11111111 1,1,1 11161 „I 111,11,111„,,, 11,11 „ 1111 11,„ 1,( 0110 010011111111111111111111111111,11,11111, 11111111111 11„1„,11„,1111,11fili,Ith,,IrAY'1,,,, irr,71'-'1177, 1 ,, 1 ,I,,,,,,,,1 ,,,,,,,,,, 011 ,1111'1111.111111',11'n1'1 1 hithErhoedroorl'elohhhol oho 0 H11111111111 110 hoillosok,,,ihi„,,, hohohohoo(11 110.1 'hhhh„,,hhhhh.. h hl'Iri000l01/10hthigIolhillihh,,,1011,,, ohrhoolhhhilhohod01,011,1,,h4hill' „ohohlh,01,11111,111 , 1111010111,111111,000101101,olh 111,111,1,111,11,11,1111,001 1 all 1rhhoo'"h°;hh o o 1' h 11hhhhholloolo011oo h,h,ho 11,011,11,1,11,10,101 11,11 11r ,„11,11 111 1101,111 0101 VI. 111 )00 '111411, 111 „1111: I111,,,,^'Torarimiro,10,1„,/,1,,,,,, 111111111111111101111111 111111111011 11111111111" 11111001,11,1111: ,11111111111111111111111111i1115110 1a1111a IIN111amlf,t10,1111a,latturti0( 011 dah1111111111011 ilhhIlhhhhhhhhhhhhhhhihhhhhhhhhhhoohhhhhhhh 11011111,11,11111hhhhholi11111,11111111,11111111111111111,110111 A0,)) 111111111111IIII11,1,,'; hiplsp,,, .0z0001„1„ 11111111111 '1,01111111, 1111 .111110,11.1 /111t;q// 11H1d(r7, 111 1111:111111,11::::::1111111,11111,11111111,111!,,„ 1111 1111111, . , ,i0111111111111,1111111111111111111 1111,1 11111111 111111111111111111111 , ,100111111„ 1.1.1111111111111111111111111101111111111 fllhhhhhilhhhhhhhhlIlhlhhhhhiloLhhhhllh hhhhhhhhhhhhhhhoh,off' Project Location Map Page 103 of 307 01 If( 00011111111100110 1111111111111111111111111111111111110101011111011tit 111100,11P PI ,1 1111111, 111,01, 010,,i11;1,i1,,„01',,1111111 111111111111111111111111111 ,,'„'hhhhhigh 0011 011,1101101m Ihrrht 11'1'11111111 11111,11110111,111 101111' 111,1111h1i1111111 1 1111 1 111111111111111111111111111hp ,11,101111,01,11 11101111111111111 1111,1 1 1 000j 1,11, 1111 011,100,1101,1,, „ 1111111'01i'111111,11,11' 'll]l1' Inn," , 11'1111110p 11011111 1,i111111111111111 „I 111111111 111111' 11 V,11001101, ;440 hih' 1yll 1111.113.11;11111 11111111,111101 1„1?: 4.1.101I 1111111'ia,1111p1. .111111,1111111.1. 11h , 1111111111110,,v41,014rom )141,14 ifiltitillai,j11111l111111111), pl,))a)/p/4111 , , 00000000000000 „p 11101111111111111111111111111 1111111111110 11""'"""""""!,1111111101100000,,,001000 1' . rhh Ihh""'II" I -ho oorh.„1.1 0 ,oh , 1 111111111 1,11111111mo, , 1, 1 11, , . hH 1111111111 III 'III 111.11,1,h, „ ,'",h11,.,„ 111" ',000,000101""itt 1 ' " 14o111 1,111111 11 ‘1,111111q 111111111'11111i !Ft, , 1,1 111111111111111111 0 0.0 35 0.0 7 mi 8.A. Shakopee City Council April 18, 2023 FROM: Michael Kerski, Planning/Development Director TO: Mayor and Council Members Subject: Business Subsidy Agreement for the Southwest Logisitics Center tenant. Policy/Action Requested: Open Public Hearing, take comments, Close Public Hearing. Approve Resolution R2023-055, for a business subsidy agreement for a property tax abatement for the creation of 120 jobs at an average wage of $24 an hour contingent on a minimum investment of $8,000,000 in tenant improvements verified through the building permit. Recommendation: Open and Close Public Hearing, Approve Resolution Discussion: The Southwest Logistics Center was developed by WPT REIT just prior to COVID and was one of the largest speculative distribution centers constructed in Minnensota. When COVID struck, the tenant that the city and WPT had worked with, canceled its lease because of the uncertain economy. Since that time, WPT has marketed the structure and had several tenants where they have tried to come to terms with but have been unsuccessful. One of the issues has been the property tax on per square foot basis that currently includes no tenant improvements. The current proposed tenant would use the facility for the Sam's Club logistics center. Product for the region would be delivered into one side, racked and stacked for distribution to individual stores and shipped out on the other side. The tenant will be requesting from the Board of Adjustment and Appeals a Conditional Use Permit for outdoor storage for its tractor trailers that will be stored overnight and during peak season deliveries on the site. The building owner is planning to make additional site improvements including concrete Page 104 of 307 pads to support the trailer legs. The proposed tenant would bring130 new jobs to the region at a minimum wage of $21 an hour plus benefits. The average wage of all jobs on site, excluding the highest wage position, is more than $24 an hour, the minimum for application for any business subsidy. The proposed wages for this facility would be some of the highest in Shakopee for a distribution/logistics center. The proposed business subsidy is an abatement of only the city's portion of the property taxes on the tenant's proposed improvements. The current tax payment on the existing building and structure, would remain with the city. The tenant would pay the increased taxes due to its minimum of $8 million in improvements and then the city would send them a payment twice per year, based on their performance and conformance to the Business Subsidy Agreement. The projected tax abatement per year is $28,659.10. The subsidy per job per year amounts to $220.45. If WPT can not complete this lease transaction, it is likely they will be petitioning Scott County for a property tax reduction since the building would be vacant and has not generated revenues for the past two years. This tenant brings top of the market logistic jobs at a minimal tax impact. The city will benefit from putting a new building to use and the city will also receive more than $100,000 in permit revenues. This property is in XCEL's territory and they have been working with the tenant on this location since the site was designed in its network to be a large energy user. Budget Impact: ATTACHMENTS: • Resolution • Abatement Contract o Business Subsidy Application Sam's East o Shakopee Project Coffee Abatement Page 105 of 307 CITY OF SHAKOPEE, MINNESOTA RESOLUTION NO. R2023-055 RESOLUTION GRANTING A PROPERTY TAX ABATEMENT FOR CERTAIN PROPERTY IN THE CITY OF SHAKOPEE 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. Sam's East, Inc. or an affiliate (the "Developer"), plans to lease the real property located at 7070 Cretex Avenue East (the "Property") for use as a warehouse. 1.02. The Developer intends to make various tenant improvements to the Property which will cost approximately $8,000,000 (the "Minimum Improvements"). 1.03. It is expected that the Developer will bring 130 new jobs to the City at wages that will be on average $24.00 per hour and those jobs will be maintained for at least five years. 1.04. Pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the "Abatement Act"), the City has determined a need to grant a property tax abatement on the Property (the "Abatement") to the Developer in order to assist in financing a portion of the costs of the tenant improvements. 1.05. The maximum amount of abatement provided to the Developer over a ten year period commencing in 2024 is $286,308. The abatement is based solely on the expected $8,000,000 increase in the market value to the Property created by the Developer's tenant improvements to the existing building. 1.06. A form of Abatement Contract between the City and the Developer (the "Abatement Contract") has been presented to the City Council, which sets forth the terms of the Abatement provided by the City. 1.07. The Abatement Contract incorporates a business subsidy agreement within the meaning of Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidy Act"), setting certain goals in connection with the subsidy represented by the Abatement. 1.08. On the date hereof, the City Council conducted a duly noticed public hearing on the Abatement proposed to be granted by the City, as well as the business subsidy to be provided to the Developer. The views of all interested persons were heard and considered at the public hearing. Section 2. Findings. 2.01. The recitals set forth above are incorporated into this resolution. 2.02. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement, because (a) the City believes that the development to be facilitated is not reasonably likely to occur absent the Abatement, (b) the development to be facilitated by the Abatement will bring new jobs to the area, and (c) the long-term taxes collected from 1 Page 106 of 307 the Property after termination of the Abatement will exceed the amount of the Abatement provided to the Developer. 2.03. It is hereby found and determined that the Abatement is in the public interest because such action will increase the City's tax base and provide additional employment opportunities in the City. 2.04. It is further specifically found and determined that the Abatement is expected to result in the following public benefits: (a) Creation of an estimated $8,000,000 increase in market value for property tax purposes, which will be available to all taxing jurisdictions after expiration of the Abatement (commencing in 2035); and (b) Creation of an estimated 130 new jobs in the City. Section 3. Actions Ratified; Abatement Approved 3.01. The City Council hereby ratifies all actions of the City's staff and consultants in arranging for approval of this resolution in accordance with the Abatement Act and the Business Subsidy Act. 3.02. Subject to the provisions of the Abatement Act, the Abatement is hereby approved and adopted subject to the following terms and conditions: (a) The term "Abatement" means the real property taxes generated in any tax -payable year by extending the City's total tax rate for that year against the tax capacity increase resulting from the tenant improvements (estimated at $8,000,000), excluding the tax capacity of the land in the amount of $10,400,000 and the tax capacity of the existing building prior to the tenant improvements being completed, as established in tax payable year 2023, and excluding the portion of the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F, all as of January 2 in the prior year. (b) The Abatement will be paid by the City to the Developer on the dates and in accordance with all the terms and conditions of the Abatement Contract. (c) In accordance with Section 469.1813, subdivision 8 of the Abatement Act, in no year shall the Abatement, together with all other abatements approved by the City under the Abatement Act and paid in that year exceed the greater of 10% of the net tax capacity of the City for that year or $200,000 (the "Abatement Cap"). The City may grant other abatements permitted under the Abatement Act after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Cap, the allocation of Abatement Cap to such other abatements is subordinate to the Abatement granted pursuant to this resolution. (d) The Abatement will have a maximum term of ten (10) years. (e) In no event shall the total payments of the Abatement to the Developer exceed $286,591 (providing a payment of $28,659.10 per year to the Developer) or continue to be paid for more than ten (10) years. (f) The Abatement is subject to modification in accordance with the Abatement Act, subject to the terms of the Abatement Contract. 2 Page 107 of 307 (g) In accordance with Section 469.1815 of the Abatement Act, the City will add to its levy each year during the term of the Abatement the total estimated amount of current year Abatement granted under this resolution. (h) The City makes no warranties or representations regarding the amount or availability of the Abatement. (i) The Abatement shall be provided to the Developer pursuant to the terms and conditions of the Abatement Contract, as approved by the City Council. Section 4. Approval of Contract. The Abatement Contract is hereby in all respects authorized, approved, and confirmed and the Mayor and City Administrator are hereby authorized and directed to execute and deliver the Abatement Contract for and on behalf of the City in substantially the form now on file with the City but with such modifications as shall be deemed necessary, desirable or appropriate, their execution thereof to constitute such conclusive evidence of their approval of any and all modifications therein. Section 5. Effective Date. This resolution is effective upon execution in full of the Abatement Contract. Approved by the City Council of the City of Shakopee, Minnesota this 18t' day of April, 2023. ATTEST: City Clerk Mayor 3 Page 108 of 307 SH155-496 (JAE) 869469v1 4 Page 109 of 307 ABATEMENT CONTRACT Between CITY OF SHAKOPEE, MINNESOTA, and SAM'S EAST, INC., Dated: April 18, 2023 This document was drafted by: KENNEDY & GRAVEN, CHARTERED (JAE) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 Telephone: (612) 337-9300 Page 110 of 307 TABLE OF CONTENTS Page RECITALS 1 ARTICLE 1 Definitions Section 1.1. Definitions 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the City 4 Section 2.2. Representations and Warranties by the Developer 4 ARTICLE III Status of Property; Property Tax Abatement Section 3.1. Status of the Property 6 Section 3.2. Property Tax Abatement 6 Section 3.3. Business Subsidy Agreement 6 Section 3.4. Payment of Administrative Costs 8 Section 3.5. Records 8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements 9 Section 4.2. Commencement and Completion of Construction 9 ARTICLE V Insurance and Subordination Section 5.1. Insurance 10 Section 5.2. Subordination 11 ARTICLE VI Taxes Section 6.1. Right to Collect Delinquent Taxes 12 Section 6.2. Reduction of Taxes 12 ARTICLE VII Financing Section 7.1. Generally 13 Section 7.2. Subordination 13 i Page 111 of 307 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Assignment and Transfer 14 Section 8.2. Release and Indemnification Covenants 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 16 Section 9.2. Remedies on Default 16 Section 9.3. No Remedy Exclusive 17 Section 9.4. No Additional Waiver Implied by One Waiver 17 Section 9.5. Attorney Fees 17 Section 9.6. Default by City 17 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable 18 Section 10.2. Equal Opportunity Employer 18 Section 10.3. Restrictions on Use 18 Section 10.4. Titles of Articles and Sections 18 Section 10.5. Notices and Demands 18 Section 10.6. Counterparts 18 Section 10.7. Recording 19 Section 10.8. Amendment 19 Section 10.9. Governing Law 19 Section 10.10. Severability 19 Section 10.11. Entire Agreement 19 SIGNATURES AND ACKNOWLEDGEMENTS S-1 EXHIBIT A Property A-1 ii Page 112 of 307 ABATEMENT CONTRACT THIS ABATEMENT CONTRACT (the "Agreement"), is made and entered into as of this day of , 2023, by and between the CITY OF SHAKOPEE, MINNESOTA, a political subdivision under the laws of the State of Minnesota (the "City") and SAM'S EAST, INC., a corporation, or an affiliate (the "Developer"). RECITALS WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, as amended (the "Act"), the City is authorized to abate property taxes in order to increase or preserve the tax base, provide employment opportunities, and help provide access to services for residents of the City; and WHEREAS, pursuant to Minnesota Statutes, Sections 1161993 through 116J.995, as amended (the "Business Subsidy Act"), the City is authorized to grant a business subsidy to facilitate development, and to increase the tax base of the City and the State; and WHEREAS, the Developer plans to lease the real property located at 7070 Cretex Avenue East (the "Property") for use as a warehouse; and WHEREAS, the Developer intends to make various tenant improvements to the Property which will cost approximately $8,000,000 (the "Minimum Improvements"); and WHEREAS, the Developer has applied for a property tax abatement from the City to help finance the Minimum Improvements to be located on the Property and the Developer desires to construct the Minimum Improvements on the Property as provided in this Agreement; and WHEREAS, the public purposes of the property tax abatement contemplated herein are to increase the tax base of the City and bring additional jobs to the City; and WHEREAS, the City believes that the property tax abatement contemplated herein and fulfillment of this Agreement is in the best interests of the City and the health, safety, morals and welfare of its residents, and is in accord with the public purposes and provisions of the Act, the Business Subsidy Act, and other applicable State and local laws and requirements under which this Agreement is made; and WHEREAS, the Developer agrees to complete the Minimum Improvements in accordance with the terms hereof; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows: (The remainder of this page is intentionally left blank.) 1 Page 113 of 307 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: "Abatement" means the real property taxes generated in any tax -payable year by extending the City's total tax rate for that year against the tax capacity increase resulting from the tenant improvements (estimated at $8,000,000), excluding the tax capacity of the land in the amount of $10,400,000, the tax capacity of the existing building prior to the tenant improvements being completed, as established in tax payable year 2023, and excluding the portion of the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F, all as of January 2 in the prior year. "Abatement Resolution" means Resolution No. , adopted by the City Council of the City on April 18, 2023, regarding abatement of property taxes on the Property and approval of this Agreement. "Abatement Volume Cap" means the maximum amount of property taxes that may be abated in any year by the City under Section 469.1813, subdivision 8 of the Act. As of the date of this Agreement, the Abatement Volume Cap for the City is the greater of $200,000 or ten percent (10%) of the net tax capacity of the City for the taxes payable year to which the abatement applies. "Act" means Minnesota Statutes, Sections 469.1812 to 469.1815, as amended. "Agreement" means this Abatement Contract, as the same may be from time to time modified, amended, or supplemented. "Available Abatement" means, on each Payment Date, the Abatement generated in the preceding six (6) months with respect to the Property or such lesser amount as shall cause the cumulative principal amount of the Abatement paid to the Developer during the term of this agreement to be no more than $286,591.00. The maximum amount of Abatement provided to the Developer each year is $28,659.10. "Benefit Date" means the earlier of the date of issuance of the Certificate of Completion for the Minimum Improvements or the date the Developer occupies the Minimum Improvements. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City or County is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. "City" means the City of Shakopee, Minnesota. "Compliance Date" means two years following the Benefit Date. "Developer" means Sam's East, Inc., a corporation, or its permitted successors and assigns. 2 Page 114 of 307 "Property" means the real property legally described in EXHIBIT A attached hereto. "Event of Default" means an action by the Developer listed in Section 9.1 hereof. "Holder" means the owner of a Mortgage. "Minimum Improvements" means construction of the tenant improvements in the amount of $8,000,000. "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Payment Date" means each February 1 and August 1, commencing August 1, 2025; provided, that if any such Payment Date is not a Business Day, the Payment Date shall be the next succeeding Business Day. "State" means the State of Minnesota. "Transfer" has the meaning given in Section 8.2 hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in exercising their rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.2 hereof. (The remainder of this page is intentionally left blank.) 3 Page 115 of 307 ARTICLE II Representations and Warranties Section 2.1. Representations by the City The City makes the following representations and warranties as the basis for its covenants herein: (a) The City is a statutory city of the State, duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City proposes to grant an abatement of taxes for the Minimum Improvements for the purposes of increasing the tax base and creating employment opportunities in the City. Section 2.2. Representations and Warranties by the Developer. The Developer makes the following representations and warranties as the basis for its covenants herein: (a) The Developer is a corporation in good standing under the laws of the State, is not in violation of any provisions of its Articles of Organization or Operating Agreement, is duly authorized to transact business in the State, has the power to enter into this Agreement, and has duly authorized the execution, delivery and performance of this Agreement by proper action of its governing body. (b) Subject to obtaining the permits and approvals therefore, the Developer will construct, operate, and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, State and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, State or federal official that the activities of the Developer may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the City is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, State or federal environmental law, regulation or review procedure. (d) The Developer will use commercially reasonable efforts to obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable local, State and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing, which default or breach might prevent the Developer from performing its obligations hereunder. (f) The Developer shall promptly advise the City in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting 4 Page 116 of 307 Developer or its business which may delay or require changes in construction of the Minimum Improvements. (g) The Developer is not currently in default under any business subsidy agreement with any grantor, as such terms are defined in the Business Subsidy Act. (h) The Developer represents that the completion of the Minimum Improvements would not be financially feasible without the assistance provided to the Developer pursuant to this Agreement. (The remainder of this page is intentionally left blank.) 5 Page 117 of 307 ARTICLE III Status of Property; Property Tax Abatement Section 3.1. Status of the Property. As of the date of this Agreement, the Developer shall lease the Property. The City shall have no obligation to acquire any interest in the Property. Section 3.2. Property Tax Abatement. (a) Generally. In order to make the Minimum Improvements economically feasible, the City will grant the Abatement to the Developer. In no event shall the Abatement exceed more than ten years or exceed a cumulative amount of more than $286,591 over the term of the Abatement. The Abatement will reimburse the Developer for a portion of the costs of the tenant improvements required for the Minimum Improvements. Subject to the Abatement Volume Cap, the City shall pay the Developer the Available Abatement on or before each February 1 and August 1 (each a "Payment Date"), commencing on August 1, 2025, and terminating on or before February 1, 2035. (b) Limitations. The pledge of Available Abatement is subject to all the terms and conditions of the Abatement Resolution. The Available Abatement is payable solely from and to the extent of the Abatement, and nothing herein shall be construed to obligate the City to make payments from any other funds. The City makes no warranties or representations as to the amount of the Available Abatement. Any estimates of Available Abatement amounts prepared by the City's financial consultants are for the benefit of the City only, and the Developer is not entitled to rely on such estimates. The Developer further acknowledges that the total property tax abatements payable by the City in any year may not exceed the Abatement Volume Cap pursuant to Section 469.1813, subdivision 8 of the Act. The City does not warrant or represent that the Abatement in the amounts pledged hereunder will be within the Abatement Volume Cap. As of the date of this Agreement, the City currently has one abatement outstanding under the Act. The City agrees that if the City grants any additional abatements under the Act during the term of this Agreement, the Abatement Capacity will be allocated first to the abatements granted prior to the date of this Agreement, next and to the Abatement pledged pursuant to this Agreement, and then to any additional abatements. Section 3.3. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (1) The business subsidy provided to the Developer consists of the principal amount of the Abatement described in Section 3.2 hereof (2) The public purposes of the subsidy are increase the tax base and employment in the City. (3) The goals for the subsidy are to secure the development of the Minimum Improvements on the Property; to maintain such improvements for the time period described in clause (6) below; and to create the jobs and wage levels described in Section 3.3(b). (4) If the goals described in clause (3) above are not met, Developer must make the payments to the City described in Section 3.3(c) hereof. 6 Page 118 of 307 (5) The subsidy is needed to increase the City's tax base and provide up to 130 new jobs in the City. (6) The Developer must continue operation of the Minimum Improvements for at least five years after the Benefit Date (defined hereinafter), subject to the continuing obligation described in Section 10.3 of this Agreement. During any period when the Minimum Improvements are vacant and not operated for the aforementioned qualified uses, the Minimum Improvements will not meet the requirements of this Section 3.3(a)(6). (7) The Developer parent company is Walmart. (8) The Developer has not received and does not expect to receive financial assistance from any other "grantor" as defined in the Business Subsidy Act in connection with the construction of the Minimum Improvements. (b) Job and Wage Goals. Within two years after the Benefit Date, the Developer shall cause to be created: (i) at least 130 full-time equivalent jobs; and (ii) wages for each such full-time job of no less than $21.00 with an average wage of $24.00 per hour. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.3(a)(6) and 3.3(d). The City may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the City's legislative discretion regarding this matter. The jobs and wages described in this Section 3.3(b) must continue for at least five years after the Compliance Date. (c) Remedies. If the Developer fails to meet the goals described in Section 3.3(a)(3) hereof, the Developer shall repay to the City upon written demand from the City a "pro rata share" of the outstanding principal amount of the Abatements together with interest based on the rate set forth in Section 116J.994, subd. 6 of the Business Subsidy Act, accrued from the date of the default to the date of payment. The term "pro rata share" means a percentage calculated as follows: (1) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (2) if the failure relates to wages, the number of jobs required less the number of jobs that meet the minimum wages, divided by the number of jobs required; (3) if the failure relates to maintenance of the Minimum Improvements in accordance with Section 3.3(a)(6), 60 less the number of months of operation as a warehouse facility, commencing on the date of the certificate of completion and ending with the date the facility ceases operation as determined by City staff, divided by 60; and (4) if more than one of clauses (1) through (3) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the City's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the City for failure to meet the goals stated in Section 3.3(a)(3), the Developer agrees and understands that it may not receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from 7 Page 119 of 307 the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing March 1, 2024, and continuing until the later of (i) the date the goals stated Section 3.3(a)(3) are met; (ii) 30 days after expiration of the period described in Section 3.3(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.3(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. Section 3.4. Payment of Administrative Costs. The Developer will pay to the City all reasonable out of pocket costs incurred by the City (including without limitation attorney and fiscal consultant fees) in the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder (collectively, "Administrative Costs"). Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the City. If Administrative Costs exceed the application deposit, the Developer shall pay all additional Administrative Costs from time to time within thirty (30) days after receipt of written notice thereof from the City. Section 3.5. Records. The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine, and copy all books and records of the Developer relating to the Minimum Improvements. The Developer shall also use its best efforts to cause the general contractor to make their books and records relating to the Minimum Improvements available to the City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by the Developer until the termination of this Agreement. (The remainder of this page is intentionally left blank.) 8 Page 120 of 307 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements in accordance with the provisions of this Agreement and will at all times during the term of this Agreement operate and maintain, preserve and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by 2023. Subject to Unavoidable Delays, the Developer shall complete the Minimum Improvements by 2023. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Property shall be in conformity with the City zoning ordinances and the Developer shall obtain all required permits. (The remainder of this page is intentionally left blank.) 9 Page 121 of 307 ARTICLE V Insurance and Subordination Section 5.1. Insurance. (a) During the term of this Agreement, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,500,000, and shall be endorsed to show the City as an additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self -insured with respect to all or any part of its liability for workers' compensation. (b) All insurance required under this Article shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Notwithstanding the foregoing, if such a provision is not available from the Developer's insurer, Developer may provide such notices. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer will notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will promptly repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction, and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (d) All of the insurance provisions set forth in this Article shall terminate upon the termination of this Agreement. 10 Page 122 of 307 Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of the City with respect to the receipt and application of any insurance proceeds shall, in all respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant to Article VII of this Agreement. (The remainder of this page is intentionally left blank.) 11 Page 123 of 307 ARTICLE VI Taxes Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the Minimum Improvements pursuant to this Agreement. The Developer understands that the Abatement pledged to pursuant to this Agreement is derived from real estate taxes on the Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the City to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the County auditor. In any such suit, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Reduction of Taxes. Prior to the termination of this Agreement, the Developer will not (a) cause a reduction in the real property taxes paid in respect of the Property through willful destruction of the Minimum Improvements or any part thereof; or (b) fail to reconstruct the Minimum Improvements if damaged or destroyed, as required under Section 5.1(c) hereof. (The remainder of this page is intentionally left blank.) 12 Page 124 of 307 ARTICLE VII Financinz Section 7.1. Generally. The Developer warrants and represents to the City that it has or will have available funds sufficient to construct the Minimum Improvements. Section 7.2. Subordination. If the Developer requires mortgage financing for the development of the Minimum Improvements, the City agrees to subordinate its rights under this Agreement to the Holder of any Mortgage securing construction or permanent financing and the City agrees to consent to such subordination, in accordance with the terms of a subordination agreement approved by the City. (The remainder of this page is intentionally left blank.) 13 Page 125 of 307 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Assignment and Transfer. (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to completing the Minimum Improvements under this Agreement, and for the purpose of refinancing such debt, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or assignment, conveyance, or lease, or transfer in any other mode or form of or with respect to this Agreement, the Minimum Improvements, the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Developer (collectively, a "Transfer"), without the prior written approval of the City unless the Developer remains liable and bound by this Agreement in which event the City's approval is not required. Any such Transfer shall be subject to the provisions of Section 8.1(b) of this Agreement. Notwithstanding anything to the contrary in this Section, the Developer may assign its rights under this Agreement to the Holder of a Mortgage, provided the assignment is done in written form and is approved by the City. (b) In the event the Developer, upon Transfer, seeks to be released from its obligations under this Agreement, the City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (ii) Any proposed transferee, by instrument in writing satisfactory to the City, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Minimum Improvements, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) deprive the City of any rights or remedies or controls provided in this Agreement; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Minimum Improvements, the Property, or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Minimum Improvements or the Property that the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Minimum Improvements, from any of its obligations with respect thereto. 14 Page 126 of 307 (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement, the Minimum Improvements, or the Property governed by this Article, shall be in a form reasonably satisfactory to the City. (c) Notwithstanding the foregoing, any Transfer to a person or persons leasing a townhome shall not be subject to Section 8.1(a) or (b). Section 8.2. Release and Indemnification Covenants. (a) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, the City and the governing body members, officers, agents, servants and employees thereof (the "Indemnified Parties") shall not be liable for and the Developer shall indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Property or the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Property or the Minimum hnprovements. (c) The Indemnified Parties shall not be liable for any damage or injury to the property of the Developer or its officers, agents, servants or employees or any other person who may be about the Property or Minimum Improvements. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of such entity and not of any governing body member, officer, agent, servant or employee of such entity in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 15 Page 127 of 307 ARTICLE 1X Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non -defaulting party provides thirty (30) days written notice to the defaulting party of the event, but only if the event has not been cured within said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting party does not, within such thirty (30) day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (b) commencement by the Holder of any Mortgage on the Property or any improvements thereon, or any portion thereof, of foreclosure proceedings as a result of default under the applicable Mortgage documents; (c) if the Developer sells or otherwise disposes of the Minimum Improvements or the Property without the written approval of the City, which shall not be unreasonably withheld; (d) if the Developer shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) make an assignment for benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 thereof occurs, the City may exercise any of the following rights under this Section after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty (30) days, the Developer does not, within such thirty (30) day period, provide assurances reasonably satisfactory to the party providing notice of default that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under this Agreement until it receives reasonably satisfactory assurances that the Developer will cure its default and continue its performance under this Agreement. (b) Cancel and rescind or terminate its obligations under this Agreement. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce 16 Page 128 of 307 performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs and if the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 9.6 Default by City. Notwithstanding anything to the contrary herein, in the event the City fails to perform any covenant, condition, obligation or agreement on its part, and such failure has not been cured within thirty (30) days after receipt of written notice to the City from the Developer, or if such failure is by its nature incurable within thirty (30) days, the City does not, within such thirty (30) day limit, provide assurances reasonably satisfactory to the Developer that the failure will be cured as soon as reasonably possible, then the Developer may exercise such remedies as may be available at law or in equity with respect to the defaulting party. (The remainder of this page is intentionally left blank.) 17 Page 129 of 307 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The City and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement it will comply with all applicable federal, state and local equal employment and non- discrimination laws and regulations. Section 10.3. Restrictions on Use. The Developer agrees that until the Maturity Date, the Developer, and such successors and assigns, shall use the Property and the Minimum Improvements thereon only as a day care facility (as defined in Section 3.3 hereof), provided that after expiration of the five-year period described in Section 3.3(a)(6), the repayment remedy described in Section 3.3(c) may not be imposed on Developer for default under this Section, and City is limited to any other remedies available under Article IX hereof. Further, the Developer shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to 2101 SE Simple Savings Drive, Bentonville, AR, 72712, Attn: Kevin Porter, Senior Manager, Tax. (b) in the case of the City, is addressed to or delivered personally to the City at the Government Center, 218 North Meridian Street, P.O. Box 129, Shakopee, MN 56011, Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 18 Page 130 of 307 Section 10.7. Recording. The City may record this Agreement and any amendments thereto with the County Recorder of Scott County. The Developer shall pay all costs for recording. Section 10.8. Amendment. This Agreement may be amended only by a written agreement approved by all parties hereto. Section 10.9. Governing Law. This Agreement is made and shall be governed in all respects by the laws of the State. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 10.10. Severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. Section 10.11. Entire Agreement. This Agreement, together with EXHIBIT A, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement, provided that nothing contained herein shall impair the rights of the City or the obligations of the Developer under any other agreement between the City and the Developer. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. Without limitation of the foregoing, any modification is subject to the restrictions on modifications set forth in the Abatement Resolution. (The remainder of this page is intentionally left blank.) 19 Page 131 of 307 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 2023, by Matt Lehman, the Mayor of the City of Shakopee, Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 2023, by William Reynolds, the City Administrator of the City of Shakopee, Minnesota, on behalf of the City. Notary Public S-1 Page 132 of 307 Execution page of the Developer to the Abatement Contract, dated as of the date and year first written above. SAM'S EAST, INC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2023, by , the of Sam's East, Inc., a corporation, on behalf of said corporation. Notary Public S-2 Page 133 of 307 EXHIBIT A PROPERTY Parcel ID Number 275030010 Lot 1, Block 1, Hentges Industrial Park Subdivision 2021 Values Payable 2022 Land $10,400,000 Improvement $14,600,000 Total $25,000,000 2022 Values Payable 2023 Land $14,040,000 Improvement $33,210,000 Total $47,250,000 A-1 Page 134 of 307 SH155-496 (JAE) 869473v1 E-2 Page 135 of 307 ssist With this application, please submit a formal letter requesting assistance. There is an application fee of $12,000 that will be used to pay legal and financial service fee's associated with the application process. Any unused portion of this fee will be returned to the applicant if project is not approved or if applicant decides not to proceed. Application is not considered complete until application fee has been received. APPLICANT INFORMATION Business Name: Sam's East, Inc. Address: 2101 SE Simple Savings Dr City: Bentonville State: AR Zip Code: 72712 Contact Person: Kevin Porter Title: Senior Manager, Tax Telephone: 479-371-1691 Email: kevin.porter0@walmart.com riTo be listed as primary on legal documents Parent Company: Walmart Address: 2608 SE J Street City: Bentonville State: AR Zip Code: 72712 piTo be listed as primary on legal documents Consultant Name: n/a Address: City: State: Zip Code: Contact Person: Title: Telephone: Email: TYPE OF SUBSIDY REQUESTED nTax Increment Financing (TIF) n Tax Abatement n Other Type of TIF: (Economic Development fRedevelopmentfHousing OWNERSHIP STRUCTURE & FINANCIAL HISTORY Indicate type of business: nCorporation nPartnership n LLC 1Proprietorship or operates under a name other than the business legal name n Other COMMUNITY PRIDE SINCE 1857 1 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov Page 136 of 307 Proprietorship, partners, officers, directors, holder of outstanding stock of 10 percent or more of business ownership must be accounted for on the table below. Name Title % of Ownership % % % % Have there ever been judgments or injunctions against the business or owners? n Yes n No If yes, describe: Is there pending litigation involved the businessflYes nNo If yes, please attach summary and disposition. Has the business or the owners of the business ever filed bankruptcy? ri Yes n No If yes, describe: Has the business or the owners defaulted on a loan commitment? n Yes nNo Is the business or the owners currently delinquent on property taxes I the City of Shakopee? ri Yes ri No Are you engaged in international trade? n Yes ri No POJECT DNFORMATVON If awarded, what is the intended use of funds? If possible, please provide preliminary cost estimates. Funds are intended to assist in the construction of the facility, purchase of equipment, and paying full time employees. The estimated tenant improvement construction costs are $9M and the estimated equipment costs are $32M. Project Type: ri Expansion n Startup Do you have facilities in other locations? n Yes n No If yes, please list where: Mankato, MN Will any jobs be relocated from another Minnesota site? nYes n No If yes, which location(s) will the jobs be relocated from? *Provide a statement within the attachment section as to why the project cannot be completed at its current location/facility. COMMUNITY PRIDE SINCE 1857 2 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov Page 137 of 307 What is the company's current number of Full Time Equivalent (FTE) employees in Shakopee: 0 *Full Time Equivalent (FTE) is based on a total annual hours of 2,080. What is the company's current number of Full Time Equivalent (FTE) employees in Minnesota: 130 Number of new FTE jobs to be created within 2 years in Shakopee: Number of new FTE jobs to be created within 5 years in Shakopee: *Job number will be used to determine eligibility for scoring and for job creation commitments. 130 What is the hourly base wage of the lowest paid job that will be created? $21 .00 How many jobs earning a base wage of $14.50 or higher are anticipated to be created? *City requires a minimum wage of $14.50 exclusive of benefits (200% of Federal Minimum wage). What is the average base wage of all the jobs created? $50, 500 Complete the following wage/benefit table: 130 Wage Levels Per Hour Number of Permanent FTE Positions at this Wage Level Hourly Value of Health Insurance Benefits (Health and Dental) Hourly Value of Non - Health Insurance Benefits (Life, Profit Sharing/Bonuses, Retirement, etc.) Less than $14.50 $14.50 - $14.99 $15.00 — $16.99 $17.00 — $18.99 $19.00 — $20.99 $21.00 — $22.99 109 $6.30 $23.00 - $24.99 $25.00 — $26.99 $27.00 — $28.99 5 $8.10 $29.00 — 30.99 $31.00 and Over 16 $11.54 P OPERTY DNFORMATION Property Identification Number(s): Total Size of the Property: Total Size of the Facility: 365,552 sgft COMMUNITY PRIDE SINCE 1857 3 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov Page 138 of 307 Facility Breakdown Total Square Feet Per Area Manufacturing/Assembly/Processing Office Research Laboratory Warehouse 365,552 Other Will the facility be leased or owned? n Leased n Owned Are there any environmental risks associated with the site, building, or the business itself? Fp Yes n No Have state environmental review requirements been met, if applicable?n Yes n No ESTIATED SOUS' CES AND USES OF FU DS *Note: 20% of equity is required. Local Government Bank Equity DEED Other Total Property Acquisition Site Improvement New Construction Renovation of an Existing Building Purchase of Machinery & Equipment Public Infrastructure Other Total Project Costs EATED PROJECT TIMETA ;LE Task Estimated Completion Date Commitment of all Funds Start of Construction Q2 2023 Purchase Equipment Q3 2023 Complete Construction Q3 2023 Begin Operations Q4 2023 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov 4 Page 139 of 307 TAX INCREk: ENT FINANCING ONLY Any project receiving tax increment financing must meet requirements established in the City of Shakopee's Tax Increment Financing Policy. Will the developer receiving assistance provide a minimum of 20% cash equity investment in the project? n Yes n No If new construction, will the building be at least 50,000 square feet? n Yes n No TAX ABATEMENT ONLY Any project receiving tax abatement must meet requirements established in the City of Shakopee's Tax Abatement Policy. Will the developer receiving assistance provide a minimum of 20% cash equity investment in the project? nYes n No Does the project meet the minimum investment of $10 million (new businesses) or $5 million (expansions)? n Yes n No Attach the following information with the application. Application is not considered complete until all documents have been received. Provide a brief narrative of the company. nWhat is the business' competitive position in the marketplace? Briefly describe the past and present operations of the business and/or events leading up to its creation. Include when business was established and any change in controlling ownership within the last five years. nDoes the marketing strategy support the planned expansion or start-up? nIs public assistance necessary for this project? If so, why will the project not proceed without public assistance? Site information, including site plan, renderings of the proposed project, narrative description of location, scope, size and type of development. Planning and zoning analysis: Does the project conform to the current zoning? Are any variances needed? If so, please identify and explain. Studies and analysis in support of project: Preliminary economic analysis showing existing taxes, future taxes and source and use of funds. Pro forma analysis of the project or market that have been completed. Market feasibility analysis. A professional analysis of the company's financials may be required and would need to include review of the following information: Three years historical financial information: Balance Sheets, Profit and Loss Statements and Cash Flow Statements. COMMUNITY PRIDE SINCE 1857 5 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov Page 140 of 307 The information that you supply in your application to the City of Shakopee/Shakopee EDA ("City") will beused toassess your eligibility for financial assistance. The City will not beable toprocess your application without this information. The Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) governs whether the information that you are providing to the City ispublic orprivate. If financial assistance is provided for the project, the information submitted in connection with your application will become public, except for those items protected under Minnesota Statutes, Section 13.S9\Subdivision J(b)or Section 13.591, Subdivision 2. lhave read the above statement and I � ��������������m�f� agree to --/ --n-o matters contained iuthis notice. lccztify that the information submitted ioconnection with the application in true and accurate. Senior Manager, Tax 2/9/2023 Signature T Title Date COMMUNITY PRIDE SINCE l857 6 l29Holmes Street South ^ Shakopee, Minnesota ° 55379-1351 ° 952-239-9300 ° BAX952-233-380l ^ www.SkakopecMN.gov Page 141 of 307 BUSINESS SUBSIDY REIMBURSEMENT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , by and between the CITY OF SHAKOPEE, MINNESOTA (the "City"), a Minnesota municipal corporation, and , a (the "Applicant"). WITNESSETH: WHEREAS, has made application for Business Subsidy for a project located (the "Project"); and WHEREAS, the City of Shakopee has collected the review fee of $12,000 as required by the City's adopted Fee Schedule; and WHEREAS, has agreed to reimburse the City for the costs of the preparation and review of the Business Subsidy application over and above the $12,000 application fee. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: will reimburse the City for the costs actually incurred by the City in the preparation and review of the Business Subsidy application for the Project. Payment shall be due 10 days after written evidence reasonable acceptable to has been provided to that such costs have actually been incurred by the City. Termination of this Agreement shall not impair the obligation of to pay the reasonable costs actually incurred by the City for the preparation of the Business Subsidy application before the date of termination of this Agreement. APPLICANT'S NAME By: Title: CITY OF SHAKOPEE By: Title: Date: Date: COMMUNITY PRIDE SINCE 1857 7 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov Page 142 of 307 Assumptions Report City of Shakopee Project Coffee Prelim Tax Abatement Revenue Projections - City Only Participation Scenario 1 - $8M EMV - 10-Years of Abatement -Total Value Increase Type of Project Tax Abatement Maximum Duration of Tax Abatement 15 Years Current Year 06/30/23 First Abatement Year 01/01/25 Final Abatement Year 12/31/34 (10-Years of Abatement) 2019/2020 Base Estimated Market Value (Land) $0 Base Net Tax Capacity (NTC) $0 Non -Abated NTC 100% Assessment/Collection Year 1 2 3 2023/2024 2024/2025 2025/2026 2026/2027 Base Estimated Market Value $0 $0 $0 $0 Increase in Estimated Market Value 0 8,000,000 8,000,000 8,000,000 Total Estimated Market Value $0 $8,000,000 $8,000,000 $8,000,000 Times: First $150,000 1.50% 0 2,250 2,250 2,250 Excess 2.00% 0 157,000 157,000 157,000 Total Net Tax Capacity $0 $159,250 $159,250 $159,250 Proposed 2022/2023 Local Tax Capacity Rate 78.971 % Fiscal Disparities Deduction 36.9281% Abate City Tax Rate? Yes 28.533% Abate County Tax Rate? No 26.796% Abate School District Tax Rate? No 19.278% Other Tax Rate 4.364% Current City Tax Capacity 75,121,851 @ 10% 7,512,185 Max. Abate - 7,512,185 Current County Tax Capacity 276,167,953 @ 10% 27,616,795 Max. Abate - 27,616,795 Current ISD Tax Capacity 96,609,343 @ 10% 9,660,934 Max. Abate - 9,660,934 Present Value Date & Rate 06/30/23 6.00% Bonds Note (Pay -As -You -Go) Bonds Dated NA Note Dated 02/01/24 First Interest Date NA Note Rate 6.50% Underwriters Discount NA Note Amount $194,469 Projections assume no change to future tax and class rates, and no market value inflator. Abatement projections based on total value increase of $8,000,000. Construction 100% complete in 2023. Page 143 of 307 E E E N X E O sz 2 ¢ U E a) ▪ x E > H U a co rt 2 Q 0 0 0 6) O) O O O) O) O) O) O) LO LO LC) CO LC LC) LO LO LC) 1) CO CO CO CO CO CO CO CO CO CO CO- CO- co- o6co- co- co- co- co- co- N N N N N N N N N N O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O 0) 0) 0) 0 0) 0) 0) (7) 0) 0) LC) (0 CO (0 (0 CO (0 (0 (0 (0 CO CO CO CO CO CO CO CO CO CO CO- (0• co(0(0• co- co- co- co- c N CN N N N N N N N N rn 0 0 N EA 0 EA O EA 0) 00 0 N EH o 2 O (0 W o H H 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N M M M M M M M M M M O O O O O O O O O O 0 0 N cr) O EA > + N (X6 N a) E H a H U d N N X Y H Q • U U Z a a o 0 0 0 0 0 0 0 0 m • o) O O T T O O O O O O O0 0 (0 (0 (0 W (0 W W (0 (0 W t` ti r N- N- C` O O N N N N N N N N N N V V V V V V V 'I- d' O O • O • O • O • O • O • O • O • O 0 0 0 0 0 0 0 0 0 0 0 0 m o0 o0 o0 o0 m co o w (0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O c c c c 0) LC) LC) N LO LO LO LO LO LO LO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO L L (0 (0 L LO NNNNNNNNNN 0) O • O • O • O • O • O • 0) • 0) • 0) 0) u) LO LO LO LO LO LO LO LO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O • O • O • O • O • O • O • O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 (0 c c c c c c 0)(0 co - CO V 1C) c0 h co co O N M V N N N N N N N M C) M M M M M M M M M M M M M M M NNNNNNNNNNNN **Proposed 2023 total tax capacity rate Page 144 of 307 Projected Pay -As -You -Go Note Report City of Shakopee Project Coffee Prelim Tax Abatement Revenue Projections - City Only Participation Scenario 1 - $8M EMV -10-Years of Abatement -Total Value Increase Note Date: 02/01/24 Note Rate: 6.50% Amount: $196,000 Cumulative Unpaid Sem i-Annual Loan Interest Accrued Net Balance Date Principal Interest P & I Due Interest Revenue Outstanding (1) (2) (3) (4) (5) (6) (7) (8) 196,000.00 02/01/24 0.00 0.00 0.00 0.00 0.00 0.00 196,000.00 08/01/24 0.00 0.00 0.00 6,370.00 6,370.00 0.00 196,000.00 02/01/25 0.00 0.00 0.00 12,740.00 12,740.00 0.00 196,000.00 08/01/25 0.00 14, 329.56 14, 329.56 19,110.00 4,780.44 14, 329.56 196, 000.00 02/01/26 3,179.12 11,150.44 14,329.56 11,150.44 0.00 14,329.56 192,820.88 08/01/26 8,062.88 6,266.68 14,329.56 6,266.68 0.00 14,329.56 184,758.00 02/01/27 8,324.92 6,004.64 14,329.56 6,004.64 0.00 14,329.56 176,433.08 08/01/27 8,595.48 5,734.08 14,329.56 5,734.08 0.00 14,329.56 167,837.60 02/01/28 8,874.84 5,454.72 14,329.56 5,454.72 0.00 14,329.56 158,962.76 08/01/28 9,163.27 5,166.29 14,329.56 5,166.29 0.00 14,329.56 149,799.49 02/01/29 9,461.08 4,868.48 14,329.56 4,868.48 0.00 14,329.56 140,338.41 08/01/29 9,768.56 4,561.00 14,329.56 4,561.00 0.00 14,329.56 130,569.85 02/01/30 10,086.04 4,243.52 14,329.56 4,243.52 0.00 14,329.56 120,483.81 08/01/30 10,413.84 3,915.72 14,329.56 3,915.72 0.00 14,329.56 110,069.97 02/01/31 10,752.29 3,577.27 14,329.56 3,577.27 0.00 14,329.56 99,317.68 08/01/31 11,101.74 3,227.82 14,329.56 3,227.82 0.00 14,329.56 88,215.94 02/01/32 11,462.54 2,867.02 14,329.56 2,867.02 0.00 14,329.56 76,753.40 08/01/32 11,835.07 2,494.49 14,329.56 2,494.49 0.00 14,329.56 64,918.33 02/01/33 12,219.71 2,109.85 14,329.56 2,109.85 0.00 14,329.56 52,698.62 08/01/33 12, 616.85 1,712.71 14, 329.56 1,712.71 0.00 14, 329.56 40, 081.77 02/01/34 13, 026.90 1,302.66 14, 329.56 1,302.66 0.00 14, 329.56 27, 054.87 08/01/34 13,450.28 879.28 14,329.56 879.28 0.00 14,329.56 13,604.59 02/01/35 13,604.59 442.15 14,046.74 442.15 0.00 14,046.74 0.00 $196,000 $90,308.38 $286,308.38 $286,308.38 Excess Tax Abatement 282.78 Total Net Revenue $286,591.16 Prepared by: Springsted Incorporated (printed on 2/23/2023 at 79461145 of 307 Shakopee Project Coffee Abatement 9.A.1. Shakopee City Council April 18, 2023 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: Planned Unit Development (PUD) Amendment to the South Valley Health Campus PUD and the Preliminary / Final Plat of St. Francis Medical Campus 3rd Addition Policy/Action Requested: Two Voting Items: 1) Recommend City Council adopt Resolution R2023-046, the proposed PUD Amendment to the South Valley Health Campus PUD. 2) Recommend City Council adopt Resolution R2023-047, the Preliminary and Final Plat of St. Francis Medical Campus 3rd Addition. Recommendation: The Planning Commission recommended the City Council adopt both the PUD Amendment and Preliminary / Final Plat resolutions by votes of 6-0 at their April 6th meeting. Discussion: Site Information: Site Address: 1700 Saint Francis Avenue Applicant: Jonathan Donavan Property Owner: Saint Francis Regional Medical Center Lot Area: 15.61 acres Current Zoning: B-2, Office with PUD Overlay 2040 Comp. Plan: Mixed Use Employment Center Jonathan Donovan of Loucks, representing Saint Francis Regional Medical Center, has applied for a PUD Amendment to the South Valley Health Campus PUD and the preliminary and final plat of St. Francis Medical Campus 3rd Addition. The proposed amendment and plat would allow for the construction of an approximately 44,000 square - foot ambulatory surgery center to be operated by Tria Orthopedics. Page 146 of 307 This proposed development is the first building of the campus to be built south of Saint Francis Avenue and is currently an outlot. The northern part of the site is currently used as overflow and staff parking for the medical campus. The proposed development plan and use of the site as a surgery center complies with the 2040 Comprehensive Plan and the B-2, Office zoning district. A preliminary / final plat is required to construct a building on this site. Building Design The proposed building is planned to be constructed out of brick, glass, bronze colored and woodgrain metal panels and cast stone. The proposed materials meet the construction materials requirements and complement the existing buildings of the medical campus. The amount of window coverage meets the requirements of City Code on all facades. Adding additional horizontal design features to different facades and screening wall, such as a band of brick of a contrasting color, will bring the facade into full compliance with the design and materials requirements of City Code. Site Design The applicant is proposing pedestrian connections to the following facilities: • The existing sidewalk along the private driveway entrance from Valley View Road, which is the west side of the surgery center site. • The existing public sidewalk along Sarazin Street • A pedestrian connection through the parking lot to the existing crosswalk on St Francis Avenue for the existing campus buildings. No additional pedestrian connections are necessary. The applicant provided a traffic study with this application. The traffic study shows that the surrounding roadways are capable of supporting the proposed surgery center. Proposed vehicle access to the site is in the following locations: • Two accesses to Saint Francis Avenue (north side of site) • One access to the private drive entrance drive between Valley View Road and St Francis Avenue (west side of site) • One access to Sarazin Street (east side of site). The traffic study proposed possible changes to the site design to enhance circulation, including the removal of one access to Saint Francis Avenue, which Planning and Engineering staff also recommend. The existing eastern access to the parking lot aligns with Page 147 of 307 the driveway to the north for the existing buildings. The removal of the western access allows for additional parking spaces because there would be one less drive aisle through the parking area. The northern portion of this site is currently an overflow parking lot for the existing campus. The applicant provided a parking study prepared by their engineer that reviewed the number of available parking spaces in the current parking lot on this site at different times on multiple days in January of 2023. The full results and explanation of the study are in the applicant narrative. The number of cars in the lot during the study varied between 84 at 9:30 a.m. on Tuesday, January loth to 117 spaces at 1:30 p.m. on Wednesday, January 11, 2023. Based on City Code requirements, the surgery center is required to provide 194 parking stalls. Staff is comfortable with the applicant's parking study and proposed number of spaces based on the following: • There are 333 existing parking spaces on the site. Approximately 81 parking spaces will be removed for the development of the site, leaving 252 existing spaces. • City Code requires 194 spaces for the surgery center (1 space per 225 square -feet for medical / dental clinics). • The parking study determined a need of 129 spaces in the existing lot, which is based on a 10% increase above the highest number of observed vehicles during the study. 194 required spaces + 129 spaces = 323 total required spaces. • The applicant is proposing to construct 109 additional new parking stalls, totaling 361 spaces (252 existing spaces + 109 new spaces). • 361 proposed spaces - 323 required spaces = 38 excess parking spaces, or 11.7% above the requirement. • Staff is recommending the removal of the western access to St Francis Avenue, which will increase the number of parking spaces in the lot. Landscaping The applicant is proposing to develop the building and create additional parking on the lot, which requires additional landscaping. Staff is recommending multiple changes to the landscaping plan, specifically: • Planting of boulevard trees at a 40' interval along Sarazin Street to match plantings south of this site and to meet City Code. Spacing from existing boulevard trees and utilities may require the 40' interval requirement to be adjusted slightly. • Adding a second tree to the double landscape islands in the parking lot to comply with Page 148 of 307 the landscaping requirements. Double landscape islands with an existing tree in the center will not be required to have a second tree due to space limitations. • Increased diversity of tree species to meet City Code requirements for diversity. • Adding Evergreens south of the loading dock to screen the loading dock area from Valley View Road. Signage The applicant is proposing an additional monument sign and two directional signs on the site. Staff is recommending that the signage be generally consistent with the existing sign package of the campus and not exceed the signage area and height of existing entrance and directional signs. Wall signage will be required to meet City Code requirements. Preliminary / Final Plat Discussion The entire site is currently an outlot and is required to be platted prior to construction of any buildings. The applicant is proposing to split the lot into two parcels. The proposed eastern lot is intended for the surgery center and the west lot would remain as an outlot. The west lot will be subject to another PUD amendment and need to be final platted at the time of future development. The applicant has not stated a planned use for the western site. No additional public right-of-way is necessary for this plat. Budget Impact: N/A ATTACHMENTS: • Location Map • Applicant Narrative • Existing Conditions Survey • Proposed Site Plan With Comments • Proposed Grading Plan o Proposed Landscape Plan o Exterior Building Perspective NE and NW o Exterior Building Perspective SE and SW • Proposed Building Elevations o Proposed Floor Plan o Traffic Study o Preliminary Plat Drawing • Final Plat Drawing • Proposed Lighting Plan • Engineering Department Comments • Resolution R2023-046 (PUD Amendment) Page 149 of 307 a Resolution R2023-047 (Preliminary / Final Plat) Page 150 of 307 Shakopee Municipal Boundary „1621111111", r 14.11"1 1 "1 """"1111111111"' 1,0,111"1„11 111" '11'1 1110101011111 ,11"1"11 , 7 , 1, ,, 111 .14E "1d 1"1/1100toihill,1 11111111,111 0110,11111 11100,0 ,1111""1111111 0°1° „1„0 110110 1.111111411111 "11'1" 1011,00 Si IAKOPEE March 31, 2023 11111111111111111111111111111111 11111111111111111111,,d1 1,"11""d"1,1111 ,111111111 11111,1111111411 11111111111111 1 "goon" (111! 100004 1110 ", 1111111" 1,1,1,11"1„1"111,11 100000100001010 0000000000100000110000000000000001111111111111 I I I 11114,1 10.011111!ifili 1111111111111111111111" 111 14 11111111111,111111"1","" 11"; , 1111"1"1"1"1"1"1111,1,1,1",",",",","","1"1,11,1,11,11,11,11,1,1111.1, 111111111 o'000 0000m000m000m00000 "1","""iiiiiiiiiiiiiiiiiiiiii"1""p","111111111111?1,1,1111111110,1""1"111 1111111111111111111111111111111 1111111111111 4111111111"0""" 000t°1011111 111111hr 1111°°1111°11"°°°1001i010100111010100 011111 111 01 0110011u 0110100000 111111 "1111111p... 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The proposed site is currently a 15-acre Outlot parcel located just south of the existing SFRMC Campus. The approximately 44,470 square foot facility will provide the Shakopee and surrounding communities a local option for surgeries and procedures. Several key requirements were considered when identifying this site as our preferred location for the new facility: • Visibility from arterial roads to promote new services • Location in proximity to the existing hospital campus • Quick and safe access to highways • Adequate parcel size to meet current and future needs O 15-20+ acres • Zoning — B2 Office with PUD Overlay o Currently zoned similar to existing hospital campus Architectural Narrative Primary building material will be brick to blend with materials at the existing campus. Other materials include dark bronze metal panels and wood -look metal panels at the canopies, cast stone base under windows, curtainwall / storefront glazing with dark bronze mullions and EIFS. Materials were selected to create a warm and welcoming environment for patients while respecting the existing campus. See architectural sheets for exterior elevations and material locations. Requested City Action: PUD Amendment The applicant is requesting approval to amend the current PUD for the Scott County Parcel ID Number 278010030 as part of the proposed project. The current zoning of the parcel is B2-office with a PUD overlay. This application proposes to amend the current PUD — Planned Unit Development to include this proposed project. We believe this proposed building fits well within this zoning as the site is an expansion and relocation of services provided by SFRMC. Existing Zoning: B2 — Office Overlay District: PUD Overlay Site Plan Approval The applicant is requesting site plan approval for the above -mentioned project. Plans have been included in support of the application and its consistency with the proposed Planned Unit Development Zoning classification can be summarized as follows: Page 152 of 307 110""'rlsonels Oritegioonr IIII Medic( „w dill tew 1 Building Setbacks Provided Sarazin Setback = 64 Feet. St. Francis Avenue Setback = 245 Feet. Valley View Road Setback = 175 Feet. Parking Setbacks Provided Sarazin Setback = 15 Feet (Existing Condition). St. Francis Avenue Setback = 15 Feet (Existing Condition). Valley View Road Setback =120 Feet. The proposed site layout meets or exceeds the existing building and parking setbacks for the SFRMC Campus. Building Coverage and Lot Coverage: Total Property Area=9.77 Acres Proposed Total Impervious Area=5.45 Acres (55.8%) Proposed Total Pervious Area=4.32 Acres (44.2%) Lot coverage percentages are based on the Total Property Area. The proposal meets the maximum lot coverage of 80%. Building Height: Proposed Maximum Building Height= approximately 18 foot 8 inches typical. Roof screening will be approximately 26 feet high. Existing and proposed vegetation along with screen walls will provide the necessary screening of parking, trash, loading dock, and mechanical equipment from the public views. The building materials and height meet the City Code for Articulation, Fenestration, and Material Design. Perspective images have been provided as part of this application. Landscape: The required landscape for this project is calculated using of the Chapter 151, Section 111 and 112 of the City Code. The landscape quantities are a calculation based on gross square footage of the building footprint and the amount of additional impervious area that is not part of the building. Based on these calculated areas the following landscaping is required: Required trees = 122 The applicant is proposing to protect and retain much of the existing landscape. Therefore, proposing the following landscaping as part of this project: Provided trees = 122 Trees (Existing Trees / Credits & Proposed) Lighting: A lighting and photometric plan has been submitted as part of this application. The proposed lighting is a combination of wall mounted fixtures and pole mounted fixtures which complies with the requirements of cut-off fixtures and for light cast on adjacent property and roads not exceed the maximum allowable foot candle measured at the property line. Page 153 of 307 110""'rlsonels Oritegioonr IIII Medic( „w dinner Fencing and Screening: Screening for this proposed project is an important aspect with the loading dock adjacent to the residential properties. Screening of the proposed site is summarized as follows: There will be a screen wall on the east side to hide the generator, transformer and loading dock area from Sarazin Street, that will be constructed of brick to match the building material. The trash and recycling will be screened from the east by a building fin wall, and from the south with wire mesh fencing. The existing shrubs along the northerly property line provide significant screening of the parking lot surface. A complementary landscape treatment in addition to a screen wall is being proposed along the easterly property line which provides the necessary screening of loading dock and parking lot from the residential properties. Mechanical Equipment Screening: The roof top units will be as centrally located as possible, with a corrugated metal screen wall on the east and west sides to provide screening. As the mechanical equipment layout further progresses, any mechanical equipment that cannot be located indoors will meet the requirements of the City Code. Plans will be updated to show more detail for the mechanical equipment and associated screening for City review and approval prior to issuance of building permits. Street and Access: The project is proposing three additional access points to the property. The main campus access will be from the existing campus access drive located west of the proposed facility. Additional patient and staff access will occur from one new curb cut and one existing curb cut on St. Francis Avenue. These two access points allow for safe and convenient cross traffic from the main hospital campus. Two access points are being proposed on Sarazin which are planned to be used by deliveries and potentially for a Mobile MRI Truck in the event that the facilities unit is unavailable. Parking: Review of the required parking for this project is difficult and unique as the proposed facility is being constructed next to an existing surface parking lot. While the lot in question was constructed to offset campus parking for past expansion projects it has been and continues to be significantly underutilized. Our proposal to meet the City of Shakopee parking requirements for this building includes providing new parking stalls as well as utilizing a percentage of the consistently vacant parking stalls in the existing parking lot. The goal for the Owner is to provide enough parking so this facility can operate properly while not over building parking stalls. Components of the code used to calculate this initial parking required were as follows: Medical, Dental Clinics=1 Parking Stall/225 SF Based on a proposed 43,600 SF Medical Clinic 194 parking stalls would be required. Existing Parking Occupancy Demand - Loucks performed a parking study for the existing lot in question on the dates of January 9-12tn 2023. The study involved collection of the number of cars parked in the southerly lot at two separate times of day, 9:30 am and 1:30 pm which is a representative of peak time usage. The resulting parking survey are as follows: Page 154 of 307 IIII"'rsaoln iii IICtte iii loll° o,° (neon senators( alerg nu' sle Center Date Observed Parking Area Number of Existing Spaces Number of Spaces and Percentage of Occupancy 9:30 AM 1:30 PM Stalls Occupied Percentage of Occupancy Stalls Occupied Percentage of Occupancy 1/9/2023 South Lot 333 89 27% 103 31% 1/10/2023 South Lot 333 84 25% 98 29% 1/11/2023 South Lot 333 91 27% 117 35% 1/12/2023 South Lot 333 99 30% 108 32% Total Number of Spaces during Peak Period=117 Required Number of Spaces=Parking Usage' 10% Design Factor of Safety=117`1.10=129 Parking Stalls Total Number of Excess Spaces=333-129=204 Parking Stalls Total Number of Stalls Required Per City Code=194 Parking Stalls (Assume 43,600 SF @ 1 Per 225 SF) Total Number of Stalls Last for landscape and drive aisles=81 Parking Stalls Total Number of Stalls Provided for ASC Use=109 New Stalls + 204 Excess Parking Stalls - 81 Parking Stalls Lost= 232 Parking Stalls Total Stalls Required Total ADA Stalls Hospital Outpatient 23841 106 11 Rehab 8695 39e 8 Outpatient Services 3409 15 2 Other 7657 34 2 Total Stalls Required 43602 194 22 Total Stalls Provided Per Previous Calcs 232 22 A commonly used method of calculating the number of parking stalls that should be provided is described in the publication "Parking", Eno Foundation for Transportation. This describes parking spaces provided should be 10 percent more than the number of spaces used during the peak hour usages. 10 percent represents the design factor of safety which provides excess capacity for peak surges. Based on our parking data results collected as part of our field work efforts we have determined the parking adequacy for the existing southerly parking lot is: • Total Number of Used Spaces During Peak Period=117 • Required Number of Spaces=Peak Parking Usage X 10% Design Factor of Safety=117X1.10=129 Parking Stalls • The Excess Parking=333-129=204 Parking Stalls These calculations indicate there are 204 parking stalls available to be used to meet the parking requirements for the proposed ASC Building. The proposed site plan shows removal of 81 parking stalls to meet landscape requirements and provide drive aisles with a 109 new parking stalls being constructed. Therefore, the total number of stalls available for ASC usage is 232 which exceeds the required 194. ADA Accessible Parking Stalls are also an important component of the parking needs for this project as this facility contains Hospital Outpatient and Rehabilitation Services. ADA Parking Provided significantly exceeds the standard ADA chart because of these usages. A summary of how the number of required ADA were calculated can be seen in the following table: Total Stalls Required Total ADA Stalls Hospital Outpatient 23841 106 11 Rehab 8695 39e 8 Outpatient Services 3409 15 2 Other 7657 34 2 Total Stalls Required 43602 194 22 Total Stalls Provided Per Previous Calcs 232 22 Pedestrian Connection Sidewalk connections are being proposed to the main campus drive located west of the proposed ASC Building as well as St. Francis Avenue and Sarazin Street. We believe these connection points to public sidewalks will allow for patients and staff to not only walk safely to the existing campus but be connected to the existing City sidewalk infrastructure. Page 155 of 307 110""'rlsonels Oritegioonr IIII Medic( „w dinner Drainage/Stormwater Management: A detailed Hydrology Report with supporting calculations to show that the project meets the City of Shakopee stormwater management requirements has been submitted as part of this application. The proposed project is located within a high vulnerability Drinking Water Supply Management Area (DWSMA) and also within an Emergency Response Area (ERA) which doesn't allow for infiltration of stormwater runoff. The site is classified as a restricted as it relates to stormwater management. The requirements set forth by the City of Shakopee for this project are as follows: 1. Rate Control — Match existing rates for the 2-year, 10-year, and 100-year storm event rate, as well as 100-year, 10-day snowmelt event. Maximum allowable discharge rate equal to 1/3 CFS per acre. 2. Volume Control — 1.0-inch infiltration over the new impervious surface. 3. Quality Control — If infiltration is not used, BMP's used must remove 80% of the total suspended solids. The stormwater management systems proposed meet the City of Shakopee stormwater management requirements per NPDES requirements. Utilities: A Utility Plan has been submitted for the review by the City Engineer and Public Works. Proposed utilities are being connected to previously planned stubs. Water Distribution Watermain with appropriately spaced hydrants is being extended from the existing watermain stubbed to the west side of the project area. Sanitary Sewage Sanitary service is being extended from the existing sanitary sewer service located on the westerly side of the proposed project. Requested City Action: Preliminary and Final Plat Approval The applicant is requesting review and approval to replat the existing Scott County Parcel ID Number 278010030 as part of the proposed project. Currently this parcel is platted as Outlot A. The project is proposing to plat a buildable lot called Lot 1, Block 1 of St. Francis Medical Campus 3rd Addition for the ASC Facility and an Outlot for the remainder of the existing parcel. 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From: Matt Pacyna, PE, Principal Transportation Collaborative & Consultants, LLC Date: March 1, 2023 Subject: St. Francis Ambulatory Surgery Center (ASC) Traffic Study INTRODUCTION TC2 has completed a traffic study for the proposed St. Francis Ambulatory Surgery Center (ASC) in the City of Shakopee. The subject site, shown in Figure 1, is associated with the St. Francis Regional Medical Center and generally bounded by Valley View Road to the south, Sarazin Street to the east, and St Francis Avenue to the north. The main objectives of the study are to quantify the expected trip generation for the ASC facility, identify traffic volume impacts to adjacent roadways, and recommend potential infrastructure improvements to support the proposed development, if necessary. The following information provides a summary of the study approach and findings offered for consideration. Figure 1 Subject Site u11immuuuumuu1IVu 1111 llllllf ;![d 17u, A ^e tue;„ Subject Site st Fra ,cis A venue obers Avenua 11111111111111111111 www.transportationcollaborative.com Page 165 of 307 St. Francis Ambulatory Surgery Center (ASC) Traffic Study PROPOSED DEVELOP E T March 1, 2023 Page 2 The proposed development is associated with the existing St. Francis Regional Medical Center and located in the northwest quadrant of the Valley View Road and Sarazin Street intersection. The project is a new 43,600 square foot ambulatory surgery center/clinic, which primarily includes outpatient surgery, rehabilitation, and physical therapy services. The site currently has an employee parking lot with approximately 380 parking spaces served by one (1) access along St Francis Avenue. No buildings are currently on the project site. The proposed development site plan is shown in Figure 2. A total of five (5) driveways are proposed, one (1) of which is the existing access along St Francis Avenue. One (1) driveway is proposed along the West Campus Access, while two (2) driveways are proposed along both St Francis Avenue and Sarazin Street. There are multiple loading areas for patient operations, as well as a truck area located in the southeast portion of the proposed building. Sidewalks are proposed within the site and connect with existing facilities surrounding the site. Figure 2 Proposed Site Plan Page 166 of 307 St. Francis Ambulatory Surgery Center (ASC) Traffic Study T"`IP GE Ei" TIO March 1, 2023 Page 3 A trip generation estimate for the proposed development was established using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11t`' Edition. A summary of the trip generation is provided in Table 1. The proposed development is estimated to generate 120 a.m. peak hour, 161 p.m. peak hour, and 1,640 daily vehicular trips. Note that this level of trip generation is similar to other related land use categories (i.e., 720 - Medical -Dental Office Building), but slightly higher. Therefore, the "Clinic" land use category was used to provide a more conservative assessment of traffic changes to area roadways. Table 1 Trip Generation Summary Land Use (ITE Code) Size A.M. Peak Hour P.M. Peak Hour Daily In Out In Out Ambulator Surgery Center (Clinic - 630) 43,600 SF 97 23 48 113 1,640 T AFFIC ROUTI G To illustrate the traffic volume impact to area roadways associated with the proposed development, the trips generated were routed to the adjacent roadway network as illustrated in Figure 3. The routing is based on the directional distribution shown, which was developed using a combination of existing average daily traffic (ADT) volumes, observed travel patterns, and engineering judgement. TRAFFIC OPEi"TIO S To illustrate the expected traffic volume changes on adjacent roadways and potential impacts to operations, a summary of existing and future ADT volumes on area roadways is provided in Table 2. This information includes a review of planning -level roadway capacity thresholds from the Highway Capacity Manual. For purposes of this assessment, existing area roadways were assumed to have a 2- lane roadway capacity of 8,000 vehicles per day. When comparing the future volume relative to the planning -level roadway capacity (i.e., the volume -to -capacity ratio), each roadway is expected to continue to have a significant amount of excess capacity. Thus, the change in intersection and/or roadway operations because of the proposed development is expected to be minimal and no infrastructure improvements are needed from a capacity perspective. Note that a V/C ratio of 1.0 represents a roadway at capacity, while a ratio between 0.85 and 1.0 represents a roadway approaching capacity. Table 2 Adjacent Roadway ADT Volume Summary Roadway / Location Existing Change Future Volume Roadway Capacity Future V/C Ratio Sarazin Street (north of St Francis Avenue) 2,700 -4/0 3,110 8,000 0.39 Sarazin Street (south of Valley View Road) 3,150 [330 3,480 8,000 0.44 Valley View Road (east of Marschall Road) 4,700 -[ 820 5,520 8,000 0.69 St Francis Avenue (east of Sarazin Street) 950 -+ 40 990 8,000 0.13 Mooers Avenue (east of Sarazin Street) 300 -i 40 340 4,000* 0.09 * Represents 50% of a 2-lane roadway capacity given the one-way configuration. 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The following items, also illustrated in Figure 4, are offered for consideration and/or further discussion with the project team. 1) Relocate the western driveway to approximately midway between Valley View Road and St Francis Avenue; consider modification of the median to allow full access to improve circulation 2) Remove the western driveway along St Francis Avenue to reduce potential conflicts and increase parking opportunities; removal of the corresponding driveway aisle would increase on -site parking without significant impacts to site circulation 3) Relocate the eastern access along St Francis Avenue to improve internal circulation and increase on -site parking 4) Consider additional parking opportunities as available 5) Locate signage and landscaping to avoid creating any sight distance issues; provide appropriate wayfinding signage and internal traffic controls to improve circulation within the site 6) Review loading areas and garbage procedures to ensure maneuverability to minimize or eliminate any conflicts with adjacent roadways and internal driveways CONCLUSIO S The proposed development is estimated to generate 120 a.m. peak hour, 161 p.m. peak hour, and 1,640 daily vehicular trips. Given the existing traffic volumes and excess roadway capacity, the change in intersection and/or roadway operations because of the proposed development is expected to be minimal and no infrastructure improvements are needed from a capacity perspective. However, several site plan considerations are offered to reduce conflicts and improve safety for motorists, which should be discussed further with project staff and incorporated as appropriate. Page 169 of 307 2) Remove access to reduce potential conflicts along St Francis Avenue and increase parking opportunities 1) Relocate the driveway to approximately midway between Valley View Road and St Francis Avenue; consider modification of the median to allow full -access to improve circulation 573'29'3l "N 4) Consider additional parking opportunities as available 5) Locate signage and landscaping to avoid creating any sight distance issues; provide wayfinding signage and internal traffic controls as appropriate 6) Review loading areas and garbage procedures to ensure maneuverability to minimize or eliminate any conflicts 3) Relocate the eastern access along St Francis Avenue to improve internal circulation and increase on -site parking Site Plan Considerations St. Francis Ambulatoraye &urgery Center Traffic Study Figure 4 '.•7_1!J.1 Ell L7_iiLT 1l3ulWO I I I61•g. PPLAT ISSUED \ ,.,....z .�. .2„ .�z.� \.� zNO Vi y 3 ?W1i1 t3 *a2 &_J}{0t ~ ( PROPOSED) DRAINAGE PATTERN d ® L _ f 9 \(/ )i) )}} veyor, or observed while condu to —o CITY COUNCIL OF SHAKOPEE, MINNESOTA u Tc / CITY ATTORNEY, CITY OF SHAKOPEE, MINNESOTA § ro 0 \ \0 0 SCOTT COUNTY SURVEYOR 389.09, Subd. 1, as amended, this plat has been reviewed and approved this has caused these presents to be signed by its SCOTT COUNTY AUDITOR/TREASURER is entered this ed within are paid and th ro 0 0 SCOTT COUNTY RECORDER ƒ 09 I \, / / 1 / I / / I i- F-I I / -�'- I 1% / II /1 • I I^\II II I /I II 11%/ 1Ili>` --'-I 1%/ I /I/I--lllil1'11%/Ji ii -�Ilil I %l Ji ii L , r♦!,_ti, ♦�♦-1 r ♦! V , ,,r, _J,♦J, V S-1 _J1IJ1 V ♦J N89°47'25"E 7 O a 0I 00 'a '9U 1 4I '<09 VI 3N J0 .017 3 _, 199'609J 90'609 3„Sf,LI,OS V LOTOO 3„SI',ZI,OS 09 ZZ 'a 5'll 1 $I '9! 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II rB City of Shakopee Memorandum TO: Kyle Sobota, Senior Planner FROM: Micah Heckman, Assistant City Engineer SUBJECT: Final Plat and Planned Unit Development (PUD) — St. Francis Regional Medical Center Ambulatory Surgery Center PROJECT NO.: AMEND-000115-2023 and PLAT-000116-2023 DATE: March 29, 2023 The staff review indicates a request to review Preliminary and Final Plat and PUD Amendment applications for the St. Francis Regional Medical Center Ambulatory Surgery Center. The St. Francis Regional Medical Center Ambulatory Surgery Center is located north of Valley View Road, south of St. Francis Avenue and west of Sarazin Street. This review should be considered preliminary, as more comments will follow with additional submittals. However, the Public Works Department offers the following comments at this time to the applicant and to the planning department: The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Plan review and plat review red -lined comments are attached to this memo and must be addressed and approved by the City Engineer. 2. Refer to Shakopee Public Utilities comments for watermain. 3. Pay all applicable fees/charges listed below, as required by the most current City of Shakopee Fee Schedule. • Trunk Storm Water Charge • Storm Water Management Plan Review Fees • Trunk Sanitary Sewer Charge 4. Conduct a title search to confirm other interest from utility holders in any existing/underlying easements on the property. 5. At a minimum, obtain conditional approval of the development's storm water management plan. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1CC2357-BFFA-4E9E-B1BE-A155A5810FAE\Shakopee.14221.1.Engineering.docx Page 175 of 307 6. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not limited to the following: • Dedicate perimeter drainage and utility easements. The minimum widths of drainage and utility easements are set forth in Section 10.1.A-D of the City of Shakopee Design Criteria. • Dedicate drainage and utility easement to encompass the 100-year high water level of all storm water basins. • Refer to plan review redlined comments for specific locations where additional easement is required. 7. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. 8. Approval of the final plat does not constitute approval of the submitted construction plans. The following items need to be addressed/completed prior to approval of a grading permit, a street and utility plan and/or a building permit: 9. Obtain final approval of the development's storm water management plan. 10. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of the permit must be provided to the city. 11. Grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as -built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 12. Submit a Utility Facilities Easement Agreement. The Utility Facilities Easement Agreement must include the storm ponds north of Valley View Road. The document must be recorded with Scott County. 13. The contractor must submit a Construction Management Plan to the city prior to any construction activities. 14. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans need to be certified and submitted to the engineering department. Provide a letter from the engineer of record certifying all improvements were constructed per approved plans and under the direct supervision of the engineer of record. Recommendation Should the City recommend approval of this request, the Public Works and Engineering Departments suggest the items listed above be attached as conditions of the approval. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1CC2357-BFFA-4E9E-B1BE-A155A5810FAE\Shakopee.14221.1.Engineering.docx Page 176 of 307 RESOLUTION R2023-046 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT SOUTH VALLEY HEALTH CAMPUS WHEREAS, Jonathan Donavan, applicant and Saint Francis Regional Medical Center, property owner, has made application for an amendment to the Planned Unit Development for South Valley Health Campus; and WHEREAS, the property upon which the request is being made is legally described as: Outlot A, St. Francis Medical Campus, Scott County, Minnesota; WHEREAS, on November 15, 1994, the City Council of the City of Shakopee did approve Resolution No. 4120, approving the Preliminary and Final Development Plans for the South Valley Health Campus; and WHEREAS, the Planning Commission of the City of Shakopee did review the amendment to the Planned Unit Development on November 5, 2015; and WHEREAS, all required public notices regarding the public hearing for the Planned Unit Development Amendment were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council of the City of Shakopee did review the amendment to the Planned Unit Development on November 17, 2015; and WHEREAS, the Planning Commission of the City of Shakopee did review a minor PUD amendment on May 7, 2020; and WHEREAS, the City Council of the Shakopee of Shakopee did review and adopted the following findings relating to the proposed amendment on April 18, 2023; and Criteria No. 1: Whether the proposed development is consistent in all respects with the comprehensive plan and with this section. Finding No.1: The use of the property is in compliance with the approved comprehensive plan, which guides this property for Mixed Employment Center uses. Page 177 of 307 Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding No. 2: The proposed amendment is for an outpatient surgery center. The proposed new building is compatible with the surrounding land uses and the building design is complementary to the existing Saint Francis campus. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: The applicant is proposing minor revisions to the existing circulation on the site. Additional landscaping and parking will be required as part of this request. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: The South Valley Medical Campus PUD has already been approved by the City Council. The proposed amendment is for a new building that was not noted in previously approved plans. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The proposed addition is similar in architectural style to the existing buildings on the campus and is compatible with the surrounding land uses. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding No. 6: The proposed addition allows for additional services at the existing hospital campus. There is a definite public benefit to having a regional medical center in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Planned Unit Development for South Valley Health Campus is hereby amended to allow the construction of the Ambulatory Surgery Center, subject to the following conditions: 1. This proposed amendment does not replace or supersede any of the previous PUD resolutions or requirements. 2. The applicant must comply with the Engineering Department Memo dated March 29, 2023. 3. The applicant must revise plans to address the comments by the Engineering and Planning Department and provide a comment response memo. Page 178 of 307 4. The applicant must remove the proposed western access to Saint Francis Avenue. 5. The applicant must revise the landscaping plan, specifically addressing the following: a. The addition of a second tree to double landscape islands. Existing landscape islands with a tree in the center of the island are not required to have an additional tree due to space requirements. b. The addition of boulevard trees along Sarazin Street adjacent to this site in 40' spacing intervals to comply with City Code. c. Evergreen trees must be placed south of the loading dock area to screen the loading dock from Valley View Road. d. The planting schedule must be revised to meet the diversity requirements in City Code. e. The planting detail must be revised to address the maximum soil compaction standards. f. Financial security is required for plantings, consistent with City Code. 6. The proposed lighting plan must be adjusted to meet City Code requirements of no more than 1.0 foot-candles at the property line. 7. The applicant must submit a plan for review by the Planning Department that adds additional horizontal design features to the building facades and screening wall to meet City Code. 8. Design of the proposed entrance monument and two directional signs must be generally consistent in construction materials, size / height, and signage area with the other existing entrance monument and directional signs on the medical center campus. 9. Wall signage on the building must meet City Code requirements for the B-2 zone. 10. The final plat of St. Francis Medical Campus 3rd Addition must be recorded prior to the issuance of a building permit. Adopted by the City Council of the City of Shakopee, Minnesota, held on the 18th day of April, 2023. ATTEST: Michael Kerski, Director of Planning and Development Mayor of Shakopee PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 179 of 307 RESOLUTION R2023-047 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIMINARY AND FINAL PLAT OF ST. FRANCIS MEDICAL CAMPUS 3RD ADDITION WHEREAS, Jonathan Donavan (applicant) and St Francis Regional Medical Center (property owner), have made application for the Preliminary and Final Plat of St. Francis Medical Campus 3rd Addition; and WHEREAS, the property is legally described as: Outlot A, St. Francis Medical Campus, Scott County, Minnesota; and WHEREAS, notice was provided and on April 6, 2023 the Planning Commission held a public hearing regarding the Preliminary and Final Plat of St. Francis Medical Campus 3rd Addition, at which time it heard from City Planning staff and invited members of the public to comment; and WHEREAS, the City Council reviewed the Preliminary and Final Plat of St. Francis Medical Campus 3rd Addition on April 18, 2023; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the Preliminary and Final Plat of St. Francis Medical Campus 3rd Addition is hereby approved subject to the following conditions: I) The following procedural actions must be addressed/completed prior to the release of the recording of a Final Plat: A. Comply with the Engineering Department memorandum dated March 29, 2023. B. Comply with all Shakopee Public Utilities requirements and provide payment of the applicable fees. C. The Park Dedication Fee is due in the amount of the current City of Shakopee fee schedule at the time of recording. Page 180 of 307 D. Easements must be dedicated consistent with the City Engineering Department recommendation. E. The applicant must provide drainage and utility easements to encompass the 100-year HWL for all stormwater basins, wetlands, and EOF outlet paths. IL Following approval and recording of the final plat, the following conditions shall apply: A. Additional curbed landscape islands and trees are required in parking areas at 1 island per 10 parking spaces to comply with City Code. B. Tree protection fencing is required at the dripline of existing trees to be saved prior to any excavation or construction on the site. C. The proposed western access to St Francis Avenue must be removed. D. Development of the site must comply with Resolution R2023-046, the proposed PUD Amendment to South Valley Health Campus PUD. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 18th day of April 2023. Attest: City Clerk Mayor Page 181 of 307 9.A.2. Shakopee City Council April 18, 2023 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members Subject: Text Amendment Pertaining to Requests for Reasonable Accommodations Policy/Action Requested: Adopt Ordinance 02023-007, approving the Text Amendment regarding Reasonable Accommodations Per the Fair Housing Act. Recommendation: The Planning Commission reviewed this application on April 6, 2023, and unanimously (6- 0) recommended approval of this request. Discussion: City staff is requesting that the City Council approve the attached draft ordinance amending City Code 151.007, General Regulations, and City Code 151.010, Board of Adjustment and Appeals, by updating the ordinance to include language regarding reasonable accommodations per the Fair Housing Act. The City has received a number of requests from qualified persons with disabilities seeking fair and equal access to housing, seeking to eliminate barriers to housing opportunities. Staff have reviewed the proposed language with our legal staff and other communities, and have crafted a purpose, definitions, findings, and an application process that qualified individuals or organizations may explore. The implications and effects of the new and amended sections is relatively minor in nature and generally does not change how the city has already been managing developments based on current controls, best management practices and other industry standards. Attached to this report is a draft of the Reasonable Accommodation Request form that would be completed and submitted to staff for our review & approval, should this text amendment be approved. Page 182 of 307 Budget Impact: N/A ATTACHMENTS: Ordinance 02023-007 o Reasonable Accommodation Request form Page 183 of 307 ORDINANCE 02023-007 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTIONS 151.007 (GENERAL REGULATIONS) AND 151.010 (BOARD OF ADJUSTMENTS AND APPEALS) OF THE SHAKOPEE CITY CODE BY ADDING PROVISIONS PERTAINING TO REQUESTS FOR REASONABLE ACCOMMODATIONS PER THE FAIR HOUSING ACT WHEREAS, the City has proposed an amendment to the City Code by adding Sections 151.007 (M), Reasonable Accommodations and 151.010 (A) (7); and WHEREAS, notices were duly posted, and a public hearing was held before the Planning Commission on April 6, 2023, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission has recommended to the City Council that the proposed text amendments be adopted; and WHEREAS, the City Council heard the matter at its meeting on April 18, 2023; and WHEREAS, the language of City Code Sections 151.007 and 151.010 are hereby amended; and The City Council of Shakopee, Minnesota ordains that Chapter 151 of the Shakopee City Code is amended by adding the following underlined language: 151.007 General Regulations M. Reasonable Accommodations 1. Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. 2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates otherwise or requires a different meaning. Page 184 of 307 ACCOMMODATION SPECIALIST: City staff appointed by the City Administrator or their designee to coordinate and administer the reasonable accommodation process outlined in Shakopee City Code Section 151 (M). DISABILITY: Those disabilities which are recognized under applicable federal law. REASONABLE ACCOMMODATION: Process by which the city may provide a qualified person flexibility in the application of land use, zoning, or other regulations. QUALIFIED PERSON: Any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. 3. Initiation of Reasonable Accommodation Request. Any qualified person who requests a reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city's Accommodation Specialist. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. Notice of such reasonable accommodation request shall be mailed within 15 days of receipt of a complete reasonable accommodation request application to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the reasonable accommodation request relates. For the purpose of giving mailed notice, the Accommodation Specialist may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Accommodation Specialist and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this notice requirement has been made. Any person providing comments regarding the reasonable accommodation request must provide such comments to the Accommodation Specialist within 14 days of the date of the notice. 4. Accommodation Specialist: Required Findings. The Accommodation Specialist, in consultation with other appropriate city staff, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: Page 185 of 307 a. Special need created by the disability; b. Potential benefit that can be accomplished by the requested accommodation; c. Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; d. Physical attributes of and any proposed changes to the subject property and structures; e. Potential impact on surrounding uses; f. Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the city, and/or nature of the area in which the accommodation is being requested; g. Whether the requested accommodation would impose an undue financial or administrative burden on the city; h. Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and i. Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. 5. Notice of Decision. The written decision of the Accommodation Specialist shall be mailed to the applicant of this section within five business days of such decision being made. Any person providing comments pursuant to paragraph (C) will receive a notification via written or electronic means that a decision has been made and such notification shall include instructions on how to obtain a copy of the decision. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to this Section 151.007 (M). The decision of the Accommodation Specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in this Section 151 (M). Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. 6. Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon Page 186 of 307 such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city's approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable accommodation license hereunder shall, on or before January 1st of each year, provide the city with an updated affirmation that the reasonable accommodation is still necessary. In the event that the Accommodation Specialist has reasonable cause to believe that the factors supporting the original approval of a reasonable accommodation have changed, the Accommodation Specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the Accommodation Specialist shall result in automatic termination of the reasonable accommodation upon written notice by the Accommodation Specialist. 7. Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. 8. Appeals. Any decision reached by the Accommodation Specialist pursuant to this Section 151 (M) shall be subject to appeal to the Board of Adjustment and Appeals by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Administrator or their designee shall present such appeal to the Board of Adjustment and Appeals for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under this Section 151 (M) — notice to persons who made comments in accordance with paragraph (C) shall be provided notice of the appeal via written or electronic means, at the discretion of the Accommodation Specialist. Following a hearing on such appeal, the Board of Adjustment and Appeals shall issue its findings, in writing, within 30 days. 9. Fees. Fees for applications under Sections 151 (M) and 151.010 (A) (7) may be set by City Council resolution. 151.010 Board of Adjustment and Appeals A. Powers and duties. 7. To hear and decide appeals of requests for a reasonoable accommodation related to accommodations of the zoning code. WHEREAS, it is ordained that the proposed ordinance amendment adding Sections 151.007 (M) and 151.010 (A) (7) is hereby approved. Page 187 of 307 Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 18th day of April, 2023. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk Published in the Shakopee Valley News on the day of , 2023. Page 188 of 307 INNOVATING. ENTERTAINING. THRIVING. City of Shakopee 1485 Gorman St. Shakopee, MN 55379 952-23 3-9300 I www.ShakopeeMN,gov Application Number Reasonable Accommodation Request Application Name (Last, First) The above named individual, firm, or corporation hereby respectfully submits the following supplemental data in support of the preliminary information provided on the accompanying zoning application summary form dated for the purpose of securing an accommodation from existing land use zoning controls, official controls or regulations. Daytime Phone Other Phone Contact Name (Last, First) Daytime Phone Email Address Mailing Address City State Zip Property Address City State Zip Owner (if other than applicant) Specify the section of the ordinance, official control or regulation from which a reasonable accommodation is sought: Describe the request for reasonable accommodations. Attach additional sheet(s) as necessary. Explain why the application of the referenced land use zoning controls, official controls or regulations act as a barrier to fair housing opportunities due to the disability of existing or proposed residents. (This must include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws.) Attach additional sheet(s) as necessary. Describe any proposed changes that will be made to the subject property and structures if the request is approved. Attach additional sheet(s) as necessary. Check all additional supporting documents which are being submitted to help explain this project proposal. Site Plan D Topographic Map ID Other (specify) Page 1 of 2 Page 189 of 307 Reasonable Accommodation Request (continued) I hereby certify with my signature that all data on my applications forms, plans, and specifications are true and correct to the best of my knowledge. X Applicant's Signature Date Order Granting or Denying a Reasonable Accommodation (For Office Use Only) In accordance with the findings stated on the reverse side of this document, the City of Shakopee hereby approves denies the foregoing application for a reasonable accommodation. If approved, said approval is subject to the general and special conditions following the Findings section on page 2. Authorized Signature Title Date Reasonable Accommodation Findings Strict application of the provisions of the land zoning controls, official controls or regulations would would not present a barrier to compliance with the Federal Fair Housing Amendments Act of 1988 because of the finding of facts made in the City's accommodation specialist's attached written decision. If approved, any reasonable accommodation is further subject to the specific conditions that might be outlined in said written decision. For conditions of the reasonable accommodation, see the attached. Page 2 of 2 04.03.23 Page 190 of 307 9.A.3. Shakopee City Council April 18, 2023 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members Subject: Rezoning and Preliminary Plat of Highview Park Policy/Action Requested: (Two separate actions/votes): 1. Adopt Ordinance 02023-006, approving the rezoning to Urban Residential (R-1B) and Medium Density (R-2) Zones. 2). Adopt Resolution R2023-043, approving the Preliminary Plat of Highview Park. Recommendation: The Planning Commission reviewed this application on April 6, 2023, and by a unanimous (6-0) vote, recommended that the City Council approve the requested action. Discussion: D.R. Horton Inc. - Minnesota, applicant, and William & Jean Luers, LaTour Farms LP, David Brown, and Harriet Plekkenpol, property owners, have applied for a rezoning and preliminary plat of property located south of County State Aid Highway 78 and East & West of Zumbro Avenue as identified in the attached legal descriptions and concept plan. The property consists of approx. 237 acres and was recently annexed from Jackson Township. Their concept plan shows 601 units consisting of a mix of single family and twin homes. This property is presently zoned Agricultural Preservation (AG) Zone. The request is to rezone the northwestern portion (which consists of the twin homes) to R-2, Medium Density Zone, with the balance to be rezoned to R-1 B, Urban Residential Zone. This property is guided Suburban Residential (3-6 dwelling units per acre) and Suburban Edge Residential (0.01 — 3 dwelling units per acre), which is consistent with their proposed concept plan. The developer would propose homes compliant with the design and Page 191 of 307 performance standards for those zoning districts. The applicant has commented that they would like to begin phasing development of this property, starting with the northermost area and building out to the southerly line over the next several years. They have been actively developing the property to the north of this area, and with continued strong sales of those homes, they are ready to look at this area for a logical expansion of the existing utilities and roadways. City, County, and SPU staff have spent considerable time discussing details of this project with the applicant, their consultant, and Jackson Township representatives. As part of this project, if approved, the developer will be providing a significant amount of park dedication fees that the city will utilize to create improvements to the Township's Jackson Park (located at the southwest corner of C SAH 78 & CSAH 15/Marystown Road). Design of the park improvements will be a joint effort between the city, developer and Jackson Township. Additionally, city staff is in discussion with county staff, the applicant and Jackson Township on design options for a pedestrian crossing of C SAH 78 at Zumbro Avenue with a final design to be developed as part of the Final Plat should this application be approved. Considerations The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists: 1. The original zoning ordinance is in error. 2. Significant changes in goals in community goals and policies have taken place. 3. Significant changes in city-wide or neighborhood development patterns have occurred. 4. The comprehensive plan requires another provision. Staff believes revising the zoning for this property meets more than one of the criteria. With the recent annexation, the property was zoned AG as their development plan was not yet finalized. Now that they have a plan in place, they are looking to rezone the property consistent with the city's Comp Plan. Budget Impact: N/A ATTACHMENTS: o Ordinance 02023-006 • Resolution R2023-043 • Legal Description • Site Aerial o Comprehensive Plan Guiding Page 192 of 307 o Zoning Districts Legal Descriptions o Zoning Districts Map o Concept Plan with Proposed Zoning • Illustrative Plan • Applicant Narrative • Preliminary Plat • Landscape Plans • Engineering Memo • SPU comments Page 193 of 307 ORDINANCE 02023-006 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY REZONING PROPERTY SOUTH OF COUNTY STATE AID HIGHWAY 78 AND EAST & WEST OF ZUMBRO AVENUE FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R-1B) ZONE AND MEDIUM DENSITY (R-2) ZONE WHEREAS, D.R. Horton Inc. - Minnesota, applicant, and William & Jean Luers, LaTour Farms LP, David Brown, and Harriet Plekkenpol, property owners, have applied to rezone property located south of County State Aid Highway 78 and East & West of Zumbro Avenue from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) and Medium Density Residential (R-2) Zones; and WHEREAS, the properties are legally described as: See attached Legal Descriptions; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on April 6, 2023, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission has recommended to the City Council that the subject property be rezoned as stated; and WHEREAS, the City Council heard the matter at its meeting on April 18, 2023; and NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above -named request: Finding #1 Finding #2 Finding #3 Finding #4 The original zoning ordinance is in error. The property was recently annexed into the City of Shakopee with AG zoning established by default. The applicant has proposed a development with zoning that is consistent with the adopted Comprehensive Plan. Significant changes in community goals and policies that concern this property have taken place. The applicant is proposing a development consistent with the community goals and policies outlined in the adopted Comprehensive Plan. Significant changes in city-wide or neighborhood development patterns have occurred. The developer's intent is to construct a single-family and townhome residential subdivision utilizing the same/similar zoning/guiding as adjacent subdivisions. The Comprehensive Plan requires a different provision. The 2040 Comprehensive Plan was recently approved. Nqz,rg4amgee the plan are required. BE IT FURTHER ORDAINED, that the request to rezone the property as stated in this ordinance is hereby approved subject to the following conditions: 1. The zoning districts shall be consistent with the submitted legal descriptions and zoning district map. 2. The proposed development shall be platted consistent with the design and performance standards of the zoning districts approved by this Ordinance. 3. Landscaping (including open space and trail construction) shall be provided consistent with City Code requirements and as shown on the submitted landscape plan. 4. Submittal and approval of a Preliminary Plat shall occur prior to any site grading activities. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 18th day of April, 2023. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk Published in the Shakopee Valley News on the day of , 2023. Page 195 of 307 RESOLUTION R2023-043 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT OF HIGHVIEW PARK WHEREAS, D.R. Horton Inc. - Minnesota, applicant, and William & Jean Luers, LaTour Farms LP, David Brown, and Harriet Plekkenpol, property owners, have made application for Preliminary Plat of HIGHVIEW PARK; and WHEREAS, the property is legally described as: See attached legal description; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on April 6, 2023, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission has recommended to the City Council that the Preliminary Plat be adopted as conditioned by this Resolution; and WHEREAS, the City Council reviewed the Preliminary Plat on April 18, 2023; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the Preliminary Plat of HIGHVIEW PARK is hereby approved subject to the following conditions: I) The following procedural actions must be addressed prior to the review and release of the recording of a Final Plat: A. Approval of title by the City Attorney. B. Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid prior to the recording of the Final Plat. C. Tree removal and new landscaping shall occur consistent with City Code Sections 151.112 (Landscape Requirements) and 151.113 (Tree Preservation Requirements). D. Site development shall comply with the conditions noted in the City Engineering memo dated March 20, 2023 (including compliance with red -lined comments). E. Site development shall comply with the conditions noted in the SPU red -lined comments (attached to report) and with their standard terms and conditions. F. Construction and development of lots shall comply with the design and performance standards of City Code Section 151.034 (Urban Residential Zone), Section 151.036 (Medium Density Residential Zone), and 151.108 (Construction Materials). G. Fire hydrants shall be placed in accordance with local requirements and the Minnesota State Fire Code. 1 of 2 Page 196 of 307 Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 18th day of April, 2023. Attest: Lori Hensen, City Clerk Mayor of the City of Shakopee 2 of 2 Page 197 of 307 Rezoning/Plat Existing Legal Description: The North Sixty (60) Acres of the East Half of the Northwest Quarter (E1/2 of NW1/4), Section Twenty-three Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota. TOGETHER WITH The North 11 acres of the South 20 acres of the E 1/2 of the NW 1/4 of Section 23, Township 115, Range 23, Scott County, Minnesota. TOGETHER WITH The South 9 acres of the East half of Northwest Quarter and the North 6o acres of the East Half of Southwest Quarter, all in Section 23, Township 115, Range 23, Scott County, Minnesota. TOGETHER WITH The North 20 acres of the South 35 acres of the Southwest Quarter of the Northeast Quarter (SW1/4 of NE1/4) of Section Twenty-three (23), Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota, EXCEPT that part described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 115, Range 23, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter; thence North o1 degrees 18 minutes 21 seconds East, assumed bearing along the west line of said Southwest Quarter of the Northeast Quarter, a distance of 1144.39 feet to the point of beginning; thence continuing North o1 degrees 18 minutes 21 seconds East, along said west line a distance of 18.06 feet to the north line of the South 35 acres of said Southwest Quarter of the Northeast Quarter; thence North 88 degrees 55 minutes 19 seconds East, along said north line a distance of 903.53 feet to the south line of the North 45 acres of the West Half of said Northeast Quarter; thence South 87 degrees 46 minutes 43 seconds West, along said south line a distance of 904.46 feet to the point of beginning. AND The South 15 acres of the Southwest Quarter of the Northeast Quarter, Section 23, Township 115, Range 23, Scott County, Minnesota. AND North Half of Southeast Quarter (N1/2 of SE1/4), Section Twenty-three (23), Township One Hundred Fifteen Range Twenty-three (23), Scott County, Minnesota. Excepting: (1) The North 121 feet of the East 36o feet of the North Half of the Southeast Quarter of Section 23, Township 115, Range 23, Scott County, Minnesota. westwoodpy.com (888) 937- Il 0 Page 198 of 307 Excepting: (2) The South 571.58 feet of the West 571.58 feet of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE1/4), Section Twenty-three (23), Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota. Excepting: (3) The South 660.2o feet of the East 660.2o feet of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 23, Township 115, Range 23, Scott County, Minnesota. westwoodpy.com (888) 937- SIl Say Page 199 of 307 Y NVNNN".1Nh1VlM d� 1 tl,l WN 1I, IA11 umua 11 INS,�Y11JWIINII Ti!w"taTArtXb:tl dhlel Mar ar Y i1 NN6iIUIIIlIm1, III Iullin 10 IW1u1 N+ 101 1 p m m111 ),, 11 I UIIIIUUUgIIII'mtiw„111,iluu IIIII 1111 IIVu Ili ly0 ll owdU "mII�IINIu 011i,'III N,'a, III IIIUIIIIII911 llo °gI11 IIII 11 ""'� m'Y IIII iV I I NIWI r mnl 1100 011x,mM1 uuuVwlulN �, 1011III a Iiluuu 111111 V 'I"pyJll io b'I „Ilquum �N Y� Illllmlllll 11' 11111111iui, 011 119m1, �111 1 ouulll� I�ItlMM" ' ��1111111101010041110111 oo°II ° 11 uduuuuu NWNNY 4WW tNWN%tl 101 r�arca 17� nIuiI1w^Iw11ldu 11wII1lxIIIIimWIIc 1IIuIImd 17 NE pp I1iYIYiuIltlu„pi9I�1m1 1u11W 11 uI°1VI1I00010 ouuI 10 I�1,1'I 1�1 u,IIIN 1uuVVwIIII IIIM1niM1 1yYiIII IN1uuu 11111 11,1,1 11t 1III��I' � I lu wYI 1011 lWlii''u11�11I""11i110100011101001011111 p1111MN11iMl111111M1p11M1111 1,110 1tlouuuuuuuuV,IIYI0111iu,p°i, luumuuuuu uM11111 111111WV1No luIuM1111V1uuVIuIu 11,1I1M1mIIIIIIl11 rINI 01 W0001010011111111,0 (;IINI( 11111I,111 ommu lull gfJlIIIIV 11111i 'I 1IIII11I dIIIu'llPplp4 IINI Illylll� II moV11 1'1 �1111^ 011111„110 W I 1II,o 011�� 111 Iuuul,Im^° 1, 1 11 1 1 1°IIII II I 1 1 u , e a uII I I I I I I a A II I I II Iu 1I , M � � ° Y Y 1 h1 II,raM uVu 1 pu I II M 1 1 1i1 'IVi p' � '' 1001110111100110 I II 1�II II1 PI1 I1II� 1111111111 , 1,h11, , Iim ° u 1 1 1 1 1 11 1 , , ,IM� , I * I 1 1 ,U � 11 I ^1 ui ' "� I° I ium1 1 1 1a11 1* 1 1 1 11111111q" I1101I11:m l 1 IIIIIIN�WM 11111 I11111111VuuulVum 1 1 j1IIII III1III„ „IIIII u1I1 II'111110 11uuu, iiiiiIIuIlllll ^1'1'11111 11� i N l� I I I I I 0010100,11100 001 �NNI II Iu11I1111111 1u1 p1qqfl' 1u1V N W 1II1I 11111 IIIII Nlou01111uuI111111100000000001 111��1Iu1111: II1IVII' ' 1 11111 0000IIIII II 011000101'II 11111 0101010,00110 IIIIllllu "I11 1ill86 w um„1NIIIh1uIIIl1IINNNiiiIIIII III,1 000110111111101000111 I d " u u u u u il II u I �I jI I h m I i 1 i l 1 Il Il 1 l l' W lI III II II II II I' 1 I i l�i 1111 VI 1111 111111111111 IIIIIIIIIIIillii0iuu,mumullu IIIIVIIIlllll1IIlll 1"II:°u11UIN10WuumN00 111111111 W1ld1l hn ' i'H 1 '1 ' I iu Iy I, w I puI p � II )mIi I Iu 1 U1I1 u uuuuuuuuum Il 'u�uMl�uuI�i �p1hla„�h m�I�l1 vI1p1�1vIM h,I 11VIHh1 �1 wp �p11 G1 0�l 1m 1I A N10 I II�NN IIw,Iptjj ln' I III � I p I 1 II � 1 l IN IVI'I� I III II I �19 VII� dl11'u7miil I (II I II II I,I I11I, I 1a II I1I u I1Il 1Iu I1I 1I I1 I I„q I�, Iu I I I l Il I I ll IIIl I II II lIIIUI IN ll"� IIIuIuWII'IlNYIulIlI, % IiIIm �Nl,Iuu I iuI ImIuI I'1IIgNIa o6' „ 'll ) 9p' 6uuuimull,l1 III�!i!$ IIII IIVIIINIuIIIII 'I 001111 IoI,1I1u1I V I1u" 11 1i q 4I I11u Im1 I u I1 l" u11WII4 l"II u 11' V1m V1 pI VIId, II Il�iIu�lI1lII IV,1 i 1,11 llllllllllllu 11 11 ��1 loom 100W '�1B 111 �NVIi1II u IIII IIuullpIIIIIIIIII 1uNIIIIIm�m111I�Nm Ira 1 , 1"1 � u I I I' V I m I I O I 1 pI„ 1I 1 N I 1 � 1� I I � 1 � 1 1 1 1 1 1 u I I m u l u u m u l' ' „11111^'�"uWNumIIIu 11110 mlllIlIull u 1 ^ I W Y 111000011 uur I,Imliiii�ll V 1pppp1111111I''iliiiliiiiii11111n 1, 1 � � . � � 1111 Plniluuulol110uu1,,1u1111:1111h11IIIIIIIIIII 00111� h Irr111N I^ly IIIIIIp gVu1111111111111n'h Elul pui IIIIII�NNN IIIIIIIIIIIIIIIIIII ,1111111,11,1 ,I II ouuu1111 �UI,.I IraIII C IIIIIII „0^IIII„ u ° u uulilll,uu9,11'u1' 11Nu11fl 1^a1II I'IM�i11101101uiliil ,1,000100111 'W Im I '' o1101 11111111111I11 111111111111111111111111111111111111 11III'IIilu111111j1I1;111I11 IIIII"u ll ra � I I � � a 1 1 I I 1 1 V . 1 . i . . _ u a 1'1111001010111111 1 uIIm1N0l,,ul11111 IINIII1010111111111101 I 1i°NiI;1UWl1111 WA�1 111 °;iVVI1u�NY" 1uu11N 100 gmnian111 1 I I 11,1Il1IIIUAyW 11ilil 001 111 m ir1Y 111111 I VNW1111 11M1 lllu �1, uuu 11 u�Illmh �I IIIII NIA � rwy1�' II II h „11, IIIImq , uuuuuuuuuuuulV I1 N11111°'°,,I,,,Im'11 11 1111111 1 IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIII (IIII 00,1 Imlll I, II )1 I11,11'uu,IluV9NV1111111 ",VuHN 10, 1110I1111111 ICI NN N 1111111111 °Yull�l 01 1 ail Iv 1" INI IIIUIIIIIU V III 1001111�11N II'ill'ulll 0 01,0111111 I uu1,h1,I �1 .00000 1V Ileum °IIII°'1,1 IVIVIIIII 11111111VIII,w uuuuNl11l1l00lll I I I` ; 00 IN�I I1l 0 6'l lIl ll li 1h;1 lJa��1III��Ibuhu�, IIII1tiiIll!0,0 l i�IIIwNh 0 I " 1 ' 1 1 N � I � 1 111111111 1,1 u 11III 11111111, I I ' W 0,010 II I 1:111V111 11 haIIIIIW 111 � l IMN,WNup V�'N 1'11°I,I0 1,l1 E 11„ 1111m 11lil 1NIhluxu,1°1111 lilipgllp IIIIIIIIIII 11i 011 1111111111111111111111111 II�ll0 11 11 uuull 11 r I0010"'PII�III11IllumllY 1,1, 10'4," 11,1 i,i111111, 1 ' 001 0. p41 I1 uY it .00 mm wl 1�� MI VI 0 ub bpYYll'IlibbA4 III'YIIV N4��(ll1 11011 Up II IIWI i 1111/11/!1 061 YYd�6YYIYYY ! i Ir )1 I\t�oo 111,110V 01111 II°r1uMm ,u6f� 1111111111111 110410 1111111111111111, EXISTING PROPERTY DESCRIPTION: The North Sixty (6o) Acres of the East Half of the Northwest Quarter (Ei/2 of NW1/4) of Section Twenty-three (23), Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota. (Certificate No. 4718i) Area: 2,613,600 Sq.Ft. or 60.00 Acres DESCRIPTION (R-2 ZOINING): That part of the North Sixty (60) Acres of the East Half of the Northwest Quarter (E1/2 of NW1/4) of Section Twenty-three (23), Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota, lying northerly of the following described line: Commencing at the northeast corner of said East Half of the Northwest Quarter; thence South o1 degree 18 minutes 21 seconds West, assumed bearing along the east line of said East Half of the Northwest Quarter, a distance of 1033.06 feet to the point of beginning of the line to be described; thence North 77 degrees 58 minutes 04 seconds West, a distance of 1347.28 feet to the west line of said East Half of the Northwest Quarter and said line there terminating. Area: 1,165,065 Sq.Ft. or 26.75 Acres DESCRIPTION (Ri-B ZOINING): That part of the North Sixty (6o) Acres of the East Half of the Northwest Quarter (E1/2 of NW1/4) of Section Twenty-three (23), Township One Hundred Fifteen (115), Range Twenty-three (23), Scott County, Minnesota, lying southerly of the following described line: Commencing at the northeast corner of said East Half of the Northwest Quarter; thence South o1 degree 18 minutes 21 seconds West, assumed bearing along the east line of said East Half of the Northwest Quarter, a distance of 1033.06 feet to the point of beginning of the line to be described; thence North 77 degrees 58 minutes 04 seconds West, a distance of 1347.28 feet to the west line of said East Half of the Northwest Quarter and said line there terminating. Area: 1,448,535 Sq.Ft. or 33.25 Acres Page 202 of 307 westwoodpy.com (888) 937- Il O © 2023 Westwood Professional Services, Inc. N:\0033370.00\DWG\SURVEY\0033370SKF04.DWG S01 °20'56"W 1974.18 588°56'06"W 1324.32 P.O.C. NECOROFTHEE1/2OF NORTH LINE OF THE E 1/2 THE NW 1/4 OF SEC. 23 OF THE NW 1/4 OF SEC. 23 R-2 ZONING - WEST LINE OF THE E 1/2 OF 7 THE NW 1/4 OF SEC. 23 (2 n v �\ C(� ✓y PID: 069230080 P.O.B. C r(J Crir_ J X\ \ <\ EAST LINE OF THE E 1/2 OF—' H 1J THE NW 1/4 OF SEC. 23 O v i ko J N R1-B ZONING SOUTH LINE OF THE N. 60 ACRES OF THE E 1/2 OF THE NW 1/4 OF SEC. 23 N88°56'06"E 1325.81 n v 1 ' n 1Al *.......°0•,............ N�j°58 �4 0h /,`IN �� <�-347,28 k <, .,.,:...\; (:LATOUR FARMS LP O A 250' X 500' 1 HIGHVIEW PARK SHAKOPEE, MINNESOTA Westwood Phone (320) 253-9495 1900 Medical Arts Ave S, Suite 100 Fax (320) 358-2001 Sartell, MN 56377 Toll Free (800) 270-9495 westwoodps.com Westwood Professional Services, Inc. Page 203 of 307 1 EXHIBIT SHEET NUMBER: 1 OF 1 DATE: 02/03/2023 HIGHVIEW PARK PROJECT NUMBER: 0033370.00 lliu N"i I1i1iu1iiu,1„1„ 11,111li1l (IIIIIII I , 'N uu 11,4,y14uN d1�IIIN M IW 'W "V 1119IIIIII� dl IN'M 111° ^iV I^V """""I1I ��III IIIIIIIIIIIIIIIIIIVI Iu l IIIII II'� IIIVIo11 "u ICI (,IIII liu Mill Illu �u� I14111 � VIIIIIIII 111111 oil' luwI VI lIIAVIV�iYw�IyIIIIVII�IIIIIilliiilll �rylllll 11 I�illll,,,,� I awl II '°I' wo V umwl ,mly diP�oI w uu�I'1 III 411,11 N pllv�l'�I��ill'uNIId � OFF ��InWr II 01 innu u1111 II j1 IllplylYliiilt i�l i1 Ili „uml'Iuu1lolMlll °IMIu IM IV111r I11I1111,,44111111111111111111111111111111111111111410141) II IIIII '����� 'vrrIllrr IIIII IIIII III II IIII IIIII IIIIIII �' �� d II IIIIIII „r IIIVIw �wy�� Illllluulli°°°uillPl wl 6LMAd'"', li"°IIIIoN� °I IIIIIII II , u1h '^Yr 1flIi 1111, w ullfil� III " Mr 114D l' II�Ip1111, 11 I1I 11 mylll ohoI.,01.1l11 'e19 ���I'u^I "vuuolVwl N onuni rll , � �IIVI�IV�V'�IIIIIIIIIIII oml��/�� � ylm�u u1�m1111 mmIIlMlllll V 1 p uu uuuuuuuiu441 IIII IIIIIII111'I ,,, rIIIIlvmuoumyuVuVIIII uuuumm uulliwd�Vll 11IIIIIVuuuuluuum II I����4 / Ilcill1111111!)11,11V11 111 I1lulm ����� �, Ilu II q'1lwllllll�j� jI1I I�` u111 rl�ill I I u m N IIII dill � ' � 1 1°� l/ ' l%% J/%nip N i � d m1111111111111�1V1111fl Iw Md b �II �i/aa/ iVlll�llll111I�IV wuuu irk /i /ii l Wui rtl Ildl IIIkir NY1d GOO. mI^wllll^��"'I'I 1',4; 11II 1r�1lni,l!1" 'r �1C11 Ilu44 llllll 9111, llillllli�l" IIIVIm,1111 ll wu 11N'N IIII, 44'0411114,�IIIIIIII I �I�VIVI V Iu111111 hhh 4,4 uu wll11111i�,U I4 A�m 1� u�l l�lli'Vh "luu Mryl VF 4,14 II I 4440 1 ual� III INN MNlllq VV III rm �I mp I�u IIII ImlV uli� IIII IIII�II IIIII ,406 ullu'S"nV Il q r v a,1111 II ^^" VIIIII Vmm11111 Il 111 llm uulllllllllllll II VIIIw11 rl11IIII11 ^ IIIIIIu1l1 w .III �r/14hD19/ ���/r,1i I%'r1M 1 �U of r4vr�� 1PImibm 1 dti ppII muu IG /B r1 zz i' ffjj��� 0 Nw«rww II I ustrative N 'I Irwn 1 A I�I,n Mr Iu �� illlluylllllllilllliillllY VmImIIIIIV^'IIIIINN�������M,MAiiiiiiiN,W,WI,WI,WiWM'M'HIWM;ili��,y ICI uAiiliA'y rtj�N mm, �,I� KIWI i11�i111IlViiiiilllll IIIIII ����������� ��� � � � "°4 4N 'µ wmimiliiiiiiiiii�i�IaGluu °III �}mlI'IWI , gong IIII Y l'! m �lllll 'IIII "'Y uuuuum WI 11 �u1 IIIIIIIIII 11 I01IIMI IA!MIIMIIIIIIII 11111111111 Iullu„Ii�,lui� I i I II ul IV IW'WWNW WWIVW N IIII ? 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Horton is pleased to submit this application for approval of a Preliminary Plat for HighView Park. The proposed development consists of 601 total homes (509 single family homes and 92 twin homes), HOA open space and a neighborhood clubhouse on approximately 237 acres located south of County Road 78/130th Street and Zumbro Avenue. The development plan for the neighborhood was patterned after the approved City's AUAR for the area. Surrounding land uses include agricultural to the west and south, Windermere South to the north and Jackson Township property and rural residential to the east. EXISTING CONDITIONS The HighView Park property, currently used for agricultural purposes, consists of 6 parcels. There are 7 wetlands within the site ranging in size from 0.06 acres to 1.8 acres. Trees are generally clustered around the homesteads and mainly consist of Oak, Ash, Boxelder, Cottonwood and Spruce among a few others. A Notice of Determination of wetlands on the property was received December 2022 and it was determined that there are 7 wetlands on the site and one water course. An update to the AUAR traffic study is in process. The study will show traffic impacts for the proposed High View Park development. THE NEIGHBORHOOD The proposed HighView Park consists of 509 single family lots. There will be two lots sizes to provide diversity in the homes being proposed: 178 of the home sites will have a typical lot size of 60 feet wide by 130 feet deep and 331wi11 have a typical lot size of 65 feet wide by 130 feet deep. Minimum setbacks are proposed to be consistent with the City's R-1 B Zoning District: front setback of 25 feet, side setback of 7.5 feet, corner lot side setback of 25 feet and rear yard setback of 30 feet. The development will also contain a 92-unit twin home sub -neighborhood in the north portion of the site. Here, setbacks consist of 35-foot front, 10-foot side, 25-foot corner lot side and 20-foot rear. High View Park Preliminary Plat 1/30/2023 1 Page 206 of 307 The neighborhood's primary entrance will be accessed from County Road 78/Zumbro Avenue. Zumbro will be paved to the southerly neighborhood boundary and include a planted center median to slow traffic and allow easier pedestrian crossing. Multiple streets will be stubbed to the property boundaries for roadway connections when adjacent properties are developed in the future. Sidewalks will be constructed on one side of public streets. Additionally, the proposed trails in High View Park will provide connectivity to the existing public trail system. A master neighborhood association would be responsible for ownership and maintenance of the amenities serving HighView Park. These include associated improvements, monuments and ponds. Additionally, the twin home neighborhood will be part of a separate sub -association and would be responsible for building exteriors and grounds maintenance. Three single family home styles will be offered in the neighborhood, all with multiple floorplan and elevation options: Horton Series, Express Premier and Express Select. These homes are currently being built in Windermere South 4th and 5th Additions. The Horton Series homes are traditional 2-story homes with full depth basements ranging in size from 1,800 to 3,100 square feet. The Express Premier homes are multi -level homes with square footages from 1,500 to 2,500. The Express Select homes fit on the narrower lots. These are 2-story homes built on a slab or basement foundation ranging in size from 1,500 to 2,600 square feet. Horton will also be offering our newest twin home product in the neighborhood. These are 2-story homes with or without basements. There are 2 floorplan options both with 4- bedrooms and range in square footage from 1,650 to 2,000. CONSTRUCTION & PHASING The site is planned to be graded in 2 phases beginning Spring/Summer 2023. The 1st phase will be the northly portion of the site encompassing about 100 acres. The remaining phase will be graded in subsequent years. The street and utilities will be built in 4 phases with the 1st phase starting Summer 2023. Dependent on market conditions, the entire site will be developed over the next 5 years. High View Park Preliminary Plat 1/30/2023 2 Page 207 of 307 High View Park Preliminary Plat 1/30/2023 3 Page 208 of 307 F- 8 0. a. DUI 'seDjMas leuolssajo.id ponnAlse Z 1 ' ,2121,V111111M121M,C2.1=7; ea 0 0 IP. uuut uair,Hur, A 1 8 7turAMiggruleuiff uou.buU "46 Puu, g1 U'uu.1 161,1 SITE LEGEND 1117,1117,11,,, .71171171—; ���az r zr L J �u�'sai!AJ s I uaiss AXN d p .•. 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' ^ � 1 "DUI 0 I S I UO Ssayold Poo MaseM ZZO 9M010dld-DOO'OLE ld-7OO'OL I n i1 ii 1 ; _ ' / / ' / ` � -7 ` ` � CC a.uJ ILI a. 1.1J Ce f L ri / VI10,010, r 000 J.,0 010/00,000000 , 0004100000000100,000, .savjvias jeuois0.00,4 p00000vm zv0v MO LUVVI-D00•01.f City of Shakopee Memorandum TO: Mark Noble, Senior Planner FROM: Micah Heckman, Project Engineer SUBJECT: Preliminary Plat — Highview Park PROJECT: PLAT-000108-2023 DATE: March 20, 2023 The staff review indicates a request to review a Preliminary Plat application for the Highview Park Development. Highview Park is located south of County Road 78 (130th Street W) and east and west of Zumbro Avenue. This review should be considered preliminary, as more comments will follow with additional submittals. However, the Public Works Department offers the following comments at this time to the applicant and to the planning department: The following items need to be addressed/completed prior to the Preliminary Plat being approved: 1. Plan review and plat review redlined comments are attached to this memo and must be addressed and approved by the City Engineer. 2. Refer to Shakopee Public Utilities comments for watermain. 3. Conduct a title search to confirm other interests on the property. 4. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not limited to the following: • Verify appropriate drainage and utility easements for public sanitary sewer, storm sewer and watermain systems are provided. The minimum widths of drainage and utility easements are set forth in Section 10.1.A-D of the City of Shakopee Design Criteria. • Refer to plan review redlined comments for specific locations where additional easement is required. H:\Development\Highview Park\Project Management\Letters and Memos\Staff Review\Highview Park PP 03 20 23.docx 1 of 3 Page 227 of 307 5. Approval of the preliminary plat does not constitute approval of the submitted construction plans. The following items need to be addressed/completed prior to release of the Final Plat for recording: 6. Execution of a Developer's Agreement, which needs to include provisions for a letter of credit or cash security equal to 125 percent of the estimated total cost of the improvements, plus 100 percent of the estimated costs of city inspection and administration. 7. Pay all applicable fees/charges listed below, as required by the most current City of Shakopee Fee Schedule. • Street and Utility Fee • Watermain Fee • Trunk Storm Water Charge • Trunk Sanitary Sewer Charge • Sign Installation Fee • Wetland Conservation Act Fees • Bituminous Sealcoat Fee • Storm Water Management Plan Review Fees 8. Submit a detailed contractor's bid for all public improvements associated with this subdivision. 9. Submit a detailed lot area drawing showing the total plat area, the total drainage and utility easement area encompassing 100-year high water levels of wetlands/storm water basins, the total area of right-of-way, the total area of conservation easements and outlots, the total area of bituminous street and the total area of lots. 10. At a minimum, obtain conditional approval of the development's storm water management plan. 11. The plans must include design and construction of the trail along CSAH 78 between Zumbro Avenue and Street 1. 12. Provide an access trail for maintenance vehicles along the sanitary sewer route through the Jackson Township park. This trail must be within 5 ft of manholes for maintenance access purposes. 13. Prior to discharging into a storm water basin, pretreatment must be provided. 14. The maximum allowable sanitary sewer depth is thirty (30) feet. 15. Submit a detailed geotechnical report outlining any groundwater encountered as well as infiltration rates in proposed basins. H:\Development\Highview Park\Project Management\Letters and Memos\Staff Review\Highview Park PP 03 20 23.docx 2 of 3 Page 228 of 307 16. Zumbro Avenue will need to be designed as a collector street assuming 40 mph and to State Aid standards. 17. Plans must be provided to Scott County for review and any conditions imposed by the county must be adhered to by the applicant. 18. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. The following items need to be addressed/completed prior to approval of a grading permit, a street and utility plan and/or a building permit: 19. Obtain final approval of the subdivision's storm water management plan. 20. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of the permit must be provided to the city. 21. Grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as -built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 22. Submit detailed pavement design calculations. 23. Submit a small utilities joint trench design and detail. 24. Submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 25. The contractor must submit a Construction Management Plan to the city prior to any construction activities. 26. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans need to be certified and submitted to the engineering department. Provide a letter from the engineer of record certifying all improvements were constructed per approved plans and under the direct supervision of the engineer of record. Recommendation The Public Works Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. 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Shakopee City Council April 18, 2023 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: Long -tern financial plan. Policy/Action Requested: No action requested. Recommendation: Discussion and feedback on long-term financial plan. Discussion: Included within the City of Shakopee's 2020 - 2024 Strategic Plan as part of the strategic priority of Financial Stability was the strategic initiative of developing a long-term financial plan. As the City Council, you play a key role in financial planning such as setting a service vision, adopting financial policies and keeping long-term financial sustainability at the forefront of decisions. Unlike the annual audit report and annual budget book, there is no set guidelines or template to follow when preparing a long-term financial plan. There is value in going through the exercise and discussing the city finances from a wider perspective. The long-term financial plan presentation covers trend analysis and General fund projections. This workshop will serve as a preliminary step in the annual budget and capital improvement planning processes before determining the annual needs of the city. The long-teini financial plan will be incorporated in the Ctiy's published Capital Improvement Plan. Budget Impact: N/A ATTACHMENTS: Page 250 of 307 a Long-term Financial Plan a LTFP Presentation Page 251 of 307 City of Shakopee Long-term Financial Plan April 18, 2023 The Long Term Financial Plan (LTFP) is intended to serve as a tool, providing Council and the public with the insight required to address issues that impact the City's financial condition. The LTFP will be presented to the City Council at a workshop on April 18, 2023. The LTFP discusses and views city finances from a wider perspective and serves as a preliminary step in the annual budget and capital improvement planning processes before determining the annual needs of the city. 1�111����j11 �lllll�lj�lj)�Illlllllllllllljlj Trend Analysis The City's financial trends are analyzed annually with many factors utilized in order to understand the financial condition of the City of Shakopee. These factors include: a. Property Types b. Market Value, Tax Capacity, Adjustments c. Levy Components, Taxes, Tax Rates d. Population e. Staffing This report examines these trends in determining the current and anticipated financial condition of the City of Shakopee. The years presented in the charts are the payable (collection years). General Fund Projections General Fund Projections provide an assessment of the impact on anticipated inflationary changes to the city's operations and estimated impact on property taxes and rates. Page 252 of 307 Property Types (parcels) 900 800 600 500, 4 0 0 Alliommn 300 4..111111111M.1.11111111111111111111111111111111111111101.111111111111111111111111111111111111111111111111111111111111. 2110 1 0 0 Property Types 2.00.4 2. 015 2.01.6. 2.0117 201.8 799777 , A .01 r: l' A tti l', A r a 1 1 al 5 "I.. 1.'7' 1 31 7,770,90,77 A pa rt..rn Ent '9 ID,. '9 0 .',3 9 9 .0, '9 :2. —'Cc rn rrn er c a 1 3 6,0 3 63 '3 ..5.6,1 3 62. ',.3 6.0 aaaammaa Ex ern lat. 71.9 7 2.5 7 2.3 733 .111111111110,011111111111116,, I n d ,.)51:r lia 2. 34. 2. '3 7 2 36 2 353 245 Residential 1.64000 1.4 ,000, 2. 3 „GO 0, Parcels 2019 2 02 0 2 02 1. 2 02 2 2 02 '3 1 1.1,R 2 I), 3 6 9 71 .5 3 9 3 :1 03 :1. 05 .155 "112 3 66, 3.59 3 53 2 3 5 3 3 47' / 77 7E2 •7'92. 8103 809 :2 31. 2 31 2 3 72.5 8 :2 6 9 ....111111.10.1111.0.1.1.0.111103.1 ll 11.. 200 GO 1 0,000 ,111.....111111111111111111..111.....1.111.1101,111111111100.11.1(1111101111,11.1....0° 2,01.4 201,5 2.01. 6 2.017' 2111 S 1035 202.0, 2.1(:)2. 1 202. 2. 2012.. Re'.si dent 2„ 1.8 6 12,2.62 2,2.70 1.2,313 1 2, 3 64 2., 6 0.5 1., 2., 631 31766 fl., '(3 37 3, 3 60 e 1 3,, R08, 1 3,„ R 1. 3 6,9 13, 9 10 1 4,1143 "Y, 4, 2. -.71a 36, 14,4.36 5 09 „0 16, Page 253 of 307 Taxable Market Value 1,400,000,000 1,200,000,000 1,000,000,000 800,000,000 600,000,000 400,000,000 200,000,000 Apartment 419111111111110111111111111111111, CO rn rnerc !al Other seiiiiiadieheA Industrial 2014 138,945,600 397,793,300 106,30.5200 4 33,34 7,400 8,000„000,000 7,000,000,000 6,000„000,000 5,000,000,000 4,000,000,000 3,000,000,000 2,000,000,000 1,000,000,000 ....Atm. esidentia I 2015 150,854,700 416,913,900 110,952,200 477,542,800 2 016 160,402400 412,300,000 118,860,700 544,529,100 xaNe. Market VaVue 2007 183;742,700 46 5,22 J.,4 00 119,726,100 639,816,4 00 Resildenta Tax 201.8 2 09,752,900 498,376,400 120,727,800 718,438,300 b e M 2.019 218,740,900 530,616,100 117,887,000 780,039,000 rl et Val 2020 309,078,900 578,601,600 118,347,000 862,446,900 ue 2021. 379,061,300 590,529,400 121,34.0,400 .1,033,049,600 2022 493,02 2,700 593,451,500 115,490,879 1,159,939,4 00 2073.. .596,660,000 610,225,800 95,009,1.50 .1,251,764,4 00 2()14 201.5 2016 201.7 2018 201.9 2020 2021. 2022 2023 2.,109,585 2.,457,496 2,588,396 2,596,2.90 2,768,217 2,943,2.66 3,195,2.76 3,415,873 3,682,892 4,662.,097 m0mo-fotal City-wide 3,1.85,976 3,613,7.59 3,82.4,494 4,005,396 4,31.5,51.2. 4,590,549 .5,063;7.51 5,540,454 6,044,797 7,215,7.56 Page 254 of 307 Net Tax Capacity 16,000,000 14,000,000 1.2,000,000 1.0,000,000 8,000,000 6,000,000 4,000,000 2,000,000 Apartment .11111111111,1m111111111111. Com mere ia ..,11111114011111111111.0ther ***wt....Industrial 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 1.0,000,000 Net Adjusted Tax Capacity ....00008,0EHHHINENHHHHINENHHHHINNOIONnomasm .xwmseonseonseoeHHHHHHHHHHmmmHHHHHHHHHHHnHHHHHHKmilpos'''''''' 201.4 2015 2016 2.01.7 201.8 2.01.9 2.02.0 2021. 2022 2.023 1,.598,1.60 1,657,772. 1,758,871 2,034,508 2,318,834 2.,431,960 3,485,37'9 4,088,096 4,863,443 5,777,954 4,879,520 5,232,382 5,119,585 6,1.'73,075 6,299,840 6,641,707 7,212,271 7,326,190 6,92.5,847 6,88.5,924 1409,573 1,161,280 1,254,709 1,311,152 1,308,475 1,285,082 1,297,871 1,351,467 1441,026 951,122 5,204,679 5;792.,724 6,61.4,910 .7,940,561 8,063,856 8,437,31.9 9,342,762. 11,535,937 13,159,674 14,213,455 1100 Residential Adjusted Net Mx Capacity ▪ 0101.001 2014 201.5 201.6 *weeff—I1esidenti3I 21,1.63,975 24,658,768 25,966,409 mem Total City-wide 33,955,907 38,502,926 40,71.4,484 2017 201.8 2019 26,036,865 27;760,389 2.9,541,409 43,496,161 45;751,394 48,337,477 II0101010 O 000 2020 2021 2022 2023 32,104,091 .34,332415 37,01.7,226 47,156,82.5 53,442,374 58,633,805 63,1.1).7,21.6 .74,985,280 Page 255 of 307 Tax Capacity Adjustments $7,000,0 F"sc:a L"Asparffies Net Contributbn (Fax Capably) 6„000 55,0 ,0 $4,000,000 0,00 4.5% of Gross Tax Capacity ($1,856,360) $2,000„0 0 $1.„000,000 2014 201.5 2016 2 1'7 IFiiscaII Disparities Adj. 1,856,360 2,068,024 2,409,936 2,21.9,811 3,647,951 3,923,222 4,269441 5,1. 2,64.4 6,139,1.41. 6,235,453 6.8% of Gross Tax Capacity ($6,235,453) $4,50o,opo $4,000,o(x) $3,5oo,ax) $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1„000,000 $500,000 IMMO 201.9 2020 2021 2022 2023 TO IF Dlistracts Captured Net Fax Capadty IOIH HI Hi, I II I I I I I 201.4 201.5 2016 2017 20:18 2019 2020 2021 2022 2023 111)111 IF 10 River City Centre (2024) 11111111TVF 1.2 - Challenge Printing (2014) ri I' 1.3 Open Systems (201.5) 11111111111"HE' 14 San ma r (2023) 1111111111111E: 1.5 - All Saints (2039) •111::: 1.6 - Rahr (2021.) 1111111i-11F 17 Amazon (2025) 11111111"FIE: 1.8 - Canterbury (2045) 11111111111"HE: 1.9 - Riverfront (2047) IIIIIITIF 20 Enclave (2046).TIE: 21. - Southridge Soils (2041) Page 256 of 307 Levy Components, Taxes & Tax Rates 25,000,000 20,000,000 1.5,000,000 10,000,000 5,000,000 45.0% 40.0% $16.31 $17.25 Le y CsmpOneflts $18.93 $17.61 $19.61 $19.58 $20.73 $22.97 $21.37 $24.39 2014 2015 2016 2017 2018 2019 2020 2021 2022 202.3 41.4% General IIIIIIIDebt Service • EI:)A Levy C11"71::"ark $ Change lin City II....evy, % Change, City Fax Rate 38.5% 2% 37° 3.5..0% $1,316,14611 111111(J,„„„ 2 1% 30,0% 2.5.0% $941,088 $828,956 20,0% 15.0% 1.0,0% 5..0% 0,0% 54%vole $356,928 4,14,00101110141,011 2.1% $684,207 2014 201.5 20.16 201.7 201..8 $1,150,000 .6o/0-$30,048e, 14L 0.2% 2019 2020 $637,300 .9% 3.1% $1,618,200 $1,406,000 2.1% II $1,800,000 600„000 $1„400,000 $1,200,000 28.6% $1,000„000 $800,000 $600,000 $400,000 6.1% $200,000 2021. 2022 2023 Change alaa% Change Rate $(2.00„000) Page 257 of 307 Population, City Employees 4.9,000 47,000 4.5,000 4,3,000 41,000 39,000 38,120 37,000 35,000 46,738 39,144 39,523 Pi puVati n 41,143 2013 2014 2015 203..6 2017 2018 2.019 2020 2021 2022 90 80 70 60 50 40 30 20 1.0 Fu V-tame Ernpl 6.0....mm,40.Mmmwo4p0000000 (11P,,,,,,maciamowlampo ye es 1,1,1,,,,numuse.rzes.rzes.ronyeanoonommougmageorg...,,„,......, ,1111111111111111IMM« Rag / , ///egag JRYMInerfffrffirirrEPCPC PANNOINBAMMIUB/4011111MMUMMS/MMS00001111111111101.0,51011111,40 2014. 2015 2016 2012 2018 201.9 2020 2021 2022 2023 General Government 26 2..5 28 30 29 28 29 m40.. Public Safety 29 29 29 69 70 71 76 76 78 77 78 78 82 ,,,,,,,,,O,,,,,,,, Public Works 26 26 26 27 27 28 28 29 2.9 29 ark and Recreation 1.8 20 22 24 23 25 27 29 2.9 30 Page 258 of 307 General Fund Projections Baseline Data • Revenue and expenditures projections are based on current year budgeted amounts (2023). Revenues (inflationary assumptions) • Property taxes — 4.25% annnual increase needed to support expenditure assumptions. • Licenses and permits — 3.00% • Intergovernmental - 3.00% • Charges for services — 3.00% • Other Revenues - 0.00% Expenditures • General Government — 2.75% • Public Safety — 3.25% (additional .50% based on personnel) • Public Works — 2.75% • Parks & Recreation — 2.75% • Other-0.00% Additional Information • City's fund balance policy is to maintain a General Fund unassigned fund balance of 35 to 50% of the following year's budgeted expenditures. • Taxable market value, net tax capaicty and median value home data is from Scott County for taxes payable 2023 and projected out to future years. The taxable market value and net tax capacity is projected to increase 5% annually, which the median value home is projected to increase 4% annually. • Number of households and population data is based on the 2020 Census, Met Council estimates and their 2030 forecast. Equal annual adjustments have been made based on these long range forecasts. Page 259 of 307 N O O O O O O O O O 6 O 2 2 2 0 0 0 0 0 �000 0, in � CV N N O O 0 ti •� O P9 0 0 ti M N 0 • en � 0 N 00 0 N • O 0 P 2023 General Fund Annual Budget Pmjection 0° OO NO [M oc G G N T N CV 6- n `O O ii - c 61- } r -t N O pC�a O O W O 01l -Y T N M ~ O -t 4 F O T O 60 N r9i 5 00 M 5 M 8 9 00 0 0 r V "0 O CV - 00 00 NOC 01- ti O CJ O O 5 r O 00-+ O® Y O 0` N 01 CA 0 V O c; CV M 0N 30 ,. O 00 0 0• o -Y v CJ 0ti I� t -- N ~ en 0 0 l- I4 00 tJi <7 O ° 0 0 Lk, 0 0 0 G,N NNOC K-Yi rl I.„am-0 - ,0 Vr t 00 'L`. 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C. r J a 'G 0 C� 5 Obi , m 01 N 2 '- I N - N 6c -0 H 0 Da in O O , N : O 060rp3 Y In OO • .OV,.0_Vt` ON WJ 0- N G 0 (Met Council Forecast) is the base year for future proje cted 2030). The 2023 Budget ye timated 2020 and p O P 0 9 O 0- Cr ry 0 000 o 000 , g -. N 0i 0, W 0 in 0, O 2p N '-' 7 rt 0O 9 69 6S v� 669 2 b O 0 N 14 O W -2 E O ' O c j -14 00 T cn c° v N ..�' m x °� v .2-,o p-. 3 y9 c> . > a x U H 0 w ❑ U 0. 50% Fund Balance Policy Excess Fund B� a� CC c� O. .-. Y " t w° w w H z [= 5 H z 4 Page 260 of 307 0 < Page 261 of 307 TFP Background 0 am Lox 0 a) 0 ›, E 11. 0 0 0 66 ZLf • • Page 262 of 307 ne current and 0 4-0 —0 c w TFP Background 0 c E w (f) T tr) 0 • —cu IIONAPPIt 0 Page 263 of 307 (LI on c") (6,4 CT", p/ a v.) 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'4— 0 LI (5)) U . . — -0 -0 Ci- Park & Recreation 8 H 64 F 6 .5 L.7 / C) ▪ 4 Page 277 of 307 on - 2.75% o. 0 (V) CI) -1 I • Page 278 of 307 r- rk to- toN 2023 General Fund Annual Bu z bfl a E t' E E 1,1 17,1 • cj rn "1: "° d d. d, ddd—dd 00 Q rr. td d k /0 r k DO 0 0 k 0 1r 0 0 0 1 C1 '1. rt ri — d 0 0, DO trk 0 0 k /0 , DO N. 0 0 • r k k-kr k k k / • d 70 d OS 0 , C 0 01 DO , 4 ;:; E.; 06 —' 4' • o r-- ' • ';;;.° d d 70 d d d r r, d Pr I , 1X0 O 0 r r kr 0 0 — . . , 70 — r,01 1,r1 E `"4".. E E o .1- . . . , r tr.; r cJ - d rrt rn; 0 0 0 0 0 Cr 0 0 Cr 0 n sktk CO rk.1 1,1 ,1 re) rke ‘1.• n Cr, rke N rk.1 , 0. r, 4 • 4 kr, 0; 7-0 7 • .4 ,.., g ,, > - -0 g . t • r.'0' .., ,,,, 4 L' ,9 .‘,0 -?, ,,a,„ 3 ;4 ,1 -,- 8 P." P.," r 8 . n •— •,, ,-; ,,,.. S' E . `L' -4 8 - 0 0, d d 0, d 0, 0, ,0 I.', kr, 0 0 rr ,0 dr, dr, — o d 77; r- r — ;77 kr 00 X r, , r.' 6, d , -. -- ,- 00 or 00 en C., 0 r d ,0 tr; tE• "jrt o: • 0, Q , ott >0. 41 42. d 0, , . ck, „ d, 4 • kr; d r 1: 0 r A , k 0 rk 4 "i. . . . . ott • 01 ---R -kgo- n. 0 ott tr. tot 0, en d In 09• :4 0: : 7i ..7.7; d 1 "E. cE;-;-; — Er , ,c kr: 0 0 0 0 go 0 0 h to ,0 d d tol 0 to 0.6- v--1 or ,c, 0.6 o ,0 00 , m DO n 0 r ret 0 00 0 • f:• ^-, 4 8 76 ,c5 (05 toki r, , t r';, el el Yklk d'kk Yklk r- 0 r- 0 el P.4 oet tf. tr, ,c7 r- tr; ker, 00 tr, tot tot rot tr, tot 00 rot rot ko, tr; rot '77 00 00 0 0 00 rrt 05. 0,0 0.0S;;"' jgg EE-'; ‘0. r- 0:0 kar or; r- Yet Ykt 0). f,111 okt tot N 00 tot act ‘0.. ur, cx, N 0 kr, rkt N C,10 C,10 C, 0 0 0s. krki 0, 00 r-- ENDING FUN id') tan fan fan rkkti- fan ;It 70 cJ- ed; ed; d r, d — 00 — tr. 8. 0, d , .0; - r A C;;: 't; 4 oi r od c't d de 0, — t 0 2, r,...:: 4', 4', ,--I • -, ,--I — ^,-.1 "1 di '••R 70 2 ,E ,... ,..,2 8-, 8 8 ,.98 'd '0',,,-..! 1 ...?2. 4); 0; 01 , Ykr C' 't. 0 1., ed; ed; ed; ed; irt fan 1 rk.1 CC d. 0, tor. 50°/0 Fund Balance Policy xcess Fund Balance 22,486,000 $ or or rr d otc- Ert.O t, '4 4 • t r A , • 0 4 oi Ec d kr, d or ,t — 07i rtk c:, o 00 ok° • o 00 o 00 or en to 00 00 o to;oz. Ei kk, -kr , Taxon Median Value Hour 07 to d O rn o00 co rnt 7?„ ,0 to Cr, ;---; -t 4. 4 '4 a, z o z g E2 Page 279 of 307 Page 280 of 307 11.A. Shakopee City Council April 18, 2023 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: These reports reflect the expenditures as recorded for 2023 activity. The following transactions are notable for this reporting cycle: • CivicPlus: Annual Recreation software fee from April 2023 to April 2024. $41,330.31 • Confluence: Professional services for SandVenture Implementation Project. $109,957.00 • Confluence: Professional services of design drawing for River City Centre. • Rice Lake Construction: Estimate Voucher #6 for Lift Station L 16 Rehabilitation. $108,146.10 Included in the check list are various refunds, returns, and pass through. Budget Impact: Operating and capital expenditures within the 2023 budget. ATTACHMENTS: o Council Check Summary Page 281 of 307 a Council Check Register a Bill List Transfers Page 282 of 307 4/13/2023 14:38:56 CITY OF SHAKOPEE O 0 J N CO 0 Council Check Summary e actual amount due to data sequencing and/or data selection. Payment amount may not r ai Z 0 O E c 0 E U N O O O N C0 N O V M CO CO (O N O O) n n CO fl n ti O) N r GENERAL FUND FORFEITURE ECONOMIC DEVELOPMENT AUTHORITY RIVER CITY CENTRE CAPITAL IMPROVEMENT FUND TIF DIST #18 CANTERBURY COMMON TREE REPLACEMENT N CO O (O O M O co r O O (O CNCOCNOON O) l!) l!) M O) 1- CO I- (0 N LO CS) r (O CDM CO O 'A' CO W M M oO co l0 N co- o" r V M r co M r SEWER FUND SURFACE WATER FUND EQUIPMENT I.S. FUND PARK ASSET I.S. FUND INFO TECH I.S. FUND BUILDING I.S. FUND SELF INSURANCE I.S. FUND SW METRO DRUG TASK FORCE ESCROW FUND INVESTMENT TRUST FUND O O O O r O O O O (O (O O O (O O O O CA 0) O N N O O O O O O r N N V l!) O CO O O V r CO CO CO CO CO CO O O O N 0 N N V V V I- CO CO CO0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 283 of 307 Council Check Register 0 0 O OPERATING SUPPLIES PA-23-03 TAHPAH PARK REHAB 1,962.02 0 CITY OF SHAKOPEE OTHER PROF SERVICES SWMDTF - STATE GRANT 8025.6327 SH- RECEIPT 0151.4511 350.00 0 CITY OF SHAKOPEE O 0 N M OTHER PROF SERVICES PERSONNEL - PAYROLL 0123.6327 FSA 2023 ANNUAL FEE 115.00 OABG OTHER PROF SERVICES PERSONNEL - PAYROLL FSA FEES- 03/23 120.00 OABG OTHER PROF SERVICES PERSONNEL -PAYROLL 0123.6327 HSA FEES- 03/23 588.00 OABG CREDIT CARD FEES RECREATION 0671.6650 GLOBAL PAYMENT FEES- 02/23 4,662.74 OGLOBAL PAYMENTS INTEGRATED CREDIT CARD FEES SANDVENTURE POOL GLOBAL PAYMENT FEES- 02/23 271.76 OGLOBAL PAYMENTS INTEGRATED CREDIT CARD FEES z Z w w V 0673.6650 GLOBAL PAYMENT FEES- 02/23 1,356.30 OGLOBAL PAYMENTS INTEGRATED ADMINISTRATIVE CHARGES INSPECTION NSP SURCHG PMT- 02/23 BLDGPERMIT- SURCHARGE PLUMBING PERMIT -SURCHARGE ELECTRIC PERMIT -SURCHARGE HEATING PERMIT -SURCHARGE W & S PERMIT -SURCHARGE FIRE PERMIT- SURCHARGE l7 l7 C7 l7 l7 l7 Z Z Z Z Z Z =CC CC CC CC CC Q 00 Q Q Q Q w w w w w w V V }V} V }V} V JJJJJJ HHHHHH NSP SURCHG PMT- 02/23 NSP SURCHG PMT- 02/23 0913.2062 NSP SURCHG PMT- 02/23 m O 0 m m 0 NSP SURCHG PMT- 02/23 0913.2064 NSP SURCHG PMT- 02/23 0 N m m 0 NSP SURCHG PMT- 02/23 l7 l7 l7 C7 l7 l7 l7 0 0 0 0 0 0 0 m on CO CO CO CO CO CC CC >- CC CC CC CY 0 1 0( 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ z z z z z z z (69.55) OMN DEPT OF LABOR & 2,988.70 OMN DEPT OF LABOR & 193.50 OMN DEPT OF LABOR & 121.56 OMN DEPT OF LABOR & 133.45 OMN DEPT OF LABOR & 5.00 OMN DEPT OF LABOR & 22.82 OMN DEPT OF LABOR & co V N 0) co M SALES TAX PAYABLE GENERAL FUND FUEL TAX PAYABLE GENERAL FUND N 00 00 0 0 N O 0 0 0 0 SALES TAX PAYMENT- 02/23 8,802.00 OMNDOR- SALES TAX SALES TAX PAYMENT- 02/23 47.00 OMNDOR- SALES TAX O 0) OD OJ SALE OF DOCUMENTS CONCESSION STANDS CAR/TRUCK WASHES CAR WASH CAR/TRUCK WASHES TRUCK WASH m o 0 (4) W O O V V V V 0O N J] 00) m m 0 0 0 0 0 0 SALES TAX PAYABLE- 03/23 3.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 03/23 299.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 03/23 5.00 OMNDOR- SALES TAX SALES TAX PAYABLE- 03/23 6.00 OMNDOR- SALES TAX GENERAL ADMISSIONS SANDVENTURE POOL 0672.4766 SALES TAX PAYABLE- 03/23 28.00 OMNDOR- SALES TAX GENERAL ADMISSIONS SKATE SCHOOL ADMISSION ICE RENTAL - PRIME TAXABLE ROOM RENTALS OTHER RECREATION FEES z z z z z Z CC CY 00 00 00 Q Q Q Q Q w w w w w 0 LJULJO 0673.4766 SALES TAX PAYABLE- 03/23 340.00 OMNDOR- SALES TAX 00 00 V m 00 0 0 SALES TAX PAYABLE- 03/23 469.00 OMNDOR- SALES TAX 0673.4774 SALES TAX PAYABLE- 03/23 1,253.00 OMNDOR- SALES TAX 0 00 N V m N 00 0 SALES TAX PAYABLE- 03/23 82.00 OMNDOR- SALES TAX 0673.4818 SALES TAX PAYABLE- 03/23 31.00 OMNDOR- SALESTAX MEMBERSHIPS COMMUNITY CENTER N O N V 00 0 0 SALES TAX PAYABLE- 03/23 4,337.00 OMNDOR- SALES TAX GENERAL ADMISSIONS COMMUNITY CENTER 0674.4766 SALES TAX PAYABLE- 03/23 2,593.00 OMNDOR- SALES TAX ROOM RENTALS COMMUNITY CENTER 0674.4796 SALES TAX PAYABLE- 03/23 826.00 OMNDOR- SALES TAX OTHER RECREATION FEES COMMUNITY CENTER 0674.4818 SALES TAX PAYABLE- 03/23 7.00 OMNDOR- SALES TAX ROOM RENTALS PARK SERVICES 0675.4796 SALES TAX PAYABLE- 03/23 165.00 OMNDOR- SALES TAX m N 4- 0 v bA t0 0_ Page 284 of 307 Council Check Register 0 0 E O PARK FACILITY RENTAL PARK SERVICES 0675.4798 SALES TAX PAYABLE- 03/23 37.00 OMNDOR- SALES TAX ROOM RENTALS RECREATION PROGRAMS 0679.4796 SALES TAX PAYABLE- 03/23 702.00 OMNDOR- SALES TAX SALES TAX PAYABLE GENERAL FUND SALES TAX PAYABLE TREE REPLACEMENT NATURAL RESOURCE PLANTINGS TREE REPLACEMENT 0 0 CO O O LO O O O O 00 O O SALES TAX PAYABLE- 03/23 (11,183.00) OMNDOR-SALES TAX SALES TAX PAYABLE- 03/23 (208.00) OMNDOR- SALES TAX SALES TAX PAYABLE- 03/23 208.00 OMNDOR- SALES TAX FUEL TAX PAYABLE GENERAL FUND CO O O FUEL TAX PAYMENT- 02/23 845.03 OMNDOR-SPECIAL FUEL TAX MOTOR FUELS & LUBRICANTS 0421.6222 FUEL TAX PAYABLE- 03/23 MOTOR FUELS & LUBRICANTS 0441.6222 FUEL TAX PAYABLE- 03/23 MOTOR FUELS & LUBRICANTS FUEL TAX PAYABLE GENERAL FUND MOTOR FUELS & LUBRICANTS SEWER MANAGEMENT N N N N CO N N 0 N O N ,D O N O lD O N H FUEL TAX PAYABLE- 03/23 FUEL TAX PAYABLE- 03/23 FUEL TAX PAYABLE- 03/23 MOTOR FUELS & LUBRICANTS z 0 w 7733.6222 FUEL TAX PAYABLE- 03/23 ¢ ¢ ¢ Q Q Q J J J J - 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O I-, 00 Cr LP N Lf1 V 0 m m 7r o 0 00 m 0 Ni c+i f� M Ni 0 M O V 00 00 Cr N 01 Ol r 0i 00 (0 - CV' O V) V1 V) V1 m 00 W 00 W Lu J J J J J 00 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ DDDDD tniil V) V1 V1 Z Z Z Z Z z z z z z 00 00 00 00 00 CL 0_ a a 0_ DDDDD 0' d 0' 0' 0' W W W W W INSPECTION W LU V1 CAR/TRUCK WASHES CAR WASH CAR/TRUCK WASHES TRUCK WASH 0 d O 00 LN0 LNo 0 0 l_O 00 v 0 00 m m 0 0 00 0 0 0 0 0 0 0 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 CAR/TRUCK WASHES- 03/23 EQUIPMENT MAINT SUPPLIES cc 00 0621.6240 CAR/TRUCK WASHES- 03/23 EQUIPMENT MAINT SUPPLIES SEWER MANAGEMENT m N 4- 0 v bA 0 0 m 0 rn N CO M N O 4) LU Ln� = d Y V ¢ ZZZZZZZZZ 0 0 0 0 0 0 0 0 0 a ¢ ¢ a ¢ a ¢ a ¢ 0 0 0 0 0 0 0 0 0 J J J J J J J J J a Q a a a a Q Q a J J J J J J J J J H H H H H H H H H ZZZZZZZZZ 0 0 0 0 0 0 0 0 0 W W W W W W W W W W W W W W W W W W 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0 0 0 0 0 0 0 0 0 V1 V1 V1 V1 V1 V) V) V1 V) 0 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Di O N fl O 0o 00 N m 0 co,m m L0 Council Check Register EQUIPMENT MAINT SUPPLIES z a w Ln LLI 7733.6240 CAR/TRUCK WASHES- 03/23 45.00 OSHAKOPEE MONTHLY ALLOCATION ENGINEER FEE - PUBLIC ENGINEERING NTERNAL CHARGES- 03/23 PARK FEE - PUBLIC ce a NTERNAL CHARGES- 03/23 ENGINEERING/DESIGN CONSULTANTS CIF23-001 REHAB/RECON/OVERLAY 6939.6312 NTERNAL CHARGES- 03/23 ENGINEERING/DESIGN CONSULTANTS CIF23-016 TRAFFIC SIGNAL 6949.6312 NTERNAL CHARGES- 03/23 IMPROVEMENTS/INFRASTRUCTURE SAN19-001 L-16 DEMO O N 00 co 0 NTERNAL CHARGES- 03/23 ENGINEERING/DESIGN CONSULTANTS PA-23-03 TAHPAH PARK REHAB 6947.6312 NTERNAL CHARGES- 03/23 Z Z Z Z Z Z O 0 0 0 0 0 Q Q ▪ Q Q Q ▪ Q O 00000UUUVUU J J J J J J Q Q Q Q Q Q J J J J J J ZZZZZZ O 00000 W W W W W W W W W W W W 0_ d 2 d d d O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O N r 71- N O W CV lfl l(1 _ N 00D N CO O 0 CREDIT CARD FEES CREDIT CARD FEES z z 0 0 u v w w 0_ d z z 0331.6650 US Bank Merchant Fees- Bldg 10,072.77 OUS BANK MERCHANT CONNECT O 00 US Bank Merchant Fees- City Ha 0.02 OUS BANK MERCHANT CONNECT OTHER PROF SERVICES U z z z LL N in 0 SHAKOPEE VILLAGE APT MMB RETUR 68,250.00 OVITUS DEVELOPMENT 0 GO O OTHER PROF SERVICES CODE ENFORCEMENT 0319.6327 3,000.00 4 PAWS ANIMAL CONTROL 0 0 O O EQUIPMENT MAINTENANCE LLI V 0 a 031 1.6316 0 00 00 249.44 APPLE FORD OF SHAKOPEE INC EQUIPMENT RENT SWMDTF - STATE GRANT 8025.6420 MARCH 2023 APPLE FORD OF SHAKOPEE INC V) V) V) V) VI W W W W W DDDDD 0 o 0 o 0 ENGINEERING 00 LU ce • a ✓ a SEWER MANAGEMENT SURFACE WATER MANAGEMENT O O O O O co co co oo co 00 00 00 0 00 rA N 0 O o o r, N O O O O O O 00 0 0 0 CO 00 CO 00 CO N N N N N N M EQUIPMENT MAINT SUPPLIES ce a 0621.6240 7.58 ARROW HARDWARE & PAINT SHAKOPE SK1404 OPERATING SUPPLIES ce a 0621.6202 ARROW HARDWARE & PAINT SHAKOPE OPERATING SUPPLIES RIVER CITY CENTRE 2300.6202 a) EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES 00 LU ce • a ✓ a 0421.6240 CUTTING EDGES ASPEN EQUIPMENT CO 0621.6240 CUTTING EDGES ASPEN EQUIPMENT CO TZD OUTSIDE AGENCIES POLICE GRANTS 0359.4411 20.608 TZD- DUI CFDA# 20.608 2,131.58 BELLE PLAINE, CITY OF Page 288 of 307 Council Check Register 0 Total Amount CO 00 IMPROVEMENTS/INFRASTRUCTURE SAN24-001 W END LIFT STATION Lf) 00 N 0 00 op 0 BOLTON & MENK INC 0 00 0 0) CREDIT CARD FEES INSPECTION 0 00 w 6i RIVER CITY CENTRE 2300.6367 RCCTRASH BILL BUCKINGHAM COMPANIES M N SOFTWARE - 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ANNUAL FEES RECREATION O 0 0 O 41,330.31 CIVICPLUS EQUIPMENT MAINT SUPPLIES CONCRETE CUTTING & CORING INC EQUIPMENT MAINT SUPPLIES 0621.6240 CONCRETE CUTTING & CORING INC CO 0 OTHER PROF SERVICES RIVER CITY CENTRE cYl 0 O O cn N DESIGN DRAWINGS CONFLUENCE 6931.6327 35% PLANS CONFLUENCE N O 00 0 O N 0 0 0 0 D' CO 0 Lr 0 0 O O O O Ll U W V a 0 CHIEF MGT/DELLWO RETIRE CUB FOODS SHAKOPEE 0 M 0 DARE GRADUATION 177.14 CUB FOODS SHAKOPEE OTHER PROF SERVICES SANITARY SEWER UTILITY FUND L16 GENERATOR MAINT 1,034.45 CUMMINS SALES & SERVICE OTHER PROF SERVICES EDA MANAGEMENT BILLBOARD DAHLEN SIGN COMPANY 0 00 fV 0 W OPERATING SUPPLIES ICE ARENA 0673.6202 DALCO INC csi m M BUILDING MAINT SUPPLIES COMMUNITY CENTER 0674.6230 DALCO INC 0 CO Page 290 of 307 Council Check Register 0 0 O 0 C a x w O 0 Total Amount BUILDING MAINT SUPPLIES COMMUNITY CENTER SOFTWARE - ANNUAL FEES RECREATION DAXKO LLC DBA GROUPEX PRO 0, 00 0l 00 O MOTOR FUELS & LUBRICANTS TRAVEL/SUBSISTENCE w w a LL LL 0321.6222 DIRCKS, ERIC N 0 DIRCKS, ERIC o M O M O N M 00 M co OPERATING SUPPLIES cc a 0621.6202 DOG WASTE BAGS SOUTHBRIDGE 899.94 DOG WASTE DEPOT EQUIPMENT MAINTENANCE SWMDTF - FORFEITURES 8827.6316 L0 O 0 00 DRIVER AND VEHICLE SERVICES 0 N N UNIFORMS/CLOTHING N 00 CLOTHING REIMBURSEMENT ECKROTH, DAN 0 01 TZD OUTSIDE AGENCIES POLICE GRANTS 0359.4411 20.608 TZD- DUI 0 M OPERATING SUPPLIES 0311.6202 OPERATING SUPPLIES 0321.6202 M M CO OPERATING SUPPLIES 0321.6202 00 0l N N m CO CI M TRAVEL/SUBSISTENCE O L0 N 00 cn 0 EMERSON, HEIDI rn 00 01 00 SOFTWARE - ANNUAL FEES BUILDING INSPECTION 0 w 0 O ci O 0 0 to VISION PAYABLE PAYROLL CLEARING CO w N 0 Lri rn V EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES OPERATING SUPPLIES EQUIPMENT MAINT SUPPLIES w w H H U U w w J J w w O O CC cc a a 00 Lo O O 0 0311.6240 N 0 N O 0 0 0421.6240 l0 N M Y Y to to 74.14 FACTORY MOTOR PARTS INC FACTORY MOTOR PARTS INC 0o 00 93.84 FACTORY MOTOR PARTS INC FACTORY MOTOR PARTS INC m N 4- O 00 v bA t0 Page 291 of 307 Council Check Register 0 0 0 C 0 c C a x w `0 0 Total Amount VI VI V UJ VI VI w LU w w w w J J J J J J a a a a a a a a a a 0 a VI VI VI VI VI L Z Z Z Z Z Z z z z z z z W W W W W W 2 2 0 0 a 0 2 a a a a a DDDDDD a a a 0' a s W W W W W W cc CC CC Q Q v) a a RECREATION RECREATION c 71- cI I- N N N N N O O O O O O O O O O O O O N n M m l0 l0 m M O O Y Y Y Y Y In V1 In V1 V1 SWEEPING 7733.6240 V V V V V U Z Z Z Z Z Z (9.00) FACTORY MOTOR PARTS 172.68 FACTORY MOTOR PARTS (16.00) FACTORY MOTOR PARTS 169.32 FACTORY MOTOR PARTS (9.00) FACTORY MOTOR PARTS 149.64 FACTORY MOTOR PARTS O M CO MATERIALS 0_ L!7 N 00 O MATERIAL FLOWER BEDS AND GRASS 1,451.74 FARMERS MILL & ELEVATOR INC OPERATING SUPPLIES cc a 0621.6202 DOWNTOWN BENCHES J z Z LU F W O N ui OPERATING SUPPLIES OPERATING SUPPLIES CC CC Q CL 0 0621.6202 WINDSCREEN SCHELPER BALLFIELD 0621.6202 0) a O 0 TRAVEL/SUBSISTENCE RECREATION PROGRAMS MAAS CONFERENCE FELTMANN, MARY V 06 rn 0 M N OPERATING SUPPLIES SEWER MANAGEMENT N O SK14110 JET TRUCK FLEXIBLE PIPE TOOLS & EQUIPMEN O LCi m SOFTWARE - ANNUAL FEES MAINT - FUEL SYSTEM 0456.6410 FUEL SYSTEM SOFTWARE 80.00 GE SOFTWARE INC O O OTHER PROF SERVICES RECREATION PROGRAMS 0679.6327 WINTER SESSION 3,828.75 GO GYMNASTICS LLC N NCO M SKATE SCHOOL ADMISSION ICE ARENA 0673.4768 (6,829.06) GO4GOLD SKATING ACADEMY VI z 0 03 03 J ICE ARENA 0673.4770 15,175.00 GO4GOLD SKATING ACADEMY ICE RENTAL - PRIME TAXABLE ICE ARENA 0673.4774 (2,100.00) GO4GOLD SKATING ACADEMY ROOM RENTALS N N C3 O (525.32) GO4GOLD SKATING ACADEMY N N 0 OTHER PROF SERVICES SEWER MANAGEMENT 771 1.6327 ROW UTILITY LOCATE TICKETS GOPHER STATE ONE -CALL INC OTHER PROF SERVICES SURFACE WATER MANAGEMENT 7731.6327 ROW UTILITY LOCATE TICKETS GOPHER STATE ONE -CALL INC O O O O 00 00 OTHER PROF SERVICES BUILDING I.S. FUND H U CONSTRUCTION OTHER PROF SERVICES BUILDING I.S. FUND FIRE STATION #1 BAY ROOF H U CONSTRUCTION OTHER PROF SERVICES BUILDING I.S. FUND H U CONSTRUCTION 0 O N O O N M N M N lfl N M N Page 292 of 307 Council Check Register 0 Total Amount EQUIPMENT MAINT SUPPLIES a MOWER TIRES HANCO CORPORATION 00 00 CO CO (0 ATTORNEY RIVER CITY CENTRE ATTORNEY FEES HELLMUTH &JOHNSON od 0 ai ai MOTOR FUELS & LUBRICANTS LLJ 00 LL 0321.6222 AIRBOAT 1 FUEL HENNEN'S AUTO SERVICE CTR m m M N BUILDING MAINT SUPPLIES COMMUNITY CENTER 0674.6230 HORIZON COMMERCIAL POOL SUPPLY MULTI -PORT VALVE co 00 W CO CO N CO EVIDENCE ROOM DEPOSIT ESCROW FUND 8040.2352 HOXWORTH RETURN FORFEITURE HOXWORTH, VANESSA LYNN O 06 00 O 7 l7 l7 l7 C7 l7 l7 Z Z Z Z Z Z 0 CI 0 00 = 00 = 00 00 on m on on m ICE ARENA ICE ARENA COMMUNITY CENTER COMMUNITY CENTER PARK SERVICES PARK SERVICES 00 00 Ln (!) L() L!) m m m m m m O O O O O 00 m m N 0 r N r N N N N 0 0 0 0 0 0 O O O O O O HUEBSCH CO HUEBSCH CO HUEBSCH CO HUEBSCH CO HUEBSCH CO HUEBSCH CO 61 O V d- O O N N O O LI) Lei 61 61 r V N N BUILDING MAINT. BUILDING MAINT. BUILDING MAINT. CLEANING SERVICES lf) () (f) tD m m m rn O O O O co co W W O O O 157.54 HUEBSCH CO MATS AND CLEANING ITEMS HUEBSCH CO 01 F HUEBSCH CO MATS, CLEANING ITEMS AND AID HUEBSCH CO d- r L Lri N OTHER PROF SERVICES SEWER MANAGEMENT L16 CONTROL PROBLEM TROUBLESHO 7711 .6327 370.00 IDEAL SERVICE, INC 0 0 M OFFICE SUPPLIES ADMINISTRATION 2.52 INNOVATIVE OFFICE SOLUTIONS, L OFFICE SUPPLIES ELECTIONS 0132.6210 402.84 INNOVATIVE OFFICE SOLUTIONS, L OFFICE SUPPLIES ELECTIONS 7.96 INNOVATIVE OFFICE SOLUTIONS, L OFFICE SUPPLIES ELECTIONS 0132.6210 13.02 INNOVATIVE OFFICE SOLUTIONS, L SOFTWARE - ANNUAL FEES ELECTIONS 0132.6410 8,207.00 INTECH SOFTWARE SOLUTIONS INC m N 4- 0 O N b0 Page 293 of 307 Council Check Register Total Amount SOFTWARE - ANNUAL FEES EDA MANAGEMENT 00 N ENTREPRENEURIAL STRATEGY 25.00 INTEGRATED MARKETING & DESIGN O O OTHER PROF SERVICES PA-23-03 TAHPAH PARK REHAB 6947.6327 TAHPAH REMODEL 575.00 JETTER CLEAN INC, LAKEVILLE ATTORNEY MAYOR & COUNCIL ATTORNEY ADMINISTRATION ATTORNEY ATTORNEY z z z Q Q J J a a SCHMITZ CASE ATTORNEY Lu V 0 a ATTORNEY EDA MANAGEMENT ATTORNEY EDA MANAGEMENT PROJECT COFFEE TAX ABATEMENT AMPHITHEATER DEVELOPMENT O O O O O O O O m m m m m m m m O O O O O O O O N N n 0-, 00 00 m O O O O O O NI NI V KENNEDY & GRAVEN CHRTD KENNEDY & GRAVEN CHRTD GENERAL PLANNING KENNEDY & GRAVEN CHRTD SCHMITZ CASE KENNEDY&GRAVEN CHRTD DAVIS FIREARM KENNEDY&GRAVEN CHRTD KENNEDY&GRAVEN CHRTD PROJECT COFFEE KENNEDY&GRAVEN CHRTD AMP LAND SALE KENNEDY&GRAVEN CHRTD 0 O O O O O O O O 0 O O L!1 V1 Vl O CD 00 L!7 00 N N 00 CO NI Ln O0 00 LP 0o N m m CO N 7 EQUIPMENT MAINT SUPPLIES EQUIPMENT MAINT SUPPLIES a a 0621.6240 5085 TRACTORS KIBBLE EQUIPMENT LLC 0621.6240 00 N cn KIBBLE EQUIPMENT LLC EQUIPMENT MAINT SUPPLIES RECREATION 0671.6240 BLOWER SKID SHOES KIBBLE EQUIPMENT LLC EQUIPMENT MAINT SUPPLIES RECREATION 0671.6240 00 N m KIBBLE EQUIPMENT LLC CD N Ol 61 1 Lri o0 0 O N O m rn TRAVEL/SUBSISTENCE PARK SERVICES N O O ATTEND FESTIVAL/EVENTS CONF KRESS,CARLA V 0 BUILDING MAINT SUPPLIES SHOWER MIXING VALVE AT FIRE 1 KULLY SUPPLY INC CNI EQUIPMENT MAINT SUPPLIES K a co Ql Ln 431.91 LANO EQUIPMENT INC UNION DUES PAYABLE PAYROLL CLEARING J 0 d' LAW ENFORCEMENT LABOR SERVICES Car UNION DUES PAYABLE PAYROLL CLEARING 0912.2142 SWMDTF - STATE GRANT 8025.6352 LEAGUE OF MN CITIES INSURANCE 00 m O Co M IMPROVEMENTS/INFRASTRUCTURE CIF21-007 CSAH 83 EXPANSION O LO 00 CO O LEDSTAR INC OPERATING SUPPLIES 1- LLJ F 00 0421.6202 STREET SIGNS 59.48 LINK LUMBER INC m N 4- 0 b0 Page 294 of 307 Council Check Register 0 0 Total Amount OPERATING SUPPLIES 0421.6202 TEMPORARY SIGNS LINK LUMBER INC Ln O co O r EQUIPMENT MAINT SUPPLIES 0421.6240 LITTLE FALLS MACHINE, INC CO 00 M COMPUTER SERVICES INFO TECH I.S. FUND 7806.6314 2023 LOGIS SERVICES NETWORK ASSISTANCE PRINTING/PUBLISHING W U 0 a 031 1.6336 BUSINESS CARDS 62/94 LYN-MAR PRINTING OFFICE SUPPLIES ENGINEERING LYN-MAR PRINTING OFFICE SUPPLIES uJ LLI LU CC 0421.6210 LYN-MAR PRINTING O O O 0 0 0 N l0 00 O M LD O O N ZZZZZZZZZZZ00000000(700 2 2 2 2 2 2 2 2 2 2 2 O 0 0 0 0 0 to to 0 0 0 J J J J J J J J J J J DDDDDDDDDDD a a a a a a a a a a a l7 l7 l7 C7 C7 C7 l7 l7 l7 l7 l7 z z z z z z z z z z z HHHHHHHHHH z z z z z z z z z z z CC CC CC CC CC CC CC CC o' NC CC a a a a a a a a a a a INFORMATION TECHNOLOGY 0126.6336 INFORMATION TECHNOLOGY 00 W ▪ W 1- J U w LLJ w J W CC < O a H LU J RECREATION SEWER MANAGEMENT SURFACE WATER MANAGEMENT O O O O O O 0 O 00 M M M M M M M M M M M M M M M M M M M 0 N CO ▪ N M 0 O 0 0 0 0 ▪ 0 ▪ 0 0 N O 0 0 0 0 0 0 0 0 0 0 CC CC CC CC U U U U U U U U U LJ U c CC Ct Ct Re CC Q Q Q Q Q Q Q Q Q Q Q • O lO 00 N M O 7 l0 M M M O 7 7 M N M N 7N N 00 7 7 (Ni u3 00 l0 00 M M l0 l0 0 l0 M l0 LID LO 00 0 M CO M M 0 (13 CO CURRENT USE CHARGES SEWER MANAGEMENT O 00 0 N METRO COUNCIL ENVIRO SERVICES 0 0 O N BUILDING MAINT. BUILDING MAINT. ICE ARENA Lf) 0) m 00 ('01 00 (0- 00 C. O METRO ELEVATOR INC ELEVATOR CONTRACT METRO ELEVATOR INC O 0) BUILDING MAINT. COMMUNITY CENTER Lfl 00 0 O TRACK ELEVATOR REPAIR METRO ELEVATOR INC DENTAL INSURANCE PAYROLL CLEARING 0912.2162 METROPOLITAN LIFE INSURANCE CO 0 0) EQUIPMENT MAINTENANCE Lu Lu BUCKET REPAIR MID COUNTY FABRICATING INC OPERATING SUPPLIES 0621.6202 65.00 MID COUNTY FABRICATING INC m N 4- O N N bO Page 295 of 307 Council Check Register .0 O 0 0 O C a w O 0 Total Amount C. O LN BUILDING MAINT SUPPLIES COMMUNITY CENTER POOL FEATURE REPAIR 447.44 MIDWEST PLAYSCAPES INC OPERATING SUPPLIES cc TANK RENT MINNEAPOLIS OXYGEN CO M L7 OTHER PROF SERVICES ENGINEERING 0411.6327 Lri 0 ui SOFTWARE - ANNUAL FEES SOFTWARE - ANNUAL FEES O O O O V1 O N O Ln Lri N OPERATING SUPPLIES W U 0 a GUN PERMITS MN CHIEFS OF POLICE ASSOC O CO UNION DUES PAYABLE PAYROLL CLEARING Tr rn O MN TEAMSTERS #320 O Tr N r 0 N n OTHER PROF SERVICES EDA MANAGEMENT ENTREPRENEURIAL STRATEGY MOMENTEUM STRATEGIES • 00 VI VI Ln 00 UUUUUU CC • CC • CY • C > > W w W w W W VI VI VI 00 00 Ln z • z • z • z z z a • a a a a a W w W w W W UUUUUU VI Ln Ln W w W ›- ▪ CC J J J Q Q Q Q m LL LL LL J O M O CO PUBLIC WORKS 0181.6326 CITY HALLL POLICE STATION 0182.6326 cc K O] J COMMUNITY CENTER PARK SERVICES 0675.6326 W UULJU U ZZZZZZ Ln Ln Ln Ln Ln Ln W W W W W W U UUUU U rm • cc cc cc ce W w W w W W VI) vi IQ Li.) 'id Ln FFFFFF DDDDDD O O O O O O 0 0 O co O O O O O 0 0 O N N V1 4 W n r • N CO N Tr O N O O N N M N N Ni Oi EQUIPMENT MAINTENANCE SWMDTF - STATE GRANT 8025.6316 VAN BRAKES NAPA - SWMDTF V Tr VI V 00 00 Ln VI VI W W W W W W W J J J J J J J LL LL 0- LL W LL W DDDDDDD VI V 00 00 Ln Ln 00 Z Z Z Z Z Z Z z z z z z z z W W W W W W W 2 0 0 a LL W 2 0 0 LL 2 a LL W DDDDDDD oaaaaaaa w W W W W W W U U U w w Y Y J J ce cc cc a 0- OLL 00 VI aLL aW N 1- 71- c N N N N N N N O O O O O O N N N N m m m O 0o O O O O O O C. o in in c n 00 o N M N N NE PARTS CO NE PARTS CO NE PARTS CO NE PARTS CO NE PARTS CO NE PARTS CO NE PARTS CO NAPA GENU NAPA GENU NAPA GENU NAPA GENU NAPA GENU NAPA GENU NAPA GENU N O O O V 2 0 V1 01 01 N Ln M O O N 00 Page 296 of 307 Council Check Register 0 C O 0 C a16 x w LIFE PAYABLE PAYROLL CLEARING 0912.2136 NCPERS GROUP LIFE INS O O w TZD OUTSIDE AGENCIES POLICE GRANTS 0359.4411 20.608 TZD- DUI CFDA#20.608 NEW PRAGUE, CITY OF O N 00 O 00 N EQUIPMENT RENT COMMUNITY CENTER 0674.6420 NORTHLAND CAPITAL O rn m O O ui COCO M EQUIPMENT RENT uJ LL 0321.6420 NORTHLAND CAPITAL O 0 O n O EQUIPMENT MAINTENANCE CAR WASH 0450.6316 CAR WASH EQUIPMENT MAINTENANCE CAR WASH 0450.6316 CAR WASH PM CC CC Q Q F H In VI Z Z O O O O O O 00 00 O BUILDING MAINT. 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SATTERTHWAITE, CORTNEY Page 298 of 307 Council Check Register 0 0 U 7 E 0 TZD OUTSIDE AGENCIES POLICE GRANTS 20.608 TZD- DUI CFDA#20.608 4,391.87 SAVAGE, CITY OF 1 0, FINES & FORFEITS DWI FORFEITURE 23006057 SCOTT 150.00 SCOTT CO ATTORNEY'S OFFICE O TZD OUTSIDE AGENCIES POLICE GRANTS 0359.4411 20.608 TZD- DUI CFDA# 20.608 3,516.93 SCOTT CO SHERIFF M COCI M SOFTWARE - ANNUAL FEES RECREATION O N O 432.00 SENSOURCE ✓ _V V V V V V V U V U V V V V V ic cc cc g F- cc E- cc E- cc cc cc cc 2 1- H- cc cc uj cc uj uj cc 2 2 H- c H cc H w O w H 0 W W W W W W H H w 0 V U V ▪ H H H H 0 0 w w w w w w )Hi) w vwi v~i w w J w J w LLJ O w ▪ J w>> LLJ 5 5 n VI Ln 1/1 w w J w w ✓ I w w H H c[ c[ c[ c[ w Lu Lu w Lu w Lu w Lu Lu H H H H H J J Q g g g U U U U V U U U U U W W W W W U U LL+ J J J J J J J J J J W W W W W W W W W W W 00 LU UJ U cc Q Q m 00 CO CO 0 0 0 0 0 0 0 0 0 0 CC Ct CC CC CC CC CC CC CC CC CC I H I H H Ll LL J J J J LL LL CL LL CL LL LL 0_ LL LL LL LL LL L.L LL L.L LL LL LL LL L.L V) V1 V) V1 V) N 00 N O CO NI NI O CO NI N N LO O CO 00 NI NNNN O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m rn m M m m m Cr) m m M M M m M m m M m on on on M m M M m m m m (.1 M a o 0 0 o O 0 o 0 LO )o 10 I0 00 O O 00 )9 00 00 0 10 O)9 O O O O 00 N NI N N CO CO CO 00 CO CO N N N N N N N N N N N N N N N N m m m M M M M rn M m m M M m cn cn M m cn rn cn • 4 4 4 4 O O O O O O O O O O O 0 O O O 0 O 0 O O O O O 0 O 0 O O O O O O 102580002 102580002 NI N N N O 0 CD CD CD CD O O 0 0 Cr O O ID O O CO 00 00 00 NI 0 0 0 0 01 0, 0) (7) 0 O 0, 0, Cr) 0, 103286001 N M N N N O 0, Ln O T on on O O O O O — O — O O O O O O O O O O NI 0 O 0 0 O O 0 O O 0 O 0 O 0 0 0 0 0 0 O N O O O LC) O O O 0 = O O 0 = Ln O CO M O O O 0 O 0 0 0 ITT. n i!) n O 4 n ▪ n n O V) M M O 00 Ln Ln I) V) Ln Ln 01 0, 01 M O O 4 0) 4 0) O co O Ln O 0 0 0 M M N M M M NI N N N Cr Cr N cr NI N O N 0, 0) 0, 0 0, 0) 0, 0 0 0 0 0 0, 0, 0 0, 0 0 0 0 0 0 0 0 a, on .— o, on on 0, 0, 01 • v, m m m un m m m I m Vi m V1 V) V) ut Vi V) V1 V1 V) V) V) w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J I- I I- I I I I I- I I- I I- I I I- I I- I I I I I- I I- I I I I I- I I- I DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U V J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J CO CO 00 CO CO CO CO CO CO 00 CO CO CO CO CO CO 00 CO CO CO CO CO 00 00 m on m CO CO CO m CO D D D D 7 D 7 7 7 D D D D D D D 7 D 7 D D D D D D D D D D 7 D 0 D_ 0_ 0_ 0_ 0_ 0_ 0_ D_ 0_ 0_ 0 0- _ 0 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ D_ 0 0_ 0 0 0 0_ 0_ 0_ 0_ 0_ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w Lu Lu w Lu w Lu w Lu Lu w Lu w Lu w Lu Lu w Lu w Lu w Lu Lu w Lu w Lu w Lu Lu w Lu LL LL LL LL D_ LL D_ LL CL LL CL LL LL 0_ LL LL LL D_ 0_ LL LL LL CL LL LL LL LL 0_ LL D_ LL O_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y S S S S S S S S S S S S S S S S S S S S S S S SIMMS III V1 V) V) V) V1 V) V) V) V) V) V) V) V1 V) V1 V) V1 V) V1 V) 011 V) ul V) V) V1 V1 V) V1 V) V1 V) o h N N N V) 0 0 O 0 N 0 00 O 0, • N CO cr O, 00 O LO ▪ M 0, CO N O 0 V1 V) Cr) r 1) 0 0 0 0 N O N N ID Ln 1) N 00 I) N 0) ID ▪ 0, O O Ln 0 r O, N O CO 0, O W CO O O O 6 O 00 O 06 4 — W N 4 00 O M O M O Ln 00 N M 0) 00 4 N 0, 0, ▪ V1 CO .— O M M 00 00 V1 • I, Vl Ln O O • O N N V N m N 4- O LO bO Page 299 of 307 Council Check Register 0 0 O Q m N 4- O N N bO 0 V V V V U U U U U U V U U U U U V U U U U U V UULJUOUVU U U U U V cc cc Y Y cc CC CC Y Y lY Y Y cc 0< cc cc Y )Y Y Y Y Y Y Y cc 0r Y 0< )Y CC Y Y Y Y Y )Y cc Y cc 0r Cr CC Y CG H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H w W W w W U U U U U U U U U U U U U U U U U U U U U U U U U (JU U U U U U U U U U U U (3 H H H H W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W < < < Q J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J > > > W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W K cc Y cc cc K CC K CC K tY H CC Y cc cc H K Y cc H lY E- H CC Y cc H d' CC Y cc H )Y H )Y cc H cc H cc 0< K CC H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H VI VI V1 VI VI V1 V1 V/ VI VI VI VI V1 VI V1 V) VI VI VI V1 V) VI VI VI VI VI V) V) VI V) V1 V) V) N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d-d-d-d- O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m m m m rc1 m m m m m M M m m m m r+1 m m m on m m M m M m m m m n-m m m m Cr M m m fr1 m c+1 m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N fV N O O O O O O O O 0 O 0 O 0 O O O O O O O 0 O O O 0 O O O O 0 O O O 0 0 O O O O O O O 0 0 Page 300 of 307 N M 4 N M N O O O O O O O O O O O O O O. N d- V1 O I's CO d- CO M I9 00 V1 O I9 00 0 00 0,-,r O O O N 0 0 CDO CD CD CD 0 CDO CDO O CD CDO O CDO CD CDO N N M M M 'q • .- Vl V1 O O 0 0 O O 0 d- 01 h N V1 I9 r V1 I9 N N N N O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O I4 N O 0 N ill O N O 0 O 0 0 0 O I, n M O O O O O O O O O O O O O O O O O O O 01 M M r, O 00 O M M d- Vl N O 00 CO V1 Vl 1-1-1 1.11 V1 1/1 V1 1-11 V1 V1 V1 V1 V1 Vl V1 Lc) V1 V1 V1 N 01 01 01 N N d- V1 N N (1n M Cr V1 V1 0 M M M M ▪ O M M M M M M M M M M M M M M M M M M M ▪ 1- V1 V1 O O. M 0 0 O O O O O (Y1 M (v1 M M ▪ M O O, O, O 01 01 01 01 01 01 01 01 O 01 O O rn 01 01 01 01 01 01 01 01 O M 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 O 01 01 01 V) V1 V) V1 V) V1 V1 V1 V1 VI V1 V1 V1 V1 V) V1 V) V1 V1 V1 V1 V1 V1 V1 V1 V1 V1 V1 V) V1 V1 V) V1 V1 V1 V1 V1 V) V1 V) V1 V1 V1 01 W LV W w W w W W LV W w W w W W LV W w W w W W LV W w W w W W LV W w W w W W LV W w W w W W LV H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H V U V U U V V V V V V V V V V V V V U V V V V V V V V V U V V V U V V V V V V V V V V J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J 03 CO CO CO CO CO CO CO CO CO CO CO 03 CO CO CO CO 00 CO CO CO CO m CO CO CO on CO m CO CO m m m CO CO CO CO CO CO CO CO CO CO 0_ 0 0_ 0 0_ 0_ 0_ 0_ 0_ 0 0_ 0 0_ a 0 0 0_ 0 0_ 0_ 0_ 0 CL 0 0_ 0_ 0_ o_ 0_ 0 0_ CL 0_ 0 a 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ a W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w W w W w W W w 0_ CL 0_ a 0_ 0_ a 0_ CL CL CL 0 0_ a 0_ CL 0_ a a 0_ a CL a 0 0_ 0 0_ a 0_ CL 0_ a CL CL a 0 0_ 0 0_ 0_ 0_ a 0_ a O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y < Q < < < < < < < < < < < < < < < < < < < < < < Q < < < < < < < < < < < < < < < < < < < S S S S V) S S V) S S VI S S S S S S S S V) S S S VI S S S S S S S S S S S VI S S S S S S S S In V1 01 V1 V) V1 V1 01 In VI In V1 01 V1 V) V1 0) V1 V) 01 V1 01 V1 In 01 1n 01 V1 V1 N V) 01 V1 V1 V1 In V1 In In VI 01 V1 V1 V1 I� M V1 V1 'q 0 0 t 01 ▪ O I. m l0 04 r r O I4 M M 00 N O N ▪ O I4 N N 01 0 00 00 V1 O N M 0 00 M V1 CO - O N 01 Vl 01 O 01 M N. V) M N M N V r N r I\ M O N 61 N O N M r O O a- O O O O O M O O N N V 01 61 01 O M V7 00 I4 Vl 4 O CO O O O 00 M Vl I) 4 Ni I� O O M CO V1 O W CO O 01 M 4 00 004 00 O M O ▪ N O 01 00 r M 0 O CO 0 0 0 V1 CO • N N VI N N I, N V1 N N N m N N 01 V1 V1 m M O f✓1 O Ni Council Check Register 0 O C N m N 4- 0 00 N bA 0 U U U U U U U U U U U U U U U U U U U U U U U U U CC CC CC CC Y 0- 00 00 00 Ix cc cc cc cc cc cc cc cc cc 00 cc cc cc cc cc cc cc cc cc cc=== ce se 00 00 00 00 00 00 00 w W W W 0 H LU LUH H H H H H H H H H H H H H H H H H H H H H H H LU LU LU LU LU LU LU LU LU LU LU LU H H U H UUUUUUUUUUUUUUU U U UU U U U UU 1— 1— 1— 1— 1— 1-1— 1— 1— 1— 1— H Q >Q uJ uJ O J >• Q> LUJ J J ▪ J J J J ▪ J ▪ J ▪ J ▪ J J J J J J J ▪ J J J J J J J >▪ Q Q ¢ Q Q Q Q Q Q Q Q Q L/1 m V1 W > Vl W W W W W W W W W W W W W W W W W W W W W W W W > > > > > > > > WHHHH W W W W K cc cc cc cc 00 VI VI TRUCK WASH TRUCK WASH TRUCK WASH Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y � K tY [C CC cc cc cc cc CC cc CC CC K [C [C CC cc cc cc w' CC cc CC K K K cc cc K cc cc cc CC K CC w w w a a a a w a w w w w w w a a a a w a w w w w w a a w a a a a w w w d-d-iO iO N N d-iO N N N N N N N N N N N N N N N N N N N N N N N N d-d-d-d-d-d-d-d-d-d-d-d- O O O O O O O O O O O ▪ O O O O O O O O O O O O O O O O O O O O O LO O O O O O O O O O O m m m m rc1 m M m M m M M R1 M m m 01 m m m 01 m m M m M m m m m m m m 01 01 M m m m m m M m m 0 0 00 o 00 00 a 00 a Lo 0o 00 00 o 00 00 a 00 a LO La 00 01 O 0 0 0 0 O O w a 0o 00 00 o La a N N N N V1 Ln V1 N N N N N N N NI N l"V N N N N N N N N N N N N N cV N N N N N N N N [V N N N O O O O O LO O O O O O O O O O O LO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Page 301 of 307 N N - N M N M N O N M M 0 O LE 0 O O O O O N O M V1 0• N VD61 N • O 0 0 O 0 O 0 O O N 0 N d- d - O 0 0 0 0 0 0 0 0 0 O 0 O 0 0 O 0 O N N N M M M M 0 O 0 0 0 0 0 0 O 0 O CD I,0 0 0 0 0 1- a1 a)n O 4 LV 61 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- 0- 61 4 V M 01 0 0 0 0 O M MMMMM d O d- d- O 01 Cr, I, O O O O O O O O O O O O O CO ▪ d O O N. O O O L n a1 N a1 a1 a1 a1 a1 - Ti- 0- V1 00 Lf1 O O O 00 L.n Ln L(1 V1 Lf1 V1 Ln Ln V1 L(1 V1 01 7 M V1 Ln O 00 L(1 L(1 V1 M V1 0 V1 Ln Ln Ln Ln 0 0 N N M M V1 Cr, Cr, O M M 01 M M M M M M M M M I, O 0 0 N N N V1 Ln O M M M a1 O a1 01 O, a1 01 O O O O O O O O O O 01 a1 01 01 01 01 01 a1 01 O O a1 051 a1 O O O O O O O O O O O 01 01 01 — 01 T 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 V) V1 V1 1n V) 111 V1 V) V1 V1 V1 V1 In M M M M 1n N M N U1 M In Ln In V1 In M N M M V1 M ul M In Ln N M N M LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU LU H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H J J J J JJJJ J J J JJJJ J J J JJJJ J J J JJJJ J J J JJJJ J J J JJJJ J H I— H I— H H H H I— H I— H H H H I— H I— H H H H I— H I— H H H H I— H I— H H H I— I— H I— H H H H I- U U U U U U U U U U U U U U U O U U U U U U U U U U U U U U U U U U U U U U U U U U U J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J 03 CO CO CO CO CO CO CO CO CO CO m on 00 m m 00 00 00 m 00 CO m CO CO m on m on m m m m m CO m m CO CO CO CO CO CO m 0_ W 0 0_ 0 11 a 11 W a 0_ 0 0_ a 0 W 0 0 0 11 W 0_ W 0 0_ 0_ 0_ a 0_ W 0 0_ CL 0_ W d a 0_ 0_ 0_ 0_ a 11 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w W W W w W w w W W W w W w w W W W w W w w W W W w W w w W W W w W w w W W W w W w w CL w CL a 0 a w a w CL w 0 a a CL w 0 a a a w CL w 0 a CL a a CL w a w a CL a CL w CL a CL 0 w a w O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y < Q < < < < < < < < < < < < Q < < < < < < < < < Q < < < < < < < < < < < < < < < < < < < S S S S S S S S S S S S S S S S S S S S S S S S S S S S S V1 S S S S S S S S S S S S S V1 In N In In Ln In !n In In In U1 In U1 1n In (n In In Ln In !n (1 V1 U1 N !n In 1n In N In V1 (1 In V1 U1 N In I/1 !n In !n In V1 V) 01 M M • N M O N M 0)1 M V1 M O M O • V1 M N ▪ N 0- M M 0 M M 00 V1 00 O 00 CO 00 O O 00 M W 4 O • V1 N CO N - 01 N r N VI V O N V N N CO ▪ N CO N N N N 00 V 00 Vl N M N 0, O N M O N al al M n 00 M 0- M 4 M 00 Ln 01 al N Ln Vl O O N Vl 0- O O Ln M Ln Ln M 0- N N 00 O 00 4 O 00 Ln O 00 7i `- 01 01 ▪ 0- M ▪ Ln M fvl M M V1 N N O N !x1 n — N 01 CO CO O N M M O V1 N m M Council Check Register 0 0 O 0 C _cup. w O 0 N 0 O E O(6 m N 4- 0 N b0 0 U _U U U U U CC CC CC CC CC CC CC CC - Y cc cc cc 5 Fc cc cc 2 H F H F H H H H F H F H H w w w w w Y Y Y Y Y Y U U I- H "' U F "' Y U LU "' U LU j u a a a a a a a a a a a a a LU LU LU LU UJ 0 0 0 O O O J J a a 00°- - UJ I- J> UJ I- J 3 LU 00 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y K cC cC cC cC K Y [C OC cC ce cC roC CC cC CC CC K [C [C a0aaaa0a00a0a000aaaa0a00 s s s s s s s s s s s 4 N N N N N N N N N N fV N fV N N N N N N N N N N N O O O L9 O O O O O O O O 0 0 O 0 O 0 0 0 0 0 0 O 0 0 O 0 0 0 O 0 0 0 0 O SANDVENTURE POOL 0672.6362 V1 I, — N M 01 O V1 LSD O O - O O O I, — O O O O N. 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ANNUAL FEES 00 U 0 00 CLEAR FOR POLICE DEPARTMENT 625.26 THOMSON WEST CO N N CO EQUIPMENT MAINT SUPPLIES 0421.6240 SK1096B SNOW BUCKET 2,068.87 TITAN MACHINERY SOFTWARE - ANNUAL FEES SEMI-ANNUAL SIEM/SOC TRUE NORTH CONSULTING GROUP SOFTWARE - ANNUAL FEES APRIL SIEM AND SOC TRUE NORTH CONSULTING GROUP 1- O O co O O 0 O N N N 00 n SOFTWARE - ANNUAL FEES BUILDING INSPECTION 0333.6410 TYLER WORK ON PERMITS 3,500.00 TYLER TECHNOLOGIES O N M OPERATING SUPPLIES OPERATING SUPPLIES 00 00 v u a a EVIDENCE SUPPLIES 40.50 ULINE 0311.6202 EVIDENCE SUPPLIES WRONG ITEM (40.50) ULINE O O 00 0 0 MAYOR & COUNCIL 0 00 0 HWY 169 COALITION DUES 1,500.00 US HWY 169 CORRIDOR COALITION Page 304 of 307 Council Check Register 0 0 Total Amount 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 VI 00 00 00 00 00 w 00 w 00 00 w w w w w w 00 00 w 00 w w w 00 00 w OUVUULJUU U V U V U V V U U U U U U > > > > > > > > > > > > > > > > > > > > > 0 CC 00 00 CY CC CY CC CC CC 00 00 CY 00 CY CC CY 00 00 CC w 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Ln VI VI Ln VI VI VI v) LO CO CO VI v) VI VI VI Ln Ln LL LL LL LL L.L LL LL LL LL LL LL LL L.L LL LL LL LL LL LL L.L LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 K cc 0- CC a a LL a LL a LL a LL LL LL LL LL a LL a LL a a LL w 00 w 00 00 w 00 w w w w 00 00 w 00 w w w 00 00 w I I I I I I I I I I I I I I I I I I I I I HHHHHHHH H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 uJ U LU uJ LJ- ENGINEERING H Lu H w LLU u CY 0 00 LL RECREATION COMMUNITY CENTER r N N N N N N N N N N M M M M M M CO M L0 L0 L0 00 00 0) L0 CO 00 LNO L0o L0o 0 0 0 0 0 0 0 0 UUULJULJUU J J J J J J J J J J J J J J J J J J VIJ VI VI VI VI J J J Q Q Q Q Q Q Q Q z z z ZZ z z z W 00 W 00 00 W W W ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LU CC CC CC CC CY CC CY U U V U U U U U ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ w 00 w 00 00 w w w LL LL LL LL LL LL LL LL CC 00 CC 00 00 CC CC CY > > > > > > > > O 0 0 LO 0 0 0 0 O O In O M Ln Lf) O () O O 00 M N: O O O o I, N N (SD Lfl 70 Lfl 7 N ADMINISTRATION INFORMATION TECHNOLOGY 0126.6327 INSPECTION ENGINEERING RECREATION SEWER MANAGEMENT SURFACE WATER MANAGEMENT 0 0 0- N 0- 0 0- N N N N N N N N N N N M M M M M M M M M M M LO ID (0 LO LO t0 L0 L0 L0 L0 (0 CO 00 m m ‘.0 '9 0- 0 0 0 0 0 0 0 0 0 0 0 0 H H H HHHHHHHHHH LL LL LL LL LL LL LL LL LL LL LL LL LL w w w w LL w LL w w w w LL w J J J J J J J J J J J J J LL LL LL LL LL LL LL LL LL LL LL LL LL V V V w w w 00 w w w w w w 00 w w z z z z z z z z z z z z z z z z z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 V V U U V U U U V U U V z z z z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 NJ N N N N N N N N N N N N CC CC CC CC CC CL CC CC CC CY CC CC CC W W W W W W W W W W W W W > > > > > > > > > > > > > 0 0 (0 N Ln 00 0- 0 0 00 V) 00 L!) N r 00 00 01 CO CO N N CO N 00 00 O 4 LO Ni l0 M 0- 00 l0 O M L!) 0 M 00 C0 M 0 0 0 0) 0 CD N OTHER PROF SERVICES SWMDTF - STATE GRANT 8025.6327 205.37 VERIZON WIRELESS 1- O N TRAVEL/SUBSISTENCE w V z z Z LL Ll) 0 MARCH MILEAGE WECKMAN, KIM Lri N BLACKTOP FOR POTHOLES. WM MUELLER & SONS WM MUELLER & SONS 0 O LO LO LMl) 0- BLACKTOP FOR POTHOLES. WM MUELLER&SONS BLACKTOP FOR POTHOLES. WM MUELLER&SONS OTHER PROF SERVICES ENGINEERING WSB & ASSOC INC OTHER PROF SERVICES ENGINEERING WSB & ASSOC INC IMPROVEMENTS/INFRASTRUCTURE CIF22-002 TH 169 PED. BRIDGE WSB & ASSOC INC 0 0 O 0 LD 0 O 0 O LI) O 4 a CON (0 Ni N 4- 0 N (- 0) b0 Page 305 of 307 Council Check Register 0 Total Amount V lJ w J W HWY 101 ST/TRAFFIC LIGHTS 501.61 XCEL ENERGY EQUIPMENT MAINT SUPPLIES cc a Ln 153.80 ZIEGLER INC O O O 976,949.97 GRAND TOTAL m N 4- 0 m N N b0 Page 306 of 307 Funds transferred electronically April 5, 2023 to April 18, 2023 PAYROLL $417,902.44 FIT/FICA $115,375.47 STATE INCOME TAX $25,439.99 PERA $118,488.73 HEALTH CARE SAVINGS PLAN $96,353.97 HEALTH SAVINGS ACCT $12,842.59 NATIONWIDE DEF COMP $13,922.35 MISSION SQUARE $3,133.36 MSRS $7,464.65 JOHN HANCOCK $2,191.35 Tax Levy (MN Revenue) $100.20 Child Support $297.18 ALERUS $108.01 Medica $0.00 AFLAC $0.00 NIS $0.00 Total $813,620.29 Page 307 of 307