HomeMy WebLinkAboutMay 05, 2026 - Council PacketPliaill
SHAKOPE E
Shakopee City Council Regular Meeting
Tuesday, April 7, 2026
7:00 PM
City Hall, 485 Gorman Street
Vision: Shakopee is a distinctive river town with a variety of business, cultural, and
recreational opportunities in a safe, welcoming, and attractive environment. Our vision
is for Shakopee to continue being the place people want to live, work, and play!
Mission: Our mission is to deliver high quality services essential to maintaining a safe
and sustainable community. We commit to doing this cost-effectively, with integrity and
transparency.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Special Presentations
4.a Minnesota Valley Transit Authority Annual Update
5. Approval of Agenda
6. Consent Agenda
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these unless a council member or staff requests, in which event the item will be removed
from the consent agenda for separate discussion & action.
6.a Traffic Enforcement and Direction Ordinance
6.b Authorize Final Acceptance and Payment for the 2025 Bituminous Pavement
Rehabilitation Project
6.c Declare amounts, order the preparation of proposed assessments, set a public
hearing date for delinquent false alarms & mowing services bills.
6.d Approve a Temporary Liquor License for the Shakopee Chamber of Commerce
1
6.e Approve the Purchase of Light Poles for the Old Carriage Court Corridor
Improvements Project
6.f Award a Contract for Phase III of the Downtown ADA, Lighting and Tree Rehab
Improvement Project
6.g Approve the Wetland Sequencing for the Southbridge Crossing Garden Center
6.h Approve plans and authorize bidding for the 2026 Safe Routes to School (SRTS)
Infrastructure Improvements
6.i Approval of the 2026 Concession Agreements
6.j Accept Donation from Shakopee Soccer Association, Resolution R2026-052
6.k 2026 Trail Sealcoating
6.1 JCI Shakopee Donation
6.m Parks & Recreation Special Event Donations
6.n Approval of the March 17, 2026, City Council Minutes
6.o Approve a Cooperative Agreement with the DNR for inclusion of Shore Fishing
elements with the Minnesota Riverbank Stabilization Improvements
6.p Proposed Modifications to Schleper Field
6.q 2025 Year-end General Fund Transfers
6.r Approve Local Funding Commitment for the Minnesota Riverbank Stabilization
Project
6.s Venue Control & Traffic Control Services Agreement with Live Nation for Mystic
Lake Amphitheater
6.t Tree Planting - Eagle Scout Project Approval
7. Public Comment
Individuals may address the City Council about any item not on the regular agenda. Speakers are
requested to come to the center table, state their name and address for the clerk's record, and limit their
remarks to three minutes. The City Council will not take official action on items discussed at this time, but
may refer the matter to staff for a follow up report or direct that matter be scheduled on an upcoming
agenda.
8. Business removed from consent agenda
9. Recess for Economic Development Authority Meeting
2
10. Reconvene
11. General Business
11.a APPEAL of Board of Adjustment and Appeals Decision on Revocation of a
Conditional Use Permit at 8610 Hansen Avenue
11.b APPEAL of Board of Adjustment and Appeals Decision on Revocation of
Conditional Use Permit at 1555 Maras Street.
11.c APPEAL of Board of Adjustment and Appeals Decision on Revocation of a
Conditional Use Permit at 1515 Maras St.
11.d Final Plat of Southbridge Crossings Seventh Addition
11.e Amendment to Shakopee Public Utilities Franchise Agreement for Large Power
Users
12. Reports
Liaison and Administration
12.a City Bill List
12.b News and Announcements
13. Other Business
14. Adjourn to April 21, 2026, at 7:00 pm
3
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 4.a
April 7, 2026
Minnesota Valley Transit Authority Annual Update
Rick Parsons
Action to be considered:
N/A
Motion Type:
Informational only
Background:
This is a presentation of the annual update by Minnesota Valley Transit Authority. Luther
Wynder, Chief Executive Officer of the Minnesota Valley Transit Authority, will be
presenting.
Recommendation:
N/A
Budget Impact:
N/A
Attachments:
Shakopee City Council PPT.pdf
4
SHAKOPEE CITY COUNCIL 2026
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INTRODUCTIO
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Luther Wynder
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1
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.a
April 7, 2026
Traffic Enforcement and Direction Ordinance
Derek Nordtvedt, Captain
Action to be considered:
Amending Chapter 70 of the Shakopee City code by adding section 70.08 dealing with
Traffic Enforcement and Direction
Motion Type:
Simple Majority
Background:
This will allow city employees and volunteers who are not licensed police officers to direct
traffic as long as they are under the direction and control of a licensed police officer.
Recommendation:
Approve
Budget Impact:
None
Attachments:
O2026-007 Traffic Enforcement Ordinance.docx
19
ORDINANCE NO. O2026-007
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 70 OF THE SHAKOPEE CITY CODE BY ADDING SECTION 70.08 DEALING
WITH TRAFFIC ENFORCEMENT AND DIRECTION
The City Council of Shakopee, Minnesota ordains:
Section 1. Chapter 70 of the Shakopee City Code is amended to add Section 70.08 to read as
follows:
70.08 Traffic Enforcement and Direction.
The police department will enforce the provisions of this chapter and the state traffic laws. Police
officers are authorized to direct all traffic in conformity with this chapter and the state traffic
laws. During a fire or other emergency or to expedite traffic or safeguard pedestrians, police
department personnel may direct traffic contrary to those laws, as conditions require. Fire
department personnel may direct, or assist the police in directing, traffic at a fire scene or in the
immediate vicinity. The chief of police may authorize city employees and volunteers who are not
licensed police officers to enforce parking regulations and direct traffic as long as those
personnel are under the direction and control of a licensed police officer.
Section 2. Effective Date. This ordinance becomes effective from and after its adoption and
publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held on the 7th
day of April, 2026.
Mayor of the City of Shakopee
Attest:
City Clerk
20
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.b
April 7, 2026
Authorize Final Acceptance and Payment for the 2025 Bituminous
Pavement Rehabilitation Project
Alex Enyi, Project Coordinator
Alex Jordan, City Engineer
Action to be considered:
Adopt Resolution R2026-046, accepting work on the 2025 Bituminous Pavement
Rehabilitation Projects, CIF -25-001, CIF -25-002, CIF -25-003, PA -25-01, PA -22-10 and BA -24-
005, and authorizing final payment in the amount of $81,683.89.
Motion Type:
Adopt
Background:
On April 15, 2025, the City Council adopted Resolution R2025-047 accepting the bids and
awarding the contract for the 2025 Bituminous Pavement Rehabilitation Project to
Northwest Asphalt, Inc., of Shakopee.
All of the improvements have been constructed in accordance with the contract
documents. Attached is the Certificate of Completion showing the original contract
amount of $2,958,669.44 with actual final costs of $2,742,375.97. All required project
documentation has been received and is compliant. Final payment to Northwest Asphalt
Inc. in the amount of $81,683.89 will be issued once approved.
Recommendation:
Adopt Resolution R2026-046
Budget Impact:
The total estimated final project amount is $3,158,438.94. This project is funded by the
Capital Improvement Fund, (CIF), Special Assessments, Storm Drainage Fund, Sanitary
Sewer Fund, Shakopee Public Utilities, Park Asset Fund and Building Fund. The following
table provides a summary of the costs and funding amounts comparing the estimated
bid award budget versus the final project costs.
Cost and Funding for 2025 Bituminous Pavement Rehabilitation Project
21
Estimate Based on Bid
Award
Based on Final Project
Costs
COSTS
Construction Cost
$ 2,958,669.44
$ 2,751,600.97
Streetlighting ng
$ 21,000.00
$ 9,600.00
Chip Seal Coat
$ 50,175.16
$ 55,171.97
Contingency
$ 166,641.45
$ 0.00
Subtotal
$ 3,196,486.05
$ 2,816,372.94
Engineering/Legal/Admin
$ 407,066.00
$ 342,066.00
Total Project Cost
$ 3,603,552.05
$ 3,158,438.94
FUNDING
Capital Improvement Fund
$ 3,015,912.43
$ 2,758,314.93
Special Assessments
$ 96,542.18
$ 82,942.33
Storm Sewer Fund
$ 75,571.02
$ 53,953.14
Sanitary Sewer Fund
$ 33,172.84
_ $ 29,428.68
Shakopee Public Utilities
$ 2,074.24
$ 1,944.24
Park Asset
$ 172,622.95
$ 47,487.05
Building
$ 207,656.29
$ 184,368.57
Total Funding
$ 3,603,552.05
$ 3,158,438.94
Attachments:
CERTIFICATE OF COMPLETION - 2025 Pavement Rehab Project.docx
Resolution_R2026-046.docx
22
CERTIFICATE OF COMPLETION
CONTRACT NO(S): CIF -25-001, CIF -25-002,
CIF -23-003, CIF -24-004,
PA -25-01, PA -22-10, BA -24-005
DATE: March 26, 2026
PROJECT DESCRIPTION: 2025 Bituminous Pavement Rehabilitation
CONTRACTOR: Northwest Asphalt Inc.
1451 Stagecoach Road
Shakopee, MN 55379
ORIGINAL CONTRACT AMOUNT $ 2,958,669.44
QUANTITY CHANGE AMOUNT $ -0-
CHANGE ORDER NO. 1 THRU NO. 2 AMOUNT $ 13,817.30
FINAL CONTRACT AMOUNT $ 2,742,375.97
LESS PREVIOUS PAYMENTS $ 2,660,692.08
FINAL PAYMENT $ 81,683.89
I, hereby certify that the above described work was inspected under my direct supervision and
that, to the best of my belief and knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications approved by City Council.
I, therefore, recommend above specified final payment be made to the above named
Contractor.
Micah Heckman
23
RESOLUTION R2026-046
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING WORK
ON THE 2025 BITUMINOUS PAVEMENT REHABILITATION PROJECT
WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 15, 2025,
Northwest Asphalt, Inc., has satisfactorily completed the 2025 Bituminous Pavement Rehabilitation
project in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS: The work completed under said contract is hereby accepted and approved.
BE IT FURTHER RESOLVED AS FOLLOWS: The City Clerk and Mayor are hereby directed to issue
a proper order for the final payment on such contract in the amount of $81,683.89, taking the
contractor's receipt in full.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
Matt Lehman,
Mayor of the City of Shakopee
ATTEST:
Richard Parsons,
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
24
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.c
April 7, 2026
Declare amounts, order the preparation of proposed assessments, set
a public hearing date for delinquent false alarms & mowing services
bills.
Kim Weckman, Accounting Clerk
Nathan Reinhardt, Finance Director
Action to be considered:
Adopt Resolution 2026-043, a resolution declaring the amount to be assessed, ordering
the preparation of proposed assessments, and set the public hearing date for delinquent
ordinance services.
Motion Type:
Simple Majority
Background:
The city routinely certifies past due bills for collection with property taxes. To date, the
city has been unable to collect $980.00 for a false alarms and $1,670.00 for delinquent
mowing fees. The city will charge an additional $25.00 administrative fee if the
delinquent assessments become levied to cover the city's administrative costs.
Recommendation:
1. Assess all delinquent false alarm and lawn mowing customers
2. Set the public hearing date of May 5, 2026
3. Beginning May 6, 2026 a city administrative charge of $25.00 will be added to unpaid
balances
Budget Impact:
The $25.00 delinquent charge would be revenue to cover the administrative costs;
therefore, there is no impact on the budget.
25
Attachments:
R2026-043 Set Public Hearing Ordiance Services 04-07-2026.pdf
Cncl List.pdf
26
RESOLUTION NO. R2026-043
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA DECLARING THE
AMOUNT TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED
ASSESSMENTS, AND SETTING THE PUBLIC HEARING DATE FOR DELINQUENT
ORDINANCE SERVICES
WHEREAS, the City of Shakopee performed mowing services and false alarm services
on certain private property and bills for said services are delinquent and collectible pursuant to
City Code section(s) 111.14 and 130.17.
WHEREAS, an additional $25 fee will be added to each delinquent assessment for city
costs if not paid in full by the public hearing date; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA:
1. The total amount to be certified for all delinquent accounts is $2,650.00.
2. City staff shall calculate the proper amount to be certified for each delinquent account
within the City of Shakopee, as provided by law, and keep a copy of such proposed
assessment in City Hall for public inspection.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 5th day of May 2026, in the Council Chambers of
City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time
and place, all person owning property affected by such delinquent accounts and proposed
assessments will be given an opportunity to be heard with reference to such assessment.
2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper of the City of Shakopee at least two
weeks prior to the hearing and shall state in the notice the total amount to be certified as
delinquent. A mailed notice of assessment roll shall occur not less than two weeks prior to the
hearing.
Adopted in the regular session of the City Council of the City of Shakopee, Minnesota
held this 7th day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
City Clerk
27
PID AMT DUE
270013650
420.00
270930020
420.00
270970230
200.00
273040050
450.00
273431220
140.00
273902540
210.00
273902640
100.00
274010420
195.00
274240020
140.00
274360020
140.00
274370010
140.00
275041300
95.00
28
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.d
April 7, 2026
Approve a Temporary Liquor License for the Shakopee Chamber of
Commerce
Heidi Emerson, Deputy City Clerk
Action to be considered:
Approve a temporary liquor license for the Shakopee Chamber of Commerce Food Truck
Festival being held on May, 16, 2026 at The Landing, located at 2187 County Road 101.
Motion Type:
Simple Majority
Background:
The Shakopee Chamber of Commerce has submitted an application for a temporary
liquor license for the Spring Food Truck Festival being held on May 16, 2026 at The
Landing, located at 2187 County Road 101. The event will be held from 11:00 a.m. to 8:00
p.m.
The application is in order and the fee has been paid.
Recommendation:
Approve the above requested memo.
Budget Impact:
N/A
Attachments:
29
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.e
April 7, 2026
Approve the Purchase of Light Poles for the Old Carriage Court Corridor
Improvements Project
Micah Heckman, Assistant City Engineer
Alex Jordan, City Engineer
Action to be considered:
Approve the purchase of light poles and authorize staff to enter into an agreement with
EMS Partners for the Old Carriage Court Corridor Improvements project.
Motion Type:
Simple Majority
Background:
The City's adopted Capital Improvement Plan (CIP) contains the Old Carriage Court
Corridor Improvements Project (CIF -26-004). The project improvements include
construction of a roundabout at the intersection of Old Carriage Court and Old Carriage
Road, access restrictions along Old Carriage Court, installation of a traffic signal at the
intersection of Old Carriage Court and the Wal-Mart access and a roadway lighting system
to support the new corridor improvements.
Due to the location of the intersection adjacent to and underneath overhead
transmission powerlines, Xcel Energy has requested that the city use light poles that are
not the standard light pole used with recent roundabout projects. As such, the city will be
purchasing the poles directly from the supplier, instead of Shakopee Public Utilities
placing the order. EMS Partners is the supplier for Shakopee Public Utilities and has
assisted the city with designing a light pole that meets the minimum standards for
roadway lighting as well as satisfying requirements set forth by Xcel Energy. The cost for
the 12 light poles is $41,100.
Recommendation:
Approval as requested
Budget Impact:
The total cost to purchase the light poles is $41,100 which was included in the overall
project costs authorized at the time of awarding the construction contract.
30
Attachments:
EMS26-0128_CITY_OF_SHAKOPEE= _OLD_CARRIAGE_RD_RNDAB_LESS_CHNC.pdf
31
=M5
PARTNERS
Architectural
-ighting - esigns by EMS Partners
3519 Commerce Blvd
White Bear Lake, MN 55110
(651) 592-8160
Quote #: EMS26-0128
Job Name: CITY OF SHAKOPEE - OLD CARRIAGE RD RNDAB
Location: SHAKOPEE, MN
To: CITY OF SHAKOPEE
OLD CARRIAGE ROAD / ROUND ABOUT
Qty
Type
Mfg
Description
Unit Price
Ext Price
*EST COST FROM DISTRIBUTOR TO CITY
12
HAPC
RTA20C6B4M14-A4X
$2,925.00
$35,100.00
20' FIXT MOUNT HEIGHT, ROUND TAPERED ALUM,
.156" WALL THICKNESS, WITH SINGLE 4' MAST ARM,
WITH BREAKWAY COUPLINGS, BASE SKIRT, DARK
BRONZE ANODIZED FINISH, LESS ANCHOR BOLTS
12
AEL
ATBO P451 MVOLT R3 BZ AO )00 000( XXX
$500.00
$6,000.00
COBRA HEAD FIXTURE, DARK BRONZE, ADJUSTABLE
OUTPUT
*FREIGHT ALLOWED (INCLUDED)
*LEAD TIME 18 TO 20 WEEKS ARO
TOTAL
$41,100.00
Quote #EMS26-0128 - CITY OF SHAKOPEE - OLD CARRIAGE RD RNDAB - 4/1/2026 Page 1 c32
EMS PARTNERS PROPOSAL TERMS & CONDITIONS
Unless otherwise specified in this Proposal, all sales made by EMS Partners are made on the following terms and conditions:
1. JEMS Partners LLC ("EMS", "we", "our") is a Dealer / Manufacturers Representative acting as the agent for the various suppliers quoted in
this proposal. The Terms and Conditions of this proposal are the Terms and Condition of each of the manufacturers/suppliers and EMS,
except where there exists a point of conflict, in which case the Terms and Conditions of EMS will prevail for the point of conflict.
2. (Copies of the Terms and Conditions for each manufacturer/supplier will be available upon request. Acceptance of this proposal is deemed
to be acceptance of the Terms and Conditions of EMS and the manufacturers/suppliers.
3. iThe equipment specified in this proposal constitute the only items being offered and are our interpretations of the specifications and
application requirements. No other items, accessories or services are included or implied.
4. (EMS Partners do not manufacture or control any of the products or services offered in this proposal. Accordingly, we do not provide any
warranties with respect to the products or services offered in this quote. However, the products and services offered on in this proposal may
be covered by manufacturers' and/or supplier's warranties. To obtain warranty information or service for defective products, please contact the
manufacturer/supplier or follow the instructions included in the manufacturer/supplier's warranty. You affirm that we shall not be liable, under
any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer/supplier's failure to honor its
warranty obligations to you.
5. IWE HAVE BEEN GIVEN ASSURANCES OF PRODUCT MERCHANTABILITY AND COMPLIANCE FROM THE MANUFACTURERS. IN
NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF,
OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH
DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C)
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND
ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER,
SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH
OUR SITE.
6. The Proposal with these terms and conditions contains the entire agreement between the parties and supersedes all prior discussions,
representations, and negotiations, whether oral or written. Any agreement imposing additional or different obligations on EMS must be in
writing and signed by a principal of EMS.
7. JNo order shall be binding on EMS unless and until accepted by EMS in writing. EMS may refuse to accept any order for any cause that
EMS deems sufficient and shall not be liable for any claims of any nature because of failure to accept.
8. The contract arising out of EMS's confirmation of your purchase order shall be governed by and construed in accordance with the laws of
the State of Minnesota. Additionally, if any legal action or inquiry is taken against EMS, such action must be filed with a court of competent
jurisdiction in the State of Minnesota.
Printed: 4/2/2026 5:19:19 AM Per: Phil Gusick Email: phil.gusick@emspartnersinc.com
Quote #EMS26-0128 - CITY OF SHAKOPEE - OLD CARRIAGE RD RNDAB - 4/1/2026 Page 2 c33
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.f
April 7, 2026
Award a Contract for Phase III of the Downtown ADA, Lighting and Tree
Rehab Improvement Project
Josiah Ferguson, Graduate Engineer
Alex Jordan, City Engineer
Action to be considered:
Adopt Resolution R2026-045, accepting bids and awarding a contract in the amount of
$587,587.00 to Valley Paving, Inc., for Phase III of the Downtown ADA, Lighting and Tree
Rehab Improvement Project.
Motion Type:
Simple Majority
Background:
The City's adopted Capital Improvement Plan (CIP) contains the Downtown ADA, Lighting
and Tree Rehab Improvement Project (CIF -22-003). The project improvements include
replacement of the existing street lighting system (including cabinets, conduit, wiring and
poles), improvements to the pedestrian ramp facilities, removal of decorative pavers and
tree replacements along Sommerville Street from County Road 101 to 3rd Avenue and
2nd Avenue from Sommerville Street to Lewis Street and the north side of 3rd Avenue
from Sommerville Street to Lewis Street.
On February 17, 2026, the City Council adopted Resolution R2026-025 approving plans
and specifications, and authorizing bidding for the project.
In accordance with Minnesota Statute Section 471.345 Uniform Municipal Contracting
Law, bids were solicited and opened March 19, 2026. Four bids were received and Valley
Paving, Inc. from Shakopee, MN was the low bidder in the amount of $587,587.00 (see
attached resolution for the bid tabulation summary).
Valley Paving, Inc. has the capacity and experience for the project and is deemed a
responsible bidder. Construction is anticipated to begin in August and be completed by
November 2026.
Recommendation:
Adopt Resolution R2026-045.
34
Budget Impact:
Based on the low bid amount, the updated total estimated project cost is as follows:
CIP
Estimate Based
On Bid Award
COSTS
Construction Cost
$ 950,700
$ 587,587
Contingency
$ 50,000
$ 50,000
Subtotal
$ 1,000,700
$ 637,587
Eng/Admin/Legal
$ 132,300
$ 124,867
Total Estimated
Project Cost
$ 1,133,000
$ 762,454
FUNDING
Capital
Improvement Fund
$ 1,100,000
$ 757,204
Tree Replacement
Fund
$ 33,000
$ 5,250
Total Funding
$ 1,133,000
$ 762,454
Attachments:
CIF -22-003
Contract.pdf
R2026-045.docx
35
2026 thru 2030
Project Details
Shakopee, MN
Project # CIF -22-003
Project Name Downtown ADA, Lighting & Tree Rehab
Total Project Cost $4,531,000
Department Capital Improvements Fund
Category Street Construction
Status Active
Accounting Code 5926/6926-2024, 5977/6977-2025
Contact
Type
Priority
Useful Life
Fund
City Engineer
Improvement
1 - Have to do
30 years
Capital Improvement Fund
Description
Replacement of the pavers and pedestrian curb ramps in the downtown area as well as streetlights, pedestrian lights and trees. The project will be completed in
segments (block by block) annually beginning in 2024. Note: Multiple streetlights were replaced as part of the 2017 Downtown Streetscape Project and two
development projects - the style of lighting used for those projects would be carried forward to match the replacement of the streetlights throughout the
downtown area. It should also be noted that a planning study was completed in 2022 to develop a coordinated project scope meeting the goals of Envision
Shakopee, the Park and Trails Master Plan, and the river park master planning. A street lighting feasibility study was done in 2022 as part of the preliminary
design and is attributed to the Prior expenditures for the project.
Justification
A streetlight condition report was performed in 2015 for the downtown streetlights. Out of the total count of 231 streetlights, 45 were missing, 73 were in good
condition, 76 fair, and 37 poor. There are two different pole styles: 171 concrete poles and 60 Corten steel poles. Many streets light poles have fallen and have
not been replaced due to unavailability of the lighting style. In addition, the wiring system has aged and many areas have been patched together to maintain a
working system. The feasibility report completed in 2022 identified the scope of the lighting replacement and estimated cost of the improvements. Additionally,
ADA compliance needs to be completed in the Downtown that will include replacing many of the pedestrian curb ramps. Sidewalk repairs will also be included as
part of the City's Sidewalk and Trail Inspection, Replacement, and Maintenance Policy. The block pavers will also be removed and replaced with concrete.
Prior Expenditures
2026 2027 2028 2029 2030 Total
2,265,000 Improvements
1,000,700 1,000,700
0 0 0
2,001,400
Engineering/Administration
132,300 132,300 0 0 0 264,600
Prior Funding Sources
Total 1,133,000 1,133,000 0 0 0 2,266,000
2026 2027 2028 2029 2030 Total
2,265,000 Capital Improvement Fund
1,100,000 1,100,000 0 0 0 2,200,000
Tree Replacement Fund 33,000
33,000 0 0 0 66,000
Total
1,133,000 1,133,000
0 0
0 2,266,000
Budget Impact
The street lighting, paver and pedestrian ramp improvements will be funded by the CIF and the tree replacement will be funded by the tree replacement fund.
42
Produced Using Plan -It CIP Software
36
2026 thru 2030
Project Details
Shakopee, MN
Project #
Project Name
CIF -22-003
Downtown ADA, Lighting & Tree Rehab
Contact
Department
City Engineer
Capital Improvements Fund
Downtown Lighting, ADA &
Tree Replacement Project
43
Produced Using Plan -It CIP Software
37
NOTICE OF AWARD
FOR
DOWNTOWN LIGHTING IMPROVEMENTS - PHASE 3
PROJECT NO. C1F-22-003
CITY OF SHAKOPEE, MINNESOTA
TO: Valley Paving, Inc.,
8800 13th Avenue E,
Shakopee, MN, 55379
The City of Shakopee, Minnesota, having considered the proposals submitted on March 19, 2026 for the
construction of the DOWNTOWN LIGHTING IMPROVEMENTS, PROJECT CIF -22-003, and it
appearing that your proposal is fair, equitable and to the best interest of the City, the said proposal is hereby
accepted for the prices set forth therein.
In accordance with the terms of the Contract Documents, you are required to execute the formal Contract
Agreement and furnish the required Performance and Payment Bond within ten (10) days from the date hereof.
The Bid Security submitted with your proposal will be returned upon execution of the Contract Agreement and
the furnishing of the Performance and Payment Bond. In the event you should fail to execute the Contract
Agreement and furnish the Performance and Payment Bond, within the time limit specified, said Bid Security
will be retained by the City of Shakopee as liquidated damages for failure to accept the award and execute the
necessary documents for the formation of the contract.
The City is accepting Alternate No.
CITY OF SHAKOPEE, MINNESOTA
William H. Reynolds/ City Administrator
Awarded by:
Shakopee City Council April 7, 2026
Contract Amount: $587,587.00
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C -I 38
CONTRACT
THIS CONTRACT, made and entered into this 7th day of April , 2026 by and
between
Valley Paving, Inc.
hereinafter called "Contractor" (a corporation
organized and existing under the laws of the State of Minnesota) (a partnership consisting of
created under the laws of Minnesota), and the City of Shakopee,
Minnesota, a municipal corporation, hereinafter called "City."
WITNESSETH:
That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials and supplies and for constructing the following City improvements:
DOWNTOWN LIGHTING IMPROVEMENTS — PHASE 3
NOW THEREFORE,
the parties to this contract agree to the following:
1. Manner for Completion
The Contractor, at his own proper cost and expense, shall perform all work and furnish all supervision
(needed beyond that provided by the City Engineer), labor, material, tools, supplies, machinery and other
equipment necessary for the construction of the Downtown Lighting Improvements — Phase 3, Project
CIF -22-003 for the City of Shakopee, Minnesota, in a workmanlike and substantial manner, as outlined in
the Plans and Specifications.
2. Due Diligence
Time is of the essence in the performance of this Contract. The maintenance of a rate of progress in the
work which will result in its completion in a reasonable time, is an essential feature of this Contract, and the
Contractor agrees to proceed with all due diligence and care, at all times to take all precautions to insure the
time of completion as defined in this Contract. The Contractor shall fully complete the work called for under
the Contract in accordance with the specifications.
3. Payment
The City will pay the Contractor those prices stipulated in the Contractor's Contract Proposal, which are
incorporated herein by reference and made a part of this Contract, which shall constitute full and complete
compensation for the contractor's work provided hereunder. The parties specifically agree and understand
and the Contractor specifically waives any claim for additional compensation for any changed condition
whether arising out of a physical condition at the site of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character and at the location
provided for in the Contract or arising as a result of any force majeur.
4. Prevailing Wages
If this project is funded in whole or in part by state funds, then the wages of laborers, workers, and mechanics
should be comparable to wages paid for similar work in the community as a whole, as established by the
Minnesota Department of Labor and Industry. If this section applies to this project, the prevailing wage rates
are attached and included in the contract documents.
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-2 39
5. Contractor's Responsibility for Subcontractors
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and
omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth,
insofar as applicable to the work of subcontractors and to give Contractor the same power regarding
termination of any subcontract as the City may exercise over Contractor under any provisions of this contract.
Nothing contained in this Contract shall create any contractual relation between the subcontractor and the
City or between any subcontractors.
6. Payment to Subcontractors
The Contractor shall pay any subcontractor within ten days of receipt of payment from the City for undisputed
services provided by the subcontractor. If the Contractor fails to pay within ten days, the Contractor shall pay
the subcontractor interest at the rate of one and one-half percent per month or part of month to the subcontractor
on any undisputed amount not paid on time to the subcontractor, in accordance with Minn. State. Sec. 471.425,
Subd. 4a.
7. City Instructions
The City may declare the contract forfeited as described in the Standard Specifications should the Contractor
persistently disregard instructions of the City or fail to observe or perform any provisions of this Contract.
8. Indemnity
The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from all damage and costs, including attorney's and
expert fees, by reason or on account of any injuries or damages received or sustained by any person or persons,
or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by
any negligence or carelessness in the performance of same, or on account of any other wrongful act or omission,
including breach of any provision of this Contract, of Contractor, its independent subcontractors, agents,
employees, or delegates. The Contractor further agrees to indemnify the City for defense cost incurred in
defending any claims, unless the City is determined to be at fault.
9. Contract Documents
This Contract, together with the other documents enumerated in this paragraph, forms the Contract between
the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. In the
event of any conflict between those documents listed as (a) through (f), they shall govern in the order listed,
with this Contract governing over all other documents. The contract documents consist of the following:
a. This Contract
b. All Change Orders or Addenda
c. Plans and Specifications for Project CIF -22-003
d. General Utility and Street Improvement Specifications for Construction
e. Shakopee Public Utility Commission Water Policy Manual
f. All items listed under the Table of Contents
10. Duplicate Originals
This Contract shall be executed in two copies; one (1) copy being retained by the City, one (1) to be delivered
to the Contractor.
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-3 40
11. Nondiscrimination
The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age, against any employee of Contractor or applicant for employment, and shall include a
similar provision in all subcontracts let or awarded hereunder.
12. Jurisdiction
This agreement and every question arising hereunder shall be construed or determined according to the laws of
the State of Minnesota.
CONTRACTOR CITY OF SHAKOPEE, MINNESOTA
By By
Mayor/Matt Lehman
By By
Name / Title City Administrator/William H. Reynolds
Approved as to form:
City Attorney
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-4 41
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that We,
, as
Principal, and
as Surety, being a corporation certified by the Minnesota Commissioner of Insurance and authorized to act as
a surety as provided in Minnesota Statutes, Section 60A.23, Subd. 5 and 574.15, are held and firmly bound
unto the City of Shakopee, a Minnesota municipal corporation, hereinafter called the City, for the use of the
City and to all subcontractors and persons who have furnished or shall furnish materials actually used in the
performance of the hereinafter mentioned Contract, or who have performed, or shall perform, labor in the
performance of or in connection with the said Contract in the penal sum of
($ ), lawful money of the United States of America, the payment of which will truly be
made to the Obligees, the said Principals and the said surety, bind themselves and each of their heirs, exe-
cutors, administrators, successors and assigns, jointly and severally, firmly by these presents as follows:
The condition of the above obligation is such that:
WHEREAS, the above bounded Principals have heretofore on the day of , 2026, entered
into a written Contract, a copy of which is by reference made a part hereof, with said City, for the furnishing
of all labor and equipment for the complete installation of the Downtown Lighting Improvements — Phase
3, Project CIF -22-003, said construction work to be done according to the requirements of said Contract.
NOW, THEREFORE,
the obligations shall remain in full force and effect unless and until the above Principals do the following:
• At all times duly, promptly, and faithfully perform said Contract and any alteration in or addition to the
obligations of said Principals arising thereunder (including the matter of infringement, if any, of patents),
• Guarantee all work against defective workmanship and materials for a period of two (2) years from date
of final acceptance by the City,
• Comply with all the covenants contained in the specification drawings and other documents constituting
a part of said Contract required to be performed by said Principals,
• Satisfy all claims and demands for same, in the manner and within the times provided in said Contract,
• Fully indemnify and save harmless the City of Shakopee from all costs and damage which the City may
suffer,
• Fully reimburse and repay the City all outlay and expenses which the City may incur in making good any
defaults, and reasonable attorneys' fees incurred in the prosecution of or defense of any action arising out
of or in connection with any such default,
• Pay all people who have contracts directly with the Principals, for labor or materials, if any, included in
said Contract, or any alteration in or addition thereto.
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-5 42
If the Principals fulfill the above -listed items, then this obligation may become null and void.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration in or
addition to the teinis of the Contract, the work to be performed thereunder, or specifications accompanying
the same, and no forbearance on the part of either the City or the Principal, shall in any way affect its
obligation in this bond or release the Principal and Surety or either of them, their heirs, executors,
administrators, successors or assigns from their liability hereunder. The Surety hereby waives notice of any
such change, extension of time, alteration or addition to the terms of the Contract, the work to be performed
thereunder, or the specifications, or any forbearance.
Signed and sealed this day of , 2026.
Principal
By
Surety
Address
By
Attorney -in -fact
Local Agent
Address
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-6 43
NOTICE TO PROCEED
FOR
DOWNTOWN LIGHTING IMPROVEMENTS - PHASE 3
PROJECT NO. CIF -22-003
CITY OF SHAKOPEE, MINNESOTA
TO: Valley Paving, Inc.,
8800 13th Avenue E,
Shakopee, MN, 55379
DATE:
You are hereby authorized to proceed on this date for the construction of the Downtown Lighting
Improvements — Phase 3, Project CIF -22-003 for the City of Shakopee, Minnesota as set forth in detail in
the Contract Documents, including Plans and Specifications.
CITY OF SHAKOPEE, MINNESOTA
By:
Alex Jordan, City Engineer
We have determined the following permits are required:
If you will not complete your work involving these permits within the time specified thereon, you should
communicate with the City Engineer, City of Shakopee, Minnesota to see if an extension is available and what
you must do to obtain one. If you encounter other permits required, please communicate immediately with the
same department.
Downtown Lighting Improvements — Phase 3
Project No. CIF -22-003
Project Specifications
Contract
C-7 44
RESOLUTION R2026-045
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING BIDS AND AWARDING A CONTRACT IN THE AMOUNT OF $587,587.00
TO VALLEY PAVING, INC., FOR PHASE III OF THE DOWNTOWN ADA, LIGHTING AND TREE REHAB
IMPROVEMENT PROJECT
WHEREAS, pursuant to an advertisement for bids for Phase Ill of the Downtown ADA, Lighting
and Tree Rehab Improvement Project, bids were received, opened on March 19, 2026, and tabulated
according to law, and the following bids were received complying with the advertisement:
Bidder
VALLEY PAVING, INC.
IDC AUTOMATIC
PEMBER COMPANIES, INC.
APADANA LLC
Amount
$ 587,587.00
$ 618,256.75
$ 641,598.50
$ 759,017.42
WHEREAS, Valley Paving, Inc., 8800 13th Avenue E, Shakopee, MN, 55379, is the lowest
responsive bidder for Phase Ill of the Downtown ADA, Lighting and Tree Rehab Improvement 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 a contract
with Valley Paving, Inc., in the name of the City of Shakopee for Phase Ill of the
Downtown ADA, Lighting and Tree Rehab Improvement 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.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
45
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.g
April 7, 2026
Approve the Wetland Sequencing for the Southbridge Crossing Garden
Center
Kirby Templin, Water Resources - Environmental Manager
Alex Jordan, City Engineer
Action to be considered:
Adopt Resolution R2026-048, Approving Wetland Sequencing for the Southbridge
Crossing Garden Center.
Motion Type:
Simple Majority
Background:
The applicant (Southbridge Crossing, LLC) submitted a complete Wetland Conservation
Act (WCA) application for sequencing for the Southbridge Crossing Garden Center. The
project proposes to develop approximately 14 acres west of Crossings Boulevard and
north of Hansen Avenue in Shakopee into a commercial development, including a garden
center. The project will include grading for commercial buildings, parking, roadways,
utilities, and stormwater facilities.
The project proposes 0.4965 acres of permanent impact to one wetland for construction
of roadways, parking, and stormwater facilities to support a garden center and future
retail. The applicant evaluated alternatives that would have avoided impacts to wetlands,
which involved a no build alternative and one build alternative. The no build alternative
was not a feasible or prudent alternative. The build alternative would have avoided
impacts to the wetland, but not provided sufficient parking and would have resulted in an
offset intersection at Crossing Blvd. As a result, the avoidance alternative would not have
met the purpose or need of the project and was rejected. The remaining 0.0935 ac
portion of the wetland is proposed to be excavated and incorporated into the stormwater
facility, which qualifies as a No Loss.
The application was noticed to the WCA Technical Evaluation Panel (TEP) on February 6,
2026. The TEP is advisory in nature and makes technical findings and recommendations.
TEP members include representatives from the City, Board of Water and Soil Resources
(BWSR), the Scott Soil and Water Conservation District (SWCD), the Minnesota
Department of Natural Resources (DNR), and the Scott County Watershed Management
Organization. Comments were accepted until March 2, 2026. The TEP provided comments
46
during a pre -application meeting on January 26, 2026. The Notice of Decision deadline
was extended 10 days to align with the City Council meeting schedule.
During final design of the project, the applicant will need to submit a replacement plan,
evaluate potential for further impact minimization, and provide details related to
replacement for permanent impacts.
On behalf of the City of Shakopee, Local Government Unit for the Wetland Conservation
Act, I recommend approval of the sequencing application for the Southbridge Crossing
Garden Center project. The approval is conditional on approval of the project's PUD
application and site plan associated with the sequencing application. If the site plan
changes from what was reviewed by the TEP, additional sequencing review and approval
will be required. A Notice of Decision is attached for review.
Recommendation:
Adopt Resolution R2026-048.
Budget Impact:
None. All expenses are to be reimbursed by the Developer.
Attachments:
Notice of Decision
Figure of Proposed Impacts.pdf
Resolution_2026-048.docx
47
Minnesota Wetland Conservation Act
NOTICE OF DECISION
Date this Notice was sent:
[insert]
Local Government Unit:
City of Shakopee
County:
Scott
Applicant and (if applicable) Applicant's
Representative:
Applicant: Southbridge Crossing, LLC
Applicant Representative: Kjolhaug Environmental (Melissa Barrett)
Project Name/Number:
Southbridge Crossing Garden Center/WCA No. 2026-01
Type of Decision (check all that apply):
Note: Boundary/type, sequencing,
replacement plan, and bank plan decisions
require an associated notice of application
prior to the decision being made.
❑ Boundary/Type
❑X Sequencing (submitted separately from a replacement plan)
❑ Replacement Plan
❑ Bank Plan
❑ Exemption
Identify which exemption by Rule or Statute Citation:
❑X No -Loss
Identify which provision by Rule or Statute Citation: MN Rule
8420.0415 Subpart A/MN Rule 8420.0405 Subpart 1
Decision:
Note: All replacement plan approvals are
conditional upon confirmation from BWSR
of withdrawal of specified credits and/or
financial assurance received for project -
specific replacement.
❑ Denied
❑ Approved.
Valid for ❑ 5 yrs (default); ❑ Other. Specify:
❑X Approved with Conditions
List Conditions:
Valid for ❑X 5 yrs (default); ❑ Other. Specify: Conditional upon the
approval of the project's PUD application and site plan associated
with the sequencing application. If the site plan changes from what
was reviewed by the TEP, additional sequencing review and approval
will be required.
LGU Representative Name & Signature:
Kirby Templin
Decision Timeline
An LGU must approve or deny a request within 60 days of receiving a complete application per MINN. STAT. § 15.99.
Date Complete Application Received:
January 30, 2026
Date of Decision:
[Insert]
If applicable, date of written extension to
60 -day decision timeline & number of days
extended:
Reason for Extension (check one):
❑ Other process or decision required to occur before WCA decision.
Describe:
❑ Additional information and/or revision to application submitted.
❑ Applicant request.
Notice of Decision Template provided by MN Board of Water & Soil Resources -10/13/2025
48
❑X Other. Describe: Extended 10 days to align with City Council
meeting schedule.
Date & number of days extended for any
additional written extensions agreed to by
the applicant:
Decision Summary
Technical Evaluation Panel
Recommendation (check one):
❑ No recommendation
❑X Approval or approval with conditions (attach recommendation)
❑ Denial (attach recommendation)
LGU Findings (check all that
apply):
❑ Findings attached
❑X Findings: The project proposes 0.4965 acres of permanent impact to one
wetland for construction of roadways, parking, and stormwater facilities to
support a garden center and future retail. The remaining 0.0935 ac portion
of the wetland is proposed to be excavated and incorporated into the
stormwater facility, which qualifies as a No Loss. Sequencing performed
outlined impact avoidance alternatives that were not feasible. Upon final
design, final impacts and proposed mitigation will be provided for review
via a replacement plan.
The TEP met on January 26, 2026 during a pre -application meeting and
provided comments. The application addressed the TEP's comments and the
TEP ultimately agreed with the sequencing applied and the No Loss request as
it relates to the site plan included in the application.
❑X Other attachments. Specify: Project Location, Proposed Impacts
For Replacement Plan Decisions
Total wetland impacts requiring replacement (acres):
Only:
Type of wetland replacement (check all that apply):
❑ Project -Specific. Number of Credits:
❑ Banking. Number of Credits by Bank Account #:
Notice Distribution
Notice Recipients (check all that
apply):
❑D SWCD TEP Member (if different from LGU): Troy Kuphal
❑D BWSR TEP Member: Alyssa Core
❑D DNR Representative: Mark Nemeth
❑X Watershed District or WMO (if applicable): Lower MN River WD (Linda
Loomis)
❑ bank.administrator.bwsr@state.mn.us(Bank Plan Applications Only)
❑x Applicant: Mark Anderson
❑x Applicant's Representative (if applicable): Melissa Barrett
❑ Members of the Public Requesting Notices (if applicable):
❑x Others: WSB, Alison Harwood
Notice of Decision Template provided by MN Board of Water & Soil Resources -10/13/2025
49
Appeal Process (check one):
❑X Local Appeal Process (if established). Specify How to Appeal:
Send a petition to: City of Shakopee, 485 Gorman Street; Shakopee, MN
55379
❑ Board of Water & Soil Resources (see instructions below)
If there is no established Local
Appeal Process indicated
Mail or email written request to appeal sent to BWSR within 30 days of date
this notice was sent. Include copy of this notice, name and contact information
above, an appeal of this
of appellant(s) and their representative(s) (if applicable), a statement clarifying
decision may be made to BWSR
intent to appeal, and supporting information as to why the decision is in error.
per the instructions to the right.
Mail check payable to MN Board of Water & Soil Resources for $500.
Send to:
Note: Decisions are not final until
Appeals & Regulatory Compliance Coordinator
the 30 -day appeal window ends.
Minnesota Board of Water & Soil Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us.
Notice of Decision Template provided by MN Board of Water & Soil Resources -10/13/2025
50
Semi Area
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Regional Stormwater
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i4
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/ Outlet Path
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Figure 5 - Minimization Alternative 2/Proposed Alternative
Wetland Buffer 7 WCA No Loss/Excavation
I= Site Boundary' Wetland Fill minimize alt
Through Road M Proposed Pond
Southbridge Crossing (KES 2024-059)
Shakopee, Minnesota
Note: Boundaries indicated on this figure are approxim-*-
and do not constitute an official survey product. 51
RESOLUTION R2026-048
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING
THE WETLAND SEQUENCING FOR THE SOUTHBRIDGE CROSSING GARDEN CENTER
WHEREAS, the city has received a Wetland Sequencing Application from Southbridge Crossing,
LLC for their site; and
WHEREAS, the applicant has demonstrated that the proposed Wetland Sequencing Application
Complies with Minn. Rules Parts 8420.0325 (Sequencing Application) and 8420.0520 (sequencing); and
WHEREAS, all interested parties on file in the office of the project engineer or identified in Minn.
Rule 8420.0255 (Local Government Unit Application and Decision Procedures) have been sent notice of
the proposed Wetland Sequencing Application; and
WHEREAS, the Technical Evaluation Panel reviewed the proposed Sequencing Application and
considered the public values, location, size and type of wetland being altered and recommended
approval of the Wetland Sequencing Application.
WHEREAS, during final design of the project, the applicant will need to submit a replacement
plan, evaluate potential for further impact minimization, and provide details related to replacement for
permanent impacts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. Based on the replacement standards in Minn. Rules 8420.0325 (Sequencing Applications),
and based on the recommendation of the Technical Evaluation Panel, the Wetland
Sequencing Application is hereby approved.
2. Approval of the Wetland Sequencing Application shall become effective upon its adoption.
3. A copy of this decision shall be sent to all interested parties and to the applicant.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
Matt Lehman,
Mayor of the City of Shakopee
ATTEST:
Richard Parsons,
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
52
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.h
April 7, 2026
Approve plans and authorize bidding for the 2026 Safe Routes to
School (SRTS) Infrastructure Improvements
Henry Pagel, Graduate Engineer
Alex Jordan, City Engineer
Action to be considered:
Adopt Resolution R2026-049, approving plans and specifications and ordering
advertisement for bids for the 2026 SRTS Infrastructure Improvements.
Motion Type:
Simple Majority
Background:
The City of Shakopee was awarded two Minnesota Safe Routes to School (SRTS)
Infrastructure Grants to construct capital improvements of transportation infrastructure
that improve safety and encourage non -motorized transportation to and from schools.
The grants include construction of improvements at the following schools:
• Sweeney Elementary School
O 4 -lane to 3 -lane conversion of Adams Street between Vierling Drive and 10th
Avenue
O Relocation of the existing parent pick-up/drop-off driveway from Adams Street
to the Lions Park roadway network
O Pedestrian refuge island with a pedestrian activated crosswalk
• Shakopee High School
O Pedestrian refuge island at Fuller Street & Caspian Lane
• Sun Path Elementary School
O Extension of sidewalk south along Quail Drive to Quail Court
Plans have been prepared and staff is ready to solicit public bids to complete the
improvements. Upon approval, subsequent advertising and bidding will commence with a
scheduled bid opening in April 2026. Bids would then be considered and awarded with
construction of the improvements scheduled to begin in June 2026 and be completed by
September.
Recommendation:
53
Adopt Resolution R2026-049.
Budget Impact:
The adopted Capital Improvement Plan programs $400,000 in 2026 for the project, which
includes engineering and administrative costs. The project is funded through the MnDOT
SRTS Infrastructure Grant ($272,000) and the Capital Improvement Fund.
Attachments:
R2026-049.docx
166-591-001 Title_signed.pdf
54
RESOLUTION R2026-049
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR THE 2026 SAFE ROUTES TO SCHOOL INFRASTRUCTURE
IMPROVEMENTS
WHEREAS, the City Engineer has prepared plans and specifications for improvements for the 2026
Safe Routes to School Infrastructure Improvements, by construction of pedestrian refuge islands, three -lane
conversions, sidewalk extension, a crosswalk flasher system, and installation of storm sewer and any
appurtenance work and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. Such plans and specifications, a copy of which is on file and of record in the Office of the City
Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be placed on the city's website and on
questcdn.com an advertisement for bids upon the making of such improvement under such approved plans
and specifications. The Advertisement for Bids shall be published as required by law.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
55
GOVERNING SPECIFICATIONS
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SHAKOPEE
Shakopee City Council 6.i
April 7, 2026
Agenda Item: Approval of the 2026 Concession Agreements
Prepared by: Sherry Dvorak, Recreation Programs Manager
Reviewed by: Kelsi McNutt
Action to be considered:
Approve the 2026 Concession Agreements with the Shakopee Soccer Association and the
Joe Schleper Stadium Fund.
Motion Type:
Simple Majority
Background:
Non Profit Sports Organizations in the community operated the city's two outdoor
concession stands successfully in 2025 through our partnership agreements. The
Shakopee Soccer Association will again be operating the concession stand at the 17th
Avenue Sports Complex. The Joe Schleper Stadium Fund will be operating the concession
stand at Joe Schleper Stadium. In previous years, this concession stand was operated by
both the Shakopee Indians and the Shakopee Coyotes. These two organizations have
now merged into the Joe Schleper Stadium Fund.
By operating these two concession stands they offer a service to those attending events in
those locations that otherwise would be cost prohibitive for the city to operate.
Recommendation:
Approve the 2026 Concession Agreements with the Shakopee Soccer Association and the
Joe Schleper Stadium Fund.
Budget Impact:
The city will receive 10 percent of gross revenue sales from each organization.
Attachments:
Concession Agreement SSA 2026.pdf
Concession Agreement JSSF 2026.pdf
57
Shakopee Soccer Association
CONCESSIONS AGREEMENT
2026
This agreement, made and entered into this 2026, by and between the City of Shakopee, a
Minnesota municipal corporation, located at 485 Gorman Street, Shakopee, in the County of Scott, State
of Minnesota (hereinafter referred to as "CITY") and the Shakopee Soccer Association, (hereinafter
referred to as "SSA").
WITNESSETH:
Whereas the CITY is desirous of providing efficient concession services to patrons of the 17th Avenue
Sports Complex; and
Whereas the SSA wishes to provide concession services at the 17th Avenue Sports Complex in order to
raise funds for the ongoing support of SSA expenses; and
Whereas the CITY desires to designate at least a portion of the concessions earnings to go into the Park
Reserve fund, which is used in part to fund improvements at the 17th Avenue Sports Complex, which is a
benefit to the CITY;
Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as
follows:
I. DUTIES AND RIGHTS OF SSA
A. SSA agrees to obtain and maintain all licenses and permits necessary to operate a concession
stand as required by any and all governmental agencies.
B. SSA agrees to provide full and complete services for the sales of food concessions at the 17th
Avenue Sports Complex concession stand on the dates that it plays its home/league games,
starting approximately May 1. The CITY may request to provide these services at additional
times and the SSA may meet those requests, if given two weeks' notice. Weekly schedule always
needs to be posted/updated outside the concession stand.
C. SSA agrees to pay the CITY an amount equal to Ten Percent (10%) of the gross receipts from
concessions at the 17th Avenue Sports Complex.
D. Payment shall be made annually, on or before November 1 of each year.
E. SSA agrees to purchase and maintain all food goods, materials and supplies necessary for the
concession stand. SSA may sell souvenirs and other hard goods not sold by the CITY, as
approved by the CITY in writing. SSA souvenirs and other hard good sales in the concession
stand under the licenses of a separate organization, shall not be subject to the commission
specified in I.C., above.
F. SSA agrees to provide, maintain, and repair facilities and equipment as necessary for the sale of
concessions. SSA will be responsible for the cost of any losses resulting from spoilage of frozen
or refrigerated foods due to a power outage or equipment failure. SSA shall thoroughly document
such losses. If equipment is needed, either in replacement of or addition to the existing
equipment, the equipment must meet appropriate NSF standards.
G. SSA agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its
concession operations. SSA also agrees and understands that nothing contained herein creates or
establishes the relationship of copartners between itself and the CITY and that it is an
58
independent contractor and its officers, managers, supervisors, volunteers, attendants and other
employees are not employees, agents or representatives of the CITY with respect to any services
performed under this agreement. Such personnel or other personal associated with SSA shall not
require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the
CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and
PERA.
H. SSA agrees to maintain in internal control system, which includes a Cash Report, on forms
approved by the CITY. Such reports shall be submitted along with each annual remittance of the
CITY's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision
4, SSA further agrees to allow the CITY or the State Auditor or their agents to review, upon
request, all records associated with the performance of the agreement, including invoices for
concession goods and supplies, all canceled checks for payment of such invoices, all inventory
records, and to be present at the taking of inventories, and to verify inventory shrinkage records.
I. On or before November 1 of each year, SSA shall provide the CITY with a copy of the season's
concession financial report prepared by SSA.
J. SSA shall conduct its activities upon the premises so as not to endanger any person lawfully
thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and
employees from any and all claims, losses, injured, damages and liabilities to persons or property
occasioned wholly or in part by the acts or omissions of SSA it agents, officers, employees,
volunteers, patrons, or any persons associated with or served by SSA's concessions operations.
K. SSA agrees to provide a certificate of insurance showing proof of comprehensive general liability
in the minimum amount of $2,000,000 per occurrence, products liability in the minimum amount
of $2,000,000 per occurrence, and fire/property damage in the amount of $100,000 per
occurrence. The required insurance certificate must name City of Shakopee, its officials, agents,
employees, and volunteers as additional insured's. A copy of the certificate must be submitted to
the City Clerk, and all policies shall provide, and the certificates issued evidence that the CITY
will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal
certificates shall be provided to the CITY 30 days prior to the expiration date of coverage. All
insurance must be provided at the SSA's expense and at no costs to the CITY.
L. SSA or the CITY may terminate this agreement upon thirty (30) days written notice to the other
party. In the event of such termination by either party, the SSA agrees to pay the CITY the full
remittance owed as of the date of termination.
M. SSA, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws
prohibiting discrimination in performance of this agreement on the basis of race, color, creed,
religion, national origin, sex, marital status, disability and status with regard to public assistance,
age or familial status. SSA agrees to hold harmless and indemnify the CITY from costs including
but not limited to damages, attorney fees and staff time in any action or proceeding alleging
illegal discrimination.
N. SSA agrees to comply with the Americans With Disabilities Act and not to discriminate on the
basis of disability in the admission or access to, or treatment of employment in its services,
programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all services, programs, and activities. The CITY has designated
coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as
required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of
the U.S. Department of Housing and Urban Development regulations. SSA agrees to hold
59
harmless and indemnify the CITY from costs including but not limited to damages, attorney fees
and staff time in any action or proceeding alleging a violation of the ADA.
O. SSA agrees to abide by all applicable State laws and requirements, including but not limited those
of the Minnesota Department of Health.
II. DUTIES AND RIGHTS OF THE CITY
A. The CITY agrees to provide, maintain and repair the complex and real property as necessary for
the sale of concessions for use by the SSA. The CITY further agrees to provide storage for SSA
inventories, subject to the limitations of available space at the Concession Stand. The CITY
assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the
Concession Stand.
B. Should the building become unsuitable for the sales of concessions, due to vandalism, fire,
weather related events, etc, the CITY reserves the right to terminate this agreement.
C. The CITY may immediately terminate this agreement in the event that SSA fails to perform its
duties under this agreement.
D. The CITY may terminate this agreement upon thirty (30) days written notice to the SSA for any
reason other than stated in II.B or II.C.
E. The CITY will provide beverage refrigerator units through the CITY's beverage supplier.
III. JOINT DUTIES AND RIGHTS
A. SSA and the CITY agree to work to develop a security plan for controlling access to the
concession area. This plan will designate which SSA personnel will be issued keys to the
concession stand. Individuals on this list may not transfer their keys to other individuals without
prior approval by the CITY. The plan will also designate which CITY staff have access to the
concession area for conducting building maintenance and inspections, etc.
B. SSA and the CITY agree that the types, serving sizes, prices and packaging of concession items
sold by SSA shall be mutually agreed upon by the Shakopee Parks Recreation Director and SSA.
C. SSA and the CITY agree that in the event a tournament sponsored by a local sports association is
held at the facility during the terms of this agreement, that the SSA will pass on a share of its
concession revenue generated during the tournament to the CITY if it operates the concession
stand. The amount of share shall be mutually agreed by SSA and the CITY.
D. It is mutually understood and agreed that this Agreement represents the entire agreement between
the parties and supersedes and all prior agreements or proposals, written or oral, and that no
alternation, modification or addenda to the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
E. This Agreement shall commence upon execution by both parties, and shall terminate on
November 1, 2026, unless otherwise provided for as in Section (I).
F. No later than December 30, 2026, SSA shall notify the CITY in writing of SSA's intent to offer
the concession operations for 2027.
G. This Agreement shall not be assignable except by the written consent of the CITY.
60
H. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper
officers, thereunto duly authorized, as of the day and year first above written.
CITY OF SHAKOPEE
Mayor
City Administrator
City Clerk
SHAKOPEE SOCCER ASSOCIATION
President
61
62
Joe Schleper Stadium Fund
CONCESSIONS AGREEMENT
2026
This agreement, made and entered into this 2026, by and between the City of Shakopee, a
Minnesota municipal corporation, located at 485 Gorman Street, Shakopee, in the County of Scott, State
of Minnesota (hereinafter referred to as "CITY") and the Joe Schleper Stadium Fund_, (hereinafter
referred to as "JSSF.
WITNESSETH:
Whereas the CITY is desirous of providing efficient concession services to patrons of Schleper Stadium;
and
Whereas the JSSF wishes to provide concession services at the Schleper Stadium in order to raise funds
for the ongoing support of JSSF expenses; and
Whereas the CITY desires to designate at least a portion of the concessions earnings to go into the Park
Reserve fund, which is used in part to fund improvements at the Schleper Stadium, which is a benefit to
the CITY;
Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as
follows:
I. DUTIES AND RIGHTS OF TEAM/ORGANIZATION
A. The JSSF agrees to obtain and maintain all licenses and permits necessary to operate a concession
stand as required by any and all governmental agencies.
B. The JSSF agrees to provide full and complete services for the sales of food concessions at the
Schleper Stadium concession stand on the dates that it plays its home/league games. The CITY
may request to provide these services at additional times and the JSSF may meet those requests, if
given two weeks' notice.
C. The JSSF agrees to pay the CITY an amount equal to Ten Percent (10%) of the gross receipts
from concessions at the Schleper Stadium.
D. Payment shall be made annually, on or before November 1 of each year.
E. The JSSF agrees to purchase and maintain all food goods, materials and supplies necessary for
the concession stand. The JSSF may sell souvenirs and other hard goods not sold by the CITY,
as approved by the CITY in writing. JSSF souvenirs and other hard good sales and beer sold in
the concession stand under the licenses of a separate organization, shall not be subject to the
commission specified in I.C., above.
F. The JSSF agrees to provide, maintain, and repair facilities and equipment as necessary for the
sale of concessions. The JSSF will be responsible for the cost of any losses resulting from
spoilage of frozen or refrigerated foods due to a power outage or equipment failure. The JSSF
shall thoroughly document such losses. If equipment is needed, either in replacement of or
addition to the existing equipment, the equipment must meet appropriate NSF standards.
63
G. The JSSF agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for
its concession operations. The JSSF also agrees and understands that nothing contained herein
creates or establishes the relationship of copartners between itself and the CITY and that it is an
independent contractor and its officers, managers, supervisors, volunteers, attendants and other
employees are not employees, agents or representatives of the CITY with respect to any services
performed under this agreement. Such personnel or other personal associated with the JSSF shall
not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from
the CITY, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance
pay and PERA.
H. The JSSF agrees to maintain in internal control system, which includes a Cash Report, on forms
approved by the CITY. Such reports shall be submitted along with each annual remittance of the
CITY's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision
4, the JSSF further agrees to allow the CITY or the State Auditor or their agents to review, upon
request, all records associated with the performance of the agreement, including invoices for
concession goods and supplies, all canceled checks for payment of such invoices, all inventory
records, and to be present at the taking of inventories, and to verify inventory shrinkage records.
I. On or before November 30th of each year, the JSSF shall provide the CITY with a copy of the
season's concession financial report prepared by the JSSF.
J. The JSSF shall conduct its activities upon the premises so as not to endanger any person lawfully
thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and
employees from any and all claims, losses, injured, damages and liabilities to persons or property
occasioned wholly or in part by the acts or omissions of the JSSF, it agents, officers, employees,
volunteers, patrons, or any persons associated with or served by the SHAKOEE INDIANS
concessions operations.
K. The JSSF agrees to provide a certificate of insurance showing proof of comprehensive general
liability in the minimum amount of $2,000,000 per occurrence, products liability in the minimum
amount of $2,000,000 per occurrence, and fire/property damage in the amount of $100,000 per
occurrence. The required insurance certificate must name City of Shakopee, its officials, agents,
employees, and volunteers as additional insured's. A copy of the certificate must be submitted to
the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY
will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal
certificates shall be provided to the CITY 30 days prior to the expiration date of coverage. All
insurance must be provided at the JSSF expense and at no cost to the CITY.
L. The JSSF or the CITY may terminate this agreement upon thirty (30) days written notice to the
other party. In the event of such termination by either party, the JSSF agrees to pay the CITY the
full remittance owed as of the date of termination.
M. The JSSF, agrees to comply with Minnesota Statutes 181.59 and other related state and federal
laws prohibiting discrimination in performance of this agreement on the basis of race, color,
creed, religion, national origin, sex, martial status, disability and status with regard to public
assistance, age or familial status. The JSSF agrees to hold harmless and indemnify the CITY
from costs including but not limited to damages, attorney fees and staff time in any action or
proceeding alleging illegal discrimination.
64
N. The JSSF agrees to comply with the Americans With Disabilities Act and not to discriminate on
the basis of disability in the admission or access to, or treatment of employment in its services,
programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all services, programs, and activities. The CITY has designated
coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as
required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of
the U.S. Department of Housing and Urban Development regulations. The JSSF agrees to hold
harmless and indemnify the CITY from costs including but not limited to damages, attorney fees
and staff time in any action or proceeding alleging a violation of the ADA.
O. The JSSF agrees to abide by all applicable State laws and requirements, including but not limited
those of the Minnesota Department of Health.
II. DUTIES AND RIGHTS OF THE CITY
A. The CITY agrees to provide, maintain and repair the complex and real property as necessary for
the sale of concessions for use by the JSSF. The CITY further agrees to provide storage for
JSSF inventories, subject to the limitations of available space at the Concession Stand. The
CITY assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in
the Concession Stand.
B. Should the building become unsuitable for the sales of concessions, due to vandalism, fire,
weather related events, etc, the CITY reserves the right to terminate this agreement.
C. The CITY may immediately terminate this agreement in the event that the JSSF fails to perform
its duties under this agreement.
D. The CITY may terminate this agreement upon thirty (30) days written notice to the JSSF for any
reason other than stated in II.B or II.C.
E. The CITY will provide beverage refrigerator units through the CITY's beverage supplier.
III. JOINT DUTIES AND RIGHTS
A. The JSSF and the CITY agree to work to develop a security plan for controlling access to the
concession area. This plan will designate which JSSF personnel will be issued keys to the
concession stand. Individuals on this list may not transfer their keys to other individuals without
prior approval by the CITY. The plan will also designate which CITY staff have access to the
concession area for conducting building maintenance and inspections, etc.
B. The JSSF and the CITY agree that the types, serving sizes, prices and packaging of concession
items sold by the TEAM/ORGANIZATION shall be mutually agreed upon by the Shakopee
Parks Recreation Director and the JSSF.
C. The SHAKOPE INDIANS and the CITY agree that in the event a tournament sponsored by a
local sports association is held in at the facility during the terms of this agreement, that the JSSF
will pass on a share of its concession revenue generated during the tournament to the CITY if it
operates the concession stand. The amount of share shall be mutually agreed by the JSSF and the
CITY.
65
D. It is mutually understood and agreed that this Agreement represents the entire agreement between
the parties and supersedes and all prior agreements or proposals, written or oral, and that no
alternation, modification or addenda to the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
E. This Agreement shall commence upon execution by both parties, and shall terminate on
November 1, 2026, unless otherwise provided for as in Section (I).
F. No later than December 30, 2026, JSSF shall notify the CITY in writing of JSSF intent to offer
the concession operations for 2027.
G. This Agreement shall not be assignable except by the written consent of the CITY.
H. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper
officers, thereunto duly authorized, as of the day and year first above written.
CITY OF SHAKOPEE
Mayor
City Administrator
City Clerk
SHAKOPEE INDIAN BASEBALL
Manager
66
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.j
April 7, 2026
Accept Donation from Shakopee Soccer Association, Resolution R2026-
052
Sherry Dvorak, Recreation Programs Manager
Kelsi McNutt
Action to be considered:
Accept Donation from Shakopee Soccer Association, Resolution R2026-052
Motion Type:
Two -Thirds Vote
Background:
Shakopee Soccer Association (SSA) is an active partner in assisting the city with
maintaining fields and equipment at the 17th Avenue Sports Complex.
In preparation for the upcoming 2026 season, SSA has purchased two 14'x60' nets. These
will will replace the barrier nets at the north side of Mark Grommesch Field 1 & 2. The
originals have reached the end of their life span.
The City of Shakopee appreciates the generosity of SSA, which helps support the City's
parks and recreation services.
The estimated retail cost of the purchases is $948.02
Recommendation:
Accept Donation from Shakopee Soccer Association, Resolution R2026-052
Budget Impact:
The donation eliminates the need to use funds from the park maintenance budget to
replace worn nets.
67
Attachments:
Resolution 2026-052 .pdf
68
RESOLUTION NO. 2026-052
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A DONATION FROM SHAKOPEE SOCCER ASSOCIATION.
WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which
established procedure relating to the receipt of gifts and donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations of real property shall be
accepted by resolution of the City Council, and shall require a two-thirds majority of the Council
for acceptance; and
WHEREAS, SHAKOPEE SOCCER ASSOCIATION has generously assisted in the
purchase of new barrier nets; and
WHEREAS, such a donation will help improve park facilities and enhance the overall
quality of like in Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the donation of the new barrier nets is gratefully accepted; and
FURTHER, the new barrier nets shall be placed in 17th Avenue Sports Complex, which is
consistent with the wishes of the donor.
FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt
of the gift and expressing the appreciation of the City Council.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held
this 7th Day of April 2026.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
69
SHAKOPEE
WILLA!
Shakopee City Council 6.k
April 7, 2026
Agenda Item: 2026 Trail Sealcoating
Prepared by: Keith Raines, Parks Supervisor
Reviewed by:
Action to be considered:
Approve a contract with Gopher State Sealcoat, Inc., in the amount of $97,600.32 for the
2026 Trail Sealcoating.
Motion Type:
Simple Majority
Background:
The city's Park Maintenance operating budget includes funding for routine trail
maintenance as part of the city's pavement management and maintenance program, to
preserve and extend the useful life of the trails. The 2026 trail sealcoating includes
approximately 67,778 square yards of bituminous trail along various streets, and within
city parks (see attached map).
In accordance with Minnesota Statute Section 471.345 Uniform Municipal Contracting
Law, quotes were solicited and three quotes were received as follows:
• Gopher State Sealcoat, Inc.
• Doctor Asphalt
• Allied Blacktop Company
$97,600.32
$125,014.93
$187,067.28
Gopher State Sealcoat, Inc., from Savage, MN is the low bidder in the amount of
$97,600.32.
Gopher State Sealcoat, Inc., has the capacity and the experience for the project and is
deemed a responsible bidder. They are prepared to begin work after June 10th, 2026 with
a completion date of August 16th, 2026.
70
Recommendation:
Approve the contract.
Budget Impact:
The prescribed work is budgeted in the Parks Maintenance operating budget which is set
at $78,000. It should also be noted that Scott County is responsible for 50 percent of the
sealcoating cost for the trails along county roadways in accordance with the current Scott
County Trail Maintenance Cooperative Agreement dated February 18, 2025.
FUNDING:
Parks Maintenance $78,000
Scott County $24,946.56
Attachments:
2026 Overall Trail Sealcoat Map.pdf
RESOLUTION R2026-050.pdf
Gopher State Sealcoat, Inc.-SIG.pdf
Scott County Trail Maintenance (2025-2029).pdf
71
RESOLUTION R2026-050
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING BIDS FOR THE
2026 Trail Sealcoat Project
WHEREAS, the City of Shakopee used Minnesota Statute section 471.345 Uniform Municipal
Contracting to solicit from qualified contractors; and
WHEREAS, pursuant to an advertisement for bids for the 2026 Trail Sealcoat Project, bids were
received, opened on March 23rd, 2026, and tabulated according to law, and the following bids were
received complying with the advertisement; and
BIDDER
GOPHER STATE SEALCOAT INC.
DOCTOR ASPHALT
ALLIED BLACKTOP COMPANY
AMOUNT
$97,600.32
$125,014.93
$187,067.28
WHEREAS, Update: Gopher State Sealcoat Inc., 12519 Rhode Island Ave. Savage, MN 55378, is
the lowest responsive bidder for the 2026 Trail Sealcoat Project; and
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
Gopher State Sealcoat Inc., in the name of the City of Shakopee for the 2026 Trail Sealcoat
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.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Matt Lehman/ Mayor of the City of Shakopee
ATTEST:
Rick Parsons/City Clerk
73
QUOTATION FORM
2026 Trail Sealcoat Project
0621.6322 Parks Maintenance Operating Budget
COMPANY NAME: Gbekkfa. ITC SiL.004 f 1 VG .
ADDRESS:
TELEPHONE:
a (2441)ODt T.S I- A -A)-§5 f'ry I S V li(R& ZIP SS 3 113
Asa -c \'�ug
QUOTATIONS ARE DUE BY 2:00 PM., LOCAL TIME, Monday March 23rd, 2026.
To:
Keith Raines, Park Supervisor
400 Gorman Street
Shakopee, MN 55379
Email: Kraines@shakopeemn.gov
The undersigned, as bidder, hereby proposes and agrees to enter into a contract with the City of
Shakopee to supply all labor, materials, and equipment necessary to complete 2026 Trail Sealcoat
Project, all in accordance with the plans and specifications prepared by the City of Shakopee and in strict
accordance with the unit prices herewith.
The final amounts of the contract shall be determined by multiplying the final measured quantities
as authorized and actually furnished and installed in the manner described in the specifications, by the unit stated
in this proposal form. The Contractor will not be entitled to any compensation on any items other than those
listed on this proposal form.
The bidder must bid each item.
The contract award will be based upon the low bid. In the event the unit prices extended do not equal the total
bid, the unit prices shall govern to become the total bid.
City of Shakopee — Quotation
Form Trail Sealcoat Project
March 2026
Page 1 of 3
74
2026 Trail Sealcoat Project
City of Shakopee
Item #
Description
Units
Quantity
Unit Price
Total
City of Shakopee TRAIL SEALCOAT
SY
(I-7 8
' 1.44
Ct I' ) loon . 3a.
Total Bid
The undersigned agrees as follows:
1. The City of Shakopee, Minnesota, reserves the right to reject any and all bids, to waive any minor irregularities
in bidding, and/or to accept the bid or bids which best serve the interest of the City of Shakopee.
2. If this quotation is accepted, bidder will enter into a contract and furnish insurance certificate(s) within ten
(10) days after bidder's quote is accepted. Bidder agrees to start after June 10a', 2026 and to complete all work
on or before August l4"', 2026, subject to the provisions of the contract documents.
Respectfully Submitted,
Firm: etiPwsQ.. S lift- T E S 1 4-Lcev -T INC,
By:
(Signature of Bidder
Title: i f -£5‘O EA)
C -%''69 -AS I
(Name)
04" 1(2.14,00E SI-14w A -
(Address)
(City and State)
City of Shakopee — Quotation
Form Trail Sealcoat Project
March 2026
Page 2 of 3
75
STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE
Applies to all prime contracts in excess of $50,000
A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3.
Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes
§ 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor
and is not eligible to be awarded a construction contract for the project or to perform work on the project.
A false statement under oath verifying compliance with any of the minimum criteria shall render the
prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction
contract for the project and may result in termination of a contract awarded to a prime contractor or
subcontractor that makes a false statement.
A prime contractor shall submit to the contracting authority prior to execution of the contract, copies of the
signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7.
By signing this statement, I, °e_ 4 V S b<-. (typed or printed name),
P e --E s £^iT (title) certify that I am an owner or officer of the company and do verify
under oath that my company is in compliance with each of the minimum criteria listed in the law.
C e04 -(-(Z- 5 7 TE S i A) C
(name of the person, partnership or corporation submitting this proposal)
I aZ Sl ds'1 --v SLR f- U f S /et-&- t MN sr -S-4 la
(business address)
Signed:
1L3/-
(bidde o uthorized representative) Date
City of Shakopee — Quotation Form
Trail Sealcoat Project
March 2026
Page 3 of 3
76
PRIME CONTRACTOR RESPONSE
RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE
PROJECT TITLE: 2026 Shakopee Trail Sealcoat Project
This form includes changes by statutory references from the Laws of Minnesota 2015, chapter 64,
sections 1-9. This form must be submitted with the response to this solicitation. A response
received without this form, will be rejected.
Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. ... any prime contractor or subcontractor or motor carrier that
does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible
contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project...
Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor"
means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the
work on the project and verifies that it meets the following minimum criteria:
(1)
The Contractor:
(i) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is in compliance with Department of Revenue and Department of Employment and Economic Development
registration requirements if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign
corporation or cooperative.
(2)
The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not
violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148.
For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total
underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated" only if
it involves two or more separate and distinct occurrences of underpayment during the three-year period;
(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final;
(iii) has been issued at least two determination letters within the three-year period by the Department of
Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the
sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of
the United States Department of Labor that have become final or have been upheld by an administrative law
judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as
an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or
related entity contests a determination of underpayment by the Department of Transportation in a contested
case proceeding, a violation does not occur until the contested case proceeding has concluded with a
determination that the contractor or related entity underpaid wages or penalties;*
Revised 9/29/2015
Page 1 of 5
77
(3)
The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs
when a contractor or related entity has been issued a final administrative or licensing order;*
(4)
The contractor or related entity has not, more than twice during the three-year period before submitting the
verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the
provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the
Office of Administrative Hearings or was not appealed to the office;*
(5)
The contractor or related entity has not received a final determination assessing a monetary sanction from the
Department of Administration or Transportation for failure to meet targeted group business, disadvantaged
business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during
the three-year period before submitting the verification;*
* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to
July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the
minimum criteria.
(6)
The contractor or related entity is not currently suspended or debarred by the federal government or the state of
Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to
debar a contractor; and
(7)
All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to
the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria
listed in clauses (1) to (6).
Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its
first -tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and
as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall
submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3,
clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the
minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor.
If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its
verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each
additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental
verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional
subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of
compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and
subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a
direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by
their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification
of compliance with actual knowledge that it contains a false statement.
Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor
carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer
verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with
each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with
immediate written notification in the event that the motor carrier no longer meets one or more of the minimum
criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on
a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime
contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all
motor carriers providing for -hire transportation of materials, equipment, or supplies for a project.
Revised 9/29/2015
Page 2 of 5
78
Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a
signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in
subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document.
A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a
responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A
prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum
criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a
construction contract on the project for which the verification was submitted.
A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a
construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that
submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a
contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria
or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic
verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of
compliance under this section provided that it contains an electronic signature as defined in section 325L.02,
paragraph (h).
CERTIFICATION
By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in
compliance with Minn. Stat. § 16C.285, and
2) if my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and
3) if my company is awarded a contract, I will also submit Attachment A-2 as required.
Authorized Signature Owner or Officer:
Printed Name:
Ctir'3 ?8,- (' c- tt.A`"i
Title:
P42-2. s.o € ,)-c.
Date:
3 I a- 3 / ..-v,D-. Co
Company Name:
te* !s - S iA`i-ME SC,4._coArt c -
NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document,
a contracting authority may award a construction contract to the responding prime contractor even if the
minimum criteria in subdivision 3 are not met.
Revised 9/29/2015
Page 3 of 5
79
ATTACHMENT A-1
FIRST -TIER SUBCONTRACTORS LIST
SUBMIT PRIOR TO EXECUTION OF A CONSTRUCTION CONTRACT
PROJECT TITLE: 2026 Shakopee Trail Sealcoat Project
Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance
under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Prior to
execution of a construction contract, and as a condition precedent to the execution of a construction contract, the
apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath
confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all
subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or
officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract
with each subcontractor.
FIRST TIER SUBCONTRACTOR NAMES*
(Legal name of company as registered with the Secretary of
State)
Name of city where company
home office is located
/1/4)1k
*Attach additional sheets as needed for submission of all first -tier subcontractors.
SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1
By signing this document I certify that I am an owner or officer of the company, and I swear under oath
that:
All first -tier subcontractors listed on attachment A-1 have verified through a signed statement under
oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined
in Minn. Stat. § 16C.285.
Authorized Signature of Owner or fficer:
Printed Name:
Date:
Title:
Company Name:
CS -fl 014E E P- S i A -y S A—LccA4 cc ..JJC
Revised 9/29/2015
Page 4 of 5
80
ATTACHMENT A-2
ADDITIONAL SUBCONTRACTORS LIST
PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT
PROJECT TITLE: 2026 Shakopee Trail Sealcoat Project
This form must be submitted to the Project Manager or individual as identified in the solicitation document.
Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the
project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of
compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a
supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the
additional subcontractors.
ADDITIONAL SUBCONTRACTOR NAMES*
(Legal name of company as registered with the Secretary of
State)
NlA
Name of city where company
home office is located
*Attach additional sheets as needed for submission of all additional subcontractors.
SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2
By signing this document I certify that
that:
All additional subcontractors listed on
oath by an owner or officer that they meet
in Minn. Stat. § 16C.285.
I am an owner or officer of the company, and I swear under oath
Attachment A-2 have verified through a signed statement under
the minimum criteria to be a responsible contractor as defined
Authorized Signature of O r or, fficer:
Printed Name:
atier 1r t
Title:
eti-ES) O E,A)-r-
Date:
'3' O-3 ( Sato
Company Name:
G--cD P tt E. (Z 5 TAT£ -5E4 Lc4 T 'Z .NC
Revised 9/29/2015
Page 5 of 5
81
regarding termination of any subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this Contract shall create any contractual relation
between the subcontractor and the City or between any subcontractors.
5. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten
days of receipt of payment from the City for undisputed services provided by the subcontractor. If
the Contractor fails to pay within ten days, the Contractor shall pay the subcontractor interest at the
rate of one and one-half percent per month or part of month to the subcontractor on any undisputed
amount not paid on time to the subcontractor, in accordance with Minn. State. Sec. 471.425, Subd.
4a.
6. City Instructions. The City may declare the contract forfeited, should the Contractor
persistently disregard instructions of the City or fail to observe or perform any provisions of this
Contract.
9. Duplicate Originals. This Contract shall be executed in two copies; one (1) copy being
retained by the City, one (1) to be delivered to the Contractor.
10. Nondiscrimination. The Contractor agrees in the performance of this Contract not to
discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age, against any
employee of Contractor or applicant for employment, and shall include a similar provision in all
subcontracts let or awarded hereunder
11. Jurisdiction. This agreement and every question arising hereunder shall be construed
or determined according to the laws of the State of Minnesota.
CONTRACTOR CITY OF SHAKOPEE, MINNESOTA
By By
GP 1-122 5 7 r j 5 -i-2' Matt Lehman/Mayor
By
By
Bill Reynolds/City Administrator
City of Shakopee — Contract
Form Trail Sealcoat Project
March 2026
Page 2 of 2
82
City of Shakopee
County of Scott
TRAIL MAINTENANCE COOPERATIVE AGREEMENT
THIS AGREEMENT, 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 "City".
RECITALS:
A. County and City each have responsibility for trail maintenance of trails within their
respective jurisdictions.
B. County and City have agreed to cooperate in a maintenance program on trails along
County Highways located within the City of Shakopee and have agreed to share in the
cost of work covered equally.
C. City will lead the trail sealcoating program ("TSP") on trails within its city limits.
D. County agrees to participate fifty/fifty (50/50) in the cost of trails along County
Highways within the City led TSP.
E. This Agreement is made pursuant to the authority conferred upon the Parties
pursuant to Minn. Stat. §471.59.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. Incorporation
The recitals above are hereby restated and incorporated herein.
2. Scope of Services
a. City shall annually provide, to the County, maps showing the proposed locations for
their TSP for trails along County Highways including estimating quantities and costs
thereof on or before October 1st prior to the construction year (example: October 1,
2024, is the deadline for the 2025 construction year).
b. City will prepare all estimates under their TSP and provide updates to said estimates
for TSP projects along County Highways to the County as soon as possible.
c. City shall prepare bid documents and advertise for bids for the work and
construction, 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.
d. The City shall have the overall authority to administer the Contract and ensure the
project is delivered on schedule. The County Engineer shall cooperate with the City
Engineer and his staff at their request to the extent necessary.
e. The City shall require all contractors under Contract to provide proper traffic control
on County Highways and the City shall provide oversight to ensure compliance.
1
83
City of Shakopee
County of Scott
3. Payment
The City shall invoice the County upon Contract closeout for fifty percent (50%) of the
actual Contract costs based on the final measured amounts on TSP projects along
County Highways. The County shall pay within thirty (30) days of receipt of the invoice.
4. Effective Date of Contract
This agreement shall be effective January 1, 2025.
5. Term of Contract
This agreement shall remain in effect until December 31, 2029.
6. Authorized Agents
The Parties shall appoint an authorized agent for the purpose of administration of this
agreement. City is notified of the authorized agent of Scott County as follows:
Joe Wiita, or his successor
Highway Division Program Manager
Scott County Transportation Services
200 Fourth Avenue West
Shakopee, MN 55379
(952) 496-8063
jwiita@co.scott.mn.us
The County is notified the authorized agent for City is as follows:
Bill Egan, or his successor
Public Works Director
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
(952) 233-9555
began@shakopeemn.gov
7. County and State Audit
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.
2
84
City of Shakopee
County of Scott
8. Liability and Indemnity
a. 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.
b. 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 to limit each party's total liability for all claims
arising from a single occurrence, include the other party's claim for indemnification,
to the limits prescribed under §466.04. It is further understood and agreed that the
Parties' total liability shall be limited by Minn. Stat. §471.59, Subdivision 1 a. as a
single governmental unit.
c. 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 Workers' 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.
9. Insurance
Since each Party is a political subdivision of the State of Minnesota, each Party shall
maintain a program of self-insurance or insurance covering general liability and
automobile liability coverage protecting itself, its officers, agents, employees and duly
authorized volunteers against any usual and customary public liability claims to the limits
prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation in accordance
with the Minnesota statutory requirements. Said coverage shall be kept in effect during
the entire term of this Agreement.
10. Data Practices
All records kept by the Parties and the County with respect to the Project shall be
3
85
City of Shakopee
County of Scott
subject to examination by the representatives of each party. All data collected, created,
received, maintained or disseminated forany 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. Equal Employment and Americans with Disabilities
In connection with the work under this agreement, City agrees to comply with the
applicable provisions of state and federal equal employment opportunity and
nondiscrimination statutes and regulations. In addition, upon entering into this agreement,
City certifies that it has been made fully aware of Scott County's Equal Employment
Opportunity and Americans With Disabilities Act Policies, that it supports these policies
and that it will conduct its own employment practices in accordance therewith. Failure on
the part of City to conduct its own employment practices in accordance with County Policy
may result in the withholding of all or part of regular payments by the County due under
this agreement unless or until City complies with the County policy, and/or suspension or
termination of this agreement.
12. Controlling Law
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.
13. Changes/Amendments
The parties agree that no change or modification to this agreement, or any attachments
hereto, shall have any force or effect unless the change is reduced to writing, dated,
and made part of this agreement. The execution of the change shall be authorized and
signed in the same manner as this agreement, or according to other written policies of
the original parties.
14. Severability
In the event any provision of this Agreement shall be held invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties unless such
invalidity or non -enforceability would cause the Agreement to fail its purpose. One or
more waivers by either party of any provision, term, condition or covenant shall not be
construed by the other party as a waiver of a subsequent breach of the same by the
other party.
15. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained herein
and that this agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the County and City relating to the subject matter hereof.
4
86
City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement
to be executed intending to be bound thereby.
CITY OF SHAKOPEE
And
Matt Lehman, Mayor William H. Reynolds, City Administrator
Date aLSIUOji,
AtCl.�.
By Lezlie Vermillion (Feb 25, 2025 06:54 CST)
Date
COUNTY OF SCOTT
Lezlie Vermillion, County Administrator
Date 02/25/2025
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
Kuht whil-man
Attikatty W
By Kurt Whitman (Feb 24, 2025 13:06 CST) By Anthony J. Winiecki (Feb 24, 2025 13:05 CST)
Kurt Whitman for Jeanne Andersen Anthony J. Winiecki
Assistant County Attorney
County Engineer
Date 02/24/2025 Date 02/24/2025
6
87
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY, MINNESOTA
Date: December 17, 2024
Resolution No.: 2024-286
Motion by Commissioner: Tom Wolf
Seconded by Commissioner: Jon Ulrich
RESOLUTION NO. 2024-286; AUTHORIZING ENTERING A COOPERATIVE AGREEMENT FOR PREVENTATIVE TRAIL
MAINTENANCE AND JOINT PURCHASING WITH THE CITIES WITHIN SCOTT COUNTY
WHEREAS, in 2019, County Highway Department staff met with City Engineers and Maintenance Supervisors within the County, to
discuss the significant investment in trail infrastructure in communities and necessary preventative trail maintenance; and
WHEREAS, research has shown that preventative maintenance extends the life of the trail if performed regularly and to assist the
Cities, the County splits costs 50/50 with each community in our cost sharing policy; and
WHEREAS, on December 5, 2019 (Resolution No. 2019-167), the County Board approved entering into a Trail Preventative
Maintenance and Joint Purchasing Cooperative Agreement with the Cities; and
WHEREAS, the cities of Shakopee and New Prague have chosen to opt out of the agreement and administer their own trail
maintenance programs of which the County participates 50/50; and
WHEREAS, the Cooperative Agreement is expiring on December 31, 2024, and staff recommends continuing this program for another
five years.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for the County of Scott, Minnesota, that it hereby
authorizes entering into a cooperative agreement, expiring December 31, 2029, for preventative trail maintenance and joint purchasing
with the Cities within Scott County.
BE IT FINALLY RESOLVED that the Board authorizes the County Administrator to execute the agreement on behalf of the County,
subject to approval by the County Attorney's Office as to form.
VOTE RESULTS:
Yes: Barb Weckman Brekke, Tom Wolf, Jody Brennan, Dave Beer, Jon Ulrich
No: None
Absent:
Abstain: None
State of Minnesota)
County of Scott )
I, Lezlie A. Vermillion, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have
compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County,
Minnesota, at their session held on December 17, 2024 now on file in my office, and have found „the same to be a true and correct copy
thereof. Witness my hand and official seal at Shakopee, Minnesota, on December'.
County Administrator
Administrator's Designee
Page 15 of 341 88
Shakopee_TrailMaintenance(2025-2029)
Final Audit Report
2025-02-25
Created: 2025-02-24
By: Mary Keen (mkeen@co.scott.mn.us)
Status: Signed
Transaction ID: CBJCHBCAABAA_gHechokzZVq_MzNM8bBkCguWpVwwlyB
"Shakopee_TrailMaintenance(2025-2029)" History
Document created by Mary Keen (mkeen@co.scott.mn.us)
2025-02-24 - 5:48:35 PM GMT- IP address: 70.98.222.192
Document emailed to Paul Hajduk (pahajduk@co.scott.mn.us) for approval
2025-02-24 - 5:50:52 PM GMT
Email viewed by Paul Hajduk (pahajduk@co.scott.mn.us)
2025-02-24 - 6:42:53 PM GMT- IP address: 104.47.64.254
Z Document shared with Kelly Durkin -Loo (kdurkinloo@co.scott.mn.us) by Paul Hajduk
(pahajduk@co.scott.mn.us)
2025-02-24 - 6:43:42 PM GMT- IP address: 66.41.95.42
Document approved by Paul Hajduk (pahajduk@co.scott.mn.us)
Approval Date: 2025-02-24 - 6:45:04 PM GMT - Time Source: server- IP address: 66.41.95.42
Document emailed to Tony Winiecki (TWiniecki@co.scott.mn.us) for signature
2025-02-24 - 6:45:06 PM GMT
Email viewed by Tony Winiecki (TWiniecki@co.scott.mn.us)
2025-02-24 - 7:03:13 PM GMT- IP address: 104.47.65.254
Signer Tony Winiecki (TWiniecki@co.scott.mn.us) entered name at signing as Anthony J. Winiecki
2025-02-24 - 7:05:14 PM GMT- IP address: 156.99.27.235
Document e -signed by Anthony J. Winiecki (TWiniecki@co.scott.mn.us)
Signature Date: 2025-02-24 - 7:05:16 PM GMT - Time Source: server- IP address: 156.99.27.235
Document emailed to Kurt Whitman (kwhitman@co.scott.mn.us) for signature
2025-02-24 - 7:05:18 PM GMT
Email viewed by Kurt Whitman (kwhitman@co.scott.mn.us)
2025-02-24 - 7:05:48 PM GMT- IP address: 104.47.64.254
.Scot/
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Document e -signed by Kurt Whitman (kwhitman@co.scott.mn.us)
Signature Date: 2025-02-24 - 7:06:10 PM GMT - Time Source: server- IP address: 97.92.19.13
Document emailed to Lezlie Vermillion (Ivermillion@co.scott.mn.us) for signature
2025-02-24 - 7:06:12 PM GMT
Email viewed by Lezlie Vermillion (Ivermillion@co.scott.mn.us)
2025-02-25 - 12:53:35 PM GMT- IP address: 104.47.65.254
Document e -signed by Lezlie Vermillion (Ivermillion@co.scott.mn.us)
Signature Date: 2025-02-25 - 12:54:12 PM GMT- Time Source: server- IP address: 73.37.133.80
Agreement completed.
2025-02-25 - 12:54:12 PM GMT
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90
SHAKOPEE
WI"LAI
Shakopee City Council 6.1
April 7, 2026
Agenda Item: JCI Shakopee Donation
Prepared by: Mark Schneider, Recreation Program Manager
Reviewed by: Kelsi McNutt
Action to be considered:
Approve Resolution R2026-054, for Egg Hunt & Candy Grab donation and Huber Park
Concert Series sponsorship.
Motion Type:
Simple Majority
Background:
Over the past several years, JCI Shakopee has generously supported the City's Annual Egg
Hunt & Candy Grab event by donating toys for event participants. Additionally this year,
they have also chosen to add a monetary donation that will help offset the cost of a
number of the Huber Park Concert Series performers. Their ongoing contributions
continue to add to the great experiences that our residents enjoy year after year.
The estimated value of both in -kind and monetary donations is $6,200
Recommendation:
Approve Resolution R2026-054, for Egg Hunt & Candy Grab event donation and Huber
Park Concert Series sponsorship.
Budget Impact:
The funds accepted assist in offsetting the cost of programs and events to allow the Parks
and Recreation Department to offer programs and events to the community of Shakopee.
Attachments:
Res. R2026-054.pdf
91
RESOLUTION NO. R2026-054
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTANCE OF DONATION AND SPONSORSHIP FUNDS FOR RECREATION
PROGRAMS
WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which
established procedure relating to the receipt of gifts and donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations of real property shall be
accepted by resolution of the City Council, and shall require a two-thirds majority of the Council
for acceptance; and
WHEREAS, the following businesses have generously given a monetary donation or
sponsorship.
Name
JCI Shakopee
Type Description
Sponsorship Egg Hunt & Concerts
Amount
$6,200
WHEREAS, such donations will be used for recreational programs & events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the donation is gratefully accepted; and
FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt
of the gift and expressing the appreciation of the City Council.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held
this 7th Day of April 2026.
Matt Lehman
Mayor of the City of Shakopee
ATTEST:
City Clerk
92
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.m
April 7, 2026
Parks & Recreation Special Event Donations
Mark Schneider, Recreation Program Manager
Kelsi McNutt
Action to be considered:
Approve Resolution R2026-053, accepting sponsorship funds for recreation programs.
Motion Type:
Simple Majority
Background:
The City has received a monetary donation from additional businesses who have
sponsored various recreation programs and events.
Name
Type
Description
Amount
TruStone Financial
Premier Sponsorship
& Title Movie Sponsor
3 events & 3 movies
$4,500
Kraus Anderson
Event Sponsorship
Spooky Family Fun
$1,000
Recommendation:
Approve Resolution R2026-053, accepting sponsorship funds for recreation programs.
Budget Impact:
The funds accepted assist in offsetting the cost of programs and events to allow the Parks
and Recreation Department to offer programs and events to the Shakopee Community.
Attachments:
Res. R2026-053.pdf
93
RESOLUTION NO. R2026-053
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTANCE OF DONATION AND SPONSORSHIP FUNDS FOR RECREATION
PROGRAMS
WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which
established procedure relating to the receipt of gifts and donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations of real property shall be
accepted by resolution of the City Council, and shall require a two-thirds majority of the Council
for acceptance; and
WHEREAS, the following businesses have generously given a monetary donation or
sponsorship.
Name
TruStone Financial
Kraus Anderson
Type Description Amount
Sponsorship 3 Events & 3 Movies $4,500
Sponsorship Spooky Family Fun $1,000
WHEREAS, such donations will be used for recreational programs & events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the donation is gratefully accepted; and
FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt
of the gift and expressing the appreciation of the City Council.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held
this 7th Day of April 2026.
Matt Lehman
Mayor of the City of Shakopee
ATTEST:
City Clerk
94
SHAKOPEE
Shakopee City Council 6.n
April 7, 2026
Agenda Item: Approval of the March 17, 2026, City Council Minutes
Prepared by: Rick Parsons
Reviewed by:
Action to be considered:
Approve the March 17, 2026, City Council minutes
Motion Type:
Simple Majority
Background:
N/A
Recommendation:
Approve the March 17, 2026, City Council minutes.
Budget Impact:
N/A
Attachments:
03-17-2026 City Council Minutes
95
3/27/26, 3:22 PM City Council & SPUC
SHAKOPEE
City Council a SPUC
City Hall
485 Gorman Street
Shakopee, MN, 55379
Tuesday, March 17, 2026
7:00 p.m.
Vision: Shakopee is a place where people want to be! A distinctive river town, with a
multitude of business, cultural and recreational opportunities in a safe, welcoming, and
attractive environment for residents and visitors.
Mission: Our mission is to deliver high quality services essential to maintaining a safe
and sustainable community. We commit to doing this cost-effectively, with integrity and
transparency.
1) Call to Order
2) Roll Call
PRESENT:
Mayor Lehman, Council Member Contreras, Council Member Whiting, Council
Member DuLaney, and Council Member Lara
ABSENT:
None.
ALSO PRESENT:
None.
3) Pledge of Allegiance
4) Approval of Agenda
Council Member Lara made a motion to approve the agenda, second by
Council Member Contreras and the motion passed. 5 - 0
5) Consent Agenda
5.a) Monthly Financial Report - February 2026
https://shakopeemn.granicus.com/MinutesViewer.php?cl ip_id=250&doc_id=60e34b95-22fd-11f1-bb28-005056a89546&form_id=
3/27/26, 3:22 PM
City Council & SPUC
5.b) Award Contract for the 2026 Bituminous Pavement Rehabilitation
Projects and Accept a Proposal from Stantec for Construction Services
5.c) Award Contract for the 2026 Bituminous Pavement Rejuvenation
Project
5.d) 2026 Sanitary Sewer and Storm Sewer Televising
5.e) Approve a Cooperative Agreement with Scott County for the
Construction and Maintenance of the CH21 and Southbridge
Parkway/Pike Lake Road Improvement Project
5.f) Approve a Reimbursement and Easement Agreement with Chick-fil-A
for the Old Carriage Court Corridor Improvement Project
5.g) Approve plans and authorize bidding for the Lions Park Parking Lot
Improvement Projects
5.h) Approve plans and authorize bidding for the Shenandoah Drive and
Schenian Street Intersection Improvements
5.i) Approve a Cooperative Agreement with Shakopee Public Utilities for
the Adams Street Watermain Improvements
5.j) Approve a Grant Agreement with MnDOT for SS4A Matching Funds
5.k) Surplus Property
5.l) Approval of the March 3, 2026, City Council Minutes
5.m) Delegation by the State of Minnesota for Plumbing Review by Adoption
of Ordinance No. O2026-008
5.n) Accept Minnesota Department of Labor and Industry's MNOSHA
Workplace Safety Consultation Program Grant Award
5.o) Approve Grant of Easement for Xcel Energy Gas Relocation with the
Marystown Road Reconstruction Project
5.p) Ordinance O2026-005 amending City Code Section 151.002 and 151.007
K. related to wireless communication towers
5.q) Interim Use Permit for temporary construction trailer at 1099 Adams St
S
5.r) Approve hiring Communications Specialist - Digital Media at Step 6
Council Member Whiting made a motion to approve the consent agenda,
second by Council Member DuLaney and the motion passed. 5 - 0
6) Public Comment
https://shakopeemn.granicus.com/MinutesViewer.php?cl ip_id=250&doc_id=60e34b95-22fd-11f1-bb28-005056a89546&form_id=
3/27/26, 3:22 PM City Council & SPUC
7) Business removed from consent agenda
8) General Business
8.a) Final Plat of BLUFF VIEW 2ND ADDITION
Council Member Contreras made a motion to approve Resolution
R2026-034, approving the Final Plat of BLUFF VIEW 2ND ADDITION.,
second by Council Member DuLaney and the motion passed. 4 - 1
Nays: Council Member Whiting
9) Joint Meeting with SPU
9.a) Shakopee Public Utilities Year in Review
Informational only.
9.b) City Annexation and Future Planning
Informational only.
9.c) Pilot Agreement Amendment
Informational only.
10) Reports
10.a) City Bill List
10.b) News and Announcements
11) Other Business
12) Adjourn to April 7, 2026, at 7:00 pm
Council Member Lara made a motion to adjourn to April 7, 2026, at 7:00 pm,
second by Council Member Contreras and the motion passed. 5 - 0
https://shakopeemn.granicus.com/MinutesViewer.php?cl ip_id=250&doc_id=60e34b95-22fd-11f1-bb28-005056a89546&form_id=
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.o
April 7, 2026
Approve a Cooperative Agreement with the DNR for inclusion of Shore
Fishing elements with the Minnesota Riverbank Stabilization
Improvements
Alex Jordan, City Engineer
Action to be considered:
Approve a Cooperative Agreement with the DNR to provide reimbursement for design of
shore fishing elements with the Minnesota Riverbank Stabilization Improvements.
Motion Type:
Simple Majority
Background:
The DNR Fish and Wildlife Division notified city staff that state funding is available
through the Get Out MORE program to include shore fishing opportunities along the
Minnesota River. The DNR is requesting to partner with the City to include those elements
with the upcoming Minnesota Riverbank Stabilization project. The fishing elements would
consist of installing large flat stones within the planned riprap at key locations along the
river, including the planned lower trails, tiered platforms and marina. The stones would
allow fishers to get closer to the river on stable platforms.
Recommendation:
Approve the Agreement
Budget Impact:
The Cooperative Agreement is necessary for the DNR to reimburse the City for the design
of the shore fishing elements. The agreement includes a not to exceed reimbursement
amount of $10,000. After the design is completed, the agreement will be amended to
include reimbursement for construction of the fishing elements. The City's contribution to
the project would include maintenance of the platforms.
Attachments:
City-of-Shakopee_Shore-Fishng-Stuctures.docx
99
m
MINNESOTA
State of Minnesota
Cooperative Agreement
SWIFT Contract #:
HUBER PARK - MINNESOTA RIVER PUBLIC SHORE FISHING STRUCTURES
LAND USE, OPERATIONS, AND MAINTENANCE COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND CITY OF SHAKOPEE
This Cooperative Agreement ("Agreement") is between the State of Minnesota, acting through its Commissioner
of the Department of Natural Resources ("State") and City of Shakopee, ("City"), collectively referred to as
("Parties").
Recitals
The Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes
Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and
Under Minnesota Statutes § 471.59, subd. 10, the State is empowered to engage such assistance as deemed
necessary; and
The State and City have determined that the design, construction and long-term maintenance of shore fishing
structures on the Minnesota River at Huber Park ("Project") is of high priority under the state public water
access program; and
The shore fishing structures on the Minnesota River will be located on City owned land at Section 01, Township
115N, Range 23W, described as Huber Park, and used for fishing, observation, and other compatible uses
("Shore Fishing Structures"), and
The Parties desire to complete the Project in phases, beginning with engineering design. Subsequent phases,
including construction and long-term maintenance, may be incorporated through an amendment to this
Agreement.
The City Council has authorized the City to enter into this Agreement.
Agreement
1. Term of Agreement
1,1 Effective Date: April 20, 2026, or the date the State obtains all required signatures under Minn. Stat. §
16C.05, subd. 2, whichever is later.
1,2 Expiration Date: June 30, 2026, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
Page 1 of 6
100
2. Agreement between the Parties
2.1 City's Duties and Responsibilities. The City shall:
a. Retain an engineer to develop plans and specifications for up to three (3) shore fishing locations
within Huber Park. The design shall include placement of large flat stone fishing stations integrated
into the existing rip -rap, with consideration for varying river elevations.
b. Upon completion of the engineering design and receipt of construction cost estimates, the Parties
may, at their sole discretion, amend this Agreement to include additional phases of work, including
but not limited to construction, installation, and long-term maintenance. Such additional work shall
not proceed unless authorized through a fully executed written amendment to this Agreement.
2.2 State's Duties and Responsibilities. The State shall:
a. Review and approve the engineering design and construction cost estimates.
3. Funding
The State shall provide funding to the City for their responsibilities under Clause 2 of this Agreement, however
the total obligation of the State for the engineering design shall not exceed $10,000.00. The total obligation of
the State for its responsibilities under Clause 2 of this Agreement shall be limited to the amount of funds
legislatively appropriated and administratively allocated to this project. No additional funding will be provided,
unless agreed upon by all parties and an amendment to this Agreement is completed and executed. The City will
invoice the state for approved engineering design costs. Reimbursement will be due within thirty (30) days of
the acceptance of the invoice by the State's authorized representative. The City will not receive payment for
work found by the State to be unsatisfactory or performed in violation of federal, state or local law.
4. Authorized Representatives
The State's Authorized Representative, or their successor, is:
Mario Travaline
West Metro Fisheries Specialist
7050 Highway 101 E., Shakopee, MN 55379
mario.travaline@state.mn.us 1952-236-5174
The City's Authorized Representative, or their successor, is:
Alex Jordan
City Engineer — City of Shakopee
485 Gorman Street, Shakopee, MN 55379
AJordan@shakopeemn.gov 1952-233-9361
5. Assignment, Amendments, Waiver, and Contract Complete.
5.1 Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement
without the prior consent of the State and a fully executed assignment agreement, executed and
approved by the authorized parties or their successors.
Page 2 of 6
101
5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it
has been executed and approved by the authorized parties or their successors.
5.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the
provision or its right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
6. Liability
Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by
law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall
be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Nothing in
this agreement is intended to waive the state's tort claims limits or defenses as set forth in Minn Stat. 3.736 or
any of its other defenses at common law or as provided by statutes not expressly provided here in. The City's
liability shall be governed by Minnesota Statutes Sections 466.01- 466.15, and other applicable law.
7. State Audits.
Under Minn. Stat. § 16C.05, subd. 5, the City's books, records, documents, and accounting procedures and
practices relevant to this Agreement are subject to examination by the State, the State Auditor, or Legislative
Auditor, as appropriate, for a minimum of six (6) years from the expiration or termination of this Agreement.
8. Government Data Practices.
The City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if
the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)
as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government
Practices Act, Minn. Stat. Ch. 13, by either the City or the State.
If the City receives a request to release the data referred to in this clause, the City must immediately notify and
consult with the State's Authorized Representative as to how the City should respond to the request. The City's
response to the request shall comply with applicable law.
9. Publicity and Endorsement.
9.1 Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, information posted on corporate or other websites, research, reports,
signs, and similar public notices prepared by or for the City individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from this
Agreement.
All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of
Minnesota guidelines for creating accessible electronic documents can be found at the following URL:
Page 3 of 6
102
9.2 Endorsement. The City must not claim that the State endorses its products or services.
10. Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11. Termination
11,1 Termination. The State or the City may terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to the other party.
11.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered herein.
Termination must be by written or fax notice to the City. The State is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the City will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the
extent that funds are available. The State will not be assessed any penalty if the Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the City notice of the lack of funding within a reasonable
time of the State's receiving that notice.
12. Force Majeure
Neither party shall be responsible to the other or considered in default of its obligations within this Agreement
to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot,
disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or
occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the
delay or failure to perform. A party relying on this provision to excuse performance must provide the other party
prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as
practicable.
13. E -Verify Certification (in accordance with Minn. Stat. § 16C.075).
For services valued in excess of fifty thousand dollars ($50,000), the City certifies that as of the date of services
performed on behalf of the State, City and all its subcontractors will have implemented or be in the process of
implementing the federal E -Verify Program for all newly hired employees in the United States who will perform
work on behalf of the State. The City is responsible for collecting all subcontractor certifications and may do so
utilizing the E -Verify Subcontractor Certification Form available at
http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept
on file with Contractor and made available to the State upon request.
14. Exhibits.
The following Exhibits are attached and incorporated into this Agreement. In the event of a conflict between the
terms of this Agreement and its Exhibits, or between Exhibits, the order of precedence is first the Agreement,
and then in the following order:
Exhibit A: Map
Page 4 of 6
103
1. State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05
3. State Agency
With delegated authority
Print Name: Sacia Matheson Print Name: Bradford Parsons
Signature: Signature:
Title: Contracts Officer Date: Title: Fisheries Section Manager Date:
SWIFT Contract No.
2. City 4. Commissioner of Administration
As delegated to The Office of State Procurement
Print Name: Print Name:
Signature: Signature:
Title: Date: Title: Date:
Admin ID:
Print Name:
Signature:
Title: Date:
Page 5 of 6
104
Exhibit A: Map
Minneapolis
Minnesota River - Huber Park
City of Shakopee
Metropolitan Council, MetroGl5, 11N Dept namml Resources, Esn,
'1,noTom, GRI111111, FAO, NO:41, USGS, ER1, L'SFS'S, \LN DNR
Map by Jim Levitt - March 2026
2026
Coordinate System: NAD 1983 UT r1 Zone I 5N
A
('Sri
IF l
Page 6 of 6
105
WI"LAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.p
April 7, 2026
Proposed Modifications to Schleper Field
Michael Kerski, Planning and Development Director
Michael Kerski
Action to be considered:
Approve
Motion Type:
Simple Majority
Background:
Over the past year, City staff has worked collaboratively with representatives of the Joe
Schlepper Field Fund (JSSF) to evaluate and advance improvements to Schlepper Field.
The goal of this effort has been to enhance player safety, spectator experience, and
overall field functionality while leveraging private investment and ongoing maintenance
commitments from the JSSF.
Schlepper Field serves as a key community asset supporting youth baseball, local
programming, and community events. As usage has increased, opportunities have been
identified to modernize the facility and address safety and operational needs.
PROPOSED IMPROVEMENTS
The proposed improvements focus on upgrades to the backstop and spectator interface
areas, including:
1. Backstop and Netting Enhancements
• Installation of a new vertical backstop system
• Addition of high -strength Dyneema netting between existing poles and new
backstop poles
• Extension of netting to improve foul ball containment and spectator safety
• Integration with existing cable systems for consistency and durability
The JSSF has committed to funding and maintaining all netting improvements
2. Fence Modifications
Removal of the existing 6 -foot fence behind home plate
106
Reconfiguration of the area to improve:
• Sightlines
• Circulation
• Accessibility
3. Home Plate Patio / Spectator Area Enhancements
Creation of an improved home plate viewing/patio area
Enhanced spectator experience with:
• Better visibility
• Increased usable space
• Improved flow around the field
Recommendation:
Approve modifications to Schleper Field as proposed.
Budget Impact:
Funding of netting and backstop improvements and ongoing maintenance of netting
system will be done by JSFF
Attachments:
Homeplate patio sketch 3-25-26.pdf
107
SHAKOPEE
Shakopee City Council 6.q
April 7, 2026
Agenda Item: 2025 Year-end General Fund Transfers
Prepared by: Nate Reinhardt, Finance Director
Reviewed by:
Action to be considered:
Approve 2025 General Fund transfers of $475,000 to the Buildings Fund and $1,850,000
to the Parks Development Fund.
Motion Type:
Simple Majority
Background:
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 $25.2 million as of
December 31, 2025. At this time it is an estimate only, because it is unaudited. The
fieldwork portion of our audit begins on April 13. It is not anticipated that there will be
any major 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 $3.7
million surplus.
In the past, any excess fund balance has been directed towards one-time events such as
capital improvements. Staff is requesting 2025 General Fund transfers of $475,000 to the
Buildings Fund and $1,850,000 to the Park Development Fund. The remaining amount of
fund balance exceeding 50 percent (of budgeted expenditures) will be carried forward
and the use will be determined during the 2027 budget process.
The $475,000 transfer to the Buildings Fund would provide the remaining funds needed
for the remodel of Fire Station #2. The project was awarded by City Council on March 3,
2026. The renovation is critical to accommodate staffing of the station. The building
alterations include the addition of five dormitories, additional locker and changing areas,
additional showers, a larger kitchen pantry, enhanced decontamination capability, and a
new rooftop mechanical unit. The total project cost is $1,839,458.
109
The $1,850,000 transfer to the Parks Development Fund would provide funding for the
City cost share of the Riverbank Stabilization project. The cost share was identified in the
Riverbank Stabilization and Marina project sheets of the CIP (see attached). The total
estimated cost of the projects is $16,810,000 (Riverbank Stabilization $15,810,000 and
Riverfront Marina $1,000,000). Other funding sources include federal funds, state
bonding, various grants, sanitary sewer and storm drainage funds.
Recommendation:
Adopt Resolution R2026-051, Approving General Fund Transfers of $475,000 to the
Buildings Fund and $1,850,000 to the Parks Development Fund.
Budget Impact:
If approved, the transfers will occur as of December 31, 2025 and reflected in the annual
comprehensive financial report. The remaining amount of fund balance exceeding 50
percent (of budgeted expenditures) will be carried forward and the use will be
determined during the 2027 budget process.
Attachments:
R2026-051 Approving General Fund Transfers.pdf
Riverbank Stabilization CIP Sheet.pdf
Riverfront Marina CIP Sheet.pdf
110
RESOLUTION NO. R2026-051
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA
APPROVING GENERAL FUND TRANSFERS OF $475,000 TO THE BUILDINGS FUND
AND $1,850,000 TO THE PARKS DEVELOPMENT FUND.
WHEREAS, the preliminary 2025 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; and
WHEREAS, the City Council has determined an appropriate use of a portion of unassigned
fund balance be directed towards capital project needs; and
WHEREAS, the City Council has determined any remaining unassigned fund balance
exceeding 50 percent of the subsequent year's expenditure budget will be carried forward
and further reviewed during the 2027 budget process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, hereby approves a transfer of $475,000 from the City's General
Fund to the Buildings Fund and a transfer of $1,850,000 from the City's General Fund to the Parks
Development Fund for the year -ended 12/31/2025.
Adopted in the regular session of the City Council of the City of Shakopee, Minnesota held
this 7th day of April 2026.
Mayor of the City of Shakopee
ATTEST:
City Clerk
1
111
2026 thru 2030
Project Details
Shakopee, MN
Project # PR -23-002
Project Name Riverbank Stablization
Total Project Cost $17,610,000
Department Park Development Fund
Category Park Improvements
Status Active
Accounting Code 5934/6934
Contact City Engineer
Type Improvement
Priority 1 - Have to do
Useful Life 50 years
Fund Park Development Fund
Description
Stabilize sections of the Minnesota River riverbank that has eroded along the city's parallel trunk sanitary sewer line that flows to L-16 and at storm sewer outlets.
An evaluation was completed in 2023 to determine the scope and cost of this project. This project is essential in order to complete Huber Park and the Cultural
Corridor project. Cost share funding and grant opportunities have been obtained from State Bonding and Federal Funds along with a grant from LCCMR and
Watershed Based Implementation Funding. Additional funding opportunity will be applied for from various grants and sources.
Justification
Huber Park is one of the signature parks in the Parks Master Plan. This includes the recently completed playground, riverbank stabilization, cultural corridor and
creation of a natural flooding area that will protect the main elements of the park. Eroded riverbank needs to be stabilized to protect the city's adjacent trunk
sanitary sewer, repair erosion along the riverbank and at outlets, and to minimize future erosion (Minnesota River is impaired). The stabilized river banks will help
create areas for the planned Art Plaza and Veterans Memorial.
Prior Expenditures
2026 2027 2028 2029 2030 Total
1,800,000 Improvements
15,110,000
O 0 0 0
15,110,000
Engineering/Administration
700,000
O 0 0 0
700,000
Prior Funding Sources
Total 15,810,000
O 0 0 0
15,810,000
2026 2027 2028 2029 2030 Total
1,800,000 State Bonding Funds
6,460,000
O 0 0 0
6,460,000
Cost Sharing, MnDOT/Federal
3,500,000
O 0 0 0
3,500,000
Sanitary Sewer Fund
1,760,000 0 0 0 0
1,760,000
Grants
1,549,300
0
0
0
0
1,549,300
Storm Drainage Fund
1,248, 700
0
0
0
0
1,248,700
Park Development Fund 1,000,000
O 0 0 0
1,000,000
Park Asset Internal Service Fund 200,000
O 0 0 0
200,000
Cost Sharing
92,000
0
0
0
0
92,000
Total
15,810,000
0
0
0
0
15,810,000
Budget Impact
The City received following dedicated funds for the project:
• $8,260,000 from State Bonding
• $3,500,000 EPA Grant
• $149,297 WBIF for downtown stormwater treatment
• $1,400,000 LCCMR Funds
• The City share of the Riverbank Stabilization project would be funded primarily from the Sanitary Sewer, Park Dedication and Storm Drainage Funds.
18
Produced Using Plan -It CIP Software
112
2025 thru 2029
Project Details
Shakopee, MN
Project #
Project Name
PR -19-002
Riverfront Marina/Schroeder House
Total Project Cost
Type
Priority
Useful Life
Fund
$3,901,000
Improvement
2 - Smart to do
30 years
Park Development Fund
Department Park Development Fund
Category Park Improvements
Status Active
Accounting Code 5876/6876
Project Code PR1902
Description
The Parks System Master Plan provides guidance for this development. This will provide public access to the MN River. In cooperation with Three Rivers
Park System, there may be an opportunity for boat rentals that would exit the river on the Three River's Landing property. This park development will
also allow for the preservation and reuse of the Schroeder House, the owner of the Shakopee Brick Company. The house will be used for a public
purpose as part of the parks master plan. The city already owns the property to the west as part of Huber Park. Funding for the restoration of the house
may come from the State Historic Preservation Grant program.
Justification
This is a very historic house and site and will also provide the public with access to the river. The use of the house as a potential event site will also
provide the community with another option. The event portion would be likely run by a private operator with the city reserving use of the space for
public meetings.
Prior Expenditures
2025 2026 2027 2028 2029 Total
1,300,000 Building Construction
1,301,000 0 0 0 0 1,301,000
Prior
Improvements
0 1,000,000 0 0 0 1,000,000
Planning/Design
300,000 0 0 0 0 300,000
Funding
Sources
Total 1,601,000 1,000,000 0 0 0 2,601,000
1,300,000 Park Development Fund
Grants
1,4
2025 2026 2027 2028 2029 Total
61,000 650,000 0 0 0 2,111,000
140,000 350,000 0 0 0 490,000
Total 1,601,000 1,000,000 0 0 0 2,601,000
14
Produced Using Plan -It CIP Software
113
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.r
April 7, 2026
Approve Local Funding Commitment for the Minnesota Riverbank
Stabilization Project
Alex Jordan, City Engineer
Action to be considered:
Adopt Resolution R2026-047, for Minnesota Department of Natural Resources Grant
Funding Assistance for the City of Shakopee River Stabilization Project.
Motion Type:
Simple Majority
Background:
The City's adopted 2026-2030 Capital Improvement Plan programs the construction of
the Minnesota Riverbank Stabilization Project in 2026. The projects includes stabilizing
sections of the Minnesota Riverbank, flood protection for the City's parallel sanitary
sewer, and parks integration improvements, including re-establishment of the historic
Sweeney's Marina.
The City was successful in receiving $8,260,000 in State Bonding funds for the
construction of the improvements. The Minnesota DNR is the managing agency for these
funds, which requires a grant agreement to be executed prior to disbursement. Prior to
initiating the grant agreement process, the City must demonstrate a full funding
commitment for the entire project, including the local funding sources. Resolution R2026-
047 establishes the City's financial capacity and commitment to provide the required
matching funds for the project, which include separate state and federal grants already
allocated and local sources including Park Dedication, Storm Drainage, Sanitary Sewer
and Park Asset funds. Once approved, the City of Shakopee will be authorized to execute
the grant agreement to implement the project.
The City is currently in the process of finalizing the construction plans and completing the
regulatory permitting for the project. Once the permitting is approved, the project will be
brought before the City Council for approval and authorization to bid the project, which is
expected to occur in mid summer.
Recommendation:
114
Adopt Resolution R2026-047
Budget Impact:
The funding commitment included in the resolution matches the established funding
amounts in the adopted CIP.
Attachments:
Resolution R2026-047.docx
115
RESOLUTION R2026-047
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA FOR MINNESOTA DEPARTMENT OF NATURAL
RESOURCES GRANT FUNDING ASSISTANCE FOR CITY OF SHAKOPEE RIVER STABILIZATION PROJECT
BE IT RESOLVED that the City of Shakopee, hereinafter referred to as the "Applicant" act as legal
sponsor for the Minnesota Riverbank Stabilization Project and that William H. Reynolds, City
Administrator is hereby authorized to apply for the Minnesota Department of Natural Resources for
funding of this project or phase on behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial
assistance, and the institutional, administrative, and managerial capability to ensure adequate
acquisition, construction, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED Applicant has the financial capability to provide any required
matching funds and that the source of Applicant's matching funds shall be $8,358,700 from funding
sources including local matching funds for the DNR Outdoor Recreation Grant, Storm Drainage, Park
Dedication, Park Asset and Sanitary Sewer Funds, and will not include other State funding sources.
BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the project or phase if
it exceeds the total funding provided by the General Obligation grant.
BE IT FURTHER RESOLVED that the Applicant has not incurred any reimbursable expenses prior
to the effective date of the agreement.
BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt
practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may
enter into an agreement with the State of Minnesota for the above- references project, and that the
Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. The City of Shakopee is hereby authorized to execute such agreement as are necessary to
implement the project on behalf of the applicant.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of April 2026.
116
Matt Lehman,
Mayor of the City of Shakopee
ATTEST:
Richard Parsons,
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
117
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.s
April 7, 2026
Venue Control & Traffic Control Services Agreement with Live Nation for
Mystic Lake Amphitheater
Michael Kerski, Planning and Development Director
Michael Kerski
Action to be considered:
Approve
Motion Type:
Simple Majority
Background:
The proposed Venue Control and Traffic Control Services Agreement between the City of
Shakopee and Shakopee Partners, LLC (Live Nation) formalizes the City's role in providing
public safety services for events at the Mystic Lake Amphitheater for the 2026-2030
seasons.
Under the agreement, the City will provide police services for both venue control (within
the amphitheater perimeter) and traffic control (on surrounding public roadways) for all
commercial and non-commercial events. These services include crowd management,
ingress and egress operations, traffic flow coordination, and interagency coordination
with partners such as the Minnesota State Patrol and Scott County Sheriff's Office.
The agreement establishes a structured staffing model tied to projected event
attendance, ensuring that police resources scale appropriately based on event size.
Staffing assignments include key intersections along Canterbury Road, Highway 169, and
surrounding corridors, as well as on -site positions such as gate control, command post
staffing, and event supervision.
A key feature of the agreement is the transition to a per -ticket fee structure for cost
recovery. Rather than billing on an hourly basis for most events, the City will receive a
fixed fee per paid ticket sold:
$1.50 per ticket in 2026, increasing annually to $1.70 per ticket by 2030
This approach provides:
118
• Predictable cost recovery tied directly to event attendance
• Administrative efficiency by reducing event -by -event invoicing
• Alignment of City revenues with event scale and impact
The agreement allows up to 10% of tickets to be exempt (e.g., VIP, artist, or promotional
tickets), and allows full exemption for non-commercial or community events, which will
instead be billed directly at agreed -upon rates.
For events exceeding eight hours or for non-commercial events, the City will invoice
separately for services, ensuring full cost recovery for extended or unique operational
needs.
The City will also provide fire department support services as requested, including fire
safety planning, inspections (e.g., pyrotechnics), and coordination on emergency
preparedness.
Importantly, the agreement maintains that:
• The City retains full control and supervision of its personnel
• The Manager is responsible for operations within the amphitheater and its private
parking areas
• The City controls staffing decisions based on public safety needs and personnel
availability
• The agreement term runs through December 31, 2030, providing long-term
operational clarity as the amphitheater continues to grow as a regional destination.
Operational & Financial Benefits:
• Predictable revenue stream tied to attendance rather than hours worked
• Reduced administrative burden compared to hourly invoicing
• Scalable model that grows with amphitheater success
• Risk protection through separate billing for atypical or extended events
Recommendation:
Approve Venue Control & Traffic Control Services Agreement agreement and authorize
the Mayor and City Administrator to execute same.
Budget Impact:
Covers the cost of agency overtime
119
Attachments:
City of Shakopee Security & Parking Services Agreement (LN Edits 2.24.26).pdf
120
VENUE CONTROL & TRAFFIC CONTROL SERVICES AGREEMENT
THIS VENUE CONTROL & TRAFFIC CONTROL SERVICES AGREEMENT ("Agreement") is made as of the day of
February 2026 ("Effective Date") by and between the CITY OF SHAKOPEE ("City"), a Minnesota Municipal Corporation, with an
address of 485 Gorman St., Shakopee, MN 55379, and SHAKOPEE PARTNERS, LLC, a Delaware limited liability company
("Manager") with an address of 325 N. Maple Dr., Beverly Hills, CA 90210, sometimes referred to individually as "Party" or
collectively as "Parties".
RECITALS
A. Manager is engaged in the business of providing facilities for concerts and events and desires to use the services of police
officers to be provided by the City at such concerts and events.
B. The City is willing to provide police officers for events (each an "Event") presented at Mystic Lake Amphitheater (the
"Amphitheater") located in the City during its 2026-2030 concert seasons and Manager is willing to compensate the City for
such services.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the receipt and
sufficiency of which are acknowledged, the Parties agree as follows.
1. RECITALS. The above recitals are incorporated by reference.
2. SERVICES. The following shall apply to the scope of services to be provided by the City (collectively, "Services").
2.1. The City agrees to provide police officers for venue control services ("Venue Control") at the Amphitheater and traffic control
services ("Traffic Control") outside of the Amphitheater for: (a) all 2026-2030 Commercial Events (defined below) at the
Amphitheater; and (b) 2026-2030 Non -Commercial Events (defined below), whether already scheduled or to be scheduled
between the Effective Date and December 31, 2030. It is anticipated that Manager will schedule approximately twenty (20) to
twenty-five (25) Commercial Events at the Amphitheater during each concert season, however Manager does not make any
representation, warranty, or guaranty to City as to the actual number of Commercial Events to be held at the Amphitheater during
the 2026-2030 concert seasons. The number of officers to be provided by the City for each Event is set forth in Section 4 of this
Agreement, however, Manager shall have the right to request a greater number of officers based upon individual Event needs,
safety and historical data, and subject to the mutual agreement of the Parties.
2.2. All officers provided by the City at an Event shall have such level of certification, training and experience as required by City and
the State of Minnesota. If requested by Manager, the City shall provide proof of such certification or training for any and all
officers being provided by the City at an Event.
2.3. Venue Control Services. City shall provide crowd management, including crowd control, and Amphitheater ingress and egress
control. Prior to each concert season (May through October) and monthly during each concert season, City and Manager shall
meet to review and discuss Venue Control Services.
2.4. Traffic Control Services. City shall provide traffic management, including (i) coordination with businesses surrounding the
Amphitheater, (ii) coordination with the Amphitheater's general manager, (iii) staffing to manage traffic flow, ingress, egress and
control access to Amphitheater parking facilities, (iv) coordination with Minnesota State Patrol, Scott County Sheriff's Office and
any other relevant law enforcement agency, as applicable, (v) setup and removal of all traffic control equipment and related
supplies deployed on public roadways, and (vi) reasonable efforts to coordinate Event logistics and traffic -related details with the
Minnesota Department of Transportation and any other governmental agency, as applicable. Notwithstanding the foregoing,
Manager shall remain solely responsible for traffic management within the Amphitheater and adjacent Manager -operated parking
lots.
2.5. Fire Department Support Services. City shall provide fire safety support as requested by Manager, including (i) coordination
with the Fire Department to ensure appropriate fire prevention measures are in place for each Event, (ii) deployment of fire
personnel and equipment as deemed necessary by the City and Manager, (iii) review and approval of fire safety plans and
emergency evacuation procedures, (iv) inspection of pyrotechnics, open flame elements, and other fire -related activities, and (v)
participation in pre -season and monthly in -season meetings with Manager to review fire safety protocols and operational readiness.
Notwithstanding the foregoing, Manager shall remain solely responsible for compliance with all applicable fire codes and
regulations within the Amphitheater and Manager -operated areas.
2.6. Manager may request the City to remove any of its personnel from performing Venue Control services at the Amphitheater. The
City will exercise good faith in deciding whether to grant such a request.
2.7. City shall maintain all records related to the Services for a period of three (3) years after final completion of all Services, in
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accordance with general accepted accounting principles, and Manager reserves the right to review such records upon reasonable
notice.
3. SERVICE TERMS.
3.1. City shall furnish or provide all of the materials (including equipment and supplies) and all other items necessary to perform the
Services and to carry out and perform all of City's obligations pursuant to this Agreement (the "Materials"). City acknowledges
that the Compensation includes all Materials and transportation required to provide the Services. City shall retain ownership of
all of the Materials and all risk of loss to them shall be borne solely by City. City shall be solely responsible for maintenance of
the Materials.
3.2. City is, and shall be for all purposes, an independent contractor and not a joint employer, agent or employee of Manager. City's
personnel are, and shall at all times and for all purposes be, employees of City. Other than the specific, limited authority to assign
and monitor Venue Control tasks, Manager shall have no control over the performance of City's personnel. City's personnel are
not subject to personnel policies and procedures covering Manager employees. All of City's personnel will report directly to their
City supervisors, who in turn will be responsible for the supervision of all City personnel. Any request by Manager regarding the
placement or conduct of City's employees performing Venue Control services shall be made to City supervisors, who will be
responsible for the satisfaction of such requests to the extent that they are not inconsistent with this Agreement.
4. STAFFING. City will provide the following number of police officers at each Commercial Event:
4.1. Events with a projected attendance of 17,501-19,000
4.1.1. Traffic Control
4.1.1.1. Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.1.1.2. Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.1.1.3. Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.1.1.4. Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.1.1.5. Canterbury Rd (County Hwy 83) & Hwy 101: 1 officer
4.1.1.6. Shenandoah Dr & Unbridled Ave: 1 officer
4.1.1.7. Shenandoah Dr & 4th Ave: 2 officers
4.1.1.8. Shenandoah Dr. & Hwy 101:1 officer
4.1.1.9. Rover: 1 officer
4.1.2. Venue Control
4.1.2.1. Main Gate: 2 officers
4.1.2.2. North Gate: 2 officers
4.1.2.3. South Gate: 2 officers
4.1.2.4. Command Post/Holding: 2 officers
4.1.2.5. Commander/Scheduler: 1 officer
4.2 Events with a projected attendance of 15,501-17,500.
4.2.1 Traffic Control
4.2.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.2.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.2.1.3 Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.2.1.4 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.2.1.5 Canterbury Rd (County Hwy 83) & Hwy 101: 1 officer
4.2.1.6 Shenandoah Dr & Unbridled Ave: 1 officer
4.2.1.7 Shenandoah Dr & 4t'' Ave: 2 officers
4.2.1.8 Shenandoah Dr. & Hwy 101:1 officer
4.2.1.9 Rover: 1 officer
4.2.2 Venue Control
4.2.2.1 Main Gate: 2 officers
4.2.2.2 North Gate: 2 officers
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4.2.2.3 South Gate: 2 officers
4.2.2.4 Command Post/Holding: 2 officers
4.2.2.5 Commander/Scheduler: 1 officer
4.3 Events with a projected attendance of 12,501-15,000.
4.3.1 Traffic Control
4.3.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.3.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.3.1.3 Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.3.1.4 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.3.1.5 Canterbury Rd (County Hwy 83) & Hwy 101: 1 officer
4.3.1.6 Shenandoah Dr & Unbridled Ave: 1 officer
4.3.1.7 Shenandoah Dr & 4th Ave: 2 officers
4.3.1.8 Shenandoah Dr. & Hwy 101: 1 officer
4.3.1.9 Rover: 1 officer
4.3.2 Venue Control
4.3.2.1 Main Gate: 2 officers
4.3.2.2 North Gate: 2 officers
4.3.2.3 South Gate: 2 officers
4.3.2.4 Command Post/Holding: 1 officer
4.3.2.5 Commander/Scheduler: 1 officer
4.4 Events with a projected attendance of 10,001-12,500.
4.4.1 Traffic Control
4.4.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.4.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.4.1.3 Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.4.1.4 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.4.1.5 Shenandoah Dr & Unbridled Ave: 1 officer
4.4.1.6 Shenandoah Dr & 4th Ave: 2 officers
4.4.1.7 Rover: 1 officer
4.4.2 Venue Control
4.4.2.1 Main Gate: 2 officers
4.4.2.2 North Gate: 1 officer
4.4.2.3 South Gate: 1 officer
4.4.2.4 Command Post/Holding: 1 officer
4.4.2.5 Commander/Scheduler: 1 officer
4.5 Events with a projected attendance of 7,501-10,000.
4.5.1 Traffic Control
4.5.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.5.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.5.1.3 Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.5.1.4 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.5.1.5 Shenandoah Dr & Unbridled Ave: 1 officer
4.5.1.6 Rover: 1 officer
4.5.2 Venue Control
4.5.2.1 Main Gate: 2 officers
4.5.2.2 North Gate: 1 officer
4.5.2.3 South Gate: 1 officer
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4.5.2.4 Command Post/Holding: 1 officer
4.5.2.5 Commander/Scheduler: 1 officer
4.6 Events with a projected attendance of 5,001- 7,500.
4.6.1 Traffic Control
4.6.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.6.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.6.1.3 Canterbury Rd (County Hwy 83) & N Disc Drive: 2 officers
4.6.1.4 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.6.2 Venue Control
4.6.2.1 Main Gate: 2 officers
4.6.2.2 North Gate: 1 officer
4.6.2.3 South Gate: 1 officer
4.6.2.4 Command Post/Holding: 1 officer
4.6.2.5 Commander/Scheduler: 1 officer
4.7 Events with a projected attendance of 2,501- 5,000.
4.7.1 Traffic Control
4.7.1.1 Hwy 169 & Canterbury Rd (County Hwy 83) Interchange: EB & WB: 1 officer
4.7.1.2 Canterbury Rd (County Hwy 83) & 12th Ave East: 1 officer
4.7.1.3 Canterbury Rd (County Hwy 83) & Unbridled Ave: 2 officers
4.7.2 Venue Control
4.7.2.1 Main Gate: 1 officer
4.7.2.2 North Gate: 1 officer
4.7.2.3 South Gate: 1 officer
4.7.2.4 Commander/Scheduler: 1 officer
City, in its sole discretion, may decrease the number of police officers assigned based on the availability of personnel, public safety
considerations, and other needs within the City at the time of an Event. If City is unable to provide the number of police officers listed
above, City shall notify Manager as soon as reasonably practicable before an Event, but not later than Forty Eight (48) hours before
an Event.
5. COMPENSATION.
5.1. Ticket Fee. For each Non -Exempt Ticket issued in connection with an Event open to the public that is held, programmed or
sponsored by Manager or any third -party authorized by Manager to hold, program or sponsor an Event (each, a "Commercial
Event"), Manager shall pay the Ticket Fee set forth in this Section. A "Ticket" shall mean any ticket or other similar authorization
to attend an Event. A "Non -Exempt Ticket" shall mean any Ticket which is not an Exempt Ticket. The Ticket Fee for all Services
rendered by City and completed within any given calendar month of the Term is due and payable by Manager to City no later than
the last day of the following calendar month. The amount of the Ticket Fee is as follows:
• One and 50/100 Dollars ($1.50) for Services performed by the City in 2026
• One and 55/100 Dollars ($1.55) for Services performed by the City in 2027
• One and 60/100 Dollars ($1.60) for Services performed by the City in 2028
• One and 65/100 Dollars ($1.65) for Services performed by the City in 2029
• One and 70/100 Dollars ($1.70) for Services performed by the City in 2030
5.2. Exempt Tickets. Manager may designate as "Exempt Tickets" up to Ten Percent (10%) of the Tickets issued for any Commercial
Event. Exempt Tickets are not included in the Event manifest and are limited to VIP Tickets, artists Tickets (including
complimentary Tickets), complimentary Tickets and Tickets which are for promotional purposes and not for resale. Additionally,
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Manager may designate as Exempt Tickets up to One Hundred Percent (100%) of the Tickets issued for any private Event or any
Event which may not be commercially viable but which serves the community of Shakopee (each a "Non -Commercial Event").
5.3. Compensation for Full -Day and Non -Commercial Events.
5.3.1. A "Full -Day Event" shall be defined as any Commercial Event that is booked as longer than eight (8) hours
during a single calendar day. In the event that Manager requests from City, and City provides, Services for a
Full -Day Event, (i) the Ticket Fee shall apply for the first eight (8) hours of the Full -Day Event, and (ii) the
Ticket Fee shall not apply for any Services rendered beyond eight (8) hours ("OT Services"), and City shall
invoice Manager directly for the cost of such OT Services. In the event that Manager requests from City, and
City provides, Services for a Non -Commercial Event, the Ticket Fee shall not apply and City shall invoice
Manager directly for the cost of such Services.
5.3.2. City and Manager shall mutually agree in writing upon the cost of such Services and OT Services (as
applicable) prior to each Full -Day or Non -Commercial Event. If agreement cannot be reached, City will have
no obligation to provide Services for any such Non -Commercial Event. City invoices for Full -Day and Non -
Commercial Events shall be due and payable within Thirty (30) days after receipt by Manager. Manager
payments will be mailed to City by Manager Accounts Payable. Invoices must be issued to Manager within
three (3) business days of Services or OT Services being rendered. Inquiries about payment status may be made
only after expiration of this thirty (30) day period. Any erroneous invoice will be voided and a new corrected
invoice must be submitted to Manager in order for payment to occur. In the event of a dispute or question by
Manager regarding the invoice, Manager's obligation to pay the disputed amount(s) shall be suspended until a
resolution is reached. The Parties shall use good faith to promptly resolve such dispute.
6. REPRESENTATIONS & WARRANTIES. City represents and warrants that:
6.1 It has all necessary rights and authority to enter into this Agreement and provide the Services as required by this Agreement,
and that the person executing this Agreement on behalf of City is authorized to do so.
6.2 The execution, delivery and performance of this Agreement does not violate any agreement to which it is a party.
6.3 The Services shall be performed in a diligent, timely, competent and professional manner in accordance with applicable
professional standards, including, but not limited to, Occupational Safety and Health Administration ("OSHA") standards
and regulations, and any Materials provided will be free from defects in workmanship and/or materials and fit for their
intended purpose.
6.4 It shall at all times perform its activities under this Agreement in accordance with all federal, county, state and other domestic
laws, rules, regulations, directives, and guidelines, including but not limited to complying with the Fair Labor Standards Act,
all disability access, consumer protection and privacy laws and directives, anti -bribery and corruption laws, antidiscrimination
and antiharassment (including sexual harassment) laws and safety regulations and laws, including those that are governed by
OSHA.
7 INSURANCE. City shall procure and maintain, as applicable, during the Term, all customary and prudent insurance coverage and,
except for Workers' Compensation Insurance, naming Shakopee Partners, LLC, Live Nation Worldwide, Inc., and their landlord or
licensors, if any, and their respective parents, members, partners, affiliates, divisions and subsidiaries and their respective officers,
directors and employees (collectively, "Manager Parties") as Additional Insured with respect to the operations of the Named Insured,
including: (i) Workers' Compensation Insurance as required by law, including Employer's Liability coverage with limits of at least
$2,000,000; (ii) Commercial General Liability insurance with limits of at least $1,000,000 per occurrence for any bodily injury and/
or property damage claims, personal and advertising injury or products and completed operations liability; and (iii) Automobile
Liability Insurance with a $1,000,000 combined single limit per each accident covering all owned, non -owned and hired vehicles; (iv)
umbrella liability insurance with limits of at least $1,000,000 per occurrence proving excess coverage over all limits and coverages
noted in (ii) and (iii). Policy (ii) shall cover assault and battery and does not expressly exclude abuse and molestation. Coverage naming
the Additional Insureds shall be on a primary, non-contributory basis irrespective of any other insurance, whether collectible or not, to
the extent of City's liability as described in this Agreement. City will cause, if allowed by law, its workers' compensation carrier to
waive insurers' right of subrogation with respect to the Manager Parties. Policy (ii) above may not be written on a 1996 or earlier ISO
General Liability coverage form. Prior to the Effective Date and before Services are provided with respect to this Agreement, and when
insurance coverages are renewed, City shall provide Manager Certificates of Insurance compliant with the aforementioned required
endorsements. The certificate holder shall be Shakopee Partners, LLC and the Additional Insured language shall be exactly as described
in this Section.
8 INDEMNIFICATION.
8.1 To the fullest extent permitted by law, City expressly agrees to indemnify, defend and hold harmless the Manager Parties
from and against any and all claims, citations, penalties or other loss arising out of any violation of any law, rule, regulation
or order, and from any and all claims or liabilities, including reasonable attorneys' fees, for loss, damage or injury to persons
or property of whatever kind or nature arising from (i) any activity undertaken by City or its officers, employees, agents,
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successors or assigns in connection with the performance of its Services; (ii) bodily injury or death of any person or damage
to property caused by City in connection with the performance of its Services; (iii) any allegation that City has infringed a
copyright, patent, trade secret, trademark or any other propriety right of a third -party in connection with the Services; and
(iv) City's breach of any of its representations or warranties in this Agreement.
8.2 To the fullest extent permitted by law, Manager expressly agrees to indemnify, defend and hold harmless City, its parents,
partners, affiliates, subsidiaries, successors or assigns and each of their respective agents, employees, representatives and
contractors from and against any and all claims or loss arising out of any violation of any law, rule, regulation or order, and
from any and all claims or liabilities, including reasonable attorney's fees, for loss, damage or injury to persons or property
arising out of or in connection with the performance by Manager of this Agreement, and from any and all claims or liabilities
unrelated to the City's Services, including reasonable attorney's fees, for loss, damage or injury to persons or property arising
out of the performance by Manager of this Agreement or in connection with an Event.
9 TERM & TERMINATION.
9.1 This Agreement shall be in effect from the first Event of the 2026 concert season and continuing through and until December
31, 2030. Manager shall promptly provide the City with a concert schedule for each concert season as soon as such schedule
is finalized.
9.2 Without limitation of any other rights set forth in this Agreement, Manager shall have the right to cancel the Services
scheduled to be provided at an Event at any time prior to City's set-up at an Event upon written notice to City (e-mail to
suffice) of cancellation without any liability to Manager other than to pay any undisputed amounts due for Services actually
performed as of termination.
9.3 Either Party may terminate this Agreement for a material breach of this Agreement upon ten (10) days prior written notice
(e-mail to suffice) of termination (or such shorter time as may be reasonable given the circumstances and imminence of the
Event(s)) to the breaching Party specifically identifying the alleged breach, provided that the breaching Party does not cure
such breach within the ten (10) day period. This Agreement will terminate if such cure is not made within the ten (10) day
period.
10 INTELLECTUAL PROPERTY. This Agreement does not grant City the right to use any of Manager's trademarks, service marks
and/or other intellectual property rights without Manager's prior written approval, including, without limitation, the use of Manager's
name in City's website or marketing materials.
11 MISCELLANEOUS.
11.1 Neither this Agreement nor any part of it shall be transferred, conveyed or assigned by City without the prior written consent
of Manager.
11.2 This Agreement contains the entire Agreement between the Parties relating to its subject matter and all prior agreements
relative to it that are not contained in this Agreement are terminated. This Agreement may only be amended or modified by
a written agreement executed by both Parties. Any terms conflicting with or in addition to the terms of this Agreement,
whether communicated orally or contained in any confirmation, scope of work, rate sheet, invoice, acknowledgement,
release, acceptance or other written correspondence, irrespective of the timing, shall not form a part of this Agreement, even
if City purports to condition its acceptance of this Agreement on Manager's agreement to such conflicting or additional
terms.
11.3 Nothing in this Agreement shall create or be construed as creating a partnership, employment, joint venture or agency
relationship between the Parties and no Party shall have the authority to bind the other in any respect.
11.4 All of the terms of this Agreement shall apply to, be binding upon and inure to the benefit of the Parties, their successors,
assigns, heirs and legal representatives, and all other persons claiming by, through or under them.
11.5 The terms and conditions of this Agreement will survive the expiration or other termination of this Agreement.
11.6 This Agreement shall be governed by and construed according to the laws of the state of Minnesota, without giving effect
to its choice of law principles.
11.7 Any and all sales tax, amusement tax or other tax imposed by local, state or federal government as a result of the
performance of any Services rendered in connection with this Agreement shall be the responsibility of and paid for by City
at the time required by law (excepting any state or federal income tax imposed on Manager).
11.8 If either Party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided
in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the
validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not
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preclude or prejudice such Party from later enforcing or exercising the same or any other provision, right or election which
it may have under this Agreement.
11.9 If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected,
impaired or invalidated.
11.10 In the event of any conflict between the terms of this Agreement and any amendments, addendums, work orders,
statements of work, invoices, exhibits or other supplemental documents, the terms of this Agreement shall govern
and control except to the extent such document identifies a section of this Agreement and states that it is amending
that particular section and is signed by the Parties.
11.11 The Parties acknowledge that either Party may disclose the terms of this Agreement solely to the extent required by law or
court order or as necessary to effectuate the terms of this Agreement or for accounting or tax purposes. The City will not
issue any press release or public statement concerning the Services without prior written consent of Manager.
11.12 All legal notices relating to this Agreement shall be given in writing and shall be deemed to have been duly given if
delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return
receipt requested, or by nationally recognized courier, addressed or sent to the Parties at the addresses set forth below
with a copy to Live Nation Worldwide, Inc., 325 N. Maple Drive, Beverly Hills, California, Attn: Legal Department.
Notice by e-mail is permitted , Attn: Legal Department, legalhob(al/livenation.com.
11.13 If performance by a Party is prevented, or otherwise rendered impossible, impracticable, unfeasible or unsafe, because of
a Force Majeure Occurrence, then (i) no Compensation shall be payable to City, and (ii) each Party shall bear its own
costs. The provisions of the previous sentence shall apply unless the Parties otherwise negotiate in good faith and agree
on an amount of partial Compensation that is reasonable and appropriate given the particular circumstances (e.g. the Force
Majeure Occurrence does not apply to all Events or Facilities covered by this Agreement, or City has already begun
providing Services at the Amphitheater and/or Event(s) upon commencement of the Force Majeure Occurrence). As
between the Parties, Manager shall have the sole right to determine the disposition of an Event or Events, including any
suspension, cancellation or rescheduling of an Event and to determine any public communications related to an Event.
"Force Majeure Occurrence" means an event beyond a Party's reasonable control including, without limitation, Artist
illness, injury or death, fire, flooding, dangerous weather conditions, riot or civil commotion, lockout, strike or other labor
dispute, disease, epidemic, pandemic, substantial interruption in, delay or failure of necessary transportation or technical
facilities, war conditions, act of public enemy or terrorism, emergencies, acts of God, destruction of or material damage
to the Amphitheater, or acts, orders, directives or regulations of public authority (including any requirements and/or
recommendations of any applicable governmental authority that limit the sellable capacity of the Amphitheater).
11.14 The Parties agree that, should any difference of interpretation, or any other controversy or claim arise out of or relate to
this Agreement or any addenda or amendments to it, or the breach of it, the Parties shall immediately make good faith
efforts to negotiate a written voluntary resolution of the matter prior to instigating legal proceedings.
11.15 The Parties agrees that in executing and delivering this Agreement each does so freely and voluntarily, that such Party
has consulted with or has had the opportunity to consult with independent counsel of such Party's own choice concerning
this Agreement, and that each Party has read and understands this Agreement, is fully aware of its legal effect and has
entered into it freely based on such Party's own judgment and after significant negotiations. This Agreement shall not be
construed against any Party on the basis that such Party was the drafter.
11.16 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together
shall be deemed to be one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or
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other means of electronic transmission shall have the same legal effect as delivery of an original signed copy of this
Agreement.
12. APPROVAL REQUIRED BY MANAGER'S LEGAL DEPARTMENT. Manager's legal department approval is required, in
writing, in all instances where the Services being provided are temporary staging, crowd control, security or medical treatment.
IN WITNESS WHEREOF, the Parties have ACCEPTED AND AGREED to this Agreement this day and year first above written.
CITY OF SHAKOPEE: MANAGER:
By: By:
Name: MATT LEHMAN Name: JASON MOUTRY
Title: MAYOR Title: GENERAL MANAGER
Address: 712 CANTERBURY RD
By: SHAKOPEE , MN 55379
Name: WILLIAM H. REYNOLDS Phone: (952) 697-7601
Title: CITY ADMINISTRATOR Email: jasonnmoutry@livenation.com
Address: 485 GORMAN STREET
SHAKOPEE, MN 55379
Phone: 952-233-9311
Email: BReynolds@ShakopeeMN.gov
MANAGER LEGAL:
By:
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WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.t
April 7, 2026
Tree Planting - Eagle Scout Project Approval
Bill Delaney, Senior Planner
Michael Kerski
Action to be considered:
Recommend Approval
Motion Type:
Simple Majority
Background:
Nick Amborn as part of his work toward achieving Eagle Scout has proposed to plant
trees and assist with development of Vierling Greenway project. This would include
assembling benches and planting trees by bench locations and near bike rest stops that
would be installed this year.
These benches and trees are part of the current CIP to install benches and shade trees
along the Vierling Greenway Trail.
The city has worked with a number of Eagle Scouts through the past several years and
other projects included the changing station in Quarry Lake for the XCEL Energy
Mountain Bike Course.
Recommendation:
Accept Eagle Scout Project Plans and upon completion the improvements of Eagle Scout
Service Project
Budget Impact:
Scout would raise money for 8-10 trees and any expenses that go with installation.
Attachments:
Vierling Greenway Eagle Scout Project.docx
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Eagle Scout Service Project by Nick Amborn
1. Project description
• This project is for an Eagle Scout project for Nick Amborn.
• Planting 8 to 10 trees on Vierling Greenway next to benches (that the scouts will
assemble, and public works will install) for shade at various points along
greenway. Public works will install concrete base as part of a previously planned
project.
• City staff to locate trees to avoid underground utilities
2. Plans
• 8 to 10 total trees in a mix of red Maple, Hackberry, Burr Oak Swamp and White
Oak per Shakopee recommended tree list.
• Trees to be planted per masterplan developed by city at roughly even intervals
along path where trees won't have adverse effect on drainage ditch flow.
• Benches to be purchased by the city of Shakopee and assembled by the scouts.
3. Estimated budget
• $2000+ depending on fundraising to offset city expenditure on total project cost.
• Fundraised via a go fund me by the scouts.
4. Proposed timeline.
• Starting as soon as possible with fundraising for the project starting in May.
• City staff to locate benches and trees to avoid existing underground utilities
5. Maintenance.
• All watering and further maintenance after the project would be done by the city.
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WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 11.a
April 7, 2026
APPEAL of Board of Adjustment and Appeals Decision on Revocation of
a Conditional Use Permit at 8610 Hansen Avenue
Kyle Sobota, Senior Planner
Michael Kerski, Director of Planning and Development
Action to be considered:
Adopt Resolution R2026-055, a resolution upholding the Board of Adjustment and
Appeals decision to revoke the conditional use permit for vehicle repair at 8610 Hansen
Avenue.
Motion Type:
Simple Majority
Background:
Site Information:
Address: 8610 Hansen Ave
Property Owner: Hansen Ave LLC / Eugene Hansen
Current Zoning: I-1, Light Industry
2040 Comp. Plan: Mixed Use Employment Center
Raya Esmaeili of Larkin -Hoffman, representing Hansen Avenue LLC, and Elmer Paz of KME
Auto repair (tenant), have both filed an appeal of a Board of Adjustment and Appeals
decision that revoked a conditional use permit for vehicle repair on February 5, 2026.
The applicant's narratives are attached.
KME Auto Repair received a conditional use permit to perform vehicle repair at 8610
Hansen Avenue on November 6, 2023 (Resolution PC2023-006).
On January 8, 2026 planning staff observed several unlicensed and inoperable vehicles on
the site at 8610 Hansen Avenue that were plainly visible from both Stagecoach Road and
Hansen Avenue. Condition #10 of Resolution PC2023-006 requires that unlicensed and
inoperable vehicles must not be kept outside the building, unless the vehicles are within
an area that is screened from view from adjacent properties and streets that complies
with City Code requirements for screening.
On January 8th, planning staff notified the property owner that the site was not in
compliance with the conditional use permit and informed the property owner that the
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conditional use permit would be reviewed by the Board of Adjustment and Appeals on
February 5, 2026 and potentially revoked if the unlicensed and inoperable vehicles were
not removed from the site.
On January 29, 2026 staff visited the site and again found several unlicensed and
inoperable vehicles plainly visible from both Stagecoach Road and Hansen Avenue
(photos attached).
At the February 5, 2026 Board of Adjustment and Appeals meeting, the Board reviewed
the conditions of approval of Resolution PC2023-006 and the findings of fact in Resolution
PC2026-006, and rescinded the conditional use permit for vehicle repair on the site.
Since the Board's action in February, KME Auto Repair has continued to operate on the
site and both the tenant and representative of the property owner have appealed the
Board's decision. On March 30, 2026 planning staff visited the site and found nine
vehicles with no license plates and one with expired registration from June 2025 visible
from Hansen Avenue and Stagecoach Road (photos attached).
The property owner's representative requests that the conditional use permit be
reinstated with reasonable and clearly defined compliance timelines. To date staff has not
been provided with a timeline from the property owner or tenant to bring the site into
compliance. In the tenant's (KME) appeal narrative dated February 14, they state that
vehicles without current registration have been removed from the site. Staff met with the
attorneys representing the property owner for this appeal request on March 30th and
shared photos of the ten vehicles from the March 30th site visit, along with photographs
of non -compliant conditions at other sites owned by the property owner.
The tenant and property owner has had nearly two months since the Board action on
February 5th to bring the site into compliance and still has not brought the site into
compliance. Planning staff visited the site on April 2nd and found some of the vehicles
from March 30th to now have license plates, but other additional unlicensed or
inoperable vehicles were found on the site that were not at the site on March 30th
(photos attached).
The City Council is tasked with determining if the Board of Adjustment and Appeals made
an error by rescinding Resolution R2023-006. Staff has found the site to not be in
compliance with Resolution PC2023-006 on January 8th, January 29th, March 30th, and
April 2nd.
Since the site is still not in compliance with Condition #10 of Resolution PC2023-006, staff
recommends the City Council uphold the Board's decision to rescind the conditional use
permit.
132
Recommendation:
Adopt the resolution, as presented.
Budget Impact:
N/A
Attachments:
Location Map
Larkin Hoffman Appeal Narrative
KME Appeal Narrative
Conditional Use Permit Resolution PC2023-006
Site Photos January 29, 2026
Site Photos March 30, 2026
Site Photos April 2, 2026
Revocation Resolution PC2026-006
Resolution R2026-055
133
Larkin Hoffman
February 13, 2026
Michael Kerski
Director of Planning and Development
City of Shakopee
City Hall, 485 Gorman Street
Shakopee, MN 55379
8300 Norman Center Drive
Suite 1000
Minneapolis, MN 55437-1O60
General: 952-835-3800
Fax: 952-896-3333
www.larkinhoffman.com
Via Email and City Portal
mkerski@shakopeemn.gov
Re: Appeal of Rescinded Conditional Use Permit PC2023-006 at 8610 Hansen Avenue
(CUP for Vehicle Repair)
Dear Mr. Kerski:
We represent Hansen Avenue LLC ("Property Owner"), the owner of the property located at
8610 Hansen Avenue (the "Property"). This letter constitutes the Property Owner's appeal to the
Shakopee City Council of the Board of Adjustment and Appeals' February 5, 2026 (the
"Meeting") action rescinding Conditional Use Permit (CUP) PC2023-006 at the Property for
vehicle repair.
Requested Relief
We respectfully request that the City Council reverse the rescission and reinstate the CUP,
subject to reasonable, clearly defined compliance timelines and conditions tailored to current
site conditions.
Basis for Appeal
Under Minnesota law, a conditional use permit runs with the land and constitutes a protectible
property interest (Minn. Stat. § 462.3595, subd. 3).1
Here, the Property Owner and its designated representatives were unable to attend the
February 5, 2026 Board meeting due to documented extenuating circumstances. The Property
Owner was out of the country on an extended trip, and the Property manager was experiencing
significant health issues. These circumstances were not an attempt to avoid the process. They
did however, materially affected the Property Owner's ability to be present and to respond in
real time.
The record reflects that City staff acknowledged ongoing communications with the Property
Owner and awareness of active efforts to address cited issues. Despite those efforts, and
without a defined compliance schedule or cure framework, the Board proceeded directly to
rescission. No clear rubric was applied to distinguish between material violations, timing -related
issues, or items already in the process of being corrected.
1 Northpointe Plaza v. City of Rochester, 465 N.W.2d 686, 689 (Minn. 1991).
135
Michael Kerski
February 13, 2026
Page 2
Where corrective efforts are underway and the underlying use remains conditionally permitted
and compatible with zoning and comprehensive plan policies, less drastic measures such as a
clear remedy process are reasonable and appropriate.
Minnesota courts have cautioned against land use actions that lack proportionality or clear
standards, including in the context of permit revocation.2 The Property Owner raises these
issues to preserve due process concerns and to request a structured, predictable path forward.
Ability and Willingness to Cure
The cited compliance issues, to the extent they exist, are capable of correction. They do not
reflect an inherent incompatibility of the use with the zoning district or the comprehensive plan
designation. In fact, according to the Property manager the site conditions are actively being
corrected.
The Property Owner remains committed to responsible property management and timely
compliance. A reinstated CUP with clear milestones would allow the City to achieve compliance
objectives while avoiding unnecessary disruption to an otherwise allowable use.
For these reasons and to account for the extenuating circumstances affecting the Property
Owner's representation at the Board meeting, the Property Owner respectfully requests that the
City Council reverse the rescission of CUP PC2023-006 for vehicle repair and reinstate the
permit with reasonable, enforceable compliance timelines and monitoring.
The Property Owner expressly reserves the right to supplement the administrative record and
provide additional written materials or argument prior to and at the City Council hearing, as
appropriate.
Thank you for your consideration.
Sincerely,
Joey Vossen, for
Larkin Hoffman
Direct Dial: 952-896-3249
Direct Fax: 952-842-1750
Email: jvossen@larkinhoffman.com
cc: Eugene Hansen
4938-1523-5471, v. 1
Sincerely,
Raya Esmaeili, for
Larkin Hoffman
Direct Dial: 952-896-3226
Email: resmaeili@larkinhoffman.com
2 Condor Corp. v. City of Saint Paul, 912 F.2d 215, 220 (8th Cir. 1990).
136
Conditional Use Permit Appeal
Property Address: 8600 Hansen Avenue, Shakopee, Minnesota
Appellant: KME Auto Repair
Date: 14 February, 2026
Project Narrative
This appeal concerns the revocation of the Conditional Use Permit (CUP) for the auto body
repair business located at 8600 Hansen Avenue in Shakopee, Minnesota.
The CUP was revoked by the Board of Adjustment and Appeals due to vehicles determined to be
inoperable or lacking current registration being visible from the public right-of-way.
The business acknowledges that vehicles were present in exterior areas that resulted in visibility
concerns. Upon notification of the violation, immediate corrective action was taken. All
inoperable or unregistered vehicles have been removed from exterior areas visible from the
right-of-way, and the property is now in compliance.
The core use of the property remains auto body repair, which is a permitted use under the
existing zoning classification with a Conditional Use Permit. There has been no expansion of
use, no change in business operations, and no alteration to the approved scope of activity.
The business has implemented procedures to ensure that vehicles stored outdoors will comply
with zoning requirements and will not be visible from the public right-of-way moving forward.
Revocation of the CUP effectively prevents the continued lawful operation of the business.
Given that the issue has been corrected and compliance achieved, reinstatement of the CUP is
respectfully requested.
137
Statement of Alleged Errors or Omissions
The appellant respectfully asserts that revocation of the Conditional Use Permit was
disproportionate to the nature of the violation.
While exterior vehicle visibility concerns were present, the issue was correctable and has been
corrected. Revocation is typically reserved for continued or willful noncompliance. In this
instance, the violation did not constitute an expansion of use or a fundamental change in the
nature of the approved activity.
The decision to revoke the CUP did not adequately consider the corrective actions taken and the
current compliant condition of the property.
For these reasons, the appellant respectfully requests reconsideration and reinstatement of the
Conditional Use Permit.
138
I?XIllliff R
DEMISED PREMISES
FLOOR PLAN
139
EXHIBIT A, B, C, D - CURRENT STATE OF PROPERTY
140
EXHIBIT A, B, C, D - CURRENT STATE OF PROPERTY
EXHIBIT A, B, C, D - CURRENT STATE OF PROPERTY
EXHIBIT A, B, C, D - CURRENT STATE OF PROPERTY
143
Receipt:# 733153
A1181608
RES $46.00
Return to:
SHAKOPEE
485 GORMAN STREET
SHAKOPEE MN 55379
Office of the County Recorder
Scott County, Minnesota
Julie K. Hanson, County Recorder
(This cover sheet is now a permanent part of the recorded document)
144
CERTIFICATION
I, Lori J. Hensen, City Clerk, City of Shakopee, do hereby certify that the attached is a true
and correct copy of Resolution No. PC2023-006 presented, to and adopted by the Board of
Adjustments and Appeals of the City of Shakopee at a duly authorized meeting thereof held on
the 8th day of June 2023, as shown by the minutes of the meeting in my possession.
Dated this 23`' day of October 2023.
Lori J. He
City Clerk
145
RESOLUTION PC2023-006
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW VEHICLE SERVICE AND REPAIR AT
8610 HANSEN AVENUE
WHEREAS, Elmer Paz, KME Auto Repair, applicant, and Hansen Avenue LLC,
property owner, have made application for a Conditional Use Permit (CUP) to allow for a
vehicle repair facility on property located at 8610 Hansen Avenue; and
WHEREAS, the property upon which the request is being made is legally described
Lot 1, Block 2, Reliakor First Addition; and
'V7522400 2.O
• WHEREAS, all required public notices regarding the public hearing for the application
were duly sent and posted and all persons appearing at the hearing have been given an opportunity
to be heard thereon; and
as:
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review
this application on June 8, 2023, and adopted the following findings:
Criteria #1 The City has not received any evidence that the proposed use will be
injurious to the use and enjoyment of other property in the immediate
vicinity, nor would it substantially diminish or impair property values in
the area, provided the use complies with the conditions of the resolution.
The applicant is proposing to occupy a space that was used for repair of
Reliakor company vehicles.
The conditional use permit should•not impede future development and
improvement in the area, provided the use complies with the conditions of
the resolution.
Finding #1
Criteria #2
Finding #2 Conditions are put in place to require that the use follow City Code and not
have impacts on surrounding properties.
146
}
Criteria #3
Finding #3
Criteria #4
Finding #4
Criteria #5
Finding #5
The Board finds that adequate utilities, access, drainage and other
necessary facilities have been or will be provided for the site, as
conditioned in the resolution.
City sewer and water were recently added to this area. Fire Sprinklers must be
installed in the building prior to the operation of this business.
The use of the subject property is consistent with the purposes of the Light
Industry (I-1) Zone.
Vehicle service and repair is a listed conditional use in the 11, Light Industry
zone.
The use is not in conflict with the Comprehensive Plan (Mixed Use
Employment Center).
Vehicle service and repair is an allowed use by the comprehensive plan in the
Mixed Use Employment Center designation.
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals
of the City of Shakopee, Minnesota that the requested CUP is hereby approved, subject to the
following conditions:
1. The applicant must comply with the Engineering Department Memo dated May 19,
2023.
2. Any alterations to the building will require a Building Permit. If building alterations
are not necessary or planned, the applicant must receive a Change of Occupancy
Permit from the Building Department prior to operation of the business.
3. The applicant must receive a Hazardous Waste Generator License from Scott County
Environmental Services prior to operation of the business, contact Joan Anderson at
Scott County Environmental Services for details.
4. Fire Sprinklers must be installed in this building prior to the applicant occupying the
building. The Fire Sprinkler System must be monitored and the monitoring system
must be installed prior to the applicant occupying the space and the use shall comply
with all Building / Fire Codes.
5. A proper paint booth must be installed if painting of vehicles or parts takes place on
the site.
6. Exterior storage of new or used parts is not permitted.
7. Any future tenants within this tenant space must comply with the Zoning Ordinance
and receive a Change of Occupancy Permit from the Building Department.
8. All service or repair work on vehicles must take place inside the building.
9. Trash handling must either take place inside the building, or be contained in a trash
enclosure that meets City Code requirements, including a roof.
10. Unlicensed or inoperable vehicles must not be kept outside the building, unless the
vehicles are within an area that is screened from view from adjacent properties and
streets that complies with City Code requirements for screening.
11. The applicant shall not have a public address system.
147
Adopted in regular session of the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota, held on the 8th day of June, 2023.
ATTEST:
ichael Kerski,
Director of Planning and'Development
Ch irpers n,
Bo - rd of Adjustm 1t and Appeals
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
148
154
Flat Tires, damaged rear suspension /wheel, expired registration.
Expired Registration
157
Fuel spill
November 2025 Registration
158
No license plate
159
RESOLUTION PC2026-006
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING
RESOLUTION PC2023-006, A CONDITIONAL USE PERMIT FOR VEHICLE REPAIR
AT 8610 HANSEN AVENUE
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and
approved a request from Elmer Paz of KME Auto Repair (applicant) for a Conditional Use Permit for
Vehicle Repair on property owned by Hansen Avenue LLC at 8610 Hansen Avenue on June 8, 2023,
and adopted the following findings:
Criteria #1 The City has not received any evidence that the proposed use will be injurious to
the use and enjoyment of other property in the immediate vicinity, nor would it substantially
diminish or impair property values in the area, provided the use complies with the conditions
of the resolution.
Finding #1 The applicant is proposing to occupy a space that was used for repair of Reliakor
company vehicles.
Criteria #2 The conditional use permit should not impede future development and
improvement in the area, provided the use complies with the conditions of the resolution.
Finding #2 Conditions are put in place to require that the use follow City Code and not have
impacts on surrounding properties.
Criteria #3 The Board finds that adequate utilities, access, drainage and other necessary
facilities have been or will be provided for the site, as conditioned in the resolution.
Finding #3 City sewer and water were recently added to this area. Fire Sprinklers must be
installed in the building prior to the operation of this business.
Criteria #4 The use of the subject property is consistent with the purposes of the Light
Industry (I-1) Zone.
Finding #4 Vehicle service and repair is a listed conditional use in the I-1, Light Industry zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Employment
Center).
Finding #5 Vehicle service and repair is an allowed use by the comprehensive plan in the Mixed
Use Employment Center designation.
160
WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of
approval:
1. The applicant must comply with the Engineering Department Memo dated May 19, 2023.
2. Any alterations to the building will require a Building Permit. If building alterations are not
necessary or planned, the applicant must receive a Change of Occupancy Permit from the
Building Department prior to operation of the business.
3. The applicant must receive a Hazardous Waste Generator License from Scott County
Environmental Services prior to operation of the business, contact Joan Anderson at Scott
County Environmental Services for details.
4. Fire Sprinklers must be installed in this building prior to the applicant occupying the building.
The Fire Sprinkler System must be monitored and the monitoring system must be installed prior
to the applicant occupying the space and the use shall comply with all Building / Fire Codes.
5. A proper paint booth must be installed if painting of vehicles or parts takes place on the site.
6. Exterior storage of new or used parts is not permitted.
7. Any future tenants within this tenant space must comply with the Zoning Ordinance and receive
a Change of Occupancy Permit from the Building Department.
8. All service or repair work on vehicles must take place inside the building.
9. Trash handling must either take place inside the building, or be contained in a trash enclosure
that meets City Code requirements, including a roof
10. Unlicensed or inoperable vehicles must not be kept outside the building, unless the vehicles are
within an area that is screened from view from adjacent properties and streets that complies with
City Code requirements for screening.
11. The applicant shall not have a public address system. ; and
WHEREAS, on January 8`'', 2026 city staff notified the property owner the site is not in
compliance with condition #10 and the property owner stated they would have the site brought into
compliance; and
WHEREAS, on January 29th, 2026 city staff visited the site and again found unlicensed and
inoperable vehicles stored in locations plainly visible from adjacent properties and public roadways; and
WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to
review and revoke a permit upon violation of any condition of the permit; and
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota that resolution PC2023-006 which allowed vehicle repair at is hereby
rescinded.
Adopted in regular session of the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota, held on the 5th day of February, 2026.
Chairperson,
ATTEST: Board of Adjustment and Appeals
Michael Kerski,
Director of Planning and Development
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
161
RESOLUTION R2026-055
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING THE
APPEAL OF RESOLUTION PC2026-006 REVOKING RESOLUTION PC2023-006, A
CONDITIONAL USE PERMIT FOR VEHICLE REPAIR AT 8610 HANSEN AVENUE
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee approved
Resolution PC2026-006 revoking Resolution PC2023-006 for non-compliance with condition #10 on
property legally described as Lot 1, Block 2, Reliakor First Addition, Scott County, MN per City Code
Section 151.011 J.; and
WHEREAS, City Code Section 151.016 allows any person aggrieved by a decision of the Board
of Adjustment and Appeals to appeal the decision to the City Council; and
WHEREAS, Elmer Paz (CUP Applicant and co-owner of KME Auto Repair and Raya Esmaeili
of Larkin Hoffman, representing Eugene Hansen of Hansen Avenue LLC (property owner) have
appealed the decision of the Board of Adjustment and Appeals; and
WHEREAS, on February 14, 2026 the appellant Elmer Paz of KME Auto Repair, stated that
vehicles without current registration had been removed from the site; and
WHEREAS, city staff visited the site on March 30, 2026 and found nine vehicles without
license plates visible from both Hansen Avenue and Stagecoach Road and one vehicle with registration
from June of 2025 ; and
WHEREAS, city staff again visited the site on April 2, 2026 and found four unlicensed or
inoperable vehicles visible from both Hansen Avenue and Stagecoach Road; and
WHEREAS, the City Council approves the following findings; and
1. The property located at 8610 Hansen Avenue is located in the Light Industry (I-1) zoning district.
2. Vehicle repair is a conditional use in the I-1 zoning district.
3. Resolution PC2023-006 was approved by the Board of Adjustment and Appeals on November
6, 2023 with condition #10 that states that unlicensed or inoperable vehicles must not be kept
outside the building, unless the vehicles are within an area that is screened from view from
adjacent properties and streets that complies with City Code requirements for screening.
162
4. Site Inspections were performed on January 8, 2026, January 29, 2026, March 30, 2026 and
April 2, 2026 and on all of these dates the site was not in compliance with Condition #10.
5. Resolution PC2026-006 was approved by the Board of Adjustment and Appeals on February 5,
2026, for non-compliance of condition #10 relating to the storage of unlicensed or inoperable
vehicles.
WHEREAS, the City Council reviewed the appeals at their April 7, 2026 meeting and
considered the staff report, appellant's statements, and all information presented; and
WHEREAS, based on the evidence in the record, the City Council finds that the decision of the
Board of Adjustment and Appeals was supported by the applicable provisions of the City Code and the
facts presented; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the decision of the Board of Adjustment and Appeals is hereby affirmed. This
resolution constitutes the City Council's final decision on the matter.
Passed in regular session of the City Council of the City of Shakopee, Minnesota, held on
the 7th day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
Richard Parsons, City Clerk
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
163
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 11.b
April 7, 2026
APPEAL of Board of Adjustment and Appeals Decision on Revocation of
Conditional Use Permit at 1555 Maras Street.
Kyle Sobota, Senior Planner
Michael Kerski, Director of Planning and Development
Action to be considered:
Adopt Resolution R2026-056, which upholds the Board and Adjustment and Appeals
decision to rescind a conditional use permit at 1555 Maras Street.
Motion Type:
Simple Majority
Background:
Site Information:
Property Address: 1555 Maras Street
Property Owner: Maras Street LLC / Eugene Hansen
Lot Area: 22.86 acres
Current Zoning: I-1, Light Industry
2040 Comp. Plan: Mixed Use Employment Center
Raya Esmaeili of Larkin - Hoffman, representing property owner, Maras Street LLC, has
appealed the Board of Adjustment and Appeals decision to rescind the conditional use
permit for exterior storage at 1555 Maras Street.
On May 9, 2024 the Board of Adjustment and Appeals approved a conditional use permit
for exterior storage on the site. Conditions of approval included:
1) Storage of both semi -trailers and semi -trucks not affiliated with the tenants of
buildings on the site is not permitted in the storage area.
3) The storage area must be paved and vehicles stored on the site must be both licensed
and operable.
Planning staff received complaints about the storage of semi -trucks and trailers on the
site and a site inspection took place on January 8th, 2026. It was found that several
unlicensed and inoperable vehicles were being stored on the site as well as a semi -truck
not affiliated with a tenant of the buildings.
164
On January 8th, planning staff notified the property owner that the site was not in
compliance with the conditional use permit and City Code for trash handling and
informed the property owner that the conditional use permit would be reviewed by the
Board of Adjustment and Appeals on February 5, 2026 and potentially revoked if
unlicensed and inoperable vehicles were not removed from the site.
The property owner acknowledged that semi -trucks not affiliated with a tenant of one of
the buildings had been stored on the site and that the owner of a particular truck and
trailer was not in the area and unable to move his truck, but would be moving the truck
eventually.
On January 29, 2026 staff visited the site and again found several unlicensed and
inoperable vehicles (photos attached), a spill of what appeared to be transmission fluid
on the site that had not been cleaned up, and an overflowing dumpster not in a trash
enclosure, which is a City Code violation.
At the February 5, 2026 Board of Adjustment and Appeals meeting, the Board reviewed
the conditions of approval of Resolution PC2024-005 and the findings of fact in Resolution
PC2026-007, and rescinded the conditional use permit for exterior storage on the site.
The appellant's narrative states that the property owner remains committed to
responsible property management and timely compliance. On March 30, 2026 (over 45
days after the appeal application was received) planning staff visited the site and found
several vehicles with expired registration and a vehicle with a makeshift drain pan to
catch oil and fluids (photos attached). Planning staff again visited the site on April 2, 2026
and found a new vehicle on the site with expired registration and a dumpster outside of a
trash enclosure.
All three sites owned by Mr. Hansen that are currently subject to appeals, as well as a
fourth site (7340 County Road 101 which is not currently involved in an appeal) have
unresolved conditional use permit violations nearly two months after the Board
rescinded the conditional use permits. The Building Department is also currently trying to
resolve plumbing and framing work completed without permits on a fifth site owned by
the property owner (7700 County Road 101). It is staff's position that the property owner
is not committed to resolving the various compliance issues on his properties and staff
has not been presented a timeline or plan for the property owner to bring the sites into
compliance with City Code or conditional use permit conditions. Representatives of the
property owner have provided documentation of eviction action taking place because of
the tenant not paying rent, but have been unable to provide a timeline for when the
tenant must vacate the premises.
Since the revocation of the conditional use permit in February, three tenants of the 1555
165
Maras building that were in compliance with conditions of the conditional use permit
(Brumm Transport, TK Marine, and Biff's) have each applied for their own conditional use
permits. Two of the requests will be reviewed by the Board of Adjustment and Appeals on
April 9th and the third on May 7th.
The City Council is tasked with determining if the Board of Adjustment and Appeals made
an error when they rescinded the conditional use permit on February 5, 2026. At the time
of writing this report on April 2nd, the site is still not in compliance with condition #3, so
staff recommends that the City Council adopt resolution R2026-056 upholding the
Board's decision.
Recommendation:
Adopt the resolution, as presented.
Budget Impact:
N/A
Attachments:
Location Map
Applicant Narrative
Site Photos from January 8, 2026
Site Photos from January 29, 2026
Site Photos from March 30, 2026
Site Photos April 2, 2026
Revocation Resolution PC2026-007
Resolution R2026-056
166
Larkin Hoffman
February 13, 2026
Michael Kerski
Director of Planning and Development
City of Shakopee
City Hall, 485 Gorman Street
Shakopee, MN 55379
8300 Norman Center Drive
Suite 1000
Minneapolis, MN 55437-1O60
General: 952-835-3800
Fax: 952-896-3333
www.larkinhoffman.com
Via Email and City Portal
mkerski@shakopeemn.gov
Re: Appeal of Rescinded Conditional Use Permit PC2024-005 at 1555 Maras Street (CUP
for Exterior Storage)
Dear Mr. Kerski:
We represent Maras Street, LLC ("Property Owner"), the owner of the property located at 1555
Maras Street (the "Property"). This letter constitutes the Property Owner's appeal to the
Shakopee City Council of the Board of Adjustment and Appeals' February 5, 2026 (the
"Meeting") action rescinding Conditional Use Permit (CUP) PC2024-005 at the Property for
exterior storage.
Requested Relief
We respectfully request that the City Council reverse the rescission and reinstate the CUP,
subject to reasonable, clearly defined compliance timelines and conditions tailored to current
site conditions.
Basis for Appeal
Under Minnesota law, a conditional use permit runs with the land and constitutes a protectible
property interest (Minn. Stat. § 462.3595, subd. 3).1
Here, the Property Owner and its designated representatives were unable to attend the
February 5, 2026 Board meeting due to documented extenuating circumstances. The Property
Owner was out of the country for an extended trip, and the Property manager was experiencing
significant health issues. These circumstances were not an attempt to avoid the process. They
did however, materially affected the Property Owner's ability to be present and to respond in
real time.
The record reflects that City staff acknowledged ongoing communications with the Property
Owner and awareness of active efforts to address cited issues. Despite those efforts, and
without a defined compliance schedule or cure framework, the Board proceeded directly to
rescission. No clear rubric was applied to distinguish between material violations, timing -related
issues, or items already in the process of being corrected.
1 Northpointe Plaza v. City of Rochester, 465 N.W.2d 686, 689 (Minn. 1991).
168
Michael Kerski
February 13, 2026
Page 2
Where corrective efforts are underway and the underlying use remains conditionally permitted
and compatible with zoning and comprehensive plan policies, less drastic measures such as a
clear remedy process are reasonable and appropriate.
Minnesota courts have cautioned against land use actions that lack proportionality or clear
standards, including in the context of permit revocation.2 The Property Owner raises these
issues to preserve due process concerns and to request a structured, predictable path forward.
Ability and Willingness to Cure
The cited compliance issues, to the extent they exist, are capable of correction. They do not
reflect an inherent incompatibility of the use with the zoning district or the comprehensive plan
designation.
The Property Owner remains committed to responsible property management and timely
compliance. In conjunction with his property manager, the Property Owner is actively working
with the tenants to address and correct any compliance concerns. A reinstated CUP with clear
milestones would allow the City to achieve compliance objectives while avoiding unnecessary
disruption to an otherwise allowable use.
For these reasons and to account for the extenuating circumstances affecting the Property
Owner's representation at the Board meeting, the Property Owner respectfully requests that the
City Council reverse the rescission of CUP PC2024-005 and reinstate the permit with
reasonable, enforceable compliance timelines and monitoring.
The Property Owner expressly reserves the right to supplement the administrative record and
provide additional written materials or argument prior to and at the City Council hearing, as
appropriate.
Thank you for your consideration.
Sincerely, Sincerely,
Joey Vossen, for
Larkin Hoffman
Direct Dial: 952-896-3249
Direct Fax: 952-842-1750
Email: jvossen@larkinhoffman.com
cc: Eugene Hansen
4925-2122-7151, v. 3
Raya Esmaeili, for
Larkin Hoffman
Direct Dial: 952-896-3226
Email: resmaeili@larkinhoffman.com
2 Condor Corp. v. City of Saint Paul, 912 F.2d 215, 220 (8th Cir. 1990).
169
March 2025
Registration
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inoperable vehicle
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US DOT 3406004
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181
RESOLUTION PC2026-007
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING
RESOLUTION PC2024-005, A CONDITIONAL USE PERMIT ALLOWING EXTERIOR
STORAGE AT 1555 MARAS STREET
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and
approved a request from John Mesenbrink (applicant) for a Conditional Use Permit for Exterior Storage
on property owned by Maras Street LLC at 1555 Maras Street on May 9, 2024; and
WHEREAS, the property is legally described as:
See Attached Legal Description, and:
WHEREAS, the Board adopted the following findings relating to the Conditional Use Permit;
Criteria #1
Finding #1
Criteria #2
Finding #2
Criteria #3
Finding #3
Criteria #4
Finding #4
The City has not received any evidence that the proposed use will be
injurious to the use and enjoyment of other property in the immediate
vicinity, nor would it substantially diminish or impair property values in the
area, provided the use complies with the conditions of the resolution.
The applicant is proposing to construct a paved storage area in an area that was
previously used for storage of black dirt and other materials.
The conditional use permit should not impede future development and
improvement in the area, provided the use complies with the conditions of
the resolution.
Conditions are put in place to require that the use follow City Code and not have
impacts on surrounding properties.
The Board finds that adequate utilities, access, drainage and other necessary
facilities have been or will be provided for the site, as conditioned in the
resolution.
The proposed use of the site as a paved storage area will generate less dust than
previous uses on this site. A draft condition has been added to not permit semi -
trucks and trailers not affiliated with tenants of the buildings on this site. The
applicant is also proposing to construct a berm and plant trees on the berm as a
means of additional screening beyond the existing trees on the site.
The use of the subject property is consistent with the purposes of the Light
Industry (I-1) Zone.
Exterior storage is an allowed conditional use in the I-1, Light Industry zone.
182
Criteria #5
Finding #5
The use is not in conflict with the Comprehensive Plan (Mixed Use
Employment Center).
Exterior storage is an allowed use in the Mixed Use Employment Center
designation in the comprehensive plan.
WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of
approval:
1. Storage of both semi -trailers and semi -trucks not affiliated with the tenants of the
buildings on the site is not permitted in this storage area.
2. The size and configuration of the proposed paved storage area east of the proposed
building may be adjusted in size to meet stormwater requirements on this site.
3. The storage area must be paved and vehicles stored on the site must be both licensed and
operable.
4. Exterior storage is only permitted in areas shown on the attached exhibit, which is to be
based off approved stormwater retention and infiltration requirements on the site.
5. Screening on the site must match the proposed landscape plan and be maintained; and
WHEREAS, on January 8`h, 2026 city staff notified the property owner the site is not in
compliance with condition #3 and the property owner stated they would have the site brought into
compliance; and
WHEREAS, on January 29th, 2026 city staff visited the site and again found unlicensed and
inoperable vehicles on the site as well as a dumpster outside of a trash enclosure, which is a violation of
City Code; and
WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to
review and revoke a permit upon violation of any condition of the permit; and
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota that resolution PC2024-005 which allowed exterior storage at 1555 Maras
Street is hereby rescinded.
Adopted in regular session of the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota, held on the 5th day of February, 2026.
Chairperson,
ATTEST: Board of Adjustment and Appeals
Michael Kerski,
Director of Planning and Development
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
183
RESOLUTION R2026-056
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING THE
APPEAL OF RESOLUTION PC2026-005 REVOKING RESOLUTION PC2024-006, A
CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE AT 1555 MARAS STREET
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee approved
Resolution PC2026-007 revoking PC2024-005 for non-compliance with condition number 3 relating to
storage of unlicensed or inoperable vehicles on property legally described on Exhibit A per City Code
Section 151.011 J.; and
WHEREAS, City Code Section 151.016 allows any person aggrieved by a decision of the Board
of Adjustment and Appeals to appeal the decision to the City Council; and
WHEREAS, Raya Esmaeili of Larkin Hoffman representing Eugene Hansen of Maras Street
LLC (property owner) have appealed the decision of the Board of Adjustment and Appeals; and
WHEREAS, the City Council approves the following findings; and
1. The property located at 1555 Maras Street is located in the Light Industry (I-1) zoning district.
2. Exterior storage is a conditional use in the I-1 zoning district.
3. Resolution PC2024-005 was approved by the Board of Adjustment and Appeals on May 9, 2024
with condition #3 that the storage area must be paved and vehicles stored on the site must be
both licensed and operable.
4. Site inspections were performed on January 8, 2026, January 29, 2026 and the site was not in
compliance with Condition #3.
5. Resolution PC2026-007 rescinding the conditional use permit was approved by the Board of
Adjustment and Appeals on February 5, 2026, for non-compliance of condition #3.
6. Site inspections were performed on March 30, 2026 and April 2, 2026 and the site was not in
compliance with Condition #3.
WHEREAS, the City Council reviewed the appeals at their April 7, 2026 meeting and
considered the staff report, appellant's statements, and all inforiliation presented; and
WHEREAS, based on the evidence in the record, the City Council finds that the decision of the
Board of Adjustment and Appeals was supported by the applicable provisions of the City Code and the
facts presented; and
184
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the decision of the Board of Adjustment and Appeals is hereby affirmed. This
resolution constitutes the City Council's final decision on the matter.
Passed in regular session of the City Council of the City of Shakopee, Minnesota, held on
the 7th day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
Richard Parsons, City Clerk
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
185
EXHIBIT A
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows:
Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat
thereof, said point being on the east line of said West half of the East six -sevenths of the East half
of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the
west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence West parallel with
the south line of said Lot 4 for a distance of 283.87 feet; thence North 0 degrees 18 minutes 26
seconds West 767.25 feet to said south line of Lot 4; thence East along said south line of Lot 4 for a
distance of 283.82 feet to the actual point of beginning.
Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same being
the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof.
AND
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows:
Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded
plat thereof, said point being on the east line of said West half of the East six -sevenths of the East
half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
the West half of the East six -sevenths of the East half of the Southeast Quarter said line being also
the west line of Registered Land Survey No. 24 for a distance of 767.25 feet to the actual point of
beginning of the tract to be described; thence continuing South 0 degrees 18 minutes 40 seconds
East along said east line of the West half of the East six -sevenths of the East half of the Southeast
Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of
449.09 feet to the Southeast corner of said West half of the East six -sevenths of the East half of the
Southeast Quarter, said corner being also the Southwest corner of Registered Land Survey No. 24;
thence North 89 degrees 58 minutes 54 seconds West along the South line of said West half of the
East six -sevenths of the East half of the Southeast Quarter 283.905 feet; thence North 0 degrees 18
minutes 26 seconds West 449.00 feet; thence East parallel with the South line of said Lot 4, 283.87
feet to the actual point of beginning.
AND
That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott
County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following described
line:
Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north,
Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast corner
of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the West line
of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233 feet South
of the Northwest corner thereof.
186
PI°ILA'
SHAKOPE E
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 11.c
April 7, 2026
APPEAL of Board of Adjustment and Appeals Decision on Revocation of
a Conditional Use Permit at 1515 Maras St.
Amanda Schwabe, Planner
Michael Kerski, Planning & Development Director
Action to be considered:
Approve Resolution R2026-059, a resolution upholding the Board of Adjustment and
Appeals decision to revoke the conditional use permit for exterior storage of vehicles at
1515 Maras St.
Motion Type:
Simple Majority
Background:
Site Information:
Address: 1515 Maras St
Property Owner: Maras Street LLC/Eugene Hansen
Current Zoning: Light Industry (I-1)
2040 Comp. Plan: Mixed Use Employment Center
Raya Esmaeili, of Larkin Hoffman Law Firm, representing Maras Street LLC, and Aaron
Dudish, applicant for the Conditional Use Permit (CUP) approved with Resolution R2025-
006, have filed appeals per City Code Section 151.016 of a Board of Adjustment and
Appeals (BOAA) decision which revoked a CUP allowing exterior storage of vehicles for
PRS Towing and Transportation, LLC on February 5, 2026. The applicant's narrative is
attached.
Staff recommended the CUP be revoked for non-compliance with the following CUP
conditions:
Condition #1: The total exterior storage area for PRS Towing & Transportation LLC shall
not exceed 20,000 sq. ft.
Status: During a site inspection on 3/31/2026 staff observed that the exterior storage area still
exceeds this amount. See attached photos.
Condition #2: A maximum of 30 vehicles (cars, trucks, semi -truck, boats) shall be stored
inside the fenced area. No storage outside of the fenced area permitted.
187
Status: During a site inspection on 3/30/2026 staff observed approximately 40 vehicles inside
the fenced area. See attached photos.
Condition #3: Fencing shall be moved a minimum of 20 feet from the west property line
per Engineering Memo dated October 9, 2025.
Status: Fence permit was issued on March 24, 2026 to the property owner.
Condition #4: An escrow totaling 150% of the cost of two deciduous trees (minimum 2.5
caliper inches) shall be submitted to the city along with a two year warranty from the
installer of the plantings on or before December 15, 2025.
Status: Property owner submitted an estimate from an landscape company dated March 17,
2026 and an escrow check; however, staff will not accept the estimate as it references the
incorrect planting information. Staff has contacted the property owner and landscaping
company for a revised estimate and has not received a response as of this writing.
Condition #5: The business shall obtain and maintain all required local and state licenses.
Status: Aaron Judish, CUP applicant and owner of PRS Towing and Transportation, LLC,
applied for a towing license in February; however, he did not pass the background check
completed by the Shakopee Police Department, therefore the towing license was denied by the
City Clerk.
Condition #7: No scrap, tires, car hulks, etc. allowed to be stored.
Status: During a site inspection on 3/30/2026 staff observed vehicles parts in the fenced area.
The City Council is tasked with determining if the BOAA made an error by revoking
Resolution R2025-006. Staff found the site to not be in compliance on January 14, 2026
and March 30, 2026, with the most recent site visit over one month after the appeal
applications were submitted. Only after revocation of the CUP on February 5, 2026 were
any efforts by the tenant or property owner made to comply. With that said, compliance
with all CUP conditions will not be possible as the applicant was unable to pass the
required background check for a towing license as required by Condition #5. In addition,
during recent interactions with the Shakopee Police Department, officers observed
evidence that this location was also being utilized as a residential dwelling for the
applicant, and possibly others, which is not allowed by City Code.
Recommendation:
Approve the resolution, as presented.
Budget Impact:
N/A
188
Attachments:
Resolution R2026-059
Location Map
Site Photos March 30, 2026
APPL-000352-2026 Appeal Narrative from Aaron Judish
APPL-000356-2026 Appeal Narrative from Larkin Hoffman
Towing License Denial
BOAA Resolution PC2026-005 (Revoke CUP)
BOAA Staff Report - February 5, 2026
BOAA Resolution PC2025-006 (Approved CUP)
189
RESOLUTION R2026-059
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING THE
APPEAL OF RESOLUTION PC2026-005 REVOKING PC2025-006, A CONDITIONAL
USE PERMIT FOR EXTERIOR STORAGE OF VEHICLES AT 1515 MARAS STREET
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee approved
Resolution PC2026-005 revoking PC2025-006 for non-compliance of multiple conditions (specifically
1, 2, 3, 4, 5 & 7) on property legally described on Exhibit A per City Code Section 151.011 J.; and
WHEREAS, City Code Section 151.016 allows any person aggrieved by a decision of the Board
of Adjustment and Appeals to appeal the decision to the City Council; and
WHEREAS, Aaron Judish (CUP Applicant and co-owner of PRS Towing and Transportation
LLC) and Raya Esmaeili of Larkin Hoffman representing Eugene Hansen of Maras Street LLC
(property owner) have appealed the decision of the Board of Adjustment and Appeals; and
WHEREAS, the City Council reviewed the appeals at their April 7, 2026 meeting and
considered the staff report, appellant's statements, and all information presented; and
WHEREAS, the City Council approves the following findings; and
1. The property located at 1515 Maras Street is located in the Light Industry (I-1) zoning district.
2. Exterior storage is a conditional use in the I-1 zoning district.
3. PRS Towing and Transportation LLC began occupying the subject property in July 2025 without
the necessary land use approvals despite the CUP requirement being in the lease and multiple
conversations with planning department staff
4. Resolution PC2025-006 was approved by the Board of Adjustment and Appeals on November
6, 2025, with nine (9) conditions related to obtaining a towing license, maximum exterior storage
area, maximum number of vehicles stored in the enclosure, no storage of scrap, parts or vehicle
hulks, no auto repair or service services allowed, no self -storage of vehicles, proof of insurance
submitted annually, relocating fence outside of sight line, and landscaping.
5. Site Inspection was performed on January 14, 2026, during which the site was in violation of six
(6) conditions (specifically condition 1, 2, 3, 4, 5 & 7).
6. Resolution PC2026-005 was approved by the Board of Adjustment and Appeals on February 5,
2026, for non-compliance of six (6) conditions including: obtaining a towing license, maximum
exterior storage area, maximum number of vehicles stored in the enclosure, no storage of scrap,
190
parts or vehicles, relocating fence outside of sight line, and submittal of landscape estimate and
escrow.
7. A towing license was applied for by Aaron Judish after revocation of the CUP which was denied
due to failure of the background check.
8. The property owner began efforts to comply with condition 3 and 4 in March 2026 by obtaining
a fence permit and submitting a check and estimate for landscaping.
9. The Shakopee Police Department recently observed that the subject property was being utilized
as a residential dwelling for the applicant, and possibly others, which is not allowed.
WHEREAS, based on the evidence in the record, the City Council finds that the decision of the
Board of Adjustment and Appeals was supported by the applicable provisions of the City Code and the
facts presented; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota
that the decision of the Board of Adjustment and Appeals is hereby affirmed. This resolution
constitutes the City Council's final decision on the matter.
Passed in regular session of the City Council of the City of Shakopee, Minnesota, held on
the 7th day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
Richard Parsons, City Clerk
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
191
EXHIBIT A
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows:
Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat
thereof, said point being on the east line of said West half of the East six -sevenths of the East half
of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the
west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence West parallel with
the south line of said Lot 4 for a distance of 283.87 feet; thence North 0 degrees 18 minutes 26
seconds West 767.25 feet to said south line of Lot 4; thence East along said south line of Lot 4 for a
distance of 283.82 feet to the actual point of beginning.
Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same being
the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof.
AND
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows:
Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded
plat thereof, said point being on the east line of said West half of the East six -sevenths of the East
half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
the West half of the East six -sevenths of the East half of the Southeast Quarter said line being also
the west line of Registered Land Survey No. 24 for a distance of 767.25 feet to the actual point of
beginning of the tract to be described; thence continuing South 0 degrees 18 minutes 40 seconds
East along said east line of the West half of the East six -sevenths of the East half of the Southeast
Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of
449.09 feet to the Southeast corner of said West half of the East six -sevenths of the East half of the
Southeast Quarter, said corner being also the Southwest corner of Registered Land Survey No. 24;
thence North 89 degrees 58 minutes 54 seconds West along the South line of said West half of the
East six -sevenths of the East half of the Southeast Quarter 283.905 feet; thence North 0 degrees 18
minutes 26 seconds West 449.00 feet; thence East parallel with the South line of said Lot 4, 283.87
feet to the actual point of beginning.
AND
That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott
County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following described
line:
Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north,
Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast corner
of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the West line
of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233 feet South
of the Northwest corner thereof.
192
Leaed— Non Co Area
Non Conforming Fence
SH KOPEE E 20' Restoration Area
October 28, 2025 (Grass & 2 Trees)
1515 Maras St
fir
77
193
AARON JUDISH
PRS Towing and Transportation, LLC
1515 Maras St. f Shakopee, MN 55379
[612-309-1109 Iprstowingandtransport@gmail.com]
February 6, 2026
VIA HAND DELIVERY
Michael Kerski
Director of Planning and Development
City of Shakopee
485 Gorman St.
Shakopee, MN 55379
RE: FORMAL NOTICE OF APPEAL REGARDING RESOLUTION PC2026-005
Dear Mr. Kerski,
Please accept this correspondence as a formal appeal of the decision rendered by the Board of
Adjustment and Appeals on February 5, 2026, concerning the revocation of the Conditional Use
Permit for the property located at 1515 Maras St. This appeal is submitted in accordance with
the Shakopee City Code to request a de novo review and hearing before the Shakopee City
Council.
The grounds for this appeal are based upon a significant denial of constitutional due process
and procedural errors that occurred during the February 5th proceedings. Although the matter
was noticed as a public hearing, the Board declared the case closed immediately upon reaching
the item and summarily denied my request to provide testimony or present evidence. As this
was a quasi-judicial proceeding affecting a vested property right, the refusal to allow the
applicant to be heard constitutes a fundamental breach of administrative fairness.
Furthermore, the Board's decision to revoke the permit at this time is premature and arbitrary.
The Board had previously established a compliance deadline of June 1, 2026, for the
completion of requirements under Condition #1 and Condition #3. By moving to revoke the
permit four months prior to the expiration of that deadline, the City has disregarded its own
established timeline. At the time of the hearing, active progress was being made toward full
compliance, including the processing of a surety bond for Condition #5 and ongoing efforts to
clarify the financial responsibility for the tree escrow mentioned in Condition #4.
In light of these facts, I formally request that the City provide a complete copy of the official
record for the February 5, 2026,as well as November 6 2025 meeting, including all staff reports,
meeting minutes, and the full audio and video recordings. I further request that the City Council
stay the enforcement of the revocation until such time as a fair and complete hearing can be
conducted, and that the original compliance window of June 1, 2026, be restored.
Respectfully submitted,
Aaron Judish
Owner/Applicant, PRS Towing and Transportation, LLC
cc: Shakopee City Clerk
Shakopee City Attorney
Shakopee City Council
196
Larkin Hoffman
February 13, 2026
Michael Kerski
Director of Planning and Development
City of Shakopee
City Hall, 485 Gorman Street
Shakopee, MN 55379
8300 Norman Center Drive
Suite 1000
Minneapolis, MN 55437-1O60
General: 952-835-3800
Fax: 952-896-3333
www.larkinhoffman.com
Via Email and City Portal
mkerski@shakopeemn.gov
Re: Appeal of Rescinded Conditional Use Permit PC2025-006 at 1515 Maras Street (CUP
for Exterior Storage)
Dear Mr. Kerski:
We represent Maras Street, LLC ("Property Owner"), the owner of the property located at 1515
Maras Street (the "Property"). This letter constitutes the Property Owner's appeal to the
Shakopee City Council of the Board of Adjustment and Appeals' February 5, 2026 (the
"Meeting") action rescinding Conditional Use Permit (CUP) PC2025-006 at the Property for
exterior storage.
Requested Relief
We respectfully request that the City Council reverse the rescission and reinstate the CUP,
subject to reasonable, clearly defined compliance timelines and conditions tailored to current
site conditions.
Basis for Appeal
Under Minnesota law, a conditional use permit runs with the land and constitutes a protectible
property interest (Minn. Stat. § 462.3595, subd. 3).1
Here, the Property Owner and its designated representatives were unable to attend the
February 5, 2026 Board meeting due to documented extenuating circumstances. The Property
Owner was out of the country for an extended trip, and the Property manager was experiencing
significant health issues. These circumstances were not an attempt to avoid the process. They
did however, materially affected the Property Owner's ability to be present and to respond in
real time.
The record reflects that City staff acknowledged ongoing communications with the Property
Owner and awareness of active efforts to address cited issues. Despite those efforts, and
without a defined compliance schedule or cure framework, the Board proceeded directly to
rescission. No clear rubric was applied to distinguish between material violations, timing -related
issues, or items already in the process of being corrected.
1 Northpointe Plaza v. City of Rochester, 465 N.W.2d 686, 689 (Minn. 1991).
197
Michael Kerski
February 13, 2026
Page 2
Where corrective efforts are underway and the underlying use remains conditionally permitted
and compatible with zoning and comprehensive plan policies, less drastic measures such as a
clear remedy process are reasonable and appropriate.
Minnesota courts have cautioned against land use actions that lack proportionality or clear
standards, including in the context of permit revocation.2 The Property Owner raises these
issues to preserve due process concerns and to request a structured, predictable path forward.
Ability and Willingness to Cure
The cited compliance issues, to the extent they exist, are capable of correction. They do not
reflect an inherent incompatibility of the use with the zoning district or the comprehensive plan
designation.
The Property Owner remains committed to responsible property management and timely
compliance. In conjunction with his property manager, the Property Owner is actively working to
permanently address tenant compliance concerns. A reinstated CUP with clear milestones
would allow the City to achieve compliance objectives while avoiding unnecessary disruption to
an otherwise allowable use.
For these reasons and to account for the extenuating circumstances affecting the Property
Owner's representation at the Board meeting, the Property Owner respectfully requests that the
City Council reverse the rescission of CUP PC2025-006 and reinstate the permit with
reasonable, enforceable compliance timelines and monitoring.
The Property Owner expressly reserves the right to supplement the administrative record and
provide additional written materials or argument prior to and at the City Council hearing, as
appropriate.
Thank you for your consideration.
Sincerely,
Joey Vossen, for
Larkin Hoffman
Direct Dial: 952-896-3249
Direct Fax: 952-842-1750
Email: jvossen@larkinhoffman.com
cc: Eugene Hansen
4909-0360-1551, v. 1
Sincerely,
Raya Esmaeili, for
Larkin Hoffman
Direct Dial: 952-896-3226
Email: resmaeili@larkinhoffman.com
2 Condor Corp. v. City of Saint Paul, 912 F.2d 215, 220 (8th Cir. 1990).
198
SHAKOPEE
POLICE DEPARTMENT
Dear Mr. Judish,
JAMIE PEARSON
Chief of Police
jpearson@ShakopeeMN.gov
Direct Dial 952-233-9422
You submitted a towing license application to the City of Shakopee as required per city ordinance
O2025-023 (Establishing a towing company licensing program and regulating consensual and non-
consensual towing with the City of Shakopee).
Per city ordinance, the following shall be grounds for denying a license:
1. Fraud or Misrepresentation. The Applicant has failed to truthfully provide any of the
information required by the City as part of the application or failed to pay the license
fee.
2. Criminal Conduct; Conviction. The Applicant has been convicted or is currently
engaging in any crime or crimes directly related to carrying on business that is directly
related to the occupation or business licensed as defined by Minnesota Statues
§364.03 Subd. 2, as it may be amended from time to time; where the applicant has not
shown competent evidence of sufficient rehabilitation and present fitness to perform
the duties and responsibilities as provided in Minnesota Statue §364.03, Sub. 3, as it
may be amended from time to time.
3. Previous License Revocation. The revocation of any license issued to the Applicant for
the purpose of conducting business as a tow truck motor vehicle service within the
past five years.
4. Poor Business Reputation. The Applicant is determined to have a bad business
reputation. Evidence of a bad business reputation shall include, but is not limited to,
the existence of a pattern of substantiated complaints against the Applicant with the
Better Business Bureau, the Attorney General's office, or other similar business or
consumer rights office or agency, within the preceding 12 months; a rating of C minus
(C-) or less with the Better Business Bureau or other similar business or consumer
rights office or agenda; or the existence of substantiated complaints against the
applicant with the City or with any other jurisdiction where the applicant performed
license activities within the preceding 3 years.
5. For any reason set forth in Chapter 110, Section 110.003(E) of this Code.
INNOVATING. ENTERTAINING. THRIVING.
Police Department 1475 Gorman St., Shakopee, MN 55379 I Phone: 952-233-9400 I Fax: 952-233-3811 I www.ShakopeeMN.gov
199
SHAKOPEE
POLICE DEPARTMENT
JAMIE PEARSON
Chief of Police
jpearson@ShakopeeMN.gov
Direct Dial 952-233-9422
This letter serves as written notification that your application was reviewed and is being denied for the
following reasons:
• Since Jan 1, 2016 there have been 132 calls that PRS Towing has been involved in (61 of
those involve complaints about business practices such as damage to towed vehicles,
issues with PRS staff, fee discrepancies).
• Shakopee Board of Adjustment and Appeals approved to revoke the Conditional Use
Permit for exterior storage of vehicles at 1515 Maras St. on February 5, 2026 due to PRS
not being in compliance with multiple conditions. This revocation is pending an appeal
process.
• Your criminal history includes dangerous weapons, drug charges, DUI, fleeing, damage
to property, and giving false information to police.
• Low customer rating on the Better Business Bureau with an average review of 1 star.
Respectfully,
Jamie Pearson
Chief of Police
INNOVATING. ENTERTAINING. THRIVING.
Police Department 1475 Gorman St., Shakopee, MN 55379 I Phone: 952-233-9400 I Fax: 952-233-3811 I www.ShakopeeMN.gov
200
RESOLUTION PC2026-005
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING
RESOLUTION PC2025-006, A CONDITIONAL USE PERMIT FOR EXTERIOR
STORAGE OF VEHICLES AT 1515 MARAS STREET
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and
approved a request from Aaron Judish, co-owner of PRS Towing and Transportation, LLC (applicant)
for a Conditional Use Permit for Exterior Storage of Vehicles on property owned by Maras Street LLC
at 1515 Maras Street on November 6, 2025, and adopted the following findings:
Criteria #1
Finding #1
Criteria #2
Finding #2
Criteria #3
Finding #3
Criteria #4
Finding #4
The use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity; and
With the proper local and state licensing, an active status with the Office of the MN
Secretary of State, and limitations on the number of stored vehicles, the use should
not be injurious to the use and enjoyment of other property in the immediate vicinity,
nor should it substantially diminish or impair property values in the area.
The establishment of the conditional use permit will not impede the normal and
orderly development and improvement of surrounding vacant property for uses
allowed in the area; and
The conditional use permit should not impede future development and improvement
in the area. The non -conforming fence will be moved a minimum of 20 feet from the
west property line to remain out of the sight triangle and allow for the planting of 2
screening trees which will be an improvement to the area.
Adequate utilities, access roads, drainage and other necessary facilities have
been or will be provided; and
The board finds that adequate utilities, access, drainage and other necessary facilities
exist at the site. The applicant is not requesting additional services.
The use is consistent with the purposes of the zone in which the applicant intends
to locate the proposed use; and
The use of the subject property is consistent with the purposes of the Light Industry
(I-1) zoning district which allows exterior storage as a conditional use.
201
Criteria #5
Finding #5
The use is not in conflict with the Comprehensive Plan.
The use is not in conflict with the Comprehensive Plan (Mixed Use Employment
Center).
WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of
approval:
and
1. The total exterior storage area shall not exceed 20,000 sq. ft.
2. A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside the fenced
area. No storage outside of the fenced area permitted.
3. Fencing shall be moved a minimum of 20' from the west property line per Engineering Memo
dated October 9, 2025, and shall comply with City Code Section 111.02.
4. Two deciduous trees a minimum of 2.5 caliper inches in size of an approved species, shall be
planted on the property adjacent to the fence along Maras Street by June 1, 2026. Per City Code
Section 151.112 N. an escrow totaling 150% of the cost of the trees shall be submitted to the city
along with a 2 -year warranty from the installer of the plantings on or before December 15, 2025.
5. The business shall obtain and maintain all required local and state licenses and remain active
with the Office of the MN Secretary of State. Failure to do so will result in revocation of the
CUP.
6. The business shall submit proof of insurance annually.
7. No scrap, tires, car hulks, etc. allowed to be stored.
8. Auto repair and service is not permitted as part of this conditional use permit.
9. Self -Storage of vehicles is not permitted as part of this conditional use permit.
WHEREAS, the applicant has not satisfied multiple conditions (specifically 1, 2, 3, 4, 5 & 7);
WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to
review and revoke a permit upon violation of any condition of the permit; and
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota that resolution PC2025-006 which allowed exterior storage of vehicles at1515
Maras Street is hereby rescinded.
Adopted in regular session of the Board of Adjustmen and Appeals of the City of
Shakopee, Minnesota, held on the 5th day of February, 2026.
ATTEST:
Michael Kerski,
Director of Planning add Development
Ch
Boar i4 Adjustment and Appeals
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
202
EXHIBIT A
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows:
Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat
thereof, said point being on the east line of said West half of the East six -sevenths of the East half
of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the
west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence West parallel with
the south line of said Lot 4 for a distance of 283.87 feet; thence North 0 degrees 18 minutes 26
seconds West 767.25 feet to said south line of Lot 4; thence East along said south line of Lot 4 for a
distance of 283.82 feet to the actual point of beginning.
Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same being
the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof.
AND
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows:
Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded
plat thereof, said point being on the east line of said West half of the East six -sevenths of the East
half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24;
thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of
the West half of the East six -sevenths of the East half of the Southeast Quarter said line being also
the west line of Registered Land Survey No. 24 for a distance of 767.25 feet to the actual point of
beginning of the tract to be described; thence continuing South 0 degrees 18 minutes 40 seconds
East along said east line of the West half of the East six -sevenths of the East half of the Southeast
Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of
449.09 feet to the Southeast corner of said West half of the East six -sevenths of the East half of the
Southeast Quarter, said corner being also the Southwest corner of Registered Land Survey No. 24;
thence North 89 degrees 58 minutes 54 seconds West along the South line of said West half of the
East six -sevenths of the East half of the Southeast Quarter 283.905 feet; thence North 0 degrees 18
minutes 26 seconds West 449.00 feet; thence East parallel with the South line of said Lot 4, 283.87
feet to the actual point of beginning.
AND
That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott
County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following described
line:
Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north,
Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast corner
of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the West line
of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233 feet South
of the Northwest corner thereof.
203
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee Board of
Adjustment and Appeals
February 5, 2026
5.b
Revocation of Conditional Use Permit for exterior storage of vehicles at
1515 Maras St.
Amanda Schwabe, Planner
Michael Kerski
Action to be considered:
Approve Resolution PC2026-005 revoking the Conditional Use Permit for exterior storage
of vehicles at 1515 Maras St.
Motion Type:
Simple Majority
Background:
Resolution PC2025-006 was approved November 6, 2025 with nine conditions to allow
exterior storage of vehicles on property owned by Eugene Hanson DBA Maras Street, LLC
at 1515 Maras St. The vehicles are associated with PRS Towing and Transportation, LLC
which leases office space at the site for dispatching tow trucks and administrative
functions related to towing and recovery services.
Since approval of the Conditional Use Permit (CUP), Aaron Judish (applicant) is not in
compliance with multiple conditions of approval as outlined below and therefore is in
violation of the CUP.
Condition #1: The total exterior storage area shall not exceed 20,000 sq. ft.
Status: Exterior storage area exceeds this amount as the fence has not be relocated.
Condition #2: A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside
the fenced area. No storage outside of the fenced area permitted.
Status: During site inspection on 1/29/2026, staff viewed approximately 50+ vehicles
inside the fenced area.
Condition #3: Fencing shall be moved a minimum of 20' from the west property line per
Engineering Memo dated October 9, 2025 and shall comply with City Code Section 111.02.
Status: During site inspections on 1/29/2026, staff confirmed the fence has not been
relocated. No permit has been submitted to date to relocate the fence.
204
Condition #4: An escrow totaling 150% of the cost of two deciduous trees (minimum 2.5 caliper
inches) shall be submitted to the city along with a two year warranty from the installer of the
plantings on or before December 15, 2025.
Status: No escrow or warranty has been submitted to date.
Condition #5: The business shall obtain and maintain all required local and state licenses.
Status: Per the City Clerk, as of this writing, no application has been submitted for a
towing license as required by City Code Chapter 119.
Condition #7: No scrap, tires, car hulks, etc. allowed to be stored.
Status: Car hulks were observed in the storage area during site inspection on 1/29/26.
City Code Section 151.011 J. allows the Board of Adjustment and Appeals to revoke a
permit upon violation of any condition of the permit, requirement of City Code Chapter
151, or violation of state or federal law or regulation. The property owner is aware of the
violation and the city's recommendation to revoke the CUP.
Recommendation:
Approve Resolution PC2026-005 revoking a Conditional Use Permit for exterior storage of
vehicles at 1515 Maras St.
Budget Impact:
None
Attachments:
Resolution PC2026-005
Site Inspection Photos
Executed Resolution PC2025-006
205
RESOLUTION PC2025-006
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW EXTERIOR STORAGE OF VEHICLES
AT 1515 MARAS ST
WHEREAS, Aaron Judish, applicant and co-owner of PRS Towing and Transportation,
LLC, has made an application for a Conditional Use Permit (CUP) to allow exterior storage of
vehicles in a fenced area approximately 20,000 sq. ft. in size at 1515 Maras Street per City Code
Section 151.007 K; and
WHEREAS, the property upon which the request is being made is legally described
in Exhibit A; and
WHEREAS, all required public notices regarding the public hearing for the application
were duly sent and posted and all persons appearing at the hearing have been given an opportunity
to be heard thereon; and
WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review
this application on November 6, 2025, and adopted the following findings:
Criteria #1 The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate
vicinity;
Finding #1 With the proper local and state licensing, an active status with the Office of the
MN Secretary of State, and limitations on the number of stored vehicles, the
use should not be injurious to the use and enjoyment of other property in the
immediate vicinity, nor should it substantially diminish or impair property
values in the area.
Criteria #2
Finding #2
The establishment of the conditional use permit will not impede the
normal and orderly development and improvement of surrounding vacant
property for uses allowed in the area;
The conditional use permit should not impede future development and
improvement in the area. The non -conforming fence will be moved a minimum
of 20 feet from the west property line to remain out of the sight triangle and
allow for the planting of 2 screening trees which will be an improvement to the
area.
206
Criteria #3
Finding #3
Criteria #4
Finding #4
Criteria #5
Finding #5
Adequate utilities, access roads, drainage and other necessary facilities
have been or will be provided;
The Board finds that adequate utilities, access, drainage and other necessary
facilities exist at the site. The applicant is not requesting additional services.
The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use; and
The use of the subject property is consistent with the purposes of the Light
Industry (I-1) which allows exterior storage as a conditional use.
The use is not in conflict with the Comprehensive Plan.
The uses are not in conflict with the Comprehensive Plan (Mixed Use
Employment Center).
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals
of the City of Shakopee, Minnesota that the requested CUP is hereby approved, subject to the
following conditions:
1. The total exterior storage area shall not exceed 20,000 sq. ft.
2. A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside the
fenced area. No storage outside of the fenced area permitted.
3. Fencing shall be moved a minimum of 20' from the west property line per
Engineering Memo dated October 9, 2025, and shall comply with City Code Section
111.02.
4. Two deciduous trees a minimum of 2.5 caliper inches in size of an approved species,
shall be planted on the property adjacent to the fence along Maras Street by June 1,
2026. Per City Code Section 151.112 N. an escrow totaling 150% of the cost of the
trees shall be submitted to the city along with a 2 -year warranty from the installer of
the plantings on or before December 15, 2025.
5. The business shall obtain and maintain all required local and state licenses and remain
active with the Office of the MN Secretary of State. Failure to do so will result in
revocation of the CUP.
6. The business shall submit proof of insurance annually.
7. No scrap, tires, car hulks, etc. allowed to be stored.
8. Auto repair and service is not permitted as part of this conditional use permit.
9. Self -Storage of vehicles is not permitted as part of this conditional use permit.
Adopted in regular session of the Board of Adjustment : nd Appeals of the City of
Shakopee, Minnesota, held on the 6th day of November 2025
ATTEST:
Michael Kers 1,
Director of Planning an a Development
Chair ''• ' i n,
Board of Adjustment and Appeals
PREPARED BY:
City of Shakopee
485 Gorman St
Shakopee, MN 55379
207
EXHIBIT A
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows:
Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded
plat thereof, said point being on the east line of said West half of the East six -sevenths of the East
half of the Southeast Quarter, said line being also the west line of Registered Land Survey No.
24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east
line of West half of the East six -sevenths of the East half of the Southeast Quarter, said line
being also the west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence
West parallel with the south line of said Lot 4 for a distance of 283.87 feet; thence North 0
degrees 18 minutes 26 seconds West 767.25 feet to said south line of Lot 4; thence East along
said south line of Lot 4 for a distance of 283.82 feet to the actual point of beginning.
Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same
being the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof.
AND
That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of
Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as
follows: Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to
the recorded plat thereof, said point being on the east line of said West half of the East six -
sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered
Land Survey No. 24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds
East along said east line of the West half of the East six -sevenths of the East half of the Southeast
Quarter said line being also the west line of Registered Land Survey No. 24 for a distance of
767.25 feet to the actual point of beginning of the tract to be described; thence continuing South
0 degrees 18 minutes 40 seconds East along said east line of the West half of the East six -
sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered
Land Survey No. 24 for a distance of 449.09 feet to the Southeast corner of said West half of the
East six -sevenths of the East half of the Southeast Quarter, said corner being also the Southwest
corner of Registered Land Survey No. 24; thence North 89 degrees 58 minutes 54 seconds West
along the South line of said West half of the East six -sevenths of the East half of the Southeast
Quarter 283.905 feet; thence North 0 degrees 18 minutes 26 seconds West 449.00 feet; thence
East parallel with the South line of said Lot 4, 283.87 feet to the actual point of beginning.
AND
That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott
County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following
described line:
Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north,
Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast
corner of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the
West line of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233
feet South of the Northwest corner thereof.
208
— Leased Area
Non Conforming Fence
SI~iAKOPEE o 20' Restoration Area
October 28, 2025 (Grass & 2 Trees)
1515 Maras St
0 57.5 175
350
209
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 11.d
April 7, 2026
Final Plat of Southbridge Crossings Seventh Addition
Kyle Sobota, Senior Planner
Michael Kerski, Director of Planning and Development
Action to be considered:
Adopt Resolution
Motion Type:
Simple Majority
Background:
Site Information:
Property Address: 8108 Old Carriage Court North
Property Owner: Shakopee Crossings Limited Partnership
Lot Area: 4.63 Acres
Current Zoning: B-1, Highway Business
2040 Comp. Plan: Mixed Use Retail Center
Steve Soltau of Shakopee Crossings Limited Partnership has applied for the final plat of
Southbridge Crossings Seventh Addition to subdivide one 4.63 -acre parcel into four lots
for commercial development. The submitted drawings show the plat name as
Southbridge Crossings 6th Addition. At the time of submitting the plat application, the
applicant was not aware that a subdivision by a different property owner for Southbridge
Crossings 6th Addition (former Best Buy site / proposed Chick-Fil-A) was already under
review and has since been approved by City Council. The proposed uses of the lots in this
subdivision are as follows:
• Lot 1: Proposed McDonald's restaurant (Building Permit Application currently under
review)
• Lot 2: Proposed multi -tenant building
• Lot 3: Existing Sherwin Williams building
• Lot 4: Proposed multi -tenant building
No additional public streets are proposed within this subdivision. Vehicle access to the
four lots is from existing private drives that connect to both Old Carriage Court and Old
Carriage Road and a future north -south private drive to be constructed between Lots 3
and 4 and Lots 1 and 2 (see overall site plan). Pedestrian connections to each of the
210
buildings will be provided from the existing sidewalk along Old Carriage Court to comply
with City Code. A cross access agreement is required for connections to private drives
within this subdivision and other adjacent parcels not within this plat that are connected
by private driveways.
Staff is recommending approval of the final plat, subject to conditions in the attached
Resolution and Engineering Department memorandum.
Recommendation:
Adopt Resolution R2026-057 approving the Final Plat of Southbridge Crossings Seventh
Addition
Budget Impact:
N/A
Attachments:
Location Map
Applicant Narrative
Southbridge Crossings 5th Addition Plat
Overall Site Plan
Lot 4 Proposed Site Plan
McDonald's Proposed Site Plan
Final Plat Drawing
Engineering Department Comments
Resolution R2026-057
211
Southbridge Crossings 7th Addition Location
4/1/2026, 2:39:08 PM
Parcels - Scott County
_ - _ : Shakopee Municipal Boundary
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Vantor I Scott County GIS I Systems Mamagement Specialist
SHAKOPEE
CROSSINGS
January 9, 2026
RE: Southbridge Crossings Lot 2, Blk 2 re plat/Final Plat
This Final Plat application involves two tax parcels withing a single current platted lot. The area
is south of the car wash currently under construction and north of the former Best Buy parcel.
The area will be divided into four parcels with each lot including portions of shared driving lanes
with underlying cross easement rights. Within the proposed area Sherwin Williams operates
under a lease with one of the parcels matching the leased area description. A second parcel
will have a multi -tenant building to be constructed. A third parcel has a proposed McDonald's.
The fourth remainder lot will be a future outlot site. All uses are or will be consistent with the
underlying Shopping Center PUD and PUD Amendment. Barring unforeseen changes like the
closing of the Best Buy facility, this will be the last final plat for the area.
All future utility and water management needs are being addressed, and reconfiguration of
long planned drive lane configurations have been modified to reflect discussions with city staff
that are acceptable to existing and future users.
Steve
Steven D Soltau
Shakopee Crossings Limited Partnership
8170 Old Carriage Crt. N., Suite 200
Shakopee MN 55379
612-207-9506 I ssoltau@southbridgecrossina.com
Shakopee Crossings Limited Partnership 0 8170 Old Carriage Court North, Suite 210 E Shakopee, MN 55379 m (952) 465-3939
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City of Shakopee
Memorandum
TO: Kyle Sobota, Senior Planner
FROM: Darin Manning, Project Engineer
SUBJECT: Preliminary & Final Plat —Southbridge Crossings 7th Addition
PROJECT: PLAT -000345-2026
DATE: March 23, 2026
The staff review indicates a request to review a Final Plat application for Southbridge Crossings
Seventh Addition. The site is located on west of County Road 21, south of Highway 169, and north
of Old Carriage Road.
This review should be considered preliminary, as more comments will follow with additional
submittals. However, the Engineering 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. Refer to Shakopee Public Utilities (SPU) comments for watermain. All SPU comments shall
be addressed to their satisfaction prior to final plat approval.
2. Revise the Final Plat to depict the existing 35 -foot Drainage and Utility Easement located
along the west side of the property, as recorded under Document No. 667122, with label
and recording information shown on the plat.
3. Submit a recorded Cross Access Agreement for all adjacent properties to ensure shared
access and site connectivity. The agreement shall include all four lots within Southbridge
Crossings 7th Addition, Southbridge Crossings 5th Addition (Lot 1, Block 2 to the north),
and Southbridge Crossings 6th Addition (Lot 1 and Lot 2, Block 1) to accommodate access
to the future traffic signal. The agreement shall provide for shared vehicular and
pedestrian access, where applicable, including provisions for future pedestrian
connections. The agreement shall be subject to City review and approval and include an
exhibit map depicting access routes.
4. Submit a recorded utility easement for the proposed storm sewer serving Southbridge
Crossings 7th Addition, Lot 1 and Lot 2 (future McDonald's and adjacent eastern lot), sized
to fully encompass all pipes, structures, and required maintenance access. The easement
and/or associated agreements shall clearly define ownership and maintenance
responsibilities.
H:\Development\Southbridge Crossings 7th Addition\Project Management \Letters and Memos\Staff Review\Southbridge Crossings 7th Addition FP 03 23 26.docx
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5. Submit a recorded utility easement for the proposed storm sewer serving Southbridge
Crossings 7th Addition, Lot 3 and Lot 4 (Sherwin Williams and adjacent western lot), sized
to fully encompass all pipes, structures, and required maintenance access. The easement
and/or associated agreements shall clearly define ownership and maintenance
responsibilities.
6. Submit a recorded utility easement for the proposed shared sanitary sewer service
serving Southbridge Crossings 7th Addition, Lot 1 and Lot 2 (future McDonald's and
adjacent eastern lot). The easement and/or associated agreements shall clearly define
ownership and maintenance responsibilities.
7. Submit a recorded utility easement for the proposed shared sanitary sewer service
serving Southbridge Crossings 7th Addition, Lot 3 and Lot 4 (Sherwin Williams and
adjacent western lot). The easement and/or associated agreements shall clearly define
ownership and maintenance responsibilities.
8. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
9. 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:
10. Obtain final approval of the subdivision's storm water management plan.
11. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of
the permit must be provided to the City, and compliance shall be maintained throughout
construction.
12. 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.
13. Submit a fully executed and recorded copy of a Utility Facilities Easement Agreement for
the proposed development. A template can be obtained from the Engineering
Department.
14. Record plans shall 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
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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 Engineering Department recommends approval of the application subject to the conditions
above being addressed/completed by the applicant.
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RESOLUTION R2026-057
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE FINAL PLAT OF
SOUTHBRIDGE CROSSINGS SEVENTH ADDITION
WHEREAS, Shakopee Crossings LTD Partnership, property owner and applicant, have
made application for Final Plat of Southbridge Crossings Seventh Addition; and
WHEREAS, the property is legally described as:
Lot 2, Block 2, Southbridge Crossings Fifth Addition, Scott County, Minnesota;
and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on April 17, 2001, at which time all persons present were given an opportunity to
be heard on the Preliminary Plat of Southbridge Crossings First Addition; and
WHEREAS, the Planning Commission recommended to the City Council that the Preliminary
and Final Plat of Southbridge Crossings First Addition be adopted on April 17, 2001; and
WHEREAS, the City Council reviewed and approved the Preliminary and Final Plat of
Southbridge Crossings First Addition on June 19, 2001; and
WHEREAS, the City Council reviewed the Final Plat of Southbridge Crossings Seventh
Addition on April 7, 2026; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that the Final Plat of Southbridge Crossings Seventh Addition 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. The name on the final plat drawing and all plans must be revised to Southbridge Crossings
Seventh Addition.
B. Site development shall comply with the conditions noted in the City Engineering memo
dated March 23, 2026 (including compliance with red -lined comments).
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C. The applicant must dedicate a 20' wide drainage and utility easement to Shakopee Public
Utilities for the existing watermain that serves Lot 3, Block 1 (Sherwin Williams).
D. Site development shall comply with SPU's standard terms and conditions and review
comments on the electric service and watermain cover.
E. Development of the sites shall meet Fire Department requirements and the Minnesota State
Fire Code.
II) Following the recording of the final plat, the following conditions apply:
1. Pedestrian connections to the buildings on all of the lots in the plat must be made to the
public sidewalk along Old Carriage Court.
2. Development of Lot 1, Block 1 or Lot 2, Block 1 will require extension of the 8"
watermain north/south across the plat. Additional watermain easement will be required
over that wateiliiain. Pay applicable trunk water main fee for any portion of the plat
where it is unpaid.
3. A Stoiuiwater Management Plan must be approved prior to Grading and/or Building
Permit approval.
4. Only one freestanding sign is permitted within this plat per the Southbridge PUD. The
sign must be a monument type design.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 7th
day of April, 2026.
Mayor of the City of Shakopee
Attest:
Richard Parsons, City Clerk
2 oft
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SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 11.e
April 7, 2026
Amendment to Shakopee Public Utilities Franchise Agreement for Large
Power Users
Michael Kerski, Planning and Development Director
Michael Kerski
Action to be considered:
Approve amendment.
Motion Type:
Simple Majority
Background:
In December of 2021, the City of Shakopee and Shakopee Public Utilities (SPU) entered
into an agreement through Resolution No. R2021-172 to redo the PILOT paid by the
utility. As part of the agreement, SPU agreed to pay 5.5% of annual gross sales for electric
and water utilities to the city in a PILOT. SPU also wanted to invest in the city's economic
development efforts - which positively affects both organizations - and included an
additional .5% for that purpose.
SPU would like to amend the current PILOT for large load (over 10 MW) users by capping
the 5.5% at $1.5 million per user, with 1% being contributed over the $1.5 million in user
revenue.
The City of Shakopee and Shakopee Public Utilities (SPU) have been evaluating
opportunities to attract high -energy -use industries, which could include advanced
manufacturing users and small data centers As discussed in recent PILOT amendment
conversations, interest has emerged from potential large -load customers exceeding 10
megawatts (MW). This allows SPU to be competitive with other power providers in the
region, while still offering a more competitive rate for residential users than XCEL or
Minnesota Valley.
SPU has evaluated its current system capabilities, including generation, distribution, and
most critically, transmission capacity, which is the primary limiting factor in serving any
large-scale electrical loads.
SPU's system currently has limited transmission capacity available for new large -load
customers. While distribution infrastructure can often be expanded incrementally,
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transmission availability is constrained by regional infrastructure and interconnection
limitations.
As a result, SPU can only accommodate a limited number of large -load users. Larger
hyperscale data centers (100+ MW) are not currently feasible without significant regional
transmission upgrades that take many years of approvals and upgrades.
Given these constraints, the city may expect the following developments with the
proposed change:
Advanced Manufacturing & Robotics Users
• High dollar component makers (like specialized electronics, med devices)
• Automated distribution centers
• Robotics -driven manufacturing facilities
• High -throughput logistics hubs
These are usually moderate -to -high electrical demand at 5MW to 15MW and have strong
employment and economic development benefits. These users typically do not require
constant load capacity.
Small to Mid -Sized Data Centers
Likely size: 25-50 MW, and the current network may be able to support -3 facilities
system -wide
These local and regional data centers are 100,000 to 150,000 square feet and are air
cooled (no water use) and have internal generators. These serve local and regional
demand like banks, governments, credit card processing and large-scale backup for
users. These offer little environmental and low traffic impacts with typically 10-15 high
paid employees, with high tax base potential. They provide a constant power load that
allows the utility to manage overall demand by executing larger power purchase
agreements.
Traditional Manufacturing and Distribution Centers (Limited Impact)
These lower electrical intensity users continue to be viable but are not constrained by
SPU transmission capacity. Shakopee effectively has a limited allocation of large -load
capacity, making it a strategic asset that must be carefully managed.
Due to transmission limitations, Shakopee is not positioned to support multiple large
hyperscale data centers. Instead, the City is best positioned to serve no more than three
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mid -sized (25-50 MW) data centers while complementing those with advanced
manufacturing or robotics -intensive users.
Recommendation:
Approve First Amendment to the PILOT Agreement with Shakopee Public Utilities.
Budget Impact:
If approved, the amendment to the PILOT agreement will not change the current revenue
received from SPU. Future revenue received by the City would increase as large load
users are added.
Attachments:
Draft_First_Amendment_to_PILOT_Agreement_3365209.3_.pdf
SPU_PI LOT_Agreement.pdf
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FIRST AMENDMENT TO
AGREEMENT REGARDING PAYMENT IN LIEU OF TAXES
This First Amendment, effective as of , 2026 (the "First Amendment"), is to the
Agreement Regarding Payment in Lieu of Taxes by and between the City of Shakopee (the "City")
and the Shakopee Public Utilities Commission ("SPU"), each a "Party" and collectively, the
"Parties."
Recitals
A. The Parties entered that certain Agreement Regarding Payment in Lieu of Taxes dated
December 21, 2021 (the "Agreement").
B. The Parties desire to update certain terms, necessitating an amendment to the Agreement.
C. The Parties desire to enter into this First Amendment.
NOW, THEREFORE, the Parties agree as follows:
I. Definitions
Unless otherwise defined herein, the capitalized terms in this First Amendment shall have
the same meaning as the defined terms in the Agreement.
II. Term of Agreement
In Section 1 of the Agreement, the following sentence is added:
Provided, however, that for large load over 10 MW per
parcel/project, (1) 5.5 percent (and .5 percent as specified in Section 2)
is applicable to the first $1,500,000 in Gross Defined Sales in a calendar
year, and (2) the percentage shall decrease to one percent for Gross
Defined Sales exceeding $1,500,000, and Section 2 shall not apply.
III. Integration
This First Amendment, together with the Agreement, constitutes the entire Agreement
among the Parties.
IV. Confirmation
Except as specifically provided in this First Amendment, the Agreement remains in full
force and effect without change.
[Signature page follows.]
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IN WITNESS WHEREROF, the Parties have caused this First Amendment to be signed by
their duly authorized representative, as of the date set forth above.
CITY OF SHAKOPEE
By:
Matt Lehman, Mayor
By:
William Reynolds, City Administrator
SHAKOPEE PUBLIC UTILITIES COMMISSION
By:
B.J. Letourneau, President
By:
Greg Drent, General Manager
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AGREEMENT REGARDING PAYMENT IN LIEU OF TAXES
This Agreement (the "Agreement") is made this day of , 2021 by and
between the CITY OF SHAKOPEE, a Minnesota municipal corporation ("City") and the
SHAKOPEE PUBLIC UTILITIES COMMISSION, a municipal utility commission organized
under Minnesota law ("SPU"), each a "Party" and collectively, the "Parties."
RECITALS
A. Minnesota Statutes, Section 412.361, subdivision 5 and Shakopee City Code Section 32.22,
Paragraph H grant authority to the City and SPU to enter into agreements with each other
for, among other things, payments by SPU to the City in lieu of taxes ("PILOT").
B. The City and SPU desire to enter into this agreement establishing the method by which
PILOT will be calculated.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. SPU will pay PILOT to the City in an amount equal to 5.5% of SPU's annual gross defined
sales for electric and water utilities, as defined herein. Gross defined sales shall mean SPU's gross
water and electric sales of residential, commercial, industrial usage, Power Cost Adjustment
(PCA), fixed charges, and security light revenue less bad debt expenses. Gross Defined sales
excludes revenues due to underground electric relocation, conservation, electric power used by the
water division for pumping, water reconstruction, hydrant sales, and penalties ("Gross Defined
Sales").
2. SPU will pay PILOT to the City to support economic development in SPU's assigned
electric service territory in an amount equal to .5% of SPU's Gross Defined Sales for water and
electric utilities.
3. SPU shall make payments to the City on a monthly basis as budgeted. The Parties will
annually true -up any differences between the amounts projected for Gross Defined Sales and the
actual Gross Defined Sales amounts, making any adjustments by March 31 for overpayment or
underpayment during the preceding year.
4. Although this Agreement does not address any in -kind services that one Party may perform
for the other Party, the Parties recognize and commend their staff for working cooperatively on a
variety of issues for the benefit of the community, and they encourage this on -going cooperation.
The Parties also recognize that SPU provides energy for the City's street light system at no cost to
the City.
5, The term of this Agreement begins January 1, 2022 and ends on December 31, 2042. The
Parties agree to begin good faith discussions of PILOT at least twelve months before the end of
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the term.
6. In the event that a dispute arises between the Parties as to the interpretation or performance
of this Agreement, then upon written request of either Party, representatives with settlement
authority for each Party shall meet in person and confer in good faith to resolve the dispute. If the
Parties are unable to resolve the dispute, they shall make every effort to settle the dispute through
mediation or other alternative dispute resolution methods facilitated by a neutral.
7. The Parties do hereby each unconditionally release and waive any and all claims, known
or unknown, which they may now have or have in the future arising from any action or omission
of the Parties or any fact or circumstance first occurring prior to the date hereof, whether or not
continuing in nature, which relate to or arise from PILOT or SPU's transfer of funds to the City.
8. Any and all previous agreements between the City and SPU pertaining to PILOT by SPU
to either the City or the EDA and any and all resolutions adopted by SPU or the City pertaining to
PILOT by SPU to either the City or the EDA are rescinded and superseded by this agreement.
9. This Agreement may be amended, modified; or waived only in writing, approved by each
governing body, and signed by both of the Parties.
10 . The laws of the state of Minnesota shall govern the validity of this Agreement, the
construction of its terms, and the interpretation of the rights and duties of the Parties hereto.
11. This Agreement may be executed in counterpart copies by the Parties and each counterpart,
when taken together with the other, shall be deemed one and the same executed Agreement.
CITY OF SHAKOPEE
By
Its Mayor
By
Its City Administrator
SHAKOPEE PUBLIC UTILITIES
COMMISSION
By
Its Pr sident
By
Its General lvldnager
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WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 12.a
April 7, 2026
City Bill List
Becky Smith, Accounting Specialist
Action to be considered:
Review of City Bill List
Motion Type:
Informational only
Background:
The City Bill has been provided to the City Council.
Recommendation:
Review of City Bill List
Budget Impact:
N/A
Attachments:
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SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 12.b
April 7, 2026
News and Announcements
Rick Parsons
Action to be considered:
No action, item is informational only.
Motion Type:
Informational only
Background:
Announcements and Upcoming Events:
• Phase 2 of the Marystown Road Reconstruction Project will begin on Monday April
13th. This phase of the improvements includes construction of the roundabouts at
the Highway 169 south ramp and Vierling Drive intersections and bridge
modifications. These intersections along with the bridge over Highway 169 will be
closed to all traffic during construction and detours will be posted for regional traffic
and for businesses/parks adjacent to the closure area. The Highway 169 north ramp
will remain open during construction maintaining access to Hy-Vee and Tahpah
Park. Construction is expected to be completed by mid -August. Visit
MarystownRoad.com to learn more about the improvements or contact the
Engineering Department with any questions about the project.
• Clean up day for residents of Shakopee, Louisville and Jackson Township is Saturday
April 25th 7:30-11:30 a.m. at the Public Works building 400 Gorman street. I.D. is
required. See city website for details
• Tree Sale pickup is Saturday April 25th 1:00-3:00 p.m. at the Public Works building,
400 Gorman street. See city website for details
Recommendation:
Please review the information on upcoming news and announcements.
Budget Impact:
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N/A.
Attachments:
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