Shakopee Council 2/21/17 Agenda

Shakopee City Council
February 21, 2017

7:00 PM
City Hall 129 Holmes St.
Shakopee Mission Statement

The Mission of the City of Shakopee is toprovide the opportunity to live, work and play in a community
with a proud past, promising future, and small town atmosphere within a metropolitan setting.
Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each
agenda item.
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and change.
C. Maintain the City's strong financial health.
D. Maintain improve and create strong partnerships with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well-trained, caring, and professional employees.
F. Housekeeping item.
Mayor Bill Mars presiding

1. Roll Call
2. Pledge of Allegiance
3. Approval of Agenda
4. Consent Business - (All items listed in this section are anticipated to be routine. After a
discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
A. Planning Department
A.1. *Set Public Hearing for Vacation of Public Drainage & Utility Easement
A.2. *Set Public Hearing for Vacation of Public Roadway Easement
B. Police and Fire
B.1. *Surplus Property
C. Public Works and Engineering
C.1. *Re-purchase Agreement for Tractor
C.2. *2017 Tree Sale Donations
C.3. *Approve Plans & Order Ad for Bids for Fire Station No 1 Rear Parking lot
C.4. *Approve Plans & Order Ad for Bids 2017-2 Bituminous Overlay
D. Personnel
D.1. *Leave Donation Policy
E. Parks and Recreation
E.1. *Approve the Final Plans and Specifications and Authorize the bidding of
Tahpah West Baseball Field No. PR2017-1 (A,B)
E.2. *Final Plans, Specifications and bidding of the Lions Park Warming House
Project No. PR2016-2 (A,B)
E.3. *Donations to Fun For All Playground
F. General Administration
F.1. *City Bill List
F.2. *City Council Minutes
F.3. *Fee Schedule Update
5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an
opportunity for the public to address the Council on items which are not on the agenda.
Comments should not be more than five minutes in length. The Mayor may adjust that
time limit based upon the number of persons seeking to comment. This comment period
may not be used to make personal attacks, to air personality grievances, to make
political endorsements or for political campaign purposes. Council Members will not
enter into a dialogue with citizens, and questions from Council will be for clarification
only. This period will not be used to problem solve issues or to react to the comments
made, but rather for informational purposes only.
6. Business removed from consent will be discussed at this time
7. Public Hearings
A. Public Hearing-Order 2017-1 Street Reconstruction Project
8. Recess for Economic Development Authority Meeting
9. Reconvene
10. General Business
A.1. Ordinance No. 956 Amending Title XV by adding definition for Massage
Establishments and allowing same in B-1 and B-3 Zones
A.2. Approve Grant Agreement for Anchor Glass
A.3. Resolution in Support of Additional River Crossing
B. Public Works and Engineering
B.1. Presentation from the Lower Minnesota River Watershed District
C. General Administration
C.1. Shakopee Derby Days Electrical Upgrades at Huber Park
C.2. 2017 City Work Plan
C.3. Appointment to Boards and Commission
11. Liasion and Administration
12. Other Business
13. Adjournment to March 7, 2017 at 7:00 p.m.
A.1.

February 21, 2017
FROM: Mark Noble, Senior Planner

TO: Mayor and City Council
Subject:
Set Public Hearing for Vacation of Public Drainage & Utility Easement
Policy/Action Requested:
Duke Realty Partnership is requesting that the City Council set a public hearing date to
consider the application for vacation of public drainage & utility easement
on Outlot A, Gateway First Addition.
Recommendation:
Staff recommends that the council adopt the attached resolution setting a public hearing date
for the vacation of a public drainage & utility easement located
on Outlot A, Gateway First Addition.
Discussion:
Duke Realty owns property located north of 4th Avenue, east of Sarazin Street and west of
Shenandoah Drive. When they Final Platted Gateway South First Addition, they overlaid a
public drainage & utility easement over the entire Outlot A (balance of property see
attachments). They are presently in to Final Plat the balance of their property, which requires
a vacation of that existing easement. With the Gateway South 2nd Addition, they will be
providing new public easements, consistent with City and SPUC recommendations. The City
Council will see that Final Plat in March. The attached Resolution No. 7841 sets a public
hearing date to consider the vacation of the easement.
The attached resolution sets a public hearing for Tuesday, March 21, 2017. On that date,
comments from staff members and utilities, as well as a recommendation from the Planning
Commission, will be presented to the City Council for consideration. The Planning
Commission will consider the request at its March 9, 2017 meeting.
Budget Impact:
N/A
ATTACHMENTS:
Resolution No 7841
Aerial Plan
Plat Plan
RESOLUTION NO. 7841
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE

VACATION OF A PUBLIC DRAINAGE & UTILITY EASEMENT
WHEREAS, it has been made to appear to the Shakopee City Council that a public
drainage & utility easement located on Outlot A, Gateway First Addition is no longer of
public use or interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken
and two weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE

VALLEY NEWS and posted notice will be given by posting such notice on the bulletin
board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post
Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the
Shakopee City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council
Chambers on the 21st day of March, 2017, at 7:00 P.M. or thereafter, on the matter of
vacating a public drainage & utility easement on Outlot A, Gateway First Addition.
Adopted in ________ session of the City Council of the City of Shakopee,

Minnesota, held the _____ day of ______________________, 2017.
_____________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
Lori Hensen, City Clerk
A.2.

February 21, 2017
FROM: Mark Noble, Senior Planner

Subject:
Set Public Hearing for Vacation of Public Roadway Easement
D.R. Horton is requesting that the City Council set a public hearing date to consider the
application for vacation of a Public Roadway Easement.
Recommendation:
Staff recommends that the Council adopt the attached resolution setting a public hearing date
for the vacation of a public roadway easement located at 12466 Marystown Road.
Discussion:
D.R. Horton own property formerly known as 12466 Marystown Road (see attached legal
description and drawings), which is presently included in the proposed Windermere Plat
application. The roadway easement pertained to a driveway that led to a residential
structure. That structure no longer exists; therefore, that easement is no longer necessary.
The attached Resolution No. 7840 sets a public hearing date to consider the vacation of the
roadway easement.
The attached resolution sets a public hearing for Tuesday, March 21, 2017. On that date,
comments from staff members and utilities, as well as a recommendation from the Planning
Commission, will be presented to the City Council for consideration. The Planning
Commission will consider the request at its March 9, 2017 meeting.
Budget Impact:
N/A
ATTACHMENTS:
Resolution # 7840
Aerial Plan
Site Plan
Easement Plan
Legal Description
RESOLUTION NO. 7840
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE

VACATION OF A PUBLIC ROADWAY EASEMENT
WHEREAS, it has been made to appear to the Shakopee City Council that a public
roadway easement located at property formerly known as 12466 Marystown Road (see
attached legal description and drawings), is no longer of public use or interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken
and two weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE

VALLEY NEWS and posted notice will be given by posting such notice on the bulletin
board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post
Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the
Shakopee City Hall.

THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council
Chambers on the 21st day of March, 2017, at 7:00 P.M. or thereafter, on the matter of
vacating a public roadway easement at property formerly known as 12466 Marystown Road
(see attached legal description and drawings).
Adopted in ________ session of the City Council of the City of Shakopee,

Minnesota, held the _____ day of ______________________, 2017.
_____________________________
ATTEST:
______________________________
Lori Hensen, City Clerk
B.1.

February 21, 2017
FROM: Chris Dellwo, Captain

Subject:
Declare Three Forfeited Vehicles as Surplus Property
The Council is asked to declare three forfeited vehicles as surplus property.
Recommendation:
If Council concurs, it is asked to declare the below described vehicles as surplus property.
Discussion:
The following vehicles were obtained through successful forfeiture proceedings:
1. 2003 Chevrolet Cavalier, VIN: 1G1JC52F137386961

2. 2004 Acura RL, VIN: JH4KA96624C002079
3. 2006 Kia Optima, VIN: KNAGE124365030284
After being declared surplus, the vehicles will be sold at auction and the proceeds, if any, will
be disbursed according to Minnesota State Statute.
Budget Impact:
None
C.1.

February 21, 2017
FROM: Michael Hullander, Public Works Superintendent

Subject:
*Re-purchase Agreement for Tractor
Approve use of re-purchase agreement for unit #143 a John Deere 5085 tractor from Ag
Power Enterprises, Inc. for the price of $9,500.00, the funding to be expended from the
Capital Equipment Internal Service Fund.
Recommendation:
Recommend approval.
Discussion:
The re-purchase agreement with Ag Power Enterprises, Inc. on the John Deere 5085 tractor
is at two years for $4,000.00 up to 250 hours and $12.00 for every additional hour thereafter.
Unit #143 has 578 hours at this time which comes to $7,936.00, with an additional $1,200.00
for the removal and re-installation of the La-forge front mounted power take-off and three
point hitch, the total cost is $9,136.00. The annual cost of this re-purchase agreement is less
than the rental rate required in the Capital Equipment Internal Service Fund for replacement
at ten years of service.
Budget Impact:
Funding to come from the Capital Equipment Internal Service Fund.
ATTACHMENTS:
Ag Power Quote - Unit #143

GR rr* DeeRe AoPower
rr Ll3 u!!L@!!@:1!-g4sre!
-@E'
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO (VENDOR): TO DELIVERING DEALER:
Deere & Company Ag Power Enterprises, lnc.
2000 John Deere Run 1051 Old Hwy 169 Blvd
Cary, NC 27513 Belle Plaine, MN 560'1 1
FED lD: 36-2382580; DUNS#: 60-7690989 952-873-2224
AgPowerAdmin@agpowerjd. com
Quote Summary
Prepared For: Delivering Dealer:

City Of Shakopee Public Works Ag Power Enterprises, lnc.
400 Gorman St Ryan Wester
Shakopee, MN 55379 1051 Old Hwy 169 BIvd
Business: 952-233-3825 Belle Plaine, MN 5601 1
Phone: 952-87 3-2224
ryanwester@agpowerjd.com
Quote lD: 14503233
Created On:
20 December 20'16
Last Modified On:
31 January 2017
Expiration Date: 20 January 2017
Equipment Summary Suggested List Selling Price otv Extended

JOHN DEERE 5085M Utility Tractor $ 73,792.00 $ 57,557.76 X 1= $ 57,557.76
Contract: MN Tractors Sub Compact Utility 1098,14 (PG 12)
Price Effective Date: December 20, 2016
Equipment Total $ 57,557.76
Trade ln Summary oty Each Extended

2014 JOHN DEERE 5085M . ,|
$ 48,057.76 $ 48,057.76
1 LVs085MLEJOzl4325
PayOff $ 0.00
Total Trade Allowance $ 48,057.76
Trade ln Total $ /4,057.76

* lncludes Fees
and Non-contract items Quote Summary
Equipment Total $ 57,557.76
Trade ln $ (48,057.76)
SubTotal $ 9,500.00
Est. Service $ 0.00
Agreement Tax
Total $ 9,500.00
Down Payment (0.00)
Salesperson : X Accpted By : X
Confidential
@ ;or* DeeRe AoPower
-@*,
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO(VENDOR): TO DELIVERING DEALER:
Cary, NC 27513 Belle Plajne, MN 56011
FED lD: 36-2382580; DUNS#: 60-7690989 952-873-2224
RentalApplied (0.00)
Balance Due $ 9,500.00
Salesperson:x Accepted By : x
Confidential
{E rcr* DeeRe ,AoPawer
Selling Equipment -@E'
Quote ld: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS
ALL PURCHASE ORDERS MUST BE lf,ADE OUT ALL PURCHASE ORDERS MUST BE SENT
Cary, NC 27513 Belle Plaine, MN 56011
FED lD: 36-2382580; DUNS#: 60-7690989 952-873-2224
JOHN DEERE 5085M Utility Tractor

MN Tractors Sub Compact Utility 109844 (PG 12) suggested List '
Price Effective Date: December 20,2016 $ 73,792.00
Selling Price *
$ 57,557.76
* Price per item - includes Fees and Non-contract items
Code Description Oty List Price DiscounP/o Discount Contract Extended
Amount Price Contract
Price
192BLV 5085M Utility Tractor 1 $ 56,703.00 22.00 $ 12,47 4.6 $ 44,228.U $ 44,228.U
0409 English Operato/s Manual

I1 $ 0.00 22.00 $0.00 $0.00 $0.00
and Decal Kit
1380'l6F/16R PowrReverser 1 $ 0.00 22.00 $0.00 $0.00 $0.00
Transmission - 540/540E
2060 Premium Cab 1 $ 13,442.00 22.00 $2,957.24 $ 10,484.76 $'t0,484.76
2120 Standard Air Suspension 1 $ 849.00 22.00 $ 186.78 $ffi2.22 $662.22
Swivel Seat
2400 Less lnstructional Seat 1 $ 0.00 22.00 $0.00 $0.00 $0.00
3025 Deluxe Corner Post 1 $603.00 22.00 $132.66 $470.U $470.34
Exhaust (Cab Only)
3320 Dual Stackable Rear Valve 1 $ 0.00 22.00 $0.00 $0.00 $0.00
with Lever Controls
3430 Triple Stackable Mid Valve 1 $ 774.00 22.00 $170.28 $603.72 $603.72
with Joystick Control
3820 Shiftable 0 / 540E Rear 1 $ 0.00 22.00 $0.00 $0.00 $0,00
PTO
4030 Electrohydraulic (EH) with 'l $ 475.00 22.00 $104.50 $370.50 $370.50
remote Left-hand (LH)
fender control
5192 18.4R30 (460/85R30) R1W $ 0.00 22.00 $0.00 $0.00 $0.00
(Firestone)
5999 No Rear Tire Brand $ 0.00 22.00 $0.00 $0.00 $0.00
Preference
6040 MFWD (4-\Meel Drive) $ 0.00 22.OO $0.00 $0.00 $0.00
6203 12.4R24 (320/85R24) R1W $ 0.00 22.00 $0.00 $0.00 $0.00
(Firestone)
6799 No Front Tire Brand $ 0.00 22.00 $0.00 $0.00 $0.00
Preference
Confidential
@ ..lor* DeeRe ffieower
Selling Equipment -68'
Quote ld: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS
ALL PURCHASE ORDERS MUST SE ADE OUT ALL PURCHASE ORDERS TIIUST BE SENT
Cary, NC 275'13 Belle Plaine, MN 56011
FED lD: 36-2382580; DUNS#: 60-7690989 952-873-2224
AgPowerAdmi n@agpowerjd. com
8010 Front Fenders Rigid 1 121.ffi $ 431.34 $ 431 .34

8300 Cold Weather Package - I $ 88.00 22.00 $ 19.36 $ 68.64 $ 68.64
Coolant Heater
85'10 Telescopic Rear View Cab 1 $ 305.00 22.00 $ 67.10 $ 237.90 $ 237.90
Mirrors (2) Manually
Adjustable
Standard Options Total $ 17,089.00 $ 3,759.58 $ 13,329.42 $ 13,329.42
Value Added Services $ 0.00 $ 0.00 $ 0.00

Total
Suggested Price $ 57,s57.76
Confidential
C.2.

February 21, 2017
FROM: Jacob Busiahn, Natural Resources Technician

Subject:
*Accept Donations from Shakopee Public Utilities and the Lower Minnesota River
Watershed District for the 2017 City Tree Sale, Res. No. 7832
Approve Resolution 7832 and accept donations of $5,000 from Shakopee Public Utilities and
$1,000 from the Lower Minnesota River Watershed District for sponsorship of the 2017 City
Tree Sale.
Recommendation:
Staff recommends approving Resolution 7832 to accept donations of $5,000 from Shakopee
Public Utilities and $1,000 from the Lower Minnesota River Watershed District for
sponsorship of the 2017 City Tree Sale.
Discussion:
On April 29th, 2017 (Arbor Day), the City will host a tree sale for Shakopee residents. In an
effort to increase participation and reduce the cost to residents, Shakopee Public Utilities and
the Lower Minnesota River Watershed District have generously agreed to sponsor the 2017
Tree Sale. Shakopee Public Utilities would like to donate $5,000 for the second year in a row,
and as a first time sponsor, the Lower Minnesota River Watershed District would like donate
$1,000.
In 2016 the tree sale offered 150 trees and it sold out quickly. In 2017 we will be offering 200
trees (19 different species). Trees will be 6' - 12' depending on species and $30 - $40 each.
Residents can find out more details and purchase trees on the city's website:
www.ShakopeeMN.gov/treesale
With the known threat of emerald ash borer, an estimated 25,000 trees within City limits will
be lost in the near future. This loss of tree canopy will result in an increase of energy
consumption, water usage and stormwater, along with a decrease in air quality, property
values, and character within our community. The City is hoping to curb this loss with
continued growth of our tree sale in the upcoming years. Sponsorship from partners like
Shakopee Public Utilities and the Lower Minnesota River Watershed District will be key in
achieving this goal.
Budget Impact:
If City Council chooses to accept these donations, the cost per tree for our residents would be
reduced by 40%. If the donations are declined, this price reduction would not be received.
ATTACHMENTS:
Resolution No. 7832

RESOLUTION NO. 7832
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA

ACCEPTING A SPONSERSHIP OF $5,000 FROM SHAKOPEE PUBLIC
UTILITIES & $1,000 FROM THE LOWER MINNESOTA RIVER WATERSHED
DISTRICT FOR THE 2017 CITY TREE SALE
WHEREAS, November 6th, 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 or gifts shall be

accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, the tree sale sponsorships of $5,000 from Shakopee Public

Utilities & $1,000 from Lower Minnesota River Watershed District greatly reduces
the cost per tree for our residents, encouraging more trees to be bought and
planted within our community; evermore important in preparing for the upcoming
loss of tree canopy due to emerald ash borer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF SHAKOPEE, MINNESOTA, that the sponsorship is gratefully accepted;
and
BE IT FURTHER RESOLVED, 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 day of , 2017.
______________________________
William Mars
ATTEST:
___________________________________
City Clerk
C.3.

February 21, 2017
FROM: Bruce Loney, Public Works Director

Subject:
Approve Plans and Order Advertisement for Bids on Fire Station No 1 Rear Parking Lot.
Approve Resolution 7838, a resolution approving plans and ordering the advertisement of
bids.
Recommendation:
Staff has prepared plans for the rehabilitation of Fire Station No. 1 rear parking lot. Due to
the age and condition of the bituminous pavement, staff recommends replacement with
concrete pavement.
Discussion:
In 2015, the front parking lot of Fire Station No. 1 was reconstructed to concrete pavement.
The rear parking lot is in need of repair and upgrading to concrete pavement will handle the
weight of the fire trucks. The cost of replacing the parking lot is estimated at $154,000.00.
Budget Impact:
This project is budgeted out of the Building fund.
ATTACHMENTS:
Resolution 7838
CIP Sheet
Plans
RESOLUTION NO. 7838
A Resolution Approving Plans and Specifications

And Ordering Advertisement for Bids
for Fire Station No.1 Rear Parking Lot
WHEREAS, Bruce Loney, Public Works Director has prepared plans and specifications for
improvements for the Fire Station No. 1 rear parking lot, by installation of concrete pavement and
any appurtenant 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:
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 inserted in the official paper 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 _________ session of the City Council of the City of Shakopee, Minnesota,
held this _________ day of _____________, 2017.
__________________________________________
ATTEST:
__________________________
City Clerk
ENGR/2017-PROJECT/FIRESTATIONNO1REAR/WORD/RES7838APPROVE-PLANS-ORDER-BIDS
C.4.

February 21, 2017
FROM: Bruce Loney, Public Works Director

Subject:
Approve Plans and Order Advertisement for Bids on the 2017 Bituminous Overlay Project
No. 2017-2.
Approve Resolution 7833, a resolution approving plans and ordering the advertisement of
bids.
Recommendation:
Staff has prepared plans for a bituminous overlay project as presented in the 2017-2021
Capital Improvement Program. These plans are ready for obtaining bids.
Discussion:
The City has been doing bituminous overlays for a number of years as part of the citys
pavement management program. Attached is the CIP sheet showing a cost estimate for the
project of $2,020,000.00 including engineering costs. Current estimates for this project is
$1,960,000.00 including engineering costs.
Budget Impact:
This project affects the Capital Improvement fund with some funding out of the sanitary
sewer, surface water and water utility for utility adjustments and repairs.
ATTACHMENTS:
Resolution 7833
CIP Sheet
Plan Title Sheet
RESOLUTION NO. 7833
A Resolution Approving Plans and Specifications

And Ordering Advertisement for Bids
For The 2017 Bituminous Overlay Improvement
Project No. 2017-2
WHEREAS, Bruce Loney, Public Works Director has prepared plans and specifications
for improvements for the 2017 Bituminous Overlay Project, by installation of bituminous overlay
and any appurtenant work and has presented such plans and specifications to the Council for
approval.

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 inserted in the official paper 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 _________ session of the City Council of the City of Shakopee, Minnesota,
held this _________ day of _____________, 2017.
__________________________________________
ATTEST:
__________________________
City Clerk
ENGR/2017-PROJECT/2017BITOVERLAY/WORD/RES7833APPROVE-PLANS-ORDER-BIDS
D.1.

February 21, 2017
FROM: Jennifer Gabbard

Subject:
Leave Donation Policy, Res. No. 7839
Adoption of Resolution 7839, approving the Leave Donation Policy.
Recommendation:
Approval of Resolution 7839, which would implement the Leave Donation Policy for all
eligible city employees.
Discussion:
Since becoming a City of Shakopee employee, in May, 2016, I have seen an large number of
city employees who have been affected by a family tragedy or severe medical condition, for
either themselves, or an immediate family member.
These situations have led to employees using all of there accrued sick and vacation balances.
Over the course of the last two years, we have replaced or added nearly 30% of our
workforce, which includes new employees who are not accruing a large amount of time off.
When a severe medical-related issue happens, and that employee needs to be out - there is a
need to try and support that employee. However, there is no outlet for a city employee to
donate time to other employees.
I am proposing a new policy for the city, a Leave Donation Policy. This Policy would allow
city employees to donate time to a "bank". That "bank" would be available for employees,
which are eligible for use of the donated time. This would be a huge benefit to our
employees, as we have some long term employees with large balances of sick and vacation
time, that would be able to, if they so choose, donate time to help other employees in a time
of need.
This is a voluntary program, city employees would be able to donate at their will, for up to 40
hours in a calendar year. An employee does have to meet the established criteria to become
eligible to use donated time, including the fact that both their combined balances of sick and
vacation leave be under 40 hours.
Budget Impact:
The budget impact would be minimal.
ATTACHMENTS:
Resolution 7839 - Leave Donation Policy

Policy Document - Leave Donation
RESOLUTION NO. 7839
A RESOLUTION APPROVING THE LEAVE DONATION POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,

MINNESOTA, that the City of Shakopee has approved the Leave Donation Policy.
BE IT FURTHER RESOLVED, that eligible city employees will now be able to donate
their sick and vacation time to their fellow eligible employees.
Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this 21st
day of February, 2017.
_____________________________
ATTEST:
_______________________________
City Clerk
LEAVE DONATION PROGRAM POLICY
(Chapter, Section, Code Added by Administration)
Adopted:
Amended:
POLICY CONTENTS
A. Scope ................................................................................................................................................................. 1
B. Purpose ............................................................................................................................................................ 1
C. Policy ................................................................................................................................................................. 2
D. Eligibility.......................................................................................................................................................... 2
E. Conditions ....................................................................................................................................................... 2
1. Forms ............................................................................................................................................................ 2
2. Participation .............................................................................................................................................. 2
3. Recipient...................................................................................................................................................... 3
4. Donor ............................................................................................................................................................ 3
F. Exceptions ....................................................................................................................................................... 4
A. SCOPE
This policy applies to all full-time, benefits eligible employees of the City of Shakopee.
B. PURPOSE
This policy establishes a leave donation program, through which eligible employees may
voluntarily donate a portion of their accrued sick or vacation time to a bank to be converted
to assist another employee who has exhausted all forms of paid leave due to a medical
emergency.
C. DEFINITIONS
1. Medical emergency
A physicians diagnosis of a major life threatening event of an employee or immediate
family member that will require the employee to be absent a prolonged period from
their employment duty.
2. Immediate family
For the purposes of this policy, immediate family shall include employees spouse,
children, parents, and includes the children, parents, of the employees spouse.
3. Qualifying major life-threatening event
Includes but is not limited to heart attack, stroke, cancer, organ transplant, life
threatening illness or condition as defined by a physicians diagnosis using the FMLA
medical certification of the catastrophic health problem.
D. POLICY
In accordance with the terms and conditions of this policy, employees having accrued
vacation and sick time can donate a portion of accrued leave to a bank of hours to be used to
assist fellow employees experiencing a medical emergency. The City Administrator has the
right to deny or limit use of donated leave if it is determined to be in the best interest of the
city. City Administrator may delegate responsibilities under this policy.
Nothing in this policy will be construed to limit or extend the maximum allowable absence
under the Family Medical Leave Act (FMLA). This program is to run concurrently with FMLA.
E. ELIGIBILITY
1. Donors
Donor employees must be benefit eligible to participate in the leave donation
program. Donors must have more than 120 total hours of accrued vacation, sick and
compensatory time available after the donation.
2. Recipients
Recipient employees must be benefit eligible to participate in the leave donation
program. Recipients must have a documented medical emergency and must have a
combined balance of less than 40 hours in accrued sick, vacation and compensatory
time. Employees receiving workers compensation benefits from city-related injuries
or illnesses are not eligible to receive donations.
F. CONDITIONS
The terms and conditions governing the Leave Donation Program are as follows:
1. Requests for leave donation

Requests and donations must be submitted to Human Resources. The approval of a
request remains valid until the employee notifies Human Resources to annul the
approval or the employee becomes ineligible to participate in the program.
2. Participation
Participation is voluntary and no employee shall pressure or otherwise attempt to
influence another employee to donate accrued time. Human Resources may post
information and general request information to inform employees of the program,
Page 2 of 4
and inform employees if there is a need for donated leave hours. All donations will
be kept confidential and the city will not inform the recipient of the names of those
donating hours or the number of hours which have been donated. No provisions of
this policy or its administration shall be subject to review under the grievance or
arbitration provisions of any collective bargaining agreement.
3. Recipient
An employee is eligible to receive donated leave only for time lost from normal work
hours and only to make them financially whole once their own paid leave banks have
been exhausted. The Leave Donation Program wages shall be limited to the amount
equal to that individual's regular gross earnings per pay period (i.e. current hourly
base pay rate multiplied by regularly scheduled hours of work per pay period).
Leave donations can be made only after an employee is forced by a medical

emergency to be absent from work for more than five scheduled working days.
Transfers of leave hours will be on an hour-by-hour basis; each hour of donor leave
will be credited as an hour of leave for the recipient, paid at the recipients current
wage, regardless of any differences in pay levels. The IRS has ruled that these
payments are considered wages and taxable income for the recipient.
An employee may not receive more than a total of 40 work days or 320 hours of
donated leave in a rolling calendar year, for any major life threatening disease or
condition.
All employees using donated leave will not accrue leave, including sick, vacation and
compensatory time.
Receipt of donated leave will not be allowed once an employee is judged to be

disabled by the major-medical condition and will not be returning to work. Donated
time cannot be used for severance pay, deposited into a sick leave bank, paid to an
employee in the form of cash or used in any other manner other than what is stated
in this section of the policy.
4. Donor
An eligible employee who donates vacation and/or sick time understands this time is
a "gift" and that the donated leave will be irrevocable, that the donating employee
does not control the employee receiving the donated leave once donated, and any
receiving employee has no obligation to pay it back. The IRS has ruled that the
employee donating the leave realizes no income and incurs no tax-deductible expense
or loss, either upon donation of leave or payment to the recipient.
Page 3 of 4
Donation of accrued time must be in whole hours, and will be donated to a bank. An
employee may donate no more than 40 hours of leave per calendar year. Donated
leave hours will be processed in the order of the date the donated leave was received
by the bank, with the earliest date processed first. Donated leave will be held until the
following pay period(s), when it is needed, and processed at that time. Once donated
time has been transferred to the donated leave bank the donor may not revoke the
transaction, even if it has not yet been paid.
G. EXCEPTIONS
Exceptions to these requirements must be approved by the City Administrator. and will only
be granted in rare and unusual circumstances. Any questions regarding this program should
be directed to Human Resources.
The city specifically retains the right to administer the program in the manner it deems to be
in the best interest of the city, including the right to amend, to alter, to further limit or to
eliminate the program.
Page 4 of 4
E.1.

February 21, 2017
FROM: Jamie Polley

Subject:
Final Plans, Specifications and Authorization to Bid Construction of Tahpah West Baseball
Field No. PR2017-2 (A,B)
Offer Resolution No.7836, A Resolution of the City of Shakopee, MN Approving Plans and
Specifications and Ordering Advertisement for Bids for Tahpah West Baseball Field No
PR2017-2.
Recommendation:
Recommend approval of the plans, specifications and ordering of bids for Tahpah West
baseball field to construct a field planned for in 2017 and to enhance programs by the City,
Independent School District 720 and Shakopee Youth Baseball Association.
Discussion:
Tahpah Park has 10 undeveloped acres on its west side. Two baseball fields are planned for
this area, a youth 12-13 year old field and a full size baseball field. When reviewing the 2017
Park Reserve projects the City Council identified the construction of one field as a priority
project. It was determined that the two fields would be built in two different phases. The first
phase would include site preparation for both fields and the construction of the full size
baseball field.
The full size baseball field can be used by all ages. The baseball field would also be used by
the School District's baseball program with its convenient location next to Joe Schleper
Baseball Stadium. During the construction of the high school expansion the practice baseball
field was removed and no definitive plans have been completed to build a replacement field
at another location. The School District is therefore willing to contribute to the development
of the full size field to serve the replacement for the baseball field that was removed. This
field would serve the school program and the community.
Project Timeline:
February 21 Council approval to bid
March 2 & 9 Advertise for bids
March 28 Bid opening at 1:00pm at City Hall
April 4 Award of contract
April 17 Construction begins
June 16 Substantial Completion
Budget Impact:
The Park Reserve has allocated $275,000 to the development of the baseball field at Tahpah
Park. The Engineer's estimate for phase I is $527,113.65. The Shakopee Youth Baseball
Association has offered to donate $25,000 in 2017 and an additional $10,000 over the next 5
years for a total donation of $75,000. The Shakopee School District 720 is also willing to
allocate $150,000 to the development of the baseball field.
Constructing the baseball field will truly be a collaborative effort.

ATTACHMENTS:
Resolution No. 7836

Tahpah West Cover Sheet
RESOLUTION NO. 7836
A Resolution of the City of Shakopee, MN Approving Plans and Specifications

And Ordering Advertisements for Bids for Tahpah West Baseball Field
Project No. PR2017-2
WHEREAS, The City of Shakopee has hired WSB & Associates to prepare plans and
specifications for the construction of a baseball field at Tahpah West, and
WHEREAS, the current ten acres is vacant, and
WHEREAS, the addition of a baseball field was planned for in the 2017 Park Reserve Fund,
and
WHEREAS, WSB & Associates has prepared the plans and specifications for the construction
work and have presented such plans and specifications to the Council for approval.

1. Such plans and specifications for the construction of a baseball field at Tahpah West
are hereby approved.
2. WSB & Associates shall prepare and cause to be inserted in the official paper and
online 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 21st day of February, 2017.
__________________________________________
ATTEST:
__________________________
City Clerk
Tapah West Field Development
EXPLANATION
REVISION NO.
Shakopee, Minnesota
DATE
01756-160
CA
PROJECT NO:
DATE
DESIGN BY:
AS NOTED
City Improvement Project No............ #PR2017-2
RECORD COPY BY:

CHECKED BY:
WSB & Associates, Inc. Project ....... #01756-160
SF
PLAN BY:
SCALE:
Issue Date........................................... March 2, 2017
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA

WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED REGISTERED LANDSCAPE
40646
Sheet List Table
Candace Amberg
SHEET
LIC. NO:
SHEET TITLE
NUMBER
L1.0 Cover Sheet
March 2, 2016
L1.1 SWPPP Sheet
L1.2 SWPPP Sheet
L1.3 SWPPP Sheet
DATE:
L1.4 SWPPP Sheet
L2.0 Overall Existing Conditions and Removals
L3.0 Overall Site Plan
Tahpah West Field Developement

L3.1 Site Enlargement Plans
L4.0 Overall Grading Plan
L5.0 Overall Restoration Plan
City of Shakopee, MN
L6.0 Miscellaneous Details
L6.1 Miscellaneous Details
C1.0 Civil Plan
Cover Sheet
__________
C1.1 Storm Sewer Details
I1.0 Irrigation Plan
I1.1 Irrigation Details
PROJECT SITE:
Tahpah Park
1490 Adams St. S.
Shakopee, MN 55379
engineeringplanning environmentalconstruction
Tel: (763) 541-4800 Fax: (763) 541-1700
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
wsbeng.com
& Associates, Inc.
WSB
1 PROJECT LOCATOR MAP
L1.0 Not to scale
SHEET
L1.0
1
L3.0
ARISE.
SCALE: 1" =40'

COMPLETED.
THE BID FORM.
CONSTRUCTION.
SPECIAL CONDITIONS.
CONSTRUCTION START.
OVERALL SITE PLAN

TIME OF CONSTRUCTION.
GENERAL NOTES:
ADDITIONAL INFORMATION)
SPECIFIC RADIUS JUNCTURES.

TRAIL LAYOUT NOTE:
CONSTRUCTION ACCESS:
FIELD VERIFIED BY THE CONTRACTOR.
PROPOSED LAYOUT NOTES:
ISSUED PRIOR TO USE OF ACCESS POINTS.
ELECTRICAL CONDUIT NOTES:
CP-#
LEGEND:
EXPENSE) AND IS CONSIDERED INCIDENTAL TO THE CONTRACT.
REVIEWED BY THE OWNER/LA-E PRIOR TO CONSTRUCTION START.
CENTERLINE
CITY/LA-E PRIOR TO INSTALLATION OF BITUMINOUS TRAIL PAVEMENT.
ALL TRAILS SHALL BE FIELD STAKED ACCORDING TO PLAN WITH FINAL
ASPHALT TRAIL
CONCRETE WALK
SUCH AS MATURE TREES, UNFORESEEN SOIL CONSTRAINTS, ETC. THESE
TO AVOID LAYOUT CONFLICTS OR UNCERTAINTIES, THE CONTRACTOR AND
ARC TANGENT LINE

CONTRACTOR SHALL BE RESPONSIBLE FOR CORRECTING ANY DAMAGE (AT
CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO BIDDING AND
OWNER/L.A.-E. FOR CLARIFICATION PRIOR TO ANY ADDITIONAL WORK BEING
THE CONTRACTOR SHALL PROVIDE AND MAINTAIN A 30' WIDE X 75' LONG ROCK
CONTRACTOR'S EXPENSE). TO EXISTING ITEMS TO REMAIN (AT CONTRACTOR'S
LAYOUT CONTROL LINE

FROM THE ACADRI4 DISK (SUPPLIED BY L.A.-E) AND ALL PROJECT FIELD STAKING
LAYOUT CONTROL POINT

THE LAYOUT INFORMATION PROVIDED ON THIS SHEET IS FOR BIDDING PURPOSES
THE CONTRACTOR SHALL BE RESPONSIBLE FOR GENERATION OF LAYOUT POINTS
DIMENSIONS TAKE PRECEDENCE OVER SCALE. FIELD VERIFY (FV) ITEMS SHALL BE
SHALL ALSO INITIATE A MEETING WITH THE L.A.-E AT ANY POINT WHEN QUESTIONS
AND VERIFICATION OF CRITICAL LAYOUT DIMENSIONS. THE OWNER/L.A. RESERVES
L.A.-E TO ENSURE THAT THE LAYOUT AND GRADING ARE PROPERLY INTERPRETED.
CONTRACTOR SHALL BE RESPONSIBLE FOR ALL LOCATES. ALL LOCATES SHALL BE
ACCESS DRIVE FOR THE DURATION OF CONSTRUCTION. (SEE SPECIFICATIONS FOR

FIELD STAKING AND GRADE STAKES SHALL BE REVIEWED AS NECESSARY WITH THE
THE CONTRACTOR SHALL VERIFY W/THE OWNER THAT THE REQUIRED PERMITS ARE
SITE LAYOUT AND GRADING REQUIREMENTS. THE CONTRACTOR AND/OR SURVEYOR
SURVEYOR SHALL MEET WITH THE L.A.-E @ THE START OF THE PROJECT TO REVIEW
ADJUSTMENTS SHALL BE CONSIDERED INCIDENTAL TO THE CONTRACT. CHANGES IN
THE OWNER SHALL FIELD VERIFY THE LOCATION OF CONSTRUCTION ACCESS AT THE
THE RIGHT TO REVISE THE PROJECT LAYOUT TO AVOID UNFORESEEN CONSTRAINTS,
BID QUANTITIES WILL BE BASED ON A PER UNIT BASIS FOR UNIT BID ITEMS LISTED ON
CONDUIT IS TO BE LOCATED UNDER TRAIL CROSSINGS. LOCATION TO BE VERIFIED BY

DURING THE COURSE OF THE PROJECT AS DEFINED IN THE SPECIFICATIONS UNDER -
UTILITIES, TREES, SITE AMENITIES, ETC. THAT ARE TO REMAIN FROM DAMAGE DURING
** ANY DISCREPANCIES FOUND THAT AFFECT THE WORK SHALL BE REPORTED TO THE
ADJUSTMENTS/APPROVAL BY LA-E AT ALL TIMES. RADII VARY - REFER TO LAYOUT FOR

CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL EXISTING STRUCTURES,
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I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT REVISION NO. EXPLANATION
32"
SCALE: AS NOTED DATE

WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
701 Xenia Avenue South, Suite 300 Tahpah West Field Developement AND THAT I AM A DULY LICENSED REGISTERED LANDSCAPE
Minneapolis, MN 55416 ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA PLAN BY: DESIGN BY:
City of Shakopee, MN SF CA
WSB Tel: (763) 541-4800 Fax: (763) 541-1700
wsbeng.com __________ CHECKED BY: PROJECT NO:
& Associates, Inc.
01756-160
SHEET
L3.0
Candace Amberg
RECORD COPY BY: DATE
engineeringplanning environmentalconstruction Overall Site Plan March 2, 2016 40646
DATE: LIC. NO:
E.2.

February 21, 2017
FROM: Jamie Polley

Subject:
Final Plans, Specifications and Bidding of the Lions Park Warming House/Shelter Project No.
PR2016-2, Res. No. 7835 (A,B)
Offer Resolution No. 7835, A Resolution of the City of Shakopee, Minnesota Approving
Plans and Specifications and Ordering Advertisement for Bids for the Reconstruction of the
Lions Pa k Warming House/Shelter, Project No. PR2016-2 (A, B)
Recommendation:
Recommend approval of the plans and specifications for the Lions Park warming
house/shelter and authorize the advertisement for bids to complete a project identified in the
2017 Park Asset plan.
Discussion:
On September 6th the City Council rejected all bid for the Lions Park warming house/shelter
and directed staff to make revisions to the plans. On February 7, 2017, the City Council
reviewed the revised plans for the Lions Park warming house/shelter and provided staff with
feedback on what should be included in the bid package. The bid package includes the
revised shelter plan including the garage with two bid alternates. The alternates include steel
roofing and an extended open air covered patio.
The proposed timeline for the project:

February 21 Council approval to bid
March 9 & 16 Advertise for bids
April 4 Bid opening at 2:00pm at City Hall
April 18 Award of contract
May 1 Construction begins
September 1 Substantial completion
Budget Impact:
The 2017 Park Asset Fund has $500,000 allocated for the design, removal and construction
of the Lions Park warming house/shelter. Design and geotechnical services for the initial and
redesign totaled $63,750. The engineers estimate for the revised plan is $482,524.00. Upon
bidding the project the City Council can determine if the bids would be accepted and/or if
additional funds are needed.
ATTACHMENTS:
Resolution No. 7835

Plan Cover Sheet
Plan Design Sheet
Site Plan
RESOLUTION NO. 7835
A Resolution of the City of Shakopee, MN Approving Plans and Specifications

And Ordering Advertisements for Bids for the
Reconstruction of the Lions Park Warming House/Shelter
Project No. PR2016-2
WHEREAS, The City of Shakopee has hired 292 Design Group to prepare plans and
specifications for the replacement of the Lions Park warming house/shelter building, and
WHEREAS, the current warming house is 35+ years old and in need of replacement, and
WHEREAS, the replacement of the warming house was planned for in the 2016 Park Asset
Fund and carried over to 2017, and
WHEREAS, 292 Design Group has prepared the plans and specifications for the demolition
and construction work and have presented such plans and specifications to the Council for approval.

1. Such plans and specifications for the replacement of Lions Park warming house/shelter
building are hereby approved.
2. 292 Design Group shall prepare and cause to be inserted in the official paper and online
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,
__________________________________________
ATTEST:
__________________________
City Clerk
WARMING HOUSE, RESTROOMS AND
STORAGE BUILDING AT LIONS PARK
3533 LAKE STREET MINNEAPOLIS, MINNESOTA 55406 612 767 3773

CITY OF SHAKOPEE OWNER ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER CIVIL ENGINEER
1099 ADAMS STREET SOUTH

CITY OF SHAKOPEE 292 DESIGN GROUP NELSON-RUDIE & ASSOCIATES NELSON-RUDIE & ASSOCIATES STEVENS ENGINEERS
PARKS AND RECREATION 3533 E LAKE STREET 9100 49TH AVENUE NORTH 9100 49TH AVENUE NORTH 2211O'NEIL ROAD
NSTRUCTION
1255 FULLER STREET MINNEAPOLIS, MN 55406 MINNEAPOLIS, MN 55428 MINNEAPOLIS, MN 55428 HUDSON, WI 54016
SHAKOPEE, MN 55379 PHONE: 612.767.3773 PHONE: 763.367.7600 PHONE: 763.367.7600 PHONE: 651.436.2075
PHONE: 952.233.9500 CONTACTS: ERIK K. OLSON CONTACTS: JOSEPH PEARCE, PE CONTACTS: MICHAEL WOEHRLE, PE CONTACTS: ANGELA POPENHAGEN, PE
SHAKOPEE, MN 55379
CONTACTS: JAMIE POLLEY, DIRECTOR TOM BETTI, AIA JEFFREY PIEHL, PE
SHEET# DRAWING TITLE

A. THE CONTRACTOR SHALL ACCEPT THE PROJECT AS IT EXISTS. ALL EXISTING
A000 TITLE SHEET CONDITIONS, WHETHER OR NOT SPECIFICALLY NOTED ON THE DRAWINGS, SHALL
BE VERIFIED BY THE CONTRACTOR PRIOR TO THE COMMENCEMENT OF WORK.
CIVIL THE CONTRACTOR SHALL NOT PROCEED WITH ANY ITEM(S) OF WORK WHICH IS
REASONABLY QUESTIONABLE WITHOUT CONSULTING THE ARCHITECT.
C100 REMOVAL PLAN
C101 SITE PLAN
B. ALL CONSTRUCTION SCHEDULING AND SEQUENCING SHALL BE COORDINATED
C102 UTILITY PLAN
C103 GRADING PLAN WITH THE OWNER PRIOR TO THE BEGINNING ANY WORK.
NOT FOR CO
C104 EROSION CONTROL PLAN
C105 DETAILS C. ERECT TEMPORARY PARTITIONS/BARRIERS AS REQUIRED TO PREVENT
CONTAMINATION OF ADJACENT AREAS THAT ARE, OR WILL BE, USED BY THE
ARCHITECTURAL OWNER FROM DUST, DEBRIS AND EXCESSIVE NOISE.
I hereby certify this plan, specification
A001 CODE PLAN or report was prepared by me or under
D. SEE MECHANICAL AND ELECTRICAL DRAWINGS FOR INFORMATION REGARDING my direct supervision and that I am a
A100 FLOOR PLAN
SYSTEM AND COMPONENT REQUIREMENTS (UNDER CONTRACT WITH OWNER). duly Licensed Architect under the laws
A101 REFLECTED CEILING AND ROOF PLANS
of the state of Minnesota.
A200 EXTERIOR ELEVATIONS
A300 BUILDING SECTIONS E. COORDINATE DEMOLITION ACTIVITIES WITH OWNER AND SUB-CONTRACTORS.
A400 ENLARGED PLANS & INTERIOR ELEVATIONS
A500 WALL SECTIONS & DETAILS Date: TBD Reg. No: 44897
A600 SCHEDULES, WALL, DOOR AND FRAME TYPES, DETAILS
STRUCTURAL
TBD
S000 GENERAL STRUCTURAL NOTES
S100 FOUNDATION PLAN AND ROOF FRAMING PLAN
S200 STRUCTURAL DETAILS
ORIG. ISSUE DATE: ISSUED FOR BID

PLUMBING, MECHANICAL & ELECTRICAL
PM01 MECHANICAL DETAILS & SCHEDULES

P100 PLUMBING PLAN
STRUCTION
M100 MECHANICAL PLAN
E000 ELECTRICAL SYMBOL AND INDEX SHEET
E001 ELECTRICAL SITE PLAN
E100 LIGHTING PLAN
REVISIONS:
E200 POWER AND SYSTEMS PLAN
MEP01 MECHANICAL, ELECTRICAL & PLUMBING SCHEDULES
STORAGE BUILDING AT LIONS PARK

WARMING HOUSE, RESTROOMS &
N
NOT FOR CO
SHAKOPEE, MN 55379
TITLE SHEET
16026.00
A000
1 NORTH ELEVATION (SHOWN WITH COVER PATIO ALTERNATE)
A000 1/4" = 1'-0"
1
A001
1/4" = 1'-0"
CODE PLAN
FD
FD
FD
FD
ORIG. ISSUE DATE: ISSUED FOR BID TBD

WARMING HOUSE, RESTROOMS &
STORAGE BUILDING AT LIONS PARK REVISIONS:
Date: TBD
NOT FOR CO
N
STRUCTION
of the state of Minnesota.
SHAKOPEE, MN 55379 NOT FOR CO

NSTRUCTION
Reg. No: 44897
my direct supervision and that I am a
CODE PLAN
I hereby certify this plan, specification
duly Licensed Architect under the laws

or report was prepared by me or under
A001
16026.00 3533 LAKE STREET MINNEAPOLIS, MINNESOTA 55406 612 767 3773
E.3.

February 21, 2017
FROM: Jamie Polley

Subject:
Fun For All Inclusive Playground Donation, Res. No. 7837
Offer Resolution No. 7837, A Resolution of the City of Shakopee, MN Accepting Multiple
Donations and a Grant of $1000 or More for the Shakopee Fun For All Playground.
Recommendation:
Recommend accepting the donations and the grant for the Fun For All Inclusive Playground
to fund the completion of the playground and donor wall.
Discussion:
On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions
Park and authorized the fundraising efforts of the Fun For All Task Force. Task Force
members have applied for grants as well as met with local business owners, corporations and
various organizations seeking donations.
Many generous donators have come forward in many ways and the park was mostly
completed in October of 2016. The remaining component is the donor wall that will list all of
the major donators. Per city requirements for donations, any monetary donation of $1000 or
more needs to be accepted by two-thirds vote of the City Council. The City has received the
Christopher & Dana Reeve Foundation 2nd Cycle 2016 Quality of Life grant in the amount
of $13,245.00. In addition, three significant donations of $1000 have been received from
individuals and businesses who are wonderful supporters of the community. The donators
include Loonan Insurance Consulting, Inc/American Family Insurance, WSB & Associates
and Bolton & Menk.
Budget Impact:
The total cost of the project was $369,837.38. To date the City contributed $150,000 and a
total of $226,056.29 was raised by fundraising and the Rotary Club donated $15,885.00. In-
kind donations totaled $31,232.42. The Park Asset Fund has a balance of $22,103.91 to
complete the donor wall at the entrance to the playground.
ATTACHMENTS:
Resolution No. 7837

RESOLUTION NO. 7837
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA

ACCEPTING A GRANT AND MULTIPLE DONATIONS OF $1,000 OR MORE
FOR THE SHAKOPEE FUN FOR ALL PLAYGROUND.
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 or gifts shall be

accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, the Christopher & Dana Reeve Foundation 2nd Cycle 2016
Quality of Life grant has been awarded to the city in the amount of $13,245.00,
and
WHEREAS, avid supporters of the City of Shakopee have generously

donated $1,000 or more to the Shakopee Fun For All Inclusive Playground and
are Loonan Insurance Consulting, Inc./American Family Insurance, WSB &
Associates and Bolton & Menk; and
WHEREAS, donations will assist in constructing a unique playground that

will provide a positive playing experience for all community members, young to
old and of all abilities.

THE CITY OF SHAKOPEE, MINNESOTA, that the grant and donations are
gratefully accepted; and
FURTHER, City staff is directed to send a letter to the donors,

acknowledging receipt of the gifts and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,

Minnesota held this 21st day of February, 2017.
______________________________
William Mars
ATTEST:
___________________________________
City Clerk
F.1.

February 21, 2017
FROM: Darin Nelson, Finance Director

Subject:
City Bill List
Move to approve the bills and electronic funds transfers in the amount $2,307,354.03, payroll
transfers in the amount of $548,072.55 for a total of $2,855,426.58.
Recommendation:
Attached is the most recent monthly Financial Report for the General Fund. These reports
reflect the expenditures as recorded for 2016 & 2017 activity. The following transactions are
notable for this reporting cycle:
Rainbow Treecare has submitted the final invoice for boulevard trees pruned in 2016,
$44,742.75.
Park Construction submitted Payment Voucher #8 for 4th Ave & Shenandoah Dr
Improvement Project. Pay period for work done is from October 1st to November 15,
2016, $131,182.07.
RJM Construction, LLC has submitted 2 Payment Vouchers. Voucher #12 is for work
done in January 2017 on the Community Center Renovation, $761,091.19. Voucher #13
is for a retainage reduction, $643,456.20. Total payment to RJM Construction LLC is
$1,404,547.39
Spohn Ranch, Inc has submitted the final payment for the Skatepark Project relocated at
the Community Center, $21,787.69,
Towmaster Truck Equipment has submitted an invoice for the accessories that have
been installed on the new 2017 Mack Cab Plow Truck, $114,258.00 Included in the
check list are various refunds, returns, and pass through.
Discussion:
Budget Impact:
ATTACHMENTS:
Bill List Transfer

Council Check Register
Council Check Summary
Monthly Financial Report 2016
Monthly Financial Report 2017
FundstransferredelectronicallyFebruary8,2017toFebruary21,2017
PAYROLL $ 314,211.02
FIT/FICA $ 95,807.62
STATEINCOMETAX $ 20,417.99
PERA $ 81,147.03
HEALTHCARESAVINGS $ 11,537.52
HEALTHSAVINGSACCT $6,177.45
NATIONWIDEDEFCOMP $ 13,005.07
ICMADEFERREDCOMP $ 925.24
MSRS $ 3,909.41
FSA $ 789.97
MNWAGELEVY $ 144.23
Total $ 548,072.55
2/17/2017 8:30:11 AM Page 1 of 1
2/17/2017 8:28:12 AM Page 1 of 1
F.2.

February 21, 2017
FROM: Lori J. Hensen, City Clerk

TO: Mayor and Council Members
Subject:
City Council Minutes from January 2, 2017
Approve the City Council minutes from January 3, 2017.
Recommendation:
Approve the minutes.
Discussion:
Budget Impact:
ATTACHMENTS:
January 3, 2017
January 3, 2017
7:00 PM
City Council Chambers 129 Holmes
Street South
Mayor Bill Mars presiding

1. Roll Call
Present: Mayor Bill Mars; Councilmember Matt Lehman; Councilmember Jay Whiting;
Councilmember Kathi Mocol; Councilmember Mike Luce.
Staff Present: City Administrator Bill Reynolds; Public Works Director/Engineer Bruce Loney; Finance
Director Darin Nelson; Parks and Recreation Director Jamie Polley; City Attorney Jim Thomson; City
Clerk Lori Hensen.
2. Pledge of Allegiance
Mr. Reynolds requested items # 4.A.1 and 4.D.3 be removed from the agenda and that item # 8.B.4
would be presented before item # 8.B.3.
Moved by Councilmember Kathi Mocol and Seconded by Councilmember Matt Lehman to approve the
agenda as modified. Vote 5-0
4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by
the Mayor there will be an opportunity for members of the Council to remove any items from the
consent agenda for individual discussion. Those items removed will be considered following the Public
hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will
be approved in one motion.)
Cncl. Luce removed Item #4.C.1 for further discussion.
Moved by Councilmember Mike Luce and seconded by Councilmember Matt Lehman to approve the
Consent Agenda as modified. Vote 5-0
1. Acceptance of Metropolitan Council Local Planning Assistance Program Grant, Res. No. 7823
(A,B)
Item removed from Agenda.
B. Public Works and Engineering

1. 2017 Street Tree Pruning Contract (A,C,D,E)
Motion to authorize hire of Northeast Tree, Inc. for the 2017 Street Tree Pruning Contract (Motion
carried under the Consent Agenda).
C. Parks and Recreation

1. Acceptance of a Donation of $1000 for the Shakopee Fun For All Playground, Res.
No. 7825 (A,B,D)
Cncl. Luce recognized the donation of $1,000 made by Janice and Donald Link for the
playground.
Moved by Councilmember Mike Luce and Seconded by Councilmember Matt Lehman to accept
a donation of $1,000.00 for the Shakopee Fun For All Playground. Vote 5-0
D. General Administration
1. City Bill List (F)
Motion to approve the bills and electronic funds transfers in the amount of $2,817,143.48 (Motion
carried under the Consent Agenda).
2. Designation of Official Newspaper (F)
Motion to Designate the Shakopee Valley News as the official newspaper for the City of Shakopee
for the year 2017 (Motion carried under the Consent Agenda).
3. Requesting Scott County to Reinstate Special Assessment #27000 for Parcel 27-908068-1, Res.
No. 7824 (F)
Item removed from Agenda.
4. Tobacco license for Top Star Market (F)
Motion to Approve the tobacco license to Adel Taweeleh and Sined Manasra dba Top Star Market
at 615 Marschall Road (Motion carried under the Consent Agenda).
5. Bicycle Advisory Committee Vacancy (F)
Motion to Approve the interview committee's recommendation for the Bicycle Advisory Committee
(Motion carried under the Consent Agenda).
6. Massage Business and Massage Therapist License (F)
Motion to Grant a massage therapy business and massage therapist license to Deb LaMay, 1880
Independence Drive (Motion carried under the Consent Agenda).
5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the

public to address the Council on items which are not on the agenda. Comments should not be more
than five minutes in length. The Mayor may adjust that time limit based upon the number of persons
seeking to comment. This comment period may not be used to make personal attacks, to air
personality grievances, to make political endorsements or for political campaign purposes. Council
Members will not enter into a dialogue with citizens, and questions from Council will be for clarification
only. This period will not be used to problem solve issues or to react to the comments made, but rather
for informational purposes only.
There were no citizens who wished to present.
6. Public Hearing
TNT Taxi changed hands and according to City Code a public hearing was required to approve the
change of ownership. After some discussion the Council agreed to approve the change.
Moved by Councilmember Jay Whiting and Seconded by Councilmember Kathi Mocol to Approve
the application for Taxicab Business License for Jeff Norton dba TNT Taxi. Vote 5-0
7. Business removed from consent will be discussed at this time
See Item # 4.C.1.
8. General Business
A. Parks and Recreation

1. Authorize Rule Waivers and Various In-Kind Contributions to Relay for Life (D)
Ms. Polley explained that the Relay for Life group was requesting a fee waiver for the Log Cabin
Youth Building, use of Lions Park, and extended hours for the park. A Special Use Permit would be
issued for all their other needs including the extended hours. After some discussion, it was decided that
it would not be equitable to waive the park fees for one group over another but the Council was
willing to grant them extended hours.
Moved by Councilmember Kathi Mocol and Seconded by Councilmember Matt Lehman to approve
the rule waivers for park hours for Relay for Life but not the park rental fees requested. Vote 5-0
B. General Administration
1. Monthly Financial Review (C)
Mr. Nelson gave a financial review for the month of December. He did not have the official year end
numbers yet because some funds and payments were still coming in. Cncl. Lehman asked Mr. Nelson
to bring the final numbers to a future meeting.
2. Roles and Responsibilities of Shakopee City Leadership (A-F)
Mr. Reynolds reviewed the roles and responsibilities of the mayor, councilmembers, and city
administrator as outlined in the League of Minnesota Cities Handbook and the Open Meeting Laws.
3. Adopt an Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code, Regulating Motion
Picture Theaters, Res. No. 955 (B,D)
This ordinance was put into place many years ago and is no longer relevant because all of the
provisions in the ordinances are covered by other ordinances.
Mr. Burkett mentioned that the same section concerning outdoor performance regulations could also
be looked at because the ordinances are duplicated in other areas.
Moved by Councilmember Kathi Mocol and Seconded by Councilmember Mike Luce to Adopt an
Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code, Regulating Motion Picture
Theaters. Vote 5-0
4. Ordinance and Policy Review Process (A-E)
Mr. Burkett explained that staff was reviewing the city ordinances and policies to consolidate and
align them. Many of the ordinances have not been reviewed in a long time and no longer reflect the
Councils vision or decisions. He informed the Council to expect at least one agenda item per month
concerning city ordinances and policies. He encouraged both the Council and public to investigate
policies and bring them to staff. Staff would then bring the item before the Council to vote on whether
staff should review that item and come back to the Council with proposed changes. Due to Open
Meeting Laws, Council members would need to bring requests to staff who would then bring it before
the Council as an agenda item or bring it up when discussing Other Business. It was acknowledged
that an item may have to come before the council many times before it is approved.
9. Liaison and Administration
Cncl. Luce had nothing to report.
Cncl. Lehman attended the Orderly Annexation review meeting with staff and participated in the
Interview Committee with Cncl. Whiting.
Mayor Mars attended the Orderly Annexation Review meeting. He welcomed the new Scott County
Commissioners to the board and congratulated Mike Beard on being appointed Chairman of the Scott
County Board. He reminded the Council and public of the Ice Arena Grand Opening on January 15.
Cncl. Whiting participated in the Interview Committee and attended the Diversity Alliance and SPUC
meetings.
Cncl. Mocol and Mr. Reynolds had nothing to report.
10. Other Business
11. Adjourn
Moved by Councilmember Jay Whiting and Seconded by Councilmember Matt Lehman to Adjourn
to January 17, 2017 at 7:00 pm. Vote 5-0.
Lori J. Hensen, City Clerk
Beth Lopez, Recording Secretary
Lori Henson
City Clerk
Beth Lopez
Recording Secretary
F.3.

February 21, 2017
FROM: Lori J. Hensen, City Clerk

Subject:
Fee schedule updates
Adopt Ordinance 957, an ordinance amending the adopted 2017 fee schedule and order its
publication.
Recommendation:
Adopt ordinance 957.
Discussion:
Each year in December, the council adopts a comprehensive city fee schedule for the
following year. Throughout the year additions or corrections need to be made to the fee
schedule to reflection changes in processes of city services.
The updates are as follows:
Administration and Economic Development Fees

I. Business and Trade E. DVD copy of Gov. Access Program $10 each. Jump Drive copy of
Gov. requested data $5 each
This needs to be updated to reflect current processes for data requests. The DVD recorder is
broken and is not able to be replaced. It is recommended to change this to a jump drive,
which will also be more cost effective.
Police Department Fees

I. Report Copies G. Hourly rate for contracted police services $75 80
As the hourly wage of officers increases, so does their overtime rate. After having
conversations with Darin Nelson, it was decided to raise the rate to ensure the city was not
losing money on contractual services.
Budget Impact:
ATTACHMENTS:
Ordinance 957
ORDINANCE NO. 9 5 7
AN ORDINANCE OF THE CITY OF SHAKOPEE,

MINNESOTA, AMENDING THE CITY'S ADOPTED 2017 FEE
SCHEDULE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
WHEREAS, by Ordinance No. 954, the City Council established a fee schedule effective
January 1, 2017; and
WHEREAS, the City Council has determined that it is desirable to modify the 2017 F ee
Schedule.
NOW, THEREFORE , BE IT ORDAINED by the City Council of the City of Shakopee

that the Adopted 2017 City Fee Schedule is amended as follows:
Administration and Economic Development Fees

I. Business and Trade E. DVD copy of Gov. Access Program $10 each.
Jump Drive copy of Gov. requested data $5 each
Police Department Fees

I. Report Copies G. Hourly rate for contracted police services $75 80
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this
2 1 s t day of February, 2017.
___________________________________
Attest:
___________________________
City Clerk
A.

February 21, 2017
FROM: Ryan Halverson, Assistant City Engineer

Subject:
Public Hearing for the 2017 Street Reconstruction Project, Project 2017-1, Res. No. 7834
Offer Resolution 7684, a resolution ordering an improvement and preparation of plans and
specifications for the 2017 Street Reconstruction Project, Project No. 2017-1, and move its
adoption.
Recommendation:
Offer Resolution 7684, a resolution ordering an improvement and preparation of plans and
specifications for the 2017 Street Reconstruction Project, Project No. 2017-1, and move its
adoption.
Discussion:
As per Resolution 7826, a resolution receiving a report and calling for a public hearing on the
2017 Street Reconstruction Project, Project 2017-1, a public hearing is scheduled for
February 21, 2017. This agenda item is to conduct the public hearing for the proposed
improvements associated with the 2017 Street Reconstruction Project and pass Resolution
7834, a resolution ordering an improvement and preparation of plans and specifications for
the 2017 Street Reconstruction Project. This is a Council initiated project that requires a
supermajority vote to move forward.
On November 15, 2016, City Council ordered the preparation of a preliminary engineering
report for the 2017 Street Reconstruction Project. The report was completed and accepted by
City Council on January 17, 2017. This proposed project includes reconstructing the
following streets:
Shakopee Avenue from CSAH 17 to 11th Avenue

Dakota Street from 1st Avenue to 4th Avenue
On February 9, 2017, staff conducted an informational meeting for the property owners being
affected by the proposed project. Approximately 15 residents attended the meeting. The
residents in attendance at the informational meeting had some general questions regarding the
design including sidewalks, street widths, trees and how far private services were being
repaired. A presentation of the project will be made at the Public Hearing.
Budget Impact:
The total estimated project cost for the 2016 Street Reconstruction Project is $2,582,000.00.
The project is proposed to be funded as follows:
30% of the restoration and street improvements for a residential street ($384,000.00) will be
assessed to the benefitting properties. The remaining costs associated with the restoration and
street improvements will be paid from the Capital Improvement Fund ($896,000.00).
Storm sewer improvements ($338,000.00) will be paid from the Storm Sewer Fund.
Watermain improvements ($554,000.00) will be funded by Shakopee Public Utilities. Sanitary
sewer improvements ($410,000.00) will be paid from the Sanitary Sewer Fund.
ATTACHMENTS:
Resolution 7834
RESOLUTION 7834
A Resolution
Ordering An Improvement And Preparation Of
Plans And Specifications For The
2017 Street Reconstruction
Project 2017-1
WHEREAS, Resolution 7826 adopted on January 17, 2017, fixed a date for Council
hearing on the proposed improvement of the 2017 Street Reconstruction Project and all appurtenant
work; and
WHEREAS, ten days published notice of the hearing through two weekly publications of
the required notice was given and the hearing was held on the 21st day of February, 2017, at which
all persons desiring to be heard were given an opportunity to be heard.

1. That the improvement is necessary, cost effective and feasible and is ordered as
hereinafter described:
2016 Street Reconstruction Project and all appurtenant work.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement. He shall prepare plans and specifications for the making of such improvements.
3. The work of this project is hereby designated as part of the 2017-1 Public Improvement
Program.
4. The City Council shall let the contract for all or part of the improvements as authorized
by Minnesota Statutes 429.041, no later than three years from the date of adoption of this resolution.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 2017.

ATTEST:
City Clerk
ENGR/2017-PROJECTS/2017-RECONSTRUCTION/WORD/RES7834-ORDERING-PROJECT
A.1.

February 21, 2017
FROM: Michael Kerski

TO: Mayor and Council
Subject:
Ordinance No. 956
Action on Ordinance No. 956 that amends Title XV of the City Code by adding definition for
Massage Establishments to 151.002 and allowing Massage Establishments in the B-1 and B-3
Zoning Districts under 151.013 Conditional Use Permit Standards for Business Zones.
Recommendation:
Staff recommends approval of Ordinance 956.
Discussion:
Currently massage parlors are regulated under Chapter 116, which recognizes and accepts
therapeutic massage along with the opportunity and potential for illicit massage to occur.
Chapter 116 requires a license for massage therapists.
Violation of the Chapter can be grounds for suspension or revocation of a license as

determined by the City Council.The Chapter does not deal with land use or appearance.
There are more than 50 Conditional Uses in the City, many of which also include significant
licensing requirements including schools and daycare facilities, funeral homes, gas stations,
health facilities, hospitals, pet facilities, printing facilities and many others.
Conditional Use standards have general and specific criteria that are subject to careful
evaluation to ensure that their location and design are consistent with the standards,
purposes, and procedures located in 151.013 and the Comprehensive Plan and do not have a
detrimental impact on neighboring properties. The Board of Adjustment and Appeals reviews
each Conditional Use and allows a Public Hearing for input and a presentation by the
Applicant.
Applicants under the proposed changes would have to meet the criteria included in Chapter
16 along with location in the proper Zoning District and additional design criteria.
Based on Council feedback, staff has eliminated the distance requirements and allowed the
user in B-1 and B-3 by Conditional Use.
Conditional Uses are another tool that the City uses to ensure that uses are kept to applicable
standards and that violations can result in revocation of the use.
Budget Impact:
None
ATTACHMENTS:
Ordinance 956
Chapter 116: Massage Parlors
ORDINANCE NO. 956
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XV OF THE CITY

CODE BY ADDING DEFINITION FOR MASSAGE ESTABLISHMENTS TO 151.002
AND ALLOWING MASSAGE ESTABLISHMENTS ONLY IN THE B-1 AND B-3 ZONING
DISTRICT UNDER 151.013, CONDITIONAL USE PERMIT STANDARDS
FOR BUSINESS ZONES.
____________________________________________________________________________
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 151.002 of the City Code is amended to add the following definition:
MASSAGE ESTABLISHMENT.
(1) An establishment where the principal use and service is providing therapeutic
massage as defined in Chapter 116 of this Code, including any enterprise, establishment, or
operation, whether under control of an individual or legal entity, providing or offering to provide
massage therapy services within the city for a fee or other consideration paid either directly or
indirectly, that:
(a) Has 1 or more massage therapists employed or contracted to provide

massage therapy services for the massage establishment; or
(b) Is in a fixed location within the city wherein massage therapy services are
provided.
(2) Any health or medical facility, office, or clinic operated by state licensed medical
professional(s) or any health or medical-related business operated by state licensed medical
professional(s) duly licensed under the provisions of M.S. 144.50 through 144.60, as they may
be amended from time to time, which provides therapeutic massage to its patients, shall not be
deemed to be a massage establishment.
Section 2. Section 151.040, Paragraph (C) of the City Code is amended to add the following
Subparagraph:
(30) Massage Establishments
Section 3. Section 151.013, Paragraph (B) of the City Code is amended to add the following
Subparagraph:
(52) Massage Establishments
(a) Are allowed only in the B-1 and B-3 zone;

(b) Operation and operators must meet all the requirements in City Code
Chapter 116 prior to application;
(c) Windows and doors facing the primary street address must be transparent
and allow visibility into the establishment, except for signage as permitted by the
City Sign Code;
(d) Can be revoked for any violation of City Code Chapter 116.
Section 4. Effective Date. This ordinance shall be in effect from and after the date of its
passage and publication
Adopted in _______________ session of the City Council of the City of Shakopee, Minnesota,
held this ________ day of ____________, 2017
______________________________
ATTEST:
_________________________________________
City Clerk
CHAPTER 116: MASSAGE PARLORS
Section
116.01 Purpose
116.02 Definitions
116.03 License required
116.04 License applications
116.05 Licensee eligibility
116.06 Restrictions and regulations
116.07 Revocation
116.99 Penalty
116.01 PURPOSE.
(A) The city recognizes and accepts therapeutic massage, as distinguished from other forms
of massage, as a scientific health care, maintenance technique, and procedure for the human
muscles, tendons, tissues, and the like. The city, however, equally recognizes the potential for
illicit massage operations or establishments in the wake of legitimate professional therapeutic
massage establishments.
(B) Accordingly, in order to prevent or protect against the existence of illicit massage
establishments or operations in the city and to protect the publics health, safety, and welfare,
including the protection of the citys legitimate massage therapists profession and reputation,
the city deems it necessary to regulate therapeutic massage establishments and massage
therapists through the licensing process.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012)
116.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACCREDITED INSTITUTION. An educational institution holding accredited status from the
North Central Association of Colleges and Schools (NCA) or another regional accrediting
agency approved by the U.S. Department of Education presently or at the time the applicant
obtained his or her diploma or certificate of graduation.
ACCREDITED PROGRAM. A professional massage program that is presently, or at the time
the applicant obtained his or her diploma or certificate of graduation, accredited by the
Commission on Massage Therapy Accreditation (COMTA), or a comparable national or
regional organization which is approved by the U.S. Department of Education for its accrediting
program for compliance with quality and competency standards through a process of periodic
review and self-study.
MASSAGE THERAPIST. A person who practices or provides therapeutic massage to another
for a fee or other consideration paid either directly or indirectly. A person licensed as a medical
doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or
trainer, or beautician (cosmetologist) or barber who confines his or her treatment to the scalp,
face, and neck or the lower leg and feet in the case of a pedicure shall not be deemed to be
a MASSAGE THERAPIST.
MASSAGE THERAPY or THERAPEUTIC MASSAGE. Scientific health care or health
maintenance techniques or procedures carried out by a massage therapist involving the rubbing,
tapping, pounding, or kneading of a persons skin, muscles, and tissues or the stretching of body
limbs (e.g., Thai massage) for the purpose of easing mental and physical tension, the breaking up
of fatty tissues, relaxing muscles or alleviating muscle spasms, and the improvement of
circulation through the body.
MASSAGE THERAPY BUSINESS.
(1) Any enterprise, establishment, or operation, whether under control of an individual or
legal entity, providing or offering to provide massage therapy services within the city for a fee or
other consideration paid either directly or indirectly, that:
(a) Has 1 or more massage therapists employed or contracted to provide massage therapy
services for the massage therapy business; or
(b) Is located in a fixed location in a nonresidential zoning district within the city wherein
massage therapy services are provided.
(2) Any health or medical facility, office, or clinic operated by state licensed medical
professional(s) or any health or medical-related business operated by state licensed medical
professional(s) duly licensed under the provisions of M.S. 144.50 through 144.60, as they
may be amended from time to time, which provides therapeutic massage to its patients, shall not
be deemed to be a massage therapy business.
STUDENT OF MASSAGE THERAPY. A person who is enrolled in and attends classes at
an accredited institution or accredited program as defined by this chapter. This includes students
attending a post-graduate continuing education class, provided the class has been approved by
the National Certification Board for Therapeutic Massage and Bodywork or other nationally
recognized organization.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012)
116.03 LICENSE REQUIRED.
(A) Massage therapist licence required. It shall be unlawful for any person to practice
massage therapy or provide or offer to provide massage therapy within the city without a
massage therapist license issued by the city. This includes persons providing massage therapy at
massage therapy businesses that have massage therapy business licenses.
(B) Massage therapy business license required. It shall be unlawful for any person or entity to
operate a massage therapy business within the city without a massage therapy business license
issued by the city.
(C) Exceptions. This chapter shall not apply to and no massage therapist or massage therapy
business license shall be required for:
(1) A health care office, clinic, or facility:
(a) Owned by a municipal corporation organized under the laws of the state;
(b) Owned by the state or any of its agencies; or
(c) Licensed by the state.
(2) Any business or entity owned and operated by state licensed medical professional(s)
through whom massage therapy or therapeutic massage is provided to its patients as a secondary
health care treatment provided by the business or entity.
(3) Accredited institutions which provide an accredited program of study or course work in
massage therapy or therapeutic massage; provided, that:
(a) The massage therapy or therapeutic massage is provided during and as part of a course
or clinical component of the institutions program or course work; and
(b) Students are supervised by an instructor while performing massage therapy or
therapeutic massage.
(4) A massage therapist who is working for or an employee of a medical professional
licensed under M.S. Chs. 147 or 148, as they may be amended from time to time, or is an
employee of a health care office, clinic, or facility that is:
(a) Owned by a municipal corporation organized under the laws of the state;
(b) Owned by the state or any of its agencies; or
(c) Licensed by the state.
(5) Students of massage therapy; provided, that:
(a) The massage is provided during and as part of an accredited program of study or
course work in massage therapy; and
(b) The student is supervised by an instructor while providing or performing massage
therapy services. A notice, which advises the public that the person who may provide massage
therapy services is a student of massage therapy and is not licensed by the city, shall be posted in
a conspicuous location in the room in which the massage therapy is provided.
(D) Massage therapy business license period and renewal. A massage therapy business
license issued under this chapter shall be an annual license, expiring on November 1 of each
year. A massage therapy business license may be annually renewed, provided the licensee
completes and files a license renewal application with the city no later than October 15 of the
year in which the license is to be renewed. The licensee must provide the city with any changes
in ownership interest throughout the duration of the license period. If ownership interests have
changed, an additional investigation may be necessary and an additional investigation fee may be
required to be paid.
(E) Massage therapist license. All massage therapists practicing in the city must be licensed
and must apply to the city for a massage therapist license. A massage therapist license does not
expire and is not required to be renewed.
(F) License and investigation fees. The license and investigation fees for licenses required by
this chapter shall be determined by the City Council in the citys fee schedule. If a license
application is received in the middle of a license term, the license fee shall be pro-rated for the
remaining term of the license. All required license fees shall be paid on a pro-rated quarterly
basis.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012) Penalty, see 116.99
116.04 LICENSE APPLICATIONS.
(A) Massage therapy business license.
(1) An application for a massage therapy business license shall be filed, along with all
required fees and information, including a background investigation fee with the City Clerk. The
amount of the background investigation fee shall be equivalent to the citys cost of the
background investigation of the massage therapy business and all persons or entities that have a
5% financial interest in the business. The Police Department shall conduct a background
investigation on the applicant. An inspection of the business premises by the Building Inspector
is also required. After the background investigation and building inspection are complete, all
applications shall be considered by the City Clerk and granted or denied by the City Council.
(2) The application for a license under this chapter shall be made on a form supplied by the
city and shall contain the following information:
(a) For all applicants:
1. Whether the applicant is an individual, corporation, partnership, or other form of
organization;
2. Specify the full name, address, date, and place of birth, and telephone number of the
natural person designated by the applicant as the massage therapy businesss on-site manager or
agent along with the notarized written consent of the person to:
a. Take full responsibility for the conduct of the licensed premises and operation; and
b. Serve as the businesss agent for purposes of services of notices and other processes
related to the license by the city.
3. Evidence that the massage therapy businesss on-site manager or agent has legal work
status in the United States;
4. A list of the massage therapy businesss employees along with proof that all of the
employees who are massage therapists are licensed by the city;
5. The legal description and address of the premises to be licensed together with a plan
of the area showing dimensions, location of buildings, street access, and parking facilities;
6. If the applicant does not own the premises, a copy of the lease agreement allowing the
applicant to occupy the premises;
7. The floor number, street number, and rooms where the massage services are to be
conducted;
8. Whether all taxes and special assessments that are due and payable for the premises to
be licensed have been paid, and if not, the years and amounts that are unpaid;
9. If the application is for premises either planned or under construction or undergoing
substantial alteration, the application must be accompanied by preliminary plans showing the
design of the proposed premises; if the plans for design are on file with the Building Inspector,
no plans need be submitted;
10. The name and street address of the business if it is to be conducted under a
designation or name other than the name of the applicant, and a certified copy of the certificate
required by M.S. 333.01 and 333.02, as they may be amended from time to time;
11. Proof of general liability insurance coverage in effect as required by this chapter;
12. With respect to the owner, operator, or any person who has a 5% financial interest in
the business and the appointed on-site manager or agent of the applicant, proof of workers
compensation insurance as required by state law;
13. If the owner, operator, or any person who has a 5% financial interest in the business
and the appointed on-site manager or agent of the applicant has ever had a massage therapist or
massage therapy business-related license in the city or another jurisdiction that was suspended or
revoked within the past 10 years;
14. a. Proof of identification consisting of 1 of the following:
i. A valid drivers license or identification card issued by a state of the United States
or a province of Canada that includes the photograph and date of birth of the applicant;
ii. A valid military identification card issued by the U.S. Department of Defense; or
iii. A valid passport issued by the United States or another country if the applicant is
a foreign national.
b. For purposes of satisfying this requirement, the applicant is deemed to be the on-
site manager or agent for the massage therapy business that is signing the application on behalf
of the business.
15. Other information that the city may require.
(b) For applicants who are individuals:
1. The full name, address, date, and place of birth, and telephone number of the
applicant;
2. If the applicant has ever used or been known by a name other than the applicants
name, and if so, the name or means and information concerning the dates and places where used;
3. Residence addresses of the applicant during 5 years preceding the date of application;
4. The type, name, and location of every business or occupation the applicant has been
engaged in during the preceding 5 years;
5. Names and addresses of the applicants employers for the preceding 5 years;
6. If the applicant has ever been convicted of a crime other than a minor traffic offense;
if so, the applicant must furnish information as to the time, place, and offense involved in the
conviction; and
7. If the applicant has ever been engaged in the operation of massage services; if so, the
applicant must furnish information as to the name, place, and length of time of involvement in
such activity.
(c) 1. For applicants that are partnerships:
a. The names and addresses of all general and limited partners and the information
concerning each general partner described above in division (A)(2)(b) above;
b. The managing partners must be designated, and the interest of each general and
limited partner in the business must be disclosed; and
c. A true copy of the partnership agreement must be submitted with the application,
and if the partnership is required to file a certificate as to a trade name under M.S. 333.02, as it
may be amended from time to time, a certified copy of that certificate must be submitted.
2. The license if issued will be in the name of the partnership.
(d) 1. For applicants that are corporations:
a. The name of the corporation or business, and if incorporated, the state of
incorporation;
b. A true copy of the certificate of incorporation, and, if a foreign corporation, a
certificate of authority as described in M.S. 303.06, as it may be amended from time to time;
c. The names of any general managers, corporate officers, proprietors, and other
persons in charge of the premises to be licensed, and the information about those persons
described in division (A)(2)(b) above; and
d. A list of the persons who own or have a 5% or greater interest in the corporation or
who are officers of the corporation or organization, together with their addresses and the
information regarding such persons described in division (A)(2)(b) above.
2. The license if issued will be in the name of the corporation.
(B) Massage therapist license applications.
(1) An application for a massage therapist license shall be filed, along with all required fees,
with the City Clerk. The Police Department shall conduct a background investigation on the
applicant. After the background investigation is complete, all applications shall be considered by
the City Clerk and granted or denied by the City Council.
(2) The application for a license under this chapter shall be made on a form supplied by the
city and shall contain the following information:
(a) The applicants full name, address, date and place of birth, and telephone number;
(b) The name, address, and telephone number of the applicants current employer;
(c) The applicants employers for the previous 10 years, including the employers name,
address, and dates of employment;
(d) The applicants residence address for the previous 10 years;
(e) The applicants weight, height, color of eyes, and color of hair;
(f) If the applicant has ever been convicted of a crime other than a minor traffic offense
and, if so, the time, place, and offense involved in the conviction;
(g) If the applicant has ever had a massage therapist or massage therapy business-related
license in the city or another jurisdiction that was suspended or revoked within the past 10 years;
(h) If the applicant has ever used or been known by a name other than the applicants
name, and if so, the name or names used and information concerning dates and places where
used;
(i) Evidence that the applicant has legal work status in the United States;
(j) Evidence that the applicant has or will have general liability insurance coverage
meeting the requirements of this chapter in effect at the time of issuance of the license;
(k) Evidence that the applicant has 1 of the following:
1. Has a diploma or certificate of graduation from an accredited institution for a
comprehensive massage therapy program that includes subjects of anatomy, physiology,
hygiene, ethics, massage theory and research, and massage practice;
2. Has completed at least 500 credit hours of certified therapeutic massage
training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage
theory and research, and massage practice from an accredited institution or program; or
3. Has passed either:
a. The National Certification Exam offered by the National Certification Board for
Therapeutic Massage and Bodywork; or
b. The Massage and Bodywork Licensing Examination offered through the
Federation of State Massage Therapy Boards and has a minimum of 7 years of full-time work
experience as a massage therapist in the United States.
(l) Proof of identification consisting of 1 of the following:
1. A valid drivers license or identification card issued by a state of the United States or
a province of Canada that includes the photograph and date of birth of the applicant;
2. A valid military identification card issued by the U.S. Department of Defense; or
3. A valid passport issued by the United States or another country if the applicant is a
foreign national.
(m) Other information that the city requires.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012)
116.05 LICENSEE ELIGIBILITY.
(A) The City Council may deny issuance of a massage therapy business license in any of the
following circumstances:
(1) The proposed premises in which the massage therapy business proposes to operate is
located in a residential zoning district or is located in a commercial or industrial zoning district in
which medical or health care facilities or uses are not permitted or conditional uses;
(2) The owner, operator, any person who has a 5% financial interest in the business or the
appointed on-site manager or agent has a conviction for, or was charged with, but convicted of a
lesser charge of, a crime involving a violation of any massage therapy-related regulation in any
other jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure,
surreptitious intrusion, disorderly house as defined by state statutes, theft, felony drug offense,
any crime of violence as defined by state statutes, or any other similar crime or offense which
conviction date is within 10 years of the date of application;
(3) The owner, operator, any person who has a 5% financial interest in the proposed
licensed massage therapy business or the on-site manager or agent had a massage therapist or
massage therapy business-related license in another jurisdiction that was either suspended or
revoked within 10 years preceding the date of application;
(4) The information provided in the application does not meet the requirements of this
chapter;
(5) The applicant provided false or misrepresented information in the application;
(6) The business is proposed to be operated on premises on which property taxes,
assessments, or other financial claims by the state, county, or city are due, delinquent, or unpaid,
provided the applicant or other entity in which the applicant has an interest has the legal duty to
pay said taxes, assessments, or claims due and owing;
(7) The applicant does not have insurance coverage in effect as required by this chapter; or
(8) The applicant has been denied a license under this chapter within the preceding 12
months.
(B) The City Council may deny issuance of a massage therapist license in any of the
following circumstances:
(1) The applicant has a conviction for or was charged with, but convicted of a lesser charge,
a crime involving a violation of any massage therapy-related regulation in any other jurisdiction,
any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious
intrusion, disorderly house as defined by state statutes, theft, felony drug offense, any crime of
violence as defined by state statutes, or any other similar crime or offense within 10 years of the
date of application;
(2) The applicant had a massage therapist or massage therapy business-related license in
another jurisdiction that was suspended or revoked within 10 years preceding the date of
application;
(3) The applicant is not 18 years of age or older;
(4) The information provided in the application does not meet the requirements of this
chapter;
(5) The applicant provided false or misrepresented information on the application;
(6) The applicant does not have insurance coverage in effect as required by this chapter; or
(7) The applicant has been denied a license under this chapter within the preceding 12
months.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012)
116.06 RESTRICTIONS AND REGULATIONS.
All massage therapy business licensees and massage therapist licensees must comply with the
following restrictions and regulations.
(A) A massage therapy business must not provide massage therapy services at any location
other than the premises identified on the license, except a licensed massage therapist employed
or contracted by the massage therapy business licensee may provide massage therapy services in
the following circumstances:
(1) To a client at the clients residence or place of care if in a long- or short-term care
facility, such as a hospital, nursing home, or convalescence facility;
(2) In connection with a special event or function whereby the massage therapist provides
massage services to attendees of the event or function; or
(3) At the location of any business in the city that contracts with a licensed massage therapy
business to perform massage therapist services at the site of the contracting business.
(B) The act of any employee of a massage therapy business licensee is deemed to be the act of
the licensee. The licensee shall be responsible for all acts and conduct attributable to and in
connection with massage therapy services provided by the licensee or occurring on the premises
of the business.
(C) The person who is receiving a massage shall at all times have his or her anus, intergluteal
cleft (buttocks crease), and genitals covered with clothing or properly draped with non-
transparent material. The person who is receiving massage therapy of the breast or buttocks
(gluteus) shall have the breast or buttock (gluteus muscle) that is not then immediately receiving
massage therapy properly covered and draped with non-transparent material.
(D) The massage therapist and all others working on the premises shall at all times be fully
clothed and shall not expose his or her breasts, buttocks, anus, or genitals.
(E) At no time shall the massage therapist touch or offer to touch or massage the penis,
scrotum, mons veneris, vulva, or vaginal area of any customer or person inquiring of massage
therapy services.
(F) No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by state
statutes or this code of ordinances, shall be used, ingested or present during any massage therapy
session.
(G) No doors of massage rooms, when occupied by 1 or more persons, shall be locked. All
locks, if any, shall be keyed only from the exterior of the massage rooms.
(H) Only massage therapists who are licensed by the city shall practice or provide massage
therapy services for or within a licensed massage therapy business.
(I) The licensee shall comply with any and all provisions of this chapter, all provisions of this
code of ordinances, federal, and state laws and regulations.
(J) No massage therapy services shall be provided and the massage therapy business shall not
be open between the hours of 10:00 p.m. and 6:00 a.m. of any day.
(K) The licensed premises of a massage therapy business shall, during all operating hours, be
open to inspection by any city building, zoning, code, or police officer to determine whether this
chapter and all other laws are being observed. All persons, as a condition to being issued the
license, consent to these inspections. It is unlawful for any licensee, agent, or employee of a
licensee to hinder or prevent the city inspecting officer from making an inspection.
(L) If a licensed massage therapy businesss on-site manager or agent ceases to be located at
the licensed premises or ceases to act in such capacity for the licensee without appointment of a
successor, the license issued pursuant to such appointment shall be subject to revocation or
suspension.
(M) A massage therapist shall have the license issued by the city in his or her possession
while providing massage services within the city. A massage therapy business shall
conspicuously post the license issued by the city on its premises in a conspicuous location that is
accessible to the public.
(N) No license issued under this chapter may be transferred. Massage therapy business
licenses shall terminate upon any change in officers or ownership interests of the licensee, unless
the change is approved by the City Council in which case the license shall only continue in force
until the end of the license term.
(O) The licensee shall have in effect during the license period general liability insurance
providing minimum coverage of $300,000 combined single limit per occurrence. Employees of
licensed massage therapy businesses are not required to carry individual general liability
insurance; provided, that proof of required insurance coverage has been provided by the business
to the city.
(P) The licensee shall comply with all laws of health and sanitation.
(Q) No massage therapy business shall be used or operated as or in conjunction with an adult
establishment as defined in 130.68.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012; Ord. 895, passed 10-7-2014) Penalty, see
116.99
116.07 REVOCATION.
Violation of any provision of this chapter, or any building, safety, or health regulation shall be
grounds for suspension or revocation of a license, as determined by the City Council. Before
revocation or suspension of any license, the city shall give notice to the licensee and grant the
licensee the opportunity to be heard.
(2013 Code, 6.45) (Ord. 860, passed 9-13-2012) Penalty, see 116.99
116.99 PENALTY.
Every person violates a section, subdivision, paragraph, or provision of this chapter when the
person performs an act thereby prohibited or declared unlawful, or fails to act when such failure
is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as
follows.
(A) Misdemeanor. Where the specific section, subdivision, paragraph, or provision
specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor.
(B) Petty misdemeanor. As to any violations not constituting a misdemeanor under the
provisions of division (A) above, the person shall be punished as for a petty misdemeanor.
(2013 Code, 6.99) (Ord. 1, passed 4-1-1978; Ord. 337, passed 7-23-1992; Ord. 352, passed 1-
7-1993)
A.2.

February 21, 2017
FROM: Samantha DiMaggio, Economic Development Coordinator

Subject:
Grant Agreement and Conflict of Interest Disclosure for Anchor Glass Container Corporation
Authorize execution of Minnesota Investment Fund Grant Contract and Conflict of Interest
Disclosure Form required by the State of Minnesota for award to Anchor Glass Container
Corporation.
Recommendation:
Staff recommends authorization of the proposed grant contract and conflict of interest
disclosure form.
Discussion:
The Shakopee City Council held a public hearing on September 6, 2016 and authorized
Resolution No. 7767 - A Resolution regarding the authorization and approval for a Minnesota
Investment Fund application, grant agreement and forgivable loan in connection with Anchor
Glass Container Corporation. This resolution stated "the business subsidy of approximately
$1,000,000 to be granted to Anchor Glass Container Corporation". After final negotiation
between the City, Anchor Glass Container Corporation and the State of Minnesota
Department of Employment and Economic Development (DEED) staff, the final award
amount has decreased to $400,000. In return, Anchor Glass Container Corporation will retain
approximately 280 full time positions.
The City of Shakopee has $130,000 in Minnesota Investment Funds which were set aside to
be used as a revolving loan fund. DEED has requested that the City of Shakopee utilize
$65,000 of these fund to assist Anchor Glass, in return, they will award $400,000 in
additional funds.
Budget Impact:
There is no additional budgetary impact as these are State of Minnesota funds.
ATTACHMENTS:
Res. No. 7767

MIF Grant Contract Anchor Glass
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION NO. 7767
RESOLUTION REGUARDING THE AUTHORIZATION AND APPROVAL FOR A MINNESOTA

INVESTMENT FUND APPLICATION, GRANT AGREEMENT AND FORGIVEABLE
LOAN IN CONNECTION WITH ANCHOR GLASS CONTAINER CORPORATION
WHEREAS, the City of Shakopee, Minnesota, desires to assist Anchor Glass Container Corporation, a
corporation chartered in the State of Delaware to rehab and modernize its current location manufacturing
facility located at 4108 Valley Industrial Blvd. North, Shakopee, Minnesota (the " project"), and
WHEREAS, the City of Shakopee (the " City') will act as the legal sponsor for the Minnesota Investment Fund
Application to be submitted on or after September 6, 2016; and
WHEREAS, the Mayor and the City Clerk of the City of Shakopee, Minnesota, are hereby authorized to apply
to the Department of Employment and Economic Development for funding of this project on behalf of the City
of Shakopee; and
WHEREAS, the City has the legal authority to apply for financial assistance, and has the institutional,
managerial, and financial capability to ensure adequate construction, operation, maintenance, and replacement
of the proposed project for its design life; and
WHEREAS, the City has not incurred any costs, nor has it entered into any written agreements to purchase
property on behalf of the project; and
WHEREAS, the City has not violated any Federal, State, or local laws pertaining to fraud, bribery,
kickbacks, collusion, conflict of interest or other unlawful or corrupt practice relating to this project;
and
WHEREAS, the City has called for a Public Hearing to consider application for a Minnesota
Investment Fund application, and grant agreement, and forgivable loan, all in connection with Anchor
Glass Container Corporation; and
WHEREAS, upon approval of its application by the State of Minnesota, the City may enter into a grant
agreement with the State Department of Employment and Economic Development for the above -referenced
project; and
WHEREAS, the City certifies that it will comply with all applicable laws, statutes, regulations, and rules as
stated in the Grant Contract and described in the Project Compliance Certification of the Application; and
WHEREAS, the City and Kennedy and Graven, Chartered, the City' s legal counsel, has obtained credit
reports and credit information regarding Anchor Glass Container Corporation, and upon review, has found
no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and
filings with state, federal and other regulatory agencies, the failure of Anchor Glass Container
Corporation, to disclose any adverse information could result in revocation or other legal action; and
WHEREAS, the City Council of the City of Shakopee held a duly noticed public hearing on September 6, 2016,
related to the submission of a grant application to the Department of Employment and Economic Development
and the business subsidy of approximately $ 1, 000,000 to be granted to Anchor Glass Container Corporation, if
the City receives the grant, and that all interested parties were given the opportunity to be heard.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, as a result of this action, the Mayor, and the City
Clerk of the City of Shakopee, Minnesota, are hereby authorized to execute such agreements and amendments
thereto, as are necessary to implement the project on behalf of the applicant.
Sworn and Executed Under My Hand this 6 Day of September,
20164 -
William Mars, Mayor
JATTE
Lori He e ty Clerk
STATE OF MINNESOTA
GRANT CONTRACT
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

ECONOMIC DEVELOPMENT DIVISION
Minnesota Investment Fund Grant Contract

CDAP-16-0018-H-FY17
$400,000
City of Shakopee
Anchor Glass Container Corporation
This Grant Contract is between the State of Minnesota, acting through the Department of Employment and
Economic Development, Economic Development Division, 332 Minnesota St., Suite E200, St. Paul, MN
55101 (STATE) and City of Shakopee, 129 Holmes Street S., Shakopee, MN 55379 (GRANTEE).
Recitals
1. Under Minn. Stat. 116J.993 and 116J.994 which established the guidelines for providing business
subsidies, and 116J.8731, which established the Minnesota Investment Fund, the State is
empowered to enter into this Grant Contract.
2. The State is in need of local government to administer financial assistance to eligible projects in
accordance with Minn. Stat. 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter
4300; and policies and procedures developed by the State.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this
Grant Contract to the satisfaction of the State.
4. The Grantee and State are entering into this Grant Contract for public purposes that include the
creation or retention of jobs that pay quality wages, the enhancement of economic growth in the
State of Minnesota and the expansion of the tax base of the local community where the business
will locate or expand.
Defined Terms
Defined terms. As used in this Grant Contract, the following terms shall have the meanings set
out respectively after such term ( the meanings to be equally applicable to both the singular and
plural forms of the terms defined), unless the context specifically indicates otherwise:
Application means the Grantees application to the State for a Minnesota Investment Fund
award for the purpose of providing a loan to Anchor Glass Container Corporation (BORROWER).
Benefit Date means the date equipment financed through a Minnesota Investment Fund loan is
fully operational or the date a building certificate of occupancy is issued for real property
financed through a Minnesota Investment Fund loan.
Compliance Date is the date two years from the Benefit Date at which job creation/retention
and wage goals by the Borrower must be completed or maintained.
Rev. May 2016
1
Full-Time Equivalent (FTE) is one or more people working a sum of 2,080 hours in a calendar
year.
Loan Agreement is a document between the Grantee and Borrower defining the terms and
conditions of the Loan.
1. Term of Agreement
1.1 Effective Date: November 16, 2016
Per Minn. Stat. 16B.98 subd. 5 and Minn. Stat. 16B.98 subd. 7, no payments will be made
to the Grantee until this Grant Contract is fully executed.
1.2 Benefit Date: May 30, 2017
1.3 Compliance Date: May 30, 2019
1.4 Expiration Date: August 30, 2019
1.5 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant
Contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and
Endorsement; 13. Governing Law, Jurisdiction and Venue; 15. Data Disclosure; and Exhibit A
4. Repayments.
2. Grantees Duties
The Grantee, who is not a State employee, will:
2.1 Perform the duties specified in Exhibit A which is attached and incorporated into this Grant
Contract.
2.2 Include in any contract and sub-grant, including the Loan Agreement with the Borrower, in
addition to provisions that define a sound and complete agreement, such provisions that
require contractors, sub-grantees and the Borrower to comply with applicable state and
federal laws.
2.3 Ensure that all contractors and subcontractors performing work covered by this Grant are paid
for their work that is satisfactorily completed.
2.4 Grantee shall make all reasonable efforts to collect and shall bear all costs associated with
monitoring, servicing, reporting, and enforcing the terms of the Loan Agreement.
3. Time
The Grantee must comply with all of the time requirements described in this Grant Contract. In
the performance of this Grant, time is of the essence.
4. Consideration of payment
4.1 Consideration. The State will pay the Grantee under this Grant Contract as follows:
a) Compensation. The Grantee will be reimbursed according to the approved Budget
contained in Exhibit B, which is attached and incorporated into this Grant Contract.
b) Total Obligation. The total obligation of the State for all compensation and
reimbursement to the Grantee under this Grant Contract will not exceed $400,000.
4.2 Payment Request. The State will disburse funds to the Grantee pursuant to this Grant Contract,
based upon payment requests submitted by the Grantee and reviewed and approved by the
State. Payment requests must be accompanied by supporting invoices that relate to the
Rev. May 2016
2
activities in the approved budget and the documentation detailed in Section 4.3 of this Grant
Contract. The State will provide payment request forms.
If the Grantee has received invoices from the Borrower for expenditures made after Effective
Date of this Grant Contract but before the Grant is closed or until all funds are disbursed,
whichever is earlier, the Grantee shall submit those invoices to the State for review and
approval no later than 25 days after the end date of the state fiscal year of June 30th. To ensure
that all funds are drawn down by the expiration date of the Grant Contract, all Grantee
payment requests must be received by the State at least 30 days prior to the Expiration Date.
4.3 Documentation. The following information must be submitted and approved by the State
before funds will be released:
a) Loan Documents. Minnesota Investment Fund Loan Agreement, promissory note,
amortization schedule, corporate guaranty of parent company, security agreement,
and evidence of security UCC filings.
b) Lender Documents. Documentation that participating lenders and or equity injections
have closed on their financing:
1) Promissory note for $65,000 from the city of Shakopee
2) Evidence of equity injection in the amount of $15,800,000
c) Invoices. Invoices or other documentation as approved by DEED Loan Officer for
$800,000 in equipment costs and evidence of expenditure of $15,000,000 in leverage
costs. Funds will be released on a cost-sharing ratio of 3% Grant funds to 97% other
funds. At least 75% of project costs must be expended or committed prior to request
for reimbursement of MIF funds unless other mitigating factors are present.
d) Eligible Costs. Eligible costs include the costs identified in Exhibit B of this Grant
Contract that are incurred during the contract period.
5. Conditions of Payment.
All services provided by the Grantee under this Grant Contract must be performed to the
States satisfaction, as determined at the sole discretion of the States Authorized
Representative and in accordance with all applicable federal, state and local laws, ordinances,
rules, and regulations. The Grantee will not receive payment for work found by the State to
be unsatisfactory or performed in violation of federal, state or local law.
The State will not authorize disbursement of funds if there has been any adverse change in the
Borrowers financial condition, organization, operations, or their ability to repay the project
financing.
6. Authorized Representative.
The States Authorized Representative is Lisa Dargis, Loan Officer, 1st National Bank Building, 332
Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259-7446, lisa.dargis@state.mn.us, or
his/her successor, and has the responsibility to monitor the Grantees performance and the
authority to accept the services provided under this Grant Contract. If the services are
satisfactory, the States Authorized Representative will certify acceptance on each payment
request form submitted for payment.
The Grantees Authorized Representative is Samantha DiMaggio, Economic Development

Coordinator, 129 Holmes Street S., Shakopee, MN 55379, 952-233-9317,
sdimaggio@shakopeemn.gov, or his/her successor. If the Grantees Authorized Representative
changes at any time during this Grant Contract, the Grantee must immediately notify the State.
Rev. May 2016

3
7. Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this
Grant Contract without the prior written consent of the State, approved by the same parties who
executed and approved this Grant Contract, or their successors in office.
7.2 Amendments. Any amendment to this Grant Contract must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved
the original Grant Contract, or their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this Grant Contract, that failure does not
waive the provision or the States right to enforce it.
7.4 Grant Contract Complete. This Grant Contract contains all negotiations and agreements
between the State and the Grantee. No other understanding regarding this Grant Contract,
whether written or oral, may be used to bind either party. Where provisions of the Application are
inconsistent with the other provisions of this Grant Contract, the other provisions of this Grant
Contract will take precedence over the provisions of the Application.
8. Liability
Subject to the provisions and limitations of Minn. Stat. 466, the Grantee must indemnify, save,
and hold the State, its agents, and employees harmless from any claims or causes of action,
including attorneys fees incurred by the State, arising from the performance of this Grant
Contract by the Grantee or the Grantees agents or employees. This Clause will not be construed
to bar any legal remedies the Grantee may have for the States failure to fulfill its obligations
under this Grant Contract.
9. State Audit
Under Minn. Stat. 16B.98, Subd.8, the Grantees books, records, documents, and accounting
procedures and practices of the Grantee or other party relevant to this Grant Contract or
transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,
as appropriate, for a minimum of seven (7) years from the end of this Grant Contract, receipt and
approval of all final reports, or the required period of time to satisfy all state and program retention
requirements, whichever is later.
10. Government Data Practices
10.1 Government Data Practices. The Grantee and State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State
under this Grant Contract, as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn.
Stat. 13.08 apply to the release of data referred to in this Clause by either the Grantee or the
State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release
of the data to the requesting party before the data is released. The Grantees response to the
request shall comply with all applicable law.
11. Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. 176.181, subd. 2, pertaining to
workers compensation insurance coverage. The Grantees employees and agents will not be
considered State employees. Any claims that may arise under the Minnesota Workers
Rev. May 2016
4
Compensation Act on behalf of these employees and any claims made by any third party as a
consequence of any act or omission on the part of these employees are in no way the States
obligation or responsibility.
12. Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this Grant Contract must identify the
State as the sponsoring agency. For purposes of this provision, publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Grantee individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Grant Contract.
12.2 Endorsement. The Grantee and the Borrower must not claim that the State endorses its
products or services.
13. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Contract. Venue
for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state
court with competent jurisdiction in Ramsey County, Minnesota.
14. Termination
14.1 Termination by the State. The State may immediately terminate this Grant Contract with
or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee
will be entitled to payment, determined on a pro-rata basis for approved costs incurred.
14.2 Termination for Cause. The State may immediately terminate this Grant Contract if the
State finds that there has been a failure to comply with the provisions of the Grant Contract, legal
documents required for disbursement have not been executed within 90 days of execution of this
Grant Contract, that reasonable progress has not been made or that the purposes for which the
funds were granted have not been or will not be fulfilled. The State may take action to protect
the interests of the State of Minnesota, including the refusal to distribute additional funds and
requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant
Contract if:
a) It does not obtain funding from the Minnesota Legislature;
b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the
services covered here. Termination must be by written or electronic notice to the Grantee.
The State is not obligated to pay for any services that are provided after notice and effective
date of termination. However, the Grantee 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 contract is terminated because of the decision of
the Minnesota Legislature, or other funding source, not to appropriate funds. The State must
provide the Grantee notice of lack of funding within a reasonable time of the States receiving
that notice.
15. Data Disclosure
Under Minn. Stat. 270C.65, subd. 3, and other applicable law, the Grantee consents to
disclosure of its social security number, federal employer tax identification number, and/or
Minnesota tax identification number, already provided to the State, to federal and state
Rev. May 2016
5
agencies and state personnel involved with the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state
tax liabilities, if any.
Other Provisions
16. Conflict of Interest
The STATE will take steps to prevent individual and organizational conflicts of interest in
reference to Grantees per Minn.Stat.16B.98 and Department of Administration, Office of
Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-Making.
When a conflict of interest concerning State grant-making is suspected, disclosed, or
discovered, transparency shall be the guiding principle in addressing it.
Organizational conflicts of interest occur when:
a Grantee is unable or potentially unable to render impartial assistance or advice to the
State due to competing duties or loyalties.
a Grantees objectivity in carrying out the grant is or might be otherwise impaired due to
competing duties or loyalties.
a Grantee has an unfair competitive advantage through being furnished unauthorized
proprietary information or source selection information that is not available to all competitors.
Organizational conflicts include any individual part of the Grantee.
Individual conflicts of interest occur when:
a Grantee uses his/her status or position to obtain special advantage, benefit, or access
to the Grantees time, services, facilities, equipment, supplies, badge, uniform, prestige, or
influence.
a State employee is an employee or board member of a Grantee that is an immediate
family member of an owner, employee or board member of the Grantee.
The State and the Grantee must act immediately upon any suggestion, inquiry, or intimation
that an individual or organizational conflict of interest exists at any point in the grant process.
Steps must be taken to identify and avoid or mitigate any potential conflicts. The conflict of
interest guidelines continue throughout the life of the grant agreement.
The GRANTEE must complete and submit a Conflict of Interest Disclosure Form indicating
whether or not a perceived, potential, or actual conflict of interest exists. If the GRANTEE
identifies an actual, potential or perceived conflict of interest on the form, the GRANTEE must
identify and submit its conflict of interest avoidance or mitigation plan. The STATE will review
the form and the GRANTEEs individual or organizational conflict of interest avoidance or
mitigation plan and other relevant facts, if needed, to determine if an actual, potential or
perceived conflict of interest exists, as defined by policy or other relevant law. If it does, the
STATE will pursue appropriate actions to mitigate, neutralize, or avoid the potential, perceived
or actual individual or organizational conflicts of interest. These may include, but not be limited
to, termination of the grant agreement; disqualification from future State grant awards, if it is
Rev. May 2016
6
determined that it improperly failed to disclose a known individual or organizational conflict
of interest or misrepresented information regarding such conflict; revising the GRANTEEs
duties so that the conflict is mitigated; allowing the GRANTEE to propose the exclusion of task
areas that create a conflict, if appropriate; allowing the individual with the conflict to be
removed from taking any actions in relation to the grant agreement.
In cases where a perceived, potential, or actual individual or organizational conflict of interest
is suspected, disclosed, or discovered by the GRANTEE throughout the life of the grant
agreement, they must immediately notify STATE for appropriate action steps to be taken, as
defined above.
Grantee is responsible for enforcement of this conflict of interest provision for any and all sub-
grantees / sub-recipients of funding under this grant agreement. When a grantee gives funds
to any sub-grantees or sub-recipients, DEED's conflict of interest requirements must be
included in the grant agreements with any and all sub-grantees or sub-recipients and with all
additional tiers of sub-grantees or sub-recipients. All of the above provisions apply to any sub-
grantees and applicable language must be included in the grantee / sub-grantee agreements.
17. Successors and Assignees
This Grant Contract shall be binding upon any successors or assignees of the parties.
18. Minnesota Business Subsidy Law
This Grant Contract must comply with the Minnesota Business Subsidy Law, Minn. Stat
116J.993-116J.995 as applicable.
19. Affirmative Action
The Grantee is encouraged to prepare and implement an affirmative action plan for the
employment of minority persons, women, and the qualified disabled.
20. Discrimination on Account of Race, Creed, or Color
The provisions of Minn. Stat. 181.59 and any successor statutes, which relate to civil rights
and discrimination, shall be considered a part of this Agreement as though wholly set forth
herein and the Borrower shall comply with each such provision throughout the term of this
Agreement.
Rev. May 2016

7
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered
as required by Minn. Stat. 16A.15 and 16C.05.
Signed: ____________________________ By: ______________________________

(with delegated authority)
Date: ______________________________ Title: _____________________________
Date: ___________________________
___________________________________
SWIFT Contract/PO No(s)
2. GRANTEE
The Grantee certifies that the appropriate person(s) have
executed the grant contract on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or
ordinances.
By: _______________________________
Title: ______________________________
Date: ______________________________
By: _______________________________
Title: ______________________________
Date: ______________________________
Distribution:
Agency
Grantee
States Authorized Representative Photo Copy
Rev. May 2016

8
EXHIBIT A
GRANTEE DUTIES
The Grantee, who is not a State employee, will,
1. Administer the project in accordance with the requirements of the Minnesota Investment Fund
Program, Minn. Stat. 116J.8731; Minn. Rules, Chapter 4300; and policies and procedures
developed by the State.
2. Enter into a Loan Agreement with the Borrower for $400,000, (LOAN) and assure the following
conditions are included in such Loan Agreement:
2.1 Conditions
a) Loan Term: 2 years
b) Interest Rate: 3%
c) Collateral: 1st position on equipment and/or fixtures
d) The corporate guaranty of Glass Container Acquisition, LLC is required.
2.2 Job Creation and Wages
a) The Borrower identified 280 full time equivalent (FTE) base jobs that must be maintained
through the Compliance Date.
b) The Borrower will retain 280 permanent non-contract FTE jobs, all paying at least $20.39
per hour or more in cash wages, exclusive of benefits, and $21.57 per hour including
Benefits on the Compliance Date. Benefits are defined as one or more of the following:
health, dental, life and disability insurance, retirement program and profit sharing paid
by the Borrower.
c) If the Borrower fails to meet the job retention goal and wage level commitments on the
Compliance Date, the Grantee may, after holding a public hearing, extend the grant period
for one year from the Compliance Date, after approval by the State. If, after the extension,
the Borrower fails to meet the job retention goal and wage level commitment, the
Borrower will be required to repay the Grantee all or a proportional share of the Loan
funds on an accelerated term, and loan forgiveness will be reduced at a rate of $13,333
per job not retained.
d) In the event that no jobs are retained by the Borrower on the Compliance Date, the
Grantee will be required to return all loan funds to the State.
2.3 Payment of Prevailing Wages to Contractors
Minn. Stat. 116J.871 applies if a business receives $500,000 or more in State loan funds
and the State funds are used for construction, installation (including equipment), remodeling
and repairs.
2.4 Surety Deposits Required for Construction Contracts
Minn. Stat. 290.9705, pertains to foreign corporations that perform construction work in
Minnesota and applies if state funds are used for construction.
2.5 Job Listing Agreement
Rev. May 2016

9
Minn. Stat. 1161L.66, subd. 1, applies when a business or private enterprise receives
$200,000 or more per year in funds from the State. When applicable, the business or private
enterprise shall agree to enter into a Job Listing Agreement with the MN Department of
Employment and Economic Development.
2.6 Loan Forgiveness
If the job retention goals and wage level commitments detailed in Sections 2.2 in Exhibit A of
this Agreement are met on the Compliance Date, the Loan will be forgiven.
3. Require the Grantees attorney to review the loan agreement, promissory note, security
agreement, guaranty and/or other documents, if any, considered necessary to secure the loan to
ensure they are valid, binding and enforceable.
4. If applicable, retain 40% of each principal and interest payment made by the Borrower, up to
$100,000. Repay to the State 60% of each principal and interest payment made by the Borrower
until the Grantee has received $100,000 in repayments. Once the Grantee has received $100,000
in repayments, the Grantee will repay the State 100% of every payment on the loan until paid in
full. In the event the loan is not paid in full, principal and interest the Grantee retains will be
reduced proportionally and returned to the State.
5. The Grantee will establish and maintain a revolving loan fund (RLF) consistent with the
requirements 2. In the Recitals section of this Grant Contract and State RLF Guidelines published
by DEED. The Grantee must retain financial control and decision making authority regarding the
use of repayments from the loan. Upon approval by the State, the Grantee may loan or grant
money from its RLF to a regional development commission, or other regional entity, or statewide
community capital fund to capitalize or to provide the local match required for capitalization of a
regional or statewide RLF.
6. Reporting
a) Minnesota Investment Fund Annual Progress Reports
1) Submit to the State annual progress reports on forms provided by the State until the
project goals have been met or until the Compliance Date, whichever is later. These
reports must be submitted January 25th of each year for the period ending December
31, for as long as the project remains open. A final Progress Report is required within
25 days of the Compliance Date.
2) The final report must be submitted no later than 25 days after the Compliance Date.
3) The State, at its discretion, may require the submittal of additional progress reports.
4) Information required in these reports may include, but is not limited to the following:
Permanent jobs created Hourly base wage Date of hire
Job titles Hourly value of benefits Benefits provided
Project expenditures Status of project Status of payments
Payroll Report
b) Minnesota Business Assistance Form (MBAF) Reports
1) Submit to the MN Department of Employment and Economic Development, Office of
Economic Analysis, no later than April 1st of each year until the project goals have
Rev. May 2016
10
been met.
7. Keep financial records, including properly executed contracts, invoices, receipts, vouchers, and
other documents sufficient to evidence in proper detail the nature and propriety of the
expenditures made pursuant to this Grant Contract. Accounting methods must be in accordance
with generally accepted accounting principles.
8. Complete the project in accordance with the approved budget within the time frames specified in
this Grant Contract.
9. Promptly notify the State of any proposed material change in the scope of the project, budget or
completion date, which must be approved by the State, prior to implementation.
10. Have on file the necessary documentations to show that all project funds have been used for the
items stated in the application.
Rev. May 2016

11
Exhibit B
Approved Budget
Use of Funds MIF Bank Equity City Other Total

Property Acquisition $0
Site Improvement $0
Building Renovation $0
Construction $0
Machinery & Equip. $400,000 $15,843,397 $65,000 $16,308,397
Roads $0
Water $0
Sewer (Sanitation) $0
Other $0
Total $400,000 $0 $15,843,397 $65,000 $0 $16,308,397
Rev. May 2016

12
A.3.

February 21, 2017

Subject:
Resolution Supporting the Creation of an Additional Vehicular Crossing over the Minnesota
River
Council to discuss supporting an additional vehicular crossing over the Minnesota River to
promote public safety and economic development.
Recommendation:
Adoption of Resolution No. 7843
Discussion:
Council at its most recent work session concerning goals and direction for the City, discussed
the possibility of supporting the need for an additional crossing over the Minnesota River.
Budget Impact:
N/A
ATTACHMENTS:
Resolution No. 7843

Resolution No. 7843
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REGARDING

SUPPORT FOR THE CREATION OF AN ADDITIONAL
VEHICULAR CROSSING OVER THE MINNESOTA RIVER
WHEREAS the Shakopee City Council supports the enhancement of public health, safety and
convenience for the citizen and visitors to the City of Shakopee by the construction and maintenance of
adequate public roadways to support current and future growth of our population, industries and
businesses; and
WHEREAS, the Citys 2030 Comprehensive Plan identifies transportation to and through Shakopee as a
critical element and the 2040 Comprehensive Plan will plan for additional growth, both in population,
industry and businesses in the areas west of the current Shakopee City Limits; and
WHEREAS, traffic volumes on Route 169 have been identified as one of the areas of impact to city
residents and visitors to the community because of congestion, capacity issues and accidents, especially
during peak AM and PM commuting times; and
WHEREAS, the existing 101 bridge and 169 bridge are the only access points over the Minnesota River
for Shakopee residents and visitors; and
WHEREAS, reliable access with adequate capacity across the Minnesota River is critical to the success of
local companies and residents to provide ease of access for commerce and employment; and
WHEREAS, an additional highway bridge crossing over the Minnesota River will ensure that Shakopee
and Scott County residents and visitors have unfettered access to and through the community;
NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council expresses support for the
construction of an additional bridge crossing over the Minnesota River in the area of the 169/41
interchange, or in an area that will provide connectivity for Shakopee, the surrounding communities and
Scott County
AND supports any and all efforts to seek State and Federal funding for design, right-of-way acquisition
and construction of an additional bridge across the Minnesota River.
Adopted om adjourned regular session of the City Council of the City of Shakopee, Minnesota,
______________________________________
ATTEST:
______________________________________
City Clerk
B.1.

February 21, 2017
FROM: Jacob Busiahn, Natural Resources Technician

Subject:
Presentation from the Lower Minnesota River Watershed District
Recommendation:
Discussion:
A representative of the Lower Minnesota River Watershed District will give a presentation on
the organization's background, history, and opportunities to collaborate with the City of
Shakopee.
Budget Impact:
C.1.

February 21, 2017

Subject:
Shakopee Derby Days Outstanding Receivable for Huber Park Electrical Upgrades
Motion to either write-off the $5,000 outstanding receivable with Shakopee Derby Days or
proceed with collection efforts.
Recommendation:
From a financial standpoint, it is in the best interest of the city to proceed with collection of
the outstanding balance.
Discussion:
The City Council approved an arrangement May 7, 2013 with Shakopee Derby Days (Derby
Days) for the installation and financing of electrical upgrades at Huber Park. The total
project cost was $29,197.25 with the city agreeing to provide approximately one half share of
the improvements, and also to front a balance of $10,000 for Derby Days. Derby
Days secured an initial $5,000 donation from the Shakopee Jaycees for their remaining
portion. Derby Days paid installments to the city in 2013, 2014 and 2015 of $3,000, $1,000
and $1,000, respectively, leaving a remaining balance of $5,000.
The only official cost sharing agreement on file is the council memo from May 7, 2013. In
that memo it states, Derby Days will reimburse the city a minimum of $1,000 per year, until
the $10,000 is repaid. This arrangement would continue for as long as Derby Days is in
Huber Park, and is in existence as Derby Days (or successor). This item was moved from the
general business part of the agenda to the consent agenda and approved with no discussion.
Derby Days was not held in 2016 and is currently in the process of dissolving. Due to the
ambiguity of the language in the memo there is a difference of opinions as whether or not
Derby Days remains liable for the outstanding $5,000 balance.
I have attached board minutes from Derby Days leading up to the May 7, 2013 council
meeting. It appears Derby Day's intentions were to only be liable for repayment if the
organization remained in Huber Park and/or in existence. Obviously, Derby Days' board
minutes are not official actions of the City Council, therefore, the council memo
interpretation is crucial in determining the Council's intentions.
No matter the decision made, the electrical improvements remain property of the city and
have been beneficial for events outside of Derby Days.
Budget Impact:
Either decision has minimal budget impact. The outstanding receivable is not budgeted, so
any collection would increase the General Fund's fund balance.
ATTACHMENTS:
May 7, 2013 Council Memo - Electrical Upgrades

Council Minutes May 7, 2013
Derby Days Board Minutes May 2013
Derby Days Board Minutes April 2013
Derby Days Board Minutes March 2013
Derby Days Invoice & Letter, December 2016
General Business
9. E. 1.
E I,= F: c I' 1. t-
FROM: Mark McNeill, City Administrator
DATE: OS/ 07/ 2013
SUBJECT: Huber Park Electrical Upgrade( D)
Action Sought
For Council to give direction to approve a cost sharing arrangement with Shakopee Derby Days for the installation
of improved electrical service to Huber Park, and authorize that work to be done.
Background
For as many years as the Derby Days community celebration has been held in Huber Park, the Shakopee Derby
Days organization has had to rent generators to provide electrical power in in Huber Park. That adds about$ 2, 000
per year to their operating budget. The lack of adequate electrical service also hampers the City' s ability to
accommodate other events in the park at other times throughout the year.
In 2012, Shakopee Derby Days President Jack McGovern sought quotes to provide improved electrical service to
the Park. The quotes were for three new electrical panels, wiring and conduits inside the park, and electric meters
so that users could be charged for power. It would provide for power to a future park shelter( anticipated in 2013 or
2014) in the northeast corner of the park, power for the concessionaire location, added service to the stage, and
power to the recreation/ beer tent area on the west end of the park.
In addition to the electrical contractor' s cost, SPUC will need$ 7000 to cover its costs of the expanded service.
Including the lower quote submitted by Ries Electrical($ 22197. 25), the total project cost is $ 29, 197. 25.
The request from Derby Days is for the City to provide$ 15, 000 as approximately one half share of the
improvements, and also to front a balance of$ 10, 000 that needs to be paid-- Derby Days has secured a$ 5000
donation from the Shakopee Jaycees for the other portion. Shakopee Derby Days would then reimburse the City a
minimum of$ 1000 per year, until the $ 10, 000 is repaid. This arrangement would continue for as long as Derby
Days is in Huber Park, and is in existence as Derby Days( or successor). lt also agrees to pay for the actual
electricity consumed as deterniined by the new meters( the cost of power has not been consistently billed in the
past).
The request is for the Council to approve this at its May 7th meeting, so that work can take place in ti ne for the
improvements to be operational by Derby Days in August.
As this would be to improve the City- owned park, the agreement for the electrical work would be between the City
and Ries Electric( even though the quotes were obtained by Derby Days).
Recommendation
I recommend that the Council authorize installation of electrical service by Ries Electric, and agree to the cost
sharing arrangement.
Budget Impact
The City' s $ 25, 000 wouid come from the Council' s unallocated line item.
Relationship To Visioning
Proceedings of the
Official May 7,2013
Shakopee City Council Page 2
3
4.C. Lehman/Clay moved to authorize the quote from Choice electric at $00
66
,80.for the CR
17 pedestrian tunnel lighting. Motion
( carried under the Consent Agenda)
4.
4C. Lehman/Clay move to authorize the appropriate city officials to enter into an extension
agreement with Bolton & Menk, Inc.to provide design and survey services for the East
Industrial Sewer Improvements Project No.2013 4
- . Motion
( carried under the Consent Agenda)
4.
1F. Lehman/Clay moved to approve the bills in the amount of 163.
1
$ 0
4
,39,
4 and electronic
transfers in the amount of 18
5
$ 08,787.for a total of 950.
1
$ ,
547,
6 2.Motion
( carried under the
Consent Agenda)
4.
2F. Lehman/Clay move to approve the minutes from April 2 April 9 and April 16, 2013.
Motion carried under the Consent Agenda)
4.
3F. Lehman/Clay moved to approve the application and grant a massage therapy business
license to Vogue Day Asian Massage LLC, 1240 East 3 Avenue, Suite 104. Approve the
applications and grant a massage therapist license to Xia Li and to Ying Li. Motion
( carried
under the Consent Agenda)
4.
4F. Lehman/Clay moved to authorize the closure of Lewis Street from First and Third
Avenues on altering Friday nights from 6 to 10 PM,beginning May 31 and ending August 23`
2013,for the Shakopee Downtown Classic Car Cruise. Motion
( carried under the Consent
Agenda)
4.
5F. Lehman/Clay move to authorize Contract Amendment #1 to provide additional
compensation to Foth Infrastructure and Environment, LLC,in the total amount of 3
$ 7,150.
Motion carried under the Consent Agenda)
9.C. Lehman/Clay moved to authorize a drainage solution concept proposed by staff and
1
authorizing staff to enter into a letter agreement with the property owners to participate in the
project at a cost not to exceed $00
5,
326.from the Surface Water Drainage Fund. Motion
( carried
under the Consent Agenda)
9.
1E. Lehman/Clay moved to agree to the funding arrangement with Shakopee Derby Days for
the enhanced electrical services to Huber Park, and accept the quote of Ries Electric in the
amount of 25
2
$ 9,197.for the electrical work, and authorize the work to commence. M
( otion
carried under the Consent Agenda)
5. Recognition of Involved Citizens by City Council.
Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on
the Agenda.
Jordan Olson, 249 Mound St.,asked Council to be fiscally responsible when considering the
upcoming 2014 budget.
Sean Nelson, 603 E. 8 Ave.,said he attended the Governor's Townhall meeting and disagreed
with Governor Dayton on his comments about rudeness from those who attended the meeting.
Martin Alvarez, 700 Garden Lane, addressed Council through an interpreter, Mary Hernandez.
Mr.Alvarez, who is a representative of the organization called CPHS, which translates to the
Hunter's
of Shakopee Parents, expressed concern over issues at
Hispanic Advisory Council
Shakopee Derby Days, Inc. Board Meeting Minutes
Thursday, May 23, 2013 at 6:30 p.m.
Coffee ta Cream Meeting Room
1. Call to Order at 6:35 p.m. by President Jack McGovern
Roll Call 14 people in attendance/12 board members: Jay Whiting*, Linda Bittner*, Parris Quinn*, Pamela Pleasants*, Brad
Eller, Anita Botamer*, Wes Reinke*, Brian Burgeson*, Brandon Grunst*, Jack McGovern*, Kayla Snyder, Ryan Koch*, Heidi
VonBokern*, Brian Dahl*. (* denotes board member)
Jay moved to approve agenda/Pam seconded. Motion carried.
3. Meeting Minutes
Heidi moved to approve minutes from the April 25, 2013 board meeting/Brian seconded. Motion carried.
4. Presidents Report
Jack discussed working as a team, and that Joy Newgard has returned to help with fundraising.
5. Vice-Presidents Report
Pamela had no update.
6. Treasurers Report
Linda requested QuickBooks, a downloadable program, and a flash drive, with QuickBooks costing about $350, and flash drive
costing about $15. Jay motion to approve purchase of QuickBooks and a flash drive/Wes seconded. Motion carried. Jay stated
that Linda will be getting a $2000 check from Shakopee Community Education for the International Festival. Jack mentioned that
checks going for the International Festival need to be written to Shakopee Derby Days. Shakopee Community Education and
Allina also need to be listed as major sponsors.
7. Secretarys Report
Wes had no update.
8. Old Business
1. Committee/Chairperson Needs We need a 5K Turf Run chair, most inviting landscape contest chair, sawdust pile grab
chair, and silent auction chair. Jack requested that the list be shared with the board so that they can come up with leads. Brad
mentioned that he may have a lead for Shawn on the 5K Turf Run.
2. Power in the Park Jack stated that City Council passed the proposal. Jack had a meeting with several people regarding
timing. Hopefully work will begin by next week. Expected date of completion, as stated by Jack, is mid-June.
3. Amazing Shakopee History Race Wes stated that the reason this was tabled was because there were some concerns
discussed at the last meeting based on insurance liability. Ryan moved to allow the Scott County Historical Society to run the
event/Jay seconded. Discussion proceeded about awards at stage and timing. Jay moved for an amendment to the motion
based on the Historical Society providing detailed information and needs/Ryan seconded. Motion and amendment carried.
9. New Business
1. Canterbury Jack revisited the first meeting with John. Brian Burgeson stated that Catlin is going to make introduction. Jay
stated that Canterbury wanted to cross-promote the Mystic Derby along with Derby Days. Brian will follow up with
introduction and meeting.
10. Adjournment
Pam moved to adjourn at 7:20 p.m./Heidi seconded. Motion carried.
Misc. Notes
Next Board Meeting Thursday, June 27, 6:30 p.m.
Next Committee Meeting Thursday, June 27, 7:15 p.m.
Shakopee Derby Days 2013 Wednesday, July 31 Sunday, August 4, 2013.
Derby Days Web site http://www.shakopeederbydays.com/
Derby Days Social Media http://www.facebook.com/shakopeederbydays and http://twitter.com/shakoderbydays
Thursday, April 25, 2013 at 6:30 p.m.
Shakopee Community Center Rotary Room
Roll Call 17 people in attendance/13 board members: Wes Reinke*, Anita Botamer*, Catlin Soukup*, Pamela Pleasants*,
Parris Quinn*, Brad Eller, Linda Bittner, Ryan Koch*, Shirley Keller*, Brian Dahl*, Brandon Grunst*, Jack McGovern*, Heidi
VonBokern*, Dean Bauleke*, Matt Lehman (arrived later), Brian Burgeson (arrived later), Kayla Snyder (arrived later), Chris
Walczak (arrived later). (* denotes board member)
Jack would like to add 9.3, Puppet Show. Motion Heidi/Anita to approve agenda as amended. Carried.
3. Meeting Minutes
Motion Heidi/Pamela to approve the minutes of the March 28, 2013 board meeting as emailed out. Carried.
At this time, items that Brad wanted to discuss were brought up.
Brad presented a preliminary entertainment line-up, which included Johnny Holm and the Shaw Brothers as headliners. The School of
Rock House Band, Metropolitan Dance Alliance, Calhoun Brass, and the Wild Rose Cloggers were willing to donate performances.
St. Johns Lutheran Church had contacted Brad about performing their Godspell musical Friday evening between about 5:45 and 6:45
p.m. Brad asked the board if the musical is OK. Board consensus is to firm this up. There is a gap during the Johnny Holm set-up
time, but a DJ, karaoke, or other entertainment in the beer garden was discussed as possibilities.
Brad discussed banners for Huber Park and sought board feedback. There will be a single-sided generic banner at 101/Sommervile and
a two-sided entertainment banner near the playground. Suggestions were to put fun park in place of games and entertainment in
place of music on the generic banner. On the entertainment banner, it was suggested to swap the Shaw Brothers picture and the
Johnny Holm Band picture, enlarge the Johnny Holm Band picture, and potentially enlarge the text Full schedule at.
Brad also mentioned that the Enigma Teen Advisory Board has expressed interest in doing a dunk tank and potentially selling energy
drinks at Derby Days and asked how this would work. In 2010, it used the service vendor policy, was on a ticket-based system, and 15
percent of revenue after expenses was retained by Derby Days. Consensus was to charge the participation fee policys promotions and
advertising fee rate. Motion Shirley/Heidi to charge a flat fee of $75 for Thursday through Saturday for the Enigma Teen Center dunk
tank, with all expenses and proceeds handled by Enigma. Motion carried with Wes and Catlin abstaining.
Jack asked to add 9.4, Putt-Putt Golf, to the agenda. Motion Heidi/Anita to approve the agenda as amended. Carried. Jack
mentioned a puppet show email he had received from the Renaissance Festival that they wanted to present at Derby Days. Jack
said that he had told them the only way this would be possible is if a sponsor were found. Discussion about if the show would be
able to be made more family-friendly. Karaoke or a DJ were discussed as alternatives.
Jack also brought up Putt-Putt Golf at this time. Party Putt, LLC had expressed interest in being involved in Derby Days. Heidi
has been in contact with them to follow up. Theyd be able to provide a 9- or 18-hole course, staffed by their company. Heidi had
mentioned that theyd only be considered if it were on a percentage basis. Heidi and company to look at locations. Upper parking
lot, hamster ball race area, rodeo grounds were mentioned as possible areas.
Shirley mentioned that the fireworks donations are capped at $11,000 and money will be restricted for next year. She needs the
2012 board list to finalize taxes. She distributed a profit/loss comparison sheet and provided an overview.
Shirley also gave a prize bingo update at this time. The permit and license have been applied for. The event will be held at noon
or 12:30 at Turtles Social Centre.
Dean Bauleke also notified the board of directors that he is resigning from the Derby Days Board of Directors. Motion Heidi/Anita to
accept Dean Baulekes resignation. Carried.
Wes mentioned that Derby Days has been contacted by the mother of Miss Minnesota Preteen. The Miss Minnesota Preteen is
looking to help out at Derby Days. Wes was directed to forward the email to Heidi to follow up with her. Wes had also received
an email from DeeDee Currier requesting that the additional 15 percent of net proceeds fee be waived, should Community
Education meet the amount where this would kick in. They are already paying the $75 registration fee. The board is requesting for
the next meeting a copy of what the vendors pay from DeeDee, and asking for detail on if they are going over the top amount
where the 15 percent of net proceeds fee would go into effect.
8. Old Business
2. Power in the Park Jack mentioned that there will be a City Council meeting in May to discuss power in Huber Park. He
has a commitment of $5000 from the Jaycees to support this. The intent is that Derby Days pay $10,000 of the $15,000 (half
of the cost), as long as Derby Days is in the park and as long as the organization exists as Shakopee Derby Days. A
recommendation was provided that Derby Days offer no less than $1000 and no more than $1500 per year. Jack is trying to
get onto the Lions agenda. Steve Menden, Jerry Hennen, and Dave Menden were suggested as possible contacts to get onto
the agenda. Brad mentioned that Shakopee Parks and Recreation is looking at putting in a 50x36 shelter, and this electrical
project is guiding it. It would be in the food court area.
1. Committee/Chairperson Needs Brian Burgeson was asked about chairing fundraising, and also if he would like to be on
the board of directors, with a vacancy. He expressed interest in both. Motion Cat/Heidi to nominate Brian Burgeson to be on
the Derby Days Board for the duration of the season and to be the chairperson for the fundraising committee for this season
and duration in time. Carried. Ryan Koch has also stepped up to take on the volunteer coordinator position. A 5K turf run
chair, dodgeball tournament chair, most inviting landscape contest chair, sawdust pile grab chair, and silent auction chair are
still needed.
9. New Business
1. Parade Application Catlin presented a draft of the parade application. Hes looking for input, particularly on the political
unit section. Suggestions include changing the clean-up fee deposit for political units to $100, providing a timeline for when
the political units will find out if their clean-up fee will be deposited, changing parade co-chairs and volunteers to parade co-
chairs and Derby Days event staff, in the political notes. Theres the potential for confusion with sponsored unit vs.
sponsorship fee paid. Feedback/input to Catlin is welcomed ASAP.
2. Amazing Shakopee History Race The Scott County Historical Society has submitted an event proposal for a scavenger
hunt taking place in downtown Shakopee, but stationed out of Huber Park, on Saturday (9:30-10 registration/check-in, 10-11
race, 11-11:30 wrap-up). Questions were raised by the board on insurance/liability to Derby Days, if they would be open to
moving the time to avoid overlapping with other events such as the kiddie parade (e.g. moving back an hour) or to
Wednesday before the movie, and on inclusion of people due to needing a smart phone or camera. The consensus was to
table this until the next board meeting.
10. Adjournment
Motion Wes/Catlin to adjourn at 8:07 p.m. Carried.
Misc. Notes
Next Board Meeting Thursday, May 23, 6:30 p.m. (Shakopee Community Center Studio Room?)
Next Committee Meeting Thursday, May 23, 7:15 p.m. (Shakopee Community Center Studio Room?)
Respectfully submitted by:
Wes Reinke
Secretary
Thursday, March 28, 2013 at 6:30 p.m.
Roll Call 18 people in attendance/13 board members: Catlin Soukup*, Wes Reinke*, Anita Botamer*, Jay Whiting*, Brian
Dahl*, Ryan Koch*, Heidi VonBokern*, Parris Quinn*, Pamela Pleasants*, Shirley Keller*, Dean Bauleke*, Lori Esser, Jack
McGovern*, Brandon Grunst*, Kayla Snyder (arrived later), Dana Listerud (arrived later), Matt Lehman (arrived later), Darren
Younge (arrived later), Linda Bittner (arrived later). (* denotes board member)
Jack requested to add Power in the Park as item 8.4 under Old Business. Motion Jay/Pamela to approve the agenda as amended.
Carried.
3. Meeting Minutes
Motion Jay/Anita to approve the minutes of the February 28, 2013 board meeting as emailed out. Carried.
Jack said that feedback he had received about Bunny Blast Bingo was positive.
Shirley mentioned that she is resigning effective April 30, 2013. She distributed financial reports to the board and went over items
within them. She presented a CPA records retention policy, required by the attorney general, for use for 501(c)(3) non-profits and
asked for its adoption. Motion Jay/Heidi to approve the attorney generals policy for retaining records. Carried. Shirley mentioned
that she will email an updated event income statement to the board once it is finalized. She will also finish this quarters work and
taxes. Linda Bittner has offered to step up as treasurer, and Shirley and Lauri have offered to train her in. Motion Jay/Anita to
approve the financial reports. Carried.
Wes mentioned that a sucker vendor has emailed Derby Days and Wes would like the boards input on if it falls under a food
vendor or business expo/market fair vendor contract. The understanding is that it is made off-site and brought in, so board
direction was business expo/market fair.
8. Old Business
1. Committee/Chairperson Needs for 2013 The following event chairs and committee members are needed: dodgeball derby
event chair, market fair chair, most inviting landscape contest chair, sawdust pile grab chair, silent auction chair, volunteer
coordinator, fundraising committee. A fitness center was suggested as a potential chair for the 5K. Lori Esser would be
willing to help with publicity, with the understanding that she is extremely busy during the day. Ryan also offered to help
with publicity. Dana Listerud asked for a written description of the market Fair duties, but is interested; however, is unable to
make it to Shakopee on a regular basis. Jack may have a contact for the dodgeball tournament.
2. International Festival International festival entertainment is booked. There is one food truck with interest (Jay has a
check), but needs to get paperwork in. Forms are going back and forth. Contracts look like the Derby Days food vendor
contract. Jay mentioned that the SDA is not its own corporation.
3. Button Proposal This was moved to the end of the meeting.
4 Power in the Park Discussion about putting power in Huber Park. Jack will be bringing this before City Council and
wanted to get a feel for how to propose this to Council. He has been trying to get donations for this project, with bids coming
in around $30,000. He provided an overview of the project, history, and the goals. Discussion originally was that Derby Days
be responsible for $15,000, the City paying the cost up front, and Derby Days reimbursing the City up to $15,000 (about
$1500-$2000 per year), as long as Derby Days is an organization and is using Huber Park. The equipment will be owned by
the City of Shakopee. The Jaycees are donating $5000 toward this, to be donated directly to the City. Discussion about
applying the cost of the amount saved from renting generators each year toward that amount owed. Motion Anita/Heidi that
Derby Days contribution to the power in the park be $10,000 to pay back the City in yearly increments up to $1000-$1500
per year, no more than $10,000 toward the project. The Jaycees donation is considered the remaining balance to meet the
$15,000. Carried, with Jay abstaining.
9. New Business
1. Participation Fee Policy Rates Wes presented the participation fee policy that has been in place and asked for the boards
input on if rates should stay the same and any other changes to the policy for 2013. It was asked about entities coming
forward to negotiate terms, but it was felt that the verbiage currently within the policy is adequate. In response to a question
about entities not paying, Wes stated that the promotions and advertising fee portion is due up front. Motion Jay/Heidi to
approve the participation fee policy. Carried.
2. Technology/Communications Catlin recapped the technology/communications meeting held on March 18. Items
discussed include using social media/technology; revamping the Web site (changing its layout, making it easily accessible for
mobile devices); adding YouTube; enhancing Twitter. After this meeting, Catlin and Wes also discussed working together on
Facebook and creating videos for YouTube, and evolving publicity into a communications committee, with publicity
encompassed within it. The goal is to find cheap/free ways to promote. The card reader idea was not recommended to be
pursued; but options are being explored to accept registration/payments through PayPal or other means (e.g. Active). Lauri
has offered to prepare keyboard-ready forms in Adobe Acrobat for the Web site.
3. Wednesday Night Events Wes asked the board about the status of the community picnic and football boosters events for
event schedule purposes, with the addition of the international festival. Jay is looking at 4-5 food trucks for the international
festival, running from 5-9 p.m. or later. Our food license can cover three events, and Shirley mentioned that we did well on
the picnic last year. Consensus was to keep the picnic and the football boosters events on Wednesday night. Jay also
mentioned that hed like to see the extra money collected from SDA activities reserved for the SDA.
4. Bunny Blast Bingo Recap Lauri was not in attendance, but had provided Wes with updates on how Bunny Blast Bingo
went, and her recommendations. Wes presented these to the board. Recommendations included: running from 11 a.m. until 1
p.m. (people wanting to play at 11 and many clearing out around 1); 20 games instead of 26; ensuring that people know its
one whole sheet per game, not just one face of the sheet; sell packets of 5, 10, or 20 sheets before the first game and then sell
single cards between games; organization was good, but only needed about an hour for set-up with seven helpers. Lauri had
also noted 112 people were able to be seated with the new table set-up, and that after 1 p.m., not enough bingo sheets were
sold to make money. She recommends giving this another try with the modifications in place. One person suggested shutting
down the sales at a certain point and running games (to keep people from waiting too long). Jack mentioned that we dont
need to use the sheets (can use slide cards) as long as we dont have $150,000 in gambling revenue, and that the gambling
board recommended using the sheets only for prize bingo. Jack said that the hot dogs were sold out (profited); only a case of
chips was sold; pop didnt go over well, but overall, food sales at Bunny Blast Bingo profited.
8. Old Business
3. Button Proposal This item was returned to at this time. Heidi asked for clarification on if people could not be in the park
without wearing a button. Although signage was intended to be used strongly encouraging people to wear a button,
interpretation of the minutes was that the motion was worded so that a person needed a button, and the intent is to require
everybody to be wearing a button to be in the park. Discussion about the effects of requiring a button for admittance. Motion
Shirley that we rescind the button vote and revote on it after a discussion. She then withdrew her motion. Heidi made a
motion to remove the button requirement that was approved on February 28. Brian seconded. Jay mentioned that he thought
removing the button requirement isnt right, as its hard to get money. Matt suggested offering a VIP donation button (e.g.
$5). Motion carried with Brandon, Shirley, Brian, and Heidi voting yea; Jay, Parris, and Pamela voting nay; and Wes, Catlin,
and Anita abstaining.
10. Adjournment
Motion Wes to adjourn at 8:15 p.m. Carried.

Thursday, March 28, 2013 at 6:30 p.m.
The meeting was reconvened at 8:46 p.m. by a motion by Jay for discussion revolving around the resignation of the treasurer. The
motion carried.
Those in attendance included: Catlin Soukup*, Wes Reinke*, Anita Botamer*, Jay Whiting*, Brian Dahl*, Ryan Koch*, Heidi
VonBokern*, Parris Quinn*, Pamela Pleasants*, Lori Esser, Jack McGovern*, Brandon Grunst*, Kayla Snyder, Dana Listerud, Matt
Lehman, Linda Bittner. (* denotes board member)
Jay made a motion to accept Shirley Kellers resignation effective April 30, 2013 and to appoint Linda Bittner as interim treasurer.
Catlin suggested adding pending successful bonding and background check to the motion. Jay accepted the amendment to the
motion. Heidi seconded. Motion carried.
Motion Jay/Anita to adjourn at 8:49 p.m. Carried.
Misc. Notes
Next Board Meeting Thursday, April 25, 6:30 p.m. (Shakopee Community Center Rotary Room)
Next Committee Meeting Thursday, April 25, 7:15 p.m. (Shakopee Community Center Rotary Room)
Respectfully submitted by:
Wes Reinke
Secretary
C.2.

February 21, 2017
FROM: William H. Reynolds, City Administrator

Subject:
2017 City Work Plan
Approve the 2017 City Work Plan and long-term (LT) goals for city staff.
Recommendation:
Approval of the 2017 City Work Plan and long-term goals as presented.
Discussion:
On February 14, 2017 the City Council participated in a strategic planning workshop to
provide staff direction for 2017 and outlined several longer-term goals for future action.
The workshop built upon the successful 2016 workshop which provided similar guidance for
last year.
As part of the workshop discussion, the following areas (outlined in the categories of Finance,
Land Planning, Economic Development/Infrastructure and Miscellaneous) were considered
by the City Council as a whole to be priorities for the organization. Long term issues are
noted by (LT):
Finance
Low Taxes
Continued Financial Stability
Stable Tax Rate
Prioritization of Services
Fund Balance Study
Park Asset Fee/Fund Review
Community Center Operations Funding
Park and Recreation Expenses (LT)
Land Planning
High Density Housing
50/30 SCALE efforts
Orderly Annexation Agreement
Comprehensive Plan
Trail Connections
River Crossing Capacity Increase (LT)
Riverfront Improvements (LT)
Active Annexation of Portions of Jackson Township (LT)
West End Planning Process Continuation (LT)
Economic Development/Infrastructure
Downtown Improvement/Infrastructure Maintenance
Historic Preservation/Tourism
Process to Recruit Higher Paying Jobs
Redevelopment Toolbox and Policy
City Property Development Strategy/Excess Property Marketing Process and implementation
City Hall Redevelopment (LT)
Old Mall Redevelopment (LT)
Downtown Redevelopment (LT)
Miscellaneous Projects
Signage/Wayfinding
Use of Committees
Park Asset Planning Process
Code Enforcement
Transparency/Communications
School Resource Officer Program Review/Training
Community Engagement/Neighborhood Group Activity
Southbridge Fire Partnership (LT)
Upon approval, the items listed above will form the basis for the staff work plan for 2017. As
part of that effort, staff will develop a time line for action, and bring items to council for any
necessary clarification and/or decision points on key issues associated with the plan.
It is understood that some of the items listed are generally under that purview of the city
administrator, but that the council is tasking the city administrator to move forward in the
areas outlined, develop policies for council approval if required, and to report to council on
the efforts.
Budget Impact:
None.
C.3.

February 21, 2017
FROM: Lori J. Hensen

Subject:
Appointment to Boards and Commissions
Adopt Resolution 7842, a resolution appointing individuals to various boards and
commissions.
Recommendation:
Approve the attached resolution with any additions from council vote
Discussion:
Various terms on boards and commissions expire February 28, 2017, or until their successors
are appointed and qualified. The City has advertised for volunteers interested in filling seats
on the city's various boards and commissions. On February 15, 16 and 17, an interview panel
consisting of Councilors Jay Whiting and Matt Lehman and a representative from each of the
boards and commissions interviewed a total of 26 applicants.
After reviewing the qualifications, the interview committee is making the following
recommendations: (Note: appointments for the EDAC will be made by the Economic
Development Authority at the March 7th meeting. Interviews will be held Friday February
17th and Thursday February 23 for the EDAC).
Bicycle Advisory Committee - Laura Bjorklund
Parks and Recreation Advisory Board - Jeremy Casper*, Mike Vogel, Kyle Verley.
Planning Commission/BOAA - Lori Brandon* and Anita Botamer
Police Civil Service Commission - Joan Lynch* and Bruce Starkey

The interview committee selected Terry Joos* to be reappointed but they could not come to
an agreement for the second position on the Shakopee Public Utilities Commission. The
committee agreed to put it to the council for a vote. To expedite the process, in the past the
City Council members have filled out the ballot ahead of time and given it to the City Clerk
just before the meeting. Votes are tallied with the first results presented to council members
when the matter comes up on the agenda. If additional voting is necessary it would take place
at that time. Council may wish to follow this procedure to expedite the process. (Ballot
attached)
Budget Impact:
There is no budget impact associated with this action.
ATTACHMENTS:
Resolution 7842
Resolution 7842 board appointed
Ballot 2017
RESOLUTION 7842
A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the
following appointments are hereby made:
1. xx is appointed to the Planning Commission/BOAA for four-year terms expiring

February 28, 2021.
2. Xx is appointed to the Planning Commission/BOAA for the remaining vacated term

expiring February 28, 2018.
3. Xx, xx and xx are appointed to the Park and Recreation Advisory Board for three year
terms expiring February 28, 2020.
4. xx and xx are appointed to the Shakopee Public Utilities Commission for a three-year
term expiring March 31, 2020.
5. Xx is appointed to the Police Civil Service Commission for the remaining vacated term
expiring on February 28, 2019.
6. xx is appointed to the Police Civil Service Commission for a three-year term expiring
February 28, 2020.
7. Xx is appointed to the Bicycle Advisory Board for a three-year term expiring February
28, 2020.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
st
this 21 day of February, 2017.

ATTEST:
City Clerk
RESOLUTION 7842
A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the
following appointments are hereby made:
1. Lori Brandon is appointed to the Planning Commission/BOAA for four-year terms

2. Anita Botamer is appointed to the Planning Commission/BOAA for the remaining

vacated term expiring February 28, 2018.
3. Jeremy Caper, Mike Vogel and Kyle Verley are appointed to the Park and Recreation
Advisory Board for three year terms expiring February 28, 2020.
4. Terry Joos and xx are appointed to the Shakopee Public Utilities Commission for a
three-year term expiring March 31, 2020.
5. Bruce Stankey is appointed to the Police Civil Service Commission for the remaining
vacated term expiring on February 28, 2019.
6. Joan Lynch is appointed to the Police Civil Service Commission for a three-year term
7. Lori Brandon is appointed to the Bicycle Advisory Board for a three-year term expiring
February 28, 2020.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
st
this 21 day of February, 2017.

ATTEST:
City Clerk
PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO LORI
BEFORE THE ROLL CALL ON FEBRUARY 21, 2017
Shakopee Public Utilities Commission

(Vote for 2)
Brian Krautkremer
Terry Joos*
Jordan Olson*
______ Daniel Hennen
*Incumbent
________________
Councilmember
Shakopee Economic Development Authority
February 21, 2017
7:00 PM
City Hall 129 Holmes St.
1. Roll Call
3. Consent Business
A. EDA Minutes
B. EDA Bill List
4. General Business
A. Downtown Infrastructure & Public Realm Design Construction Documents
B. Contract with the Shakopee Area Chamber of Commerce for Main Street
5. Adjourn to Tuesday, March 21, 2017 at 7 p.m.
Note to EDA Members:
If you have any questions or need additional information on any of the above items, please call Samantha DiMaggio
prior to the meeting at (952)233-9317.
A.

February 21, 2017
FROM: Lori J. Hensen

TO: Economic Development Authority
Subject:
EDA minutes from December 20, 2016
Approve the minutes from the December 20, 2016.
Recommendation:
Discussion:
Budget Impact:
ATTACHMENTS:
December 20, 2016

B.

February 21, 2017

TO: EDA Commission
Subject:
EDA Bill List
Move to approve bills in the amount of $3,531.02 for the EDA Fund, which allows for
internal charges that are applied to the EDA fund.
Recommendation:
Approval
Discussion:
Attached is a listing of bills for the EDA for the period 1/18/2017 to 2/21/2017. Payments are
for general office supplies, attorney & professional service fees.
Budget Impact:
ATTACHMENTS:
EDA Check Register

EDA Monthly Financial Report 2016
EDA MonthlyFinancial Report 2017
Check # GL Date Ck Date Total Amount Vend # Description Acct # Obj Project Doc # Date - Batch (Julian)
Check Total 51.31
Check Total 75.44
Check Total 56.98
Check Total 1.15
Check Total 51.31
Check Total 320.00
Check Total 1,464.88
Check Total 1,025.00
Page 1 of 2
Check # GL Date Ck Date Total Amount Vend # Description Acct # Obj Project Doc # Date - Batch (Julian)
Check Total 484.95
3,531.02 GRAND TOTAL
Page 2 of 2
2/17/2017 8:32:55 AM Page 1 of 1
2/17/2017 8:33:52 AM Page 1 of 1
A.

February 21, 2017
FROM: Samantha DiMaggio, Economic Development Coordinator

TO: Economic Development Authority
Subject:
Downtown Infrastructure & Public Realm Design Construction Documents
Authorize the appropriate staff to enter into a contract with WSB & Associates, Inc. in the
amount not to exceed $100,000 for the preparation of final design specifications, bidding
documents, bidding procedures, and other reimbursable expenses for the Downtown
Infrastructure & Public Realm Improvement Project.
Recommendation:
Staff received bids from both Loucks, Inc. and WSB, & Associates, Inc. Both bids were
comparable in scope but staff is recommending WSB & Associates, Inc. due to the
pricing structure and project timeline.
Discussion:
On January 17, 2017 the EDA directed staff to work with an engineering firm to complete
construction documents and to begin the bid process on or before June 6, 2017. Once the
bidding process has been finalized, staff will return to the EDA for bid award.
Budget Impact:
The $100,000 will come from the Downtown Improvement Fund.
ATTACHMENTS:
WSB Proposal
701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
February 15, 2017
Ms. Samantha DiMaggio

Economic Development Coordinator
City of Shakopee
129 Holmes Street S.
Shakopee, MN 55379
Re: Professional Services Proposal

Shakopee Downtown Improvements - Design through Bidding Services
Dear Samantha:
WSB & Associates, Inc. (WSB) is pleased to present this proposal for professional services related to the
Downtown Improvements Project. The scope of services presented in this proposal is based on
discussions / email correspondence, a site visit with City staff, and our understanding of your needs. WSB
will coordinate all work in accordance with the master services contract for professional services between
WSB and the City of Shakopee (the City/Owner).
PROJECT UNDERSTANDING:
WSB understands that the project has been conceptually planned and the City wishes to proceed with
final design and bidding. The project includes three specific areas of downtown including:
1. The River City Plaza
a. The water feature identified in the master plan is excluded from the project per the
request of the Owner
2. The Gateway Plaza
3. Parking Lot Enhancements (north of 2nd Avenue, east of Lewis Street)
The established budget for the improvements is just over $1.9 million. Of this total budget, $400,000 of
this is dedicated for statues/artwork which the City will commission separately. This leaves approximately
$1.5 million for the Downtown Improvements to be designed and constructed. The project will be funded
completely with city dollars (no county, state, federal, or grant funding is included that may trigger special
project design or construction requirements).
The following information and data has been, or will be, completed by others. The Owner will provide this
data to WSB for incorporation into the final construction plans and bid documents.
1. Detailed cost estimates prepared during the master planning

2. Soil borings / geotechnical data
3. Detailed topographical survey (in AutoCAD *.dwg format)
4. Specific site amenities / products desired to be incorporated into the project
5. Coordination with County and permits for any adjustments within County ROW
6. Coordination with Artist(s) for artwork foundation requirements
7. Coordination with SPUC for lighting/electrical design
a. Information prepared/provided by others will be incorporated into bid documents
BASE SCOPE OF SERVICES
1. Project Kickoff Meeting: The general purpose of this meeting with the Owner is to
confirm key individuals, staff members, and others who will be involved in the project or
have information that will affect the project and general review and discussion about the
issues and concerns related to this project. WSB will include team representatives with
various areas of expertise to bring everyone up to speed efficiently.

Building a legacy your legacy.
Equal Opportunity Employer | wsbeng.com
G:\00-MUNICIPAL\Clients - Cities - Counties\Shakopee\Proposals\2017 Downtown Improvements\WSB proposal - Shakopee Downtown - Design&Bidding.docx
February 15, 2017
Page 2
2. Data incorporation: WSB will:

a. Incorporate the Owner provided survey data into WSB design software and
incorporate into a final base map.
b. Create line work based on .pdf based master plan information and incorporate
into WSB design software.
c. Review the Owner provided soil borings / geotechnical data to gain a full
understanding of the capabilities and limitations of the subsurface conditions.
3. Design / Construction Documents: WSB will prepare final Construction Documents for
the improvements based on the Owner provided master plan and established budget.
These documents shall include plans, details, and specifications in sufficient detail for the
Owner to pursue competitive bids for the construction of the improvements. Specific
scope of work for this task will include:
a. Construction Plans including:
1. Title Sheet
2. Site Removals Plan
3. Site Layout Plan
4. Site Grading Plan
5. Site Utility Plans (stormwater, hydrant relocation, manhole adjustments)
6. Site Restoration / Planting Plan (irrigation plan is not desired by Owner and is
not included in WSB scope)
7. Enlargement Plans
8. Construction Details
a. Typical pavements
b. Custom features
i. City of Shakopee monument sign at River City Plaza
ii. Monument foundation for base of and product recommendation for
Reader Board sign at Gateway Plaza
iii. Foundation and wall core for brick art history walls at Gateway
Plaza
iv. Silva Cells
9. Traffic Control Plan (for Highway 101)
b. Technical Specifications
c. Final Cost Estimate
4. Permits:
a. It is understood that the Owner will coordinate all required ROW and County
related permits for the project. WSB will provide graphics as requested with
notification of at least five working days, including a traffic control plan.
b. It is currently assumed that an NPDES Phase II stormwater permit will be
required for this project due to the level of disturbance. WSB will coordinate the
inclusion of a SWPPP in the plan set and submit for the NPDES permit. The City
will be responsible for the fee.
c. WSB has assumed that the City (LGU) will coordinate the necessary review and
permitting with City staff or other regulatory entity.
5. Bidding Assistance It is understood that the project will be bid as one single package
by prospective bidders. WSB will provide services for bidding assistance associated with
the project including the following:
a. Advertisement for bids
b. Coordinate online plan set availability to contractors as necessary
c. Collect and respond to questions from prospective bidders
d. Issue addenda as necessary
e. Administer/attend the bid opening
f. Prepare tabulation of bids
g. Prepare letter of recommendation for contract award

February 15, 2017
Page 3
6. Deliverables:
a. Meeting summary notes (Kickoff Meeting, 50% Design Review Meeting)
b. One complete paper and digital set of plans; specifications and final estimate of
probable construction costs at 50% completion and 100% final completion.
c. Addenda during bidding
d. Bid tabulation
e. Letter of recommendation to award contract
7. Project Schedule: Based on past projects of similar size and scope, the following
schedule outlines key deadlines and time necessary to complete the work. Although, the
schedule is very aggressive, WSBs team will work as efficiently as possible to achieve a
bid opening scheduled for early June. It is understood that this project will not include
public involvement and that WSB will coordinate with the Owner, directly through the
Citys identified project manager, Samantha DiMaggio.
Consultant Contract Authorization February 22, 2017

Anticipated receipt of topographic survey from Owner February 24, 2017
(required to proceed with design and meet schedule)
Project Startup / Kickoff Meeting February 28, 2017
50% Design Review Meeting April 3, 2017
95% Design Review May 2, 2017
Final Comments Received from Owner May 8, 2017
Publish Advertisement for Bid May 15, 2017 (or sooner)
Bid Opening June 6, 2017
Anticipated Council Award of Bid June 13, 2017
MEETINGS TO BE HELD AT THE CLIENTS OFFICE OR SITE:

1 Project Startup / Kickoff Meeting
1 Design Review Meeting (50%)
1 Bid Opening Attendance
FEES FOR PROFESSIONAL SERVICES
Fees for the services outlined in the proposal above will billed on an hourly basis with a not-to-exceed
total of $97,860.00. Below is a breakdown of the various components of this work:
A. REIMBURSABLE EXPENSES
The following list includes the anticipated reimbursable expenses that will be billed in addition to
consulting fees.
- Courier / delivery costs
- Ad for bid publication fees
- Permit or Agency application fees
B. ADDITIONAL SERVICES
1. Any additional work or change in project scope will be completed on an hourly basis to be
billed in accordance with WSBs general services contract with the City of Shakopee.
This could include expanded design or coordination services, as well as involvement
during construction to answer questions.
C. CONDITIONS AND EXCLUSIONS

1. We will provide all of the professional design services required to complete the plans and
specifications as required for bidding the improvements for this project except the
following:
a. Hazardous waste engineering and remediation
b. Archeological services
c. Wetland delineations and permitting
d. Ecological design services
e. Irrigation Design

February 15, 2017
Page 4
f. Geotechnical Investigation and recommendations

WSB can add these items to our scope at additional fee if they become required.
2. Any additional work or change in project scope will be completed on an hourly basis to be
billed in accordance with WSBs general services contract with the Owner.
3. Owner may terminate project with written notice, but shall be responsible for fees
incurred to date.
The proposed scope and fee presented herein represents our complete understanding of the project
based on available information. If you have any questions or need additional information, please feel free
to contact me at (763) 231-4841. Once again, we appreciate the opportunity to submit this proposal and
look forward to working with you and your staff.
Sincerely,
WSB & Associates, Inc.
Jason L. Amberg, RLA, ASLA

Principal / Landscape Architecture Group Manager
ACCEPTED BY:
City of Shakopee, MN
By
signature
________________________________________
printed
Date

B.

February 21, 2017

TO: EDA Board
Subject:
Service Agreement for the Main Street Program.
Authorization to Enter into a Service Agreement with the Shakopee Area Chamber of
Commerce to provide $25,000 for the Main Street Program.
Recommendation:
Staff recommends approval of the contract with the Shakopee Area Chamber of Commerce
for $25,000.
Discussion:
In late 2013, meetings were held with the businesses located along the 101 Corridor and in
the Downtown Business District. The purpose of the meetings was to find a way to focus
attention upon, and provide for revitalization efforts of this portion of Shakopee.
The City entered into a contract in 2014 to assist in the establishment and operations of a
Main Street Program to assist in the revitalization efforts.
Main Street is now operational and is a certified program at the national level. The
organization is operating under the National Main Street Program's Refresh Program that
creates a very focused agenda. New staff has been hired and one of the program's major
iniatives for 2017 will be an evening concert series in the Downtown. They have already
secured substantial funding.
The Executive Director presented the program of work for 2017 to the EDAC and it was well
received. A copy of the presentation is attached.
The Main Street Program will keep the EDA informed through quarterly updates.
Budget Impact:
$25,000 from the General EDA Operational Fund.
ATTACHMENTS:
Service Contract
EDAC Presentation
Service Contract
This Contract (Contract), made this 21 day of February, 2017 by and between
the City of Shakopee and the Economic Development Authority (CITY) and the
Shakopee Area Chamber of Commerce, a nonprofit corporation organized under the
laws of the State of Minnesota (CHAMBER).
WHEREAS, the CITY requires certain professional services to assist the CITY in
completing its economic development initiatives in the CITYs Downtown Business District
(the Project); and
WHEREAS, the CHAMBER agrees to furnish the various professional services

required by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants and promises

contained herein, the Parties agree as follows:
SECTION I CHAMBER SERVICES AND RESPONSIBILITIES
A. Scope of Services. CHAMBER agrees to perform various Project services as

detailed in Exhibit 1, Scope of Services, attached hereto and incorporated herein by
reference.
1. The CHAMBER agrees to maintain, at its expense, statutory worker's

compensation coverage.
2. The CHAMBER agrees to maintain, at its expense, general liability insurance

coverage insuring CHAMBER against claims for bodily injury, death or
property damage arising out of its general business activities (including
automobile use). The CITY shall be an additional named insured on the
Consultants CGL insurance policy. The liability insurance policy shall provide
coverage for each occurrence in the minimum amount of $1,000,000.00.
3. True, accurate and current certificates of insurance, showing evidence of the

required insurance coverage, are hereby provided to the CITY and are
attached hereto as Exhibit 2.
4. The Shakopee Area Chamber of Commerce will manage a Shakopee Main

Street Program for the benefit of Shakopee. The Chamber will hire a full time
Main Street Director whose activities will be overseen by the Shakopee
Chamber President.
1
SECTION II THE CITYS RESPONSIBILITIES
A. The CITY shall compensate the CHAMBER for services rendered to CITY as part of
the Project $25,000 in two payments of $12,500 each, one in March 2017 and one in
August 2017.
B. The CITY understands that the CHAMBER will seek an extension of this Contract for
2018 and 2019 at the same amount as stated above, which will be subject to CITY
approval. The CITY understands that without approval of the program by the CITY,
the program will cease to operate.
C. The CITY requests that any future requests for extension of this Contract for 2019 or
beyond be made to CITY by June 15, 2018 to be reviewed for recommendation for
inclusion into the CITY annual budget. Requests should be directed in writing to the
Planning and Development Department; City Hall, 129 Holmes Street, Shakopee,
Minnesota, 55379.
SECTION III TERMS AND CONDITIONS
A. Term. This Contract shall commence February 21, 2017 and be in effect until
December 31, 2017.
B. Default. If CHAMBER fails to perform any of the provisions of this Contract or so

fails to administer the services detailed in Exhibit 1, attached hereto, in such a
manner as to endanger the performance of the Contract, this shall constitute default.
Unless CHAMBERs default is excused by the CITY, the CITY may, upon written
notice, immediately cancel this Contract or exercise any other rights or remedies
available to the CITY under this Contract or law.
C. Liability. The CITY shall have no duty or obligation hereunder other than to take
such specific actions as are required of it from time to time by the provisions of this
Contract and it shall incur no liability hereunder or in connection herewith for
anything whatsoever other than any liability resulting from its own gross negligence
or willful misconduct or unlawful acts or omissions. The only duties and
responsibilities of the CITY shall be the duties and obligations specifically set forth in
this Contract.
D. Indemnification. CHAMBER shall indemnify, hold harmless and defend the CITY
from and against any and all losses, claims, liabilities, and reasonable expenses,
including the reasonable fees of its counsel, specifically including in-house counsel
fees, which it may suffer or incur in connection with the performance of any duties
and obligations under this Contract, except for those losses, claims, liabilities and
expenses resulting solely and directly from the CITYS own gross negligence, willful
misconduct, or unlawful act or omission. All indemnification obligations shall survive
termination, expiration or cancellation of this Contract.
2
CITY shall indemnify, hold harmless and defend the CHAMBER from and against
any and all losses, claims, liabilities, and reasonable expenses, including the
reasonable fees of its counsel, specifically including in-house counsel fees, which it
may suffer or incur in connection with the performance of any duties and obligations
under this Contract, except for those losses, claims, liabilities and expenses
resulting solely and directly from the CHAMBERS own gross negligence, willful
misconduct, or unlawful act or omission. All indemnification obligations shall survive
termination, expiration or cancellation of this Contract.
E. Contingencies. This Contract is expressly contingent upon the CITY approving a

budget allocating the funds specified herein for the purpose stated herein. In the
event, for any reason, funds are not included in the approved CITY budget and
available for expenditure for this Contract, then this Contract shall be null and void
without any obligation by the CITY or CHAMBER.
F. Termination. Either party may terminate this agreement upon providing 90 days
written notice to the other party. Due to the fixed costs of starting and managing this
program, regardless of the timing of termination by either party, any payments made
to the CHAMBER by the CITY will not be refunded.
G. Voluntary and Knowing Action. The PARTIES, by executing this Contract, state
that they have carefully read this Contract and understand fully the contents thereof;
that in executing this Contract they voluntarily accept all terms described in this
Contract without duress, coercion, undue influence, or otherwise, and that they
intend to be legally bound thereby.
H. Authorized Signatories. The PARTIES each represent and warrant to the other
that (1) the persons signing this Contract are authorized signatories for the entities
represented, and (2) no further approvals, actions or ratifications are needed for the
full enforceability of this Contract against it; each party indemnifies and holds the
other harmless against any breach of the foregoing representation and warranty.
I. Notices. The PARTIES representatives for notification for all purposes are:
THE CITY:
Bill Reynolds, City Administrator
129 Holmes Street South
Shakopee, MN 55379
(952) 233-9311
breynolds@shakopeemn.gov
Michael Kerski, Planning & Development Director

mkerski@shakopeemn.gov
3
CHAMBER:
Angie Whitcomb, Shakopee Chamber President
1801 East County Road 101
Shakopee, MN 55379
(952) 445-1660
awhitcomb@shakopee.org
Any notice provided for or permitted under this Contract, unless otherwise provided
herein, will be treated as having been received (a) when delivered personally, (b)
when sent by confirmed facsimile or (c) three (3) days following when sent by
certified mail, to the party to be notified, at the address set forth below, or at such
other place of which the other party has been notified in accordance with the
provisions of this paragraph. Such notice will be treated as having been received
upon actual receipt if actual receipt occurs earlier than as provided in clauses (a)
through (c) hereof.
J. Independent Contractor Status. CHAMBER at all times and for all purposes
hereunder, shall be an independent contractor and is not an employee of the CITY
or EDA for any purpose. The CITY acknowledges that no withholding or deduction
for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the
payments due CHAMBER, and that it is CHAMBERs sole obligation to comply with
the applicable provisions of all Federal and State tax laws. CHAMBER shall at all
times be free to exercise initiative, judgment and discretion as to how to best
perform or provide services identified herein. CHAMBER is responsible for hiring
sufficient workers to perform the services/duties required by this Contract,
withholding their taxes and paying all other employment tax obligations on their
behalf.
H. Subcontracting. CHAMBER shall not enter into any subcontract for performance of
any services contemplated under this Contract without the prior written approval of
the CITY. CHAMBER shall be responsible for the performance of all subcontractors
and/or sub-consultants.
I. Assignment. This Contract may not be assigned by either Party without the written
consent of the other Party.
J. Modifications/Amendment. Any alterations, variations, modifications,

amendments or waivers of the provisions of this Contract shall only be valid when
they have been reduced to writing, and signed by authorized representative of the
CITY and CHAMBER.
K. RecordsAvailability and Retention. Pursuant to Minn. Stat. 16C.05, subd. 5,

CHAMBER agrees that the CITY, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit,
4
excerpt, and transcribe any books, documents, papers, records, etc., which are
pertinent to the accounting practices and procedures of CHAMBER and involve
transactions relating to this Contract. CHAMBER agrees to maintain these records
for a period of six years from the date of termination of this Contract.
L. Force Majeure. The PARTIES shall each be excused from performance under this
Contract while and to the extent that either of them are unable to perform, for any
cause beyond its reasonable control. Such causes shall include, but not be restricted
to fire, storm, flood, earthquake, explosion, war, total or partial failure of
transportation or delivery facilities, raw materials or supplies, interruption of utilities
or power, and any act of government or military authority. In the event either party is
rendered unable wholly or in part by force majeure to carry out its obligations under
this Contract then the party affected by force majeure shall give written notice with
explanation to the other party immediately.
M. Compliance with Laws. CHAMBER shall abide by all Federal, State and local
laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted
pertaining to this Contract or to the facilities, programs and staff for which
CHAMBER is responsible.
N. Covenant against Contingent Fee. CHAMBER warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely
for CHAMBER to solicit or secure this Contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from award or making of this Contract.
O. Covenant against Vendor Interest. CHAMBER warrants that it is not employed by

any vendor of equipment or service provider that could result in a commission,
percentage, brokerage, or contingent fee as a result of CHAMBER association with the
CITY.
P. Non-Discrimination. The provisions of any applicable law or ordinance relating to

civil rights and discrimination shall be considered part of this Contract as if fully set
forth herein.
Q. Interest by EDA or City Officials. No elected official, officer, or employee of the CITY
or EDA shall during his or her tenure or employment and for one year thereafter, have
any interest, direct or indirect, in this Contract or the proceeds thereof.
R. Governing Law. This Contract shall be deemed to have been made and accepted
in Shakopee County, Minnesota, and the laws of the State of Minnesota shall govern
any interpretations or constructions of the Contract without regard to its choice of law
or conflict of laws principles.
5
S. No Partnership, Joint Venture, or Fiduciary Relationship. Nothing contained in
this Contract shall be interpreted as creating a partnership, joint venture, or
relationship of principal and agent between the CITY and CHAMBER.
T. Data Practices. The PARTIES acknowledge that this Contract is subject to the
requirements of Minnesotas Government Data Practices Act, Minnesota Statutes,
Section 13.01 et seq.
U. No Waiver. Any Partys failure in any one or more instances to insist upon strict
performance of any of the terms and conditions of this Contract or to exercise any
right herein conferred shall not be construed as a waiver or relinquishment of that
right or of that Partys right to assert or rely upon the terms and conditions of this
Contract. Any express waiver of a term of this Contract shall not be binding and
effective unless made in writing and properly executed by the waiving Party.
V. Severability. The invalidity or unenforceability of any provision of this Contract shall

not affect the validity or enforceability of any other provision. Any invalid or
unenforceable provision shall be deemed severed from this Contract to the extent of
its invalidity or unenforceability, and this Contract shall be construed and enforced
as if the Contract did not contain that particular provision to the extent of its invalidity
or unenforceability.
W. Entire Contract. These terms and conditions constitute the entire Contract between
the PARTIES regarding the subject matter hereof. All discussions and negotiations
are deemed merged in this Contract.
X. Headings and Captions. Headings and captions contained in this Contract are for
convenience only and are not intended to alter any of the provisions of this Contract
and shall not be used for the interpretation of the validity of the Contract or any
provision hereof.
Y. Survivability. All covenants, indemnities, guarantees, releases, representations and

warranties by any Party or PARTIES, and any undischarged obligations of the CITY
and CHAMBER arising prior to the expiration of this Contract (whether by completion
or earlier termination), shall survive such expiration.
Remainder of page intentionally left blank.
6
SECTION VII SIGNATURES
IN WITNESS WHEREOF, the PARTIES have hereunto executed this document

the day and year first above written.
Shakopee Area Chamber of Commerce as provider of Services:
By: Date:
(Signature)
Title: Chamber President
Print Name: Angie Whitcomb
By: Date:
(Signature)
Title: Main Street Director
Print Name: Elliot Johnson
City of Shakopee
By: Date:
Will Mars, Mayor
By: Date:
Bill Reynolds, City Administrator
By: Date:
Mike Luce, EDA President
7
EXHIBIT 1
SCOPE OF SERVICES
Subject to the terms of this Contract, CHAMBER shall perform the following services as
its contractual obligation to the CITY:
1. CHAMBER will utilize the National Main Street Centers Refresh Approach to focus
on three Transformational Strategies for the betterment of the central business district
that will include a focus on economic development and community engagement.
2. CHAMBER will create a Steering Committee and additional committees as

recommended through the Refresh Approach of the National Main Street Center. The
advisory Steering Committee will include two members from the City, including a City
Staff member from the Economic Development Office and one City Council member.
3. CHAMBER will organizationally house and manage the Shakopee Main Street
program. It will manage all personnel and financial activity of the program.
4. CHAMBER will publish an Annual Report in January of each year that will be
distributed to the Shakopee Area Chamber of Commerce Board of Directors, the City of
Shakopee, and the Main Street Steering Committee.
5. Shakopee Main Street annual program budget and scope of work will be submitted
by the Main Street Director and Chamber President to the Chamber Board of Directors
in accordance with all Chamber policies and procedures that govern the entire Chamber
organization.
6. The Main Street Director will present quarterly on an annual basis to the Shakopee
City Council/EDA with scope of work updates on the program.
EXHIBIT 2
8
CERTIFICATES OF REQUIRED INSURANCE COVERAGES
[Certificates of Insurance attached hereto]
9
**Numbersbasedon2016datafromBrookingsConvention&VisitorsBureau

Shakopee Council 2/21/17 Agenda

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Shakopee City Council

February 21, 2017

Shakopee Mission Statement

Mayor Bill Mars presiding

Shakopee City Council

FROM: Mark Noble, Senior Planner

A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE

WHEREAS, two weeks published notice will be given in the SHAKOPEE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

Adopted in ________ session of the City Council of the City of Shakopee,

Shakopee City Council

FROM: Mark Noble, Senior Planner

A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE

WHEREAS, two weeks published notice will be given in the SHAKOPEE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

Adopted in ________ session of the City Council of the City of Shakopee,

Shakopee City Council

FROM: Chris Dellwo, Captain

1. 2003 Chevrolet Cavalier, VIN: 1G1JC52F137386961

Shakopee City Council

FROM: Michael Hullander, Public Works Superintendent

Ag Power Quote - Unit #143

Prepared For: Delivering Dealer:

Equipment Summary Suggested List Selling Price otv Extended

Equipment Total $ 57,557.76

Trade ln Summary oty Each Extended

Trade ln Total $ /4,057.76

Selling Equipment -@E'

Quote ld: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS

JOHN DEERE 5085M Utility Tractor

0409 English Operato/s Manual

Quote ld: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS

8010 Front Fenders Rigid 1 121.ffi $ 431.34 $ 431 .34

Value Added Services $ 0.00 $ 0.00 $ 0.00

Suggested Price $ 57,s57.76

Shakopee City Council

FROM: Jacob Busiahn, Natural Resources Technician

Resolution No. 7832

A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA

WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be

WHEREAS, the tree sale sponsorships of $5,000 from Shakopee Public

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

BE IT FURTHER RESOLVED, the City staff is directed to send a letter to

Adopted in regular session of the City Council of the City of Shakopee,

Shakopee City Council

FROM: Bruce Loney, Public Works Director

A Resolution Approving Plans and Specifications

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

held this _________ day of _____________, 2017.

Shakopee City Council

FROM: Bruce Loney, Public Works Director

A Resolution Approving Plans and Specifications

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

held this _________ day of _____________, 2017.

Shakopee City Council

FROM: Jennifer Gabbard

Resolution 7839 - Leave Donation Policy

A RESOLUTION APPROVING THE LEAVE DONATION POLICY

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,

1. Requests for leave donation

Leave donations can be made only after an employee is forced by a medical

Receipt of donated leave will not be allowed once an employee is judged to be

Shakopee City Council

FROM: Jamie Polley

held this _ day of _____, 2017.

held this _ day of _____, 2017.