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HomeMy WebLinkAbout14.C. Tax Abatement Request by Ryan Companies l~. L.. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council EDA President and Economic Development Authority Mark McNeill, City Administrator / EDA Executive Director FROM: Paul Snook, Economic Development Coordinator ~ SUBJECT: Recommendation from Economic Development Advisory Committee regarding Tax Abatement Request by Ryan Companies US, Inc. for the proposed West Dean's Lake Mixed Use Development MEETING DATE: February 4, 2003 Introduction The Economic Development Authority and City Council are asked to give concept approval to a proposal that would provide economic development financing to a proposed mixed use development by Ryan Companies US, Inc. Background At its January 22, 2003 meeting the Economic Development Advisory Committee unanimously passed a motion to recommend that the EDA / City Council receive an Application for Business Subsidies (for tax abatement) from Ryan Companies US, Inc. (Ryan), and contingent upon Scott County's approval of an abatement request by Ryan, initiate negotiation of a Master Development Agreement with Ryan and Scott County which would specify the terms under which tax abatement would be used to finance, in part, the proposed West Dean's Lake mixed use development. Once the provisions of the Master Development Agreement are determined, it would be presented to the EDA / City Council for approval. Ryan is requesting tax abatement for the development of the proposed West Dean's Lake mixed-use project located at the southeast quadrant of the CR 83 and U.S. Hwy 169. Ryan proposes a "Master Development Agreement" (MDA), which would serve as a framework for partially financing the development of West Dean's Lake through tax abatement. This mixed-use "conservation" development consists of 78 acres of residential, 79 acres of commercial, 65 acres of parkland, open! green space, and abundant setback from Dean's Lake among other conservation features. A task force of City officials including Councilors Bob Sweeney, Terry Joos and Matt Lehman, City Administrator Mark McNeill, Economic Development Coordinator Paul Snook, Economic Development Advisory Committee Chair Jeff Jansen, City economic development counsel Steve Bubul of Kennedy & Graven and Paul Steinman of Springsted, Inc., the City's financial advisor, have been meeting with officials from Ryan Ryan Abate Memo 1-31-03.doc 1 and Valley Green Business Park over the last several months regarding financing this proposed development. Like the Economic Development Advisory Committee, this task force recommends that the EDA / City Council receive Ryan's Application for Business Subsidies for tax abatement, and initiate negotiation of a Master Development Agreement with Ryan and Scott County outlining the use of tax abatement for partially financing the proposed project. According to Ryan's development proforma which has been analyzed by Springsted, the City's financial advisor, the combined cost of site development, infrastructure and fees cannot be economically absorbed by the project without assistance based upon the limited development density required by the conservation development approach versus a more typical development design with more density and few conservation development features. The conservation approach reduces the density of development to 60% of a typical development. The basis for requesting tax abatement/TIP is due to the cost of infrastructure for internal roads, the County Roads 16 & 83 improvements and the costs relating to restoration and maintenance of the conservation area/park/trail ways. The infrastructure improvement necessary to implement the conservation development approach substantially increases project costs and inflates the asking price ofthe land beyond the market for comparable real estate. In addition, the improvements to CR 83 / 16, which is considered an improvement that would serve a broad area (of many benefiting properties) in south Shakopee, would typically be a County capital expense, but the County did not include these improvements in its plan. In order to allow the improvements to happen, the City is assessing Valley Green Business Park for the improvements. Exhibit A is Brauer & Associates' Community Value Statement for the West Deans Lake Area. This document is a supplement to the Deans Lake Area Master Plan completed in July 2001. The objective defined in these documents is to maximize the community values associated with the development to exceed that which is already provided under city ordinance. The key values include: . Maintaining an ecological protection zone and adjoining buffer zone along the lakeshore; . Preserving as much natural open space along the west side ofthe lake as feasible; . Providing a linear trail corridor along the west side of the lake that links to other trails; . Expanding natural open spaces and trails into and through the development area in a meaningful way; . Using ecologically-based approaches to storm water management; . Reducing the extent of impervious surface to the extent possible; and . Establishing an ecological stewardship program for natural areas. It should be noted that the Brauer & Associates' report was created through much input from the community. Ryan Abate Memo 1-31-03.doc 2 Discussion Exhibit B is Ryan's Application for Business Subsidies and preliminary concept plan of the proposed development. Estimated project costs total $243,235,500, with total estimated fee and permit costs of $4,701,510. It is proposed that the City utilize tax abatement in the amount of $923,606 to fund extraordinary costs of infrastructure relating to regional transportation improvements (CR 83 / 16 intersection) and internal infrastructure in support oftheDean's Lake mixed use development. The benefits of this development include: . A Conservation Development as guided by the Deans Lake Master Plan and related Community Value Statement . 83 / 16 Improvements assessments would be met through the abatement . Architecturally appealing scattered affordable residential development may be included . Increase in tax base . Per the City's Business Subsidy Policy, the proposed abatement on the residential portion of the development will leverage/ induce future commercial development, which will in turn: - Create a maximum number oflivable wage jobs; - Provide significant economic impact (multiplier effect) within the community; - Encourage economic and commercial diversity within the community (build to suit corporate facilities that Shakopee has yet to realize on a significant scale); and - Contribute to the establishment of a critical mass of commercial development within the community . Currently in Shakopee there are 1.7 million square feet of vacant commercial space on the market. Absorption of this space along with space around the metro area will take some time. With that level of vacancy and without abatement, the West Dean's Lake conservation development will not be developed; abatement and eventually TIP (which would be individually applied for by companies locating at West Deans Lake) will position this unique property to be competitive in the marketplace. . Retains and expands the City's tax base Exhibit C is a written response from Ryan Companies to questions raised by recent articles in the Shakopee Valley News. Ryan Abate Memo 1-31-03.doc 3 Financing . 1,171,180 square feet of commercial space at a total value of $79,007,803 anticipated to be constructed over a 10 year period. Approximately 700 residential units at a total value of$143,196,730 are anticipated to be constructed over a 3 year period. . Present value tax abatement ($923,606 from the City, and $3,064,608 from the County, totaling $3,988,214) would be collected from the residential part of the project to fund the 83/16 improvements / assessments, commercial improvements and conservation enhancements. . Tax abatement is not abatement in the literal sense of the word. The Minnesota abatement law provides for a tax rebate rather than an exemption from paying taxes. In order for a jurisdiction to utilize abatement, it must make the following findings: 1) That it expects the benefits of the political subdivision of the proposed abatement agreement to at least equal the costs to the political subdivision of the proposed agreement; and 2) That the abatement is in the public interest because it will facilitate at least one of the following: - Increase or preserve tax base; - Provide employment opportunities in th epolitical subdivision; - Provide or help acquire or construct public facilities; - Help redevelop blighted areas; - Help provide access to servIces for residents of the political subdivision; or - Finance or provide public infrastructure; or . Tax increment financing would be considered separately and in the future on qualified commercial developments. Each company / commercial development owner would apply for TIF individual/v. Ryan estimates the build-out of the development to be 10 years . The City's abatement cap will be maximized by the residential part of the project. Under state law, a city's abatement capacity is 5% of its annual levy. The maximum abatement for this project is proposed to be no more than the City's statutory cap minus the CertainTeed abatement, and then 50% percent ofthat result. The other 50% of the City's abatement capacity would not be used for Ryan's West Deans Lake area projects but would be reserved for projects in other areas of town. . The abatement would be structured as "pay-as-you-go" (eligible expenses are paid for as they are incurred). Ryan Abate Memo 1-31-03.doc 4 Enclosed is Exhibit D, a memo and abatement spreadsheets from Springsted Financial Advisors outlining and analyzing the financial components of the Ryan proposal. From the analysis Springsted concludes that the project will not be feasible at a base land price of $4.24 per square foot, without subsidy. Again, based upon the limited development density required by the conservation development as compared with a typical design with more density and few conservation attributes, the cost of site development, infrastructure and fees cannot be absorbed by the project without abatement. If the anticipated build-out takes 10 years, then a subsidy in the present value amount of just under $4 million will be necessary to make this project competitive with other commercial developments in the Twin Cities market. So, but-for the use of tax abatement, this conservation development (that maximizes community values as identified in the Brauer report) will not occur since it is more costly to develop than would develop otherwise. If the conservation development does not become a reality, Valley Green Business Park will likely have to sell the land, and a less desirable development would probably occur. The City's financial consultant Springsted has also provided a report on estimated impact of abatement on other taxing jurisdictions, and impact of abatement on taxpayer in payable year 2007 (the year when the final phase of residential housing is projected to be at full value for tax purposes). The report on estimated impact of abatement on other taxing jurisdictions shows a decrease in local tax rate of 1.74%, while the report on estimated impact of abatement on taxpayer (in '07) shows a total (City & County) annual decrease of $52.19 for a homestead residential property with an estimated market value at $300,000. The $52.19 decrease will be offset by the costs shown in Exhibit E, a memo from City Administrator I EDA Executive Director Mark McNeill outlining levels and costs of City services related to the proposed development and in consideration of the projected abatement, but overall it will still result in a tax savings. Master Development Agreement Following is a tentative summary of business points that would be part of the master development agreement ("MDA") for the West Dean's Lake Development. . Ryan would be the master developer that would seek a residential developer, and seek end-users for each commercial portion of the development. The City would enter into separate contracts for private development with commercial users, to specify individual development requirements and the nature/level of City participation consistent with the MD A. . All assistance will be "pay as you go". The MDA will set parameters for maximum assistance to any user and/or the West Dean's Lake development as a whole. Tentative parameters would include: - Percentage of annual City abatement cap: no more than 50% of annual cap to all end users combined; Ryan Abate Memo 1-31-03.doc 5 - The City would consider creating TIP Districts for qualified companies where permitted by law; - Abatements would be collected from residential property to offset cost of 83/16 improvements and commercial/conservation development costs; - Maximum term of abatement on residential property is 9 years; - Maximum present value dollar amount of abatement would be $3,988,214 . The City would cooperate with Ryan in seeking approval of abatement from Scott County, but obtaining approval is ultimately Ryan's responsibility. . For the commercial portion, the MDA will specify criteria for selection of end users. Factors may include: - Only commerciallindustrial uses. - Type of business: types preferred and/or prohibited - Jobs and wages. Minimums set within MDA and separate contracts - Pro forma showing need - Amount of qualified costs (site work, conservation improvements, etc.). . Residential uses receive no public assistance; although residential property is abated to fund infrastructure improvements and commercial/conservation development. . The MDA would provide that Ryan will be obligated to ensure construction of an agreed-upon amount of development according to an agreed upon schedule. If that doesn't occur, Ryan will be required to repay the abatement assistance it has received. Ryan will not be allowed to transfer the property or its rights in the agreement (other than to commercial end-users) without the EDA's consent. Typically, ifthe new entity is a proven responsible party and will assume all obligations of Ryan, the EDA would approve the assignment. (These provisions are typical in economic development contracts.) Options 1. Receive an Application for Business Subsidies (for tax abatement) from Ryan Companies US, Inc., and contingent upon Scott County's approval of an abatement request by Ryan, direct staff to initiate negotiation of a Master Development Agreement with Ryan and Scott County which would specify the terms under which tax abatement would be used to finance, in part, the proposed West Dean Lake mixed use development. 2. Do not accept an Application for Business Subsidies (for tax abatement) from Ryan Companies and do not initiate negotiation of a Master Development Agreement with Ryan and Scott County for financing the proposed West Dean's Lake mixed-use development. 3. Table and request additional information from staff. Ryan Abate Memo 1-31-03.doc 6 Recommendation Option 1. Action Requested Offer and pass a motion to receive an Application for Business Subsidies (for tax abatement) from Ryan Companies US, Inc., and contingent upon Scott County's approval of an abatement request by Ryan, direct staff to initiate negotiation of a Master Development Agreement with Ryan and Scott County which would specify the terms under which tax abatement would be used to finance, in part, the proposed West Dean Lake mixed use development. Ryan Abate Memo 1-31-03.doc 7 Conservation Development Planning City of Shako pee ., . EXHIBIT A Community Value Statement for Valley Green Development I West Deans lake Area Date: November 27, 20001 (Updated January 4, 2002) From: Jeff Schoen bauer, Vice President Brauer & Associates, Ltd. Conservation Development Planning Consultant to the City of Shakopee Overview - The initiative to undertake a collaborative planning process between the city and the developer for the Valley Green development area was an outgrowth of the Deans Lake Area Master Plan completed by the city in July of 2001. From the city's perspective, the objective defined in the master plan was to maximize the community values associated with the development of this area to exceed that which is already provided under city ordinance. The key values being sought include: ~ Maintaining an ecological protection zone and adjoining buffer zone along the lakeshore. ~ Preserving as much natural open space along the west side of the lake as feasible. ~ Providing a linear trail corridor along the west side of the lake that links to other trails defined under the master plan. ~ Expanding natural open spaces and trails into and through the development area in a meaningful way. ~ Using ecologically-based approaches to stormwater management ~ Reducing the extent of impervious surface to the extent possible. .. Establishihgan ecological stewardship program for natural.areas. City Staff and Consultant Role in the Project City staff's role in the project was to provide information about city development requirements, standards, procedures, and input on a variety of development issues affecting the development's final form. Under the conservation development approach, city staff also took a proactive role in discussing development issues so that the developer had a greater sense of staff's concerns about specific issues. This proved valuable to the city's consultant and the developer as the development plan emerged. The city's consultant, Brauer & Associates, Ltd. (in collaboration with Applied Ecological Services, Inc.), worked with the developer on behalf of the city to prepare a development plan consistent with the conservation development approach to planning as defined under the Deans Lake Master Plan. Importantly, Brauer's express role was to maximize the community values derived from the development in a manner, that was consistent with the Deans Lake Master Plan, as well as the broader vision for the community as a high quality place to live, work, and recreate. Throughout the planning process, the Brauer team, in concert with staff, strove to achieve the highest possible outcome within the context of an economically-viable development. Planning Context From a historical perspecti~e, much debate has occurred in recent years about the development plans for the Valley Green development Area. Ultimately, a preliminary plat for the property was accepted by the City Council, which allows the current land owner to move forward with development of the property in accordance with city requirements. In general, the development proposed by the current owner would be a commercial/business park development consistent with other past developments within the city. If the property is not sold to another party, it would be expected that a "piecemeal" approach would be taken by the current land owner until the site is fully developed. Brauer & Associates, Ltd. 1 c~nservation Development Plannin~ City of Shc*~pee Since the time that the preliminary plat was approved, Ryan Companies US, Inc. (Ryan) has expressed an interest in purchasing and developing the site from the current land owner, under the assumption that a favorable development plan could be . reached with the city through a collaborative planning process. Recognizing the challenges associated with this property in the past, Ryan agreed to work collaboratively with the city in preparing a development plan that maximizes community values while still being an economically-viable development The pretense being that a win-win development solution could be found if the two parties worked together throughout the planning process. Ryan also agreed to participate in this process because the company felt that building a strong level of trust with the city and the neighborhood was necessary if a successful plan was to emerge - especially given the history of the site. The forthcoming community value statement focuses on the values that the city would realize from the development plan being prepared by Ryan to the city for consideration. Note that for comparison purposes, the accepted preliminary plat for Valley Green Corporate Center, often referred to as the Albinson plan, is used to illustrate the key differences between what is already approved and what might be achieved if the Ryan plan is ultimately approved in lieu of the Albinson plan. Comparison of Development Plans For comparison purposes, three development plans have been considered, including: ~ Valley Green Preliminary Plat Development Plan - represents a development plan associated with the preliminary plat approved by the city. (This is also referred to as the Albinson Plan.) .. Ryan Residential/Commercial Plan - represents a proposed plan that includes a residential component in addition to the commercial development proposed under the Valley Green Plan. .. Ryan Commercial Plan - represents a proposed plan that is all commercial, should the city not accept the residential component As a basis for comparison of development plans, Brauer requested that Ryan provide acreage breakdowns for each of the conceptual proposals. These are accompanied with color graphics that relate to the various land use categories. (Exhibit A should be referred to for these graphics and additional acreage breakdowns.) The following table summarizes the key acreage comparisons between development plans. Acreage Totals Under Variol!s Development PI.ans Description Valley Green / Ryan Residential/Ryan Comm. plan Comments Albinson Plan Commercial plan Gross Parcel Area 272.4 272.4 272.4 Remains the same for each plan. Park * 15.8 15.8 15.8 Remains consistent with area defined under (defined as part of Preliminary Plat approved for the site. Indudes about preliminary plat) 10.2 acres of wetland. ROW Dedication 17.7 19.87 22.16 For roadway infrastructure. Wetland Area* 18.0 20.43 10.91 Does not include 10.2 acres of wetland listed under Park in the second row of the table. Net Site Area 220.9 206.32 213.56 Gross Floor Area 85.1 61.84 55.05 Under Ryan ResidentiaVCommercial Plan, floor area for residential is 13.54 acres and 48.3 acres for commercial. . General Green Space 20.7 25.55 19.99 This relates to areas around buildings, parking lots, and Area roadways. Highway Buffer* 6.6 6.7 6.61 This relates to strip along Hwy. 169. , Shoreline 4.4 10.16 8.53 This relates to the 150', 200', and 250, setback areas. Conservation Area* 8.7 38.90 42.83 Brauer & Associates, Ltd. 2 . Conservation Develo ment Plannin ee .. , The information presented i-n the table establishes baseline information about the development and provides pertinent information that is used in the forthcoming summary of community values achieved by the project. Residential Versus Commercial land Use Decision As defined above, one of the development proposals includes a residential component in lieu of commercial/business land uses. This opportunity arose out of the design charrette process (i.e., collaborative design meetings) in which the city's team, led by Brauer, and the developer's team considered various ways to approach land use decisions. From the developer's perspective, the every changing nature of the economy and the land development environment suggests that a residential development could De economically feasible, especially given its location relative to parks, open spaces, and trails. The approved Valley Green, or Albinson, plan, was based on the assumption that the guided land use was the most economically- viable approach and did not pursue adding a residential component to the development From the perspective of the city, Ryan's interest in developing this property presents an opportunity to reconsider past land use decisions if doing so results in favorable outcomes for the city as it strives to maintain a high quality of life in the community, retain its historic character, and foster a strong sense of place in its residential neighborhoods. To this end, there are some compelling reasons for the city to consider this approach, as follows: - ~ The Deans Lake area is a unique community asset that offers the exact type of living environment people hold in high regard _ including nature, trails, open space, parksl convenience to roadway systems, jobs nearby, etc. As defined in Exhibit B, the Deans Lake area is one of a limited number of areas within the city that have these qualities. ~ Higher amenity settings, such as the Deans lake area, tend to hold-up/enhance property values initially and over time. ~ Greater design flexibility of residential (versus commercial) development provides more opportunity to preserve critical open space and natural resource areas along the lakeshore. ~ A "softer" transition between natural open space/park setting and commercial development can be achieved, which is important in that the relationship of this development to the lake affects the character of the entire Deans Lake area. ~ Encroachment of trucks, cars, and larger structures along the lakefront is precluded, which in turn provides a more pleasant aesthetic setting for park and trail users. The vtsion as.definedOfr.r the Deans Lake Master Plan adds strength to this perspective, whereby the master plan seeks to maximize the value of the natural amenities surrounding Deans Lake by creating a high quality living environment. (See Exhibit D.) Under a commercial development scenario adjacent to the lake, the natural amenities of the area are simply used as a buffer between the lake and larger commercial buildings and parking lots. Recognizing that private land development will likely continue to occur over time around the entire lake, the challenge for the city lies in dire~ng that development to the highest and best use of the land in the context of the larger vision for the community. The challenge for the developer rests in presenting a development plan to the city that is compelling enough ~o warrant a revision to past land use decisions. The residential/commercial development plan presented by Ryan attempts to achieve this end. Summary of Community Values Achieved Throughout the planning process, the city' team, lead by Brauer, has focused on maximizing community values in a meaningful way. The following summarizes the extent to which the development proposal was able to achieve these ends. To aid in this evaluation, a comparison between Valley Green's approved preliminary plat and the proposed residential/commercial development by Ryan is also provided. Preserve Natural Features, Habitat. Open Space As indicated in the previous table, there is considerable variability betvveen proposals in the number of acres that are defined as conservation areas - which are defined as lands that will remain as natural open space once the development is completed. Even though the overal! acreage of green space between developments is less pronounced, the Ryan plan offers more acres under conservation area designation. This is of considerable importance in that these lands would be included under a conservation easement that would offer perpetual protection from encroachment or other land uses. (Note that the conservation easement would allow for public trails.) As part of the development package, these easements would be legally recorded with the city to ensure their indefinite protection as natural open space. The developer, however, wou[d still be responsible to manage and maintain these lands, as defined under the forthcoming Stewardship Program. The following table provides a comparison of development proposals. Brauer & Associates, ltd. 3 Conservation Development Plannin~ City of Sha~o,pee Valley Green Preliminary Plat Ryan Residential/Commercial Plan Public Values Achieved/Flexibility Required Green space is absorbed into the Emphasis is placed on consolidating green Considerably more natural resource/open development plan, with much of it space lands into meaningful natural open space lands would be restored and preselVed consumed in areas of limited direct space areas that have greater community under the Ryan development plan. community value - e.g., around buildings, value. These natural areas would also be Meaningful linkage to the other natural areas in right-oF-ways, between parking lots, and used to buffer adjoining land uses, around Deans Lake would also be created, in unconnected green space. especially near the lakeshore. which has ecological and wildlife values. The Conservation Area Acreage Totals _ conservation areas also provide the Conservation Area Acreage Totals _ opportunity for using ecologically-based Park rand under prelim. plat: 15.80 ac. Park land under prelim. plat: 15.80 ac. stormwater management techniques, as well Wetland area: 18.0 ac. Wetland area: 20.43 ac. as providing more public trails. Highway buffer: 6.6 ac. Highway buffer: 6.7ac. Shoreline conservation area: 4.40 ac. Shoreline conselVation area: 10.16 ac. Note that some flexibility On certain city Natural open space area: 8.70 ac. Natural open space area: 38.90 ac. standards would be required, as defined by Total: 53.5 ac. Total: 91.99 ac. the developer's package. Agreement Parameters: Under the agreement framework, th~ city and developer would continue to collaborat-e on the actual landscape design for the natural/conservation areas. This would include preparing the specifications to be used for native plant materials selection. Note that under the agreement parameters, the developer would be responsible for all costs associated with restoring the natural areas. The level of commitment by the developer to restoring natural areas would be defined as part of the formal development package submitted to the city to ensure consensus on this issue as part of the formal approvals process. Exhibit D provides an overview of the vegetative plan concept Maintain Ecological, Protection Zone Along lakeshore As defined under the Deans Lake Area Master Plan, protecting the ecological and natural aesthetic qualities of the west shoreline of Deans Lake was of considerable, and justifiable, importance to the community and neighborhood. Under the existing city ordinance, if the proposed development is of a comm~rcial/business nature, the minimal requirements associated with the shoreline include: .. 150' structure setback from the ordinary high water mark. (200' under a residential land use.) .. Visual screening from the lake to a level of 75% opacity during leaf-on conditions. .. Lacking ability to provide visual screening, an additional 150' setback is required, totaling up to 300' from the ordinary high water mark. , Whereas the Valley Green development plan is obligated to achieve these minimal requirements, applying the opacity ordinance does offer some challenges in terms of how that is functionally determined. Under the Ryan development plan, the proposed residential development setback from the shoreline is a minimum of 250'. This is of considerable importance in that not only is the ordinance exceeded, the additional land adjacent to the lake also provides more area to restore working ecological systems that have both an aesthetic and functional value. As part of the development package, the shoreline would be included under a conservation easement that would be legally recorded with the city. The developer, however, would still be responsible to manage and maintain these lands, as defined under the forthcoming Stewardship Program. The following table provides a comparison of development proposals as it relates to the shoreline. . , Brauer & Associates, Ltd. 4 Conservation Development Plannin~ City of Shako pee .. " Valley Green Preliminary Plat Ryan Residential/Commercial plan Public Values Achieved/Flexibility Required Minimal standard would be met, with Developer responded to the city's desire to Under the Ryan plan, the shoreline area some opportunity to go beyond the increase the shoreline setback to the would be covered under a conservation ordinance if it fit the development maximum depth possible. The residential easement, thus providing additional footprint Challenge would be the opacity development footprint provided more assurance that it will never be encroached issue, with the developer potentially using flexibility in achieving this than did the upon. The major benefit to the city is greater approaches to achieve opacity that are not commercial development, which tends to protection of the shoreline, greater consistent with ecological objectives set for be more rigid and of a larger scale. opportunity for buffering the trail from the along the shoreline. development, and more opportunity to Conservation Area Acreage Totals _ restore functioning ecological systems Conservation Area Acreage Totals _ 1 SO' setback line: 4.40 ac. adjacent to the lake. Within 150' setback line: 4.40 ac. Additional setback to 200': 2.87 ac. Total: 4.40 ac. Additional setback to 250': 2.89 ac. Note that some flexibility on certain city Total: 10.16ac. standards may be required, as defined by the developer's package. Agreement Parameters: Under the agreement framework, the city and developer would continue to collaborate on the actual design for the restoration plan for the shoreline area. Of particular importance would be defining how this area would be restored to achieve ecological objectives as well as creating a visual buffer between the lake and the development Note that under the agreement parameters, the developer would be responsible for all costs associated with restoring the shoreline area. The level of commitment by the developer to restoring natural areas would be defined as part of the formal development package submitted to the city to ensure consensus on this issue as part of the formal approvals process. Exhibit 0 provides a cross-section of the intent of the shoreline restoration. Ecologically-Based Approach to Stormwater Management Using ecologically-based approaches to stormwater management to increase levels of infiltration on the site, slow the release rate of stormwater to downstream systems, and improve overall water quality in the process was a major objective for the city's team. Whereas the Valley Green development plan followed standard practices and city standards in this regard, the city's team saw numerous opportunities to take a more ecologically-based approach to stormwater management on the site. Specific opportunities include: ~ Using natural systems in lieu of mechanically engineered systems to control stormwater runoff. This includes natural drainage swales, infiltration "rain gardens", and ecologically-based ponding/wetland systems. I> Managing stormwater on-site to avoid the need for off-site stormwater ponding. I> Using natural systems to infiltrate stormwater along the shoreline to reduce flow rates into the lake and maintain very high water qualities that exceeds that which is typically achievable using traditional NURP pond systems. .- Reducing the extent of impervious surface to the extent possible to minimize the need for built stormwater management and conveyance systems. Note that the stormwater management system would be an integral and seamless part of the natural areas, whereby the desired public open space values are achieved at the same time. Exhibit E highlights some of these opportunities in graphic form. The following table provides a comparison of development proposals as it relates to the stormwater management. Valley Green Preliminary Plat Ryan Residential/Commercial plan Public Values Achieved/Flexibility Required Follows typical stormwater management The goal with the stormwater system as Under the Ryan plan, the developer would approach, with significant use of NURP proposed is to manage stormwater in an be managing stormwater onsite as part of a ponds. lacking an interconnected natural ecologically-sound manner that is beneficial larger natural open space system. The public system (as shown on the Ryan plan), ' to the site and downstream systems. would benefit through an increase in open greater reliance on built storm sewers space and also be assured that stormwater Is would be expected - which reduces the managed in an ecologically-favorable capacity to infiltrate stormwater onsite. manner. The project would also be an example of how the city can work with the development community to better manage stormwater onsite to reduce the dependance and cost of developing offsite stormwater management systems. Brauer & Associates, Ltd. 5 . Conservation Development Plannin~ City of Sha~opee Agreement Parameters: Under the agreement framework, the city and developer would continue to collaborate on designing the ecologically-based stormwater management system. Note that city engineering staff would be particularly iiwolved in tbis aspect of the project to ensure that the final plan would meet or exceed all city standards and requirements. Although the design for the system would be collaborative, the developer would ultimately be responsible for the system's final function and performance once built Note that under the agreement parameters, the developer would be responsible for all costs associated with creating the stormwater management system. The level of commitment by the developer to doing so would be defined as part of the formal development package submitted to the city to ensure consensus on this issue as part of the formal approvals process. Exhibit E provides an ovelView of the stormwater management plan concept. Maximize Park and Trail Opportunities Consistent with the vision of the Deans Lake Area Master Plan, maximizing park and open space opportunities in this development area was a major objective of the city's team. Whereas the Valley Green development plan is obligated to provide a linear trail along the shoreline, there are few assurances that additional trails would be provided within the development area itself. Although sidewalks and other types of trails would have likely been included in the Valley Green development plan, the true public values ,?f those amenities is uncertain since they would not be located in a defined park area or natural open space - that connects to the larger system. Under the Ryan Plan, a looped core trail system would be integrated into the natural open space conservation area that runs through the development This loop would connect directly to the linear trail along the shoreline, which then links directly to the larger trail system proposed under the Deans Lake Area Master Plan. With respect to parks, both development scenarios in dude the 15.80 acres of park land and park dedication fund commitments defined under the Valley Green preliminary plat. Each also includes the 1 SO' shoreline setback area and other adjoining open spaces. From that point, however, the differences are substantial in that all of the land area previously defined as conselVation areas under the Ryan plan would be open space that could be enjoyed by the public via trails and visually as one drives through the development. (See Exhibit D.}The following table provides a comparison of development proposals as it relates to the parks and trails. Valley Green Preliminary Plat Ryan Residential/Commercial Plan Public Values Achieved/Flexibility Required Parks and open space land totals 28.90 Parks and open space land totals 64.86 Considerably more miles of trails are acres (as defined on page 4). acres (as defined on page 4). provided under the Ryan plan. Of equal importance, the location of those trail are in Length of trail along shoreline is Length of trail along shoreline and through high value settings that appeal to people, approximately 0.96 miles. the conservation area within the versus along a busy roadway with little visual development is 2.72 miles. Small and physical separation between the trail neighborhood park(s) would also be users and vehicular traffic. provided for residential area, as would public access to trails. - Agreement Parameters: Under the agreement framework with the developer, the city would be involved in determining where the trails would be located in the various conselVation areas as defined on the Ryan plan. Exhibit D provides an overview of the trail system within the development. The developer would be responsible to connect these core trails to individual development sites as they are developed. Note that under the agreement parameters, the developer would be responsible for all development costs associated with the park and trail system considered above. The developer would also remain the owner of the land and be responsible for long-term maintenance of the trails. (The city would be assured public access to the trails through a legal agreement) , , Ecological and Ornamental landscape Stewardship Program To ensure the long-term vitality and health of the natural ecological systems within the conservation easements, parks, and natural areas, the developer has agreed to create and implement a stewardship program. Although the City of Shakopee does not currently have such a program, there are numerous models that can be used as a basis for developing a program for this specific site. Since this is new to the city and developer, development of the program would be undertaken jointly as part of a continued collaboration on the project. Brauer & Associates, ltd. 6 Conservation Development Planning City of Shako pee '" Spe~ific agreement parameters most often associated with this type of program include: ~ Initial restoration of the natural systems contained within the conservation easements and defined natural areas. The developer would agree to complete this work as part of the site development and in accordance with the Stewardship Program's specifications. The city would work with the developer to ensure that methods used are consistent with the city's expectations. Note that a word of caution is required with respect to wetland systems associated with Deans Lake. The practicality of restoring these areas requires additional evaluation since it is uncertain as to how effective restoration of these areas can be given the changes that have occurred over time in lake levels and the ecological systems affected by those changes. ~ Year~tlT~year management of natural areas located within the conservation easements and natural areas. This includes maintenance of the ecologically-based stormwater management system to ensure it functions properly. In addition to the stewardship of natural systems, the developer has also agreed to manage and maintain all ornamental landscapes throughout the site. This would include landscaping that is either on a specific piece of property as well as that is found within the public rights-of-ways. The following table provides a comparison of development proposals as it relates to the ecological stewardship. - Valley Green Preliminary Plat Ryan Residential/Commercial plan Public Values Achieved/Flexibility Required Developer would be responsible for all Developer would be responsible for Long-term assurance that the natural areas ornamental landscape outside of the city stewardship of both ornamental landscapes and ornamental landscapes wiU be managed rights-of-ways and defined natural areas. and natural areas throughout the properly in the future would be assured Would likely not propose significant development The stewardship program under the Ryan plan. Whereas the landscaping in public rights-of-way since would be a legally-defined perpetual ornamental landscape under the Valley city would not want to provide long-term obligation of the developer. This would Green plan would be maintained, there is maintenance. likely be achieved through a little assurance of a long-term commitment to homeowners/business association that the natural areas. Likely to be little ongoing commitment to would be set up by the developer. ecological stewC).rdship, other than the initial restoration of the site during development Agreement Parameters: Inasmuch as maintaining the ornamental landscape is common place, establishing a stewardship program for the natural areas within the development is of equal importance. Under the agreement framework with Ryan, a stewardship program would be prepared and implemented as part of the development package. This would include a legal agreement with the city that would obligate the developer to long-term financial s~pport of the program. The city's role under the agreement would be limited to periodic oversight to ensure that the plan is being appropriately implemented. Exhibit F provides an example of a legal agreement between the city and the developer for natural areas. This agreement would be expanded to cover ornamental landscapes as well. An overview of the potential costs that would be incurred by the developer for implementing a natural area stewardship program is also provided. Note, however, that this will require refinement as the project moves into final d~sign, list of Exhibits The following is the list of exhibits previously referred to: ~ Exhibit A - Development concepts with acreage breakdowns. ~ Exhibit B - Aerial of city illustrating the setting of the development .. Exhibit C - Deans lake Area Master Plan. ~ Exhibit 0 - Conservation easement delineation (parks, open space, and trails). Exhibit E - Stormwater management plan concept for Ryan development plan. , ~ ~ Exhibit F - Stewardship program example, with cost projections and funding approaches. Brauer & Associates, Ltd. 7 , ~onservation Development Plannin~ City of Shakpl?ee Developer's Package . The Community Values Statement and accompanying exhibits define the community values that would be derived from the Ryan development plan should it be accepted by the city. The accompanying Developer's Package provided by the developer defines the development package being proposed in more detaiL Specific information requested of the developer by the city's consultant to be included in the development package includes the following: .. Development plan, illustrating the various aspects of each of the three development plans. .. Acreage and area breakdowns for each plan. .. Residential component: - Type of housing units proposed, induding elevations showing character and square footage. - Anticipated market value. - Total number of units proposed, including units per acre breakdown. - Variations from city standards, if any. - Strategy for development and expected timeframe for completion. .. Commercial/business component: - - Type of development envisioned and expectation of marketplace during development cycle. - Variations from city standards, if any. - Strategy for development and expected timeframe for completion. .. Rights-of-way and roadway related: _ Rights-of-way widths for all streets being proposed, with cross-sections. - Roadway widths, with cross-sections. - Provisions for utility easements. Intent of Concept Review / Next Step in the Planning Process The intent of the concept review phase of the project is to set forth, in good faith, as complete of a development package for the Valley Green development area as possible for consideration by the Planning Commission and City Council. Through collaboration and cand id discussions prior to formal submittal, the prospects for arriving at a development plan that will offer high community values while being economically-viable is considerably enhanced. The concept review phase includes: 1) Meeting with local neighborhood group to review development plan and receive feedback. 2) Meeting with Planning Commission to review development plan and address pertinent issues and concerns. Although a formal vote will not be taken, candid feedback from members is desired. 3) Meeting with City Council to review development plan and address pertinent issues and concerns. Again, no formal vote will be taken, but candid feedback from members is desired. At the end of the concept review, the city's and developer's teams will address all pertinent issues and concerns and determine how the project should move forward. Assuming that the project has merit after the concept review phase, the developer will - prepare a formal submittal to the city for the project As previously defined, this would include continued collaboration - between the city and the developer to ensure that the agreements made in principle are actually realized as part of the formal development package. (Note that city staff has prepared a possible timeline for the formal approvals process that is included in the concept review package.) City Team Role in Refining the Development Package As defined ab9ve under the agreement parameters, the city's team would have a continuing role in planning and designing the development through subsequent phases. This continued involvement provides the city with greater assurance that the development agreement proposed under this concept review and in formal development submittals yet to come are adhered to and that the city's interests as set forth under the agreements are protected. With respect to professional fees, the developer has agreed in principle to set aside funding in an escrow account to cover future costs incurred by the city for consultants working on its behalf on the items listed under the agreement parameters previously defined. The extent and terms of this agreement would be defined as part of the formal approvals process to protect the interests of the city and the developer. Brauer & Associates, Ltd. 8 Conservation Development Planning 1 City of Shakopee - 'i:} Summary Statement Through the collaborative effort between the city and developer, the development plan presented here offers the city the opportunity to achieve higher community values than the previously approved Albinson plan. The collaborative process also gives the city an opportunity to revisit previous land use decisions and determine the land use option that best serves its interests in maintaining a high quality of life in the community. Through each teams' recognition and respect for each others objectives, concerns, and perspectives, a plan emerged that is believed to capture the essence of the conservation approach to development. This was done in spite of the fact that the site itself was challenging and that both restraint and flexibility were needed to reach an agreeable and successful conclusion. From the perspective of the consultant working on behalf of the city, a very reasonable and responsible balance between ecology, culture, and economy has been reached for this site. It is our opinion that each party worked together in good faith and that a superior development proposal resulted for consideration by the Planning Commission and City Council. - , H:\JEFF\2000\OO-38 Dean Shakopee\Valley Green related\value statement file nov 29\community value statement.wpd Brauer & Associates, Ltd. 9 EXHIBIT B January 24, 2003 Mr. Paul Snook Economic Development Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Paul: Enclosed for your review is an application requesting tax abatement assistance in support of the Dean's Lake Master Plan Mixed Use Development. As you are aware Ryan Companies has been working in conjunction with the City staff and members of the EDA/City Council/Planning Commission for almost two years in order to accurately and thoroughly identify project costs and design characteristics that will allow implementation of the "Conservation Development Approach" for the designated property. As part of this process the City has enlisted Springs ted, Inc. to undertake a fiscal analysis regarding the use of tax abatement to fund extraordinary infrastructure costs that are essential to the development of this project. Based upon the recommendations that have emanated from this analysis, Ryan Companies is respectfully submitting an application for formal consideration of assistance to the EDA/City Council. Ryan believes that with City support the proposed $243 million project will yield substantial long-term benefits to the community and its' residents. Ryan understands that approval of this request by the City is an essential milestone to realize the vision of this quality development opportunity. If the City Council and EDA approve the request, Ryan will proceed to solicit approval from the Scott County Board to participate in a like manner. I believe that to this point the process has resulted in the formulation of an excellent development concept and look forward to receiving a favorable response from the City and County so that the project may become a reality. Please contact me with any questions regarding the application or other submittals enclosed herein. Thank you for all of your assistance in this regard. Sincerely, Kent M. Carlson Vice President of Development CITY OF SHAKOPEE Application for Business Subsidies S COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee, MN 55379 Phone (952) 445-3650 Fax (952) 445-6718 Section I: General Information ** With this application, please submit a formal letter requesting the assistance. 1. Business Name: Ryan Companies US, Inc. 2. Address: 50 South Tenth Street, Suite 300 Minneapolis, MN 55403 3. Contact Person: Kent Carlson 4. Telephone: (612) 492-4229 5. Fax: (612) 492-3229 6. E-Mail: kent.carlson@ryancompanies.com 7. Brief Description of the Business / Company: Ryan Companies has 50+ years experience in designing, constructing, developing and managing commercial, industrial, institutional and residential proiects. 8. Parent Corporation, if any: N/ A 9. Consultant information, if applicable: Name: Roger Guenette - Advance Resources for Development, Inc. Address: P.O. Box 3027, Mankato, MN 56002 Telephone: (507) 387-7117 Fax: (507) 387-6115 E-Mail: guenette@hickorytech.net Name: David Sellergren - Fredrikson & Byron Address: 4000 Pillsbury Center: 200 South Sixth Street: Minneapolis, MN 55402 Telephone: (612) 492-7136 Fax: (612) 492-7077 E-Mail: dsellergren@fredlaw.com 10. Type of Subsidy Requested: o Tax Increment Financing ~ Tax Abatement 11. Amount of Subsidy Requested: $923.606 present value 12. Public Purposes of the Subsidy: To fund extraordinary costs of infrastructure relating to regional transportation improvements (County Road 83/16 intersection) and internal infrastructure in support of Dean's Lake Master Plan Mixed Use Development. 13. Location of Proposed Project: NE quadrant County Road 83 and US Highway 169 14. Legal Description of Project Location: See attached Exhibit A 15. Property Identification Number(s): 27-042001-0~ 27-909010-0~ 27-9090ll-0~ 27-909008-0~ 27 -909009-0~ 27-910008-0 16. Present Ownership ofthe Site: Valley Green Business Park L.P. 17. Name / Description of the proposed project (Attach site plan, if available): Dean's Lake Master Plan Mixed Use Development (site plan attached) 18. Size of the Property 272 acres 19. Estimated Total Building Square Footage Commercial Industrial Space approx. 1,200.000 sq. ft. 700 units of residential 20. Estimated size ofthe Proposed Facility: Manufacturing / Assembly / Processing sq. ft. Office sq. ft. Research Laboratory sq. ft. Warehousing sq. ft. Other (Please Specify ) sq. ft. TOTAL Approx. 1.200.000 sq. ft. The breakdown of square feet to be developed per the categories identified above is unknown at the present time. 21. Estimated Project Costs: Land Acquisition $ 11 500,000 Site Development (grading, landscaping, etc.) $ 16,830,356 Building Cost $ 200,460,790 Street/Road Improvements (include your costs only) $ 3,800,000 Utility Improvements (include your costs only) $ 3,352,734 Capital (machinery and equipment) $ Unknown Professional Services (archit., engin.,legal, fiscal) $ 955,000 Fees and Permits (same as total from below) $ 4,701,510 Other (Marketing, Signage, Conservation restoration and $ 1,635,1 10 Pedestrian Trail) TOTAL $ 243.235.500 22. Estimated Fee and Permit Costs: City Permits and Fees $ 4,701,510 (Grading and Building Permits, Park Dedication Fees, etc.) Metropolitan Council Fees $ (SAC and WAC Charges) Other fee or permit costs $ (Please Specify ) TOTAL $ 4.701.510 23. Indicate the proposed start date for construction and estimated date of completion: The infrastructure construction of County Roads 16&83 has begun. The internal infrastructure construction will begin in Spring, 2003. The residential development will begin in Spring 2003 and be completed in 3 years. The C/I construction will begin in summer/fall 2003 and be completed in 7-10 years. 24. Proposed Financing Source(s): Equity $ 28,000,000 Bank Loan/Taxable Revenue Bonds $ 204.466,127 (Check one): o Tax Increment Financing, OR ~ Tax Abatement (City) $ 923,606 fudustrial Development Revenue Bonds $ Other Local Government Assistance $ 3,064,608 (please specify County Tax Abatement ) 429 Improvement Bonds $ 2,981,159 County Road 16/83 Assessment Bonds $ 3,800,000 TOTAL $ 243.235.500 25. If tax increment financing is requested, please submit a list of eligible project costs (Refer to Section V of the Business Subsidy Policy): N/A 26. The City reserves the right to request tax returns and/or other financial statements from the applicant for the years of operation. 27. The City reserves the right to request three bank references from the applicant. Section II: Employment, Wage and Benefit Information A. EMPLOYMENT 1. Does this project involve the relocation of jobs within the State of Minnesota? DYes [gJ No a. If so, provide a statement of why the project cannot be completed at its current location / facility: N/A b. Number of full time equivalent (FTE) permanent employee positions at current Minnesota location / facility to be relocated to Shakopee: N/A 2. If the project is an expansion of an existing Shakopee facility, what is the current number ofFTE permanent employee positions? N/A 3. Estimated Number of FTE permanent employee positions to be created (within 2 years of issuance of Certificate of Occupancy) as a result of the project 886 iobs \Jroi ected within two years and 4.430 iobs projected within 10 years. 4. TOTAL number of current and estimated new FTE permanent employee positions (No.2 + No.3 from above) 886 B. WAGES 1. What will be the minimum hourly wage (exclusive of benefits) of the FTE permanent employee positions created by the project? $ 35,OOO/year estimated average wages/salaries 2. The hourly wage of each new permanent FTE employee position, with separate bands of wages, is as follows: Because this project request for assistance is to fund infrastructure in support of a master plan mixed use development it is not possible at the present time to identify and detail specific employment positions and related wages/benefits. Total Number of Wage Levels Per Hour FTE Permanent Employee Positions Less Than $12.00 $12.00 - 16.99 $17.00-21.99 $22.00 - 26.99 $27.00 - 31.99 $32.00 and Over C. HEALTH INSURANCE BENEFITS The value of health insurance benefits provided by the employer for the above referenced jobs, separated by bands of wages, is as follows: Wage Levels Per Hour Value of Health Insurance Benefits Less Than $12.00 $12.00 - 16.99 $17.00 - 21.99 $22.00 - 26.99 $27.00 - 31.99 $32.00 and Over EXHIBIT A LEGAL DESCRIPTION Parcell: The Southeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota Parcel 2: Lot A, Registered Land Survey No.6, Scott County, Minnesota, EXCEPT Parcel 74, Minnesota Department of Transportation Right of Way Plat No.70-11 as the same are on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota Parcel 3: The Northeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota; EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of way Plat No. 70-12 on file and of record in the Office ofthe Registrar of Titles in and for Scott County, Minnesota Parcel 4: The Southwest Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota; EXCEPT THE FOLLOWING: Commencing at a point 32 rods north of the Southwest corner of the Southeast Quarter, thence running East 13 rods, thence North 10 rods, thence in a Northwesterly direction about 13.700 rods to a point 46 rods north of said Southwest corner of the Southeast Quarter, thence South 14 rods to the place of beginning; EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-11 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota Parcel 5: . Government Lots 1 and 2, and the West 601.13 feet of Government Lot 3, Section 10, Township 115, Range 22, Scott County, Minnesota, including the accretions and relictions thereto; EXCEPT that part of Government Lots 1 and 2 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-12 and that part of Government Lot 3 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-13, all in Section 10, Township I 15, Range 22, on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota Parcel 6: That part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 32 Rods north of the Southwest corner of the Southeast Quarter, thence running east 13 Rods, thence North 10 Rods, thence in a Northwesterly direction about 13.7 Rods to a point 46 Rods North of said Southwest comer ofthe Southeast Quarter, thence South 14 Rods to the place of beginning. --- --.., --'- - -- --- I \ I - - - 1 - -- - - - - - -- i I ' " I I , - - - - I - IUtlHTAY 101/1116 BY-PASS t I I --="~'--r----'~\ ,-...~ ..~.. - I ,. - . .. -. )---.~ -- l 81C!d'.iY 161/169 BY-P..t.<;S r . I ..-/- I ,../". I I I ... ,- ----~ ../ / ~-----,....L--",- / I ( -r -,.---- -- -~_Ll r-...c-......._ r r- "'~. -;--:- -c-""'iI. -r I I _' J /, __~..__f i ..:.. =:-=-:'1.-,. ..::. r./ ./;,r."_~......- I '; - -~~~?--~=:-:::-~-=---'/ I 1,'",/' g- , I \' \ \ ~ I { I \ I I I DEAN I.AKE I 0_ . 747.0 lOOYll FLOOD . 7....0 I ." .... - , ~.. - ----. 1 l J , > -\S, ~!, /" .- ~..~. - / } ,- ~ ----- ...~. ){ ........~-~..., '- .., ':f~ ;'" I I . " .. f, " \""..)1 - - -=::::::--.. - - --- ~~ ~ ~~~) ~~ /' " " ...!Jl1 v"" ...;.. ,-=:--.~ ~ "J '0: ,) < " ~ --------.:. - I ..... -. -- -- ~ '~, -- I - - 1 , :' --- , ...""""-., . I - ~ . ,- "'" NORTH ~ Ryan Companies US, Inc. a\1_.~ y a.Uil., t..'i., Hol"loA.11,. 0.. RI.K Creating..""",,,,,! 0 150 JOO '50 ~!iGoAT""sv.c So.w)110 ~...---. .11M1.MIDO I ~ r--- , SCALE IN FEET ( ",llrSIS"'t) 1;1'11) Communities ~ Shakopee, Minnesota Date: December, 2002 RYAN COMPANIES US, INC. IYAN 50 South Tenth Street, Suite 300 Minneapolis, MN 55403-2012 WWW.RYANCOMPANIES.COM 612-492-4000 tel BUILDING LASTING RELATIONSHIPS 612-492-3000 fax January 31,2003 EXHIBIT C Mr. Mayor and Members of the City Council City of Shakopee 129 South Holmes Street Shakopee,~ 55379 Dear Mr. Mayor and Members of the City Council, I want to provide you with some additional information regarding our tax abatement request in light of the questions that have been raised by recent articles in the Shakopee Valley News. The City of Shakopee, along with Valley Green and Ryan, has been working diligently over the past two years on the Valley Green Corporate Center. This master planned, mixed-use development is a unique project that is designed to help meet the needs of Shakopee as it continues to grow. The Concept Development Plan Process was led by the City's planning consultants, Brauer Associates. The collaborative process included neighborhood open houses along with design review meetings with neighbors and interested stakeholders. The results of this effort produced a high quality development plan that incorporated the Conservation Development Approach. The project now includes a number of community values that were very important to the residents and stakeholders: 1. 65 acres of parkland, green space, and conservation area including greater setbacks from Dean Lake 2. Extensive trail system linked to other areas within the community 3. Private associations will maintain parks and trails within the development 4. Park dedication fees will still be paid along with the 65 acres of parkland/green space 5. Reduced traffic volumes because of the mixed use nature - reducing volume during rush hour by 25-30% 6. Ecologically-based stormwater management 7. Affordable housing - Ryan and the County are exploring a program to provide first- time home buyer assistance 8. Funding for County Road 83/16 improvements including the elimination of a dangerous intersection The Conservation Development Approach also resulted in a reduction of commercial development and an increase in costs. In June 2002 after the pricing process had been completed we approached the City Staff to discuss our development budget and the potential of financial assistance. Ryan's approach has always been to develop a public/private partnership to successfully market the Valley Green Corporate Center and the community to the high quality businesses that can provide head-of-household employment opportunities. lanuary 31, 2003 Page 2 of3 The City Council appointed a task force consisting of Council Member Sweeney, Council Member Lehman, City Administrator Mark McNeill, Economic Development Coordinator Paul Snook, the EDA, attorneys, Steve Bubul and their fiscal consultant, Paul Steinman from Springsted, Inc. We initially met a number of times to review our project, our project costs and current market information. Council Member Sweeney and Council Member Lehman diligently pursued our cost and market information in an effort to validate our request. During the process Council Member Sweeney's health deteriorated and unfortunately he passed away. Council Member 100s was then appointed and he quickly studied the background information to gain understanding of our discussions. Council Member Lehman, Council Member 100s and Council Member Sweeney, from the very beginning, have made it abundantly clear that the City will take no risk with regard to our project. The assistance will be performance-based only and will also be linked exclusively to the public infrastructure necessary for the commercial development. The basis of our request is for assistance to pay for the extraordinary infrastructure costs associated with the commercial development. County Road 83 & 16 improvements are part of a regional transportation system upgrade that eliminated a dangerous intersection and provide capacity for the continued growth throughout this region. The cost of these regional transportation systems are typically bourn through the County. Unfortunately the County did not have available resources. Our proposal pays all of the assessments levied against the residential portion of the development at the time of closing with the residential builder. The development will also have a positive financial impact on the community. Based on the information that Springsted, along with City Staff, has provided the development will make a positive contribution to the City's general fund. The City's portion of the real estate taxes provided by the residential development is estimated at $525,000. The cost of servicing the development is approximately $280,000 and utilizing the tax abatement limitation of$152,000 a net contribution of $93,000 will be available to the general fund for the community at large. We believe that this unique approach for a master plan mixed-use development utilizing the Conservation Development Approach can provide a high quality residential development along with a unique business environment to provide head-of-household employment opportunities. We have all invested a tremendous amount of time, energy and effort into the development of these plans to meet the needs of all of the stakeholders. We sincerely hope that you will endorse our project by voting YES on Tuesday night so that we can move to the next step of meeting with the County to discuss their contribution to this project. 1/31/03 January 31, 2003 Page 3 of3 Sincerely, Kent M. Carlson Vice President of Development 1/31/03 85 E. SEVENTH PL:\CE, SUITE JOO SAfNTPAUL,MN 55101-2887 65 I -223-3000 FAX, 651-223-3002 SPRINGSTED ff .1driso!5 to {he Pu/,jj( '\,;'uur ~! Z EXHIBIT D . ..," Y...~.J MEMORANDUM - For EDAlCouncil Meeting February 4, 2003 TO: Mark McNeill, City Administrator Paul Snook, Economic Development Coordinator FROM: Paul T. Steinman, VP Housing & Economic Development DATE: January 31, 2003 SUBJECT: Ryan Proposal - Valley Green Corporate Center The purpose of this memo is to outline the financial components of the Ryan proposal to construct a mixed use development near Deans Lake containing 79 acres of commercial, 78 acres of residential, and 65 acres of parkland. Ryan is requesting abatement assistance in the present value (PV) amount of approximately $4 million. But/For Analvsis The but-for test is used to determine whether or not a project will proceed as proposed without the use of public dollars. To complete this analysis we examined two 10-year commercial project pro-formas, one showing a result if the developer receives the subsidy and one showing a result if the developer does not receive a subsidy. The resulting lease rates for each comparison are then tested against lease rates in the current market. The results are as follows: Current Market Lease Rates PSF Ryan Development Proposal Without Subsidy Warehouse Space $3.50 to 5.25 $5.80 Office Space $6.50 to 9.75 $11.00 From the table above we conclude that without a subsidy, constructed space will not be able to compete effectively within the current market. Another method of analysis which was used is to simply compare the price of fully improved land both with and without a subsidy, to the current market. The results are as follows: CORPORA TE OFFICE: SAINT PAUL, MN . Visit our website at www.springsted.com IOW.-\ . KANSAS . MINNESOTA . VIRGINIA . WASHINGTON, DC . WISCONSIN City of Shakopee Memo for EDA/Council February 4,2003 January 31, 2003 Page 2 Ryan Development Proposal for Fully Current Market Rate for Fully Imoroved Land Improved Land Without Subsidy With Subsidy $2.25 to 2.75 $4.24 $3.08 From the table above we conclude that the subsidy only reduces the developers land cost to slightly above market value. The developer has indicated that depending on need, companies locating at the West Deans Lake area might request additional assistance in the form of TIF. Each company requesting TIF assistance will have to apply individually according to the City's Business Subsidy Policy, and each proposed TIF application / project must stand on its own merits and meet all the statutory tests required (but-for test, etc.) to receive assistance. Deal Structure The mixed used project will consist of approximately 79 acres of commercial development, 78 acres of residential development, and 65 acres of parkland. Values for the commercial and residential components are as follows: . 1,171,180 square feet of commercial at a total value of $79,007,803 anticipated to be constructed over a 10 year period from 2003 through 2012 . 709 residential units at a total value of $143,196,730 anticipated to be constructed over a 3 year period from 2003 through 2005 The project is proposed to be structured as follows: . The 78 acres of housing development will be granted a 9 year abatement beginning in taxes payable year 2005 and ending at year end 2013. This equates to approximately a $900,000 PV City subsidy and a $3 million PV County subsidy. This will be used only to reduce the commercial land cost from $4.24 per square foot to $3.08 per square foot. 0 The abatements granted on the housing components will only be used to reduce the public infrastructure costs on the commercial land - they will have no impact on residential land/home prices. To address concerns about potentially using all of the City's abatement capacity on a single project (City's capacity = 5% of the City's net levy), the following parameters have been defined: . Annual abatements to Ryan will not exceed 50% of the City's annual abatement capacity, after subtracting the amount granted in previous abatements (Certainteed). . The analysis assumes the City's levy will grow 3% per year, thereby increasing the City's annual abatement capacity slightly. City of Shakopee Memo for EDA/Council February 4, 2003 January 31, 2003 Page 3 The following table illustrates the estimated development schedule and tax abatement proposed: Year CII Value Residential City % of County %of Total PV Taxes Value Abatement Cap Abatement Cap Abatement Payable Residential Residential 2005 7,900,780 47,664,920 142,457 50% 192,366 15% 2006 7,900,780 47,664,920 147,169 50% 390,503 30% 2007 7,900,780 47,866,890 152,022 50% 595,399 44% 2008 7,900,780 157,021 50% 613,261 44% 2009 7,900,780 162,170 50% 631,659 44% 2010 7,900,780 167,474 50% 650,609 44% 2011 7,900,780 187,549 50% 670,127 44% 2012 7,900,780 193,175 50% 690,231 44% 2013 7,900,780 198,971 50% 710,938 44% 2014 7,900,780 2015 2016 Totals 79,007,800 143,196,730 1,508,008 5,145,093 Present $923,606 $3,064,608 $3,988,214 Value at8% Conclusion It is our assessment of the financial components of the project that the proposal is valid in terms of its costs. It is our conclusion that the abatement subsidy needs to be provided to make the commercial land, at $3.08 per square foot, partially competitive. We concur that the abatement on residential is necessary to jump start the commercial components - because the residential value is scheduled to be completed on a fairly aggressive schedule, thereby creating substantial abatements in 2005. We are not able to reach a conclusion about any future potential subsidy on the commercial projects until the time they are brought forward for review. I Assumptions Report I City of Shakopee - For EDAlCouncil February 4, 2003 Tax Abatement Projection Dean's lake Mixed Use Project Scenario BC - 3% MV inflator, 9 yr term - Residential Abatement Only to 50% of City Capacity Type of Project Tax Abatement Maximum Duration of Tax Abatement 15 Years Current Year 06/01/02 First Abatement Year 06/01/05 Final Abatement Year 12/01/13 (9 Years of Abatement) 2001/2002 Base Estimated Market Value (Land) $0 (1) Times: First $150.000 1.50% 0 Excess 2.00% 0 Base Net Tax Capacity (NTC) $0 Non-Abated NTC $0 Assessment/Collection Year 2002/2003 2003/2004 2004/2005 2005/2006 Base Estimated Market Value $0 $0 $0 $0 Increase in Estimated Market Value 0 0 47,664,920 96,759,788 Total Estimated Market Value $0 $0 $47,664,920 $96,759,788 Total Net Tax Capacity $0 $0 $476,649 $967,598 Local Tax Capacity Rate 106.978% 2001/02 Fiscal Disparities Deduction 29.8026% Abate City Tax Rate? Yes 35.608% Abate County Tax Rate? Yes 40.358% Abate School District Tax Rate? No 26.027% Other Tax Rate No 4.985% Abate Rate Applicable to Market Value No 0.008% Current City Levy 6,282,773 @5% 314,139 City Max. 314,139 Less: C'Teed 29,225 X 50% = 142,457 Current County Levy 25,289,963 @5% 1,264,498 County Max. 1,264,498 Bonds Note (Pav-As-You-Go) Bonds Dated 06/01/03 Note Dated 06/01/03 First Interest Date 02/01/04 Note Rate 8.00% Underwriters Discount 1.50% (1) Assume abatement of new value only. Prepared by Springsted, Inc. 1/31/2003 1 Ryan Abatement For EDA-Council on 2-4-03.xls I Projected Tax Abatement Report I City of Shako pee - For EDAlCouncil February 4, 2003 Tax Abatement Projection Dean's Lake Mixed Use Project Scenario BC - 3% MV inflator, 9 yr term - Residential Abatement Only to 50% of City Capacity P.V. P.V. Max Abate Annual Annual Less; Retained Times; Total Statutory City, Minus Max Allowed %of % of City County Annual Total Fiscal Captured Tax Annual Taxes Tax C'Teed, Tax City Tax County Abate To Abate To Period Net Tax Disp.@ Net Tax Capacity Total Paid to Abatement multiplied Abatement Abatement Abatement Abatement 06/01/03 06/01/03 Ending Capacity 29.8026% Capacity Rate Tax City City by 50% City Capacity County Capacity 8.00% 8.00% 1 2 4 5 6 7 8 9 10 11 12 13 (14 15 (16 12/31/02 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/03 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/04 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/05 476,649 0 476,649 106.978% 509,910 169,725 169,725 142.457 142.457 50% 192,366 15% 119,040 160,746 12/31/06 967.598 0 967.598 106.978% 1.035.117 344.542 323.563 147.169 147.169 50% 390,503 30% 113.868 302.143 12/31/07 1.475.295 0 1.475,295 106,978% 1,578,241 525,323 333,270 152,022 152,022 50% 595,399 44% 108,911 426,552 12/31/08 1,519,554 0 1,519,554 106.978% 1,625,588 541,083 343,268 157,021 157,021 50% 613,261 44% 104,159 406,804 12/31/09 1,565,140 0 1,565,140 106.978% 1,674,356 557,315 353,566 162,170 162.170 50% 631,659 44% 99,607 387,971 12/31/10 1,612.094 0 1,612,094 106.978% 1,724,586 574,035 364,173 167,474 167.474 50% 650,609 44% 95,244 370,009 12/31/11 1.660.457 0 1,660,457 106.978% 1,776,324 591,256 375,098 187,549 187,549 50% 670,127 44% 98,761 352,879 12/31/12 1,710,271 0 1,710,271 106.978% 1,829,614 608,993 386,351 193,175 193,175 50% 690,231 44% 94,188 336,542 12/31/13 1,761,579 0 1,761,579 106.978% 1,884,502 627,263 397,941 198,971 198,971 50% 710,938 44% 89,828 320,962 12/31/14 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/15 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/16 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/17 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/18 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/19 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/20 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/21 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 12/31/22 0 0 0 106.978% 0 0 0 0 0 0 0 0 0 0 $13,638,238 $4,539,535 $3,046,954 $1,508,009 $1,508,009 $5.145,095 $923.606 $3,064,608 Total PV; $3,988,214 Prepared by Springsted, Inc. 1/31/2003 2 Ryan Abatement For EDA-Council on 2-4-03.xls I Estimated Impact on Other Taxing Jurisdictions Report I City of Shakopee - For EDA/Council February 4, 2003 Tax Abatement Projection Dean's lake Mixed Use Project Scenario BC - 3% MV inflator, 9 yr term - Residential Abatement Only to 50% of City Capacity Without Project or Abatement With Project and Abatement Payable Yr. 07 Projected Hypothetical 2001/2002 2001/2002 Retained New Hypothetical Hypothetical Tax Generated Taxable 2001/2002 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity :::: Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*) City of Shakopee 17,880,211 35.608% 17,880,211 $426,933 (3) 18,307,144 34.778% 0.830% 148,477 Scott County 63,998,079 40.358% 63,998,079 1,475,295 (4) 65,473,374 39.449% 0.909% 581,983 ISO 270 (2) --- 26.027% --- 1,475,295 --- 26.027% --- --- Other (2) --- 4.985% --- 1,475,295 --- 4.985% --- --- Totals 106.978% 105.238% 1.740% · Statement 1: If the projected Retained Captured Net Tax Capacity of the abatement project was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 1.740% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the abatement project is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1 ) Taxable net tax capacity"" total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is non-existent (SO is not participating in the abatement) or negligible (Other) in that it only represents 4.66% of the total tax rate. (3) This net tax capacity"" the amount needed to generate $152,022, Wflich is the abatement amount generated in 2007 under tfle City's arbitrary abatement cap for the Ryan project. (4) This net tax capacity"" the amount needed to generate $595,399, which is the projected abatement amount generated in 2007 by the County. Prepared by Springsted, Inc. 1/31/2003 3 Ryan Abatement For EDA-Council on 2-4-03.xls I Estimated Annual Impact on Taxpayer Report I City of Shakopee - For EDAlCouncil February 4, 2003 Tax Abatement Projection Dean's Lake Mixed Use Project Scenario BC - 3% MV inflator, 9 yr term - Residential Abatement Only to 50% of City Capacity City County Total Annual Hypothetical Impact Hypothetical Impact Hypothetical Impact Estimated Market Value 2001/2002 (DECREASE) in Taxes (DECREASE) in Taxes (DECREASE) in Taxes Homestead Residential Net Tax Capacity in Payable Year 2007* in Payable Year 2007* in Payable Year 2007* 250,000 2,500 20.76 22.73 43.49 275,000 2,750 22.84 25.01 47.84 300,000 3,000 24.91 27.28 52.19 500,000 5,000 41.52 45.47 8699 Com mercial/lnd ustrial 250,000 4,250 35.29 38.65 73.94 500,000 9,250 76.81 84.12 160.93 1,000,000 19,250 159.85 175.05 334.91 2,500,000 49,250 408.97 447.87 856.84 5,000,000 99,250 824.17 902.56 1,726.73 * Payable year 2007 is the year when the final phase of residential housing is projected to be at full value for tax purposes. * Assumes without abatement that the abatement dollars would be used entirely to reduce the City/County tax rate resulting in a tax reduction. * Assumes no change in City/County rates or tax classification rates. Prepared by Springsted, Inc. 1/31/2003 4 Ryan Abatement For EDA-Council on 2-4-03.xls EXHIBIT E CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cost of Services - Ryan Development DATE: January 31, 2003 At full development, in 2007, the amount of unabated taxes that will be received by the City will be $373,000. Determining the cost of services is not easily measured; we do not typically figure how many additional City employees will be needed to service a particular subdivision as it comes in. Acknowledging, however, that the City is being asked to abate a portion of the Ryan Development taxes to be received, an estimate is appropriate. The City's operating budget normally looks at cost per household - these figure all costs, including those fixed costs of the City. When determining what a specific additional subdivision or development will cost, one must concentrate on the "incremental" costs - what are the costs that would be added specifically because of this development coming onboard? For example, most fixed costs will remain the same - the City will not be building a larger library, or hiring a second Fire Chief as a result of this development. However, we can identify the following additional services, based on 770 housing units, with 2,000 new residents: Police: (Typically one officer per 1500 residents) 1.33 officers x $55,000* = $73,150 I squad car = $25,000 $95,150 Public Works: (1 Maintenance Worker per 1400 residents) 1.43 x $39,000* = $55,700 $55,700 There is no additional equipment anticipated for this subdivision - parks will be maintained by a resident association. Fire/Miscellaneous: (Additional Firefighters, general administrative) Estimated = $30,000 $30,000 Total $283,850 Note that the above is based on an estimate, and assumes full development. These positions will not be added until the demand for service justifies added employees. School Funding: As a result of changes in the Legislature recently, funding for operating budgets for schools in Minnesota comes from the State. The only variable on this would be locally approved excess operating levies. There would need to be consideration of capital costs, as with more students comes a need for classrooms. When the growth of the district exceeds the available classrooms, voters are asked to approve capital referenda to build schools. We did research what demands on the school system might be generated from development such as this type. The prospective developer of this residential component said that developments with similar product mixes in other communities have less than 15% of the homes with children. Of that number, half have two children or less. The developer also indicated that half of those children are pre-school (although they do grow up). Therefore, we might anticipate 116 homes having two children or less. Using a maximum of two while in school, it would generate 230 children. If one-half of those are pre-school, 115 might be added to the Shakopee school system. I will be reviewing these numbers with LS.D. 720 prior to the February 4th meeting. tM JLlf\1~C/ u>>.u Mark McNeill City Administrator MM:th * Fringes and benefits ILi-C E ykib;+ I,t: V CITY OF SHAKOPEE ON f PI '61. 'l Memorandum TO: Mayor and City Council FROM: i Mark McNeill, City Administrator SUBJECT: Cost of Services - Ryan Development DATE: February 4, 2003 (Corrected) At full development, in 2007, the amount of unabated taxes that will be received by the City will be $373,000. Determining the cost of services is not easily measured; we do not typically figure how many additional City employees will be needed to service a particular subdivision as it comes in. Acknowledging, however, that the City is being asked to abate a portion of the Ryan Development taxes to be received, an estimate is appropriate. The City's operating budget normally looks at cost per household - these figure all costs, including those fixed costs of the City. When determining what a specific additional subdivision or development will cost, one must concentrate on the "incremental" costs - what are the costs that would be added specifically because of this development coming onboard? For example, most fixed costs will remain the same - the City will not be building a larger library, or hiring a second Fire Chief as a result of this development. However, we can identify the following additional services, based on 700 housing units, with 2,000 new residents: Police: (Typically 1.5 officers per 1000 residents) 3.0 officers x $55,000* = $165,000 1 squad car = $25,000 $190,000 Public Works: (1 Maintenance Worker per 1400 residents) 1.43 x $39,000* = $55,700 $55,700 There is no additional equipment anticipated for this subdivision - parks will be maintained by a resident association. Fire/Miscellaneous: (Additional Firefighters, general administrative) Estimated = $30,000 $30.000 Total $275,000 * Fringes and benefits Note that the above is based on an estimate, and assumes full development. These positions will not be added until the demand for service justifies added employees. School Funding: As a result of changes in the Legislature recently, funding for operating budgets for schools in Minnesota comes from the State. The only variable on this would be locally approved excess operating levies. There would need to be consideration of capital costs, as with more students comes a need for classrooms. When the growth of the district exceeds the available classrooms, voters are asked to approve capital referenda to build schools. We did research what demands on the school system might be generated from development such as this type. The prospective developer of this residential component said that developments with similar product mixes in other communities have less than 15% ofthe homes with children. Ofthat number, half have two children or less. The developer also indicated that half of those children are pre-school (although they do grow up). Therefore, we might anticipate 105 homes having two children or less. Using a maximum of two while in school, it would generate 210 children. If one-half of those are pre-school, 105 might be added to the Shakopee school system. 1M~~u~ Mark McNeill City Administrator MM:th Changes from 1/31/03 memo noted in "BOLD" Dear City COlmcil Members: I am writing in regards to the agenda item of the city abatement being asked for by Valley Green Corporation. I won't pretend to know all the details. I don't know all the workings of city govermnent, but what I do know is my money. And quite frankly, I've had it with being asked to pay for everyone else and their mistakes or misfortunes. My guess is that whomever owns the land currently bought it when the market was higher, but now when it comes time to develop and sell it, the market is lower and they stand to lose a great deal of money. Well, that was their misfortune, whether bad plalming or bad luck. They al'e developers and that is the risk they take in the business they have decided to be in. They didn't bother asking my opinion about the land when they first bought it, but they have no problem asking for my money to pay for it. What would my incentive be to give them tlus money? Development of Shakopee? Tax income generated from new residents? My answer to those would be 1) there is plenty of unused office space for lease all along Highway 169 (including a building that was recently built alId still stands empty) plus others throughout Shakopee so we aren't short there. Retail spaces are currently being built up with a large available space where the "Town Square" mal'ket is, as well as the soon to be available Kmari location. 2) As for tax paying residents I don't believe we are falling short there either. I myself am in fairly new construction with houses being built all around me every day. Scott County is one of the fastest growing counties in America; I believe Shakopee is one of the fastest growing suburbs in Minnesota. City Council members might argue that our growing community is exactly why we need to help the developers. I disagree. Responsible growth will help us in the long run. Just getting buildings and houses up is not responsible. City Council has already done their pmi in zoning the land for responsible growth; they do not need to tal(e further action by paying to have it developed as welL . - If this abatement is allowed, with whom do we stop? Certainly future developers will not expect to pay for their developing. I know I wouldn't if! was one of them. On of the reasons my husband and I moved to Shakopee was because we were excited to be in the early stages of a growing community. Of course, with growth come challenges, but there are also many positives. I'm happy to pay a reasonable amount of taxes when they are responsibly spent. This would not be one of those times and I will be sorely disappointed by the City Council if they are bullied into believing this is something the citizens of Shakopee must do. Thank you to Judy Cox for forwarding this letter to the City Council meeting and to the council for taking the time to read it. I had a prior meeting scheduled and could not attend. I'm certain my City Council members will do the responsible thing and NOT allow the abatement to be provided to Valley Green. ~~---- p Sincerely, , 1------1 Kerry Murphy I F E B 4 2003 \ 1847 Alden A venue L ...J rny Or. c;!) :J~~ ,>..J i ., ..n, t !_c - J.:^bf'~'