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HomeMy WebLinkAboutMarch 06, 2001 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6, 2001 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:O0 p.m. 2] Pledge of Allegiance 3 ] Approval of Agenda 4] Mayor's Report . 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: December 19, 2000 *8] Approval of Bills in the Amount of $132,014.62 plus $55,572.38 for refunds, returns and pass through for a total of $187,587.00 9] Public Hearings: none 10] Communications: Award of Valor Presentation to Officer Cody Homer 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting 13 ] Re- convene 14] Recommendations from Boards and Commissions: 15] General Business A] Parks and Recreation TENTATIVE AGENDA March 6, 2001 Page —2- 15] General Business continued B] Community DeveloQment 1. Proposed Moratorium on Multiple Family Residential Development — Ord. No. 595 *2. Scott County BRA Request for Concurrent Review of Preliminary and Final Plat for Bluff Avenue Village, property located N of Bluff and E of Naumkeag *3. Initiate Vacation of Easements within Lot 1, Block 2, Valley Park 6th — Res. 5490 4. Preliminary and Final Plat of Shenandoah Apartments, located N of CSAH 16 and W of Canterbury Park — Res. 5482 5. Final Plat of Valley Park 14 Addition (Westpark Business Center), located S of 12 h Ave. and E of Valley Park Drive — Res. 5491 *6. Final Plat of Pheasant Run 7'' Addition, located N of Valley View Road and E of Ponds Way — 5492 *7. Final Plat of Dublin Square 2n N of 17'' Ave., E & W of Dublin Lane — Res. 5493 8. Heritage Square Residential Development Environmental Assessment Worksheet 9. Request of School District 720 for Waiver of Criteria for Minor Subdivisions C] Public Works and En 'neerim * 1. Declaring Cost to be Assessed and Setting Hearing Date for Gorman Street Improvements, Project No. 2001 - Res. No. 5494 *2. Project Cooperation Agreement with the Department of the Army for Construction of the Shakopee Emergency Bank Protection 3. 2000 Reconstruction Project Sidewalk Analysis D] Police and Fire *1. Shakopee Public Schools Request for Fire Code Variance *2. Award Architect Contract for New Police Facility *3. COPS MORE 2001 Technology Grant Application E] Personnel * 1. Authorize Advertising for Public Works Maintenance Worker F] General Administration: * 1. Set Date for Liquor Violation Hearings *2. Amendment to City Code Relating to Refuse Collection — Ord. No. 594 *3. Approval of Police Sergeants' Contract 4. Establish Environmental Advisory Committee and Make Appointments Thereto — Res. No. 5495 *5. Acceptance of Resignation of Jane DuBois from the Library Study Committee 6. Bank Services Request for Proposals 7. Modification of Tax Increment Finance Plan for TIF District 11, Seagate — Res. 5496 16] Council Concerns 17] Other Business 181 Adjourn to Tuesday, March 20, 2001, at 7:00 p.m. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 6, 2001 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business - (All items noted by an are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) Approval of Minutes: 4. Financial A.) 4 Approval of Bills 5. Tax Increment Financing District No. 11 (Seagate Technology) A.) Resolution No. 2001 -01, Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 1 B.) Resolution No. 2001-02, Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of Its $981,530 Taxable Tax Increment Revenue Note, Series 2001A 6. Other Business: 7. Adj ourn edaaenda.doc OFFICIAL / 1 1 OF C1 ECONOMIC DEVELOPMENT AUTC /' SHAKOPEE, MINNESOTA REGULAR SESSION December 5, 2000 Members Present: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None Staff Present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Mark Themig, Facilities and Receation Director; and Dan Hughes, Police Chief. I. Roll Call President Amundson called the meeting to order at 7:15 p.m. Roll call was taken as noted above. Approval of Agenda Sweeney/Link move to approved the agenda. Motion carried unanimously. M. Consent Agenda Sweeney/Brekke moved to approve the Consent Agenda as presented. Motion carried unanimously. IV. Financial A.) Approval of the Bills Sweeney/Brekke moved to approve the bills in the amount of $346.35 for the EDA General Fund. This listing is for the period 11/03/2000 to 11/30/2000. (Motion carried under the Consent Agenda.) V. Small Cities Development Program — Update Paul Snook updated the EDA Commission on the Small Cities Development Program for the month of November. Essentially there were no changes from the October report on the Small Cities Development Program. Mr. Snook stated the Small Cities Development Program grant will be monitored on a monthly basis. Commissioner Brekke wondered about the rental units and the commercial portions of the grant. There did not seem to be much activity in these two areas. Commissioner Sweeney asked if it was possible to reallocate funds into the fund where there seems to be some interest? Mr. Snook said this program could be revisited as time goes on. Mr. Snook said it was not out of the ordinary for cities to apply for an extension when the time limit is up on the Small Cities Development Program. Commissioner Sweeney wanted to begin the process for a time extension and to request reallocation of the funds within the Small Cities Development Program grant now. Mr. Snook said he could start this process by first contacting the Minnesota Department of Trade and Economic Development. Sweeney/Morke moved to direct staff to begin the process to obtain permission from Minnesota Department of Trade & Economic Development to reallocate funds within the Small Cities Development Program grant. Commissioner Sweeney wanted to get the permission to reallocate the funds and figure out at a later date how the funds should be reallocated. He did not want the program to end without that permission. Motion carried unanimously. Commissioner Brekke wanted to know where the funds went when the loan was paid off. Mr. Snook replied essentially this was a forgiveable loan. VI. Informational Items A. Downtown Development Workshop Mr. Snook reported some highlights of the workshop meeting regarding downtown development and redevelopment issues. The workshop was held on October 21, 2000. The workshop provided a background and review of current developments in the downtown and identification of the issues and goals for the future development and redevelopment of the downtown area. Within the goals three were identified: 1) to retain the retail portion of the Post Office in the downtown; 2) to get an updated Riverfront Master plan done by Brauer and Associates which would focus the plan on Huber Park; 3) work with Vision Shakopee to establish a special service district (a business improvement district). Vision Shakopee appears to be willing to work on this special service district process. There was discussion on the criteria for a special service district. There was discussion on the retail portion of the Post Office remaining in the downtown area. Commissioner Brekke thought it was important to have the post office downtown but he felt it was more important to have the post office to function and serve the needs of the community. Other Business There was no other business. Adiournent Sweeney/Link moved to adjourn the meeting to Tuesday January 2, 2001 at 7 :00 p.m. Motion carried unanimously. The meeting adjourned at 7:45 p.m. Motion carried unanimously. J thS. Cox, EDA ecretary a ole Hedlund, Recording Secretary OFFICL&L PROCEEDINGS THE :i II 1• iii. Members Present: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None Staff Present: Mark McNeill, City Administrator, Bruce Loney, Public Works Director, Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Tun Thomson, City Attorney, Gregg Voxland, Finance Director, Tracy Coenen, Management Assistant; Jerry Poole, Deputy Chief of Police; Mark McQuillan, Natural Resources Director; and Mark Themig, Facilities and Recreation Director. I. Roll Call President Amundson called the special meeting of the Economic Development Authority to order at 8:03 p.m. Roll call was taken as noted above. IL Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. V. Chaska Interceptor Payment Commissioner Brekke stated it has been a policy of the City to allocate dollars from TIF for the Chaska Interceptor. He had some concerns using TIF money for this payment, when he sees the surplus funds now in the Sanitary Sewer Fund. President Amundson asked what the remaining balance on the Chaska Interceptor was after this payment. Commissioner Sweeney stated the remaining balance would be approximately $140,000. Commissioner Sweeney asked Gregg Voxland what the TIF money could be spent on. Commissioner Sweeney commented that this TIF money needed to be spent by December 31, 2000. Sweeney/Morke moved to authorize the use of $ 871,403.84 TIF money to make the principal payment on the Chaska Interceptor debt. Official Proceedings of the Shakopee Economic Development Authority December 19, 2000 Page 2 Mr. Voxland approached the podium and stated the Chaska Interceptor is the last project in the TIF Plan to spend those funds on. There can be no additional projects added to this TIF Plan. The TIF monies left after the principal payment on the Chaska Interceptor will be used to pay off debt service payments for two years. Commissioner Sweeney said the TIF Plan would have to have been modified much earlier if these dollars were not to be used for the Chaska Interceptor. This use has been identified for a long time. Mayor Brekke then asked if money from the Sanitary Sewer Fund could be transferred to the Park Dedication Fund for park use. He was looking for some flexibility for park use funds. Commissioner Sweeney did not think this should be the format to discuss park use funds because no information was available to work with at this time. The intention of the Sanitary Sewer Fund was to fund future expansion of the trunk sewers and to fund the operation and maintenance of the trunk sanitary sewers. The operation and maintenance of the sanitary sewers could be quite costly. Commissioner Sweeney stated the EDA could make this recommendation to the Council to have this discussion at a later time and place. President Amundson directed staff to bring this sanitary sewer fund balance issue along with the use of park funds to the workshop meeting on January 9, 2001. Mayor Brekke stated the plan was made to use the TIF monies for the Chaska Interceptor. He was uncomfortable doing this but the use was agreed on and he would live with the decision. He did not feel the discussion on the Sanitary Sewer Funds and park use funding was needed, unless someone else was also interested. President Amundson's direction to staff was no longer needed. Motion carried unanimously. Other Business - There was no other business. VIL Adjournment Sweeney/Morke moved to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 8:09 p.. Judith S. Cox, EDA Secretary t, Carole Hedlund, Recording Secretary Fx"0141 WIN p •W • ' 1 January 2, II Members Present: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None Staff Present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Tracy Coenen, Management Assistant; and Dan Hughes, Police Chief. I. Roll Call President Amundson called the meeting to order at 7:08 p.m. Roll call was taken as noted above. 11. Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. Consent Agenda Sweeney/Link moved to approve the Consent Agenda as presented. Motion carried unanimously. A. Approval of Minutes of October 3, 2000 Sweeney/Link moved to approve the October 3, 2000 meeting minutes. (Motion carried unanimously under the Consent Agenda.) IV. Financial A.) Approval of the Bills Sweeney/Link moved to approve the bills in the amount of $206,826.22 for the EDA General Fund and TIF Funds for the period 12/01 /2000 to 12/28/2000 (Motion carried under the Consent Agenda.) V. Small Cities Development Program A. Update Mr. Snook, Economic Development Coordinator, gave a report on the Small Cities Development Program being administered by the Carver County HRA. He reported the unit goal in the Single Family Owner- Occupied Residential units is 53% in process or completed, the unit goal in the Rental Residential units is 63% in process or completed and the unit goal in commercial units goal is 33% in process or completed. B. Request to DTED for Extension of Grant Period and Reallocation of Funds Mr. Snook reported that at the EDA December 5, 2000 meeting, the EDA asked that the time limit be extended for the DTED Grant Period and that there be a reallocation of DTED funds. Mr. Snook has contacted the City of Shakopee Official Proceedings of the January 2, 2001 Shakopee Economic Development Commission Page 2 representative at DTED and reported that she feels it is too early to request this reallocation and time extension. Our grant end date is September 3, 2001 and she feels there is plenty of time to make this request. Grant extensions are not uncommon and she anticipates this reallocation and time extension to be processed with no trouble when it is made. V1. Recommendations for Economic Development Authority Comm A. Strategic Planning Facilitation Services Mr. Snook reported on the strategic planning facilitation requested by the Economic Development Advisory Committee (EDAC). Through the recommendation of the EDAC, the EDA is asked to enter an agreement with Quinlivan R Associates to provide facilitation services for economic development strategic planning. This is a systematic process by which the City would identify and prioritize economic development issues, formulate goals and objectives for economic development for the City of Shakopee, and develop a strategic action plan. The EDAC has done considerable research on this issue and feels it is necessary and appropriate to have economic development issues defined and prioritized. The EDAC feels an outside facilitator would be most beneficial. This outside person would assist with the strategic plan but would not create it. The economic development stakeholders in Shakopee would create the plan. The outside facilitator is a neutral party and does not have a stake in the process. The EDAC likes the idea that Quinlivan and Associates proposes a staged approach to their strategic planning process with cost breakdowns. It is recommended that staff be directed to enter a "not to exceed" agreement with Quinlivan and Associates in the amount of $2,100 to provide facilitation services for economic development strategic planning as outlined in Step One of the their proposal. Funding for and the undertaking of subsequent steps two and three as outlined in the proposal are to take place after the EDAC seeks further approval from the EDA. The impact to the budget would be $2,100 for the first step, somewhere between $1,500- $10,000 for step two and $1,600 for step three. Commissioner Sweeney asked Mr. Snook how many times before has the City gone thru strategic planning for economic development? Mr. Snook replied that the City, to his knowledge, has never undertaken strategic planning for economic development, and that this planning is for the economic development of the entire City of Shakopee not just the downtown area as in previous strategic planning efforts. Commissioner Morke addressed Commissioner Sweeney's question. Commissioner Morke felt this was a good first step for a new Economic Development Advisory Committee. Now, he was in favor of the proposal. President Amundson concurred with Commissioner Morke. Mr. Jansen, Chair of the EDAC, approached the podium and stated that the EDAC believes the Strategic Planning process is most important for the EDA/EDAC. He Official Proceedings of the January 2, 2001 Shakopee Economic Development Commission Page 3 stated the EDAC is taking this approach to try and get the facilitator to bring in community leaders to participate in this process. As we hear from the community, we will get a better idea of what the residents of Shakopee want. Morke /Amundson moved to direct staff to enter into a "not to exceed" agreement with Quinlivan & Associates in the amount of $2,100 to provide facilitation services for economic development strategic planning as outlined in Step One of the proposal, and for subsequent funding and undertaking of Steps Two and Three as outlined in the proposal, the EDAC must seek approval from the EDA. Commissioner Brekke concurred with President Amundson and Commissioner Morke_ Commissioner Brekke felt the EDAC/EDA needed to be proactive and on top of the change happening now and in the future in the City of Shakopee_ Commissioner Sweeny was concerned about costs with a consultant. He had a concern having City staff time used. The consultants will generate a structure and then they will leave finishing the stricture to staff. President Amundson felt the EDA had the personnel in place and that this would not place an additional burden on the rest of the City staff. Commissioner Sweeney would like to see the EDAC take a stab at strategic planning themselves. He felt with the consultant's fee, there would not be any input from the community. There may be select input but not total community input. President Amundson called the question. Motion carried 3 -2 with Commissioners Link and Sweeney dissenting. VII. Other Business There was no other business. VIII. Adiournment Brekke /Sweeney moved to adjourn the meeting to January 16, 2001. Motion carried unanimously. The meeting adjourned at 7:34 p.m. Motion carried unanimously. Judith S. Cox VEDA Secretary Carole Hedlund Recording Secretary CITY OF SAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: March 1, 2001 Introduction Below is a listing of bills for the EDA for.the period 2/2/2001 to 3/01/2001. Action Requested Move to approve bills in the amount of $40,058.63 for the EDA General Fund. Check Date 2/12/2001 2/13/2001 2/13/2001 2/26/2001 3/01/2001 12/31/2000 Check Number Vendor 68468 Publicorp 68445 Kennedy & Grav 68500 Technagraphics 68099 Qwest 68137 National Ins 68022 Carver Co HRA Description Amount Conf & Sch $165.00 Attorney 26.00 Supplies 17.36 Telephone 19.71 Benefits 21.42 Prof S 39,809.14 Total- $ 40,058.63 E�" DA � S CITY OF SHAKOPEE hifvmnrnnrhim TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Seagate Job and Wage Goals MEETING DATE: March 6, 2001 Since the EDA is considering the second Taxable Tan Increment Revenue Note (Series 2001A) for Tax Increment Financing District No. 11 (Seagate Technology), it is appropriate to provide background information on the job and wage goals as outlined in the Contract for Private Development. According to Section 3.6 (a) and (b) of the contract (Exhibit A), Seagate is to report twice on job and wage goals. In short, the goals are as follows: • 850 jobs by 7/29/00; and • By August 1, 2002, at least 416 additional jobs (over and above the initial 850); demonstrate that the total jobs created represent a net increase of 40 jobs over the number of jobs transferred to this site; and demonstrate that the wages for the 40 net new jobs are at least $12.00 per hour. Seagate reported on 7/29/00 (Exhibit B) that it created 850 jobs (100% of goal), and created an additional 247 jobs (59% of the 8/1/02 goal). under Section 3.3(b), all at the direction of the Developer. The principal amount of any Note or portion thereof issued in connection with Utility Costs shall be in addition to the maximum principal amount otherwise applicable to Public Redevelopment Costs specified in Section 3.3(a). Delivery of any Note issued as reimbursement in whole or in part for Utility Costs shall be conditioned upon (i) delivery of evidence of payment of Utility Costs in accordance with Section 3.2(e); and (ii) approval of any modification of the TIF Plan for the TIF District deemed necessary by the Authority in order to issue such Note. The Authority and City covenant that, in the event any TIF Plan modification is necessary, they will take all actions necessary to approve such modification in accordance with the TIF Act. Section 3.4. Payment of Administrative Costs The Developer agrees that it will pay to the Authority all out of pocket costs incurred by the Authority and the City (including without limitation attorney and fiscal consultant fees) in connection with establishing the TIF District and in the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder, up to a maximum amount of $20,000 (collectively, the "Administrative Costs "); provided that if total Administrative Costs exceed that amount because of costs incurred in connection with the actions described in Section 3.3(d), the Developer shall pay any such excess Administrative Costs. Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the Authority or City. The Developer shall pay Administrative Costs from time to time within 30 days after receipt of written notice thereof from the Authority. The Authority acknowledges that the Developer deposited the amount of $5,200 upon execution of the Letter of Intent, which deposit shall be applied toward the Developer's obligation under this Section. Section 3.5. Records The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Public Redevelopment Costs and the Minimum Improvements. Developer shall also use best efforts to cause the contractor or contractors, all sub - contractors and their agents and lenders to make their books and records relating to the Public Redevelopment Costs available to City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by Developer until the Maturity Date. Section 3.6. Job and Wage Covenants (a) Within one year after issuance of the Certificate of Completion for Phase I of the Minimum Improvements, the Developer shall cause to be created at least 850 full -time equivalent jobs on the Development Property. (b) By August 1, 2002, the Developer shall: (i) cause to be created at least 416 additional full -time equivalent jobs on the Development Property (over and above the 850 jobs created in compliance with Section 3.6(a) hereof); (ii) demonstrate that the total full -time equivalent jobs located on the Development Property represent a net increase of at least 40 full -time equivalent jobs over the number of jobs transferred to this site from the Developer's Twin Cities Operation Division (High Performance Design Center); and (iii) demonstrate that the wages for the 40 net new jobs as described in clause (ii) are at least $12.00 per hour. (c) The Developer shall satisfy the requirements under this Section by submitting to the Authority on or before the dates specified in paragraphs (a) and (b) of this Section, employment reports in a form reasonably acceptable to the Authority showing that, at any time before the SJB136734 SH235 -04 13 r O Z U 0) C - U C O � _ O (B LL N c pj N O N 0 E N E _C Z X t� co > I— Q Q E a O O Q� U a. 9 r O 2 D Q F- Z W a_ WO W —1 a- ; 0 w Q 0 = U CO 00 � z O U W F- w O a w Z W O _I d E W co W_ N m N a) cn W z cn m O O r— N O m O cc O C ri o O 00 a. O � N Q L U- 0 R Q N rn O 0 n 0 4D z r /4 N O co >+ .Q t6 O O O (0 N a� U Q � O O U) .Q C6 O U � O C Q 0 a a Q co a 0 0 a m a to to ° LO co L J a 0 O � d7 z N t L O O Q 0 0" O O rn c E E � U ° o oT = (n a CU CL i O W E � w o ` iu - S < -- N U U w . C (II N En C O E O c m E O E a� iu U H ca — U U ui CITY OF SHAKOPEE Memorandum TO: Mayor and City Council ,/Economic Development Authority FROM: Paul Snook, Economic Development Coordinate SUBJECT: City Council Resolution No. 5496, and EDA Resolution No. 2001 -01, modifying Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology) MTG DATE: March 6, 2001 The City Council and EDA are asked to adopt respective resolutions modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology). In February of 1998, the City Council and EDA adopted resolutions approving the Tax Increment Financing Plan for TIF District No. 11. In April of 1998, the City Council and EDA adopted resolutions approving modifications to Sec. Q, "Estimate of Project Costs" of the TIF Plan to reflect the revised categories of tax increment spending. The resolution before you further modifies Sec. Q of the TIF Plan; the modifications reflect changes in costs among categories of TIF spending. This TIF Plan modification does not require a public hearing. The original total amount of tax increment approved by the Council and EDA in 1998, $4,600,000, does not change with the approval of this modification. Action Required: City Council Offer Resolution No. 5496, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. Economic Development Authority Offer Resolution No. 2001 -01, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. sgtrsmo5.doc 0 "/ / / 1 ' 1. 1 : I . ' 0 , i C IN i I I I BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority for the City of Shakopee, Minnesota ( "Authority ") as follows: Section 1. Recitals. 1.01. The City of Shakopee ( "City ") and the Authority approved the creation of Tax Increment Financing District No. 11 ( "TIF District ") and a Tax Increment Financing Plan ( "TIF Plan") for that district, by resolutions approved February 3, 1998 in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act "). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the categories of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan. Section 2. TIF Plan Modified 2.02. Section Q. of the TIF Plan is hereby modified to read as follows: The Authority intends to facilitate development of a manufacturing facility to be constructed by Seagate Technology, Inc. The costs to be financed primarily with tax increments are estimated as follows: Land Acquisition (includes cost of fully- improved land for $3,800,000 development site; parking lot land) Public and On -Site Parking Improvements 300,000 Site Improvements 100,000 Electric Utility Improvements 330,000 Traffic Improvements 50,000 Administration 20,000 TOTAL $4,600,000 The above figures are estimates, which may shift among categories without SJB- 194016v1 SH235 -8 modification of this TIF Plan, provided that the total costs will not exceed the total listed. Costs within each category are deemed to include capitalized interest which will vary depending on when or if bonds are issued, but in any event will not exceed three years as required by Minn. Stat. Ch. 475. In addition to the costs listed above, the Authority may retain up to ten percent of the total tax increment collected each year for additional administrative expenses, subject to the limitation that no more than 10 percent of total tax increment expenditures may be expended for administrative costs, as described in Subsection L hereof. While the Authority retains the right to such ten percent administrative budget, it currently anticipates an administrative retainage of three percent, as shown in Schedule C (in addition to the amount described in the budget set forth above). Further, the Authority may pay interest on any bonds or pay as you go obligations issued to finance such capital costs, as described in Section R. 2.03. Authority staff are authorized and directed to attach a copy of this resolution to the TIF Plan in the Authority's files for the TIF District, and to transmit a copy of the resolution to the Department of Revenue. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this day of 5 2001. President ATTEST: Executive Director SJB- 194016v1 SH235 -8 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: City Council Resolution No. 5496, and EDA Resolution No. 2001 -01, modifying Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology) MTG DATE: March 6, 2001 Introduction & Background: The City Council and EDA are asked to adopt respective resolutions modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology). In February of 1998, the City Council and EDA adopted resolutions approving the Tax Increment Financing Plan for TIF District No. 11. In April of 1998, the City Council and EDA adopted resolutions approving modifications to Sec. Q, "Estimate of Project Costs" of the TIF Plan to reflect the revised categories of tax increment spending. The resolution before you further modifies Sec. Q of the TIF Plan; the modifications reflect changes in costs among categories of TIF spending. This TIF Plan modification does not require a public hearing. The original total amount of tax increment approved by the Council and EDA in 1998, $4,600,000, does not change with the approval of this modification. Action Required: City Council Offer Resolution No. 5496, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. Economic Development Authority Offer Resolution No. 2001 -01, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. sgtrsmo5.doc CITY OF S HAKOP EE r r MI r 4 i 1 � M AE% e 01131 K-11 NEW BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority for the City of Shakopee, Minnesota ( "Authority ") as follows: Section 1. Recitals. 1.01. The City of Shakopee ( "City ") and the Authority approved the creation of Tax Increment Financing District No. 11 ( "TIF District ") and a Tax Increment Financing Plan ( "TIF Plan") for that district, by resolutions approved February 3, 1998 in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act "). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the categories of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan. Section 2. TIF Plan Modified 2.02. Section Q. of the TIF Plan is hereby modified to read as follows: The Authority intends to facilitate development of a manufacturing facility to be constructed by Seagate Technology, Inc. The costs to be financed primarily with tax increments are estimated as follows: Land Acquisition (includes cost of fully- improved land for $3,800,000 development site; parking lot land) Public and On -Site Parking Improvements 300,000 Site Improvements 100,000 Electric Utility Improvements 330,000 Traffic Improvements 50,000 Administration 20,000 TOTAL $4,600,000 The above figures are estimates, which may shift among categories without SJB- 194016vl SH235 -8 modification of this TIF Plan, provided that the total costs will not exceed the total listed. Costs within each category are deemed to include capitalized interest which will vary depending on when or if bonds are issued, but in any event will not exceed three years as required by Minn. Stat. Ch. 475. In addition to the costs listed above, the Authority may retain up to ten percent of the total tax increment collected each year for additional administrative expenses, subject to the limitation that no more than 10 percent of total tax increment expenditures may be expended for administrative costs, as described in Subsection L hereof. While the Authority retains the right to such ten percent administrative budget, it currently anticipates an administrative retainage of three percent, as shown in Schedule C (in addition to the amount described in the budget set forth above). Further, the Authority may pay interest on any bonds or pay as you go obligations issued to finance such capital costs, as described in Section R. 2.03. Authority staff are authorized and directed to attach a copy of this resolution to the TIF Plan in the Authority's files for the TIF District, and to transmit a copy of the resolution to the Department of Revenue. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this day of 3 2001. President ATTEST: Executive Director SJB- 194016vl 2 SH235 -8 CITY OF SHAKOPEE MPmnrandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinat SUBJECT: Resolution No. 2001 -02, Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of Its $981,530 Taxable Tax Increment Revenue Note, Series 2001A MTG DATE: March 6, 2001 Introduction The EDA is asked to adopt Resolution No. 2001 -02, authorizing the taxable tax increment revenue note that relates to the following costs for TIF District No. 11, the Seagate Technology project: • MnDOT Parcel Acquisition Costs of $175,000 • Parking and Site Improvement Costs of $481,405 • Utility Costs of $325,125 Background In April of 1998, the City Council and EDA adopted resolutions approving the Contract for Private Development by and among the EDA, City and Seagate Technology, Inc., and the EDA issued a $3,591,195 taxable tax increment revenue note for the acquisition of improved property from Valley Green Business Park for the Seagate project. Section 3.3 (b) of the Contract specifies that the EDA will issue a note or notes in order to reimburse additional costs incurred by Seagate, provided that the aggregate amount of such notes together with the 1998 note may not exceed $4,247,600 (not including Utility Costs). Pursuant to Section 33(d) of the Agreement, the Authority also agreed to issue an additional note in order to reimburse certain Utility Costs, not to exceed $500,000. ExhihitA is evidence that Seagate has incurred and paid the costs in the amounts and in the categories outlined above, and therefore it is appropriate for the EDA to adopt the resolution authorizing the note related to these costs. Action Required: Offer Resolution No. 2001 -02, Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of Its $981,530 Taxable Tax Increment Revenue Note, Series 2001A, and move its adoption sgtrsmo6.doc TO-Ratus 0100KI RESOLUTION AWARDING I / 1 '' 1 I I 1 THE 1' 1 1' I I' / 1' ISSUANCE OF ITS $981,530 TAXABLE TAX 1 1 1 REVENUE NOTE, I 11' BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Economic Development Authority for the City of Shakopee (the "Authority ") as follows: Section 1. Authorization, Award of Sale 1.01. Authorization The Authority and City of Shakopee ("City") have heretofore approved the establishment of Tax Increment Financing District No. 11 (the "TIF District ") within the Minnesota River Valley Housing and Redevelopment Project No. 1 ( "Project "), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. On the date hereof, the Authority has further approved a modification of the tax increment financing plan for the TIF District. Pursuant to Minnesota Statutes Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its $981,530 Taxable Tax Increment Revenue Note, Series 2001A (the "Note ") for the purpose of financing certain public costs of the Project. 1.02. Series 1998A Note The Issuer has previously issued its $3,591,195 Taxable Tax Increment Revenue Note, Series 1998A (the "Series 1998A Note ") to Seagate Technology, Inc. (the "Owner ") pursuant to Section 3.3(b)(i) of the Contract for Private Development between the Authority, the City and the Owner dated April 7, 1998 (the "Agreement "). The Series 1998 Note was issued in order to reimburse certain Property Acquisition Costs of the Owner, as defined in the Agreement. 1.03. Issuance, Sale, and Terms of the Note Pursuant to Section 3.3(b) of the Agreement, the Authority agreed to issue a subsequent note or notes in order to reimburse certain additional costs incurred by the Owner, provided that the aggregate amount of such notes together with the Series 1998A Note may not exceed $4,247,600. Pursuant to Section 3.3(d) of the Agreement, the Authority also agreed to issue an additional note in order to reimburse certain Utility Costs. The Authority hereby authorizes issuance of the Note to the Owner in order to reimburse the Owner for (a) MNDOT Parcel Acquisition Costs in the amount of $175,000 (b) Parking Improvement Costs and Site Improvement Costs, or any portion or combination of such costs, in the aggregate amount of $481,405; and (c) Utility Costs in the amount of $325,125. The Note shall be dated as of the date of delivery thereof and shall bear interest at the rate of 7.5% per annum to the earlier of maturity or prepayment. The Note shall be delivered upon the Authority's receipt of evidence that Owner has incurred and paid the costs in the amounts and in the categories identified in clauses (a) and (b) above, all in accordance with Sections 3.3(b)(ii) and 3.3(d) of the Agreement. SJB- 193770v1 SH235 -8 Section 2. Form of Note The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount, interest rate and payment schedule adjusted as of the date of issue: 0 0M3 I 1 STATE OF MINNESOTA COUNTY OF SCOTT 1KCONO1VHC DEVELOPMENT AUT' t =' / THE OF SHAKOPEE No. R -1 $981,530 l ' 1 I1 Date of Original Issue 2001 The Economic Development Authority for the City of Shakopee (the "Issuer "), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of Seagate Technology, Inc. or registered assigns (the "Owner "), solely from the source, to the extent and in the manner hereinafter provided, the principal sum in an amount not to exceed $981,530 (the "Principal Amount "), together with interest thereon at the rate of 7.5% per annum. This Note is given in accordance with that certain Contract for Private Development among the Issuer, the City of Shakopee (the "City "), and the Owner dated as of April 7, 1998 (the "Agreement "). Capitalized terms used "and not otherwise defined herein shall have the meaning provided for such terms in the Agreement unless the context clearly requires otherwise. Principal and interest of this Note shall be payable in semi -annual installments payable on each February 1 and August 1, (the "Scheduled Payment Dates ") commencing August 1, 2001 and ceasing no later than February 1, 2009 (the "Final Maturity Date "). The Principal Amount and interest thereon are subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. Interest at the rate stated herein shall accrue on the unpaid Principal Amount, commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. This Note is payable solely from and to the extent of "Available Tax Increment," which shall mean, on each Scheduled Payment Date, 97 percent of the Tax Increment attributable to the Development Property and paid to the Authority by Scott County in the six months preceding the SJB- 193770v1 SH235 -8 Scheduled Payment Date. The Authority's calculation of Available Tax Increment shall be conclusive. Notwithstanding anything to the contrary herein, Available Tax Increment is pledged to the Issuer's $3,591,195 Taxable Tax Increment Revenue Note, Series 1998A (the "Series 1998A Note ") on a parity basis with this Note. On each Payment Date, Available Tax Increment will be applied ratably with respect to this Note and the Series 1998A Note, based on the outstanding principal balance of such notes, subject to all terms of this Note and Resolution (as hereinafter defined). Except to the extent qualified by Section 3.6 of the Agreement, the Issuer shall have no obligation to make any payment on any Scheduled Payment Date if, as of such date there has occurred and is continuing any Event of Default on the part of the Owner as defined in the Agreement. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment as of such Scheduled Payment Date shall be deferred and paid, without interest thereon, on the next Scheduled Payment Date after the Event of Default is cured. If an Event of Default is not timely cured and the Authority elects to terminate the Agreement and the Note (subject to the qualifications set forth in Section 3.6 of the Agreement), the Note shall be deemed terminated and the Issuer shall have no further obligations hereunder. This Note shall terminate and be of no further force and effect as of the earlier of. (1) the last Scheduled Payment Date; (2) the date the Principal Amount together with accrued interest thereon shall have been paid in full; or (3) the date the Agreement and the Note have been terminated in accordance with the Agreement. The Issuer makes no representation or covenant, express or implied, that Available Tax Increment will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Issuer shall have no obligation to pay any portion of the Principal Amount or accrued interest thereon that remains unpaid after February 1, 2009. This Note is issued for the purpose of financing certain public redevelopment costs in connection with a project undertaken by the Issuer pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and is issued pursuant to the resolution of the Issuer adopted on 5 2001 (the "Resolution ") duly adopted by the - Issuer pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.178. This Note is a limited obligation of the Issuer, payable solely from moneys pledged to the payment of the Note under the Resolution. The Note shall not be deemed to constitute a general obligation of the State of Minnesota, or any political subdivision thereof, including, without limitation, the Issuer. Neither the State of Minnesota, nor any political subdivision thereof, including, without limitation, the Issuer, shall be obligated to pay the principal of this Note or other costs incident hereto except from the revenues and receipts pledged therefor, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof, including, without limitation, the Issuer, is pledged to the payment of the principal of this Note or other costs incident hereto. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Issuer kept for that purpose at the principal office of the Registrar, by the Owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Issuer, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Issuer with respect to such transfer or exchange, there will be SJB- 193770v1 SH235 -8 issued in the name of the transferee a new Note of the same aggregate principal amount, bearing no interest, and maturing on the same dates. This Note shall not be transferred to any person or entity unless the Issuer has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Issuer, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Transfer of the ownership of this Note to a person other than one permitted by this paragraph without the written consent of the Issuer shall relieve the Issuer of all of its obligations under this Note. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Board of Commissioners of the Shakopee Economic Development Authority has caused this Note to be executed by the manual signatures of the President and the Executive Director of the Issuer and has caused this Note to be dated as of the Date of Original Issue specified above. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE Executive Director President SJB- 193770v1 SH235 -8 The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director Seagate Technology, Inc. Federal Employer ID No.94- 2612933 3.01. Denomination, Payment The Note shall be issued as a single typewritten note numbered R -1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Scheduled Payment Date, whether or not such day is a business day. 3.03. Registration The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. SJB- 193770v1 SH235 -8 (d) Improper or Unauthorized Transfer When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated Lost, Stolen or Destroyed Note In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall "be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its Chair and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner in accordance with the Agreement. Section 4. Security Provisions 4.01. Pledge The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. SJB- 193770v l SH235 -8 4.02. Note Fund Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special TIF District No. 11 Note Fund (the "Note Fund ") to be used for no purpose other than the payment of the principal of and interest on the Note and the Series 1998A Note. The Authority irrevocably agrees to appropriate to the Note Fund all Available Tax Increment received by the Authority. Any Available Tax Increment remaining in the Note Fund shall be transferred to the Authority's account for TIF District No. 11 upon the payment in full or termination, in accordance with their terms, of all Notes issued pursuant to this resolution and Section 3.3 of the Agreement. 4.03. Additional Obligations The Authority has issued the Series 1998A Note in accordance with Section 3.3 of the Agreement on a parity basis with the Note issued under this resolution. Except as provided in the previous sentence, the Authority may not issue any other obligations secured in whole or in part with Tax Increment (as defined in the Agreement) unless the pledge of Tax Increment to such obligation is fully subordinate to the pledge of Tax Increment to the Notes issued pursuant to Section 3.3 of the Agreement. Section 5. Certification of Proceedings 5.01. Certification of Proceedings The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 5. Effective Date This resolution shall be effective upon the date of approval, or upon full execution of the Agreement, whichever is later. Adopted this day of 5 2001. President V- Executive Director SJB- 193770v1 SH235 -S of I I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. , presented to and adopted by the Economic Development Authority of the City of Shakopee at a duly authorized meeting thereof held on the day of , 2001, as shown by the minutes of the meeting in my possession. Dated this day of ; 2001. City Clerk (SEAL) SJB- 193770v1 SH235 -8 01 N II m m 1 l0 l0 O O O N L9 d' O d LD L (Y) O II h E- r- � co 00 Ln O O d m m m m m m m N a . . . . . . . . . . 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O w E-1 H z W W W W W W W W W W W W W W W W U U U U U U U U U U U U U U U III FXI ll. r14 rLI ww w Dl 41 41 F- 4r.-4 F�l z 04 a a 04r14 04 cx t> Px rxc>~czr xDx0~ H W W W W W W W W W W W W W W W Pi PP &i PPPEi E-+ HHEiE-1 EiHH m z z z z z z z z z z z z z z z h H H H H H H H U H H H H H H H H Q >4 >1w yiP >A>i>i>i >ir FC 04 04 04 a4 04a4 04 rz al 44 04 a4 a4 a4 a4 wa4 I C w co H W w a Ei 00 co CO CO O m O O W m co m m m w M z m m m m m m m m> m m m m m m O" H Ln m dl CO H Ln (Z) O O Ln m zv O H Ln o CD r-i r-i N H N N N O H H N H (N N N M M Ln Ln ,o lO co co M M U) Ln I'D �10 co N 0000000 O 0000000 H W w w w w w W w w W w w W W w F7 FJ F] I] I-D I] h I7 h F7 h F7 F] F7 F7 F] 0 o 0 0 000 O o O O 00 00 0 0 0 0 0 0 0 0 0 0 o O o 0 o O o I I I I I I 1 I 1 I I I 1 I I H H H H H H H ri H H N N ri H H H ri 'I H N N 0 0 0 0 0 0 0 0 0 0 N N N N N N N lO LO H H ri H H H H H H H H H H H H H r-i M M dl d' cl+ dl V' di d' cf+ dl dl 'fl v dl VI dl 1 I 1 i i I I I I I I I I I I I o 1-1 0000000 ri Ori OOOO o00 Ln (6 If) m m Ln m m m (L$ Ln (o Ln U) Ln Lo U) Ln Ln dl 11 VI mil' dl 'G' dl dl IQ' U dl 1) Cl dl 1 dl IQ' dl d' m 0 m m m m m m m 0 m 0 m m m m m m m I E-, I 1 1 1 I I I Ei I E-1 I I I I I I I o o 0 0 0 0 0 o x O x o 0 0 0 0 o O Ln x In Lo Ln Ln Ln Ln Ln x Ln x Ln Ln Ln Ln Ln Ln Ln -x a -x a s , a a a a I� is H H a a a a C7* 00 CD CD0CD0 0 i C70C7CDCDCD0 II O O O o O O O 0 0 0 0 0 II 0 0 0 0 O O O 0 0 0 0 O O II I I I 1 I 1 1 I I 1 I U) II 0 C 0 0 O O o 0 0 N N N N N o 0 dl II I- h L- h h 'ZI .14 dl 'll O O O 0 0 N N • 11 O O O O O Ln U) Ln Ln 1-1 1-1 H H H LD lD O 11 N N N N N N N N N M M M M M M M Q z 11 I 1 I I 1 1 1 I 1 1 1 I II o 00O r 000 -1 0000 r-I O.-i Ei II Ln Ln Ln Ln It Ln Ln Lo (d U) Ln Ln In to Ln (13 rr '7-I II 1' Vl '3 "V J_1 Ul 3' dl J-) dl d' V' mot' J.1 " z 11 m m m m 0 m m m 0 m m m m 0 m 0 O 11 1 1 1 1 E-1 1 1 1 E-1 I I I 1 Ei Ei Ei U it 0000i< o00* OOOO > o x U U it Ln Ln Ln U) - Ln Ln Ln Ln In Ln Ln -x Ln W FC II ;v q q' dl -K lzv dl d' w rnnaaaa ->< aaax aaaa -x a CO a it 0CD00 -1 0007i 00070 x L7 co co M lD M C A lD Ll- Ll- N N d' CO Ln 1 M M M to I H H H N M H N �,D �,O l0 N N M LD l0 l0 m O d' d' Cl- CO tb M M M r-1 H H CO co (n �,D N M r-i M N - l0 N O N m M M H H H M Ln Co m H J N N M Cl) M 1 10 l0 co CO O O N N O O H H O O N N O M M L- H M Ol H r- 0 4 dl l0 m '�zH m L- M O H H O h H M m \D M M O m M H M d ri CO O M M to w M�� H H H H r-i M H H M N N M N U) N m M O 1` m m Ln N m M M C- m m N l0 O ID \D O m H H I'D O lD l0 O m 1-1 Ol co M k.0 m N Lf) N CO O M l0 m N m O H m I'D O I- m m m m Ln lD m h M co m Lf) P' M M M (n M M M Cl' M P' M M M c" 1 (C) M (n O U o 0 0 o O O o 4 O Q O o 0 0 0 0 0 O O O C D Q O O O O O O P O C D O O O 0000000 o 0000000 m W m m m m M m CO M M w M W Co w G) m m m m m m m m m m m m m m m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ H- K Lnm�rmHLnO x C) -x mm wmHLno M H O H H N H N N r-1 N ri O H H N H N N \ (d \ \ \ \ \ \\ (z \ ro \ \ \ \ \ \\ N J-) M M U) U) l0 l0 co J-) co J-J M M Ln Ln \D 1,0 O H O O O O O O O O O O O o 0 0 0 0 0 0 H H Ei W W W W F T I W W W W W W W W W W W 1 11 FJ F] F] F FJ h F] U 1-- J-1 h F] F] F7 F] h 1-- U U U Ei Q) Q) Q) x O o w z H 4Y. O w E-1 H z W W W W W W W W W W W W W W W W U U U U U U U U U U U U U U U III FXI ll. r14 rLI ww w Dl 41 41 F- 4r.-4 F�l z 04 a a 04r14 04 cx t> Px rxc>~czr xDx0~ H W W W W W W W W W W W W W W W Pi PP &i PPPEi E-+ HHEiE-1 EiHH m z z z z z z z z z z z z z z z h H H H H H H H U H H H H H H H H Q >4 >1w yiP >A>i>i>i >ir FC 04 04 04 a4 04a4 04 rz al 44 04 a4 a4 a4 a4 wa4 I C w co H W w a Ei 00 co CO CO O m O O W m co m m m w M z m m m m m m m m> m m m m m m O" H Ln m dl CO H Ln (Z) O O Ln m zv O H Ln o CD r-i r-i N H N N N O H H N H (N N N M M Ln Ln ,o lO co co M M U) Ln I'D �10 co N 0000000 O 0000000 H W w w w w w W w w W w w W W w F7 FJ F] I] I-D I] h I7 h F7 h F7 F] F7 F7 F] 0 o 0 0 000 O o O O 00 00 0 0 0 0 0 0 0 0 0 0 o O o 0 o O o I I I I I I 1 I 1 I I I 1 I I H H H H H H H ri H H N N ri H H H ri 'I H N N 0 0 0 0 0 0 0 0 0 0 N N N N N N N lO LO H H ri H H H H H H H H H H H H H r-i M M dl d' cl+ dl V' di d' cf+ dl dl 'fl v dl VI dl 1 I 1 i i I I I I I I I I I I I o 1-1 0000000 ri Ori OOOO o00 Ln (6 If) m m Ln m m m (L$ Ln (o Ln U) Ln Lo U) Ln Ln dl 11 VI mil' dl 'G' dl dl IQ' U dl 1) Cl dl 1 dl IQ' dl d' m 0 m m m m m m m 0 m 0 m m m m m m m I E-, I 1 1 1 I I I Ei I E-1 I I I I I I I o o 0 0 0 0 0 o x O x o 0 0 0 0 o O Ln x In Lo Ln Ln Ln Ln Ln x Ln x Ln Ln Ln Ln Ln Ln Ln -x a -x a s , a a a a I� is H H a a a a C7* 00 CD CD0CD0 0 i C70C7CDCDCD0 February 22, 2001 City of Shakopee Attn: Paul Snook City Hall 129 Holmes Street Shakopee, MN 55379 -1376 Seagate Technology 920 Disc Drive Scotts Valley, CA 95066 -4544 RE: Seagate Technology -- Finalizing Eligible Costs and Issuance of Tax Increment Revenue Note Dear Paul: I thought it would be appropriate to review all the eligible project costs with you before you finalize and issue the Note. According to Seagate Technology's Private Development Agreement and TIF Plan, Seagate is eligible for reimbursement of $4,247,600 plus the $325,125 electric utility charges from Shakopee Public Utilities Commission ( "SPUC "). The eligible project costs and charges are identified as follows: Land Purchase Cost to Seagate) $ 3,591,195 MNDOT $ 175,000 Eligible parking & site improvement costs $ 481,405 SUBTOTAL $ 4,247,600 Eligible SPUC charges $ 325,125 TOTAL — proposed Note amount $ 4,572,725 For your records, I am also providing as attached hereto the appropriate back -up documentation for the following costs: (a.) eligible parking and site improvement costs, and (b) copy of SPUC's final invoice, Electric Facilities Agreement, and associated cover letter from SPUC. This transmittal should now provide all the information necessary to finalize and issue the Note preparation. Please proceed with the preparation and issuance of the Note for the total amount identifed above. If you have any further questions, please feel free to call me at (831) 439 -5303. Sincer , Geo ey . May Se or Director of WW Real Estate & Development Seagate Technology CC: Roger Guenette — Advance Resource for Development Les Beatty -- Seagate Technology, Shakopee Larry Bailey -- Seagate Technology, Shakopee Attachments L m U O 0 I Cl 0 O 0 O O CCi F on m _ N O O N C C0 -+ O O O � W ca rn r a) CD L cz m O LU 20 O N W N E on H ® c o 00 LY 00 N 3 IL Q o� '•" v A U � N H U � cn w �� U C C H 6 � CrJ W N z v� .-i_cn 1 J C.) oaa W cn pq cl) O Y w U ai cis R 41 H a ON m a% C H W w 1� D W q w -4 H Ri -4 Q. O R > > + N M w Oa Pt O N m U H v] U > U cn O z z z 0 H O N u Z � 0 O N W H U � � a U U W W E-4 H H W W - U f=+ U U W H U � U fii G - c co w 0 L m U C ca on m _ now Fn C C0 � w j O � of ca rn r a) CD L cz m O LU 20 t U W H U 0 rn ® c o 00 L m U C c6 ca m Fn C C0 � w j O � of ca rn r a) CD L cz m O LU 20 t U W H U 0 rn ® c o 00 O T H � 3 IL Q o� v A U � CO m L 6 v c H U � � C LLI v H 6 � ��m W m 0 W N z v� .-i_cn 1 J C.) oaa W cl) O Y w cis R m a% � W q H Ri -4 Q. O R > N Cl) CD w Oa N m U H a U cn z z z OO O N W' Z � Ri U � ,^ U U U W W W H W W W - U V] M m W U � U fii G - 0 A W � W N m U C c6 ca m C U � w j O � of ca a) CD L cz � t U W H U 0 rn O T H � 3 v A U � H U � � C H q p.a 6 � W N ] v� .-i_cn 1 N December 29, 2000 Lester F. Beatty Facilities & Services Manager, Twin Cities Operations Seagate Technology 1280 Disc Drive Shakopee, MN 55379 RE: Electric Service - Shakopee Facility Dear Mr. Beatty: Our last contact on this was to exchange signed copies of the Letter of Agreement in May 1999. Since then, although the drafting of the formal agreement was of interest, our efforts were focused more on the technical items covered by that Letter of Agreement rather than getting an agreement in final form. This letter is aimed at four tasks: 1. Note for the record the accomplishment of the specific commitments described in Section 2.1 of the Letter of Agreement carrying a completion date of 1/1/2001. Those commitments for the substation were accomplished in June 2000. 2. Provide a draft of the formal agreement called for in the Letter of Intent. The draft is enclosed, carrying an effective date of first day of April, 1999. 3. Invoice for the various charges connected with the installation of the electric service. The invoice is included. 4. Identify details yet to be completed. We believe the items yet to be done are: a) sign the agreement (Seagate and SPUC) b) payment of charges (Seagate) c) make the final drawings of the feeder arrangements to be included with the agreement (SPUC) d) granting of specific easements to SPUC (Seagate) e) resolve specific operational details for smooth coordination between personnel (Seagate and SPUC) 1030 East Fourth Avenue ® Shakopee, Minnesota 55379 -1899 ® (952) 445 -1988 • FAX (952) 445 -7767 Lester F. Beatty 12/29/00 We will be happy to meet with you to review all this, and we can proceed get the full automatic backup on the electrical service into operation in the very near future. Sincerely yours, /Ouis Hout Utilities Manager Shakopee Public Utilities Commission • n 010130. AGREEMENT made effective the first day of APHL 1999, by and between Seagate Technology, Inc. ( "Seagate ") and Shakopee Public Utilities Commission (the "Commission'). Seagate has recently completed the construction of its new quarters at 1280 Disc Drive in the City of Shakop=, Minnesota (thc "Sate Building. Seagate has requested the Commission (a) to provide certain unique electrical facilities for its interconnection with the Commission to afford Seagate backup electrical reliability and (b) to make certain arrangements to accommodate the significant, additional electrical load resulting from the operations of the Seagate Building. Commission has agreed to meet the special Seagate requests, but has stipulated that a reasonable portion of the extraordinary costs associated withthe specified facilities must first be paid by Seagate and Seagate has agreed to do so. The parties have negotiated and agreedupontht portion of the costs of underground service installation which shall be paid by Seagate and desire to set forth here the terms and conditions governing the installation. NOWTHEREFORE, in considerationofthe foregoing, and the mutual covenantsherein,the parties hereby agree as follows: 1, Interconnection Seagate will bepmnancntly intcrconnZCted wirhthc Cammiskion's distribution system on or about April 1, 1999 with a load of 5.1 MVA at Ninety-two (920 Percen power factor which Commission shall accommodate and serve. Service will be provided at 13.8 Kti primary voltage. 2. Commission Facilities To meet the increasing load imposed by Seagate on the Commission distribution sysicm, Commission does agree to undertake the following projects: 11 By July 15, 1999, the Commission shall install and energize a temporary substation which, on that date, from that substation and other resources of Comma scion as may be necessary, shall afford Seagate capacity of up to 8.4 MVA at Ninety -two (92 %) Percent power factor; and 2.2 By January 1, 2001, the Commission shall install and energize a new, permanent substation which with other Commission resources, will be available to supply service to Commission loads including Seagate. 000 0 00 0 0 N O O N F .-i O O r+ W O N F H W 0o N N = W C7 N , F � C'rJ ai UW] �nON a O z H H o0 W D � �t . N cn (sa n r3 OU ',D x O W W p� U U H H H N W W W W O O O O O I O O O O 7 O O Ln N O O N N O M Ln 00 N N N N U Z CO O CO ' n i co 1 co co 1 cr Q 1 m Lo t � co ui m mm C CL Q m � O E 4516 o i E - 4 — vcv Go 2 m 6 z T u o CL a W ca co °W m � L Qi 1 yM V W m 0 U J W A •-+ W F-i ON a I W O — O O P: W D --+ -4 N c*) U H �l W cr1 O D Ln 3 CL owoa - O z H u'1 N cn U HH 'o %D •o z A z ai U m W z 00 z z o H H U °i � z� H W W F-4 E-H H W H cnw W H W — I U Zp UU U x HAP+ C7 CO V] W Z U r7 Q 00 Qt 14 H m -4 W A W 6 FW O E-H r i 2.3 The Seagate loads referral to in Sections 1 and 2 are based upon the projections of Seagate for the times referred to therein. The actual loads of Seagate may be less upon the dates referred to in Sections 2.1 and 22 or thereafter and no penalty or damages shall be charged by the Commission to Seagate by reason therco£ Nor shall the Commission be liable to Seagate for the delivery of service at any particular load levels, after the referenced dates, except as provided in Section R. 3. Additional Feeder Facilities, Automatic T dU Capab_ ility Seagate has requested additional facilities to provide reliability of service exceeding the standard arrangements made available by Commission. Two separate feeder circuits are to be provided for the Seagate Building by Commission. Feeder diagrams prepared by the Commission are attached hereto as Exhibit A. The Commission reserves the right to modify or revise the feeder circuits and the methods of supply to Seagate as diagramed, provided that the Commission provides for Seagate functionally equivalent electric service. Upon the request of Seagate, the Commission may consult with Seagate with respect to such revisions and modifications, but the final determination shall be made by the Commission exercising its sole discretion. The first circuit will provide a normal feed dedicated to provide service exclusively to Seagate. The second circuit, will serve as a backup to the first circuit if Seagate suffers a loss of service for the first, normal circuit The second circuit will not be dedicated to exclusive use by Seagate, but Commission shall reserve sufficient idling capacity in the second circuit to provide service upon Seagate's transfer to that circuit- All switchgear necessary to cause that transfer shall be designed and installed by Seagate and Seagate shall be responsible for the operation and maintenance of its pfiTnary voltage switching and transfer equipment. Prior to installation, Seagate shall provide diagrams and other engineering data requestedby the Commission concerning its switching and transfer equipment for review by Commission prior to connection to the Commission distribution - system. The purpose of the review shall be solely to assure Commission that its distribution system is or will not be compromised by the Seagate equipment. 4. Undm=und 5 ste . The Commission shall install facilities necessary to provide an underground electric distribution system to serve the Seagate Building from the point of Commission's existing distribution system most proximate to the Seagate Building to the underground service connection point(s) on the Seagate property upon which the Seagate Building is located, as designated by the Commission. 4 °1 Coordination The Commission shall endeavor to coordinate the installation of the underground system with the activities of Seagate in the area to be served; provided, however, the Commission shall not be required to install the underground system in segments smaller or larger than are considered economically feasible. 4 2 asements. Prior to the installation ofthe underground system, Seagate shall at no cost or expense to Commission, grant such easement rights to the 2 Commission as Commiss may require for the installation, operation, and maintenance of said system. 4.3 Land F1 0=i= Prior to the time the installation of any segment of said underground system is commenced by Commission, Seagate shall establish grades in the easement strip which shall not be above, or more than four (4) inches below, the finished grade. Before trenching nperations are started by Commission: (a) The route of the underground system shall be accessible to Commission equipment, and (b) `111 obstructions shall be removed from such route by Seagate at no cost or expense to Commission, and (c) Marker stakes at lot corners shall be p6ced by Seagate at intervals dcsignatedby Commission. 4.4 j:inal Connections. Commission alone shall make final connections of its facilities to Seagate's service connection point(s). 5, Ownership. Operm, tion. Maintenance Commission shall own, operate and maintain all facilities to be installed by it pursuantto this Agreement. All wiring and other facilities beyond the service point(3) designated by the Commission shall be owned, operated and maintain by Seagate. Except for the first circuit feeder referred to in Section 3, no Commission owned facilities and equipment are dedicated or reserved for Seagate's use, whether or not referred to in this Agreement Seagate shall pay the cost of any subsequentrelocations or rearrangements of all or any portion of the Commission's facilities described in Sections 3 or 4. 6. P;=crrt Obligations of Scams In consideration of Commission's perforn=co of its obligations in this Agreement and subject to its terms and conditions, Seagate shall pay to Commission the following sums: 6.1 With respect to the Commission facilities described in Section 2.1, the sum of Eighty Two Thousand One Hundred Twenty Five ($82,125) Dollars; 62 With respect to the additional arrangements described in Section 3, the sum of Two Hundred Twenty Thousand (5220,000) Dollars, and 6.3 With respec L to the underground installation described in Section 4, the sum of?wenty - ThreeThousand (M,000)Dollars (the "Estimated Cost") plus the "Additional Costs" as hereinafter defined. The Estimated Cost represents one-third of materials cost whiehrepresents the Commission's estimated cost 0 differential bctweon the cost of an overhead distribution system as opposed to the cost of an underground distribution system. in addition to the Estimated Cost, Seagate sball pay all additional underground installation costs incurred by the Commission attributable to (a) delays caused by Seagate, (b) soil conditions that impair the installation of underground facilities, such as rock formations, (e) paving of streets, alleys, or other areas prior to the installation of the underground facilities, or (d) unique characteristics, as definedby the Commission, that cause the installation costs to exceed an amount justified by the expected load ( "Additional Costs'). The foregoing fixed total sum, Thrce Hundred Twenty Five Thousand One Hundred and Twenty Five ($325,125) Dollars shall be paid by Seagate uponthe execution of this Agreement. Additional Costs under Section 6.3 shall be paidupon invoicing by the Commission. However, ifthe permanent substation facilities described in Section 2.2 are not completed by January 1, 2001, the Commission shall refund to Seagate the sum provided for in Section 6.1 ontbe first business day thereafter as the liquidated and only damages due: Seagate by reason thereof which in light of the uncertainty and difficulty in the determination of damages, Seagate and Commission both acknowledge is fair and reasonable. 7. = Funding_ Arrangements the parties acknowledge that the City of Shakopee has made arrangcments with Seagate to fund various costs related to the construction of the Seagate Building. The terms of those financial arrangements, including those as may address the amelioration of costs related to the facilities ref=ed to in Section 4 of this Agreement; are or will be approved by a determination of the City Council of Shakopee. The Commission has no jurisdiction with respt=L to these matters. Tye performance or non performance of the City Council authorized agreements shall not be relevant or affect in arty manner the obligations of Seagate under this Agreement. 8. 9ther 1'erros 8.1 Delax.s. Commission shall not be liable for any delay in the performance of its covenants if the delay arises from an act of God or from any other cause beyond its reasonable control. 8.2 Commission's Uniform Service Standards The Commission facilities referred to in Sections 3 and 4 shall be installed with reasonable diligence under the circumstance and in accordance with sound utility practices as reasonably determined by the Commission. Seagate shall pay caws for po'"= and energy in accordance with such Commission rate schedules for which Seagate may qualify. Rate schedules may be revised from time to time by the Commission as it may deem necessary or appropriate, provided that they are just and reasonable and not unreasonably discriminatory. The Commission will endeavor to provide continuous service to Seagate but cannot guarantee V IN WITNESS WHERFoF. the Parties do cause t presents to be executed by their duly authorized officers effective as of llic date first above stated. SI:IAKOpEr. PUBLIC UTILITIES cOMMSSION By — Its — M=tric Faeilltiea Agxmmd VS 4- Selptc (5433 i.WPD.1) a m AMC— :. By Its vtilitics Manager M w 0 s � o o H z C O i C, � W 0 0 w V W V z f�l Q V , E y o v aM - o a. a. a. � O � o c 0 w W w a I u 0 w o C 0 0 to W E o 0o W 0 rn n � O z a 0, ` , S p b b b 7 N h 0 o° 0 p . iT (r V oe o o —c C �4 a; U � ' �oq vi vi vi Gn \ �• O Vi fA iH G9 w en U s o0 v N ' r U b d o 0 c n ° �= o x o f o+ 0 �U b= ^ g v Q E E r � � d � ��O � v �� �.0 SEW* e D o O � � Fn , `m om �+ v h E v �°�' cj � o cL ;,;a � ¢ R , Q p •-� �o c U Q U °L p F w , u - z r� O o F H 0 W d � o ar o o A w m U) ¢ v .: H X3 NOISSIWWOJ� S313ld - rend �avioN 0o N -11OS3NNWi srs3r3a'�+ N31jr+ p c �( b ��w 3 4f 0 C01 V L U 3C V O 0 o D U T ' m � 6 E c c O o a z o v C ? 3 O � O U d x E O L ID O V —0 O o y 1 V V = U O y ry Q 1A'I N Q H z a 0 r.. �1 W U w W V r^^ VJ W I .s o s_ � T 3 O R v m a a p o H d a � 0 � U � 0 C u ® � ® ° v ?� U 5F U = O o � U U a c •' O U = W . E o f F o v = V b O m O � h ar O v N y � p O , O o V�. d y .r o ��c� O d .00 t C h E A V v F u s 3 eo •o O o o d a y C o Y E U ° C O O y O v � • U .0 L . N < I uu w p o. O N � a F Q O U d O O b 3 = � V V d 0 ~ a Q Q >E � o c � O O v 3 V Q W Q° 0 L C r E I O 'o o O E O �. O 00 0 . 6 0 WW W V ^ L U U a ¢ z S313ld - rend �avioN 0o N -11OS3NNWi srs3r3a'�+ N31jr+ p c �( b ��w 3 4f 0 C01 V L U 3C V O 0 o D U T ' m � 6 E c c O o a z o v C ? 3 O � O U d x E O L ID O V —0 O o y 1 V V = U O y ry Q 1A'I N Q H z a 0 r.. �1 W U w W V r^^ VJ W I .s o s_ � T 3 O R v m a a p o H d a � 0 � U � 0 C u ® � ® ° v ?� U 5F U = O o � U U a c •' O U = W . E o f F o v = V b O m O � h ar O v N y � p O , O o V�. d y .r o ��c� O d .00 t C h E A V v F u s 3 eo •o O o o d a y C o Y E U ° C O O y O v � • U .0 L . N 0 N U m d 0 M u eo a 0 u m m 0. CITY OF SHAKOPEE TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordina o SUBJECT: Appointment to the Economic Development Advisory Committee MEETING DATE: March 6, 2001 fr1 1I M The interview committee has interviewed the candidates for the Economic Development Advisory Committee (EDAC) and is recommending the appointment of Joe Helkamp. There were two candidates for the opening, incumbent Jay Lyle, and Mr. Helkamp. Per the committee's recommendation, the EDA is asked to nominate and appoint Mr. Helkamp to the EDAC. Actions Required: 1. Offer and pass a motion nominating Joe Helkamp to the Economic Development Advisory Committee. 2. Offer Resolution No. 2001 -03, appointing Joe Helkamp to the Economic Development Advisory Committee, and move its adoption. edacapptmemo2001.doc • a i 09190412 . ;ON FOO . �U Is a t • • r • i •. •- Joe Helkamp is appointed to the Economic Development Advisory Committee for a three -year term expiring February 28, 2004. Adopted in regular session of the Economic Development Authority of the City of Shakopee, Minnesota held this 6th day of March 2001. President Economic Development Authority of the City of Shakopee ATTEST; Secretary OFFICIAL PROCEEDINGS OF :1 COUNCIL ADJ. REGULAR SESSION ; t' EE, MENNESOTA DECEMMER Itt` The pledge of allegiance was recited. Amundson/Sweeney moved to approve the agenda as presented. Motion carried unanimously. Mayor Brekke reported that on December 7, 2000 he, Council member Morke, Mr. McNeill, City Administrator, and Mr. Leek, Community Development Director, attended a meeting with Shakopee Mdewakanton tribal officials in the Tribal offices in Prior Lake. Also present were representative's from Prior Lake and Scott County. At this meeting, the land trust application that has been filed with the Bureau on Indian Affairs by the Shakopee Mdewakanton Sioux Community was discussed. The City of Shakopee's view point on the application and why the City of Shakopee opposes the application was given and the tribe stated why they felt the City of Shakopee should not oppose it. The City of Shakopee is filing formal comments this week, regarding the land trust application, with the Bureau of Indian Affairs. Mayor Brekke thanked council member, Morke, Mr. Leek, and Mr. McNeill for all the time put into this matter. The meeting was productive with open dialogue between both governing authorities. The following items were added to the Consent Agenda. 15.E.1 Recreational Part-Time and Seasonal Employment Incentives; 15.E.5 Personnel Policy Amendment — "Acting" Pay, 15.E5.a. Acting Building Official Pay. Sweeney/Morke moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Sweeney/Morke moved to approve the meeting minutes for October 3, 2000 and December 4, 2000. Motion carried under the Consent Agenda. Sweeney/Morke moved to approve the bills in the amount of $ 593,953.33 plus $183,293.14 for refunds, returns, and pass through for a total of $ 777,246.47. (Motion carried under the Consent Agenda.) Official Proceedings December 19, 2000 of the City Council Page 2 Mayor Brekke reopened the continuation of the public hearing on the application for taxicab and taxicab driver's license by Oscar Javier Salas. City Clerk, Judy Cox, gave a staff report on this application. The application for a business license requires a public hearing before the City Council. The application for the taxicab driver's license is considered by the issuing authority and the action of the issuing authority may be appealed by the applicant to the City Council. Mr. Salas has submitted the required proof of automobile insurance. He will be installing the taximeter, he will be having the vehicle inspected, and he will be paying the appropriate fees upon approval of his taxicab business license by the City Council. Relating to the taxicab driver's license, Mr. Salas has provided the required information. The Police Department did conduct a background investigation as they are conducted on all applications for a taxicab driver's license. Based on the Police report and the review of the application from Mr. Salas, City staff did deny the driver's license application of Mr. Salas. Mr. Salas does wish to appeal that denial of the taxicab driver's license to the City Council. Ms. Cox is asking the City Council to continue the public hearing, and to consider the application for a taxicab business license for Mr. Salas's and to consider the appeal of Mr. Salas' of stafF s denial for the taxicab driver's license for this business. Mr. Oscar Javier Salas approached the podium to talk about the denial of the taxicab driver's license. He stated through an interpreter, that he wanted the taxicab drivers license so he could serve the City of Shakopee. The interpreter stated that. it was she who filled out the papers for the police investigation and she misunderstood the information that was asked. That is why there was the discrepancy between what the police investigation found and what they stated. Mr. Salas thought he only had to list violations that he had for the past seven years, he did not realize the violations were for a lifetime. Mayor Brekke declared this was a public hearing and asked for comments. There was no response. Mayor Brekke declared the public hearing closed. Cncl. Sweeney could understand the seven -year thought process. Deputy Chief Poole corrected the length of time from seven -years to ten - years. Cncl. Morke asked Tim Thomson, City Attorney, if the Council had the option to reverse the denial of this application? Mr. Thomson stated the grounds in the City Code are to "intentionally" make a false statement. When the Police Department talked with Mr. Salas, he freely acknowledged the DWI convictions of twenty years ago. The Council has the discretion to go either way on this appeal. If the Council believes this was not an intentional decision to mislead then the Council can go ahead and grant the taxicab driver's license. The City Attorney recommended that the taxicab driver's license be acted upon first and then the business license. The taxicab driver's license is issued by staff and is subject to appeal; the business license is what the public hearing was held for. This particular taxicab driver's license is being talked about tonight because Mr. Salas has appealed staffs determination. Official Proceedings December 19, 2000 of the City Council Page 3 Mayor Brekke asked if there was a time limit to apply for this taxicab driver's license again? 1W. Thomson did not think there was a time limit involved for reapplying, but he did feel there was a reasonable issue here. There was discussion between the Council, City Attorney and the interpreter as to where and when the previous driver's license of Mr. Salas was revoked. It was this miss statement that led to the denial by the Shakopee Police Department of Mr. Salas driver's license in the first place. Link/Sweeney moved to approve the application and grant a taxicab driver's license to Mr. Salas. Cncl. Morke felt this was a matter of just not understanding the form. He did not think there was intent to withhold information. Mayor Brekke pointed out that staff made the correct initial decision when they saw that there was information that was not reported. It was correct for them to deny and it was the Council's job to hear the appeal and then for the Council to make their decision based on the information heard at the appeal. Motion carried unanimously. Sweeney/Morke moved to approve the application and grant a taxicab business license to Oscar Javier Salas. Motion carried unanimously. Mr. McNeill approached the podium and introduced Dave MacGillivary of Springsted Inc. who is the City's financial consultant. Mr. MacGillivary stated that oodys' Investor Rating Service of New York upgraded the City's credit rating from an "A2" to an "Al ". This upgrade reflects the City's fast growing tax base, strong financial position evidenced by growing reserve level, and moderate debt levels. Mr. MacGillvary presented the City of Shakopee a plaque denoting the credit rating. Mayor Brekke thanked Cncl. Sweeney for his keen eye on the finances for the City of Shakopee along with Gregg Voxland, Finance Director. If it weren't for the efforts of Cncl. Sweeney and Mr. Voxland, the City would not be receiving this Al rating, which will save the taxpayers of Shakopee many tax dollars. Randy Sampson, President of Canterbury Park, approached the podium and addressed the Council with an update on the status of the card club at Canterbury Park. The impetus of this meeting was the conversions regarding backline betting. Police Chief Hughes is a regular attendee of the card club meetings; discussion has come up on the limited window of the backline betting. This window was originally six (6) months and then was extended two more months. Mr. McNeill requested Randy Sampson to come to a Council meeting and give an update on the backline betting as well as on overall issues. From a business standpoint, the card club has been very successful for Canterbury Park. The card club opened in April of 2000, the card club is accomplishing what had been hoped for, they are increasing the purses for the horse races and it is a viable business adventure. Public Safety issues were discussed. Canterbury Park has a very good The contracting of police service from the Shakopee Police Department was discussed. Canterbury Park staff is ready to sit down with the City of Shakopee Police Department and City staff to negotiate a contract. Mayor Brekke commended Mr. Sampson on his running Canterbury Park as a first rate business. Cncl. Morke asked Mr. Sampson what could be expected from the legislature regarding Canterbury's card club this year. Mr. Sampson replied that Canterbury is hoping to expand the size of the room slightly. The original layout could not accommodate the 50 tables that had been approved by the state legislature for the card club. Canterbury would like to do card tournaments; the tournaments would have the potential to go over the 50 -table limit and this would need to be addressed with legislation. Right now Canterbury Park does not have a bill in before the legislature that would affect the card club. If/when there is a bill before the legislature regarding the card club, a copy of the bill will be given to City staff. Some language changes are being looked at with legislative supporters of the card club and some lobbyists. Mayor Brekke asked Deputy Chief Poole if he wanted to make any comments. Deputy Chief Poole approached the podium and stated there has been an increase in police activity at Canterbury Park but the increase is not one of alarm, it is just proportional to the number of patrons. Dick Krueger, Executive Director of the Minnesota Racing Commission, approached the podium to speak on the backline betting at Canterbury Park. The backline betting trial period has been extended to January 19, 2001. It is the Racing Commission's intent now to let the sunset clause die regarding the backline betting and to let the two backline tables proceed as in the operating document. Mr. McNeill felt major issues could be avoided with the card club as long as Canterbury Park provided copies of the bills to go before the legislature to City staff and possible foreseen issues could be addressed before the legislature approved the bill. amendment to Chapter 11 (the Zoning Chapter) and does require a 4/5 vote or super majority of the Council. Morke/Link moved that the original draft Tree Preservation Ordinance be adopted as presented. Cncl. Morke felt the commercial, industrial and major recreation land should be included in the ordinance or the ordinance should not be adopted at all. Cncl. Link concurred with Cncl. Morke regarding the commercial, industrial and major recreation. Cncl. Amundson kept coming back to the land use plan and did not feel this original ordinance was fair to the commercial areas as it would change their ability to develop. Cncl. Sweeney felt the direction given to the Planning Commission was for them to come back with an ordinance the Planning Commission could live with and if they did come back with an ordinance he would support what the Planning Commission came back with. Mayor Brekke asked for audience participation. According to the Jun Thomson this tree preservation ordinance does apply to existing lots that do not have any residential structures on them. Cncl. Amundson asked Mr. Gonyea if the mitigation part of the ordinance would allow the building of homes if mitigation of some type took place. Mayor Brekke asked if anyone else would like to come forward. There was no response. Official Proceedings of the City Council December 19, 2000 Page 7 Motion failed on the original ordinance covering residential, commercial, and industrial property. Cncls. Link and Morke voted in the affirmative and Cncls. Amundson and Sweeney along with Mayor Brekke voting in the negative. Cncl. Sweeney wanted to know why a woodland inventory was needed when it appeared that the tree preservation ordinance was not going to pass on a 4/5 vote. Sweeney /Amundson moved to adopt the Tree Preservation Ordinance with amendments recommended by the Planning commission. Motion failed. Cncls. Sweeney and Amundson along with Mayor Brekke voted in the affirmative and Cncls. Link and Morke voted in the negative. Mayor Brekke thought perhaps the woodland inventory might give the City of Shakopee some valuable information in identifying areas of the City that the City wanted to preserve through park dedication. Cncl. Morke stated he just could not approve an ordinance he did not agree with. He thanked the Planning Commission and the City Council and all the people that addressed the issue for the time extended for this issue. Cncl. Sweeney stated he might consider the woodland inventory if the urban reserve areas of Jackson and Louisville Township were included in that inventory. Sweeney/Morke moved to direct staff to initiate the preparation of a woodland inventory including the City of Shakopee and the urban reserve areas as designated by the County in Jackson and Louisville Townships and see what this woodland inventory would cost the City of Shakopee and to bring this information back before the City Council. Cncl. Sweeney hoped with this motion that in concert with the County perhaps some areas for parklands may be identified and designated in Jackson and Louisville Townships by the County and by the City of Shakopee in Shakopee. Cncl. Sweeney stated that now the tree inventory would be costing more than $3,000 because he had added much more land with many treed areas. Mr. McQuillan approached the podium and stated there is the possibility of getting some grant money to off set the inventory cost. He is also looking into a grant proposal for a greenways grant program. This is a comprehensive grant program. Official Proceedings of the City Council Motion carried unanimously. December 19, 2000 Page 8 Mayor Brekke stated a tremendous amount of work went into this tree ordinance proposal. No ordinance was enacted but at least the process was gone through and he felt doing that process rather than not doing the process was beneficial. Everyone had the correct intent. Mr. Leek gave a staff report on the rezoning request for Shakopee Crossings property from Il to PRD, BI, and CC, located south of Hwy 169, West of C.R- 18 and North and South of Southbridge Parkway. Mr. Leek showed the properties requested for rezoning on a graphic. There would be a proposed highway coming through to serve the proposed elementary on the South side. The Planning Commission considered this request on December 7, 2000 and did recommend approval to the City Council on a 6 —0 -1 vote. Commissioner Houser abstained from the discussion and from the vote. StafFs recommendation is slightly different because there is some question as to what the legal descriptions would be that would apply to the zoning classifications based on the roadway configuration in a new plat. Should the Council choose to approve this rezoning this evening staff is recommending that a motion be made approving the proposed rezoning but also direction be given to staff to prepare an ordinance for that rezoning to be considered simultaneously with the final plat of the property so that the legal descriptions for the proposed rezoning areas can be fixed at that time. Cncl. Morke asked Mr. Leek how does the uses of the B -1, PRD, and CC fit what the comprehensive plan guiding is for this area. The comprehensive plan guides this area for commercial and medium density uses. Mr. Leek stated that B -1 and CC are both commercial districts under the zoning code and is consistent with the comprehensive plan. The other area is guided for medium density and the other intended use (P RD) would also be consistent with the comprehensive plan. There is a four or five acre piece that is not consistent with the comprehensive plan at this time but City Council directed staff earlier to amend the comprehensive plan for medium density and this area was included in that amendment and that Official Proceedings December 19, 2000 of the City Council Page 10 Cncl. Morke stated that this is the County's traffic problem. He would like to hear the County's ideas. Cncl. Sweeney stated that County Commissioner Bannerman shared some of the same ideas of the need for the County's participation in the traffic issues that Cncl. Morke expressed. Motion carried 4 -1 with Cncl. Link dissenting. Mayor Brekke directed staff to have the City Council along with the Planning Commission also sign the letter that Mr. Leek drafted to the County and to MaDOT regarding the right in right out access off of C.R. 18 into the commercial area in the Southbridge area. Sweeney[Morke moved to authorize the appropriate City staff to purchase a Whelen Model WPS 2800 -5 civil defense warning siren from Front Line Fire & Rescue for not more than $16,575.28. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to ratify the election of officers of the Shakopee Fire Department that were elected at the Shakopee Fire Department November, 2000 monthly meeting (CC DOC No. 302). (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the purchase of three full size police squads from Superior Ford in the amount of $64,266.00 in accordance with the State of Minnesota automobile contract #A- 174(5). (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5462, A Resolution Setting the Public Hearing Date To Consider the Vacation Of Easement Within Valley Park 6 Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Morke stated that the City doesn't have an ordinance with teeth in it, as does the City of Minneapolis, relating to abandoned buildings. He thought that it might be helpful if Shakopee had such an ordinance. He felt the City needed to be proactive on this issue. Morke /Amundson moved to direct staff to set a public hearing date for Tuesday, January 16, 2001 to consider an ordinance on vacant dwellings and buildings. Motion carried unanimously. Sweeney/Morke moved to authorize the appropriate City Officials to execute the electrical contract with Terry Krominga for the Year 2001. (Motion carried under the Consent Agenda.) Bruce Loney, Public Works Director, gave an update of the Feasibility Report for the Reconstruction of C.R. 83 and the Realignment of C.R. 16 in conjunction with the Valley Green Corporate Center. The Feasibility report was ordered by the City Council on September 19, 2000. Mr. Loney thought this feasibility study could be done by the December 19, 2000 meeting but many questions have arisen and Mr. Loney wanted to take the time to address these issues appropriately and make everyone aware of what is being done to address the issues. Specific issues needed to be looked into such as: transportation issues as they relate to concerns of Official Proceedings December 19, 2000 of the City Council Page 11 MnDOT in the AUAR for this area; the ultimate alignment of C.R. 16 and 17 Avenue; jurisdictional issues between the City and County, cost determination and cost participation agreements; timing of infrastructure improvements to C.R. 83, C.R. 16 and 17'` Avenue; and right -of -way acquisition. Mr. Loney gave a background as to where the City has been on this proposal. There was a meeting with the residents in this feasibility study area, in which 45 property owners attended. There were many concerns, questions and comments. This process was started back in 1996. There are some main issues which would require improvements in this feasibility study and these issues and improvements are: 1) traffic volume and turning movements (turn lanes); 2) realignment of C.R-16; 3) closing of Secretariat Drive, 4) adding of additional lanes on ramps; 5) biturninous, trail on C.R. 83; 6) perhaps a traffic signal 7) relocation of a signal system; 8) vacation of roadway. Also, Mr. Loney would like to reanalyze this option of the realignment. Is this the best realignment for C.R. 16 and 17 Avenue. This analysis was done in the transportation study also. At the meeting with residents some other options came forward. One of the options would go thru Shakopee Mdewakanton Sioux Community land and another option the residents proposed would go through the mine. Mr. Loney figured there were three basic alternatives for the realignment of C.R. 16. Those alternatives being: realigning C.R. 16 north of the nine, leave as is but with some intersection improvements or as the residents suggested go through Shakopee Mdewakanton Sioux Community land. The City has met with the tribal leaders of the Shakopee Mdewakanton Sioux Community land and they are very opposed to realignment through their property. To go through the mine is possible but it may not be a very good alternative. The residents also came up with the option of realigning C.R. 16 by going through the Valley Green Corporate Center and lining up with existing C.R. 16. This also may not be a good alternative; the County does not look favorably on this option. The current choice for the realignments is felt to be the best because it: 1) utilizes some existing right -of -way; 2) doesn't affect as much other residential property; 3) travels in an east -west direction; 4) allows two access points into the Valley Green Corporate Center to allow that development; 5) allows access points for other guided office park areas. Mr. Loney stated that once 17` Avenue is built the County would like 17th Avenue turned over to them for a County Road. The main reason for this street turnover is for consistency of maintenance according to the County. The County said the City could go ahead and try to get a speed limit study done on 17' Avenue. The City has contacted MnDOT. The road has been designed for 40 miles per hour not the 50 -miles per hour that county roads are constructed to. The City has met with the County to determine cost participation. The County has indicted that there will be some cost participation between the City of Shakopee and the County. Much of the cost will be assessments to Valley Green Corporate Center, some will be County costs and some costs will be assessed to the residents. Mr. Loney stated that one of the reasons this feasibility study is taking longer than anticipated is because of the City's sanitary sewer plan. The City is looking at bringing a deeper sewer line along C.R. 83. The City is also looking at a storm sewer line that needs to be very deep. Timing is a consideration with the County and the timing issue would need to be discussed with the County. The City will need a letter of credit on security because there will be some huge assessments, a cooperative agreement with County that would address cost participation and jurisdictional changes, right -of -way acquisition, easements, etc. The City would also like to look at a frontage road concept along C.R. 16 because of the residential areas. Official Proceedings December 19, 2000 of the City Council Page 13 Community Center at no charge during the time they are employed with the City. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve regular part time status for Linda Jansen effective 12/19/00 and to grant regular full time status effective 1 /1 /01. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to ratify the contract with changes with Teamsters Local 320 for Public Works, for contract to be in effect January 1, 2001 through December 31, 2002. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to accept with regrets the resignation of Michael Dellwo as Maintenance Worker for the Public Works Department of the City of Shakopee effective January 2, 2001. (Motion carried under the consent Agenda.) Sweeney/Morke moved to authorize the transfer of Duane Toenyan to his previous position of Maintenance Worker in the Public Works Department, with a November 25 anniversary date, also effective January 2, 2001. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize to begin advertising to replace Engineering Technician II position. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5467, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel handbook. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize that Tim Grampre, the covering Building Inspector for the absent Building Official, be compensated with acting pay retroactive to December 5 (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve the application and grant a massage center license to Amy Snyder, Knead It Or Knot, 287 South Marschall Road, contingent upon receipt of the required certificate of insurance. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the appropriate City Officials to enter into a contact for cleaning services for an annual amount of $43,656 with Masterpiece Cleaners, 11342 Deer Ridge Lane, Minnetonka, Minnesota; and, the cleaning of the restrooms five days a week at Lions Park for a total of $1,215 for the 2001 Summer season. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5464, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 5312, Establishing the Transit Commission for the City of Shakopee, and moved it s adoption. (Motion carried under the Consent Agenda.) Sweeney /Amundson offered Resolution No. 5465, A Resolution Decertifying Tax Increment Financing District No. 3, and moved its adoption. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5466, a Resolution Endorsing Steve Johnson For Appointment To The Metropolitan Council Park and Open Spaces Commission, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Link brought up the snowmobile issue. Mr. McNeill advised Cncl. Link that the City of Shakopee worked in conjunction with the Shakopee Police Department to enforce the snowmobile regulations. Cncl. Sweeney wanted the snowmobile ordinance reviewed by staff with the intent to prohibit snowmobiling in the urban areas of Shakopee. Sweeney/Morke moved to direct staff and the City Attorney to prepare an amendment to the snowmobile ordinance, which limits snowmobiling in the urban areas of Shakopee, if this does not work, then snowmobiling will be banned in the urban areas of Shakopee. Motion carried unanimously. Mayor Brekke recessed the Council meeting at 10:16 p.m. for an executive session to discuss labor negotiations. Mayor Brekke re- convened the meeting at 10:27 p.m. and stated that no action was taken during the executive session. Sweeney/Morke directed staff to investigate if the Chief of Police can deputize members of the snowmobile club to help with the enforcement problems. Motion carried unanimously. Sweeney/Morke moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:28 p.m. i Judith S. Cox City Clerk Carole Hedlund Recording Secretary W = II 111111� I II go= TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: March 1, 2001 C oin s� � Introduction and Background There is not an "Expenses By Department" report on the new system for 2001 business at this time. Attached is a regular council bill list for invoices processed to date for council approval. Also included in the checklist are various refunds, returns, pass through, etc. totaling $55,572.38. The actual net expense amount is $132,014.62. Action Requested Move to approve the bills in the amount of $187,587.00 m m m m m m m m m m m m m m m m O m m m m m m m m m m m m m m m m m m m m m m m m l m m 0 0 m m 0 0° m m 0 m 0 m 0 m 0 m m 0 0 m o m O m O m O m 0 m m 0 0 m 0 m 0 m 0 m 0 m 0 m m 0 o m 0 m 0 m 0 m 0 m 0 m m 0 O m O m O m O m O m m O O m O m 0 m 0 m A m m m V CO CO m m m A m W m N m m O V V (O m V V V m V m V A V W V V N —� V O m (D m m m V m m m m m A m W m N m m O m (O (T m m V (J1 m m m m A m W m N m O A (O A m O m �c m O o D r O ;r, m r z O z 71 m D Z m D m A 0 Z z -rni �= O m Z m z� `2 , Z O o m r o S2. ;o �" 0 � ( z r O 3 D r m Z< O (7 , 0 x D w - w 0 a m Z r- 0 z D D m -i 0 0 r m Z G _ Z Z D 0 m 0 z m K m z 0 O 0 - � -< r 0 m C p D n D z m� �� Or p m n-< O p Z< z D Z m 0 m C m Z �_ �7 { 0 m � C= T 0 -< z (� Z m D Cl) z { D F z o = _- z O N N m Z x K (n Z ° ° Z co m ° O D O N O C, W N O 0 N m W < M N O m D < O N O O m W m O N O m m V N N O N m O V (Ti _ m m (T N m O N m V (O m m p N O N N N O 0 N O O (D A O A O o m m O O p N O N O m ( O (r m A N m W m O O O O O O A O m O O O W W O O m O O m O O O N O O A O 0 A O O W N O O O O (p m m V O O m O O O O O O O W N O O m W m m O s m (D O O O O O O O O (p m m m m O O (O co 3 K K K K g r r r rD C� x C Z Z T= 2 0 0 0 m m 0 c 0 0 0= D C m m ' > D D D O O n p j m 0 r- m 0 0 0 K m m o <n Z z o z 0 m O m O z 0 `- -1 m m D O o D r O ;r, m r z O z o m D Z m D m A 0 Z z -rni �= O m Z m z� `2 , Z O o m r o S2. �" 0 � ( z r O 3 D r m Z< O (7 , 0 x D w - w 0 a Z r- 0 z D D m -i 0 0 r m Z G _ Z Z D n m 0 z m K m z 0 O 0 - � -< r == 0 m C p D n D z m� �� Or p m n-< p Z< z D Z m 0 m C m Z �_ �7 { 0 m � C= T -< z (� Z m D Cl) z { D F z o = _- z O x m Z x K (n Z ° ° Z co m ° Z O 0 0 < M m D u' 0 Z (' 0 o CO 0 � n m r- 0 O 0 m (n O{ O O m m K -i -< m-< O --1 0 K;U m m 0 0 0{ O -< -< -< o -< -1 w K -i m -< -< O 0 o x 0 -1 - O m c O O m X 0 0 0 -i X O m m x x O D m 0 - O O O m O A D c m�u D z O O v O m m O m r 0 = C m m O C c X D C C C= D Z x 0 Z Z z Q O m > c= C m C C M C M < F Z7 0 C. 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Zi 1 -Oi -Oi z o CD < cn cn G) < < Z D m m e D:4 4 � z ^ m v z m m m c 0 co r -i Cn co Co 2 m O m m z O co D Z O m D Z z G) cn cn v <n n r cn n m w m z w K m x m to 0 O w 0 x m v 3 co x m n v 3 x m x m m w m m m < < o�- � m x - x O o O X O O < cc m x O r m� z c f71 "' o or o O r- w o o d` m m p m r 0 m T O X m� m m m m m a m m m X m W m A Z m m m m m m m Z y m m m O Z n D > z z Z z m - Z p Z Z D D 1 D D_i D 3 Z D O c 0 O m O X Z O m Z y Z 0 0 o m p G) D z - D> Z D zz y z Z y m c c c m m n O m m m K K K c m m Z m z 0 z D z m m m m O m K m- i D M z o D m m z Z z i D m m O 3 c O m GDl m m m m K m Z m ccn ccn G) � O K Z m o z D "'{ -i > M D D Z K Z O K m M D --i D� z --I z z z m m m r z it r - z m i m z m r r r O O O - 1 O D j m -i D D D (� D z D m m m G) M X D G) Z 0 G) G) m m m m m m m m z m m ii -i z -i z � � N W 0 w 0 70 0 Z7 m G) r O G) N N O G O o O c O O T CD � D C O � m N m m v w m CD CD o N � O + ° _ _ w c, m 0 ( 5'9 9 e 9 E \ \ \ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ e /_ m e= T z z z e<« a 3=_< 0 @ > 0 / % 9 § % / / 2 ®� M CD mi , > o r Q E «_ e m a m m o z= \ ^ ® y ? / c § § > - - G \ m } 0 X M 0 2 0 0 o r o m 2 a o % \ { /) y % / 0 § / ) z 2 } ) > % \ 0 w $ / / > z § § & \ ) ) \ > [ \ j ) / m \ \ } m m z < z z \ G % ? t ) % % § 0 2 R 7 R m < > > > > m 0 @ o$ G§ g G 7 m 0 m m /) I § ° ° / \ \ § \ } > ( \ 3 4 \ \ G m ®a z m § z m o e§ a 0 0 m 3 § x% 0 5 /\ ° ° , 2 / K @ 5 z / z m m § z m e o m \ \ z m § - \ \ ® z 0 z / % \ > > m \ \ \ e= o m m s= -u m w * _ T_ -- » t y§ f R* f »» 7» f a m m m m m 2 »$ 1 , 0 0 m 0§$ 0§ 0 r r_ e e e a § p e r r= w a m r r= w r! r 0 0 0 0 0 a 0 m 0 0 0 0 o 0 o z r= c c= § m m¥ m m » _ _ _ y 7 y> $ c c c = < i § _ / _ _ a c $ e o 0 0 >- e o- o o- o- / / \ w \ \ \ \ / z x s m a z 71 ;rl \ \ \ \ \ \ \ m 0 0 O O d A a i N O O O ( N N (O O 3 C M fJ X X � � -> O � n D v D m ° G7 m O co rn C _ cp : Z1 D z C M A m O r _ m m z c 0 3 m m m m� O m C o o ° o T z m m 0 D ° O 0 m m CD O C m ° 0 SD N W v N m V CO A D a 3 CO V (P O N O (O 4 N m A A m O O O A 0 O C N O m O O W 0 N N co O o (7 C n (7 n C T N Cl) ci x = Cn > m 3 O 3 m m m Z � w m � o 0 a s N N CITY OF SHAKOPEE Police Department Honorable Mayor and City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police Communications — Award of Valor Presentation February 21, 2001 The Mayor is asked to allow the presentation of the Award of Valor to Officer Cody Homer. On January 17, 2001, Officer Cody Homer discovered a fire at Historic Murphy's Landing and evacuated the residents of the apartment building. Fire Chief Marvin Athmann, in written correspondence, advised that if it had not been for Officer Homer's heroic actions, lives would have been lost that morning. Staff requests that Mayor Jon Brekke introduce the Police Chief for the Award of Valor presentation. DH:pm 1 �5 A I i CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Youth Building HVAC Contract DATE: March 5, 2001 The Council is asked to award a contract for installation of a furnace, ductwork, and related equipment for the Shakopee Community Youth (Log) Building in Lions Park. Public Works Superintendent Mike Hullander has received three quotes from local companies for installation of a furnace, air exchanger, air conditioner, and related work for the Youth Building in Lions Park. The recommended system is that of Minnesota Plumbing and Heating, who quoted $12,280, plus $470 for a five -ton air conditioner (total cost $12,750). One of three bids was less cost ($10,408.50), but did not meet the minimum specifications prescribed by the mechanical engineer working for the project architect, JEA Architects. The $12,750 quote also includes the five -ton air conditioner, which is at a higher efficiency then what was quoted by the other two proposals. According to the mechanical engineer, the higher efficiency unit will pay for the added cost in four or five years. Previously, the City Council had given authorization to make expenditures of up to $10,000 without additional Council authorization. We had anticipated that the HVAC work would be in excess of that, and all three quotes received were in excess of $10,000. For that reason, we ask that this be approved by you. The Council is asked to consider this award as an "add -on" for the March 6 meeting, so that work may continue at the Youth Building by Public Works employees. • 1 �. The Council has previously been advised that the total cost of the improvements will not exceed $100,000 without further Council authorization. I recommend that the quote of Minnesota Plumbing and Heating, Inc., for $12,750 (less electrical wiring) be accepted. I��11 Y`[� ► l 1 IR D1 1> If the Council concurs, it should, by motion, direct staff to accept the quote of Minnesota Plumbing and Heating, Inc., in the amount of $12,750, for HVAC — related work at the Shakopee Community Youth Building. MOj,'LW Mark McNeill City Administrator MM:th • �. �; 1111liq 11111111l 1257 Marschall Road, Suite 104, P.O. Box 237 • Shakopee, MN 55379 P h o n e: 612/445 -5100 Fax: 612/445 -5119 PROPOSAL Date: February 28, 2001 To: City of Shakopee 129 S Holmes St Shakopee, MN 55379 Attn: Mike Hullander RE: Shakopee Community Youth Buildin(g 1121 West 11th Ave The undersigned hereby proposes to furnish for the above building all materials, labor and equipment and perform all work: Inclusions: - Install Carrier M/N MXA100 -120, 92% 100,000 BTU input gas furnace (for 1st floor). - Install Carrier M/N 38CKC060, 5 ton condensing unit with SEER rating of 10.00. - Install Carrier M/N 5WAV070 -114, 80% 60,000 BTU input gas furnace (for basement). - Reuse existing supply duct and install new return air duct for 1st floor unit. - Install new supply and return air duct for basement unit and install registers on supply duct. - Install Lossnay M/N ERV -450, 450 CFM air to air exchanger with necessary ductwork. - Install combustion a lr for 80% basement furnace. { - Install programmable thermostat for 1st floor unit. - All necessary permits. - Equipment start up and 1st year warranty on all equipment. $12,400. Exclusions: - No wiring included. This proposal void if not accepted within thirty days from above date. All material purchased and all labor performed during any one calendar month is due and payable on the 10th of the succeeding month. The parties to this contract agree that if said contract is not completed by any cost increase of materials and labor, subsequent to above mentioned date, shall be added to the original contract price. Accepted by Dated Proposal `b ��a, ... VV\ ,wm: rau auuv✓oia o l- 44D-b4U I 10: MIKe ; MnKy) Minnesota Plumbing & Heating, Inc. 1420 3rd Ave VV Shakopee, MN 55379 952- 445 -4444 Fax 952- 445 -9401 NAMEJADDRESS CITY OF SHAKOPEE 129 S HOLMES ST SHAKOPEE, MN 55379 EST L DATE ESTIMATE NO. I 312"01 352 P.0 NO. ( TEn N,G PROJECT j PmONE Due on rec &pt LIONS PARK YOUTH (SLUG i 33.382 1 FAX DESOR PTION. TOTAL [ATTN: M•:'r-E H PROJECT' LIONS PARK YOUTH COMMUNITY CENTr - HEATING & COOLING SYSTEM UPGRI",ClE - ADDIT' OF MFC;HANICAL VENTILATION - REMOVE LOWER LEVEL UNIT HEATER (CITY TO RETAIN) - REMOVE EXISTI''• ,'G 1ST FOOR COUNTERFLOW FURNACE - DISCOI VECT -TON AIR CONDITIONER (REUSE FOR LOWER LEVEL SYS T EM) - REROUTE MA!N FLOOR DUCT TO NEW I.OWER LI =VEL MEF — 4 : 3AL- ROOM - RESI2E SUPPLY AIR FOR 5 -TON AIR CONI"! r :0NE'R AIRFLLw FURNISH & INSTALL: 1 - 90% EFF LENNOX FURNACE dW 5TON A1R CONDITIONER. BL�_ IER DRIVE FOR `RAIN L ! EVE I L6- � �— I - 00% Err LEIVNOX FU -0NP VV13 -Tv , ! DR! VC FOR LUVVER LEVEL I -'vEN J.,A(Z L•RYAIR CHANGER rUU:;Fi. 1 - 3 -TON "A" CO 1 L 1 - 5-TON CONDENSING UNIT, "A" COIL, LINE 6E: PAL) -10 SEER LOT I w 1 NCCESSARY DUCT, HOODS CONTROLS FOR AIR lil IAIVGE ; 1 LCT NECESSARY DUCT, '.'CROP -IN REGISTEOC y_ u1' n DiVAkE F_1R LOWER LEVEL'AVAC TOT"L —1 1 ARGE FOR jOB - FOR 13 SEER 5 -TON AIR CONDITIONER - ADD $470 NOTES: - SUBMITTAL SHEETS ON EQUIPMENT A AILABLE ON REQLEST - ELEC "! Iz':' -- AL vV!a'JG BY OTHERS - ALL WOOD FRA MING BY OTHERS Date: 3/210, Time 12•1 RM °tye 1 of 1 12, 280.00 - HANK YOU FOR YOUR BUSINESS 911 CLAY ST- 55.379 952-445-5676, OR 952-445-572 612-40.3-7741 1 CITY OF SHAKOPEE 02/22/01 129 HOLDS ST. SHAKOPEE MN 5-"')379 115000 BTU INPUT 90% EFF. INSTALL FURNACE IN NEW MECHANICAL RM. IN • •' I , 1 SYSTEM. BID ON AIR EXCHANGER. SUMMERAIRE FOR BLDG. SHRV 240. INCLUDES FRESH AIR INTAKE 1 EXHAUST AIR. THREE . • FURNACE FOR BASEMENT; AMANA 1 . 1 70,000 BTU. 80% BID INCLUDES NEW DUCTWORK FOR 61 60,000 BTU. SEER RATING OF 10:00. LINE SET. ► 1 11 WN T: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R Michael Leek, Community Development Director SUBJECT: Proposed Moratorium on R-3/Multiple-Family Residential Development E G A : March 6, 2001 11 em 0 l III / At the February 20th meeting the Council directed staff to prepare a draft interim ordinance that would impose a 6 -month moratorium on "R-3" development. Accompanying this memo is a narrowly drafted ordinance consistent with Council's direction. Council is asked to review and discuss the ordinance, and take action consistent with its desires or provide staff with further direction. In this memo, the term "high density residential" will be used to refer to those areas in the adopted and proposed land use plans for R-3 or multiple family residential use. This memo does not address either areas guided for "medium density residential" or "planned residential" uses, as that was not the clear direction of the Council on February 20 The City Council in 1999 imposed a 9 -month moratorium on all residential development, including high density residential. A result of the moratorium was the creation of the "planned residential" land use category on the proposed land use plan, as well as a new, corresponding zoning district. Consistent with the handling of that moratorium, the attached ordinance has been drafted so that it would not apply to projects for which review is underway at this time. ISCUSSIN: The following table provides an approximation of the land area available, guided, and/or zoned for additional "high density" development. Both the 1996 and 1999 land use plans were the result of substantial public process, review by the Planning Commission, and review by the City Council. 1996 PLAN 1999 PROPOSED PLAN ALREADY ZONED High Density/ 173 acres 30 acres (does not include 104 acres -3 Planned Residential) % of Total 14.4% 2.5% 8.7% Available SA (Approx. 1200 acres) The accompanying land use plan maps graphically indicate the areas guided for high - density development. As can be seen, the percentage of land in MUSA guided for high density/R -3 use is relatively small. As was the case in 1999, those areas have yielded much of the development activity because of the practicalities of extending streets, water, and sewer services. If the Council intends that medium density and planned residential uses should be included, the percentages will obviously increase. City staff has provided the Council with information about the potential impacts should it choose to include in its consideration those areas south of STH 169 and east and west of Marschall Road that are guided for high density or medium density use, or which are currently zoned R-3 or PRD. The principal concerns that seem to have been raised by the Council to date include; • A perception that the densities allowed in the R -2 and R-3 zoning districts are too high; • A perception that, for attached housing project, an off - street parking ratio of 2 spaces per dwelling unit is inadequate; and • A perception that high- density or R-3 projects should retain at least as much area for recreation open space as would be required in a P (i.e. 15% useable space). An alternative to a moratorium to address these and other items of concern would be to initiate zoning code amendments consistent with the Council's shared vision for such uses. Budget pact: The City Administrator notes that while the land use standards will be the primary focus of any moratorium decision by the City Council, the Council should also be aware that development - related building permit, plan review and engineering fees would be significantly impacted. If a total moratorium is put in place for the remainder of the year, more than $800,000 in revenues would not be realized (more than one -third of what had been budgeted from those fees in FY 2001). Those revenues are used to fund engineering and building division staff, excess revenues are put into the Building Fund to finance such things as a new library and police station without having to impact existing property taxpayers. A moratorium would, therefore, have a financial impact on the City, as well as on the pace of development. 1. Approve Ordinance No. 595 as presented. 2. Approve Ordinance No. 595 with revisions as directed by the Council. 3. Do not approve Ordinance No. 595, but provide staff with direction about further actions to be taken to address the Council's concerns. 4. Table the matter for additional information. Staff recommends alternative 3. 1 1 1 Provide staff with further direction, or in the alternative, table the matter to provide time to obtain additional information. I 11 r KU W DI ago 1100 Section 1. Definitions. The following terms, whenever used in this ordinance, shall be interpreted to mean: Plat — A drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505, and containing all the elements set forth in Shakopee city code adopted pursuant to Mm. Stat. 462.358 and Chap. 505. High Density Residential — means use of property for dwellings, which use has an overall density of 11 to 18 dwelling units per acre, but does not include uses such as hotels, motels, institutions and boarding houses. Section 2. Intent. It is the intent of this ordinance to allow the City of Shakopee to complete in -depth study of the following: • The need for high- density housing options in the City, and the appropriate locations within the City for such housing options, • Land use and zoning controls appropriate for the management of high - density residential development, It is the further intent of this ordinance to protect the City's planning process and the health, safety and welfare of the citizens of the community. Section 3 — Temporary, Prohibition. Pending the completion of the studies referred to above, no high density residential plat or development shall be processed or approved, and no applications for such approval will be accepted. This ordinance shall not apply to the following: 1. Property for which completed applications for preliminary and/or final plat, Planned Unit Development (PUD), or CUP approval were filed on or before the date of adoption of this ordinance, if those applications are on the date of this ordinance complete and being actively pursued. 2. Plats which have received preliminary plat approval prior to the date of this ordinance, unless such approval is void by virtue of expiration. 3. The replatting of outlots, 4. Development commitments that have previously been approved by the City Council in settlement or litigation. 5. Commercial or industrial developments. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication, and shall remain in effect until the completion of the studies and official controls contemplated in this ordinance, or six (6) months hence. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the day of P 2001. Mayor of the City of Shakopee City Clerk Ordinance No. 531 Published in the Shakopee Valley News on the day of 7 2001. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 7 4 - i i' ,' ,.',., . �� f; Elb ��i� , � ``��� d LEGEND • 'ii" § ° �'! �, ;, 0 � " ; s�:: I �.,.� =� � � I I Single Family Res. i L : �q4 n: �•� ;• ...,. „a,. . li:..o \y ,tin Medium Density Res. \ p - - � ��: Nom " ``l E KE ® High Density Res. " N�1 + II y' ,97-,,,,,...1 I�Q \ NM Light Industrial ����� [ MN Heavy Industrial ` % [ �� Institutional IN-Nl 1 _ a a Ctrs �i � 3 1 ® Park r , ,,,,„, 1 WV �, Open Space j°li m" ' n 1� � 5 ® Entertainment du: " l � ' r ti I I Future Urban Area // IM` �7. 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J i���� IOr:n , f v .'� S ' ■ ■al ■I li ii o • ■; .,,u :{. ti ., - ∎ �� i \� ` �i � t►a L ;'�t, W. :.•mot - ■.11 1111 » t.. !` ♦ �x4 NNnwi� '1 vnu Oar . ■ ~ ■ . ♦� � ♦, /, * /�r lj�;l t.� . b.- ` _ J a � � � •a ���� ►lu � ='� >•I, ► t�1 �I# � ran! � . ina _dig,,-i ••• o nul,unn � �• �� , ���•' ” i ii {� ��! 1 ■ ▪ ■I ' 1 ,� LEGEND �! ,.,. , I ; _ _ a.. X11 r � = t— ∎ '���► °4 " "uC� = ='' MUSA 130U DARY IN I%uINiW :�:,�'a: e UNDEVELOP R3 min ►w�`�p,1�111 ■ _ ' ��„ VII of ` :j / ► ��:. •���`� ° ■ ABLE TO DEVELOP WITHOUT R3 �,��_ /_`�' '. -�_ MUSA BUNDARY — Ii i ' HT R3 ��l ■A � O '4-4 P„ ■• • ABLE TO DEVELOP WITHOUT R3 INSTITUTIONAL PROPERTY ■. � ��• ��Sti ►r• 1 �.l Ir a't`� , i rig II �'� I<i.li� 1r/ iii i 11111111W 7., f ='G ►:� mmona1• 'TPIIPI.4.4.t,„,otp.*:VIIIIIIIII l ., i.. D ,, rwt ti......_ d ___ WIN! —" liZYJ — 1200 0 1200 SHAKOPEE 1 02/28/01 14:51 FAX 6127245510 0 Michel Leek City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Item #15b(l)' N 2727 26`' Avenue S., Minneapolis, Mimesota 55406 Telephone: (612) 724 -5557 Fax: (612) 724 -5510 basalt @skypoiatco February 28, 2001 Re: Application for Preliminary Plat for Garden Lane Apartments — Response Councils Concerns Dear Mr. Leek: After the Council tabled our Application to replat and develop Garden Lane Apartments, the seller and I have looked at alternatives. We offer the following changes to the plate as suggested solutions to the Councils reservations raised in its last meeting. We have attached a copy of the new site plan to illustrate_ 1. Density can be reduced from 17.9 units per acre to 15.3 units per acre buy purchasing additional Iand for Lot 1. The difference for Lot 2 of the existing apartments is an increase in density from 11.4 units per acre to 14.5 units per acre. The total density of both combined is still at 15 units per acre. 2. A playground would be developed on the new development. The existing apartment has a playground on their property. The Developer and the existing apartment owner would also like to jointly build and have access to a volley ball court as an added amenity to both apartment developments. This is shown on the attached drawing and is proposed to be included on an outlot to permit easement to the existing apartments for access to it. 3. Parking has been increased by 12 more spaces by adjustments in the location of the building. The result is 2.25 spaces per apartment for a total of 108 spaces. However, 4 of these require a small easement of a few feet from the existing Apartments. I have a color rendering of the new site plan that I will send to you if you can use it as an aid in presenting these changes. I hope this will satisfy the Councils reservations with the proposed development. I also hope the council can at least discuss the merits of each of these changes and that this Application can be considered for approval rather than included in the moratorium. Thank you for your review and assistance in these matters. Sincerely; Daniel S. newer Architect Cc Metro Land Surveying and Engineering Tun Vander Griend Mark Noble 02/28/01 14:51 FAX 6127245510 AAG TIME sJ o .N3yV.Lv v amo;lvHs �Marax 30NvAQe Sus L p 6 � s ^. c d P LZ •W V lL / / r , �� y ,,,s s f 0 3 g / o Y Lz mom. � � � � � � � � / /f / � .moo � :0�`•� 8° ^^ 3 1T- ,Z T ,� � J�t7v8 X35 3Ni� ua3doad M Qom. v 31[,6CWN -JO a 9 02/28/01 14:51 FAX 6127245510 d9 O Ea Q s w � Ti w j I O U . m � t a 1 t • 1 F n Z iI IN I i �a i :S 6e j; a IL r t =L �S s ►g 8�< R�o O V D 298tt�t / iy/�(I gg � G� l a i s AAG 9 04 D • � +t ( SI � f �e a ! 1 J ti t- -1 , ' 1 1 1 l 1 1 D `S 1 Ol O 0 0 n< o� x 0 z 0 J 1 7 V 1 / / 42j ? ;/ o { 1 D / / a i LULLS " - 1 9.LE.6E.00N o NgIJ CCV ISC M31A!_ 1Sd3 ( I < dp i� t6 Mem T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director / ,r SUBJECT: Request of the Scott County Housing and Redevelopment Authority ) for Simultaneous Review of a Preliminary and Final Plat for Bluff Avenue Urban Village Development. 10 104 A N W02 • Is The City Administrator received the attached letter dated February 1, 2001 from Bill Jaffa, Executive Director of the HRA requesting that the Council concurrently review the preliminary and final plats for the above -named project. The project is a 4- building/9- unit townhouse project that would be owned and managed by the Thus, the plat would consist one lot and a large outlot consisting of flood plain area that would be preserved without development. Should the Council approve the request, that approval does not constitute a guarantee that the preliminary and final plat will be approved at the same time. AILTERNATIVES: 1. Approve the request for concurrent review, noting that such approval does not constitute a guarantee that the preliminary and final plat will be approved at the same tune. 2. Do not approve the request for concurrent review. Because the proposed plat is relatively simple in nature, staff recommends alternative number 1. ffe Offer a motion to approve the request for concurrent review of a preliminary and final plat for Bluff Avenue Urban Village. R. Michael Leek Community Development Director Fab—OS-01 10:40A Scott county H-R-A- 612 496 2852 , Deificaied to Housing CORM-iffed to Ovatin" WiLRam L j affa ExecutiN 11irectar February 1, ' 4 1 001 1. 129 S, Holmes Street Shakopee, MN 55379 Dear Mr. McNeill'. We would like to request that our preliminary plat and final plat for the Stuff Avenue Urban Village De\ proceed concurrently in the approval process. We wif f [ be submitting the application by February 8, 2001, to be considered at the March 8, 2001 Planning Commission meeting. I have attached the preliminary proposal which was recommended #`d1 by the City of Shakopee Economic Development AdvisM Committee at their December 12, 2000 meeting. if you have any questions, please contact me at (952) 402-9022. Thank yol Vuynard Harat5 Gist:rict I De.Ann Crwm Distritt 11 Nlsriorie frenderson, 6 staff €i Gene White, Disrrict IV jaraft S"nlafm, Diwkx V AP z Oppot-aiiry Actica EwploYer Phase I Application Livable r Demonstration Accr 1t Contact: R Michael Leek Community Development Director 129 South Holmes Street Shakopee, N1innesota, 55371 Phone (952) 445- 650 Fax (952) 445 -6718 The City of Shakopee, Minnesota is a historic city established in the 1850's and located on the southern banks of the Minnesota River. The city is easily recognized by its historic and healthy downtown district located on the intersection of STH 101/212 and C.R 69, as well as the surrounding higher - density, small lot residential development. With the opening of the new Bloomington Ferry Bridge and STH 169 in the Fall of 1996, Shakopee began to experience ever -more suburban-style development, with its attendant pressures for businesses to locate near STH 169. Because the Shakopee City Council is committed to maintaining the vitality and viability of its established urban core, it has taken numerous steps to insure the viability of the City's historic downtown. These steps have included the following; 1. River City Centre - The City entered a partnership to successfully redevelop two blocks of downtown into a mixed commercial/residential project that architecturally echoes the remaining historic buildings in the district. Completion of this project has spurred private investment in downtown, including the rehabilitation to historic appearance of the original "Rock Spring Cafe." 2. Vision Shakopee - The City helped or ganiz e and staff this "grassroots" effort to develop a vision for the firture of Downtown Shakopee. 3. Commercial and Residential Rehabilitation Programs - The City successfully obtained block grant funds to be used for rehabilitation of commercial and residential buildings in and near the downtown district. 4. Riverfront Planning - The City has spearheaded efforts to open up the riverfront within Shakopee by establishing Huber Park, working with Murphy's Landing (which is on City -owned land) to secure funds for the rehabilitation of the historic inn and possible river connection to the Eden Prairie trail system). 5, Mini-Bypass - In the mid- 1990's the City worked with Scott County and the Minnesota Department of Transportation to divert major highway traffic away from the main shopping street, thereby promoting pedestrian traffic in downtown. In 2000 the City made application for predevelopment funds to develop a master plan for the redevelopment of Downtown Shakopee, the City's riverfront and First Avenue Corridor. The proposed project that is the subject of this application would begin the implementation of this master plan. A copy of the Scott County HRA's original proposal is attached to the application. 1. Develop an additional, walkable urban village component of the Downtown, First Avenue, and Riverfront corridor. a. Implement additional trail and sidewalk connections to the Minnesota River regional trail, and Downtown area; NEXT STEPS: *Rezone the subject property to accommodate the proposed project *Develop specific architectural and site plans ..� .� Potential to Result in a Demonstration Model. The project area is already a `walkable" environment, and the project will enhance its character as a denser, mixed -use area accessible both by pedestrians and by transit. The project is consistent with long -range plans for the project. Replication: The joint effort that resulted in River City Centre is already being replicated by other communities (e.g. Savage) in their downtowns. The elements of the project will easily provide models for other communities in the Region that are dealing with riverfront and mixed use development/redevelopment issues. Partnerships, Community Participation As stated in the Concept portion of this proposal, the project area is already the site of numerous partnerships, including 11sionShakopeeI, River City Centre, the Mini- Bypass, and others. Significant features of the proposed project include; • Provision of affordable, mixed -use rental housing in the Downtown, First Avenue, and Riverfront area, • Implementation of trail linkages needed to connect Downtown Shakopee, Huber Park, Memorial Park, and Murphy's Landing to the rest of Shakopee, Scott County, and the Regional Trail system. • Provision of additional mixed use or higher density residential development (NOTE: a budget and t9mding request will still need to be developeg 01/31/2001 17; _0 61_1134676 A)IL -SON LE`YELOP -QE °v PAGE 05 Scott County Housing and Redevelopment Auth!2rily Affordable Hguging Income The urban village development will serve people in the following income limits. HOUSEHOLD SIZE INCOME 30% of area median Income INCOME 50% of area median Income INCOME 80% of area median income 1 Person " $ 13,800 $23 $ 35,150 2 Persons 15 26,300 40,150 3 Persons 17,750 29,550 45,200 4 Persons 19 32,850 50,200 5 Persons 21,300 35,500 54,200 6 Persons 22 38,100 58,250 7 Persons 24,4501 40,750 62,250 8 Persons 26,0001 43,350 66,250 _XF - ..,. COMMUNITY 0 — BR 1 —BR 2—BR 3 - BR 14—SR (Published FMR's) Belle Plaine $ 427 $ 549 $ 702 $ 960 $ 1,076 Elko /New Market Jordan New Prague Rural Township Areas Prior Lake 110% of FMR $ 469 $ 603 $ 772 $ 1,045 Sava a 110% of FMR $ 469 $ 603 $ 772 $ 1 045 S 1,183 Shako ee 1'10 °la of FMR $ 469 $ 603 $ 772 $ 1,045 $ 1,183 Zoning Boundary 0 Parcel Boundary CITY OF SHAKOPEE Memorandum Im Mayor and City Council Mark McNeill, City Administrator 15 S C 0 A, SUBJECT: Mark Noble, Planner I Set Public Hearing for Vacation of Easements within Valley Park 6th Addition MEETING DATE: March 6, 2001 INTRODUCTION American Color Graphics has submitted an application for vacation of easements within Lot 2, Block 1, Valley Park 6 Addition. The attached Resolution No. 5490 sets a public hearing date to consider the vacation of easements within Valley Park 6 Addition. DISCUSSION The city received a petition for the vacation of easements from American Color Graphics. The attached resolution sets a public hearing for April 3, 2001. 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. �CI l01AI WIY3U Offer Resolution No. 5490, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easements within Valley Park 6 Addition, and move its adoption. rk Noble Planner I g:\cc\2001\Cc03O6\vp6thvacation.doc RESOLUTION O 5490 A RESOLUTION SETTING THE PUBLIC HEARING DATE 1 Ii EASEMENTS VACATION OF 1 • ' ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that portions of easements within Valley Park 6 Addition, City of Shakopee, County of Scott, State of Minnesota, serves no 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 3rd day of April, 2001, at 7:00 P.M. or thereafter, on the matter of vacating portions of easements within Valley Park 6 ffi Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk -, Zoning Boundary Parcel Boundary ji LAND SURVEYORS, LTD. PETE PR ICE i 124 :• RIVA I - I , I N r �I�_ R P PurO Tro E er 0c. No. 2p Sq t 1 2 5 .00 '5 . 00 o N Ea 0inOge 6p�o S�e nt Uti /it Per PlOf � Scale in Feet 1 "= 50' 2p / I � L- / O U / 0) V Os 0 0 N / J / PROPOSED VACATION C� C� � J The West 125.00 feet of the East 185.00 feet of the North 20.00 feet of Lot 2, Block 1, VALLEY PARK SIXTH ADDITION, Scott County, Minnesota. Note: Two easements would be affected by the above description the drainage & utility easement per the plat and spur track easement per Doc. No. 20754 I hereby certify that this plan, report or specification was prepared by me or under my direct supervision and that 1 am a duly registered Land Surveyor under the laws of the State of Minnesota. As surveyed by us this 201"l` day of rEFZC% -)' ��F 20 01 Minnesota License No. 13595 I 5�, 61 � 7 UFSffMLX i Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM R. Michael Leek, Community Development Director SUBJEC Preliminary and Final Plat of SBENANDOAH APARTN=S IJ11DIDIN I I I 1 0 low Y; /1 M1 On January 2, 2001 the Council approved Heritage Development's request to have the preliminary and final plat reviewed concurrently by the City Council. This is essentially a re -plat of a project that previously received final plat approval. This is property that is zoned R-3, and staff does assume that Council's action on the item may be influenced by its discussion of a possible "R-3" moratorium Notice of the proposed final plat was provided to city departments, outside agencies, and the utilities were provided. The following comments were received; • The Lower Minnesota River Watershed District has suggested that final pond inlet and outlet details be approved before approval of the plat. (A copy of the letter is attached for the Council's information) To address the concern, staff has included a condition in the proposed resolution that would require such approval prior to recording of the final plat. • Shakopee Public Utilities has submitted comments indicating that the location of easements for water main needs to be revised. (A copy of the memo is attached for the Council's information) To address the concern, staff has included a condition in the proposed resolution that would require revision of the easements prior to recording of the final plat. • The signature block for the Planning Commission should be removed from the declarations page prior to recording the final plat. ALTERN ATIVES: 1. Approve Resolution No. 5482, approving the Preliminary and Final Plat of SHENANDOAH APARTATENTS, subject to conditions contained in the attached resolution. 2. Approve the final plat of SHENANDOAH APARTNffiNTS subject to the revised conditions. 3. Do not approve the Final Plat of SBENANDOAH APARTMENTS. 4. Table action on this item and request additional information from the applicant and/or staff. The Planning Commission reviewed the preliminary plat at its meeting of February 9, 2001. A copy of the report that went to the Planning Commission is attached for the Council's review. The Commission voted to recommend approval 6 -0 with the following additional conditions; • The park dedication language be corrected, • The site be seeded in the Spring, • 150 -foot setbacks are maintained from the property line on CSAH 16. The attached resolution includes the additional conditions. KNO 1 1 Offer Resolution No. 5482, a Resolution Approving the Preliminary and Final Plat of SHENANDOAH APARTMENTS subject to conditions, and move its approval. R. Michael Leek Community Development Director i:\ commdev\ cc\2001 \cc0306\ppfpshenapts.doc 1 1 1 1 1 l 1 A S 0 1 C 1' Il` 1 WW41 1 CI 1 I 1 1 1 .1 1 1 p '' • 1 DWO WHEREAS, Heritage Development of Minnesota, LLC is the applicant and owners of said property. AS, the property upon which the request is being made is legally described as follows: Lots 1 thru 7, inclusive, Block 1, Lots 1 thru S, inclusive, Block 2, Lots 1 thru 10, inclusive, Block 3, and Outlot A all of SHENANDOAHAPARTMENTS, Scott County, Minnesota. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended approval of the preliminary plat on February 8, 2001; and WHEREAS, the City Council of the City of Shakopee did review the Final Plat of SHENANDOAH APARTMENTS on March 6,2001; and WHEREAS, the final plat of SHENANDOAH APARTMENTS is consistent with the preliminary plat of SHENANDOAH APARTMENTS. the Final Plat: A. The final pond inlet and outlet details be reviewed by the Lower Mmnesota River Watershed District, and reviewed and approved by the City Engineer, B. The final plat drawing be revised to show the correct waterman easements, C. The signature block for the Planning Commission be removed from the declarations page; D. The plat shall be revised so that the cul -de -sac right -of -way at the western edge of the plat includes the small triangular parcel located northwest of the cul -de -sac. E. Ten (10) foot drainage and utility easements shall be dedicated along the perimeter of all property lines. F. Approval of title by the City Attorney. G. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. Park Dedication fees shall apply to this plat in the amount of $1,500.00 per lot, and shall be paid at the time of recording of the final plat, unless deferred. In the event that they are deferred to time of building permit, park dedication fees due shall be as contained in the most recent, approved City fee schedule. 7. The City shall require a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to insure completion of the landscaping. 8. A cash deposit shall be required for the future easterly construction of Jeffery Allen Drive. The amount of this cash deposit shall be equal to the estimated cost to complete the extension of this roadway that would be within the SBENANDOAH APARTMENTS plat. B. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. These drawings shall include a 9 -ton design for Alysheba Road south of Jeffery Allen Drive, and Jeffery Allen Drive west of Alysheba Road. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. C. The final storm sewer plan must be reviewed and approved by the Scott County Highway Department. 2. Approve Resolution No. 5482 approving the preliminary and final plat of SBENANDOAH APARTMENTS subject to revised conditions. 3. Do not approve the preliminary and final plats of SBENANDOAH APARTMENTS. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. Offer a motion approving Resolution No. 5482 approving the preliminary and final plat of SHENANDOAH APARTMENTS subject to conditions. R. Michael Leek Community Development Director i:\commdev\cc\2001\0306\ppfpshenapts.doc BE rr FURTTIER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2001. Mayor of the City of Shakopee ATTEST: A" ,� LOWER MINN ESOTA RIVE WATERSHED DISTRICT Scott County Government Center 200 4'"Avenue West Shakopee, MN 55379 Tel: (952) 496 -8842, Fax: (952) 496 -8844 February 20, 2001 R. Michael Leek q 1 � t F� r._�i i Terry L. Schwalbe, President Office: (612) 404 -5312, Fax: (612) 404 -5318 Wallace E. Neal, Vice President Office: (952) 884 -1632, Fax: (952) 884 -7726 Glenda Spiotta, Secretary Office: (952) 471 -0590, ext. 285, Fax: (952) 471 -0682 Edward A. Schlampp, Treasurer Office: (612) 9204398, Fax: (612) 920 -0086 Ron Kraemer, Asst. Treasurer Cell: (651) 335 -8305, Fax: (952) 894 -3235 Kevin D. Bigalke, Administrator Office: (952) 496 -8842, Fax: (952) 496 -8844 Community Development Director 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Leek: Thank you for giving the Lower Minnesota River Watershed District ( LMRWD) an opportunity to review the Final Plat for the Shenandoah Apartments project. As you may recall, we submitted comments on January 3, 2001 on the preliminary plat for this project. To reiterate our comments from the January 3, 2001 letter, the LMRWD is pleased to see that the project is incorporating two storm water ponds on site. We are also pleased to see the rock construction entrance. Also in our January 3, 2001 letter we stated that detailed plans for the pond inlets and outlets were not included in the overall project plans. The final plat plans that we received still did not include the detail pond inlet and outlet designs. We feel that these details should be submitted to the City of Shakopee before approval of this project. The LMRWD would also recommend including skimmers on the pond outlets to restrict floatables from entering the City storm sewer system. On behalf of the Managers of the Lower Minnesota River Watershed District, I would like to thank you for giving the LMRWD an opportunity to review this project. We look forward to working with you on future projects. Very Truly Yours, • / w". Kevin D. Bigalke District Administrator ' . -- rsaull"No 1 i ' •, 1 TO: Shakopee Community Development Department FRONE Joseph D. Adams, Planning and Engineering Manager SUBJECT: STAFF REVIEW RECORD COMMENTS for. Final Plat of Shenandoah Apartments CASE • 01030 Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspection costs, pawing the Trunk Water Charge, and paying the Water Connection Charge. Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions. These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees. Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. 0 SHAKOPEE PUBLIC LTTILrrIES MMMORANDUM 0 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Revised Preliminary Plat of Shenandoah Apartments MEETING DATE: February 8, 2001 Introduction: Received December 13, 2000 At its January 4, 2001 meeting the Commission tabled this matter to have the developer submit a revised site plan and section drawings showing the relationship between the proposed structures and the proposed berming and plantings. Copies of these are attached for the Commission's consideration. In short, the profiles submitted that the top of berm would be generally 4 — 5.5 feet above the first floor elevation of the proposed community center and apartment buildings. The applicant proposes 299 units of landscaping, 221 (about 74 %) of which are either deciduous or coniferous trees. The major grouping of these units is along CSAH 16. About 294 units appear to be required under the City's landscaping requirements. A copy of the January 4` report is attached for the Commission's information. Alternatives: 1. Recommend to the City Council approval of the preliminary plat of SHENANDOAH APARTMENTS subject to the following proposed conditions; I. Prior to review of the preliminary and final plat by the City Council, the following actions shall be taken: A. Pond water elevations shall be adjusted back to those found in the original submittal for the previous plat of Shenandoah Apartments. H. The following procedural actions must be completed prior to the recording of the Final Plat: A. The plat shall be revised so that the cul -de -sac right -of -way at the western edge of the plat includes the small triangular parcel located northwest of the cul -de -sac. B. Ten (10) foot drainage and utility easements shall be dedicated along the perimeter of all property lines. C. Approval of title by the City Attorney. D. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. Park Dedication fees shall apply to this plat in the amount of $1,250.00 per lot, and shall be paid at the time of recording of the final plat. 7. The City shall require a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to insure completion of the landscaping. 8. A cash deposit shall be required for the future easterly construction of Jeffery Allen Drive. The amount of this cash deposit shall be equal to the estimated cost to complete the extension of this roadway that would be within the Shenandoah Apartments plat. E. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. These drawings shall include a 9 -ton design for Alysheba Road south of Jeffery Allen Drive, and Jeffery Allen Drive west of Alysheba Road. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. F. The final storm sewer plan must be reviewed and approved by the Scott County Highway Department_ Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection, access, and addressing will be reviewed for code compliance at the time of building permit application(s). B. No berming, ponding, signage, or landscaping shall be located in the Scott County right -of -way. C. Any work within the Scott County right -of -way will require a utility permit from the County_ D. The property owner and his /her heirs or assigns shall be responsible for the ongoing maintenance of driveways, parking lot areas, landscaped areas, and structures contained within the plat. 2. Recommend to the City Council approval of the preliminary plat of SHENANDOAH APARTMENTS subject to revised conditions. 3. Recommend denial of the proposed preliminary plat of SHENANDOAH APARTMENTS. 4. Continue the public hearing. 5. Close the public hearing, but table a decision in order to allow time for the applicant and/or staff to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, approval with conditions as presented. Action Requested: Offer a motion to recommend approval of the preliminary plat of SHENANDOAH APARTMENTS subject to the conditions outlined in Alternative No. 1. R Michael Leek Community Development Director iAconundev \bona- pc\200IT \ppshenandoah.doc i y ,.i ".. 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R =330.0 0 / ` >a; �' \° �'` w ` =�♦ L i - - - - -J j Y °(r'/ g/ 3 CO \ t \ O / / , � + +� _ _ yG' �♦�? s;\ r7 � / o / i I � i / /� / Q /emu — — — — — . / / -- - - - - -I / ,�', I .:: $�..,, /1•� /I 1 141 '' \ \ \ \ 1 � 1 m I rn x� m _n o N z � z 1 1 ! / 2 m N 0 IV CO m m —i S00 Z nTyD0 Nz�2770 KZ n c> mma xN �vin_z zZ �N�Zr�+, m ° - = / / l Po I0 � -'- C\ z^; A T' O rZm2 > O C: N V vrmi; tn0 A2 ~ OA 0Nmo C 0 f O�zz— n gO ° oo A -Z i Onz = N , •I m - 2 O ' m0 z n�OZF D, min zv q y iiv y o `^Z -' I • � N n !n 836.37 o y �7 1 —' - -- - -' - -'— 1048.99, —' - -' - -'— E. line of the EI /2 of the NWI /4 of Sec. 8, Twp. 115. Rnq. 22 I I U, to v 3 1 ---'DRAINAGE AND -.,_'_ u. UTILITY EASEMENT ' 238.01 " AIN w �I o � 25 - -��„__� - 4_5000_ / / l Po I0 � -'- / i,d,ni jI0 s00'o 25"E N 1 \ / fir' — — — — — — — — — — — — — - 1 i 40 I 1 I II iiv �1w I � _�, I • � N I I 1N I lkvj I I , 1 Soot Y45'E � I ---'DRAINAGE AND -.,_'_ u. UTILITY EASEMENT ' 238.01 " AIN w �I o � - -��„__� - 4_5000_ / / l Po I0 � -'- / i,d,ni jI0 s00'o 25"E 1 \ / fir' — — — — — — — — — — — — — - 1 i I 30 30 W d 0 0 Co no 3 ______ C A A" N A Z Z A A ~ N A m m ny r Ar Z m m Na m m D ri A - -0 .• A A r m?p m Z K !�"t o m'n Z oZ K oZ A O OZ K °r NN OE N ED.. V N Cy / V O P n n — _ _ — — -- z z / DE z A A / s � - - t 3� ?o xmS_No Q n 2�,F �n °_ �ogxs 2 o 3� ° om�u'g taN tl.o °p_� ° n Wa « s_3gt t� �Szv -tl mno 'tea m:, _ n 4go 3 ° mot Po So i� / / / / ED co 00o c \ y `li • A �• D D D D A 2 �m \ I c tt Do a0 ED T DJA OA N, V / � / one of I N00 °01'38"E 554.64 DELLAS 1ST ADDITION (558.80 DEED - / N \ N / \ o �d \ \♦ / / i# � S / \ `- \ E \\ \W \ ai A I m n /c^ ro X r N i7 — � 10 / / •J 4 r N, / N tiG � •_ ` C� N � r \Y1' \\\B > T / hy� :Iq/ m/ \ \ ro �l \ \ /M / / \ r W / \ \ D \ \ C7 z \P \ / \ \ \ \ \ \ / N, _ - - - - - - - - - - - - S00'03'26 "W 923.78 MEAS. (922.72 DEED) L u N / R I I I I I I I � A Ao o� L� °s �x V Ns otiy °� I a� A� I � 81 I ao 8 o 0 D 2 :S7 > ?z e� 6,' A �q d• ��a/S 25 �O:J7- RLAAL L 1 21.76 /94�tigy �� �Y� 4ja4 QJ=T`,a• X / Ie vo I `f =A 1 o n I g� xm I I % r5 I o I i I 2 I � \ I \ I \ I L� I I I / co c W C A p�\ I� \ I� co I� IW I Ib I� I I b — . 7 - 1 v A� I II I lu r N o I I Jo.00 SOOb3'26 7068.99 (MEAS.) 1048.33 (DEED) 1048.99' —. - -.— P � A � RR I � a b Ao _x o� n Z� o a co m U W y N J ti t I1 1 m l iK t I I la Iw I I I I LL Il I Vic; I I � I Im Im I I I 1 V 1 I I IN L (j I I I I Ln D A a j 0 CU 2 I I I 1 , I hrn Ie ._.L -L n s I- /x 1 20 v I LZf P I I w I >o � SETBA LINE Jp.00 S00 °03'26 "W 2d8.01 i G 8 ^ C b 0 S'w61Ry ST. l J Z � � � a D PD ; o '- f' 1� I L - i jv C S+ l po v� zA 0 �A Om rRo O( a S v DATE REVISIONS BY _ �=o RER IN AN Y IAI T ALAN. SPE- TEATIDN. S H E N A N D O A H APARTMENTS f'1 DATE OR REPORT VAS PRERARED BY ME OR UNDER MY DIPEET .. R RES TU A ENGINEER I AN A OOEY REEIS THE - II /) /00 ES DE MD ENGINEER UNDER THE L- TMC -- SCALC STATC OR MIMESOTA. AS SHpVN DATE RE NO. A PLAT PROJECT 103 -062 E'M j.AND INO & ENGII�ING _ ENECKEn •I 412 County Road D. Little Canada, MN 55117 APPROVED CITY OF SHAKOPEE, MINNESOTA Telephone: (651) 766 -0112 FAX: (651) 766 -0612 I RECORD DRAWING a0 ED T DJA OA N, V / � / one of I N00 °01'38"E 554.64 DELLAS 1ST ADDITION (558.80 DEED - / N \ N / \ o �d \ \♦ / / i# � S / \ `- \ E \\ \W \ ai A I m n /c^ ro X r N i7 — � 10 / / •J 4 r N, / N tiG � •_ ` C� N � r \Y1' \\\B > T / hy� :Iq/ m/ \ \ ro �l \ \ /M / / \ r W / \ \ D \ \ C7 z \P \ / \ \ \ \ \ \ / N, _ - - - - - - - - - - - - S00'03'26 "W 923.78 MEAS. (922.72 DEED) L u N / R I I I I I I I � A Ao o� L� °s �x V Ns otiy °� I a� A� I � 81 I ao 8 o 0 D 2 :S7 > ?z e� 6,' A �q d• ��a/S 25 �O:J7- RLAAL L 1 21.76 /94�tigy �� �Y� 4ja4 QJ=T`,a• X / Ie vo I `f =A 1 o n I g� xm I I % r5 I o I i I 2 I � \ I \ I \ I L� I I I / co c W C A p�\ I� \ I� co I� IW I Ib I� I I b — . 7 - 1 v A� I II I lu r N o I I Jo.00 SOOb3'26 7068.99 (MEAS.) 1048.33 (DEED) 1048.99' —. - -.— P � A � RR I � a b Ao _x o� n Z� o a co m U W y N J ti t I1 1 m l iK t I I la Iw I I I I LL Il I Vic; I I � I Im Im I I I 1 V 1 I I IN L (j I I I I Ln D A a j 0 CU 2 I I I 1 , I hrn Ie ._.L -L n s I- /x 1 20 v I LZf P I I w I >o � SETBA LINE Jp.00 S00 °03'26 "W 2d8.01 i G 8 ^ C b 0 S'w61Ry ST. l J Z � � � a D PD ; o '- f' 1� I L - i jv C S+ l po v� zA 0 �A Om rRo O( a S v DATE REVISIONS BY _ �=o RER IN AN Y IAI T ALAN. SPE- TEATIDN. S H E N A N D O A H APARTMENTS f'1 DATE OR REPORT VAS PRERARED BY ME OR UNDER MY DIPEET .. R RES TU A ENGINEER I AN A OOEY REEIS THE - II /) /00 ES DE MD ENGINEER UNDER THE L- TMC -- SCALC STATC OR MIMESOTA. AS SHpVN DATE RE NO. A PLAT PROJECT 103 -062 E'M j.AND INO & ENGII�ING _ ENECKEn •I 412 County Road D. Little Canada, MN 55117 APPROVED CITY OF SHAKOPEE, MINNESOTA Telephone: (651) 766 -0112 FAX: (651) 766 -0612 I RECORD DRAWING v I LZf P I I w I >o � SETBA LINE Jp.00 S00 °03'26 "W 2d8.01 i G 8 ^ C b 0 S'w61Ry ST. l J Z � � � a D PD ; o '- f' 1� I L - i jv C S+ l po v� zA 0 �A Om rRo O( a S v DATE REVISIONS BY _ �=o RER IN AN Y IAI T ALAN. SPE- TEATIDN. S H E N A N D O A H APARTMENTS f'1 DATE OR REPORT VAS PRERARED BY ME OR UNDER MY DIPEET .. R RES TU A ENGINEER I AN A OOEY REEIS THE - II /) /00 ES DE MD ENGINEER UNDER THE L- TMC -- SCALC STATC OR MIMESOTA. AS SHpVN DATE RE NO. A PLAT PROJECT 103 -062 E'M j.AND INO & ENGII�ING _ ENECKEn •I 412 County Road D. 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CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Final Plat of Valley Park 14 Addition MEETING DATE: March 6, 2001 Site Information Applicant: Tom.Noble Location: South of 12 Avenue E., east of Valley Park Drive Zoning: Business Park (BP) Zone Adjacent Zoning: North: Heavy Industry (I -2) Zone South: Hwy. 169 East: Heavy Industry (I -2) Zone West: Business Park (BP) Zone 1995 Comp. Plan: Business Park Area: 14.9 Acres MUSA: The site is within the MUSA boundary. INTRODUCTION Thomas E. Noble, West Real Estate and Management, Inc., is requesting Final Plat approval of Valley Park Fourteenth Addition. The property is located south of 12 Avenue E. and east of Valley Park Drive (Exhibit A). The plat will create two lots: one 9.3 acres and the second 5.6 acres. CONSIDERATIONS This property has been previously granted Preliminary and Final Plat approval from the Planning Commission and City Council. This property was initially platted as Lot 1, Block 13, Valley Park Thirteenth Addition. Subsequently, a minor subdivision was approved which split this lot into two parcels. This plat is being proposed at the request of the Scott County Registrar of Titles in an attempt to shorten or simplify the proposed property legal description. There will not be a collection of park dedication fees for this plat because industrial property 5 acres or larger is exempt from the fee requirements. Any future lot splits that create lots smaller than 5 acres will be subject to park dedication fees. City Engineering has recommended approval of this plat, subject to the condition that storm water trunk charges shall be paid prior to issuing building permits. The Fire Inspector has stated that if approved, addresses will be assigned at the time of issuance of building permit. 1. Approve the Final Plat of Valley Park 14 Addition, subject to conditions as provided. 2. Approve the Final Plat of Valley Park 14 Addition with revised conditions. 3. Do not approve the Final Plat of Valley Park 14 Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff recommends Alternative No. 1, approving the Final Plat of Valley Park 14 Addition, subject to conditions. ACTION REQUESTED Offer Resolution No. 5491, a Resolution approving the Final Plat of Valley Park 14 Addition with conditions. Nark Noble Planner I g:\cc\2001\Cc0306\FPNob1e.doc 2 RESOLUTION NO. 5491 FINAL PLAT OF 11 1 WHEREAS, Thomas E. Noble, West Real Estate and Management, Inc., is the applicant and owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Parcel B: That part of Lot 1, Block 3, Valley Park Thirteenth Addition, Scott County, Minnesota lying westerly of the following described line A and easterly of the following described line B: Line A: Commencing at the southwest corner of Lot 1, Block 3, Valley Park Thirteenth Addition, Scott County, Minnesota; thence North 89 degrees 16 minutes 17 seconds East an assumed bearing along the southerly line of said Lot 1, a distance of 398.90 feet; thence North 89 degrees 22 minutes 52 seconds East, along the southerly line of said Lot 1, a distance of 1296.86 feet to the point of beginning of the line to be described; thence North 00 degrees 37 minutes 40 seconds West a distance of 486.04 feet, more or less, to the north line of said Lot 1; and said line there terminating. Line B: Commencing at the southwest corner of Lot 1, Block 3, Valley Park Thirteenth Addition, Scott County, Minnesota; thence North 89 degrees 16 minutes 17 seconds East an assumed bearing along the southerly line of said Lot 1, a distance of 346.76 feet to the point of beginning of the line to be described; thence North 00 degrees 43 minutes 43 seconds West, a distance of 394.86 feet, more or less to the north line of said Lot 1 and said line there terminating. WHEREAS, Valley Park 14 Addition was reviewed and approved by the City Council subject to conditions; and WHEREAS, all notices of the public hearing for the Final Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Valley Park 14 Addition is hereby approved subject to compliance with the conditions set forth below: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Storm water trunk charges shall be paid prior to issuing building permits. 2. If subject property is further plated in the future, drainage and utility easements shall be dedicated to the City along all lot lines, and as required by City Code, prior to the issuance of building permits. 3. Park dedication fees are not applicable for this final plat. Park dedication fees shall apply to any future lot splits of less than 5 acres in size. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 9 2001. Mayor of the City of Shakopee I_ri l City Clerk 11 I Fin P l a t ' West Business Center - Parce Bounda N p W E SHAKOPEE CAMMUNnYPRMENCEIW ,�' i W o CO Z ;# 05 ul z V5 < CL z o 0 � ZO Z E :UZI 0 5F m =1 < I °0. ZO 0 < EE --I < ZO - IS o �2 :FWE — Z M > . M- 0 < �- >- Mn w< F uj �t M M.,Z- Q ui Z< z �OOF Z, D T.I , Z - L w 0 wo V) ox �2 E Lu -d- a o z : Z , oz Fo LLJ z m rEr 2 Z�-- 0 C', 0, WJ '0 Ui W< 0 0> m G M.017,L2 t'O'92t' 0 — — — — — J- - — — — 19 OE 0 0 .5 a ol Idw I 7E E k 0 1 m u07 v > LO 0 1 C\2 �b (N 71 - C4 C\l 11 0 0) z 0 co O E - o - L 0- Q 0 . Z I 1 oc n 3.0*.LEoOOS cn C z 1 5 I F 0 L a L D L6*99t < E 0 E I = < 0 O K �m 0 w 0 co 00 K ;E z z - = Y m m = 04 0 0 0 0 0 U 0 L) 0 0 1; . 0 g u 4 U 'a r,-1 k 0 OD z ri- Ld N co zi N I F F E Z c Zl 6 = � = m it O E —0 Alft o 0 > OR 5 1 Sig m3 v J2 z B K 0 E 0 0 10 IS 0 C( m 7R 0 0- 04 .6 �' 4 z Z 5 NE 0) 0 0 0% os: - 0 0 0 Z, z M�2t,2t.00N S. 0) 00 of, E 0 m 2 0 !d E CD �-n z;z Lj M 0 yy Z W O En Z co < V) L ZO �vo ul Iz to E 16 0 c c on .2 = pm 0 C> to O)o 0 00 t OD n 0) 0 WL) w V) Lj - 5 CD, SO ujzm 2 c 06 W W 0 . s 0 �aJV 0 09 E A? I f E > 7 == E 8 S E 6 a E a C O «« 2 . JR 3: g cu g-2 LLJ c E 1:2 - 2 2 , Z. ui z m m O m c b m O m a m m O L, 0 U C.) — Cf) = m - Z W 3r 4 =. ; * U') 20 E / Ld 0 E E M Z - u j z CE 0= W .-a 6.2 z ca 0 0. E .2 9 4 . 0 UA M d 0 E-'O 0 20 LIS CS z E75 o E'S = — -81, z 0 Z .0 HN 0 C z M z U, ti CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Final Plat of Pheasant Run 7 Addition MEETING DATE: March 6, 2001 Introduction: Pheasant Run of Shakopee, L.L.C. has made application for final plat approval of Pheasant Run 7th Addition. The preliminary plat was reviewed by the Planning Commission at its meeting of August 17, 2000, and approved by the City Council on September 5, 2000. Considerations: The final plat is generally consistent with the approved preliminary plat. The Police and Fire Departments have asked that Teal Street in this plat be renamed. Their concern is that the break in Teal Street will make it confusing on public safety calls. A condition regarding this has been included in the draft resolution of approval as well. If the Council does not wish the street be renamed, it should remove the item from consent and provide staff with such direction. Alternatives: 1. Approve the attached resolution approving the final plat subject to the proposed conditions. 2. Approve the resolution approving the final plat subject to revised conditions. 3. Do not approve the proposed final plat of Pheasant Run 7 Addition. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. Action Requested: Offer the attached resolution approving the final plat of Pheasant Run 7 Addition subject to the conditions as presented. M k Noble Planner I G:\CC\2001\Cc03O6\fppheasant7th.doc am RESOLUTION OF rl OF •PEE, MINNESOTA APPROVING 1 FINAL •', OF EASANT RUN 7 TH ADDITION WHEREAS, Pheasant Run of Shakopee, L.L.C., applicant and property owners have made application for final plat approval of Pheasant Run 7th Addition; and WHEREAS, the subject property is legally described as follows: All of Outlot B, Pheasant Run Sixth Addition, Scott County, Minnesota. WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on August 17, 2000; and WHEREAS, all required public notices regarding the public hearing were posted and sent; "I WHEREAS, the Shakopee Planning Commission has recommended approval subject to the conditions listed below; and WHEREAS, the City Council reviewed the final plat request at its meeting of March 6, 2001. • THEREFORE, • , BY THE CITY COUNCIL OF y CITY OF • • MINNESOTA, a That the final plat of PHEASANT RUN 7TH ADDITION is approved subject to the following conditions; I. The following procedural actions must be completed prior to the recording of the Final Plat: A. Teal Street shall be renamed. B. Approval of title by the City Attorney. C. Execution of a Developers Agreement which shall include provisions for security for the future improvements to Valley View Road, the public improvements within the final plat, as well as payment of engineering review fees, trunk storm water charges, trunk sanitary sewer charges, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code, the policies of the Shakopee Public Utilities Commission (SPUC), and shall be approved by the Shakopee Fire Inspector. 6. Park Dedication fees shall not apply to this plat, as dedication is being met with dedication of 6 acres for a planned community park. D. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. II. Following approval and recording of the final plat, the following conditions shall apply: A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. The developer will provide temporary street signs as approved by the Building Official and Fire Inspector. THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of PHEASANT RUN 7TH ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of . 2001. Mayor of the City of Shakopee ATTEST: • • Zoning Bound Parcel Bounda SHAKOPEE CON2&-TNrrY FME SNCE MU 7 � m D Z z o m O N m C N n z m 2 n = m m Z < A N Z N n o m z 0 s o p =O f Z AZnS f � maw - \ Ji I 'C L J N�� so acn l 4�av C'� \ \ ��J o c�+N Z $ / \/ \ M 1 e° a5 D / \ \ - ri J- \ 7 -1 r / \ 60 > O J 7 r Z p � O 0 YY 66 W1 \ 1� SOUTH QUARTER CORNER SECTION 17. T. 115. R. 22. - --- --- (SCOTT COUNTY MONUMENT) I I (;) ( I I `,. z \ 7 "' :rt I I I oI I I rl' I a 2 c 60 I I 60 I O I co C_ c rrnl --r Ln I m Iw J� ( 6o r-- --I - -- 1 60 110 om I \ N89 °56'12 E_� / \� ,I > 0) L - / Vi / I ' W z / I � 1/ ' 1 WO / CJ �l ? \� W C <' L J c 0 J - 1 o e o � 1 0 � I � O F it D 00 N II vE CF) \ � O Iq \ .P Co 0 o t \ (D U; j CD N Jtn . rjJ 10 "W W \ O C r O 1 m I / I I I N TS CY1 PD to cn z 0 0 I I I �e I m 1 ' 1 m v1 L - 0 --- Iv vJ C — �9� — �- V I L_ Y Y ' LZ OF SEC TON 17. T. 22. — Ii 1= • �1 ^1 �>> I J. �1 I j j� J 1 60 I so o \ \\ �� m \ \\ C? I I n n I I m C m D D S m m p ZmZ m mra�Ao J \ I I t o� ° °m0 o; J \ \ I to N m C C, D> O, < <\ \ \ I I I I 0 a: 0 °Qm f f, a p Z� Z Z. y- 2 N O J 7 r Z p � O 0 YY 66 W1 \ 1� SOUTH QUARTER CORNER SECTION 17. T. 115. R. 22. - --- --- (SCOTT COUNTY MONUMENT) I I (;) ( I I `,. z \ 7 "' :rt I I I oI I I rl' I a 2 c 60 I I 60 I O I co C_ c rrnl --r Ln I m Iw J� ( 6o r-- --I - -- 1 60 110 om I \ N89 °56'12 E_� / \� ,I > 0) L - / Vi / I ' W z / I � 1/ ' 1 WO / CJ �l ? \� W C <' L J c 0 J - 1 o e o � 1 0 � I � O F it D 00 N II vE CF) \ � O Iq \ .P Co 0 o t \ (D U; j CD N Jtn . rjJ 10 "W W \ O C r O 1 m I / I I I N TS CY1 PD to cn z 0 0 I I I �e I m 1 ' 1 m v1 L - 0 --- Iv vJ C — �9� — �- V I L_ Y Y ' LZ OF SEC TON 17. T. 22. — Ii 1= • O C r O 1 m I / I I I N TS CY1 PD to cn z 0 0 I I I �e I m 1 ' 1 m v1 L - 0 --- Iv vJ C — �9� — �- V I L_ Y Y ' LZ OF SEC TON 17. T. 22. — Ii 1= • 1 1' s i T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Dublin Square 2nd Addition MEETING DATE: March 6, 2001 On or about March 16, 1999 the City Council approved the preliminary plat of Dublin Square, and later in 1999 was granted approval ofthe final plat ofDublin Square I" Addition Dublin Square L.L.C. is now requesting final plat approval of Dublin Square 2nd Addition. The proposed final plat proposes the dedication of a part of Dublin Lane, and the creation of l l lots and 2 outlots. The proposed final plat is consistent with the approved preliminary plat. 1 11 1 Notice of the proposed final plat was provided to city departments, outside agencies, and the utilities were provided. The only comments received were from the Assistant City Engineer, who has provided specific comments and recommended conditions. These conditions are incorporated in the draft conditions of final plat approval. 1 1 I 1• 1 Staff recommends alternative number 1, approval of Resolution No. 5493 with conditions as presented. Action Requested: Offer Resolution No. 5493, a Resolution Approving the Final Plat of Dublin Square 2nd Addition subject to conditions, and move its approval. R. Michael Leek Community Development Director i:\commdev\cc\2001\cc03O6\fpdubsq2.doc ■ 1 R 1 1 I 1 V- t'l i �11 'I I I I I 1 1 i ■ 1 WHEREAS, the property upon which the request is being made is legally described as follows: Outlots A, B, and C, Dublin Square 1S Addition, Scott County, Minnesota 11 the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and standard specifications of the City of Shakopee. 5. Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. 6. The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. C. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. D. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities Manager. E. A Common Interest Community (CIC) plat or amendment shall be filed for this project. F. The developer shall install a trail or sidewalk per City Stafrs discretion and approval along one side of Dublin Lane. G. All necessary easements, including drainage and utility easements, trail easement, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. H. The City shall require the submission of a landscaping bond at the time of building permit issuance in an amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. The following conditions shall apply after the filing/recording of the Final Plat: A. Park dedication fees are due at $1,500 /unit, and may be deferred until issuance of building permits. If deferred, fees will be adjusted to reflect the current City's adopted Fee Schedule at time of building permit application. B. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. C. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. D. A minimum front yard setback of twenty (20) feet shall be allowed for lots which in the preliminary plat had a front yard setback of twenty -two (22) feet. All other lots shall have a front yard setback in excess of twenty (20) feet. The following conditions shall apply after recording of the plat; A. If sound levels exceed 70dB, the developer shall mitigate said noises and provide buffering to the development. E rr FURTTIER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of ;' 2001. Mayor of the City of Shakopee <«�| A n > §(� lz jig 1! \ § , m k � � @�\ P 2 2 2 1 \ R / ! $® ! ) \ §� @ n }§ $ 1 ® . = §\}k§k % i``= 2n � }�\ } / \} 2 \ \ j q 2 « §§ \ q 2 § (§( ® /0) « gaff \ � \ 27)2 \ � § S \ \ m m E R �K� �( � \ � � �� \(((\ / \ 5 ) <«�| A n > §(� lz jig 1! \ § , m k � � @�\ P 2 s 111 2 2 1 \ R / ! $® ! ) \ §� @ n }§ $ 1 ® . § , 2 \ \ j q 2 « §§ | k § § L4 & 22 gaff \ � \ � § #•/(% �( � § �� \(((\ / \ 5 ) ) \§) §k§§ � k \ \ 2 § §« !•! .|/ q22 anQ .a � s 111 / \}{ %m2® §} 0 ) \ l \0§ § . M \ Awl � ! � p• �| 11 § ®� © z ■ § 1- \ s 26 5 3 2 ■ §■ 3 » ■° m«■ z§ u E u< P a2 / m m o E — ® �2 ©�u m -i uj » 22 U ■ �L ° m V) ( ° ■ 2 o 0 z « P z « J i z J© k 0 <§ §of ■ z i �.3 ■ i e ■ / k§\ \\2/ ■ «_« Cl m CC ■ z z «■ 2 z 2 ■ z_ o z « < e E o E� $ 20 m§22 A ■ « ■ ■ ■ ■ z ■ e o to « _ \ z 3 z u o / k§ t(A 2 2 g 2 § _ik §j 0000 co wkj' % abE. \E$§ r ■ 19 f ■ 1% CO e $ To: Honorable Mayor, City Council, & Staff From: Andrea Moffatt WSB & Associates Date: February 28, 2001 Re. Heritage Square Residential Development Environmental Assessment Worksheet (EA 99 City of Shakopee WSB Project No. 1281 -03 The public comment period for the Heritage Square Environmental Assessment Worksheet (EAW) ended February 21, 2001. Comments were received from the Minnesota Pollution Control Agency (MPCA), Scott County Transportation Department, Scott County Community Development, the Lower Minnesota River Watershed District, and the Department of Natural Resources. Comments from MnDOT were received after the comment period ended. Attached, please find the Findings of Fact and a draft memo that responds to the comments received from the EAW Public Comment Process. Based on the EAW, the Findings of Fact, and the comments that were received, we do not believe that an Environmental Impact Statement (EIS) is needed for the project. If you have any questions, please feel free to contact me at (763)287 -7196. c:\.,inaows\TEMT\ozzso nHMcc.aoc Memorandum To: Erick r; • r '► ► Contro i ► Sorenson, ► ► unty Transportation Michael ► ►► i Scott County ► Development Thomas Balcom, Department ofNatural Resources Sh aron Anderson // From: Michael Leek, City of Shakopee Andrea Moffatt, WSB & Associates ) -► ''Ado Heritage Square Residential Development Environmental Assessment ►' ► ► City o Shakopee WSB P 1281-0 The residential development is to be located on a 66 -acre site in Shakopee. No Indirect source Permit (ISP) is required for the project since the number of proposed parking spaces does not exceed the parking space threshold requirement needed for an ISP. Additionally, developments consisting mainly of single family residential homes and multi - family townhomes are not considered an "indirect source" under the state ISP rules. No retail space is planned for the development. Based on the estimated average daily traffic generated by the proposed development, it is anticipated that traffic impacts resulting from the project are expected to be minimal. Therefore, no significant carbon monoxide related air quality impacts are expected as a result of the project related increase in vehicle traffic. Response: No response is necessary. Comment: As noted in the EAW, the project will need a National Pollution Discharge Elimination System General Permit for Construction and a Sewer Extension Permit, both from the WCA. Your contact for the General Stormwater Permit is Larry Zdon at (65 1) 297 -8219. Your contact for the Sewer Extension Permit is Don Perwien at (651) 296 -7762. C: \windows \TEMP \022201CRmemo.doe Response: These will be obtained by the developer. Comment: In addition to the U. S. Army Corps of Engineers Clean Water Act Section 404 Permit, the project will require a Clean Water Act Section 401 Water Quality Certification. This certification is provided by the MPCA. Your contact is Mr. Larry Zdon at (651) 297- 8219. Response: There are no wetlands and thus no wetland impacts within the site. Therefore, neither the US Corps of Engineers Section 404 permit nor a Section 401 permit from the MPCA is required. Comment: Disclaimer: This comment letter addresses on the NIPCXs position on whether an EIS should be prepared on the project. It does not constitute approval by the NIPCA of any or all elements of the project for the purpose of pending permit action by the MPCA. We have attempted to identify and consult with interested program staff and attempted to identify the MPCA permits that may be required. However, additional comments or requests for information may be required in the future to address specific issues related to the development of the MPCA permit(s). Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permit conditions. Response: No response it necessary. Comments from the Scott County Transportation Department Comment: We have reviewed the Environmental Assessment Worksheet for Heritage Square. Because 17 Avenue has been mentioned as a possible future County roadway, we feel it is especially critical for the design of 17th Avenue to accommodate the expected traffic volumes and the expected function of the road as an arterial. The following comments still apply from our December 28, 2000 letter to the City on the Conditional Use Permit application to the City for this development: The number of accesses proposed onto 17th Avenue is a major concern. We recommend full access onto 17th Avenue be allowed at a minimum spacing of V4 mile. Right in/out only accesses could be considered at 1/8 mile spacing. This is consistent with our continents submitted to the City on July 27, 2000, in regard to the rezoning and concept plan for this property- Response: The proposed access spacing meets the current City of Shakopee spacing guidelines as outlined in the transportation plan. Previous conversations with the Scott County Engineer have indicated that the County would accept this roadway being constructed to current City standards. This issue can be further discussed with Scott County during the plat process. Comment: The Valley View Road Study shows a connection of this future east/west collector street to 17 Avenue. This intersection will likely be the first full access on 17 Avenue east of CR 79. We recommend this access be located at least V4 mile east of CR 79, and that future traffic estimates be reviewed to ensure adequate queue lengths are available considering the possible traffic controls for this intersection. C. \windows \TEUT\022201CRmemo.doo Comment: The proposed 17th Avenue extension does not include any right turn lanes. Right turn lanes along 17'' Avenue would help to safely preserve the mobility function of the roadway. The right -of -way for 17th Avenue may need to be increased to accommodate such lanes. We recommend preserving this now, even if the City chooses not to require the installation of right turn lanes at this time. R esponse: Based on the analysis and the density of the proposed development no right turn lanes would be required at this time. However, this comment is noted and will be discussed in further detail as part of the preliminary plat. Comment: Due to the close proximity of intersections, the left turn lanes along 17 Avenue do not meet the standard turn lane length. By reducing the number of accesses, standard left turn lanes could be developed. R esponse: As stated in the previous response, the left turn storage capacity will be reviewed as part of the preliminary plat. Comment: The developer shall submit stormwater calculations, summarizing the change in drainage to CR 79 (if any), to the County Engineer for review and approval. R esponse: The developer will submit this information to the County Engineer for review. Comment: The School District 720 (SD 720) owns property on the west side of CR 79. The location of CR 79's intersection with 17�' Avenue will affect future access to SD 720 °s property. We therefore recommend SD 720 be involved in determining the alignment of 17 Avenue as part of this development. R esponse: A preliminary meeting has been held with the school district and the City to discuss a concept plan for the proposed school district site. The school district appears to be willing to discuss the proposed roadway alignment through their property. However, this property is currently outside the City of Shakopee and a joint study should be initiated with the City and County on the future alignment of 17 Avenue. The location of the proposed 17 Avenue through the Heritage Square development provides for the most practical spacing of intersections along CR 79. Therefore, no proposed changes to the intersection location is anticipated at this time. Comment: The landscape plan shows boulevard trees being planted between the sidewalk and curb. We would highly recommend that the trees on 17th Avenue not be planted within the road right -of -way to maintain vehicle sight lines and to allow any run - off -the road vehicles to recover or come to a safe stop. C: \windows \TEMP \022201CRmemo.doc Response: This issue will be discussed in detail as part of the preliminary plat and site plan approval. Comment: No berming, landscaping, signing or ponding shall be allowed in the County right-of-way- Response: The developer will be acquiring a permit to work within the County right -of -way as part of the proposed construction of this development. As part of that permit the County will have the opportunity to review the plans and all aspects of the plan that will be within County right -of -way. Comment: An access permit will be required prior to work commencing in the County right -of -way for 17' Avenue. Any other work within the County right -of -way shall require a utility permit. Response: The developer will request a permit to work within the County right -of- way along CR 79. Comment: We acknowledge the design recommendations for CR 79 at 17 Avenue. The County and City will need to work closely in dete the necessary timing and funding of such improvements. Response: The City agrees that these improvements are necessary and will work with the County on the timing and funding for these improvements. Comment: We will monitor traffic conditions at the intersection of CR 79 and 17 Avenue once 17 Avenue is completed, and as this property develops, to ensure proper traffic control for this intersection. Response: No response is needed. Comments from Scott County Community Development Comment: Item #13: This question was answered "No," but we believe it should have been marked "Yes." The project will involve "connection to or changes in [a] public water supply or appropriation of ground or surface water." However, it is mentioned in the narrative for Question 13 that the project proposes to connect to the City's public water supply. The project intends to use approximately 135,000 gal/day of public water (ground water). We are concerned that the project hopes to proceed based on "anticipation" that the Shakopee Public Utilities Commission (SPUC) will provide an additional public water supply well this year "that would supply this proposed development with water." With the documented deficiency in future ground water supplies in the area along with increased rates and water conservation measures imposed on existing city residents we suggest that this could be a substantial issue and recommend that further information be provided. As part of this, the EAW fails to "give the location and purpose of any new wells" and fails to answer the other applicable questions that should be answered with a "Yes" answer to Question 13. C. \windows \TEMP \022201 CRmemo.doc In addition, the County's CWI lists approximately 30 wells in this Section (T115N, R22W, Section 18). Based on the applicant's response, it is highly likely that at least one well is located on this property, since "a farmstead had previously been located on the site." The applicant acknowledges this potential but defers further response and detail to the "development activities." Any wells on the property should be properly abandoned as a condition of approval. Response: Item #13 should be marked "yes ". As stated in the text, the development will be connected to the City's water supply. In regard to the location of the Shakopee Public Utilities Commission (SPUC) new well, construction of the new well that will serve this area has begun. It is expected that this well will be functioning by Spring/Summer 2001. The well is located near the St. Francis Hospital just off of Marschall Road. In regard to the potential for existing on -site wells, a Phase 1 Environmental Site Assessment that was completed for the project by Braun Intertec for Town and Country Homes does not identify any on -site wells. However, if a well is encountered, it will be properly abandoned according to State and local regulations. Comment: Item #17: The draft Scott County Comprehensive Water Resource Management Plan is proposing the following policy as a part of its storm water management goal: "Manage runoff so the volume and the rate leaving a development does not exceed pre - settlement amounts unless it can be demonstrated that there will be no adverse material impact upon receiving water bodies or areas, and encourage the construction of regional storm water ponds for all development." (Policy 4, page 48) This is only a draft policy, but the applicant should be aware that the Water Plan is scheduled to be adopted late this year. The Water Plan will affect most of the area within the project site, and the response to Question 17 conflicts with the volume controls proposed by the draft Water Plan. Response: The developer will be advised of the County's proposed policy relating to stormwater volume. C. \windows \TEMP \022201CRmemo.doc There is a regional ponding system north of the site (Pond #4) as mentioned in the EAW. The developer may utilize the regional ponding site, in addition to on -site ponding. The regional ponding and conveyance system has been designed to accommodate upstream development. Maintenance of both the on -site ponds and regional Pond #4 would be the responsibility of the City. Further, soil borings were completed down to 20 feet. No bedrock was encountered to these depths. Therefore, the on -site ponds would not be deeper than the bedrock elevation. In addition, the statement was made that "the project is not anticipated to pose a threat to groundwater contamination." The proximity of the NURP pond(s) to the water table and the designation of the area by the GWPP refute this claim and point to the possibility of ground water contamination in the area, regardless of the use of "these types of chemicals" mentioned in Part B of Question 19. Comment: Items #28 -31: There were repeated references to "a new well" constructed by SPUC to address the issue of avoiding the possible impacts this project may have on existing ground water supplies. This response simply transfers this issue to SPUC and the reviewer is provided no information about SPUC's progress or commitment to provide sufficient water for this project. Full collaboration with SPUC (and other regulatory agencies) is necessary to achieve limited impacts to ground water supply in the area. Response: The SPUC has begun construction of the new well that will serve this area. The new well is located near the St. Francis Hospital on Marcshall Road. SPUC anticipates that this well will be functioning by Spring/Summer 2001. C: \windows \TEMP \022201CRmemo.doc Comments from the Lower AFInnesota River Watershed District Comment: Overall, the Environmental Assessment Worksheet is fairly complete. It addresses the issues that typically arise with this type of development project. The LMRWD is pleased to see that there will be storm water ponding located on -site. With the significant increase of impervious surface, it is imperative that storm water issues be addressed and managed. Response: No response is necessary Comment: In relation to the storm ponds, the EAW does not include information as to the size or capacity of the ponds. The LMRWD Water Management Plan requires that developments of this nature provide storm water calculations and ponding for the 2 -yr, 10- yr, and 100 -yr storm events. This information is not included in the EAW. Response: This information will be provided to the City for final review as part of final plan approval. The City will ensure that the storm water management of the site conforms to local policies. Comment: The LMRWD is also pleased to see erosion and sediment control measures incorporated in to the EAW. We do have a question as to why silt fence will only be used on the southern and eastern perimeter of the project. We would recommend that silt fence surround the entire project site. Response: The silt fence is shown primarily along the eastern and northern borders of the site. While the general drainage pattern of the site is to the north, localized areas will drain to the south. The City will require the use of silt fence in all areas that have the potential to drain off -site. Comment: It will be crucial erosion and sedimentation from the site be controlled given the fine, sandy nature of the soils found on the site. The site should be seeded on/or watered as soon as grading of the site is complete to minimiz any possibility of wind erosion. Response: Best Management Practices such as seeding and watering will be used to reduce the erosion and sedimentation from the site. Comment: There is an opportunity to incorporate innovative site design and storm water management practices in this project. The LMRWD encourages the City of Shakopee and the developer to consider site deign practices such as swales, narrower streets, rain gardens, and infiltrations basins to help reduce the amount of impervious surface and the amount of storm water runoff from the project site. Response: These options will be forwarded to the developer for their consideration. Comments from the Department of Natural Resourc Comment: The EAW correctly notes in Item 16, Erosion and Sedimentation, that the soils within the site are susceptible to erosion. The EAW should further note that the erosion potential is wind borne rather than water based. Although still necessary, water - related erosion control measures such as silt fence do not control wind erosion. Control of wind C:\windows\TEMP\022201CRmemo-doc cRmemo.aoo erosion is accomplished through phased mass grading accompanied by quick establishment of vegetative cover. Construction should be conducted to minimiz the amount of exposed soils at the site and should be followed with immediate seeding with disked mulch to prevent wind erosion. Response: The developer will incorporate Best Management Practices to reduce the amount of water and wind related erosion. Construction will be phased and vegetation established as soon as feasible. Comment: Regarding runoff management techniques applicable to the project, the sandy nature of the soils of this outwash plain likely are conducive to storm water infiltration. Use of infiltration - based techniques can reduce runoff volumes leaving the site as well as provide for water quality treatment. Response: The discharge rates from the site will be restricted and detain storm water thereby allowing for infiltration. It is likely that the open spaces set aside for parkland will function to provide some infiltration. Comment: Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (EIS) based upon natural resource considerations. Response: No response is necessary. Response: This information has been forwarded to the developer. Comment: A MriDOT drainage permit will be required for this project. The permit application must include hydraulic computations and drainage area maps showing existing and proposed conditions along with addressing 10 and 100 year storm events. Existing drainage patterns and rates of runoff must be perpetuated. The site's storm water discharge rate must not increase. Response: The developer will be responsible for obtaining the proper permits. This information has been forwarded to the developer. Conclusion This concludes the responses to comments to the Heritage Square EAW. The Findings of Fact is included with this memo for your information. If you have -any questions, please feel free to contact Andi Moffatt with WSB at (763)287 -7196 or Michael Leek with the City of Shakopee at (952)233- 3800. C. Bill Anner, Town & Country Homes Dwight Jelle, Westwood Professional Services C: \windows \TEMP \022201 CRmemo. doc In the matter of the Decision on the Need' for an Environmental Impact Statement (EIS) for the Heritage Square Residential Development in Shakopee, MN. 1 91 • 1ZM W • • • Town and Country Homes proposes to construct the Heritage Square Residential Development on 66 acres located east of County Road 79 and south of Trunk Highway 169 in Shakopee, MN. This project will include 38 unattached and 454 attached residential units. Pursuant to Nlinnesota R. 4410.4300, subp. 14, the City of Shakopee has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on the project and based on the record in this matter, including the EAW and comments received, the City of Shakopee makes the following Findings of Fact and Conclusions: 1 1 1 • I. PROJECT DESCRIPTION A. Project The proposed project involves construction of 38 unattached and 454 attached residential units on 66 acres of land. It is also anticipated that 17 Avenue will be extended through the site and lateral, residential streets will be constructed. Three ponding areas for stormwater management are proposed as well as some open space for recreation. B. Project Site The proposed project is located within 66 acres immediately south of Trunk Highway 169 and east of County Road 79 in Shakopee, MN within the NW1/4 of Section 18, T115N, R22W. The site currently contains 65.6 acres of cropland and 0.4 acres of wooded area. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300 subp. 19. B. An EAW was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on January 8, 2001. C. A public notice containing information about the availability of the EAW for public review was published in the Shakopee Valley News on January 18�' and 25', 2001. D. The EAW was noticed in the January 22, 2001 EQB Monitor. The public comment period ended February 21, 2001. Comments were received from the Minnesota Pollution Control Agency, Scott County Transportation Department, Scott County Community Development, the Lower Minnesota River Watershed District, and the Minnesota Department of Natural Resources. Comments from MnDOT were received after the comment deadline. Copies of these letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. II CRITERIA FOR DETERMINING TBE POTENTIAL FOR SIGNIF ENV IRONN1E NTAL Minnesota R. 4410.1700, subp. 1 states that "an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects, the City of Shakopee must consider the four factors set out in Minnesota R. 4410.1700, subp. 7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, • REVERSIBILITY OF 1' • I ,� � EFFECTS The first factor that the City must consider is "type, extent and reversibility of environmental effects", Minnesota R. 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: b. Increased water use. The development proposes to use 0.135 million gallons of water per day. The Shakopee Public Utilities Commission (SPUQ has begun construction on a new well that will serve this area. This well is expected to be available for use by Spring/Summer 2001. c. Increased wastewater discharge. The Blue Lake Wastewater Treatment will provide treatment for the municipal wastewater generated from the site. This treatment facility will be able to accommodate the development. d. Conversion of open space to developed space. The regional land use conversion that has taken place in the Metropolitan area is difficult to mitigate. The open space proposed within the Heritage Square development is primarily associated with the stormwater ponding areas and/or neighborhood park areas. 2. The extent and reversibility of environmental impacts are consistent with those of residential development. 't • •'. I O 0 a • U�• The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects", Nlmnesota R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. The effects of these developments will be increased stormwater runoff, increased water use, increased wastewater discharge, and conversion of open space to developed space. Increased stormwater will addressed through on -site treatment and the use of the regional ponds. The SPUC's new well will be functioning by Spring/Summer 2001 and will accommodate the water use in the area. The Blue Lake Wastewater Treatment Facility will be able to accommodate additional development. As stated for the project, the regional conversion of open space to developed space is difficult to mitigate. It is anticipated that developers will be encouraged to incorporate open space into their development plans. I • 1 I . • 1 .. ; , • 1 • : • NOW • I •' I. N o w I •' ' 1. The following permits or approvals will be required for the project: Unit of Government Permit/Approval Required State: CA NPDES Permit CA Sanitary Sewer Permit MDg Water Extension Permit MnDOT Road Access Approval MnDOT Drainage Permit County: Scott County County Road Access City/Local: Shakopee Shakopee Shakopee SPUC Plat Approval Building Approval Conditional Use Permit Utilities Permit/Approval 2. The City finds that the potential environmental impacts of the project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. D. TBE EXTENT TO WFUCH ENVIRONMENTAL ANTICIPATED AND CONTROLLED AS A RESULT OF OTBER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR TBE PROJECT PROPOSER, OR OF EISs PREVIOUSLY PREPARED ON 1 11 PROJECTS. The fourth factor that the City must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects," Minnesota R. 4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The environmental impacts of the proposed project have been anticipated in the following plans prepared by the City: 1. City of Shakopee Comprehensive Plan 2. City of Shakopee Comprehensive Stormwater Management Plan 3. City of Shakopee Transportation Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. 1 1 The preparation of the Heritage Square Residential Development EAW and comments received on the EAW has generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. The EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to mitigate these effects. The Heritage Square Residential Development is anticipated to comply with all City of Shakopee standards and review agency standards. Based on the criteria established in Nfinnesota R. 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. CITY F SHAKOPEE f l Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Shakopee School District 720 (the Schools) for Waiver of Criteria Related to Minor Subdivisions MEETING DATE: March 6, 2001 ICU 1 1 4,1 1l 1 The Schools have submitted a request that the Council waive the criteria found at City Code Sec. 12.05, Subd. 1 and 2, for allowing minor subdivision of property. Specifically, the Schools may wish to proceed with combination of parcels that it is acquiring for a new elementary school site in the Southbridge area prior to effectuation of the final plat of Shakopee Crossings First Addition. A copy of Superintendent cBroom's letter is attached for the Council's information. ALTE A S: 1. Approve the request for waiver of the minor subdivision criteria found at City Code Sec. 12.05, Subd. 1 and 2. 2. Do not approve the request for waiver of minor subdivision criteria. Offer a motion consistent with Council's wishes. R. Michael Leek - Community Development Director District Office February 12, 2001 City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear City Council, Shakopee School Board Anne Tuttle, Chair Todd Anderson, Vice Chair Steve Schneider, Clerk Mary Romansky, Treasurer Kathy Busch, Director Jessica Geis, Director Andrew Unseth, Director Superintendent: Jon McBroom Director of Business Services: Robert N. Martin Human Resources Manager: Shaleen Roth The Shakopee School District 720 respectfully requests that the Shakopee City Council waive the minor subdivision criteria requiring that the property be previously plated, for the site of the proposed elementary school building. We are making this request because of the timing of the land acquisition, the date of the referendum, and the need to begin construction if the referendum is approved, as well as, to have a resulting lot that complies with appropriate zoning code criteria and standards. The District's intent is to continue to work closely with City staff to meet timelines and all other requirements. We appreciate the information and professional assistance afforded to date by the City staff. Please advise of anything further needed to support this request. Respectfully, Jon McBroom Superintendent of Schools 505 South Holmes ° Shakopee, MN 55379 (952)496 -5000 ° fax: (952)445 -8446 TTY: (952)496 -5029 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION AN EQUAL OPPORTUNITY EMPLOYER CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Gorman Street, from 4 th Avenue to County Road 17, Project No. 2000 -1 DATE: March 6, 2001 INTRODUCTION: Attached is Resolution No. 5494, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for Gorman Street, from 4 th Avenue to County Road 17, Project No. 2000 -1. BACKGROUND: On May 16, 2000, the City Council approved Resolution No. 5362, awarding the contract to S.M. Hentges & Sons, Inc. of Jordan, Minnesota for $584,800.44. The improvements have been essentially completed with the exception of the final pavement wear course and final cost projection with the total construction costs for this project is projected to be at $630,789.74. Included in the construction cost amount is $24,000 for street lighting, which was not part of S.M. Hentges & Sons, Inc. contract but was contracted through SPUC. Costs associated with administration and engineering for the project total $113,010.44. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $796,373.90. Attached is a cost comparison between final project costs and feasibility report costs. With this project, it has been calculated that the watermain oversizing costs and those costs associated with the installation of 12" watermain installed on 4 th Avenue to be paid for by Shakopee Public Utilities is $46,788.12. At this time, staff does not have a written acknowledgement of this amount. However, it is anticipated that an agreement will be reached before Tuesday's Council meeting. 1. Adopt Resolution No. 5494. 2. Deny Resolution No. 5494 3. Table for additional information from staff. Staff recommends Alternative No. 1. U 13120.9 Kel" Offer Resolution No. 5494, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Gorman Street from 4 th Avenue to County Road 17, Project No. 2000 -1 and move its adoption. /I i I KU , ce Lone Public Works Director BUjhd MEM5464 GORMAN STREET 2000 -1 COST COMPARISON NOTES: 1. CITY COST (W /ASSESSMENT) includes watermain looping through Public Works site and one -half of assessment for Public Works /SPUC site. 2. SPUC COST (W /ASSESSMENT) includes watermain oversizing costs, 4th Avenue watermain costs and one -half of assessment for Public Works /SPUC site. cal_work_XLS FEASIBILITY FINAL COSTS REPORT COSTS SPUC COST (W /ASSESSMENT) $ 89,284.38 $ 91,411.74 CITY COST (W /ASSESSMENT) $ 91,720.82 $ 108,223.61 TAX LEVY $ 186,464.72 $ 209,983.13 SANITARY SEWER FUND $ 111,853.93 $ 95,396.13 STORM SEWER FUND $ 59,881.58 $ 46,057.69 REMAINDER OF ASSESSMENTS $ 204,594.76 $ 245,271.60 TOTALS $ 743,800.18 $ 796,343.90 NOTES: 1. CITY COST (W /ASSESSMENT) includes watermain looping through Public Works site and one -half of assessment for Public Works /SPUC site. 2. SPUC COST (W /ASSESSMENT) includes watermain oversizing costs, 4th Avenue watermain costs and one -half of assessment for Public Works /SPUC site. cal_work_XLS �. A Resolution Declaring The Cost To Be Assessed And Ordering The P Of Proposed •' I1 For G orman Street From 4 ' Avenue o County Roa Proj ect II1 WHERE a contract has been let for the improvement of Gorman Street, from 4 Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, bituminous trail, street lighting and all other appurtenant work and the contract price for such improvements was $584,800.44 and the final contract price for such improvement is $606,789.74, and the expenses incurred or to be incurred in the making of such improvements amounts to $137,010.44, so that the total cost of the improvements will be $743,800.18. Of this cost the City of Shakopee will pay $407,424.79 as its share of the cost and the Shakopee Public Utilities Commission will pay $46,788.12 as its share of the cost. NOW, THEREFORE, BE 1 BY THE CITY COUNCIL OF Tyl CITY OF SHAK OPEE, MINNESOTA 1. The cost of such improvement to be specially assessed is hereby declared to be $289,587.27. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 1. That a hearing shall be held on the 3rd day of April, 2001, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk l6 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Project Cooperation Agreement Between the Department of the Army and the City of Shakopee for Construction of the Shakopee Emergency Bank Protection DATE: March 6, 2001 Attached to this memo is a Project Cooperation Agreement between the Department of the Army and the City of Shakopee for construction of the Shakopee Emergency Bank Protection along the Minnesota River from Fuller Street to the Holmes Street Bridge. Also included is the attorney's certificate as to right -of -way for the Stream Bank Protection Project. As part of the River District Trunk Sanitary Sewer reconstruction, Project No. 1999 -1, the City included a Phase II with this project for riverbank protection in the area where the sanitary sewer trunk line was repaired. On March 13, 2000, staff notified City Council that the Army Corps of Engineers receive and approve the Section 14 project for Riverbank Stabilization with the City of Shakopee, however, funding was not available at this time. On February 13, 2001, staff notified Council that the Army Corps of Engineer Riverbank Stabilization Project now has funding in the Army Corps and intends to build the project in July of 2001. This memo is intended to have Council consider entering into a project cooperation agreement with the Department of the Army for riverbank protection from Fuller Street to Holmes Street in order for this project to be constructed by the Army Corps of Engineer this year. The Project Cooperation Agreement with the attorney certificate of real estate has been sent to our City attorney for review and comment. With this agreement, the highlights of this 25 -page agreement are as follows: (1) The project protecting approximately 400 lineal feet of riverbank along the South side of the Minnesota River to protect a trunk sanitary sewer pipe that was recently relocated by the City of Shakopee from Fuller Street to the Holmes Street bridge. (2) The City of Shakopee's contribution should be a minimum of 35% of the project but not to exceed 50% of the total projects' costs in accordance of the provision of the contract per the agreement. (3) The estimated total project cost are projected at this time to be $234,000 and the City's cash contribution required under Article Le. of this agreement is projected to be $82,000. (4) The project will be designed and constructed by the Department of the Army. The City is responsible for reimbursement of its share of the project. Also, included with this memo is a copy of the plans. At this time the City Council needs to discuss whether or not to proceed with the Emergency Bank Protection Project with the Department of the Army. If so, Council should authorize the appropriate City officials to execute the project cooperation agreement and the city attorneys certificate as to right -of -way to be executed. Agreement of this project would be from the sanitary sewer enterprise fund as this project is being done to protect a sanitary sewer along the Minnesota River. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the project cooperation agreement between the Department of the Army and the City of Shakopee for construction of the Shakopee Emergency Bank Protection and for the city attorney to execute an attorney certificate as to right -of -way for this project. 2. Do not execute this agreement. 3. Table for additional information from staff. Staff recommends Alternative No. 1 so that the South riverbank from Fuller Street to Holmes Street can be stabilized and protect the trunk sanitary sewer repair that was done in 1999. Staff recommends payment of these project costs that the City is responsible for to be from the sanitary sewer enterprise fund. This project was included in the Capital Improvement Program for the year 2003. However, funding has become available sooner than anticipated at the Federal level. Approve a motion authorizing the appropriate City officials to execute the project cooperation agreement between the Department of the Army and the City of Shakopee for construction of the Shakopee Emergency Bank Protection from Fuller Street to Holmes Street and for the City attorney to execute an attorney's certificate as to right -of -way for this project. n Bruce Loney Public Works Director RIVER STABILIZATION SHAKOPEE,MN SECTION 14 QUALITY CONTROL PLAN 23 -Feb-01 PRO jECT SCHEDULE ID Deliverable From To Start Finish Duration Predecessor 1 Start Project Done 28- Sep -99 0 days 2 Site Visit PM /ED Done 28-Sep -99 1 day 1 3 Draft QCP PM All Done 20- Oct -99 1 day 2FS +15 days 4 Initial Meeting All Done 21- Oct -99 1 day 3 5 Surveys LS PM Done 2- Nov -99 1 day 4FS +7 days 6 Borings KR ED Done 2- Nov -99 1 day 4FS +7 days 7 Soil Testing KR ED Done 3- Nov -99 1 day 6 8 Design Analysis ED All Done 30- Dec -99 18 days 7FS +4 wks,5FS +4 wks 9 Draft Plans/ROW Drawings ED All Done 7-Jan-00 5 days 8 10 Quantities ED All Done 11 -Jan -00 2 days 9 11 Review Draft Plans All PM Done 14 -Jan -00 5 days 9 12 Design Review Meeting All Done 18 -Jan -00 1 day 11 13 Baseline Cost Estimate ED -C PM Done 19-Jan-00 1 wk 10 14 FTRBCOE Plans ED PM Done 6 -Mar -00 1 wk 15 FTRBCOE Tech Spec ED PM Done 10 -Apr -00 2 wks 14FS +3 wks 16 FTRBCOE Non -tech Spec CT PM Done 12- May -00 34 days 14FS +3 wks 17 FTRBCOE Review All PM Done 12 -Jun -00 2 wks 16FS +2 wks,15 18 FiR/BCOE Meeting (First) All Done 13 -Jun -00 1 day 17 19 Revise Documents ED 12- Feb -01 23 -Feb -01 2 wks 18FS +34 wks 20 FTRBCOE Review (2nd) PM All 26 -Feb -01 9 -Mar -01 2 wks 19 21 FTRBCOE Meeting (2nd) PM, CO, ED, LS 12 -Mar -01 12 -Mar -01 1 day 20 22 Final Quantities ED ED 13 -Mar -01 13 -Mar -01 1 day 21 23 Final P &S Package ED PM 14 -Mar -01 16 -Mar -01 3 days 22 24 FTRBCOE Sign -off PM All 19- Mar -01 23 -Mar -01 1 wk 23,30 25 EBS and Reproduction ED CT 26 -Mar -01 30 -Mar -01 1 wk 24 26 EA Complete PM -E PM Done 29 -Feb-00 7 wks 9 27 Real Estate Plan RE PM Done 7 -Feb-00 4 wks 9 28 Economic Analysis Complete PM -E PM Done 2 -Feb-00 2 wks 13 29 EA Review Complete Public PM/PM -E Done 1- May -00 44 days 25 30 FONSI Signed DE PM Done 1 -May -00 0 days 28 31 Fact Sheet Complete PM MVD /HQ Done 12 -May -00 9 days 29,26 32 MVD Fact Sheet Review MVD /HQ Done 24 -Jan -01 179 days 30 33 Project Approved MVD /HQ PM Done 24-Jan-01 0 days 31 34 Prepare PCA PM LS 25-Jan-01 14 -Feb-01 3 wks 28,33 35 Execute PCA LS/DE LS /DE 15 -Feb-01 14 -Mar -01 4 wks 34,33 36 PCA Executed LS /DE 14 -Mar -01 14 -Mar -01 0 days 35 37 RE Acquisition LS /RE RE 15- Mar -01 9 -May -01 8 wks 36 38 ROW Certification LS RE 9 -May -01 9 -May -01 0 days 37 39 Notify City of Funds Wd PM LS 15 -Mar -01 11 -Apr -01 20 days 36 40 Mail P&S to 8a Contractor PM /CT KR 30 -Mar -01 30 -Mar -01 0 days 36,25 41 KR Proposal Received KR PWCT 2- Apr -01 30 -Apr -01 21 days 40 42 Government Objective ED CT 1 -May -01 7 -May -01 1 wk 41 43 Negotiations ED CT 10 -May -01 16 -May -01 1 wk 42,38 44 Award & Funding Process CT PM 17 -May -01 13-Jun-01 4 wks 43 45 Contract Awarded CT PM 134un -01 13-Jun-01 0 days 44,39 46 Notice to Proceed CT KR 14 -Jun -01 27 -Jun -01 10 days 45 47 Construction KR 28- Jun -01 22 -Aug -01 8 wks 46 48 As -built Mark -ups from CO -E CO PM 23- Aug -01 29 -Aug -01 1 wk 47 49 As -built Dwgs to Map Fide ED PM 30 -Aug -01 12 -Sep-01 2 wks 48 50 O &M Manual ED PM 13-Sep-01 26 -Sep-01 2 wks 49 51 Project Close -out PM LS 27 -Sep-01 24 -Oct-01 4 wks 50 shakopeegcp201x1s 2/23/01 C) LL 04 O 0 :3 a 0 CD CL 0 _lie cu P CL ........ .... . F U- 0 a 0 0 0 0 LL U- LL (no c a c a 0 m 0 0 0 0 0 0 m MMM.!!3:.m ID O cr LL a 0 0 0 0 cc 0 0 E f t a M 0 E 2 fL 8 a LL 0 m U < . - < E Ep O w a: '0 tL a. , E-,.dts2 LL CL m 0 00m. a O m E -q.2 E 3: 'OoZ T 2 C E Z ca 03 0 o 9L L -9 -9 ca 0 ul 0 0 z a 0 CL tz L w cc L U. ti (L (L m 0: z Leo m 1 1 1 1 1 1 1 1 1 1 1- 12 m i v 1 1 v v I I v Iv 1� v 1w I SHAKOPEE, MINNESOTA SECTION 14 EMERGENCY STREAM13ANK PROTECTION PROJECT O N AGREEME 1 WMV 102 a ti EM M e 1101 I, , certify that I am the attorney for the City of Shakopee, County of Scott, State of Minnesota, hereinafter referred to as the Sponsor, and that I am a duly licensed attorney, qualified and authorized to practice law in the State of Minnesota. I further certify that I have made or caused to be made an examination of the land records of Scott County, Minnesota, as well as the original instruments conveying certain interests to the Sponsor in the hereinafter described lands as shown on the drawings entitled Shakopee, MN - Section 14 Bank Protection Real Estate Requirements, dated Feb 2001 Said real estate interests, consisting of property takings required for project purposes, easements and descriptions of areas covered by said easements, including other lands as required, are attached to and made a part of the Right -of -Entry, granted to the United States of America by the said Sponsor. From the foregoing examination, I am of the opinion that the Sponsor is vested with the real estate interests in said lands necessary for the construction, operation, maintenance, repair, replacement and rehabilitation of said project. I further certify that the Sponsor has the full power and necessary right, title and interest in and to said lands to grant permission to the United States of America, its officers, employees, agents and assigns to enter upon the land described above for the purposes therein stated. Signed and dated at this day of 1=.:)C1 Z SHAKOPEE, MINNESOTA SECTION 1 ERGENCY STREAMBANK PROTECTION PROJECT •• • AGREEMENT MINNESOTA RIVER STREAMBANK PROTECTION PROJECT RIGHT-OF-ENTRY The City of Shakopee, Minnesota, a municipal corporation of the County of Scott, State of Minnesota, hereinafter referred to as the Sponsor, by its duly qualified and authorized officials whose signatures are affixed hereto, in consideration of the benefits and advantages which will accrue to said Sponsor by reason of its participation with the United States in the local streambank protection project authorized by Section 14 of the 1946 Flood Control Act, as amended, and in accordance with the required conditions of local cooperation set forth in Project Cooperation Agreement executed by the Sponsor on ' does hereby grant to the United States, its officers, employees, agents, successors and assigns, and the Government contractors, their officers, employees, agents, successors and assigns, permission to enter upon the lands, easements, rights -of -way and other properties of said Sponsor as shown on the drawings entitled Shakopee MN - Section 14 Bank Protection. Real Estate Requirements dated Feb 2001 for the purposes of constructing said streambank protection project. IN WITNESS YnIEREOF, the Sponsor has caused its corporate name to be hereunto signed by the Mayor of Shakopee, attested to by the and the corporate seal of said Sponsor to be affixed hereto this day of , 20_. (seal) SHAKOPEE, MINNESOTA TITLE: Attest: Title f SECTION 14 EMERGENCY STREAMBANK OR SHORELINE PROTECTION WORKS PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF SHAKOPEE, MINNESOTA FOR CONSTRUCTION OF THE SHAKOPEE EMERGENCY BANK PROTECTION THIS AGREEMENT is entered into this day of , 2001, by and between the DEPARTMENT OF THE ARMY (hereinafter the "Government "), represented by the U.S. Army Engineer for the St. Paul District (hereinafter the "District Engineer ") and the City of Shakopee, Minnesota (hereinafter the "Non- Federal Sponsor "), represented by the Mayor, City of Shakopee. WITNESSETH, THAT: WHEREAS, the Shakopee Emergency Bank Protection Project at Shakopee, Minnesota (hereinafter the "Project ") was approved for construction by Commander, Mississippi Valley Division on January 24, 2001 pursuant to the authority contained in Section 14 of the Flood Control Act of 1946, as amended, 33 U.S.C. 701r; WHEREAS, the Government and the Non - Federal Sponsor desire to enter into a Project Cooperation Agreement for construction of the Shakopee Emergency Bank Protection Project, as defined in Article I.A. of this Agreement; WHEREAS, Section 103(a) of the Water Resources Development Act of 1986, Public Law 99 -662, as amended, sets forth the cost - sharing requirements that shall apply to the Project; WHEREAS, Section 14 of the Flood Control Act of 1946, as amended, and Government regulations which implement this statute, limit the amount the Federal Government may expend on a single emergency streambank or shoreline protection works project to $1,000,000; WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as amended, and Section 103 of the Water Resources Development Act of 1986, Public Law 99 -662, as amended, provide that the Secretary of the Army shall not commence construction of any water resources project, until each non - Federal sponsor has entered into a written agreement to furnish its required cooperation for the project; and it WHEREAS, the Government and Non - Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost - sharing and financing of the Project in accordance with the terms of this Agreement. NOW, THEREFORE, the Government and the Non - Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: A. The term "Project" shall mean protecting approximately 400 linear feet of riverbank along the Minnesota River immediately upstream of the old Highway 101 bridge in Shakopee, Minnesota by reshaping the bank and placing rockfill to prevent further erosion as generally described in the Section 14 Project Fact Sheet, dated May 12, 2000 and approved by Commander, Mississippi Valley Division on January 24, 2001. B. The term "total project costs" shall mean all costs incurred by the Non - Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to construction of the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: all costs in excess of $40,000 for planning, engineering, and design; the costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XV.A. of this Agreement; costs of historic preservation activities in accordance with Article XVIII.A. of this Agreement; actual construction costs; supervision and administration costs; costs of participation in the Project Coordination Team in accordance with Article V of this Agreement; costs of contract dispute settlements or awards; the value of lands, easements, rights -of- way, relocations, and suitable borrow and dredged or excavated material disposal areas for which the Government affords credit in accordance with Article IV of this Agreement; and costs of audit in accordance with Article X of this Agreement. The term does not include any costs for operation, maintenance, repair, replacement, or rehabilitation; any costs due to betterments; or any costs of dispute resolution under Article VII of this Agreement. C. The term "financial obligation for construction" shall mean a financial obligation of the Government, other than an obligation pertaining to the provision of lands, easements, rights -of -way, relocations, and borrow and dredged or excavated material disposal areas, that results or would result in a cost that is or would be included in total project costs. V, D. The term "non- Federal proportionate share" shall mean the ratio of the Non - Federal Sponsor's total cash contribution required in accordance with Articles II.E.l. and II.E.3. of this Agreement to total financial obligations for construction, as projected by the Government. E. The term "period of construction" shall mean the time from the date the Government first notifies the Non - Federal Sponsor in writing, in accordance with Article VI.B. of this Agreement, of the scheduled date for issuance of the solicitation for the first construction contract to the date that the District Engineer notifies the Non - Federal Sponsor in writing of the Government's determination that construction of the Project is complete. F. The term "highway" shall mean any public highway, roadway, street, or way, including any bridge thereof. G. The term "relocation" shall mean providing a functionally equivalent facility to the owner of an existing utility, cemetery, highway or other public facility, or railroad (including any bridge thereof) when such action is authorized, in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant removal of the affected facility or part thereof. H. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. I. The term "functional portion of the Project" shall mean a portion of the Project that is suitable for tender to the Non - Federal Sponsor to operate and maintain in advance of completion of the entire Project. For a portion of the Project to be suitable for tender, the District Engineer must notify the Non - Federal Sponsor in writing of the Government's determination that the portion of the Project is complete and can function independently and for a useful purpose, although the balance of the Project is not complete. J. The term "betterment" shall mean a change in the design and construction of an element of the Project resulting from the application of standards that the Government determines exceed those that the Government would otherwise apply for accomplishing the design and construction of that element. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON- FEDERAL SPONSOR A. As indicated in Article I.B. of this Agreement, the 3 first $40,000 of the costs for planning, engineering, and design of the Project shall not be included in total project costs but shall be the sole responsibility of the Government. B. The Government, subject to receiving funds appropriated by the Congress of the United States and using those funds and funds provided by the Non - Federal Sponsor, shall expeditiously construct the Project, applying those procedures usually applied to Federal projects, pursuant to Federal laws, regulations, and policies. 1. The Government shall afford the Non - Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. The Government shall not issue the solicitation for the first construction contract until the Non - Federal Sponsor has confirmed in writing its willingness to proceed with the Project. To the extent possible, the Government shall afford the Non - Federal Sponsor the opportunity to review and comment on all contract modifications, including change orders, prior to the issuance to the contractor of a Notice to Proceed. In any instance where providing the Non - Federal Sponsor with notification of a contract modification or change order is not possible prior to issuance of the Notice to Proceed, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non - Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non - Federal Sponsor, but the contents of solicitations, award of contracts, execution of contract modifications, issuance of change orders, resolution of contract claims, and performance of all work on the Project (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Government. 2. Throughout the period of construction, the District Engineer shall furnish the Non - Federal Sponsor with a copy of the Government's Written Notice of Acceptance of Completed Work for each contract for the Project. C. The Non - Federal Sponsor may request the Government to accomplish betterments. Such requests shall be in writing and shall describe the betterments requested to be accomplished. If the Government in its sole discretion elects to accomplish the requested betterments or any portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non- n Federal Sponsor shall be solely responsible for all costs due to the requested betterments and shall pay all such costs in accordance with Article VI.C. of this Agreement. D. When the District Engineer determines that the entire Project is complete or that a portion of the Project has become a functional portion of the Project, the District Engineer shall so notify the Non - Federal Sponsor in writing and furnish the Non - Federal Sponsor with an Operation, Maintenance, Repair, Replacement, and Rehabilitation Manual (hereinafter the "OMRR &R Manual ") and with copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project or the functional portion of the Project that have not been provided previously. Upon such notification, the Non - Federal Sponsor shall operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project in accordance with Article VIII of this Agreement. E. The Non - Federal Sponsor shall contribute a minimum of 35 percent, but not to exceed 50 percent, of total project costs in accordance with the provisions of this paragraph. 1. The Non - Federal Sponsor shall provide a cash contribution equal to 5 percent of total project costs in accordance with Article VI.B. of this Agreement. 2. In accordance with Article III of this Agreement, the Non - Federal Sponsor shall provide all lands, easements, rights -of -way, and suitable borrow and dredged or excavated material disposal areas that the Government determines the Non - Federal Sponsor must provide for the construction, operation, and maintenance of the Project, and shall perform or ensure performance of all relocations that the Government determines to be necessary for the construction, operation, and maintenance of the Project. 3. If the Government projects that the value of the Non - Federal Sponsor's contributions under paragraphs E.l. and E.2. of this Article and Articles V, X, and XV.A. of this Agreement will be less than 35 percent of total project costs, the Non - Federal Sponsor shall provide an additional cash contribution, in accordance with Article VI.B. of this Agreement, in the amount necessary to make the Non - Federal Sponsor's total contribution equal to 35 percent of total project costs. 4. If the Government determines that the value of the Non - Federal Sponsor's contributions provided under paragraphs E.2. and E.3. of this Article and Articles V, X, and XV.A. of this Agreement has exceeded 45 percent of total project costs, the Government, subject to the availability of funds and to Article XIX of this Agreement, shall reimburse the Non - Federal 5 Sponsor for any such value in excess of 45 percent of total project costs. After such a determination, the Government, in its sole discretion, may provide any remaining Project lands, easements, rights -of -way, and suitable borrow and dredged or excavated material disposal areas and perform any remaining Project relocations on behalf of the Non - Federal Sponsor. F. The Non - Federal Sponsor may request the Government to provide lands, easements, rights -of -way, and suitable borrow and dredged or excavated material disposal areas or perform relocations on behalf of the Non - Federal Sponsor. Such requests shall be in writing and shall describe the services requested to be performed. If in its sole discretion the Government elects to perform the requested services or any portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non - Federal Sponsor shall be solely responsible for all costs of the requested services and shall pay all such costs in accordance with Article VI.C. of this Agreement. Notwithstanding the provision of lands, easements, rights -of -way, and suitable borrow and dredged or excavated material disposal areas or performance of relocations by the Government, the Non - Federal Sponsor shall be responsible, as between the Government and the Non - Federal Sponsor, for the costs of cleanup and response in accordance with Article XV.C. of this Agreement. G. The Government shall perform a final accounting in accordance with Article VI.D. of this Agreement to determine the contributions provided by the Non - Federal Sponsor in accordance with paragraphs C., E., and F. of this Article and Articles V, X, and XV.A. of this Agreement and to determine whether the Non - Federal Sponsor has met its obligations under paragraphs C., E., and F. of this Article. H. The Non - Federal Sponsor shall not use Federal funds to meet the Non - Federal Sponsor's share of total project costs under this Agreement unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW 91 -646 COMPLIANCE A. The Government, after consultation with the Non - Federal Sponsor, shall determine the lands, easements, and rights -of -way required for the construction, operation, and maintenance of the Project, including those required for relocations, borrow R materials, and dredged or excavated material disposal. The Government in a timely manner shall provide the Non - Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights -of -way that the Government determines the Non - Federal Sponsor must provide, in detail sufficient to enable the Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non - Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights -of -way. Prior to the end of the period of construction, the Non - Federal Sponsor shall acquire all lands, easements, and rights -of -way set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each construction contract the Non - Federal Sponsor shall provide the Government with authorization for entry to all lands, easements, and rights -of -way the Government determines the Non - Federal Sponsor must provide for that contract. The Non - Federal Sponsor shall ensure that lands, easements, and rights -of -way that the Government determines to be required for the operation and maintenance of the Project and that were provided by the Non - Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non - Federal Sponsor, shall determine the improvements required on lands, easements, and rights -of -way to enable the proper disposal of dredged or excavated material associated with the construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de- watering pumps and pipes. The Government in a timely manner shall provide the Non - Federal Sponsor with general written descriptions of such improvements in detail sufficient to enable the Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non - Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the end of the period of construction, the Non - Federal Sponsor shall provide all improvements set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each Government construction contract, the Non - Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the proper disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. C. The Government, after consultation with the Non - Federal Sponsor, shall determine the relocations necessary for the construction, operation, and maintenance of the Project, including those necessary to enable the removal of borrow materials and the proper disposal of dredged or excavated V1 I material. The Government in a timely manner shall provide the Non - Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations in detail sufficient to enable the Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non - Federal Sponsor with a written notice to proceed with such relocations. Prior to the end of the period of construction, the Non - Federal Sponsor shall perform or ensure the performance of all relocations as set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each Government construction contract, the Non - Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that contract. D. The Non - Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to paragraphs A., B., or C. of this Article. Upon receipt of such documents the Government, in accordance with Article IV of this Agreement and in a timely manner, shall determine the value of such contribution, include such value in total project costs, and afford credit for such value toward the Non - Federal Sponsor's share of total project costs. E. The Non - Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100 -17), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights -of -way required for the construction, operation, and maintenance of the Project, including those necessary for relocations, borrow materials, and dredged or excavated material disposal, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, RELOCATIONS, AND DISPOSAL AREAS A. The Non - Federal Sponsor shall receive credit toward its share of total project costs for the value of the lands, easements, rights -of -way, and suitable borrow and dredged or excavated material disposal areas that the Non - Federal Sponsor must provide pursuant to Article III of this Agreement, and for the value of the relocations that the Non - Federal Sponsor must perform or for which it must ensure performance pursuant to Article III of this Agreement. However, the Non - Federal Sponsor shall not receive credit for the value of any lands, easements, rights -of -way, relocations, or borrow and dredged or excavated X5 I material disposal areas that have been provided previously as an item of cooperation for another Federal project. The Non - Federal Sponsor also shall not receive credit for the value of lands, easements, rights -of -way, relocations, or borrow and dredged or excavated material disposal areas to the extent that such items are provided using Federal funds unless the Federal granting agency verifies in writing that such credit is expressly authorized by statute. Furthermore, the Non - Federal Sponsor shall not receive credit for the value of lands, easements, or rights -of -way that are part of the tract of land on which the facility or structure to be protected is located, if such tract of land was owned by either the Non - Federal Sponsor or the owner of such facility or structure on the effective date of this Agreement. B. For the sole purpose of affording credit in accordance with this Agreement, the value of lands, easements, and rights - of -way, including those necessary for relocations, borrow materials, and dredged or excavated material disposal, shall be the fair market value of the real property interests, plus certain incidental costs of acquiring those interests, as determined in accordance with the provisions of this paragraph. 1. Date of Valuation The fair market value of lands, easements, or rights -of -way owned by the Non - Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non - Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or rights -of -way acquired by the Non - Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure Except as provided in paragraph B.3. of this Article, the fair market value of lands, easements, or rights -of -way shall be determined in accordance with paragraph B.2.a. of this Article, unless thereafter a different amount is determined to represent fair market value in accordance with paragraph B.2.b. of this Article. a. The Non - Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non - Federal Sponsor and the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non - Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non - Federal Sponsor's appraisal, the Non - Federal Sponsor may obtain a second appraisal, and the fair market value 0 shall be the amount set forth in the Non - Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non - Federal Sponsor's second appraisal, or the Non - Federal Sponsor chooses not to obtain a second appraisal, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non - Federal Sponsor. In the event the Non - Federal Sponsor does not approve the Government's appraisal, the Government; after consultation with the Non - Federal Sponsor, shall consider the Government's and the Non - Federal Sponsor's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non - Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph B.2.a. of this Article, the Government, at the request of the Non - Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non - Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph B.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non - Federal Sponsor, but no less than the amount determined pursuant to paragraph B.2.a. of this Article. 3. Eminent Domain Valuation Procedure For lands, easements, or rights -of -way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non - Federal Sponsor shall, prior to instituting such proceedings, submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on, the appraisal within such 60- day period, the Non - Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60 -day period, the Government and the Non - Federal Sponsor shall consult in good faith to promptly resolve the issues or 10 areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non - Federal Sponsor agree as to an appropriate amount, then the Non - Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation, the Government and the Non - Federal Sponsor cannot agree as to an appropriate amount, then the Non - Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. C. For lands, easements, or rights -of -way acquired by eminent domain proceedings instituted in accordance with sub - paragraph B.3. of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for the construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs For lands, easements, or rights - of -way acquired by the Non - Federal Sponsor within a five -year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. Such incidental costs shall include, but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, and mapping costs, as well as the actual amounts expended for payment of any Public Law 91 -646 relocation assistance benefits provided in accordance with Article III.E. of this Agreement. C. After consultation with the Non - Federal Sponsor, the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Minnesota would apply under similar conditions 11 of geography - and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation, but shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. D. The value of the improvements made to lands, easements, and rights -of -way for the proper disposal of dredged or excavated material shall be the costs of the improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. ARTICLE V - PROJECT COORDINATION TEAM A. To provide for consistent and effective communication, the Non - Federal Sponsor and the Government, not later than 30 days after the effective date of this Agreement, shall appoint named representatives to a Project Coordination Team. Thereafter, the Project Coordination Team shall meet regularly until the end of the period of construction. The Government's Project Manager and a counterpart named by the Non - Federal Sponsor shall co -chair the Project Coordination Team. B. The Government's Project Manager and the Non - Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of construction, the Project Coordination Team shall generally oversee the Project, including issues related to design; plans and specifications; scheduling; real property and relocation requirements; real property acquisition; contract awards and modifications; contract costs; the Government's cost projections; final inspection of the entire 12 Project or functional portions of the Project; preparation of the proposed OMRR &R Manual; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, replacement, and rehabilitation of the Project; and other related matters. D. The Project Coordination Team may make recommendations that it deems warranted to the District Engineer on matters that the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for construction of the Project, has the discretion to accept, reject, or modify the Project Coordination Team's recommendations. E. The costs of participation in the Project Coordination Team shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. ARTICLE VI - METHOD OF PAYMENT A. The Government shall maintain current records of contributions provided by the parties and current projections of total project costs and costs due to betterments. At least quarterly, the Government shall provide the Non - Federal Sponsor with a report setting forth all contributions provided to date and the current projections of total project costs, of total costs due to betterments, of the components of total project costs, of each party's share of total project costs, of the Non - Federal Sponsor's total cash contributions required in accordance with Articles II.C., II.E., and II.F. of this Agreement, and of the non - Federal proportionate share. On the effective date of this Agreement, total project costs are projected to be $234,000, and the Non - Federal Sponsor's cash contribution required under Article II.E. of this Agreement is projected to be $82,000. Such amounts are estimates subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non - Federal Sponsor. B. The Non - Federal Sponsor shall provide the cash contribution required under Articles II.E.l. and II.E.3. of this Agreement in accordance with the following provisions: Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first construction contract, the Government shall notify the Non - Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non - Federal Sponsor to meet its projected cash contribution under Articles II.E.1. and II.E.3. of this Agreement. Not later than such scheduled date, the Non - Federal Sponsor shall provide the Government with the full amount of the 13 required funds by delivering a check payable to "FAO, USAED, ST. PAUL DISTRICT" to the District Engineer. The Government shall draw from the funds provided by the Non - Federal Sponsor such sums as the Government deems necessary to cover: (a) the non - Federal proportionate share of financial obligations for construction incurred prior to the commencement of the period of construction; and (b) the non - Federal proportionate share of financial obligations for construction as they are incurred during the period of construction. In the event the Government determines that the Non - Federal Sponsor must provide additional funds to meet the Non - Federal Sponsor's cash contribution, the Government shall notify the Non - Federal Sponsor in writing of the additional funds required. Within 60 calendar days thereafter, the Non - Federal Sponsor shall provide the Government with a check for the full amount of the additional required funds. C. In advance of the Government incurring any financial obligation associated with additional work under Article II.C. or II.F. of this Agreement, the Non - Federal Sponsor shall provide the Government with the full amount of the funds required to pay for such additional work by delivering a check payable to "FAO, USAED, ST. PAUL DISTRICT to the District Engineer. The Government shall draw from the funds provided by the Non - Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. In the event the Government determines that the Non - Federal Sponsor must provide additional funds to meet its cash contribution, the Government shall notify the Non - Federal Sponsor in writing of the additional funds required. Within 30 calendar days thereafter, the Non - Federal Sponsor shall provide the Government with a check for the full amount of the additional required funds. D. Upon completion of the Project or termination of this Agreement, and upon resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non - Federal Sponsor with the results of the final accounting. The final accounting shall determine total project costs, each party's contribution provided thereto, and each party's required share thereof. The final accounting also shall determine costs due to betterments and the Non - Federal Sponsor's cash contribution provided pursuant to Article II.C. of this Agreement. 1. In the event the final accounting shows that the total contribution provided by the Non - Federal Sponsor is less than its required share of total project costs plus costs due to any betterments provided in accordance with Article II.C. of this Agreement, the Non - Federal Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the 14 I Non - Federal Sponsor's required share of total project costs plus costs due to any betterments provided in accordance with Article II.C. of this Agreement. 2. In the event the final accounting shows that the total contribution provided by the Non - Federal Sponsor exceeds its required share of total project costs plus costs due to any betterments provided in accordance with Article II.C. of this Agreement, the Government shall, subject to the availability of funds and to Article XIX of this Agreement, refund the excess to the Non - Federal Sponsor no later than 90 calendar days after the final accounting is complete; however, the Non - Federal Sponsor shall not be entitled to any refund of the 5 percent cash contribution required pursuant to Article II.E.l. of this Agreement. In the event existing funds are not available to refund the excess to the Non - Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non - binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND REHABILITATION (OMRR &R) A. Upon notification in accordance with Article II.D. of this Agreement and for so long as the Project remains authorized, the Non - Federal Sponsor shall operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project, at no cost to the Government, in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the OMRR &R Manual and any subsequent amendments thereto. B. The Non - Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non - Federal Sponsor owns or controls for access to the Project for the purpose of inspection and, if 15 necessary, for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. If an inspection shows that the Non - Federal Sponsor for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non- performance to the Non - Federal Sponsor. If, after 30 calendar days from receipt of notice, the Non - Federal Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the Non - Federal Sponsor owns or controls for access to the Project for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. No completion, operation, maintenance, repair, replacement, or rehabilitation by the Government shall operate to relieve the Non - Federal Sponsor of responsibility to meet the Non- Federal Sponsor's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX - INDEMNIFICATION The Non - Federal Sponsor shall hold and save the Government free from all damages arising from the construction, operation, maintenance, repair, replacement, and rehabilitation of the Project and any Project - related betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non - Federal Sponsor shall develop procedures for keeping books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures . shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non - Federal Sponsor shall maintain such books, records, documents, and other evidence in accordance with these procedures and for a minimum of three years after the period of construction and resolution of all relevant claims arising therefrom. To the extent permitted under applicable Federal laws.and regulations, the Government and the Non - Federal Sponsor shall each allow the other to inspect such books, documents, records, and other evidence. B. Pursuant to 32 C.F.R. Section 33.26, the Non - Federal Sponsor is responsible for complying with the Single Audit Act of 1984, 31 U.S.C. Sections 7501 -7507, as implemented by Office of Management and Budget (OMB) Circular No. A -133 and Department of 16 Defense Directive 7600.10. Upon request of the Non - Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non - Federal Sponsor and independent auditors any information necessary to enable an audit of the Non - Federal Sponsor's activities under this Agreement. The costs of any non- Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A -87 and A -133, and such costs as are allocated to the Project shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in addition to any audit that the Non - Federal Sponsor is required to conduct under the Single Audit Act. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A -87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. ARTICLE XI - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non - Federal Sponsor and the Government agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964, Public Law 88 -352 (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto, as well as Army Regulations 600 -7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army ". ARTICLE XII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non - Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights such other party may have to seek relief or redress against such contractor either pursuant to any cause of action that such other party may have or for violation of any law. ARTICLE XIII - OFFICIALS NOT TO BENEFIT 17 No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE XIV TERMINATION OR SUSPENSION A. If at any time the Non - Federal Sponsor fails to fulfill its obligations under Article II.C., II.E., II.F., VI, or XVIII.C. of this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non - Federal interests in connection with the Project. B. If the Government fails to receive annual appropriations in amounts sufficient to meet Project expenditures for the then - current or upcoming fiscal year, the Government, shall so notify the Non - Federal Sponsor in writing, and 60 calendar days thereafter either party may elect without penalty to terminate this Agreement or to suspend future performance under this Agreement. In the event that either party elects to suspend future performance under this Agreement pursuant to this paragraph, such suspension shall remain in effect until such time as the Government receives sufficient appropriations or until either the Government or the Non - Federal Sponsor elects to terminate this Agreement, whichever occurs first. C. In the event that either party elects to terminate this Agreement pursuant to this Article or Article XV of this Agreement, both parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with Article VI.D. of this Agreement. D. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article XV of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 -week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 -month period if the period of delinquency exceeds 3 months. ARTICLE XV - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer, the Non - Federal Sponsor shall perform, or cause to be performed, any investigations for hazardous substances that the Government or the Non - Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter "CERCLA "), 42 U.S.C. Sections 9601 -9675, that may exist in, on, or under lands, easements, and rights -of -way that the Government determines, pursuant to Article III of this Agreement, to be required for the construction, operation, and maintenance of the Project. However, for lands that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non - Federal Sponsor with prior specific written direction, in which case the Non - Federal Sponsor shall perform such investigations in accordance with such written direction. All actual costs incurred by the Non - Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and cost shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights -of -way that the Government determines, pursuant to Article III of this Agreement, to be required for the construction, operation, and maintenance of the Project, the Non - Federal Sponsor and the Government, in addition to providing any other notice required by applicable law, shall provide prompt written notice to each other, and the Non - Federal Sponsor shall not proceed with the acquisition of the real property interests until both parties agree that the Non - Federal Sponsor should proceed. C. The Government and the Non - Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction, whether to continue with work on the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights - of -way that the Government determines, pursuant to Article III of this Agreement, to be required for the construction, operation, and maintenance of the Project. Should the Government and the Non - Federal Sponsor determine to initiate or continue with construction after considering any liability that may arise under CERCLA, the Non - Federal Sponsor shall be responsible, as between the Government and the Non - Federal Sponsor, for the costs of clean -up and response, to include the costs of any studies and investigations necessary to determine an appropriate response to 19 the contamination. Such costs shall not be considered a part of total project costs. In the event the Non - Federal Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Non - Federal Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may, in its sole discretion, either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The Non - Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non - Federal Sponsor, the Non - Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Non - Federal Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XVI - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or by telegram or mailed by first - class, registered, or certified mail, as follows: If to the Non - Federal Sponsor: Mr. Bruce Loney Public Works Director 129 Holmes Street South Shakopee, Minnesota 55379 -1351 If to the Government: District Commander St. Paul District, Corps of Engineers 190 Fifth Street East St. Paul, Minnesota 55101 -1638 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made 20 pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 21 ARTICLE XVIII - HISTORIC PRESERVATION A. The costs of identification, survey and evaluation of historic properties shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. B. As specified in Section 7(a) of Public Law 93 -291 (16 U.S.C. Section 469c(a)), the costs of mitigation and data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs, up to the statutory limit of one percent of the total amount the Government is authorized to expend for the Project. C. The Government shall not incur costs for mitigation and data recovery that exceed the statutory one percent limit specified in paragraph B. of this Article unless and until the Assistant Secretary of the Army (Civil Works) has waived that limit in accordance with Section 208(3) of Public Law 96 -515 (16 U.S.C. Section 469c- 2(3)). Any costs of mitigation and data recovery that exceed the one percent limit shall not be included in total project costs but shall be cost shared between the Non - Federal Sponsor and the Government consistent with the minimum non - Federal cost sharing requirements for the underlying flood control purpose, as follows: 35 percent borne by the Non - Federal Sponsor, and 65 percent borne by the Government. ARTICLE XIX - LIMITATION ON GOVERNMENT COSTS The Government's financial participation in limited to $1,000,000. Notwithstanding any other this Agreement, the Non - Federal Sponsor shall be all costs in excess of this amount. the Project is provision of responsible for 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. THE DEPARTMENT OF THE ARMY THE CITY OF SHAKOPEE BY: BY: Kenneth S. Kasprisin Mr. Jon Brekke Colonel, Corps of Engineers Mayor District Engineer Shakopee, Minnesota DATE: DATE: I Mr. Mark McNeill City Administrator Shakopee, Minnesota DATE: Ms. Judith Cox City Clerk Shakopee, Minnesota DATE: 23 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the City of Shakopee, Minnesota, that the City of Shakopee is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Shakopee in connection with the Shakopee Emergency Bank Protection, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 91 -611 (42 U.S.C. Section 1962d -5b), and that the persons who have executed this Agreement on behalf of the City of Shakopee have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of , 2001. James J. Thomson City Attorney 24 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such- failure. 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'� � S \,, 1• •.� �7AY X10 BR i It f ' I ; � � 1 i � 1 � �� '• 1 f t , +• � � 1 1 1, t 1_ _ I , 1 ' l l r d 1 I 1 1 W 1 W 1 1 1 \ 1 1 VZ ul N < -C 9 t �i, sal r <c < +��o I I I , 1 I 1 1 •y /r /`' ,,,;� `•x,11) d , ' N - SIO lflyd '1S NNIW • lf1Vd '1S d0 1N3Wlddd3a ° nr ff W Q pQ< y S W W _rw i {oyy y Q l W Z =W J Z ZiiE<I y • ZR Z �� 0�••W �w , �y1tN ft.n N WW <yq121< -gJ ,<�O O Y W Z Z < J CL O w O f m d 1 v d M d N d 'S. C. 3, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 2000 Reconstruction Project Sidewalk Analysis DATE: March 6, 2001 . At the February 20, 2000 City Council meeting in conjunction with the approval of plans and specifications for the 2000 Reconstruction Project Number 2000 -4, City Council also directed staff to prepare a sidewalk analysis for this project area. This memo addresses the sidewalk concerns by the City Council at that meeting. The 2000 reconstruction project began by ordering a preparation of a feasibility report on November 3, 1999. Feasibility report was completed on February 15, 2000 and accepted by the City Council. A public hearing was held on March 21, 2000 for this project. Included with this feasibility report is the narrative on sidewalks and bike trails in this project area. It states that no sidewalks are proposed, however, a bike trail from Riverview Park to 6 th Avenue is proposed if alternative number 2 was selected for Harrison Street to serve as a maintenance access /emergency vehicle access as well as a bike trail for that portion of Harrison Street that was to be vacated. In the sidewalk analysis done for the 2000 reconstruction project, the following conclusions were made: 1. The Adams Street sidewalks from 6 th Avenue to 3 rd Avenue in the 1991 Adams Street Project were eliminated from that project. 2. 3 rd Avenue is currently 24 feet wide and will be 40 feet wide after reconstruction. 3. No sidewalks were proposed in the feasibility report for this project area nor were any requested by any property owner. 4. 3 rd Avenue is not a designated collector street, and has less than 1,000 cars per day as measured in 1999. 5. Most of the property in this project area is zoned commercial or industrial, a small percentage of land as residential. 6. Cost of the concrete sidewalk along 3 rd Avenue from Shumway Street to Harrison Street is estimated to be $65,000 and would be a city cost since it was not included at the public hearing. 2000 -4 Sidewalk memo.doc 7. Cost of the bituminous trail along Harrison Street from 6 th Avenue to Riverview Park is estimated to be $14,000 and would be a city cost. 8. The public has not been informed of this possible improvement change adjacent to their property. Staff has included a copy of the existing sidewalks and trails in this area and a drawing showing staff's analysis of sidewalks and trails in this area as well. If council wishes to install a sidewalk in this area, a sidewalk could be constructed along the north side of 3 rd Avenue from Shumway to the Rahr main truck entrance then a mid -block crosswalk to the south side with the sidewalk to Harrison Street. Also a bituminous trail along the east side of Harrison Street could be constructed from 6 th Avenue to Riverview Park. In the final analysis after reviewing the conclusions from this project area no sidewalks were initially proposed as this area is mainly commercial and industrial zoned. Also 3 rd Avenue is not designated a collector and there was no request made by any property owner for sidewalks at either the information meeting or the Public Hearing for this project. Staff did not find any sidewalks recommended as school route from the Community Development Department as well. One other point should be made with the sidewalk since it was not included in the Public Hearing, if City Council wishes to add this as part of the improvement project, it would need to pay 100% of this cost. The estimated cost of constructing a sidewalk from Shumway Street to Harrison Street along 3 rd Avenue is estimated to be $65,000.00. A bituminous trail could be added along Harrison Street at this time or in the future from 6 th Avenue to Riverview Park and may require additional right -of -way or temporary easements to construct the trail against near adjacent private property. ALTERNATIVES: 1. Direct staff to include a concrete sidewalk along 3 rd Avenue to Shumway Street to Harrison Street in the plans for Project No. 2000 -4. 2. Direct staff not to install a sidewalk along 3 rd Avenue from Shumway Street to Harrison Street. 3. Direct staff to include a bituminous trail along Harrison Street from 6 th Avenue to Riverview Parkin the plans for Project No. 2000 -4. 4. Direct staff not to install a bituminous trail along Harrison Street from 6 th Avenue to Riverview Park. 5. Table for additional information from staff. 2000 -4 Sidewalk memo.doc Staff s previous recommendation was not to install or include any sidewalks or trails in this project area except along the portion of Harrison Street proposed to be vacated and to be installed as a maintenance access and emergency vehicle access as well as a trail to Riverview Park. Reviewing the conclusions of the analysis the amount of residents in this area is quite low and the amount of traffic is less than 1000 vehicles per day and does not seem to justify a sidewalk along 3 rd Avenue. The bituminous trail connection from 6 th Avenue to Riverview Park seems to be appropriate since 6 Avenue which is old Trunk Highway 300 may be reconstructed someday to have a trail and sidewalk along this route to connect up with 6 Avenue sidewalks as exist in the eastern part of town. Staff is looking for council direction on how they wish to proceed on this issue. Action requested would be to direct staff to install or not install a sidewalk along 3 rd Avenue from Shumway Street to Harrison Street or direct staff to install a trail from 6th Avenue to Riverview Park along Harrison Street. Direct staff to include a sidewalk or trail in this project area, as council seems appropriate. V ,. B ruce Loney Public Works Director 2000 -4 Sidewalk memo.doc \X 1V Er 02 105 .'`I � 0 "1 o o ttt � O I--1 It r y �d\z a��� o C� i 0 09 y� x d 4W 0'b0 <a ppi312 " ' ', 1 0013 \ " _ 1 p013i "� �' 321 ° 0012 Q p013 \3 ay 00 2 0 g a y N r O i � ll, " O O CA V a dZx r y � o O m 2000 RECONSTRUCTION PROJECT REVISIONS I hereby certify that this pie, prepared by ha I under m -p onal En ° tha ar l u a° he of Prfee.s gin n .er t l I.- gist the DESIGNED BY: SAS DATE: FEBRUARY 2001 Z O SHAKO P EE CITY PROD. POSSIBLE NO. 2000 -4 WALK LOCATIONS 5 ta" °` "` " "`s°`° DRAWN BY: SAS ❑TY PROJECT N0: 2000 -4 BRUCE A LONEY 77590 Dote Reg. No. CHECKED BY: eu SHEET: I OF t QOND&U WOMESO4MI857 m CHAPARRAL x m J Tq AVE, � - 2 o , 10 �// ` PT o \ o m \' u o \O / F o i W ,S POLK ST. a a of TYLER ST, // z HARRISO l,� ST, �9� NN �� < CI 6, VAN BUREN ST. ,_> ��, ��`� • ' _ \ - ' 6 - ''),_ �I d`, : JACKS ❑N��1 X 4,3 , ., �, a � CT, s M ❑NR ❑E l�� \- �� S a MADISON I ®�� � 0° g JEFFERSON UINCY I CY ST, I�imssik II C ADAMS � � IQUIN ���� 1111 � '� \\\ I D a m Il WEBSTER ST' V r do` W N ,O ■ SZ, 0 , JI �� ii 2 m S T, MARK' SST, o Abd JA S ST A CLAY r 1 ,- c�a X LJ Y � z P i _ , z I PIERCE ST, �, D y N - IV HARVEST �� F] SHUMWAY Nr ( L N, g v:* I J: ST. SHUMWAY APGAR ST. APGAR a 1 ST. APPLEGATE LN. TT � t 1 1 - .d W TNEY ST. i 9Z 1 � l A�- 1 ��� o o n _ HOLME - ■ � ti*lattt . I. o -o � � �� � �i I --cc � pi I * S❑MMERIVILLE I_ ® ®n� �� ! p 1-%J, 9 7C . �1 � A , Ems � SPENCE : - ° ■ 0 ��� 'r ay. A. H. N0. M I N NQ •• I OTe MAIN ®a® MONARCH - ; . 1 V rT 1� o HOMESTEAD : C T IERS fL E - . ■ r� I lir- " r MARK C L OVE' ,,-,' MI 11111 + *0 ~ tit- CT. `rI 1 L DAKOTA ® _ � 1. i � m I AKOTA ST 1 sF • PRAIRIE) r'1 PRA ❑1�❑ Z r PRAIRIS ST. UMKt v o � � 'd ST, IU�y NA �� �m SA :Atif 6� a MD n �dWbp9 N° MKEAG ST. m W Q SHAWMUT �b y / Ar r F\-) m �eI ❑N ST. i [A)– ,��— l r /\ SHAWNEE W / TR. z RAMSEY 'T. < IRAMSEY II ST. I ��a ROUNDHOUSE z 2000 RECONSTRUCTION PROJECT DATE: SEPTEMBER 2000 CITY PROJECT 2000 -4 o SHAK®PIEIE EXISTING SIDEWALKS AND TRAILS DRAWN BY: SAS PROJECT N0 00S6lIDYP@BffiiE81m7 SHEET t OF I i Ji Memorandum O: Mayor & City Council Mark McNeill, City Administrator FROM: Tom Pitschneider, Fire Inspector SUBJECT: Shakopee Public Schools Request for Fire Code Variance DATE: March 5, 2001 1 1 ,% 7 M , y 4 QT; IV { I t o I Shakopee Public Schools is requesting a variance from the Minnesota Uniform Fire Code for a security gate issue at the Shakopee Jr. High School. Requests for variances to the Minnesota Uniform Fire Code must be processed by the State Fire Marshal's office. The State Fire Marshal has specific requirements, which the variance process must follow. One of those requirements is that a local governing body must endorse, deny, modify or defer the matter to the State Fire Marshal. In any case the State Fire Marshal has the final decision on the variance. Shakopee Public Schools is requesting a variance for a security gate at the Jr. High School that is used to secure areas west of the pool and gymnasium portion of the building. This gate is only used during non - school hours for evening community activities. When the gate is closed it creates a dead -end corridor approximately 80 -feet in length, which serves restrooms and an elevator to the second level of the building. The fire code does not allow dead -end corridors in excess of 20 -feet. When the building was originally constructed in 1976 the security gate placement was allowed. Requiring the gate to be moved at this time would mean loss of security or structural modification in order to meet current code requirements. 1. Endorse the request by Shakopee Public Schools for a variance to the Minnesota Uniform Fire Code for the security gate at the Shakopee Jr. High School. 2. Deny the request by Shakopee Public Schools for a variance to the Minnesota Uniform Fire Code for the security gate at the Shakopee Jr. High School. HT99113ITTIMI 1• Staff recommends Alternative #1. 1; 1. Move to endorse the request by Shakopee Public Schools for a variance to the Minnesota Uniform Fire Code for the security gate at the Shakopee Jr. High School. PUBLIC SCHOOLS February 19, 2001 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear City of Shakopee, Shakopee School Board Anne Tuttle, Chair Todd Anderson, Vice Chair Steve Schneider, Clerk Mary Romansky, Treasurer Kathy Busch, Director Jessica Geis, Director Andrew Unseth, Director Superintendent: Jon McBroom Director of Business Services: Robert N. Martin Human Resources Manager: Shaleen Roth Shakopee Public Schools requests a variance to the fire code noted in an order issued by the State Fire Marshal in regard to a security gate at Shakopee Jr. High School at 1137 Marschall Road in Shakopee. The school district has made a significant effort to be in compliance with the fire code and requirements for safety of individuals within its buildings. We are able to meet required corrections in the time allotted by the Fire Marshal, except in use of the security gate. It was suggested we apply for a variance as this gate met code at the time it was constructed. The gate in question is situated at the east end of the building where we have significant evening activity for the community and the need to separate the pool/gym area from the remaining portion of the building. This gate is beyond the present 20 -foot limit of a dead -end hallway, however, we believe that it is a limited safety concern as we meet the other code requirements for this space, including it is sprinkled and there is more than one exit from the area. Additionally, this security gate is only closed outside the regular school day, when we are mainly using only the east portion of the building. The gate allows for the prevention of people wandering throughout the rest of the building and creating problems. At the time of construction in 1976 the gate placement was allowed; to move it now would be a significant financial hardship because of the structural features of the building that would have to be modified or moved including elevator and restrooms that serve the areas in question. Because of the layout of the building, there is no other reasonable way to secure the other areas the building. We believe that even with the gate closed, that we have met safety concerns for people that will be in the building. We ask that you review the information that we are providing, including a map of the area affected, and consider the issuance of a variance for this particular gate. I can be reached at my office at 952 -496 -5005, to provide any further information that is needed to consider our request. Respectfully, Jon McBroom Superintendent of Schools 505 South Holmes • Shakopee, MN 55379 (952)496 -5000 • fax: (952)445 -8446 TTY: (952)496 -5029 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION AN EQUAL OPPORTUNITY EMPLOYER . O � . t .:.� : � '��_ �_ CITY OF SHAKOPEE Police Department A1fPmnrnndum Honorable Mayor and City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police Wikak New Police Facility February 28, 2001 [��W � The City Council is asked to direct appropriate City staff to enter into a contract with BKV to provide design, construction, inspection and other related architectural services for the new Shakopee Police facility. The City Council approved the construction of a new community police facility in the year 2003. The planning for the project should begin soon if the project is to remain on schedule. At City Council meeting on February 06, 2001, the Council directed staff to ascertain the possibility of negotiating with BKV, a reduction in the architectural fees, since Council recently approved a contract with BKV to provide the architectural services for the library. The City Administrator met with the BKV representative and it appears that they are interested in negotiating an amount of eight percent (8 %), of the project's construction cost. Typically, the fee for this service is nine percent (9 %). David Kroos of BKV feels that a potentially larger savings might be realized if the two projects (library and police facility) can be bid simultaneously. This might attract larger construction companies, and there may be some cost efficiencies realized. City Administrator Mark McNeill has been working with Senator Claire Robling and Representative Mark Buesgens to possibly get special legislation passed to make these two projects exempt from sales tan on construction materials. Between the two projects, that could save approximately as much as $150,000. On February 22 City staff toured four Police Department's that BKV designed. Those Police Department's were Golden Valley, St. Louis Park, Brooklyn Center and Coon Rapids. Overall, the staff was very impressed with most of the facilities and found BKV's work to be satisfactory and acceptable. New Police Facility February 28, 2001 Architectural fees are approximately eight percent (8 %), (negotiated reduction), of a project's construction budget. The Police Department facility budget is anticipated to be approximately three million dollars. The funding for these design services will come from the building fund, and not the general fund. MMM 1 YIIIW The Council should, if they concur, by motion, authorize the appropriate City staff to enter into a contract with BKV to provide design, construction, inspection, and other related architectural services for the new Shakopee Police facility. WOM New Police Facility 2 February 28, 2001 is, rj,,,3 City of Shakopee Memorandum From Date: Subject: Introduction Honorable Mayor, City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police � I February 21, 2001 COPS MORE 2001 Technology Grant Application The Police Department is seeking authorization to make application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) for a COPS MORE 2001 technology grant award. Background The mobile data terminals (MDT) leased from Scott County are scheduled to be replaced by mobile computer terminals (MCT) in 2002. The current cost of leasing MDTs is $15,980 annually. The exact annual cost of leasing a MCT is unknown. The COPS Office has allocated funds to be used for the purchase of technology. The purpose of the funds is the re- deployment of police officers to community policing activities. The funds available through this grant opportunity can be used to purchase MCTs. The Police Department's vision of this opportunity is to use the grant funds to purchase a laptop computer for every officer. The MCT would be compatible with the existing computer aided dispatch (CAD) system provided by the Scott County Sheriffs Department Communication Division. The transition to MCT technology will allow the officer to sever the last physical tie to the police station. The interactive and connective capabilities of the technology will create a similar environment for the officers in the community. Budget Impact The estimated cost of 30 laptop computers and software would be approximately $80,000. The COPS More 2001 grant awards require a 25% local dollar match or $20,000. These funds were not budgeted for in the 2001 Police Department Budget. The COPS More 2001 grants require a 12 -month timeline that could put a majority of the project to be completed in 2002. The Council may want to consider a budget amendment if the cash match is required in 2001, should we be awarded the grant. Action Requested If Council concurs, they should, by motion, authorize the appropriate City staff to make application to the U.S. Department of Justice, COPS Office for a COPS More 2001 Technology grant. WANI"M .. ON TO: FROM: SUBJECT: DATE: Mayor and City Council Mark McNeill, City Administrator Police Technology Grant Funding March 1, 2001 I've conferred with both Finance Director Voxland, and Deputy Chief Poole about the source of the City's $20,000 match. According to Deputy Chief Poole, we will be able to eliminate nearly $16,000 in lease costs of the Mobile Data Terminals (MDT's), if we are successful in obtaining this grant. Assuming a three -year life expectancy of the mobile terminals, the savings would be more than twice the cost of the initial match. However, that savings would not be seen until 2002. According to Mr. Voxland, the FY 2001 budget did not anticipate $20,000 for this match. However, it appears cost effective in the long term to, if necessary, take this match out of reserves through a budget amendment later in the year (after we have a better idea of what is going to be available through out the rest of the general fund budget). There is $40,000 available in Council contingency at this time, but we do not recommend using that now, considering the amount of time remaining in the year. In addition, we have had much larger energy bills as a result of increases in natural gas, which will cause that line item to be significantly overspent. Therefore, the recommendation would be to have funding for this from a budget amendment later in the year. If you are agreeable to this, this can stay as a "Consent" agenda item. W N Mark McNeill City Administrator WOUTM is. DA, 0 A 4j, A 00" , , M" TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License Walgreen Co. DATE: March 5, 2001 INTRODUCTION: City Council is asked to consider the application for a tobacco license for Walgreen Co. dba Walgreen #06489. :: a •lihl�3i Application has been made by Walgreen Co. dba Walgreens #06489, to sell tobacco at their new store at 1291 Tasha Boulevard. For training purposes, Walgreens has advised that they plan on using the training material provided by the City from Minnesota ASSIST, Minnesota Department of Health and the American Cancer Society. During the customary background investigation, the Police Department has learned of nothing that would prevent the issuance of the tobacco license. RECOMMENDED ACTION: Approve the application and grant a tobacco license to Walgreen Co. dba Walgreen #06489, 1291 Tasha Boulevard. JSC /js I: Jeanette/licenses /wal.mens t e CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Advertisement for Public Works Maintenance Worker DATE: March 6, 2001 Staff is requesting authorization from Council for the advertisement for the additional Maintenance Worker included in the 2001 Budget, Street Division. included in the 2001 Budget is one additional Public Work's Maintenance worker. Staff is requesting authorization to proceed with the hiring of the additional employee in order to have this employee available for the spring work activities. Typically, the length of time from authorization to advertise to actually hiring of an employee takes six to eight weeks. Staff recommends that staff be authorized to advertise to hire the additional Public Work's Maintenance Worker as included in the 2001 Budget, Street Division. Move to authorize the appropriate City staff to utilize Scott county personnel in the advertising and hiring of a Maintenance Worker for the Public Works Department. Bruce Loney Public Works Department IC /S-. B MY OF SHAKOPEE Aff ------ - TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Setting Date for Liquor Violation Hearings DATE: March 1, 2001 INTRODUCTION: CONSENT City Council is asked to set a date to review the actions of certain liquor licensees. BACKGROUND: The City Code prohibits any person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. Licensees are subject to a fine that may be imposed by the City or by the State of up to $2,000 and revocation or suspension of the license of up to 60 days. Staff is ready to proceed with the setting of a hearing date to consider alcohol violations that occurred during the alcohol sales compliance checks on October 21 and October 22, 2000. (This is a first time violation for all of these licensees, since the City began compliance checks in 1999). ALTERNATIVES: 1. Schedule a hearing for Tuesday, March 20, 2001. (Not sufficient time to give the required notice to the licensees). 2. Schedule a hearing for Tuesday, April 3, 2001. (This is the date of the public hearing on proposed improvements to Sarazin Street and Valley View Road). 3. Schedule a hearing for Tuesday, April 17, 2001. (There may be a need to continue the March 20 public hearing on the CR -83 and CR- 16 to April 17 if there is not sufficient time on March 20 th ) 4. Schedule a hearing for Tuesday, May 1, 2001. 5. Do not hold a hearing. RECOMMENDATION: Alternative 4, schedule hearing for Tuesday, May 1, 2001. RECOMMENDED ACTION: Set a hearing for Tuesday, May 1, 2001, at 7:00 p.m., or thereafter, to review the action of the alcohol licensees: Pizza Huts of the Northwest, Inc., 257 So. Marschall Road Fraternal Order of Eagles #4120, 220 West 2 Avenue Apple American Limited Partnership of Minnesota, dba Applebee's, 1568 Vierling Drive East Rock Spring Restaurant, Inc., 1561 East 1S Avenue American Legion Club Post No. 2, 1266 East 1S Avenue Heyde Hospitality, Inc., dba Arizona's, 1244 Canterbury Road Veterans of Foreign Wars, Post No. 4046, Inc., 1201 East 3r Avenue J d�th S. Cox, C' y Clerk I /Jeanette /Liquor /Violations )3 ) City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Changes to City Code Relating to Refuse Collection MEETING DATE: March 6, 2001 City Council is asked to approve the changes to City Code, Section 3.15. c i i c CONSENT City Council approved the new contract with Dick's/Lakeville Sanitation on November 21, 2000. The new contract included all residents within the urban service area that receive individual curbside pickup, including duplexes, triplexes, townhouses and the like. To be consistent with the new contract, such changes need to be made to the City Code to reflect the addition of the new dwelling units. 1) Adopt Ordinance No. 594, amending the City Code. 2) Do not make the changes to the City Code. 3) Table. Recommended Action Offer Ordinance No. 594, Fourth Series, An Ordinance Amending Section 3.15 of the City Code Pertaining to the Collection of Refuse and Recyclable Materials, and move its adoption. Tracy Coenen Management Assistant HI AN ORDINANCE AMENDING SECTION 3.15 OF THE CITY CODE PERTAINING TO THE COLLECTION OF REFUSE AND RECYCLABLE MATERIALS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Section 3.15, Subdivision 3 of the City Code is amended to read: Subd. 3. By Whom. Within the refuse /recycling service area, the City's contractor shall collect and dispose of refuse yard waste, and recyclable materials from single family dwellings, duplexes, and triplexes and all other residential dwelling units that receive individual curbside pickup of refuse Owners of residential property larger than triplexes that do not receive individual curbside pickup of refuse residential dwelling units located outside the refuse /recycling service area, and all business establishments shall contract with refuse collectors directly and may not receive City collection service. Refuse and recyclable materials shall be collected weekly. In the event that a property is found to be without refuse collection service, that address shall be added to the list of addresses served by the City's contractor, and the service provided and billed for accordingly. Section 2. Section 3.15, Subdivision 9, Paragraph C of the City Code is amended to read: C. An applicant for a license shall make application to the City Clerk through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: 1. A list of the equipment proposed to be used in the collection, including information about the number, type, license number, and capacity of the collection vehicles and equipment to be used in the City of Shakopee. 2. A description of the services to be rendered, including a brief description of recycling service offered. 3. The place or places to which mixed municipal solid waste are to be hauled. 4. A gel detailed description of the applicant's service area. This description �d net must include customer names and addresses number of units for each customer, if applicable, and the types of services provided to each custo r ation Section 3. Effective Date. This ordinance is effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of .3 2001. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum - TO: Mayor and City Council FROM: Mark McNeill, City Administrator 7 SUBJECT: Police Sergeants Contract DATE: February 9, 2001 ff NWITITITKSWi The Council is asked to ratify language changes in the contract between the City, and Minnesota Teamsters Local 320, representing Police Sergeants. The current contract with the Police Sergeants bargaining unit expired December 31, 2000. Representatives of the union and City staff met on three occasions, and have tentatively negotiated the following changes: 1. Court Cancellation— The City agrees to adding the following language to the contract (consistent with the Police Patrol unit): An employee who is scheduled for Court during off -duty time, but subsequently cancelled, shall be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the preceding business day. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 2. Five -dollar increase per unit for incentive pay. Education/Training ($120 per month - $60 per component) Performance ($60 per month) Community Service ($60 per month) Wellness/Fitness ($40 per month) Skill Assessment ($50 per month) 3. Uniform Allowance The current $550 annual payment would increase to $575 for 2001, and $600 for 2002. 4. Step Changes Sergeants Forberg and Robson are currently at Step 4. Because of "pay compression" problems (people who they supervise make nearly the same after figuring in overtime, etc), the City agrees that they will be increased to Step 6 as of January 1, 2001; Step 7 June 1, 2001; and Step 8 June 1, 2002. 5. Vacation Carryover The City agrees to the following language (which will bring this unit into line with vacation language with other City employees): Employees who have 0 -15 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice and except for reasons of ill health, he /she shall forfeit his/her right to accumulated vacation. 6. POST License The City agrees to add the following language: The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers Standards and Training (POST) License every three (3) years, while the Officer is actively employed by the City of Shakopee. 7. Holidays The City agrees to provide one -half day on the day after Thanksgiving as a holiday. Because of the difference between the various length of work shifts, the net effect is that for 11.5 paid holidays, all permanent employees and full -time probationary employees shall be eligible for 92 hours of holiday pay, increased from the current 88 hours of holiday pay. I recommend that the City Council agree to these changes. 1► : 1 1 , 9 111 If the Council concurs, it should, by motion, authorize the appropriate City officials to enter into an a labor agreement with Local 320, Police Sergeants, for the period of time commencing January 1, 2001, and ending December 31, 2002. Mark McNeill City Administrator /S Y. To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Resolution No. 5495, the Creation of an Environmental Advisory Committee Date: February 13, 2000 INTRODUCTION The City Council is asked to adopt Resolution No. 5495, a Resolution adopting the establishment of an Environmental Advisory Committee (EAC). BACKGROUND At its February 20, 2000 City Council Meeting, Council approved of the concept for creating and Environmental Advisory Committee and recommended the appointed five candidates interviewed by the panel. The City Council also directed staff to prepare a list of responsibilities and operating procedures for the Committee. The Environmental Advisory Committee would concern itself with following issues: ❑ Review land use and development proposals; ❑ Develop and recommend policies, ordinances and procedures for the management of natural resources, wildlife habitat and conservation development; ❑ Provide direction for the creation of greenways and protection of cultural and ecological assets within the community; ❑ Provide an community -wide environmental education programs; ❑ Preserve and enhance water conveyances, water quality and wetland habitat; ❑ Preserve and establish a healthy urban forest and COMMITTEE MEMBERSHIP AND TERMS The Environmental Advisory Committee (EAC) shall consist of five members, all of who shall be residents of the City of Shakopee and appointed by the City Council for terms of three years. Terms of initial appointment shall be staggered so as to provide orderly transition for new appointees in the future. Members of the EAC shall serve without compensation and not directly or personally benefit from any recommendations from the Committee. A committee consisting of Councilors Bob Sweeney, Deb Ambundson and City Administrator Mark McNeill recommended the following five individuals for membership on the Environmental Advisory Committee, based on their interest and knowledge in environmental issues. ➢ Charlie Kubler ➢ Russell Kennedy ➢ Steve Menden ➢ Jeff Rienhard ➢ Mary Pennington -Hoyt These names were placed in nomination by the City Council at the February 20, 2001 meeting. MEETING DATE AND TIME The Environmental Advisory Committee shall meet the 2 Wednesday of each month in the City Hall Council Chambers starting at 7:00 p.m. ALTERNATIVES 1. Adopt Resolution No. 5495. A Resolution adopting the establishment of an Environment Advisory Committee (EAC) and include the recommended five individuals for limited membership. 2. Table for additional information from staff. 3. Do not adopt Resolution No. 5495. ACTION REQUESTED Offer Resolution No. 5495. A Resolution adopting the establishment of an Environment Advisory Committee (EAC) and move for its adoption. ` ,/7 Mark 7 McQuilla�6 Natural Resource Director I so I I .I I C 011 F I 1 I• COMMUTTEE FOR 01 OF SHAKOPEE WHEREAS, it is the desire of the City Council to create an Environmental Advisory Committee for the purpose of advising the City in the use and management of its natural resources, and WHEREAS, the preservation and restoration of the environment is an important concern of its residents, and WHEREAS, the Environmental Advisory Committee shall perform its duties and responsibilities at the same peer level as other City Board and Commissions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: 1. An Environmental Advisory Committee is hereby established, composed of five (5) members, to be appointed by the City Council, and to include representatives from the community. 2. Terms on the Committee shall be three (3) years in duration to be calculated from March 1, 2001. Terms of the initial appointments shall be staggered so as to provide orderly transition for future appointees. 3. The following persons are hereby appointed to the Environmental Adviosry Committee for terms of the office as follows: a. Charlie Kubler for a one -year term expiring February 28, 2002. b. Russell Kennedy and Jeff Rienhard for a two -year term expiring February 28, 2003. c. Steve Menden and Mary Pennington -Hoyt for a three -year term expiring February 28, 2004. And, the foregoing shall hold their office until their successors are appointed and qualified as provided by law. 4. Members of the Committee shall serve without compensation and not directly or personally benefit from any recommendations of the Committee. Members shall annually select a Chairperson, Vice Chair and Secretary, at the first meeting in March. A majority shall constitute a quorum for the transaction of business. Where not otherwise stated, the business of the Committee shall be governed by Roberts Rules of Order Newly Revised. 5. The Committee shall have the following Charges: a. Review land use and development proposals. b. Develop an d recommend policies, ordinances and procedures for the management of natural resources, wildlife habitat and conservation development. c. Provide direction for the creation of greenways and protection of cultural and ecological assets within the community. d. Provide community -wide environmental education programs. e. Preserve and enhance water conveyances, water quality, wetlands, woodlands, grasslands, soils and wildlife habitat. f Preserve and establish a healthy urban forest. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk /S S® CI'T'Y OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Study Committee Resignation DATE: March 1, 2001 FRFWTTI1 1 The Council is asked to accept the resignation of Jane DuBois as a member of the Library Study Committee. BACKGROUND: Due to her support for a new library for Shakopee, shortly after Jane DuBois left the City Council, the new City Council appointed her to be one of the members of the Shakopee Library Study Committee. While she was able to be active early in the process, Ms. DuBois' availability has changed so that she can no longer serve on the Committee. She has asked me to relay to you her desire to resign. The availability of this vacancy should be advertised, so that a new person might be appointed to fill the position. C ATIN: I recommend that the resignation of Jane DuBois be accepted with regret, and that staff be directed to advertise the vacancy. Any applications received would then be brought before the City Council for consideration. CTSWW ' +; 1 F If the Council concurs, it should, by motion, accept with regret the resignation of Jane DuBois from membership on the Shakopee Library Study Committee. Further, staff should be directed to advertise the availability of this position to interested members of the community. Mark McNeill City Administrator MM:th is F 6. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Bank Services RFP DATE: March 1, 2001 Introduction The City has received a formal request to consider other banks in town for meeting the need for banking services. Staff was directed to obtain RFPs. Seven RFPs were sent out and five proposals have been received. Background The City has used the bank currently known as Marquette for as far back as staff knows. There has recently been a substantial increase in the number of banks in town. The City has received a request to consider other banks to meet the need for banking services. The City has only one checking and no savings accounts. The services important to the City include processing checks, currency and coin, wire transfers, ACH transactions, reporting and availability of funds. Having more bank accounts would be counter productive for the current operation of the City. Factors looked at include operating hours (lobby and drive up) closing time of the business day, depth of staff, fees, size and financial condition of the bank, location and convenience, internet access, availability of funds, and sweep account process and interest rates. All five institutions responding are considered to be valuable assets to the community and are capable of meeting the needs of the City. It is therefore a question of which one best meets the needs and desires for the city operation. Most of the responses were comparable in most areas. The Finance Director, Ass't. Finance Director and the Management Assistant have reviewed the proposals and site visits were conducted. The single most important factor that impacted the recommendation was that of the close of the business day. All but one of the banks close business for the day at 2:30 to 3:00pm. One closes at 6:00pm. The later close enables the City to get most of the days transactions entered and included in the daily deposit. The deposit is then included in that day's banking business and most of the funds are available the next day. With the earlier close of the banking day, a good portion of the days receipts would not go the bank that day but would sit overnight for the following days deposit. This makes the funds available a day later and the loss of interest earnings over night. The later close time avoids the necessity of a separate trip during the working day to make a deposit. A minor point is that the location is very convenient for two employees to go past on their way home after work. Another minor point is the one time expense of changing accounts for electronic connections, check stock, etc. is not incurred. Recommendation Marquette Bank is recommended primarily based on the later close of the business day. Action Move to accept the proposal of Marquette Bank for banking services. Gregg Voxland Finance Director G: \docs \rfpbank /5 P I ,O �,, TO: /Mayor and City Council Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: City Council Resolution No. 5496, and EDA Resolution No. 2001 -01, modifying Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology) MTG DATE: March 6, 2001 The City Council and EDA are asked to adopt respective resolutions modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11 (Seagate Technology). In February of 1998, the City Council and EDA adopted resolutions approving the Tax Increment Financing Plan for TIF District No. 11. In April of 1998, the City Council and EDA adopted resolutions approving modifications to Sec. Q, "Estimate of Project Costs" of the TIF Plan to reflect the revised categories of tax increment spending. The resolution before you further modifies Sec. Q of the TIF Plan; the modifications reflect changes in costs among categories of TIF spending. This TIF Plan modification does not require a public hearing. The original total amount of tax increment approved by the Council and EDA in 1998, $4,600,000, does not change with the approval of this modification. City Council Offer Resolution No. 5496, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. Economic Development Authority Offer Resolution No. 2001 -01, modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and move its adoption. sgtrsmo5.doc � 1 I 1 1 • f' I I 1 l BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The City and the Economic Development Authority for the City of Shakopee (the "Authority ") approved the creation of Tax Increment Financing District No. 11 ( "TIF District ") and a Tax Increment Financing Plan ( "TIF Plan") for that district, by resolutions approved February 3, 1998 in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act "). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the categories of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan, as described in the Authority's Resolution No. 2001 -01. Section 2. Modification Approved. . 2.01. The Council hereby approves the modification of the TIF Plan in the form described in the Authority's Resolution No. 2001 -01. Approved by the City Council of the City of Shakopee this day , 2001 Mayor ATTEST: City Clerk SJB- 194017vl SH235 -8 rn.r iNo. uy4, as introduce Page 1 of 1 IS. F g, Legislature Home J Search;j Help :[ L6nks.to the World Mi nnes ota Ouse of P e resenxa KEY: �,ei�r = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the displa of stricken and/or underscored language. Authors and Status m List versions I4X No. 894, as introduced: 82nd Legislative Session (2001 -2002) Posted on Feb 15, 2001 1.1 A bill for an act 1.2 relating to horse racing; card clubs; defining terms; 1.3 modifying wagers; amending Minnesota Statutes 2000, 1.4 sections 240.01, subdivision 26, and by adding a 1.5 subdivision; and 240.30, subdivision 8. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2000, section 240.01, 1.8 subdivision 26, is amended to read: 1.9 Subd. 26. [UNBANKED.] " Unbanked" means a wagering system 1.10 or game where the individual participants compete against each 1.11 other and not against the sponsor or house. In an unbanked 1.12 system or game, the sponsor or house may deduct a percentage 1.13 from the accumulated wagers and impose other charges for hosting 1.14 the activity but does not have an interest in the outcome of a 1.15 game. The sponsor or house may add additional prizes, awards, 1.16 or money to any game for promotional purposes. Unbanked names 1.17 do not include those games that involve a player pool 1.18 Sec. 2. Minnesota Statutes 2000, section 240.01, is 1.19 amended by adding a subdivision to read: 1.20 Subd. 27. [PLAYER POOL.] "Player pool" means a wagering 1.21 system or game where wagers lost in a number of card games may 1.22 be accumulated into a pool for purposes of enhancing the total 1.23 amount paid back to players in any other card game In such 1.24 instances, the sponsor or house may only serve as custodian of 1.25 the player pool and may not have an active interest in any card 2.1 game. 2.2 Sec. 3. Minnesota Statutes 2000, section 240.30, 2.3 subdivision 8, is amended to read: 2.4 Subd. 8. [LIMITATIONS.] The commission may not approve any 2.5 plan of operation under subdivision 6 that exceeds any of the 2.6 following limitations: 2.7 (1) the maximum number of tables used for card playing at 2.8 the card club at any one time other than tables used for 2.9 instruction, demonstrations, or tournament play may not exceed 2.10 50; 2.11 (2) 414e e i EI WaEje,- bs a,-4y91 5=e,- � R ai4y ar -d-ffaffiC p 2.12 i4e e c and 2.13 -3}- (2) except for games in which each player is allowed to 2.14 make only one wager or has limited opportunity to change that 2.15 wager, no s 2 wager ip± 2.16 may exceed ;44 60. file: / /C: \WINDOWS \Temporary Internet Files \OLKE2A5\H.F No. 894 as introduced.htm 3/6/01