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11/17/1998
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 17, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding Cub Scout Pack 218 flag ceremony 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Liaison Reports from Councilmembers 5] Mayor's Report 6] 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.) 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of April 28, September 3, September 8, and September 14, 1998 *11] Approve Bills in the Amount of$1,430,498.38 12] Communications: 13] Public Hearings A] 7:00 p.m. hearing on the modification of the Redevelopment Plan and Tax Increment Financing Plans for TIF District Nos. 1, 3, 7, and 9 B] 7:00 p.m. hearing on the proposed assessments for Vierling Drive, Taylor Street and Polk Street, Project No. 1997-1 -Res. No. 5015 TENTATIVE AGENDA November 17, 1998 Page -2- 13] Public Hearings continued C] 7:15 p.m. hearing on the proposed assessments for the Southbridge Parkway Collector Street, Project No. 1997-4 and 1997-4A-Res. No. 5016 D] Bureau of Justice Assistance (BJA)Local Law Enforcement Block Grant-Res. No. 5018 14] Recommendations from Boards and Commissions: *A] Final Plat of Stone Meadow 3rd Addition, located south of Vierling Drive and west of Polk Street extended, Res. No. 5014 *B] Final Plat of HTS Properties First Addition, located north of 7th and east of Market, Res. No. 5013 C] Rezoning Request for property located south of CR-16, north of Shakopee Avenue, west of Austin Circle and east of Roundhouse Circle from Urban Residential (R1B)to Multiple Family(R-3) D] Rezoning Request for property located north of CR-16, east of Sarazin and West of Canterbury Park- Ord. No. 532 E] Comprehensive Stormwater Management Plan F] Park Dedication Fees - Res. No. 5024 15] General Business A] Community Development 1. Storm Drainage Ponds and Fencing *2. Computer Training Agreement *3. Request for Extension of Time to Complete Review and Amendment of Comprehensive Plan-Res. No. 5019 4. Participation in Livable Communities Act During 1999 -Res. No. 5025 *5. Set Public Hearing for Vacation of Easement Requested by Mr. Perry-Res. No. 5022 B] Public Works and Engineering 1. Hiring of Maintenance Workers 2. Engineering Surveying Services for Upper Valley Trail and Marschall Road Sidewalk 3. Flashing Beacons on Marschall Road by Junior High- memo on table 4. Revised Assessments for Sarazin and Roundhouse Streets, 1994-10 -Res. No. 5023 TENTATIVE AGENDA November 17, 1998 Page -3- 15] General Business continued C] Police and Fire *1. Retirement of Two Firefighters -Resolution Nos. 5020 and 5021 *2. Submit Application for Minnesota Auto Theft Prevention Program Grant *3. Self-Contained Breathing Apparatus (SCBA)Air Compressor and Filling Station *4. Authorization to Hire Police Officers *5. Emergency Vehicle Preemption System(EVPS) - Ord. No. 533 D] Parks and Recreation E] General Administration 1. Awarding Bids for the Issuance of$2,375,000 G. O. Improvement Bonds, Series 1998B -Res. No. 5017 2. Sanitary Sewer and Storm Sewer Utility Rates Meeting 16] Other Business 17] Recess for an executive session to discuss labor negotiations 18] Re-convene 19] Adjourn TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting November 17, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: September 3rd, 14th,and October 6, 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn edagenda.doc 7 OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 3, 1998 Mayor Brekke called the meeting to order at 4:00 p.m. with Councilmembers Deb Amundson, Jane DuBois and Bob Sweeney present. Those absent: Cletus Link. Also present were Mark McNeill, City Administrator and Gregg Voxland,Finance Director. Sweeney/DuBois moved to approve the agenda. Motion carried unanimously. Gregg Voxland stated there were two different statutes that the EDA tax can be levied under. One statute is the HRA statute which is levied by the EDA and the other is the EDA statute which is levied by the City. Mayor Brekke noted that the City was much closer to the levy limit because it was taking the EDA approach to levy rather than the HRA. He further noted that the HRA tax was a separate line item and the EDA was a city tax. He stated that there was an advantage on the tax statements to show the items separately because the HRA levy does not apply to the levy limit of the City. Mr. Voxland stated that another distinction is that the EDA levy has broader purposes than the HRA. Mr. Voxland further noted that the HRA levy is for redevelopment housing only. Bob Sweeney questioned whether there was any anticipated expenses in 1999 that are expressly forbidden under the HRA statute and Mr. Voxland replied that he was not aware of any. Mark McNeill stated that the EDA did not need to adopt a resolution today and that if it had questions, it could direct staff to get answers. Sweeney/DuBois moved to direct the EDA staff to find out if there are any 1999 anticipated expenses which would be forbidden under the HRA statute. Mayor Brekke noted that it was the consensus of the EDA that if no forbidden expenditures are found, the EDA would recommend levying under the HRA statute with the matter being included on the next City Council agenda. Motion carried unanimously. There was no other business to come before the EDA. Sweeney/Amundson moved to adjourn to September 14, 1998 at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 4:08 p.m. Respectfully submitted, (.? .01,4- 1, J. $udi S. Cox C. Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION SEPTEMBER 14, 1998 Members Present: Brekke, DuBois, Sweeney, Amundson, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Karen Cole, City Attorney; and Gregg Voxland, Finance Director I. Roll Call President Link called the meeting to order at 7:18 P.M. Roll was taken as noted above. II. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Minutes None IV. Financial A. Approval of Bills DuBois/Sweeney moved to approve bills in the amount of$1,140.40 for the EDA General Fund and $28 for Seagate. Motion carried unanimously. V. Recommendation from Downtown - First Avenue Revitalization Committee Paul Snook explained that the EDA had previously directed staff to develop and bring back a consultant agreement that reflects changes made at the August 18th meeting relating to fundraising training and assistance, and outcomes for the EDA's fmancial commitment. In response to concerns about the EDA paying for fundraising training, the new agreement with Bert Stitt and Associates states that the fundraising fees are payable solely from and to the extent of funds raised by the committee. On the start of the project the EDA will pay $2,400 and the Committee will pay $5,600. The EDA then will pay $1,200 per month and the Committee will pay $2,800 per month for a period of eight months. The total cost to the EDA is $ 12,000; the total cost to the Committee is $28,000. Official Proceedings of the September 14, 1998 Shakopee Economic Development Authority Page -2- Brekke/DuBois moved to enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates (BSA), to be superseded by an agreement between the new nonprofit corporation and BSA, once the corporation is established. Motion carried unanimously. Motion carried unanimously. VI. 1999 Tax Levy and Budget Adoption Resolution Greg Voxland reported that the proposed tax levy for the EDA is $108,570 after reductions for HACA in the amount of $5,379 and no allowance for uncollectables. This is a $7,000 increase over the past two years levy. He said that the EDA could raise the levy to about $158,000 and that Resolution No. 98.6 was prepared with a levy of $75,000 under the EDA levy MSA 469.107 and $33,570 under the HRA levy MSA 469.033. There are also appropriations in the amount of $420,970. The increase over last year is due to the tax payments to ADC from the City and the County. The EDA needs to adopt a proposed maximum levy and budget amount by September 15 for certification to the County Auditor. That levy will be used for the tax notice mailed to property owners. Sweeney/Brekke offered Resolution Number 98-6, A Resolution Setting the Tax Levy for 1998/99 by the Economic Development Authority for the City of Shakopee and Adopting the 1999 Budget, and moved its adoption. Motion carried unanimously. VII. Adjournment DuBois/Amundson moved to adjourn to October 6, 1998. Motion carried unanimously. The meeting was adjourned at 7:35 p.m. illet"° ith S. Cox A Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION OCTOBER 6, 1998 Members Present: Brekke, DuBois, Sweeney, Amundson, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; and R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Gregg Voxland, Finance Director 1. Roll Call President Link called the meeting to order at 8:11 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Amundson/DuBois moved to approve the minutes of August 4 and August 18, 1998. Motion carried unanimously. 4. Financial A. Approval of Bills Sweeney/Amundson moved to approve bills in the amount of$3,327.99 for the E.D.A. General Fund and $65 for Seagate. Motion carried unanimously. 5. Other Business None 6. Adjournment DuBois/Brekke moved to adjourn to October 20, 1998. Motion carried unanimously. The meeting was adjourned at 8:14 p.m. JS. Cox, E.D. . Secretary E •er TenEyck, Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 12, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 project and Seagate for the period 10/30/98 to 11/12/98 . Action Requested Move to approve bills in the amount of $372 .31 for the EDA General Fund, $0 . 00 for the Blocks 3&4 Funds and $104 . 98 for Seagate. H I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o II H 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II 0 I • . . . . wrx I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II U I II U) W CO N H ri H 00 CO CO 0 0 0 co 01 11 II r1 H CO ri M M M 01 01 01 0 0 0 01 N II El II • II H 11 01 01 H N N N N 01 01 01 In If) U) d' N II as 11 H H H N N N N M M M 10 10 10 0 s II A II M M M M H d' 11 II F. COU] 11 03 CO II H000 0 00 co 1 01 H CO 1--1 01 H 1O Cl) 1 cr H 01 H 10 I • W N H IN H f'a > Is- 10 10 10 10 W I 0H00 0 O Eia 1 Zo o0 0 0 acn Cl) w a �] 1-1C H• anPIC ..N Z H 0 W 0 H gEwo CO a A = A w 0 a • aal a E w HpWEI W C) H 0 $ 4 H 0 O 0 O 0 0 0 X A ca H CT) QS O 0 H a `7U � F U a H H 0 w W 3 z w N E CO >I v-1 U) EHiOZU] W U H 0 A z � X � 2 H RI F. U Cd 4 0 E I M M l0 ri H 14:). a. W 1 W ri CO CO CO cr I N N r-1 In H N M O1 O1 d. O1 10 .Y. N 0 CO O 1 0 0 H 0 0 U r- al 0 0 0 0 0 0 U2 0000 0 143 0 0 O 00m Co CO 01 01 co o1 o1 o1 al m a) 01 co 0 H ri H H H H �.-�� (N 0 0 0 0 0 H ���- H F.4 ri r-I r♦ r♦ H H A H H r-1 H H H * * * * * * * * H I1) 0 V. 0 01 01 H Il) 0 In H I!) * r-1 H H W 0 10 W V * 2 0 01 404.0 Z .7 M HN Cl: U)OOH H ) 0 4 H H H *„� 0) H r-I C4 ri Cl) N (((� Cl) � 0 ri N M M 0 H M 0 H M 0 H Ey CJ d' d, d' a' 0 H 0 g H Ix H 0 El 00OH1 H1 coH0H1 W 0 rt. 0 a A Iw a A W n A C4 r1HHH R: a ' g g 10 CI: g 'may 0000 0 0 0) R0.G: O 0 10 0 0 0 HH r01 01 0) 01HHH Wa WEl 0 00 W a, Cc, W C*. 00 * * * al in in in in W r-1 H H - 0 00 * 0 00 El 0 F. 0 * .#5) CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeill, Executive Director SUBJECT: Development Issues Discussion DATE: November 13, 1998 At the last meeting, Commissioner Brekke asked that a discussion of commercial development and redevelopment issues in Shakopee be placed on the agenda. Included in that request was a review of City involvement in the Downtown/First Avenue/Marschall Road areas, and Shakopee Town Square. Staff has been making contacts with Realtors/leasing agents,but are not ready at this time to place this on the agenda for discussion. This will be brought back to you as soon as it is ready. U "^'"' Mark McNeill Executive Director MM:tw EDA2.DOC OFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORK SESSION SHAKOPEE, MINNESOTA APRIL 28, 1998 Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Cletus Link, Jane DuBois and Bob Sweeney present. Those absent: None. Also present was Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director-. Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; Mark McQuillan, Park & Recreation Director; Dan Hughes, Chief of Police; Terry Link, Fire Chief; and Lou Van Hout, SPUC Manager. Amundson/Link moved to approve the agenda. Motion carried unanimously. Mark McNeill introduced Peter Cotton who was to act as facilitator. Mr. Cotton approached the podium and stated that he has a consulting business and a masters degree in public administration. He explained the goal setting session is a four-step procedure as follows: Envisioning where the City will be in 15-20 years; brainstorming for ideas to attain the vision; prioritizing ideas and defining the roles and responsibilities of the mayor, councilmembers, etc. R. Michael Leek reported on Community Development. He stated the department was going through the process of revising the Comp Plan and was also looking at how land is being used in Shakopee. Mr. Leek noted that one obstacle the City had was that the Mdewakanton Sioux tribe held some property in the City limits which would have a big impact on the City depending on the outcome of the current legal issues. Mr. Leek also noted that the Met Council is elected which could also be a challenge because the Council could be very restrictive. Other issues Mr. Leek noted were Scott County decisions which could have an impact on the City as well as transit and environmental issues. Mr. Leek expects the land use in Shakopee will remain diverse and developed within 10-15 years. He noted that Council will need to decide whether it wants to stay within City boundaries or go into the townships. Mr. Leek identified areas which should be kept rural. He further noted that there has been a shift in the type of industrial use. One other area Mr. Leek saw an increased use was the building of townhomes. He also expected redevelopment of older areas. Mr. Leek stated that the Council needed to look at density as the population will increase to 34,000 by 2020. Jane DuBois questioned whether the current zoning would allow older buildings to be torn down and replaced with higher density and Mr. Leek replied probably not at this time and the Council would need to look at that issue. Deb Amundson questioned whether the boom in townhome development was temporary and Mr. Leek replied that the demand for townhomes seemed to be driven by age and stage of life so there was some risk but not as high a risk as in the 1970's. Cletus Link noted that trends do change. Mr. Leek also pointed out that the parks and open spaces were not designated so that the options could be left open. Official Proceedings of the April 28, 1998 Shakopee City Council Page -2- Gregg Voxland stated that the City would have a need for increasing technology. He also noted that the bigger financial picture will be driven by developers. Fire Chief Terry Link stated that in the next two to seven years, he would like to see two never fire stations. He noted that there is land at Tahpah Park and he would also like to see the City acquire land in the Southbridge area. In the future, Chief Link envisioned a fire station out towards Jackson and Louisville townships. He also would like a fire marshall within the next two to three years. In the short term, Chief Link stated the Fire Department's goals were to install opticon lighting and in three to five years, use of a global positioning system which would automatically print out a map of where a fire is located. Lou Van Hout, Shakopee Public Utilities, stated that SPUC intends to be in the City even with the industry changing. He noted that SPUC will have technical needs and would like to better their customer service. SPUC is currently working on the Comp Plan and intends to build another substation and is currently looking at a site. Police Chief Dan Hughes reported the current ratio of senior citizens is 1 in 8, however, when the baby boomers come of age, that figure will drop to 1 in 4. Therefore, the City will have older victims and more medical emergencies. He also noted the population will be more diverse. Chief Hughes stated that there will be a large growth of violent crime between the years of 2005 and 2010. He expected the Police Department to have more civilian employees. Chief Hughes also noted that the Department's technology will need to be updated. In the future, Chief Hughes sees community policing which involves groups of people working together and requires community support. He also would like to start a strategic plan in the next year or two. Chief Link also stated the Department would probably need a new facility. As to the most serious problem the City would be facing in the next five to seven years, Chief Hughes stated it would be youth crime. Mark McNeill stated the Police Department may need more bilingual employees and Chief Hughes agreed noting that there will be some turnover in the department and training will need to be provided for language issues. Mark McQuillan reported on the Park & Recreation Department. He stated the park system will need to be adaptable to change. In the next five to 10ears the emphasis will be on youth activities such as baseball Y and soccer and also include more non-traditional activities which will also affect the adult activities. Mr. McQuillan stated that the special population will require new programs. He noted that the Task Force is looking at a broad spectrum of projects. Mr. McQuillan also Official Proceedings of the April 28, 1998 Shakopee City Council Page -3- noted that the Department's relationship with the school district will be closer as it is possible that a mini-community center could be added on to the school as with other communities. Regarding the Planning Department, R. Michael Leek stated that the City will probably need more planning staff and technology due to probable increased inspections of restaurants, environmental matters, etc. He also stated the staff would need to be more skilled due to the way the City is growing. Bruce Loney reported for the Public Works Department. Mr. Loney envisioned an increased workload. He stated that he had seen a lot of progress in the past several years. Mr. Loney noted that the Engineering Department will need more staff and be more specialized as growth occurs. The Department would also need to upgrade and reorganize as needed. Mr. Loney also stated the Department would need an expanded facility with outside storage. Cletus Link inquired if the vacant lot east of the current facility was still available and Mr. Loney replied that the property was under a purchase agreement. Mr. Loney also stated the Department may be looking at satellite buildings. Bob Sweeney stated that he was hearing the need for substantial increased expenditures but noted that the commercial tax base decreased by approximately 12%. He also stated that bonding is on market value which means that every $100,000 of property would be impacted at the same level. Mr. Sweeney stated the City would not be able to reduce property taxes anymore and will be scrambling just to maintain the current services. He also stated the City would not be able to push a lot of referendums through when there are frequent school referendums. Cletus Link questioned whether the growth would not offset the expenses and Mr. Sweeney replied it would not offset expenses to the current level the City was accustomed to. Judy Cox reported on the City Clerk Department. She noted there will probably be a need to add staff and look at different ways of storing documents. Mark McNeill spoke for Paul Snook regarding the Economic Development Authority since Mr. Snook was unavailable to attend the meeting. Mr. McNeill stated that the EDA needed to be have more input and strategy development and suggested implementing an advisory group similar to the downtown Ad-Hoc group. Mr. McNeill stated that economic development efforts also needed to be more comprehensive and proactive. Regarding the City Administrator's office, Mark McNeill stated that the g on Department is currently year the 2000 issue and other Official Proceedings of the April 28, 1998 Shakopee City Council Page -4- technical areas. He noted there will probably be a need for social services in the future. Mr. McNeill also stated that the tribal issue will have a huge impact. Financially, Mr. McNeill stated that the City will be transitioning residents from the taxes that they are used to and agreed that parks and fire stations are difficult to do by referendum. He suggested earmarking growth revenues to pay for those items. Mayor Brekke stated that he would like to see a more moderate growth rate because it would pay more dividends in the long term. Deb Amundson stated she would also like to maintain the small town atmosphere and see the City take advantage of its riverfront. She also noted her concern regarding the tribal issue Jane DuBois stated that she believed in controlling growth but would not want to see any moratoriums on development. She questioned whether growth is limited, if taxes would increase. Ms. DuBois also stated that technology was important. She envisioned redevelopment of downtown. She also expressed concerns regarding transportation. Cletus Link stated that if the City continued to receive MUSA, it will continue to grow. He suggested learning from neighbors like Eden Prairie and Burnsville as to how they handled the same situation. Mayor Brekke noted that Council was not necessarily at different levels with their opinions but it needed to make sure that market factors are adequate. Bob Sweeney stated that he saw the City comparable to the downtown area of Richfield. He stated that Shakopee would be going from a small town to a town with expanding residential property but not corresponding expanded commercial property. He noted that until recently, the population was mostly blue collar but now is more diverse. Mr. Sweeney stated he would like to see the current trend continue for the children of current residents. Peter Cotton then stated that he was hearing from the Council that it wanted to keep the character of Shakopee and suggested doing so by enacting policies, ordinances, etc. Jane DuBois stated that the City still has affordable and mixed housing which is drawing people. Mayor Brekke stated the voters will need to be educated. Bob Sweeney noted that residents can understand small increases. He noted that if Canterbury would have been as successful as it was supposed to be, the City would be able to fund more development at this time. Official Proceedings of the April 28, 1998 Shakopee City Council Page -5- A break was taken from 6:24 p.m. to 6:45 p.m. The following ideas were formulated during a brainstorming session: 1. Tie downtown, Murphy's Landing and Huber Park together with the DNR trail; 2. Construct a downtown arts center/band shell; 3. Bring more traffic to downtown by restricting bars and restaurants to the downtown area; 4. Rename County Road 69 and 101 to one consistent name; 5. Build a 9-hole golf course; 6. Build a new library in the downtown; 7. First Avenue streetscape; 8. Improve appearance of County Road 69 railroad overpass; 9. Deal with land use planning for Louisville and Jackson townships; 10. Clean up and limit the number of used car lots; 11. Parks & Recreation Task Force plan including funding referendum; 12. Determine funding plan for CIP projects, etc. ; 13. Replace and upgrade obsolete playground equipment in older parks; 14. Enforce zoning to protect downtown; 15. Reestablish a Community Development Commission; 16. Start a community newsletter; 17. Program for high quality industrial developments such as Seagate and ADC; 18. Resist land trust applications; Official Proceedings of the April 28, 1998 Shakopee City Council Page -6- 19. Prepare for any adverse decision on land use application; 20. Complete historic preservation plan for downtown; 21. Rebuilding the Chaska trail bridge; 22. Insist on irrevocable letters of credit during land use plan and look into possibility of making it a condition of CUP; 23. Complete Vierling Drive sidewalks on south side between County Roads 16 and 17. Als%hcomplete sidewalks on west side of Marshall Road south of 10 Avenue; 24. Enact a tree ordinance to require at least one tree per new developed residential lot and establish a minimum sod standard for new construction. Also start a tree replacement fund; 25. Work on web page to incorporate schools, CVB (Convention Visitors Bureau) , County, etc. A break was taken from 7:45 p.m. to 8:02 p.m. Bob Sweeney left the meeting. After discussion of the above ideas, the ideas were prioritized as follows: 1. Resist land trust application (#18) ; 2. Support the Parks Task Force and funding issues (#11) ; 3 . Work on downtown projects: a. Bike trail (#1) ; b. Enact zoning plans to protect the downtown area (#'s 14 and 3) ; c. Work on First Avenue streetscape (#7) 1. Establish a funding plan for CIP projects (#12) ; 2. Build a nine-hole golf course (#5) ; Official Proceedings of the April 28, 1998 Shakopee City Council Page -7- 3. Program for high quality industrial development (#17) . There was a consensus of the Council to inform the public about the ideas brought forth during the meeting. Jane DuBois suggested having another similar meeting next year. 1 Mayor Brekke officially adjourned the meeting at 8:28 p.m. Respectfully submitted, 111EA ith S. Cox t/ity Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 3, 1998 Mayor Brekke called the meeting to order at 4:08 p.m. with Councilmembers Deb Amundson, Jane DuBois and Bob Sweeney present. Those absent: Cletus Link. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director, Judith S. Cox, City Clerk;Dan Hughes, Chief of Police; Greg Sticha, Accountant;Mark McQuillan, Park and Recreation Director; Terry Link, Fire Chief; and Mary Athmann, Assistant Fire Chief. Mayor Brekke stated if there was time, he wanted to add Item 5A, Youth Enrichment Grant Program to the agenda. DuBois/Amundson moved to approve the agenda as modified. Motion carried unanimously. R. Michael Leek approached the podium. Mr. Leek distributed a new map and resolution approving a proposed amendment to the East Dean Lake PUD. Mr. Leek noted that the amendment included the various conditions which were recently discussed. Sweeney/Amundson offered Resolution No. 4976, A Resolution of the City of Shakopee, Minnesota Approving an Amendment to the East Dean Lake Planned Unit Development and moved its adoption. Steve Soltau approached the podium and stated that he believed the Amendment complies with all conditions the Council requested. Jane DuBois questioned if there is access to sidewalks and a hiking trail and Mr. Soltau stated he assumed access will be around the perimeter which has a park and bike trail. He further noted that travel will be along private driveways and streets to get to the perimeter. Michael Leek stated that the City would be looking for a sidewalk on Windsor Drive North to connect to Southbridge Parkway and other open areas in the future. Motion carried unanimously. Gregg Voxland distributed a memo regarding setting a date for a public hearing on the tax levy. He noted that the state changed its rules and was now directing the first and second Mondays of December as the first option to hold the hearings. Bob Sweeney noted that the first Monday in December could be a SPUC hearing. Sweeney/Amundson moved to hold the public hearing regarding the tax levy on the first two Mondays of December, i.e. December 7th and December 14th with December 14th being a continuation hearing if necessary. Motion carried unanimously. Official Proceedings of the September 3, 1998 Shakopee City Council Page -2- Gregg Voxland distributed a new printout of budget revenue projections using direction from the Council to date. He also distributed a seven year Development Revenue graph. Bob Sweeney stated he had requested another graph which would include a "best fit" line that would show month-to-month figures so the City could tell where it is at since it does not receive funds on an even basis. Mr. Voxland stated that the City is currently looking at less than a 5% increase in the tax capacity rate using the figures provided. Mr. Sweeney noted that the tax capacity rate had been reduced in several of the previous years, however, it probably cannot be reduced this year. Mayor Brekke questioned whether the City could get to a 0% change in the tax capacity rate. Mr. Sweeney replied that the Council would have to do a considerable amount of cutting the budget to reach that goal. Mayor Brekke stated that the goal should be a 0% change in the tax capacity rate since the shift at the state level will increase the multipliers. Jane DuBois stated that with the growth in the City, there are going to be some increases. R. Michael Leek distributed a memo regarding a five-year computer replacement program. He noted that the memo dealt with PCs and work stations but not such items as printers. Mr. Leek stated that the information regarding the Police Department's proposals was also included. Not included in the five-year plan were the positions referred to as powers users such as the engineering technicians who use CAD, GIS users and police users involved with the City and State. Mr. Leek stated those users have a more frequent need to upgrade and when the update need arose, the current PC would be perfectly suitable for someone else within the City. Mr. Leek noted the impact to the budget is $18,000 - $26,000 per year. He further noted there were some changes to the COPS More Grant in that the $60,000 included for an MC lease upgrade was not possible and that the access charge was partly a 1998 expense. Jane DuBois questioned whether the City wanted to look at leasing computers rather than purchasing them. Mayor Brekke stated it would not be an advantage for the City to do so since a computer is usually paid for within three years. Deb Amundson questioned if the Police Department is unsuccessful in obtaining the grant if the City will have to purchase the equipment at its expense and Mr. Leek replied it probably would. Mark McNeill stated that if the Police Department is unsuccessful in obtaining the grant, it would be looking at an expenditure of$28,000 in critical items. Bob Sweeney stated that the possibility of the grant does not disappear on December 31, 1998 and is an ongoing process. Dan Hughes approached the podium. He stated that the Police Department probably would not hear about the success of the grant application until the end of the year and may not receive the entire amount. Mr. Sweeney suggested treating the matter as a $57,000 contingency item which could be funded from existing cash surplus. He suggested another alternative would be to include $29,000 in the budget and the balance as a contingency item. Ms. DuBois stated that $29,000 must be budgeted in the event the grant is not received. Chief Dan Hughes approached the podium and noted that since the $60,000 MC lease upgrade is no longer available, this would also reduce the figures in other area, i.e. the $57,000 would probably be reduced by $15,000. Official Proceedings of the September 3, 1998 Shakopee City Council Page -3- Gregg Voxland stated that if using a 0%tax capacity rate, the net levy to spread would be $2,790,800. Mayor Brekke noted that there about $200,000 in contingent items included in the expenditures and if those were taken out, the tax capacity rate would be close to 0%. Mr. Voxland stated that another alternative is to calculate an underspend factor in the expenditures. Mr. Sweeney noted that the City does not want to bring too many referendums since the residents are probably facing another school referendum and park referendum. He stated that residents are least likely to complain over a series of smaller increases rather than one large one. Ms. DuBois noted that a 5% increase would mean a $30 increase for an$81,000 home and $60 for a$190,000 home. She did not feel those types of increases would create a big problem for residents. She stated she would rather see moderate increases that residents can grow accustomed to. Mayor Brekke noted that the City had been successful in the past regarding increases, however, that was not the case at this time. Ms. Amundson stated that even if a decrease in the tax capacity rate was achieved, the residents are going to see an increase because of the shifts and will mostly likely feel the City is the cause of the increase. She felt that if the City can provide good services, the residents will be accepting of modest increases. Mr. Sweeney stated that the City does a good job of presenting the truth in taxation and points out that it is not just City increases. Mayor Brekke stated that a consensus was building regarding agreement of a 5% increase. Ms. DuBois stated that when people know the City is growing, they are not apt to complain as much regarding new positions. Mayor Brekke stated it would be helpful to prioritize the requested new positions. Mr. McNeill stated that not all positions have the same fundings, i.e. the fire marshall position is 75% funded by fees compared to the city clerk/building clerical position which is 100% funded by the City. Fire Chief Terry Link approached the podium. He stated it was necessary to have the fire marshall position because there were currently five volunteers who were performing those responsibilities and it is becoming more than they can handle. He stated he believed the City could get 50% of the position paid for by fees. Police Chief Dan Hughes approached the podium. He stated that he changed his position regarding an additional police officer and that an additional police officer is needed. Chief Hughes stated the City is growing and the citizens deserve proper protection. He noted that cuts could be made elsewhere such as repositioning the civil defense sirens and purchasing one civil defense siren rather than two. He also stated he believed the Police Department was going to be successful in obtaining federal grant money which would reduce operating expenses by $10,000. Mr. Sweeney stated that if the City had a CSO without the extra police officer position, the Department would still be able to assign a 14th officer to the street. Chief Hughes stated that could be done but pointed out that there are some things that a CSO cannot do. Mayor Brekke stated that if the requested positions were prioritized, there could be a further breakdown of funding positions in 1999 and 2000 and those not funded in 1999 would be given high priority in 2000. Ms. DuBois stated that the Police Department had been operating short-handed all year and was just getting to the point of enough coverage. She further noted that if there are any retirements, there would already be a person to replace the retiring officer. Ms. Amundson stated that she would like to see the requested positions prioritized by year. Chief Hughes stated that his staff believed that having an additional police officer on the Official Proceedings of the September 3, 1998 Shakopee City Council Page -4- street was more of a priority than a CSO. Mayor Brekke stated that he could see the benefits of both positions. Mr. McNeill stated that he had discussed the possibility of sharing the Park& Rec. position with the park maintenance position with both Mr. McQuillan and Mr. Loney. It was noted that the position could be a combined position at this time as follows: From September to the end of the ice season, the position would perform work for Park&Rec. at the Community Center and also assist Ron Stellmaker. At other times, the position would perform work for park maintenance such as mowing lawn and maintaining the swimming pool. Mayor Brekke prioritized the requested positions to be in the following order: 1. Fire Marshall; 2. Sworn Police officer; 3. Park&Rec. Assistant/Park Maintenance; 4. City Clerk/Building clerical position. The other requested positions would be given a high priority in 2000. Bruce Loney stated that the impact of not having a full-time park maintenance person is a level of service question, i.e. it may mean more overtime, receiving more complaints and/or going from an eight hour turnaround time for plowing to nine hours. Ms. DuBois stated that if after the numbers are calculated, there are any remaining funds for other positions, the CSO position should be funded. Mr. Sweeney reminded Mr. Voxland to include the $29,000 of critical technology items for the Police Department. Mr. Sweeney stated that it was not absolutely essential for the Council to finalize the budget on September 8th or September 14th because the Council can certify a levy larger than it intends to collect. Mr. Voxland questioned whether the Council wanted to include an underspend factor. Mayor Brekke replied no and that if one needs to be added later, the Council will consider that. DuBois/Amundson moved to adjourn to September 8, 1998, at 4:00 p.m. Motion carried unanimously. Meeting adjourned at 6:06 p.m. Respectfully submitted, ), * u ith S. Cox tify Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL • ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 8, 1998 Mayor Brekke called the meeting to order at 4:00 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Greg Sticha, Accountant;Dan Hughes, Chief of Police;Ron Stellmacher, Facilities Manager; and Mark McQuillan, Park and Recreation Director. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mark McNeill stated that the city attorney had drafted an ordinance modifying the proof of age requirement relating to the sale of tobacco products. Mr. McNeill stated that the current ordinance required every customer to provide proof of age and in some instances, this did not make sense since certain customers were obviously over the age of 26. The proposed ordinance would be modified to provide that all customers appearing to be under the age of 27 provide proof of age. Mayor Brekke questioned whether the Council could pass the ordinance without need for a public hearing and Mr. McNeill replied that it could, however, the City would need to notify all license holders by mail of the change. Deb Amundson questioned what Scott County's ordinance was and Mr. McNeill replied the age requirements were 27 or younger. Ms. Amundson stated the City would want to be consistent with the county. Mayor Brekke stated he thought the proposed ordinance would be a change for the better. DuBois/Amundson offered Ordinance No. 527, 4th Series, Relating to Sale, Possession and Use of Tobacco, Tobacco Products and Tobacco Related Devices, by Amending Section 6.23, Subd. 3, Paragraphs J and L, and Subd. 15, and moved its adoption. Motion carried unanimously. A discussion was held regarding the EDA levy impact. Gregg Voxland explained that the BRA levy is for redevelopment purposes only. He further noted that under the HRA statute, the EDA could levy taxes with City consent which would not be under the City's levy limit. Mr. Voxland stated that the EDA statute is broader and covers redevelopment and new development activities and is levied by the City subject to the City's levy limit. It was staffs recommendation that the City split the levy between the two entities. Mr. Voxland stated that if the Council decided to levy under the EDA statute, the levy would be an additional $108,000 levy by the City which would still be within the levy limits the City is facing, but the actual levy would be that much higher and show more impact in the tax statements. Mr. Voxland noted the offset would be a decrease in the special levy but would be lost in the total. Bob Sweeney questioned whether the City could go to surplus without impact by the statute. Gregg Voxland stated that he had asked the City Attorney that question and was told that the Council's intention in previous resolutions adopting the HRA was based on the HRA levy. Mayor Brekke stated he would rather not see $108,000 in the City levy. Mr. Sweeney stated if the Council were to do that, they could not do anything with regard to new development in 1999. Staff recommended a 30/70% split of the $108,000 with 30% allocated to HRA levy and 70% allocated to EDA since the City is mostly Official Proceedings of the September 8, 1998 Shakopee City Council Page -2- dealing with new development at this time. The EDA allocation will show in the general levy column in the tax statement. Sweeney/DuBois moved to direct staff to levy$75,000 under the EDA statute and $33,000 under the HRA statute. Motion carried unanimously. Gregg Voxland noted the changes in the budget per Council direction to this point. Mr. Voxland stated that he had spoken with Bruce Loney who stated that he could forego a park maintenance position at this time but it would need to be a high priority next year. Jane DuBois asked if it was absolutely necessary to include a recreation maintenance position. Mark McNeill stated that Community Center was experiencing increased use and thought the position was needed. Ron Stellmaker approached the podium. He stated that since 1996, he was the only full-time person. He noted that cleaning was only a small percentage of the proposed position. The new position would include ice maintenance, refrigeration duties and facility management. Mr. Stellmaker stated he did not have time to be in the refrigeration unit for two hours and still perform all the other duties. He noted that the City has a beautiful building that is starting to show some wear and tear and he does not have the time to do everything necessary by himself. Cletus Link questioned whether an assistant had already been hired and Mark McQuillan replied that the person hired was a recreation supervisor and performed activities type work. Jane DuBois stated she did not know what the proposed position had fully entailed and thanked Mr. Stellmaker for his input. Bob Sweeney noted that the City had a carryover of$162,500 for the past five years(special revenue equipment fund), however, that was not available this year. Gregg Voxland suggested transferring $1.2 million in surplus to the Building Fund. Deb Amundson questioned if the City is starting a new Building Fund at this time or if monies already exist. Gregg Voxland replied that there is currently $1.2 million in the Building Fund. Mr. Sweeney stated that the decisions the Council made today were not binding on future councils. He further stated that any decisions made by Council today were true for any fund which is not a statutory fund. Mayor Brekke questioned whether the transfer would take place this year. He also stated that it was important to note that the 4.4% increase in the tax rate was partly due to the increased need in the building area in addition to having a cushion built in to the Building Fund. Cletus Link questioned whether an increase in the properties and taxes would offset the additional expenditures and Mr. Sweeney replied that it would not. Mr. Sweeney further noted the more commercial/industrial property the City has, the heavier the tax rate compression will be. Jane DuBois stated it would be nice to have some type of chart or graph to explain the matter and Mr. Sweeney stated it is difficult to understand because of the many unknowns. Mr. Link questioned whether the City was on the right track with all the commercial development occurring and Mr. Sweeney replied yes. Mr. Sweeney further noted that residential property owners will again be receiving a 20% rebate in 1999. 1 Official Proceedings of the September 8, 1998 Shakopee City Council Page -3- Sweeney/Amundson moved to direct staff to include an underspend factor of$225,000 in the budget. Motion carried unanimously. Mayor Brekke stated that there would be a 4.4% change in the tax rate. Gregg Voxland questioned whether the Council wanted to include any additional flexibility factor by levying something more than what had been indicated to be the proposed maximum tax levy. Bob Sweeney replied it was probably not necessary because of the flexibility built in by the transfers being made. It was the consensus of the Council that Mr. Sweeney was correct. Mayor Brekke stated the Council would take action the following week on the tax rate change and questioned whether there were any serious concerns regarding the same. Jane DuBois questioned whether there was adequate emergency contingency built into the budget. Mark McNeill stated that although the City cannot prepare for every catastrophe, it generally is in good shape. Ms. DuBois questioned whether there were adequate funds for tree replacement and Mr. McNeill replied yes. He noted that the trees will be smaller than what previously existed. Cletus Link questioned whether $20,000 included the watering and care of the tree and suggested that residents be told to water any newly planted trees. Bob Sweeney stated he was an advocate of not keeping a lot of monies in the contingency fund because then there would not be an incentive to go to that fund often. Mr. Sweeney stated his only concern was the Stans tennis court matter because Cletus Link worked on the project and residents believe the City is going to participate. Mark McQuillan stated that there was $45,000 earmarked for the senior high tennis court and if the bids come out less than$45,000, those monies could possibly be used for the Stans tennis court. Mayor Brekke noted his concern regarding funds for a new trail in 1999 for the area west of Marschall Road. He noted the existing trail is under water. Mayor Brekke stated that he preferred reconstruction of the existing trail before building a new trail. Mark McNeill stated there was a question whether the City wanted to go ahead with the County Road 79 trail without knowing the County's plan for possible upgrading of that area to be an urban section. Mr. McNeill stated that the City can reprioritize within the Drainage Fund to repair the existing trail. Mayor Brekke stated he would like to see those repairs done in 1999. Ms. DuBois questioned whether the township fees were staying as is and it was noted that the agreement had already been extended for one year to December, 1999. Deb Amundson asked for confirmation that the pool filtration repair expenses are coming from the Building Fund. Gregg Voxland confirmed this and stated that the Council could do more regarding the pool if it wished. Mr. McQuillan stated that any other work probably could not be done before June 1, 1999 when the pool opened. It was the consensus of Council to do all the work at one time after September, 1999. 1 Official Proceedings of the September 8, 1998 Shakopee City Council Page -4- DuBois/Amundson moved to adjourn to September 14, 1998, at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 5:30 p.m. Respectfully submitted, 0'.... A ,, ,. 0,?c dithS. Cox ity Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA SEPTEMBER 14, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Karen Cole, City Attorney; and Paul Snook, Economic Development Coordinator. The Pledge of Allegiance was recited. The following items were removed from the agenda: 15.C.1. Youth Enrichment Grant, and 15.E.5. Tax Forfeit Property-Res. No. 4960. The Following items were added to the agenda: 15.A.2. Request of Ames Construction, Inc. and Pheasant Run of Shakopee, Regarding Hourly Restrictions on Construction Activities For Pheasant Run 1st and 2nd Additions, and 15.E.13. Tobacco License - Speedway SuperAmerica LLC 4546. DuBois/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 14.B. Final Plat of Pheasant Run First Addition, located north of Valley View Road between Marshall Road and CR-83 - Res. No. 4979, 15.A.1. Suspension of Hourly Restrictions on Construction Activities for Southbridge 1st Addition, 15.A.2. Request of Ames Construction, Inc. and Pheasant Run of Shakopee, Regarding Restrictions on Construction Activities for Pheasant Run 1st and 2nd Additions, 15.D.1. Advisory Council on Local Government, 15.E.6. Consenting to a 1998 EDA Tax Levy, Collectible in 1999 - Res. No. 4988, 15.E.9. Canceling Debt Service Levies for 1998/99 - Res. No. 4992, 15.E.11. Year 2000 Project Coordinator - Res. No. 4991, 15.E.12. Minnesota Tourism Industry Funding Support, and 15.E.13. Tobacco License -Speedway SuperAmerica LLC 4546. Sweeney/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:18 p.m. for the purpose of conducting the Economic Developmental Authority meeting. The meeting re-convened at 7:35 p.m. Official Proceedings of the September 14, 1998 Shakopee City Council Page -2- Sweeney/Amundson moved to approve the minutes of July 21, 1998. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve bills in the amount of $1,624,546.33. (Motion carried under the Consent Agenda.) Mark McNeill reported that the City has been notified by the Scott County Highway Department, that the Union Pacific Railroad has requested closure of the Marschall Road rail crossing for one week, beginning September 21st. The purpose of the closure will be to replace crossing material. During this time, a detour utilizing Fourth Avenue and Shenandoah Drive is suggested. The City will send notices to adjacent businesses, and Scott County will put a notice in the Shakopee Valley News. A discussion ensued regarding concern that the road would only be closed for one week. Sweeney/DuBois moved to authorize the City Administrator to enter into an agreement with the Union Pacific after review by the City Attorney, to provide for relief in the event that the Union Pacific keeps the road closed longer than one week. Cncl. DuBois stated that she continues to receive complaints about excessive whistle blowing. A discussion ensued in which Mark McNeill stated that he has had many conversations with representatives of the Railroad and that nothing has changed. In fact, he said that the operators are not blowing the whistle as often as Federal Law requires. He said there is nothing that can be done locally, to pre-empt this. Cncl. DuBois inquired as to a Railroad Advisory Task Force with Shakopee representatives. Mark McNeill said he would get more information. A discussion ensued regarding railroad cross arm requirements. Mark McNeill stated that the cross arms cost approximately $100,000 per intersection. He also said that there are State or Federal grants available that would cover a portion of this. Mark McNeill said that because the railroad may be requesting increased speeds, the City may want to discuss the possibility of adding some cross arms. Motion carried unanimously. Sweeney/Amundson moved to direct the City Attorney to look into the City's position in this matter. Motion carried unanimously. Official Proceedings of the September 14, 1998 Shakopee City Council Page -3- Mayor Brekke opened the public hearing on the submission of Minnesota Small Cities Development Program application to Minnesota Department of Trade and Economic Development. Steve Griesert, Community Partners Research, Inc., approached the podium to give an overview of the project and update the City Council. He explained that the Small Cities Development Program funds are granted to each state on an annual basis by the Federal Department of Housing and Urban Development. $20-$25 million a year goes to the Minnesota Department of Trade and Economic Development, in the form of a grant. An annual competition is held for all cities and states who apply, with populations under 50,000. There is a 30% chance of getting funded. Eligible activities are primarily housing rehabilitation with some new construction, public facilities, water and sewer, economic development, (commercial rehabilitation is the only economic development activity they will fund). The types of applications are single purpose (one activity), and comprehensive activities (two or more activities). One or more of the following objectives must be met in order to be eligible: 1) elimination of slum and blight, 2) benefit low and moderate income citizens, and 3) eliminate urgent threat to health and safety. Elimination of slum and blight and benefiting low and moderate income citizens are the activities proposed for Shakopee. Funding a single purpose project is limited to $600,000 per year. A comprehensive project is limited to $1.4 million. Applications are due October 1, 1998. The grant is typically awarded around March 1st. The Shakopee proposal for the Shakopee Downtown Revitalization Program consists of a total cost of$9.8 million, including the River City Center project. The funding request being proposed to the Small Cities Development Program is $980,750. Commercial rehabilitation will include approximately 20 buildings, Single Family Rehabilitation will include 35 dwellings, and 40 Rental Units. Mr. Greisert explained that in order to score high in this competitive atmosphere, the redevelopment needs of a smaller area need to be impacted. The overall target area is the downtown area, roughly located within the south boundary of 3rd Avenue, the east boundary of Market Street, the north boundary of the river, and west boundary of Shumway and Clay Streets. Within the target area, an additional target area is being considered for commercial rehabilitation. Mr. Greisert defined a target area as having a high concentration of substandard buildings and low and moderate income households. There are 84 owner/occupied single family dwellings. Of those 84 dwellings, it has been determined that 45 need minor rehabilitation, 30 need major rehabilitation, and nine are completely sound. There are 103 rental units, 15 single family houses, 18 duplexes, two triplexes, two 8-plexes, and 31 mixed use buildings. Of the 103 rental units, 40 Official Proceedings of the September 14, 1998 Shakopee City Council Page -4- need minor rehabilitation, 43 need major rehabilitation, two are beyond repair, and 19 are sound. The commercial area consists of 30 buildings. Thirteen are considered substandard and need major repairs, 10 need minor repairs, and seven are standard. There are 46 business within the 30 buildings. Owner/occupied housing rehabilitation totals of 577,500, or $16,500 per rehabilitation. Rental rehabilitation averages $9,500 for the 40 units, or a total of $380,000. A 50/50 private and public match is anticipated. Commercial rehabilitation totals $500,000, also with a 50/50 match. Proposed are a 50% deferred loan, a grant of $7,500 maximum per unit, with the other 50% coming from the property owners. The Federal Government requires that at least 50% of the rental units in a building must be low to moderate income, and the rents must remain frozen for a period of one year and must not exceed fair market rates for at least five years. Commercial property is proposed to be funded 50% grant and 50% private property owner up to $30,000 per building or project. Davis Bacon is required and brings the cost up. Owner/occupied property single family homes, the very low income level is proposed to be 50% of the median income of the City with a 100% grant, and 50%-90% deferred loans for the moderate income citizens. Income limits for 1998 for a family of four is $45,300. (80% of median income of the City). Mr. Griesert asked the City Council to authorize the submission of the application of approximately $980,000 and the approval of a resolution stating that the three block area is considered slum and blight. A discussion ensued relating to the review of paragraph three of Resolution No. 4985 which discusses written agreements and the purchase of property. Mayor Brekke asked if there were any comments from those in the audience. There were none. Mayor Brekke closed the public hearing. Sweeney/DuBois offered Resolution No. 4984, A Resolution Identifying "Slum and Blighting" Conditions, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to table Resolution No. 4985, Local Government Resolution (FP-21) (SCDP)to the first scheduled workshop session. Motion carried unanimously. Sweeney/Link moved to direct the City Administrator to have the City Attorney review the language in Resolution No. 4985 and its relevance to the River City Centre development on Blocks 3 and 4. Motion carried unanimously. Official Proceedings of the September 14, 1998 Shakopee City Council Page -5- Michael Leek explained that the Preliminary Plat approval of HTS Properties First Addition originally consisted of one lot that was platted and two that were unplatted. This is currently developed with an 8-unit residential structure. The proposal is to divide the property into one lot with a second lot to be available for new residential construction. The Planning Commission recommended approval with the following changes: Acceptance of the three existing parking spaces adjacent to the building, proposing that they be striped. They also recommend that park dedication only be assessed against the newly created vacant lot. The amount of the park dedication would be determined at the time of the building permit. Tim Smith approached the podium and explained that a curb was recommended between the alley and south of the lot line. He stated that he was not in agreement with this. He said that there is significant room to enter and exit the alley. He also said that the alley is currently only used by two residents. In response to the recommendation for the three parking spaces, he said that parking is available and should be used as opposed to tearing up the grass and adding more asphalt. In response to the recommendation for park dedication fees, Mr. Smith said the code was vague and that he agreed with assessing park dedication fees for the new lot being split off. He said it would not be fair to tax the apartment twice, park dedication was paid and that past practices were a poor comparison. In response to the recommended width of the proposed Lot 1, Block 1, Mr. Smith said that he has always intended to place a single family home on this lot, he would be okay with a 69 foot lot for a single family home. Sweeney/Amundson moved to approve the plat concept for HTS Properties First Addition, subject to conditions recommended by the Planning Commission, and directed staff to prepare the appropriate resolution. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4979, A Resolution Approving the Final Plat of Pheasant Run First Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Saturday between 7:00 a.m. and 9:00 p.m., as requested by Centex Homes, developer of Southbridge 1st Addition, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff: 1) minimizing noise exposure near residential areas, 2) if excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director, and 3) blasting activities, if any, must be done from 8:00 a.m. to 5:00 p.m. (Motion carried under the Consent Agenda.) Official Proceedings of the September 14, 1998 Shakopee City Council Page -6- Sweeney/Amundson moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Saturday between 7:00 a.m. and 9:00 p.m., as requested by Ames Construction, contractor for Pheasant Run 1st and 2nd Additions, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff: 1) minimizing noise exposure near residential areas, 2) if excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director, and 3) blasting activities, if any, must be done from 8:00 a.m. to 5:00 p.m. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize an exemption from the "No Parking" restriction on the south side of the 4900 block of 12th Ave. East, during an open house for Gage & Gage, on 09- 17-98, form 5:00 p.m. to 9:00 p.m. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to direct staff to actively participate with the Southwest Coalition of Communities in the preparation of metropolitan governance options. Motion carried under the Consent Agenda.) Michael Leek explained that Ron Schmitt's property was developed as a residential property. However, it is in the B-1 Highway Business District. The property has a home and a single car garage. Mr. Schmitt would like to replace the single car garage with a garage to measure 28"x 30'. He said that this would not be consistent with the B-1 regulations for a non-conforming use. The Board of Appeals reviewed the request and has determined that the proposed garage would not be a"less intense use". Ron Schmitt has appealed this decision. A discussion ensued regarding the intensity of a non-conforming use, and whether or not the parcel is properly zoned. Ron Schmitt, 721 Brook Lane, approached the podium and explained that the property does have sewer and water. He said that his appeal is based on his request to improve the property by adding a 28' X 30' garage, the one car garage will be removed when the new garage is constructed. In response to the "intensity " of the non-conforming use, he said that he currently parks in front of his house and on the street. He also said that the surrounding neighbors support his project.. DuBois/Link moved to approve the Appeal request of Ron Schmitt, to construct a new accessory garage in the B-1 Highway Business Zone, finding that the residential use of the property to be of "less intensity" after the building of the proposed garage. Motion carried unanimously. Sweeney/DuBois moved to direct staff to review zoning of this particular area (vicinity of 721 Brook Lane). Motion carried unanimously. Item 15.E.10. Workshop Meetings, was taken out of the regular order on the agenda. Official Proceedings of the September 14, 1998 Shakopee City Council Page -7- A workshop session with the Jackson Town Board was scheduled for October 13th, 1998, at 6:00 p.m. to discuss planning issues. Another work session was scheduled for Tuesday, September 29th, 1998 at 4:30 p.m. to discuss the Comprehensive Park Plan, a park dedication study, the Southbridge Mn/DOT property, and Dial a Ride issues. A recess was taken at 8:50 p.m. The meeting re-convened at 9:03 p.m. Michael Leek explained that the new VPSI Vanpool agreement indicates that the City will reimburse VPSI for the cost of leasing vehicles. He said the agreement does not set a specific amount because lease rates vary. He said that 5 to 7 van pools have been operating at about the same level in the past. Sweeney/Amundson moved to direct staff to come back with an agreement for a one year period with the option to renew the agreement for one year, with VPSI, Inc. A discussion ensued relating to fares and what benefit the City receives for operating Dial a Ride. Michael Leek explained that excess funds from the Metropolitan Council help to balance the Transit Budget. He said that Dial a Ride has operated for the past two years with sufficient transit funds. Motion carried unanimously. Sweeney/Amundson moved to approve the application and grant an off sale 3.2 percent malt liquor license to Speedway SuperAmerica LLC - #4546, 1298 Vierling Drive East. (Motion carried under the Consent Agenda.) Mark McNeill reminded staff and Councilmembers that the City renewed the contract with Waste Management (WMI) for three years, effective January 15th of this year. As a result, there was a change in the billing system, in which the water and electric are billed separately from refuse. Mark McNeill stated that there was an initial flurry of calls from customers unaware that WMI was a private hauler. There were also complaints that customers were unable to contact WMI to notify them of service problems because their phone system was down. Ron Gersdorf, Municipal Marketing Manager for Waste Management, approached the podium and stated that several issues were discussed with Mark McNeill. Since that time, WM1 has ordered a new truck to service the City of Shakopee, and assigned a supervisor to the City of Shakopee to watch over the operational procedures within the City. In response the complaints regarding the phone system, he said a new phone system has been installed. Six customer service representatives were also added. Official Proceedings of the September 14, 1998 Shakopee City Council Page -8- In response to comments relating to missed pick-ups or poor service, Ron Gersdorf stated that he is willing to explore crediting services, if necessary. He explained that the procedure for handling complaints is to forward calls from customer service to dispatch, answering the customers question or complaint before hanging up. A discussion ensued regarding recycling requirements. The requirements will be included in the next newsletter. A discussion ensued regarding increased costs to the residents. Ron Gersdorf stated that the negotiated prices are for a 32 gallon refuse service at $8.90, a 64 gallon refuse at $9.70, and a 96 gallon refuse at $10.50. He said that these are also very competitive prices. The Shakopee Hotline is 882-2307, for customer complaints. Sweeney/Amundson offered Resolution No. 4986, A Resolution Apportioning Assessments Among New Common Interest Community Parcels Within CIC 1024 Prairie Bend, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Amundson offered Resolution No. 4987, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Stone Meadows 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4988, A Resolution Levying a Tax at the Request of, and Consenting to the Levy of a Tax by, The Economic Development Authority For The City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda.) Greg Voxland stated that the proposed budget, budget hearing date, and proposed maximum tax levy must be certified to the county by September 15. The final levy must be certified to the county by December 28, 1998. The proposed maximum tax levy for 1998/99 is a General Fund levy of$3,457,886 (including a debt service levy of$258,619) and a local option transit levy of$354,615. The increase in the gross levy for the General Fund (including debt service) is $540,573 or 18.5%. The increase in the tax rate is estimated to be 4.4%. The levy for the fire station bonds is already set by previous action and is increasing from $250,569 to $261,235. This is on market value and not tax capacity value. Resolution No. 4989 includes the Governmental Funds Budget proposed amount of $12,748,270. The comparable number last year was $13,699,027. Sweeney/DuBois offered Resolution No. 4989, A Resolution Setting Proposed Maximum 1998 Tax Levy, Collectible in 1999, and moved its adoption. The tax levy public hearing will be held on December 7 with the continuation on December 14, if necessary. Motion carried unanimously. Official Proceedings of the September 14, 1998 Shakopee City Council Page -9- Mark McNeill explained that because the first regular meeting in November falls on the same day as the general election the Council meeting may not convene until 8:00 p.m. after the polls close. As an alternate, he suggested moving the meeting ahead to Wednesday,November 4th, or back to Monday,November 2nd. Sweeney/DuBois moved to amend Resolution No. 4990, changing the first regular meeting to November 4, 1998, at 7:00 p.m. Motion carried unanimously. DuBois/Sweeney offered Resolution 4990, A Resolution Changing the November 3, 1998, Council Meeting Date, and moved its adoption. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4992, A Resolution Canceling Debt Service Levies For 1998/99, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4991, A Resolution Appointing Year 2000 Project Coordinator for the City of Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4978, A Resolution Supporting Adequate Funding For The Minnesota Tourism Industry, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve the application and grant a tobacco license to Speedway SuperAmerica LLC #4546, 1298 Vierling Drive East. (Motion carried under the Consent Agenda.) Sweeney/Link moved to adjourn to Tuesday, September 29, 1998, at 4:30 p.m. Motion carried unanimously. The meeting was adjourned at 9:33 p.m. .0 ,,,,4 , ith S. Cox, Cit Clerk Esther TenEyck, Recording Secretary .4420 F42: Notice of Proposed Total Budget and Property Taxes S6AA'ree- The Spruce,city council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the city will provide in 1999. SPENDING: The total budget amounts below compare the city's 1998 total actual budget with the amount the city proposes to spend in 1999. 1998 Total Proposed 1999 Change From Actual Budget Budget 1998 - 1999 $3,e007000— $ 4,126,000 43% /.3Cogs Sz.,/ I2, 7-c 9q0 %) TAXES: The property tax amounts below compare that portion o the current budget levied in property taxes n the city of for 1998 with the property taxes the Goin.proposes to collect in 1999. 1998 Property Proposed 1999 Change From Taxes Property Taxes 1998 - 1999 $ 270607000— 3.0% Attend the Public Hearing SAAKcoe All SevtIe-city residents are invited to attend the public hearing of the city council to express their opinions on the budget and on the proposed amount of 1999 property taxes. The hearing will be held on: Mo,S.A. 7 7'0 b , December A', at 630 p.m. Sh�Koo4e Spraeevitle City Hall /)-' //am., S i SAAKoytee_ Spriarevitte You are also invited to send your written comments to: City of Sproieeville, Mayor's-Office, 324—Spruce—Street, , MN 55555 S/j,o/f,, e /2.9 /to/Me s7ieV-i .54.4Kc'/ee .33.3 7, • �rAas; I 1/, 3 EDA 2, Fire -$7;t7;',),) . 3 �.N, D 70 74X71( i.,a�eose AL B I C ) D E IFI G I B III J I K 1 City of Shakopee 11/17/98 2 Pay 99 tax levy 3 4 97/98 98/99Change 5 General Fund Tax Levy 2,714,371 3,544,267 6 Transit levy 293309 7 Est.Value growth 139570 8 Total General Fund 2,714,371 3,544,267 829,896 30.6% 9 Debt Service 10 1990A Imp CNX 134940 135,209 11 1991A Imp 41,615 41,937 12 1992A Imp CNX 22825 cnx24088 73 1993B Imp CNX 22998 0 is 1995A Imp 61,816 cnx60624 15 1995B Storm Revenue CNX 157217 cnx152586 16 1996A Imp 59,511 64,861 17 19978 Imp 40,000 16,612 18 1998A Imp 0 19 1998B Imp 2 Fire Referendum 250569 261235 21 Total Debt Service 202,942 258,619 55,677 22 Changes 23 Levy cut (6,000) (574,000) 24 Levy cut (To keep average house at no change without referendum) 25 26 Total Levy 2,911,313 3,228,886 317,573 0.9% 27 28 Fiscal Disp Dist292,680) (315,095) (22,415) 29 Net Levy to spread 218,633 2,013,791 295,158 11.3% 30 31 Allowance for (48,8 (64,578) 15, 32 Budget Amount Uncoil. 2,569,756 2,849,213 279,457 ) 10.9% 33 LEVY98B.XLS LEVY98-99 3:46 PM 11/17/98 I City of Shakopee General Fund Only 11/17/98 Pay 1998 Pay 1999 Change Net levy spread 2,573, 873 2,913, 791 13 .2% Total City Net Taxable Tax Cap. 12,016,642 13,607,909 13 2% City Tax Rate 0.21127 0.217351 Assessor's Estimated Market Value $75,000 $81, 000 8.0% Tax Capacity First $75, 000 at 1% 750 750 Balance at 1.85% 102 750 852 13 .6% City Tax Rate 21.127% 21.735% $ 26.73 :City Tax $158.45 $185.18 16.9% Assessor's Estimated Market Value $101, 600 $109,300 7.6% Tax Capacity First $75, 000 at 1% 750 750 Balance at 1.85% 492 583 1,242 1,333 7.3% City Tax Rate 21.127% 21.735% $ 27.33 City Tax $262 .42 $289.75 10.4% Assessor's Estimated Market Value $107, 800 $117,100 8.6% Tax Capacity First $75,000 at 1% 750 750 Balance at 1.85% 607 716 1,357 1,466 8.0% City Tax Rate 21.127% 21.735% $ 31.92 City Tax $286.65 $318.57 11.1% Assessor's Estimated Market Value $177,800 $187, 700 5.6% Tax Capacity First $75, 000 at 1% 750 750 Balance at 1.85% 1,902 1, 916 2,652 2,666 0.5% City Tax Rate 21.127% 21.735% $ 19.19 City Tax $560.25 $579.43 3 .4% Assessor's Estimated Market Value $177, 800 $187, 700 5.6% Tax Capacity Commercial First $150,000 at 2 .7% 4,050 3, 675 Balance at 4.0% 1,112 1,320 5,162 4, 995 -3 .2% City Tax Rate 21.127% 21.735% $ (5.02) City Tax $1, 090.58 $1, 085.55 -0.5% LEVY98B.XLS TAXBILL pay 99 3:52 PM 11/17/98 p - ,. City of Shakopee General Fund Only 11/17/98 Pay 1998 Pay 1999 Change Net levy spread 2,573,873 2,913,791 13.2% Total City Net Taxable Tax Cap. 12,016,642 13,607,909 13 % City Tax Rate 0.21127 0.21127 0.0% Assessor's Estimated Market Value $177,800 --9 $`177,80) 0.0% Tax Capacity /fouse_ First $75,000 at 1% 750 750 Balance at 1.85% 1,902 1,748 2,652 2,498 -5.8% City Tax Rate 21.127% 21.127% $ (32.58) City Tax $560.25 $527.67 -5.8%9 Assessor's Estima a k t Value $177,800 --,, 7177, 802_) 0.0% Tax Capacity Commercial First $150,000 a . 4,050 3,675 Balance at 4.0% 1,112 973 5,162 4,648 -10.0% City Tax Rate 21.127% 21.127% $ (108.59) City Tax $1, 090.58 $981.98 -10.0 q rr ✓ LEVY98B.XLS TAXBILL pay 99 4:01 PM 11/17/98 C (kk'7tL(1/1/1/► Notice of Proposed Total Budget and Property Taxes The Spruce city council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the city will provide in 1999.. SPENDING: The total budget amounts below compare the city's 1998 total actual budget with the amount the city proposes to spend in 1999. 1998 Total Proposed 1999 Change From Actual Budget Budget 1998 - 1999 $ , $ X4,126,000 4,2% /.3� 3;-c -' /2., 7.57 eN co., 7o ) TAXES: The property tax amounts below compare that portion oelf Ahe - current budget levied in property taxes in the city of for 1998 with the property taxes the eeu ty-proposes to collect in 1999. • 1998 Property Proposed 1999 Change From Taxes Property Taxes 1998 - 1999 $ 37000;e09 $ -2-0(We— 3.0% 5> Roil S1.2— .3/70, 73.0 2_14 . o Attend the Public Hearing All `S/►AKo Spm city residents are invited to attend the public hearing of the city council to express their opinions on the budget and on the proposed amount of 1999 property taxes. The hearing will be held on: Mo,Jd.A' 7 7+o 6 , December at 6c30 p.m. . Kyo e Sprueevffie Ciityy Hall /2-9 g./Met sr 821-Spruce-Street SIiAKo�e� Sprucevitle You are also invited to send your written comments to: City of Sueeville, Mayor'-O iee, reet, Sprueevrtle; MN 55555 s%Axc.e I2.-*9 Glelm as s1 e C7 .544.16/Oee- 7� • /v, v EDA a, Gar_ 7 Y'o.) , 3 14% i N ovens G . A . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Union Pacific Train Speeds DATE: November 17, 1998 The attached letter was received Monday,November 16th. As shown, the Union Pacific is notifying the City that,within the next three weeks,train speeds will go from the existing ten miles per hour,to 30 miles per hour through Shakopee. Upon receipt of this, I made some phone calls. League of Minnesota Cities - A Train Task Force has been formed recently by the LMC, in response to recent concerns about railroad issues, especially in the southern part of the State. Councilor DuBois represents Shakopee on this Task Force. They have met twice, but are still in the"information gathering" stage. LMC staff member Gary Carlson stated that, at this time,train speeds are regulated by the Federal Government, and that there is not much that a City can do, even with an ordinance in place governing train speeds. He did suggest that if there is a demonstrated public safety concern,that the City can appeal to the"Railroad and Motor Carrier Proceedings Unit" of MnDOT. MnDOT - I spoke with Robert Swanson of MnDOT. He said that the Railroad and Motor Carrier Proceedings Unit took over for the Minnesota Transportation Safety Board. They would be the Board to order a hearing on the subject, if the City could demonstrate a unique public safety issue (the fact that it goes down the middle of Second Avenue may or may not be significant). However,he said that the City must realize that such a hearing would be unique -in his experience, neither the Proceedings Unit nor its predecessor has held a hearing on the speed matter since at least 1980. He said that there have been a number of court cases regarding safety,but the burden of proof is on the cities to show that something exists -track condition, dangerous crossings, etc. He said that most cases never get to that point. In most situations,he said the best situation would be to try to negotiate something with the railroad. He said that going from 10 to 30 miles per hour is a significant jump. One suggestion might be to see if they would be willing to go to 20 miles per hour, and then study the impact before making a decision to go to 30 miles per hour. RR.DOC He also said that fencing, crossing improvements, and other situations should be looked at. In terms of cost participation,the only thing that typically railroads contribute to is the cost of the closing of street crossings. However, Engineering Project Coordinator Ray Ruuska informs me that there is research that was done by then City Attorney Rod Krass regarding the railroad in Shakopee. His recollection is that Shakopee is unique, in that the track is on Second Avenue right-of-way, as compared to platted railroad property. For this reason, it maybe significant enough that the railroad should be told that it cannot increase speeds without negotiating with the City. 1-41,44/ Mark McNeill City Administrator MM:tw RR.DOC UNION PACIFIC RAILROAD COMPANY MICHAEL W.PAYETTE DRIVE . ASSISTANT VICE PRESIDENT 101 NSUITEWACKER 1910 GOVERNMENT AFFAIRS-CENTRAL REGION CHICAGO,ILLINOIS 60606 UNION 312-853-8400 PACIFIC FAX 312-853-8420 111111 November 13, 1998 , VIA FAX: 612/445-6718 Mr. Mark H. McNeill City Administrator 129 Holmes Street, South Shakopee, MN 55379 Dear Mr. McNeill : Union Pacific has upgraded its track and signal system through Shakopee that will enable our trains to operate at speeds up to 30 m.p.h. Our line between St . Paul and Mankato is being upgraded to 49 m.p.h. to better serve our customers . While we will reduce our speed in Shakopee to 30 m.p.h. , the current 10 m.p.h. speed would cause us significant problems. Beginning November 23 , 1998, train speeds will be increased to 20 m.p.h. ; and on December 7, speeds will be increased to 30 m.p.h. In most instances, however, the change will not be noticeable and may actually enhance traffic flows and grade crossing safety in Shakopee. For example, more highway-rail grade crossing collisions actually occur at slower train speeds than at faster train speeds . Also, in many instances, the risk of derailments is greater at slower speeds . Moreover, on a very practical note, slower train speeds result in trains occupying crossings for longer periods of time, thereby increasing inconvenience to motorists waiting for trains to pass and, in some instances, increasing the likelihood that motorists will try to outrun trains through crossings . As a way of explanation, the rail industry is regulated by the federal government . In 1970, Congress enacted the Federal Rail Safety Act, 45 U. S.C. §421, et seq. recodified at 49 U. S .C. §20101, et seq. , which imposes uniform national railroad safety standards. Under this Act and Federal Railroad Administration ("FRA" ) regulations adopted pursuant to the Act, the federal government, among other things, sets speed limits for all trains based on the classification of the track on which they run. These regulations can be found in the Code of Federal Regulations at 42 C.F.R. §213 . 9 . Mr. Mark H. McNeill November 13, 1998 Page Two We will let the newspaper in Shakopee know of our plans . If you wish, we would be happy to meet with you in person to discuss this change and to provide you with further information about train speeds or other rail safety matters . Very truly yours, cc : 011ie Cromwell Nick Louris Ed Trandahl (MWP100198.004) Ivunnesora gate urrice -L 220 Second Street South a IIIII I -or Minneapolis, Minnesota Sr•"• "'"" >e,Y JEve-'QS http://www.hud.gov/local, 1 qq /i h (� DATE: November 6, 1998 , h ) -A- TO: Interested Organizations FROM: Ja' • i. 'edraza,"F d EO Division Subject: Consolidated Plans Fair Housing Performance Standards Proposed Rule I have attached a copy of the October 28, 1998, Federal Register on Fair Housing Performance Standards for Acceptance of Consolidated Plan Certifications and Compliance with Community Development Block Grant Performance Criteria; Proposed Rule. In a nutshell, HUD proposes standards for determining if CDB& recipients are affirmatively promoting and furthering fair housing requirements. The Department also plans to establish performance standards clarifying the basis for its annual statutory determination that a city or other grantee is carrying out its CDBG program in compliance with its certifications and other applicable laws. Both changes would make it clear compliance with the affirmative-action fair _ housing standards require grant recipients to have a complete and accurate analysis of impediments to fair housing choice. I encourage you to read the proposed rules and send your comments to HUD by December 28, 1998. Once again, thanks for looking out for fair housing issues! Ca: Al Joles, CPP Tom Feeney, CB Many Neighborhoods.One America.-Celebrate 30 years of Fair Housing AIME ■...I E MI I. Wednesday October 28, 1998 n W▪O MI EA A1.11 __I Y —▪ �� I. NEL- IMIIINIMI .1 IIMMMIII IN ..III .MIMMIn =_ O MilMO S � .. SE.././. — o.. A — - �I/ mlimI �- Annom �f mm, E.111. 11E .1 MI EM▪I MB MI = AIM O� OEM, IMI ME6 al Part IV EV EN OE AM Department of Housing and Urban Development .1.1 VENIEN O M 24 CFR Parts 91 and 570 Fair Housing Performance Standards for Acceptance of Consolidated Plan Certifications and Compliance With - - r Community Development Block Grant Performance Review Criteria; Proposed Rule volimommomr Imilisimm AEIE. 0 .Ek - - A Mr EMI E'er: 57882 Federal Register/Vol. 63, No. 208/Wednesday. October 28, 1998/Proposed Rules DEPARTMENT OF HOUSING AND acceptable. A copy of each HCD Act also contains a requirement for URBAN DEVELOPMENT communications submitted will be the Department to determine,at least available for public inspection and annually, that each CDBG grantee is 24 CFR Parts 91 and 570 copying between 7:30 a.m. and 5:30 carrying out its program in compliance [Docket No.FR-4133-13-01] p.m. weekdays at the above address. with applicable laws and requirements. FOR FURTHER INFORMATION CONTACT: For The Consolidated Plan Regulation's RIN No.2529-AA81 questions on part 570, Deirdre Maguire- Review Standard for Acceptance Zinni, Director. Entitlement Fair Housing Performance Standards Communities Division. Office of Block When the Consolidated Submission for Acceptance of Consolidated Plan Grant Assistance. Department of for CPD Programs regulation (part 91) Certifications and Compliance With Housing and Urban Development,Room (the "Consolidated Plan regulation") Community Development Block Grant 7282. 451 Seventh Street, SW, was promulgated in 1995.one of the Performance Review Criteria Washington, DC 20410.Telephone (202) primary purposes of the rule was to AGENCY: Office of the Secretary, HUD. 708-1577,ext. 4529. For questions on coordinate statutory requirements for ACTION: Proposed rule. part 91, Sal Sclafani.Acting Director, CPD formula grant programs (CDBG, P HOME Investment Partnerships, Policy Coordination Division,Office of Emergency Shelter Grant,and Housing SUMMARY:This proposed rule would Executive Services.Department of Opportunities for Persons with AIDS) in amend HUD regulations on Housing and Urban Development. 451 a comprehensive way,in order to Consolidated Submissions for Seventh Street,SW,Washington,DC simplify application requirements while Community Planning and Development 20410.Telephone (202) 708-1283,ext. simultaneously addressing_local priority Programs to establish a standard for • determining if the jurisdiction's 4364.For questions on affirmatively needs more effectively.The furthering fair housing or the analysis of Consolidated Plan regulation thus certification regarding affirmatively impediments to fair housing choice, incorporates CHAS requirements as well furthering fair housing is inaccurate. William Dudley Gregorie, Deputy as CDBG submission requirements. This rule would also amend HUD Director, Office of Programs,Office of Departmental approval of a regulations on Community Development Fair Housing and Equal Opportunity, Consolidated Plan is required in order Block Grants to provide performance Department of Housing and Urban for a jurisdiction to receive any of the review standards for affirmatively Development. 452 Seventh Street.SW, four CPD formula grant funds. furthering fair housing requirements. Washington,DC 20410.Telephone(202) Disapproval of a Consolidated Plan is The performance review standards 708-2288,ext. 266. (These telephone based on the statutory standards of the would clarify the basis upon which the numbers are not toll-free.) Hearing- CHAS which authorizes disapproval of Department makes its annual statutory impaired or speech-impaired any Plan only on two grounds:the Plan determination that a grantee is carrying individuals may access the voice is either(1) inconsistent with the out its Community Development Block telephone number listed above by purposes of the Cranston-Gonzalez Grant(CDBG) program in compliance calling the Federal information relay National Affordable Housing Act or(2) . with its certifications and with other service during working hours at 1-800- substantially incomplete.One of the applicable laws. 877-8339. ways that a Plan may be determined Both revisions would also make clear SUPPLEMENTARY INFORMATION: substantially incomplete is if HUD that compliance with the requirement to affirmatively further fair housing would Statutory Bases concludes that dda eron,the separaten requiregrantees to have a complete and inaccurate. In addition,the ' q P Section 105 of the Cranston-Gonzalez CDBG certifications may be disapproved accurate analysis of impediments to fair National Affordable Housing Act(42 if not satisfactory to HUD.which would housing choice and to not violate the U.S.C. 12705) established a requirement result in disapproval of the CDBG Fair Housing Act or civil rights laws for the development of a Comprehensive component of the Consolidated Plan. prohibiting discrimination in housing Housing Affordability Strategy(CHAS) The Consolidated Plan regulations programs receiving Federal financial as a condition of a jurisdiction receiving contain an affirmatively further fair assistance.These revisions would serve grants from HUD. primarily CDBG and housing certification.The regulations to provide communities with a clear HOME program funds. (The CHAS define the certification to mean that a idea of the standards that HUD would replaced the CDBG Housing Assistance grantee will conduct an"analysis of use in both reviewing certifications Plan requirement.)The CHAS includes impediments to fair_housing`cfioice included as part of a grantee's a certification that jurisdictions within the jurisdiction,take appropriate Consolidated Plan submission,as well receiving the HUD grants will actions to overcome the effects of any as determining CDBG grantees' affirmatively further fair housing. impediments identified through that compliance with the statutory Section 104(b)(2)of the Housing and analysis,and maintain records reflecting requirements of the CDBG program to Community Development Act of 1974 the a ams and actions j.n this regard" affirmatively further fair housing. (HCD Act),as amended. (42 U.S.C. (§§91.225(a)(1),91.325(a)(1) and • DATES: Comment Due Date:December 5304),the governing statute for the 91.425(a)(1)].The an ' of 7.---"N 28, 1998. CDBG program.requires that each impediments is not restricted to the ADDRESSES:Interested persons are grantee certify to HUD's satisfaction that design and operation of}UD-funded invited to submit comments regarding (1) the grant will be conducted and programs within a grantee's jurisdiction this rule to Rules Docket Clerk,Office of administered in conformity with the but is meant to mens of General Counsel. Room 10276. Fair Housing Act(42 U.S.C.3601-20) c��itio__ns,both rivate,that Department of Housing and Urban and (2) the grantee will affirmatively affect air ousing.choice. Development, 451 Seventh Street. S.W.. further fair housing.Further,section The Consolidated Plan requirement Washington.D.C. 20410-0500. 104(c)(1)of the HCD Act authorizes contains a narrow review standard and Communications should refer to the CDBG Entitlement grants to be made a review time frame of 45 days(after above docket number and title. only to a grantee that is following an which a Plan may be deemed approved Facsimile(FAX) comments are not approved CHAS.Section 104(e)of the automatically unless the Department . Federal Register/Vol. 63, No. 208/Wednesday. October 28, 1998/Proposed Rules 57883 specifically notifies a jurisdiction that determined to have violated the Fair the certification is inaccurate if: (1) the the Plan has been disapproved). Housing Act, the narrow disapproval analysis of impediments to fair housing Disapproval of a Consolidated Plan standard for the Consolidated Plan choice is inaccurate or substantially results in the withholding of all CPD complicates the withholding of CPD incomplete based on generally available formula grant funds for a grantee unless grant funds, despite the Department's facts and data: (2) the actions taken do and until an adequate submission is clear mandate to ensure compliance not address an identified impediment made within an established time frame. with Fair Housing Act requirements. (eliminate an impediment within the The CDBG Program's Greater Confusion has also resulted over what it grantee's control or overcome the effects Flexibility To Require Grantee Actions means to have a"complete" of an impediment that is outside the Consolidated Plan as well as the grantee's control) or do not result in in Connection With Grant Award or o Improve Performance language of the certification which is meaningful and measurable progress:or written in the future tense (that grantees (3) the grantee (a) has been charged with The CDBG Entitlement regulations "will"conduct an analysis). a violation of the Fair Housing Act by were amended with the Consolidated HUD, (b) is the defendant in a Fair Plan regulations so that the affirmatively Purpose of the Proposed Rule Change Housing Act lawsuit filed by the U.S. further fair housing certification has the The Department seeks to foster Department of Justice,or(c) has same requirements in the CDBG effective fair housing strategies and to received from HUD a letter of regulations as in the Consolidated Plan provide clear guidance to local • noncompliance findings involving regulations. See§570.601(a)(2).A communities to help them in their housing under title VI of the Civil Rights determination made by HUD that a efforts to responsibly identify and solve Act of 1968,section 504 of the CDBG grantee is not affirmatively fair housing problems,as these grantees Rehabilitation Act of 1973 or section furthering fair housing,however,offers strive to achieve their own visions of 109 of the HCD Act,and the grantee has a wider array of opportunities for "viable urban communities." not resolved such charge,lawsuit,or resolution in connection with either Furthermore,the Department believes letter of noncompliance findings to the making the CDBG grant or applying . that grantees receiving CPD formula satisfaction of HUD. sanctions because of the statutory grant funds not only have the These amendments would make clear review authority in the HCD Act(e.g., responsibility to identify and endeavor that a grantee must(1) have a complete requesting special assurances:seeking to overcome impediments to fair and accurate analysis of impediments to voluntary compliance:or taking actions housing choice,but clearly should not fair housing choice before submitting its to reduce or withdraw a grant),whereas be receiving the grant funds if they are Consolidated Plan, (2) be taking evaluation of the grantee's affirmatively in violation of the Fair Housing Act.At appropriate actions to eliminate the furthering activities in the context of the the same time,the Department wishes to impediments within the grantee's Consolidated Plan offers only one ensure more objective application of control and overcome the effects of opportunity for HUD action(i.e., requirements and to ensure that grantees identified impediments outside the disapproval of a Consolidated Plan). have a current and accurate analysis of grantee's control,and'(3) comply with Furthermore, corrective actions with impediments to fair housing choice in the Fair Housing Act and other statutes . respect to the CDBG program are not place at the time of grant award.To that prohibiting discrimination in housing limited to the Consolidated Plan end,the proposed rule is intended to that the Department enforces.Failure to submission review time frame but can provide specific standards and the bases do so will result in a rejection of its be initiated at any point during a upon which these requirements would Consolidated Plan certification to grantee's program year. be measured—both for purposes of affirmatively further fair housing.The The Need for Clarification receiving CPD formula grant funds and amendments are also designed to clarify to aid the Department in annually what is meant by appropriate actions. While the Department has provided determining that CDBG grantees are in For-example,a grantee that identifies both guidance and training to grantees compliance with applicable certain types of zoning as impediments on meeting the Consolidated Plan fair requirements. to fair housing choice and then holds a housing certification requirements,the housingposter contest as an appropriate Department's experience indicates that Proposed Change to Part 91 action response to the zoni confusion remains over both the This rule would amend impediment could expect HUD to meaning and application of the §§91.225(a)(1),91.325(a)(1) and question the accuracy of Its certification. affirmatively further fair housing 91.425(a)(1) to make clear that a requirements.Notwithstanding the certification to affirmatively further fair Proposed Change to Part 570 • identical statutory predicates for housing means that(1)an analysis of This rule would amend§570.601 to affirmatively furthering fair housing in impediments to fair housing choice has make clear that the requirement to both the CDBG program and the CHAS already been conducted(and would be affirmatively further fair housing means (included now as a Consolidated Plan updated,as appropriate)and(2) the that(1)grantees have conducted an requirement),this confusion has been grantee is taking actions to eliminate analysis of impediments to fair housing complicated by the placement of the identified impediments if the choice before submission of a CDBG requirement in the Consolidated impediments are within the control of Consolidated Plan(and would require Plan regulation at part 91 as a the grantee and to overcome the effects updates to an analysis.as appropriate) certification requirement(which now of other identified impediments,and is and (2) the grantees are taking actions to applies to all CPD formula grant keeping appropriate supporting eliminate identified impediments that programs)while remaining in the CDBG documentation. Amendments are also are within the control of the grantee and regulations at part 570 as a performance made to§91.500(b)(3) to add three to overcome the effects of identified review standard.Certification of standards for a Departmental impediments outside the grantee's compliance with the Fair Housing Act is determination that a grantee's control and are maintaining records in the Consolidated Plan regulations Consolidated Plan certification to reflecting the analysis and actions. applicable only to the CDBG program. affirmatively further fair housing is Section 570.904 would be amended to Thus. in cases where a grantee has been inaccurate.HUD could determine that clarify the distinction between the • 57884 Federal Register/Vol. 63, No. 208/Wednesday. October 28. 1998/Proposed Rules rebuttable presumption of compliance grantee in connection with programs coincide with the grantee's with civil rights nondiscrimination other than the four CPD formula grant Consolidated Plan period or some other requirements versus the standards to programs. For example, a grantee that period of time? (3) Should certain measure performance with the takes discriminatory actions to prevent impediments have a priority for action? requirements for affirmatively furthering a public housing authority from (4) At what point in the future would fair housing. Currently. this section of acquiring or building scattered site the grantee be expected to have the regulation states that the Department public housing units could be eliminated all identified impediments will consider grantees to be in determined to be in violation of the Fair within the grantee's control and taken compliance with applicable equal Housing Act and thus might expect the all possible actions to overcome the opportunity and fair housing criteria Department to challenge its effects of impediments not within the UNLESS there is evidence to the Consolidated Plan certification to grantee's control?Comments are sought contrary.The requirements to affirmatively further fair housing. on whether and how the regulation affirmatively further fair housing and In reviewing performance based on an should address these issues. carry out programs in compliance with existing analysis of impediments to fair States are requested to comment on the Fair Housing Act require, however, housing choice, the Department would the issue of whether the State CDBG positive actions on the part of grantees. expect that a jurisdiction would identify regulations should contain fair housing Moreover, the section no longer actions to be taken based on the analysis performance standards comparable to contains criteria because they were and would have taken such actions,or those proposed under§570:904.The deleted when substantive requirements have begun to undertake actions with a CDBG Entitlement program regulations for affirmatively furthering fair housing reasonable time frame for completion. contain an entire subpart(subpart 0) were added to the Consolidated Plan Further,the appropriateness of the concerning HUD reviews and rule. Accordingly. the introductory actions would be judged on what impact determinations of grantee performance. language is proposed to be deleted in they have had in eliminating Section 570.904.for example,describes paragraph(a)and the paragraph is impediments within the grantee's the review criteria for determining renamed"Nondiscrimination control or overcoming the effects of compliance with equal opportunity and requirements."In addition,the current identified impediments to fair housing fair housing requirements.In contrast. paragraph(b) is proposed to be removed choice that are outside the grantee's the regulatory language governing erformance reviews uner the State because it essentially repeats paragraph CO Examples of such appropriate actions ol. CDBG ppro ram is much shorter and less (a).Paragraphs(c)and (d)are reordered are contained in Volume 1 of HUD's detailed.Section 570.493 essentially as paragraphs(b) and(c).As a technical Fair Housing Planning Guide. declares only that HUD shall make such .,. matter, the regulation is amended to specifically,Chapter 3,Appendix A,the reviews and audits as are necessary to reflect that the Fair Housing Act also Chapter 4 Appendix and throughout determine whether a State is in prohibits discrimination based on Chapter 5.A detailed discussion of compliance with the various disability or familial status. grantee actions,in general, is the focus requirements of the Act and other This section of the regulation is also of Volume 2 of the Fair Housing applicable laws. amended to specify three performance Planning Guide. This rule proposes to clarify the review standards that HUD will use to Comments are specifically sought on review standard(at§570.904) determine whether a grantee has (1) the clarity and usefulness of the • concerning fair housing performance for affirmatively furthered fair housing. standards in assisting the Department's entitlement communities.There is no Two of the standards are: (1) that the review of a grantee's compliance with comparable review standard being analysis of impediments to fair housing its certification to affirmatively further proposed for States because there is no choice is accurate and substantially fair housing.both as part of a comparable section in the State program complete based on generally available Consolidated Plan submission and as a regulations.This proposed rule seeks to facts and data,and(2) that the actions CDBG performance review requirement: ensure more objective determinations of taken to eliminate the impediments and(2)the identification of any compliance with fair housing within the grantee's control or overcome unintended consequences in applying requirements.It also seeks to resolve the the effects of identified impediments these requirements that would frustrate discontinuity between HUD's limited outside the grantee's control result in the purposes of,or otherwise impede a authority for action under the meaningful and measurable progress. grantee's ability to comply with, fair Consolidated Plan rule and HUD's The third standard is a presumption by housing requirements. broader authority to undertake HUD that a grantee has not violated the Most grantees completed their performance reviews under the CDBG civil rights laws prohibiting analysis of impediments to fair housing program rules.Not including specific discrimination in housing unless the choice last year and are now taking review standards for the State CDBG grantee(a) has been charged with a actions to address identified program.however,means that the violation of the Fair Housing Act by impediments.Thus,grantees'concerns disparity and ambiguity over standards HUD. (b) is the defendant in a Fair are now generally focused on how HUD for performance will still exist for Housing Act lawsuit filed by the U.S. will view the appropriateness and States.The difference between the Department of Justice,or(c) has sufficiency of their actions.The CDBG program regulations for States received from HUD a letter of proposed regulation is intended to and for Entitlement communities could noncompliance findings involving provide for a more objective also impart the false impression that housing under title VI of the Civil Rights determination of appropriateness.The HUD is more concerned about fair Act of 1968.section 504 of the regulation does not specifically address. housing performance under the Rehabilitation Act of 1973 or section however,the following issues: (1) Is a Entitlement program than under the 109 of the HCD Act,and the grantee has grantee required to take actions to State program.On the other hand.if not resolved such charge. lawsuit,or eliminate or overcome the effects of all HUD revises§570.493 to Include fair letter of noncompliance findings to the identified impediments?(2) Must the housing performance standards satisfaction of HUD.Such violations actions be taken each program year,or comparable to those proposed under could result from actions taken by the over a period of time—which may §570.904,the State program regulations . Federal Register/Vol. 63. No. 208/Wednesday, October 28, 1998/Proposed Rules 57885 would be far more specific about fair Grant entitlement program is 14.218 and §91.325 Certifications. housing performance than about other for the State CDBG program is 14.228. (a) General—(1)Affirmatively program requirements.This likewise List of Subjects in 24 CFR Part 91 furthering fair housing. Each State is could convey a false impression that required to submit a certification that it HUD is more concerned about fair Aged, Grant programs—housing and will affirmatively further fair housing housing performance by States than community development, Homeless, which means that it will assume the about other CDBG program Individuals with disabilities, Low and responsibility of fair housing planning requirements. Comments on these State moderate income housing.Reporting by having conducted a complete and CDBG issues are therefore requested. and recordkeeping requirements. accurate analysis of impediments to fair Findings and Certifications List of Subjects in 24 CFR Part 570 housing choice within the State (with periodic updates,as appropriate): is Environmental Impact Administrative practice and taking appropriate actions to overcome procedure.American Samoa, the effects of anyimpediments with AFinding oo the f No Significant t Impact fthis Community development block grants, identified throuh that analysis outside P Grant programs—education,Grant the State's control and to eliminate rule has been made in accordance with programs—housing and community identified impediments within the HUD regulations at 24 CFR part 50. development,Guam,Indians.Lead State's control;and is maintaining which implement section 102(2)(C) of poisoning,Loan programs—housing and records reflecting the analysis and the National Environmental Policy Act community development,Low and actions in this regard. (See of 1969.The Finding of No Significant moderate income housing,New §570.487(b)(4)of this title.) Impact is available for public inspection communities.Northern Mariana Islands, * * * * * between 7:30 a.m. and 5:30 p.m. Pacific Islands Trust Territory,Pockets 4.Section 91.425 is amended b weekdays in the Office of the Rules of poverty.Puerto Rico,Reporting and revising a y Docket Clerk.Office of the General recordkeeping requirements,Small ( )(1)(i) to read as Counsel.Department of Housingand d g d follows: P cities, Student aid,Virgin Islands. Urban Development. Room 10276. 451Accordingly,the Department §91.425 Certifications. Seventh Street, S.W.,Washington, D.C. proposes to amend parts 91 and 570 of (a) Consortium certifications—(1) 20410. title 24 of the Code of Federal General—(i) Affirmatively furthering fair Regulatory Flexibility Act Regulations as follow: housing.Each consortium must certify that it will affirmatively further fair The Secretary. in accordance with the PART 91—CONSOLIDATED housing which means that it will Regulatory Flexibility Act(5 U.S.C. SUBMISSION FOR COMMUNITY assume the responsibility of fair housing 605(b)).has reviewed this rule before PLANNING AND DEVELOPMENT planning by having conducted a publication and by approving it certifies PROGRAMS complete and accurate analysis of that this rule would not have a impediments to fair housing choice on a significant economic impact 1.The authority citation for part 91 g P continues to read as follows: within the area(with periodic updates. • substantial number of small entities. as appropriate):is taking appropriate There are no anti-competitive Authority:42 U.S.C.3535(d).3601-3619, actions to overcome the effects of any discriminatory aspects of the rule with 5301-5315, 11331-11388. 12701-12711. < impediments identified through that regard to small entities and there are not 12741-12756.and 12901-12912. analysis outside the consortium's any unusual procedures that would 2.Section 91.225 is amended by control and to eliminate identified need to be complied with by small revising paragraph(a)(1) to read as impediments within the consortium entities.Nevertheless, the Department is follows: members'control;and is maintaining sensitive to the fact that the uniform records reflecting the analysis and application of requirements on entities §91.225 Certifications. actions in this regard. of differing sizes often places a (a) * * * * * * * * disproportionate burden on small (1)Affirmatively furthering fair 5.Section 91.500 is amended by businesses.The Department.therefore, housing.Each jurisdiction is required to adding a sentence to the end of is soliciting alternatives for compliance submit a certification that it will (b)(3) to read as follows: from small entities as to how these affirmatively further fair housing which paragraph small entities might comply in a way means that it will assume the §91.500 HUD approval action. less burdensome to them. responsibility of fair housing planning * * * * * by having conducted a complete and (b) * * * Executive Order 12612.Federalism accurate analysis of impediments to fair (3) * * * A jurisdiction's certification The General Counsel,as the housing choice within the jurisdiction to affirmatively further fair housing • Designated Official under section 6(a)of (with periodic updates.as appropriate): would be determined to be inaccurate if Executive Order 12612.Federalism,has is taking appropriate actions to the jurisdiction has no supporting determined that this rule does not have overcome the effects of any records:the jurisdiction's analysis of "federalism implications"because it impediments identified through that impediments to fair housing choice " does not have substantial direct effects analysis outside the jurisdiction's (with periodic updates)is inaccurate or on the States(including their political control and to eliminate identified substantially incomplete based on subdivisions).or on the distribution of impediments within the control of the generally available facts and data. power and responsibilities among the jurisdiction:and is maintaining records including,but not limited to,Home various levels of government. reflecting the analysis and actions in Mortgage Disclosure Act data,facts this regard. disclosed in a HUD civil rights Catalog of Federal Domestic Assistance * * * * * monitoring or compliance review,a The Catalog of Federal Domestic 3.Section 91.325 is amended by civil action brought by the U.S. • Assistance Program number assigned to revising paragraph(a)(1) to read as Department of Justice or private parties. • the Community Development Block follows: and public and private studies of 57886 Federal Register/Vol. 63, No. 208/Wednesday, October 28, 1998/Proposed Rules housing discrimination affecting §570.601 Public Law 88-352 and Public (b) Affirmatively furthering fair residents of the grantee jurisdiction:the Law 90-284;affirmatively furthering fair housing. HUD will review to determine housing; Executive Order 11063. actions taken by the jurisdiction to whether the grantee is affirmatively eliminate impediments within the (a) * * furthering fair housing in accordance grantee's control and overcome the (1) Public Law 88-352,which is title with§570.601(a)(2). effects of other identified impediments VI of the Civil Rights Act of 1964 (42 1 HUD will determine whether: to fair housing choice were not U.S.C. 2000d et seq.). and implementing (I) appropriate because the actions did not regulations in 24 CFR parts 1 and 100. (i) The grantee's analysis of address an identified impediment or did (2) * * * Furthermore, in accordance impediments to fair housing choice not result in meaningful and measurable with section 104(b)(2) of the Act,for (with periodic updates) is accurate and progress in eliminating the impediment each community receiving a grant under substantially complete based on or overcoming the impediment's effects: subpart D of this part, the certification generally available facts and data. or the grantee has been charged with a that the grantee will affirmatively including, but not limited to,Home • violation of the Fair Housing Act byfurther fair housing shall specifically Mortgage Disclosure Act data, facts require the grantee to assume the disclosed in a HUD civil ri hts HUD,is the defendant in a Fair Housing responsibility of fair housing planning g Act lawsuit filed by the U.S. Department monitoring or compliance review,a by conducting a complete and accurate of Justice,or has received from HUD a civil action brought by the U.S. analysis to identify impediments to fair letter of noncompliance findings Department of Justice or private parties, housing choice within its jurisdiction involving housing under title VI of the and public and private studies of (with periodic updates, as appropriate). Civil Rights Act of 1968,section 504 of taking appropriate actions to eliminate housing discrimination affecting the Rehabilitation Act of 1974 or residents of the grantee jurisdiction. Section of the Housing and any impediments identified through Community 109 ofDevelopment Act of 1974, that analysis that are within the (ii)The grantee took appropriate tygrantee's control and to overcome the actions to eliminate any identified and the grantee has not resolved such effects of any identified impediments impediments that are within its control charge, lawsuit,or letter of that are outside its control,and and to overcome the effects of noncompliance findings to the maintaining records reflecting the impediments to fair housing choice satisfaction of HUD. analysis and actions in this regard. identified in the grantee's analysis of * * * * * impediments to fair housing choice that PART 570—COMMUNITY 9.Section 570.904 is amended by are outside its control. An action is DEVELOPMENT BLOCK GRANTS revising paragraphs(a)(1) introductory appropriate if the action addresses an text and (a)(1)(ii), removing the current identified impediment and results in 6.The authority citation for part 570 paragraph(b).redesignating paragraphs meaningful and measurable progress in continues to read as follows: (c) and(d)as(b) and (c) respectively and overcoming the impediment's effects. Authority:42 U.S.C.3535(d)and 5300- revising newly redesignated paragraph (2)Notwithstanding favorable . 5320. (b),to read as follows: determinations under paragraph(b)(1) • 7.Section 570.487 is amended by §570.904 Equal opportunity and fair of this section.HUD may conclude that revising paragraphs (b)(1) and (b)(2) to housing review. the grantee failed to meet its read as follows: (a) Nondiscrimination requirements. responsibility to affirmatively further (1)The Department will presume that fair housing if the grantee has been §570.487 Other applicable laws and the recipient has carried out its CDBG- charged with a violation of the Fair related program requirements. funded program in accordance with Housing Act by HUD,is the defendant * * * * * civil rights certifications and in a Fair Housing Act lawsuit filed by (b) * * * requirements of the Act prohibiting the U.S.Department of Justice,or has (1)Conducting a complete and discrimination unless: received from HUD a letter of accurate analysis to identify * * * * * noncompliance findings involving impediments to fair housing choice (ii)There is evidence that a policy, housing under title VI of the Civil Rights within the State(with periodic updates, practice,standard or method of Act of 1968,section 504 of the as appropriate): administration,although neutral on its Rehabilitation Act of 1973 or section - (2)Taking appropriate actions to face,operates to deny or affect adversely 109 of the HCD Act,and the grantee has eliminate any impediments identified in a significantly disparate way the not resolved such charge. lawsuit,or through that analysis that are within the provision of employment or services, letter of noncompliance findings to the control of the State and to overcome the benefits or participation to persons of a satisfaction of HUD. effects of any impediments outside the particular race,color,religion where * * * * * control of the State; applicable,sex, national origin, age or Dated:September 25. 1998. * * * * * handicap,or fair housing to persons of 8.Section 570.601 is amended by a particular race,color,religion,sex. Andrew Cuomo. revising paragraph (a)(1) and the third disability,familial status.or national Secretary. sentence of paragraph(a)(2) to read as origin,or [FR Doc.98-28812 Filed 10-27-98:8:45 am) follows: * * * * * aILUNG cone 4210-32-P Family Homeless Prevention and Assistance Program 1997-1999 Applicants METRO AREA: Total available: $2,610,000 Total requested: $3,175,163 Applicant Address Amount Anoka county Cheryl Hanks $306,516 Anoka County Income Maintenance 2100 3rd Avenue Anoka, MN 55303 Dakota county Robin Chancey $145,610 Dakota county Employment and Economic Assistance 33 E. Wentworth Avenue West St. Paul, MN 55118 Hennepin county Shirley Hendrickson $1,400,000 plus Hennepin county $500,000 1501 Government Center Minneapolis, MN 55487-0151 Ramsey county Karen Christensen $1,000,000 Ramsey county Human Services 160 East Kellogg Boulevard St. Paul, MN 55101 Scott and Carver Noreen Rossa $59,500 counties Scott County Human Services 428 South Holmes Courthouse 300 Shakopee, MN 55379 Washington county Charlotte Farnum $263,537 Washington county Govt. Center 14900 N. 61st. Street Stillwater, MN 55082 • SFY 98 Minnesota Transitional Housing Program Fund 100 Agency E37 Appr. 083 Org. 4309 Grantees Amount Contract# Advocates Against Domestic Abuse $26,000 98THP0003 Alliance Housing, Inc. $10,000 98THP1029 American Indian Community Housing Org. $15,000 98THP0007 April's Shelter for Unwed Mothers, Inc. $14,500 98THP0954 Arrowhead Economic Opportunity Agency $13,000 98THP0012 33,000 98THP0014 Place Cabrini House $13,200 98THP0138 Care & Share, Inc. $39,000 98THP0028 Catholic Charities of the Archdiocese of St. Paul and Minneapolis $32,800 98THP0031 Catholic Charities of the Diocese of St. Cloud $35,000 98THP0032 Cental Minnesota Housing Partnership, Inc. $15,000 98THP1031 Central MN Task Force on Battered Women $16,877 98THP0981 Central Community Housing Trust of Mips. - $28,000 98THP0036 -Cornerstone Advocacy Service $46,000 98THP0055 East Metro Women's Council $22,000 98THP0069 000 98THP0970 Eden Programs Elim Transitional Housing, Inc. $4 ,251 0 Emma Norton Residence $25,000 98THP0071 Family& Children's Service $20,350 98THP0074 Harriet Tubman Center, Inc. $20,000 98THP0846 Heartland Community Action Agency, Inc. $15,000 98THP0080 Home of the Good Shepherd $22,000 98THP0086 000 98THP0948 House of Charity, Inc. Houston County Women's Resources $15,000 98THP0498 Hubbard County Housing & Redev Authority $15,000 98THP15,000 1030 Incarnation House 95 Jendayi Place, Inc. $23,100 98THP0880 Juel Fairbanks Chemical Dependency Srvcs. $13,200 98THP0098 KOOTASCA Community Action, Inc. $28,000 98THP0100 8,000 98THP0100 La Oportunidad, Inc. -Lakes&Pines Community Action Council, Inc. $12,500 98THP0104 32,500 98THP0106 House, Inc. Listening Ear Crisis Center Project, Inc. $16,000 98THP0878 Mahube Community Council, Inc. $ 5,000 98THP0111 Minnesota AIDS Project $31,000 98THP0123 Northwest Community Action, Inc. $15,000 98THP0143 Our Saviour's Housing $58,000 98THP0208 M Partners for Affordable Housing $44,000 98TH P0113 Perspectives Inc. $38,000 98THP0153 Peta Wakan Tipi $15,000 98THP0642 Prairie Community Waivered Services $16,000 98THP1026 Project Foundation Home Away Centers, Inc. $22,000 98THP0975 Ramsey Action Programs, Inc. $35,000 98THP0160 Range Transitional Housing, Inc. $33,943 98TH P1034 Red Wing Area Coalition for Transitional Hsg. $22,000 98THP0163 Rise Housing, Inc. $45,000 98THP0169 Scott-Carver-Dakota CAP Agency, Inc. $64,579 98THP0181 Simpson Housing Services, Inc. $35,000 98THP0850 St. Joseph's HOPE Community $10,000 98THP0722 The Salvation Army $34,500 98THP0176 The Evergreen House $20,000 98THP0073 The Salvation Army Harbor Light $37,800 98THP0177 Theresa Living Center $20,000 98THP0209 Transitional Housing for Veterans Council -Mn $20,000 98THP0211 Tri-Valley Opportunity Council, Inc. $30,000 98THP0214 Volunteers of America of Minnesota $23,500 98THP0951 Western Community Action, Inc. $36,300 98THP0225 Women's Transitional Housing Coalition, Inc. $42,000 98THP0230 Women's Community Housing, Inc. $27,700 98THP0228 YWCA of St. Paul $40,000 98THP0236 YWCA of Fargo-Moorhead $28,000 98THP0235 TOTAL $1,641,600 6/11/97 CITY OF SHAKOPEE COI V v;,,,, f Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: November 12, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 11/12/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450 including Canterbury Drive) in the amount of $477.29. Action Requested Move to approve the bills in the amount of $1,430,498 .38 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11/12/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 258,619 0 -0 0 11 MAYOR & COUNCIL 75,330 2,294 51,817 69 12 CITY ADMINISTRATOR 225,000 6,661 146,914 65 13 CITY CLERK 182,430 9,502 144,715 79 15 FINANCE 326,090 8,879 266,579 82 16 LEGAL COUNSEL 263,500 7,960 224,847 85 17 COMMUNITY DEVELOPMENT 492,700 12,623 420,868 85 18 GENERAL GOVERNMENT BUILDINGS 148,390 5,096 91,980 62 31 POLICE 1,812,370 53,817 1,472,771 81 32 FIRE 486,860 6,585 372,034 76 33 INSPECTION-BLDG-PLMBG-HTG 261,400 10,978 212,335 81 41 ENGINEERING 417,790 13,793 345,851 83 42 STREET MAINTENANCE 1,228,580 36,787 842,843 69 44 SHOP 125,890 7,194 92,954 74 46 PARK MAINTENANCE 415,960 7,483 339,404 82 91 UNALLOCATED 514,530 -256 374,983 73 TOTAL GENERAL FUND 7,235,439 189,398 5,400,895 75 17 COMMUNITY DEVELOPMENT 485,570 8,165 320,703 66 TOTAL TRANSIT 485,570 8,165 320,703 66 19 EDA 156,600 2,203 58,971 38 TOTAL EDA 156,600 2,203 58,971 38 H d CT cd DI '''...777 a a a as as a a x xxxxxxxxxxxx x x X X H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x W 0 001 0 z W co co co co • 0 rn m 01 01 H H N M H H . . 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O o CO- 4/> L} r N 01 4/1. H v} v} M N ih t0 •c* i/} V' CA- AO. U> N H CLI 0 E4 H zz a H H ••7704 Z w z z H z z Q al 0 0 Z a Z w 5a 0 a w H \ 0 PI W HaXX O OHUZ Z a) 70 al 4 1:14 � A H H + 4 a H a H HA icg al wz H COa 0 Cl) Z a A ,� 01 01 H Q rn H Z 0 H W W Z a) a4 C H W a. C.) H H W W H H a) to a fl.' H w U H d, to 0 H r 0 H CO rn 0 0 0 0 0 0 0 () 0 H ,-I N N M sN sr cr V' Ul H m d' in m V' o H rl d, w w r r r r r CO H 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t C.) 4. w w w w a. w w w w w w w w u. w w 15. 1, CITY OF SHAKOPEE Memorandum TO: Mayor and Council Economic Development Authority Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF Plan Modification Hearing DATE: November 9, 1998 Introduction In order to amend the TIF budget for the pooled districts, a public hearing is required to be held. Council previously set the hearing for November 17, 1998 . Background Council was furnished a packet of documents from bond counsel with my memo dated October 14, 1998 . These documents with attendant Council and EDA action are to amend the pooled TIF budget due to revised projections of TIF revenue. Last years projections were somewhat understated and combined with new factors for 1998, yield a projected increase in available funds for projects previously shown in the TIF plan at higher amounts . The increased funds have been directed to the Chaska Interceptor as provided for in the contract for the interceptor. Please note there is $380, 000 for park projects in Tahpah Park. The modification does not expand or extend the life of any of the pooled TIF Districts nor does it add any projects to the previously listed projects. Because the Planning Commission has not yet acted on the amendment, the action would be to hold the hearing and continue it until December 15, 1998 at 7 : 00 P.M. and adopt the resolution at that time. Attached are copies of the TIF forecast and the resolution including the amended budget, and the EDA resolution. Action Requested Open public hearing, receive comments and continue the hearing until December 15, 1998 at 7 : 00 P.M. CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1, 3, 7 and 9 AND A MODIFIED REDEVELOPMENT PLAN FOR THE MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 BE IT RESOLVED By the City Council ("Council")of the City of Shakopee("City") as follows: Section 1. Recitals. 1.01. The City has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the"Project")pursuant to Minn. Stat. Section 469.001 to 469.047 1.02. Within the Project the City has created Tax Increment Financing Districts Nos. 1, 3, 7 and 9 (the "TIF Districts")pursuant to Sections 469.174 to 469.179 (collectively,the "TIF Act"); and 1.03. The Project and the TIF Districts are now administered by the Economic Development Authority for the City of Shakopee("Authority"). 1.04. The Authority and City have determined to consider a modification of the redevelopment plan ("Project Plan") for the Project and the tax increment financing plans ("TIF Plans") for the TIF Districts, as described in a modification document presented to the Council on this date. 1.05. The modified Project Plan and TIF Plans were, in accordance with the HRA Act and TIF Act, referred to the City planning commission which submitted to the City its written opinion that such plans conform to the general plan for the development of the City as a whole. 1.06. Estimates of the fiscal and economic implications of the modified TIF Plans were presented to the school board of Independent School District No. 720 and to the county board of commissioners of Scott County at least 30 days before the public hearing on the TIF Plans, all in accordance with the TIF Act. 1.07. By resolution dated December 15, 1998,the Authority approved the modified Project Plan and TIF Plan and referred them to the Council for public hearing and consideration. 1.08. This Council has fully reviewed the contents of the modified Project Plan and TIF Plans and this date conducted a duly noticed public hearing thereon, at which the views of all interested persons were heard. Section 2. Findings; Redevelopment Project. 2.01. It is hereby found and determined that within the Project as modified there exist conditions of economic obsolescence, underutilization and inappropriate uses of land constituting blight within the meaning of the HRA Act. The findings stated in the modified Project Plan are incorporated herein by reference. SJB-151534 SH235-5 2.02.It is further specifically found and determined that: a) the land within the Project as modified would not be made available for development without the public intervention and financial assistance described in the Project Plan; b) the Project Plan as modified will afford maximum opportunity,consistent with the sound needs of the City as a whole,for the development of the Project by private enterprise; and c) the Project Plan as modified conforms to the general plan for development of the City as set forth in the comprehensive municipal plan. Section 3.Findings TIF District Nos. 1, 3,7 and 9. 3.01. It is found and determined, and it is the reasoned opinion of the Council, that the redevelopment of the Project as described in TIF Plans, as modified, could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the use of tax increment financing for assistance as described in the TIF Plans as modified is deemed necessary. 3.02. The proposed public costs to be financed in part through tax increment fmancing are necessary to permit the City to realize the full potential of the Project in terms of development intensity, employment opportunities and tax base. 3.03.The modified TIF Plans conform to the general plan of development of the City as a whole. 3.04. The modified TIF Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise. 3.05. TIF District No. 1 remains a TIF District established before August 1, 1979 and is not subject to the TIF Act except as described in the modified TIF Plan therefor; TIF District No. 3 remains a redevelopment district under the TIF Act in effect upon approval of the TIF Plan for that TIF District; and TIF District Nos. 7 and 9 remain economic development districts under the TIF Act in effect upon approval of the TIF Plans for those TIF Districts. 3.06. The approval of the modified TIF Plans is intended, and in the Cites judgment its effect will be,to promote the public purposes and accomplish the objectives specified in the TIF Plans and the Project Plan. 3.07. The reasons and supporting facts on which findings in this Section are based include the reports and recommendations of City staff regarding unmet redevelopment needs within the Project, as well as reasons and facts set forth in each TIF Plan and the Project Plan as a whole. Section 4. Plans Adopted;Filing. 4.01.The modified Project Plan and TIF Plans are hereby approved and adopted. 4.02. The Authority is authorized and directed to file a copy of the modified Project Plans and TIF Plans with the Minnesota Commissioner of Revenue as required by the TIF Act. SJB-151534 2 SH235-5 Approved by the City Council of the City of Shakopee this 15th day of December, 1998. Mayor Attest: City Clerk SJB-151534 3 SH235-5 MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND MODIFICATIONS OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 3, 7 AND 9 I. Background. The Shakopee Economic Development Authority("Authority")currently administers the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project"). Within the Project, the Authority administers Tax Increment Financing Districts ("TIF Districts") Nos. 1, 3, 7 and 9 (among other districts not addressed in this document). The Project is governed by a Housing and Redevelopment Plan ("Project Plan"), which generally describes the overall objectives for the Project and contains estimates of public improvement costs (Section 1.7) and descriptions of public improvements (Section 1.8). Except as described below, each TIF District is also governed by a tax increment financing plan ("TIF Plan"), which is incorporated into the Project Plan. Generally, the budget of expenditures for each TIF Plan is described by cross-reference to Section 1.7 of the Project Plan. The Authority and City have determined a need to modify the Project Plan and the TIF Plans for the cited 111. Districts. The purpose of this modification is to summarize expenditures to date and modify the budget for future expenditures. TIF District No. 1 was established prior to August 1, 1979 under the predecessor statute to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). As such, this TIF District is not generally subject to the requirements of Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act"). However, under Section 469.179, subd. 2, if development or redevelopment activity of this "Pre-1979" district is extended beyond the scope of activity set forth in the redevelopment plan under the HRA Act after May 1, 1988, the Authority must, with regard to the new activity, conform to the provisions of the TIF Act. Accordingly, to the extent any activity described in this modification extends beyond the scope of the Project Plan as of May 1, 1988, this document is intended to constitute a tax increment plan for TIF District No. 1 for the purposes of complying with Section 469.179, subd. 2. Nothing in this document is intended to alter the status of TIF District No. 1 as a"pre-1979" district for the purposes of the TIF Act. II. Redevelopment and TIF Plan Modifications. The tables attached as Exhibit A modify Subsection 1.7 of the Project Plan and the comparable "estimated public cost" sections of the TIF Plans for TIF District Nos. 1, 3, 7 and 9. Consistent with the existing Project Plan, it remains the Authority's intent that all public costs set forth in the Project Plan may be financed by expenditures from any of the named TIF Districts, subject to any limitations otherwise imposed on expenditures from any TIF District under the TIF Act. The Project Plan and each TIF Plan remain in full force and effect and are not modified except as SJB134433 SH235-5 provided in this document. III. Estimated Impact on other Taxing Jurisdictions. The Authority believes that the TIF Plan modifications described herein have no fiscal impact on other taxing jurisdictions, as the modifications do not add new property to any TIF District, propose any increase in captured tax capacity, or extend the duration of any TIF District. Rather, the purpose of the modifications is to increase and revise the budget of expenditures from existing projected tax increments,in order to accomplish the redevelopment goals for the Project. SJB134433 SH235-5 2 City or Shakopee •EXHIBIT A The Increment Budget Amendment Districts 1.9 1998 Amendment TIF District 1 Sources Through 1597 kW.* Told ax Increment 928,572,371 14,742,788 933,316159 Merest Income 7,430,835 170,000 7,600,835 Bond Proceeds 29,178632 29,178.932 Loan Proceeds 500,000 - 500,000 Real Estate Sales 1,139.468 1,139.468 Special Assessments 226978 226975 RemULease 44,252 - 44,252 Stats Aid Construction 1,756,291 1,756281 Transfer in District at District 12 340,602 - 340,602 District 173 361,927 85,593 447,520 District 14 2,221,636 2221.636 District 16 222.147 222,147 District/7 91,415 41,705 133.120 District 19 5,199 682.968 668,167 Transfer From Other Funds - General Fund 1 72 72 Capital Improvement Fund 108,669 106,669 Teti/Sources 72202,764 5,723,054 77,925,838 Project Costs Lad Acguisition/Writadown KMart 1,139,468 1,136468 tfiphriss - Mcbco • FMG ' Block 3 d 41,741255 50.990 1.792.245 Subtotal 2,680,723 50,990 2,931,713 Site Improvements Mart 1,598,915 1,596,915 81.354 175.731 178,731 FMG Subtotal 1,777,646 - Public Utilities 104art 1,576,045 1,576,045 Highrise Offsite Storm Drainage 6,646,911 6,646,911 Raba Force Main304,765 304,765 Chaska Interceptor - 1,634,565 1,634,565 Subtotal 8,527,721 1,634,565 10,162286 Parking Facilities - Streets&Sidewalks 210,916 210,916 Offsite-Track 2,932,395 2,932.395 Downtown 3.035.420 3,035,420 K91art 158,497 156,497 South Bypass 1,136,454 1,136,454 169 Bridge/junction 1,922,808 1.922,508 Downtown Meys 500,000 500,000 9,896,490 - 9,896,490 Public Parks Park Improvements - Tatkpah Stadium Restrooms 380,000 380.000 SodalReclConference 5,699,367 90,000 5,789,367 5,699,367 470,000 8,169,367 Bond Principal 25,420.000 3,695,000 29,115,000 Bond Interest 10,707955 445.420 11,153,375 Loan Principal 82,900 417.100 500,000 Loenlnote Interest 25.109 13,035 38,147 36,235,964 4,570,558 40606,522 Administrative Costs 4,140,420 Debt Service 379,571 13,000 392,571 KMArt Project 48,476 48,476 Highnse • Hipuise Relocation • Downtown - MoW 189 Bridge/junction 22,785 22,765 Drainage 34,863 34,883 So.Bypass 23,179 23.179 HRAIEDA 228,720 228,720 °Rate 33,875 33,575 Downtown 9,967 9,987 Mebco Civic Center 15,301 15,301 City 439,000 439,000 FMG Block 3 d 4 25,778 25,776 Block 3 8 4 Relocation 355,907 40 355,947 Subtotal 1,645,460 13,040 1,658,500 Other Iso pmts 1,755,976 316,036 2.072,012 Relocation Returned for Distribution • Subtotal 1,755,976 316,036 2,072,012 Total uses of Funds 68,419,347 7,065,189 75,474,536 Transfer To Other Districts (asbic at District a4 2.356626 2,356,526 District 86 94,776 94,776 District 810.41 Transfer To Other Funds - Total Other Uses 2.451.302 . 2,451,302 Excess(deficiency)of Revenues over Expenditures 91,332,135 (11,332,135) ($0) A-1 City of Shakopee Tax Increment Budget Amendment 1998 Amendment TIF District 3 i TIF District 7 • Sources Through 1997 Fugue Total / Through 1987 Future Total ax In rement 3550.247 393,036 3843.283 i 3270.343 341,705 3312.048 Interest Income • i 5,904 5,904 Bond Proceeds 159.186 159,183 0 Loan Proceeds - i 157,984 157,984 Real Estate Sales i - Special Assessments I - Rentllease f State Aid Construction i - Transfer in f - District 11 i - Dtstrid 12 • i - - District 103 I - District 14 - i - District 6 - f -_ District 17 - f District 19 - f - Transfer From Other Funds I - General Fund f Capital Improvement Fund f Total Sources 700,433 8r -"War 0 434131 41,705 475,938 f Project Coats Lander I KMart - f HigMtse - i Mateo - 0 142,682 142,882 FMG • f - Biodt 3 6 4 i - Subtotal - • - 1 142,682142,682 Site Improvements f KMart f BL 364 FMG I Subtotal - • I - - - • Public Utilities I - f - KMart Higbtise Offsite - f Storm Drainage i - - • Rater Force Main _ i Chaska Interceptor - f Subtotal - - I - - -_ Parking Facilities f Streets d Sidewalks 243,941 243,941 i - Offsite-Track - i - Downtown - f KMart - I - South Bypass - i - 169 Bridget/unction i - Downtown Alleys - 243.941 • 243,941 i - - Public Parks I Pant Improvements - i - Tahpah Stadium Rest ooms _ SocialfRec/Conference - f • I - - • Bond Principal - i - Bond Interest f Loan Principal - i 157,984 157,984 • Loanlnote Interest - I - i 157.984 - 157,984 • Administrative Costs 5 Debt Service - I - KMAn Project - I - • Nighties - I Nightie"Relocation • f Downtown 54,240 54,240 I • Moth - f 189 Bridgefjtsution - I - • I - Drainags . f - So.Bypass HRNEDA I -_ Offsite f • Downtown f Hobosi 15303 15,303 - Civic Center - - i City . FMG - f - Block 3&4 I Block 3&4 Relocation i Subtotal 54240 - 54,240 i 15,303 • 15.303 Other i ISO pmts 49,325 7,443 56,768 I 26,847 26,847 - Relocation - i - Returned for Oistributon - SubtoW 49,325 7,443 I 26.647 - 28,847 Total uses of Funds 347,506 7.443 354,949 I 342,516 - 342,816 I Transfer To Other Districts I District it 361,927 85,593 447,520 I 43,277 41,705 84,9822 District F4 - I - District 16 i - District 110.61 - I 48,138 48,138 Transfer To Other Funds f - I Total Other Uses 361,927 85,593 447,520 I 91,415 41,705 133.120 i Excess(deficiency)of f Revenues over Expenditures 30 30 so 1 50 30 $0 A-2 City of Shakopee " Tax Increment Budget Amendment 1998 Amendment 11F District 9 1 TIF Districts TOTAL Sources t ouN air lnasment 82,170,920 9682.965 92,853,888 I 332,372,232 15,560,497 37,932.729 Interest Income 5,200 5,200 IS 7,851,459 170,000 8,021.459 Bortd Proceeds - i 30,196015 - 30,198015 Loan Proceeds - • i 657,984 - 657.964 Real Estate Saks - 9 1,159468 - 1,159.468 Special Assessments i 228,978 - 228,978 Rent/Lease - 9 44,252 - 44,252 State Aid Construction - I 1,818,757 - 1,818.757 Transfer in I - - - District it - i 94,776 - 94.776 Dishict i2 • I 364,402 . 384,402 District ti - i 361.927 85,593 447,520 '', District i4 - 9 2221,636 - 2,221,638 District#6 - 9 222,147 - 222,147 District#7 - 9 249,399 - 41,705 291,104 District#9 _ 9 5,199 682,968 688,167 Transfer From Other Funds - 9 - _ - General Fund ., i 72 - 72 Capital Improvement Fund • i _ 108,669 - 108.869 Total Sources 2,178,120 -968 i 77,977,972 8,540,763 84,518,735 i Project Costs Land Aegwsiuon/Wrikdown 9 lOAart - 9 1.139,468 . 1.139.468 HBphrise - I 83,965 - 83,965 Mebco - i 142,682 _ 142,682 FUG 1,053,034 1.053,034 I 1,053,034 - 1,053,034 Block 3 6 4 - 8 1,741255 50,990 1,792,245 Subtotal - 1,053,034 i 4,160,404 50,990 4211.394 Stmpmwments i She - IQ1art - 9 1,598,915 - 1,598,915 BL 3 d 4 178,731 - 178,731 FAG 17,293 - 17,293 1 17,293 17,293 Subtotal 17,293 - 17,293 I 1,794,939 - 1,794,939 Public Utilities i Mart - i 1,576,045 1,576,045 Highrise Offsite - * 139,843 - 139,843 Sloan Drainage - i 6,646,911 - 6,648,911 Rahr Force Main - - i 304,765 - 304,765 Chaska Interceptor - - 9 - 1,634,565 1,834,585 Subtotal - 9 8,667,564 1,634,565 10,302,129 Parking Facilities - i - - _ Streets d Sidewalks - i 542,676 - 542,676 Offsite-Track - 9 2,932,395 - 2,932,395 Downtown - i 3,035,420 - 3,035,420 KMart - i 158,497 - 158,497 South Bypass 9 1,138,154 . - 1,138,454 169 Bridge/junction - 9 1,922,808 - 1,922,808 Downtown Alleys - i 500.000 - 500,000 • - - 9 10,228,250 - 10,228,250 Public Parks I Park Improvements - i - - Tahpah Stadkun Restrooms - 380,000 380,000 Social/Rec/Conference _ - i 5,699,367 90,000 5,789,367 - 1 5099367 X0,000 6.169,367 Bond Principal - I 26,290,000 3,695,000 29,985,000 Bond Interest - I 11,077,468 445,420 11,522,868 Loan Principal - I 398,868 417,100 615,965 Loan/note Interest 760,010 760010 I 785,119 13,038 798,157 760,010 - 760,010 i 38,551,455 4,570,558 43,122,013 Administrative Costs 9 Debt Service - 1 379.571 13,000 392.571 K,IArt Project - i 46,478 • 46,476 Highrise - I 11,544 11,544 HigMise Relocation • I 5,819 - 5,819 Downtown - 5 54.240 - 54,240 Motel - I 23,858 - 23,858 169 Bridge/junction - i 22,785 - 22,765 Drainage - 9 34083 - 34,883 So.Bypass - i 23,179 - 23,179 HRA/EDA - I 228,720 - 226,720 Offsite - I 33,875 - 33,875 Downtown - 9 9,967 - 9,987 Mebco • I 15,303 - 15,303 Civic Center • - I 15,301 _ 15,301 City - i 439,000 . 439,000 FMG 59,681 59,881 I 59,881 - 59,881 Block 3&4 - I 25,776 _ 25.776 Block 3 3 4 Relocation - 9 385,907 40 385,947 Subtotal ----Si - 59,881 i 1,816,105 13,040 1,829,145 Other ISO pints 280.703 280,703 I 2,170,425 323,479 2,493,904 Relocation - I _ - - Retumed for Distniadion - 9 40,936 - 40,938 Subtotal 280,703 - 280.703 I 2,211,381 323,479 2,534,840 Total uses of Funds 2,170,921 - 2,170,921 I 73,129,445 7,082,632 80,192,077 i Transfer To Other Distrito I District 11 5,199 682.968 688,167 i 973,152 810266 1,783,416 District#4 - 9 2,356,526 - 2.358,526 District#8 - I 138576 - 138,576 District 110.lI - 1 16,138 - 48,138 Transfer To Other Funds - i _ - I - Total Other Us.a 5,199 682,968 688,167 i 3,516,392 810.266 4,326,656 i Excess(deficiency)of i Revenues over Expenditures SO 00 50 I 11,332135 (81,332.135) ($0) A-3 NOTICE OF PUBLIC HEARING NOTICE is hereby given that the City Council of the City of Shakopee will meet in the City Hall, 129 Holmes Street, Shakopee"Minnesota at 7:00 p.m. on Tuesday, November 17, 1998, to conduct a public hearing on the modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") and modification of the Tax Increment Financing("TIF")Plans for TIF District Nos. 1,3,7 and 9. The boundaries of the Project and each TIF District are shown in the map below. The purpose of the proposed plan modifications is to update and clarify the budget of expenditures for the identified TT Districts. Details on the proposal are contained in the modified Redevelopment Plan and TIF Plans, a draft copy of which will be available for public inspection at the Shakopee City Hall during regular business hours. Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: Judy Cox City Clerk City of Shakopee,Minnesota SJB134434 SH235-5 ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1, 3, 7 and 9 AND A MODIFIED REDEVELOPMENT PLAN FOR THE MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 BE IT RESOLVED By the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee ("Authority") as follows: Section 1. Recitals. 1.01. The City of Shakopee ("City") has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") pursuant to Minn. Stat. Section 469.001 to 469.047 ("HRA Act"). 1.02. Within the Project the City has created Tax Increment Financing Districts Nos. 1,3, 7 and 9 (the "TIF Districts")pursuant to Sections 469.174 to 469.179 (collectively,the"TIF Act"). 1.03. The Project and the TIF Districts are now administered by the Authority. 1.04. The Authority has determined to consider a modification of the redevelopment plan ("Project Plan") for the Project and the tax increment financing plans ("TIF Plans") for the TIF Districts, as described in a modification document presented to this Board on this date. 1.05. The City Planning Commission has provided a written comment to this Board finding that the modified Project Plan and TIF Plans are consistent with the comprehensive City plan. Section 2. Plans Adopted;Further Proceedings. 2.01. The modified Project Plans and the TT Plan are hereby approved and adopted. 2.02. The Board hereby transmits the modified Project Plan and TIF Plans to the Council and recommends that the Council hold the required public hearing and adopt the modified Project Plan and TIF Plans. 2.03. Upon approval of the modified Project Plan and TIF Plans by the Council, Authority staff and consultants are authorized to take all actions necessary to implement those plans. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this 15th day of December, 1998. President Attest: Secretary SJB135304 SH235-5 y V• N N V' O l0 H 010L111.011303111 .,.I V O N O N N N In X 440u) o N 01 10 U) N HI b rNi H M N 0 N N la1 CO y�O '-I Ol ,-i CO l0 l0 M M N H 8CO 4.0. 01 CO 0. 1.11 N 0 V' l0 111 00 M CO M 01 111 l0 \ rl N V3 H 0 CO N111 aD H H t0 lf1 H H HI U m m N O 1, r N 111 H I l0 111 l0 N N N 111 dt cd 1•1 0+ bm tr O H 01 N 01 L hi M H 0 01 01 al IL b N N M "" N M 0 M N N N l0 M M H. — U) H V C? II N E HU 0 4 0 H H O O 0 OO O 0 CO 0 O 0010• O O OO 0 O O OO 000 LC) 111 N O H H n' 0)0 U H IA 01 H 0 0) 0 H WMl NOl NCO ONNOlN 411. N O 111 O 0 tl) N CO M CO M 01 111 l0 Ell F1 N t0 0 M ""1 0) 0 O] DD W N 111 O1 U o 111 O l0 b 0 O CO l0 CO l� N N '•'1 W • N CO Vr 01 N O1 0- a, ro O 7-1 N H al al CO O l0 M % H H Ml d• m m m m m m 1,404 • H N U a N W v} as I ¶ . 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HW O)a coII Ha) 01 01 01 0 0 0 000 HI H H H N NN® OO M rl '�1 N co al 0 H N a) a1 0 H a v 03 'e 4-1 $.1 0 v m m m 0 0 u m m m o o X al a1 a1 0 0 a -1 PI H H H N N 0 HI H HI N N H C!�H H N M V1 N V N an 01 01 HI 01 01 01 01 01 r1 01 N N N N N N N N N N M M M M M M M M M CO CO CO 00 14 p. I . 6 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue,Project No. 1997-1 DATE: November 17, 1998 INTRODUCTION: Attached is Resolution No. 5015, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been completed and all project costs identified with the final project cost of$796,994.10. A breakdown of the final project costs which include construction and engineering/administration costs are as follows: DESCRIPTION AMOUNT ASSESSMENTS Assessed Costs $643,279.12 Assessments City Costs $100,912.83 State Aid/CIF (Street& Storm Water Oversizing) Shakopee Public Utilities $ 12,802.15 SPUC Trunk Water TOTAL PROJECT COSTS $796,994.10 Included in this project are sanitary sewer, watermain, storm sewer, storm water ponding, concrete sidewalk, bituminous trail and street improvements on Vierling Drive, Polk Street and Taylor Street within the plats of Stone Meadows and Arlington Ridge. The previous estimate for this project was $900,000.00. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 5015. 2. Deny Resolution No. 5015. 3. Table Resolution No. 5015. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5015, A Resolution Adopting Assessments for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue and move its adoption. 1 4-11t :nice Loney Public Works Director BL/pmp MEM5015 RESOLUTION NO. 5015 A Resolution Adopting Assessments For Vierling Drive, From Taylor Street To Presidential Lane; Taylor Street, From Vierling Drive To The North Plat Line Of Arlington Ridge First Addition; And Polk Street, From Vierling Drive To 13th Avenue Project No. 1997-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue street construction, bituminous paving, curb & gutter, sidewalk and/or bituminous trail, storm sewer, storm water ponding, sanitary sewer, watermain and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 6.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1999 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. • Mayor of the City of Shakopee ATTEST: City Clerk SS I i VIERLING DRIVE i � I ESTIMATED ASSESSMENT ROLL 1 I 1 Vierling Polk Taylor Lights Total I I 27-228001-0 I PULTE HOMES OF MINNESOTA I LOT 1 BLK 1 $2,434.95! $204.42 j $0.00 I $6.76 $2,646.13 11355 MENDOTA HIS RD,#300 (STONE MEADOWS 1ST ADDN I iMENDOTA HEIGHTS MN 55120 1 I 1 27428002-0IPULTE HOMES OF MINNESOTA ILOT 2 BLK 1 $2,434.95 $204.42 $0.00 ! $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 1STONE MEADOWS 1ST ADDN MENDOTA HEIGHTS MN 55120 I I I 1 I 27-228003-0IPULTE HOMES OF MINNESOTA (LOT 3 BLK 1 $2,434.95 1 $204.42 I $0.00 $6.76 $2,646.13 1355 MENDOTA HIS RD,#300 [STONE MEADOWS 1ST ADDN MENDOTA HEIGHTS MN 55120 II I I 27-228004-0IPULTE HOMES OF MINNESOTA (LOT 4 BLK 1 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 - 11355 MENDOTA HIS RD,#300 ISTONE MEADOWS 1STADDN i MENDOTA HEIGHTS MN 55120 1 I i I 1 27-228005-0 I PULTE HOMES OF MINNESOTA 1LOT 1 BLK 2 $2,434.95 I $204.42!. $0.00 $6.76• $2,646.13 - 11355 MENDOTA HIS RD,#300 (STONE MEADOWS 1ST ADDN : MENDOTA HEIGHTS MN 55120 I I ' I 27-228006-0IPULTE HOMES OF MINNESOTA !LOT 2 BLK 2 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 ;STONE MEADOWS 1ST ADDN I 1 MENDOTA HEIGHTS MN 55120 ! i I 27-228007-0IPULTE HOMES OF MINNESOTA !LOT 3 BLK 2 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1355 MENDOTA HTS RD.#300 'STONE MEADOWS 1ST ADDN !MENDOTA HEIGHTS MN 55120 I I 27-228008-0IPULTE HOMES OF MINNESOTA 'LOT 4 BLK 2 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 ,1355 MENDOTA HTS RD,#300 ,STONE MEADOWS 1ST ADDN ! 1 MENDOTA HEIGHTS MN 55120 I 1 27-228046-0,PULTE HOMES OF MINNESOTA ILOT 1 BLK 13 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 1ST ADDN I I MENDOTA HEIGHTS MN 55120 I I I 27-228047-0II BEATRICE FURE I LOT 2 BLK 13 I $2,434.95 $204.42 $0.00 $6.76' $2,646.13 1768 BOULDER POINTE 'STONE MEADOWS 1ST ADDN i SHAKOPEE MN 55379 i I I I I I 27-228048-0IPULTE HOMES OF MINNESOTA (LOT 3 BLK 13 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1355 MENDOTA HTS RD,#300 'STONE MEADOWS 1ST ADDN 1 I I MENDOTA HEIGHTS MN 55120 I 1 1 1 27-228049-0,PULTE HOMES OF MINNESOTA ;LOT 4 BLK 13 $2,434.95 $204.42 $0.00 $6.76 ' $2,646.13 ,1355 MENDOTA HIS RD,#300 (STONE MEADOWS 1ST ADDN 'MENDOTA HEIGHTS MN 55120 I 1 27-226021-0IIBRIGHTKEYS BLDG&DEVEL CORP !LOT 1 BLK 19 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I ;STILLWATER MN 55082 I I 1 27-226022-0'BRIGHTKEYS BLDG&DEVEL CORP !LOT 2 ELK 19 ! $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE !STONE MEADOWS 1STADDN 1STILLWATER MN 55082 1 I ' 27-226023-0I BRIGHTKEYS BLDG&DEVEL CORP LOT 3 BLK 19 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I I !STILLWATER MN 55082 I 1 I 27-226024-01'.BRIGHTKEYS BLDG&DEVEL CORP 1 LOT 4 BLK 19 I $2,434.95 $204.42 $0.00- $6.76• $2,646.13 11809 NORTHWESTERN AVE [STONE MEADOWS 1ST ADDN ! 1 STILLWATER MN 55082 I 27-226025-0,BRIGHTKEYS BLDG&DEVEL CORP LOT 5 BLK 19 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE ;STONE MEADOWS 1STADDN I I ! 1 STILLWATER MN 55082 ! I ! 27-226026-0 BRIGHTKEYS BLDG&DEVEL CORP ILOT 6 BLK 19 i $2,434.95 $204.42 $0.00 $6.76 $2,646.13 :1809 NORTHWESTERN AVE ,STONE MEADOWS 1ST ADDN ,STILLWATER MN 55082 1 27-226027-0'BRIGHTKEYS BLDG&DEVEL CORP 1LOT 7 BLK 19 I $2,434.95 $204.42 $0.00 $6.76' $2,646.13 1809 NORTHWESTERN AVE STONE MEADOWS 1ST ADDN STILLWATER MN 55082 i 27-226028-0 BRIGHTKEYS BLDG&DEVEL CORP (LOT 8 BLK 19 1 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I STILLWATER MN 55082 Page 1 SS 1 I I 1 1 27-226029-01BRIGHTKEYS BLDG&DEVEL CORP !LOT 1 BLK 20 $2,434.951 $204.421 $0.00 1 $6.76 $2.646.13 11809 NORTHWESTERN AVE (STONE MEADOWS 1ST ADDN 1 i ISTILLWATER MN 55082 1 f 27-226030-01 BRIGHTKEYS BLDG&DEVEL CORP LOT 2 BLK 20 $2,434.95 I $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE I STONE MEADOWS 1ST ADDN 7 ISTILLWATER MN 55082 1 1 1 27-226031-0 I BRIGHTKEYS BLDG&DEVEL CORP !LOT 3 BLK 20 $2,434.95 $204.42 1 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE I STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 1 _ I ! 1 27-226032-0I BRIGHTKEYS BLDG&DEVEL CORP 1 LOT 4 BL-*20 $2,434.95 $204.42! $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1ST ADDN I I STILLWATER MN 55082 1 I I 27-226033-0IBRIGHTKEYS BLDG&DEVEL CORP I LOT 5 BLK 20 $2,434.95 I $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE (STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 I I 1 1 27.226034-0IBRIGHTKEYS BLDG&DEVEL CORP (LOT 6 BLK 20- $2,434.95 1 $204.42 $0.00 I $6.76 $2,646.13 11809 NORTHWESTERN AVE iSTONE MEADOWS 1ST ADDN 'STILLWATER MN 55082 1 27-226035-0 I BRIGHTKEYS BLDG&DEVEL CORP (LOT 7 BLK 20 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE [STONE MEADOWS 1ST ADDN !STILLWATER MN 55082 1 1 1 27-226036-0I BRIGHTKEYS BLDG&DEVEL CORP i LOT 8 BLK 20 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE 1 STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 ' 27-226037-0IBRIGHTKEYS BLDG&DEVEL CORP !LOT 1 BLK 21 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1STADDN I STILLWATER MN 55082 1 1 1 27-226038-0'BRIGHTKEYS BLDG&DEVEL CORP 1 LOT 2 BLK 21 $2,434.95 $204.42 $0.00 $6.76 $2.646.13 11809 NORTHWESTERN AVE 1STONEMEADOWS 1STADDN ISTILLWATER MN 55082 1 ! ! 27-226039-0I BRIGHTKEYS BLDG&DEVEL CORP 1 LOT 3 BLK 21 $2,434.95 $204.42! $0.00! $6.76 I $2,646.13 1809 NORTHWESTERN AVE (STONE MEADOWS 1ST ADDN STILLWATER MN 55082 i 27.226040-0IBRIGHTKEYS BLDG&DEVEL CORP (LOT 4 BLK 21 $2,434.95 $204.42! $0.00 $6.76 $2.646.13 11809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I ISTILLWATER MN 55082 I 1! I i 1 ! 27-226041-0 I BRIGHTKEYS BLDG&DEVEL CORP (LOT 5 BLK 21 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE (STONE MEADOWS 1STADDN 'STILLWATER MN 55082 i 27.226042-0IBRIGHTKEYS BLDG&DEVEL CORP 'LOT 6 BLK 21 $2,434.95 $204.42! $0.00 I $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 1 27-226043-0IBRIGHTKEYS BLDG&DEVEL CORP !LOT 7 BLK 21 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 !1809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I ! ISTILLWATER MN 55082 1 I i '27-226044-0 BRIGHTKEYS BLDG&DEVEL CORP !LOT 8 BLK 21 $2,434.95 $204.42 $0.00 ! $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1ST ADDN I ! ISTILLWATER MN 55082 1 ! 27-226045-0'BRIGHTKEYS BLDG&DEVEL CORP LOT 1 BLK 22 $2.434.95 $204.42 $0.00! $6.76, $2,646.13 11809 NORTHWESTERN AVE I STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 1 ! 27-226046-01BRIGHTKEYS BLDG&DEVEL CORP !LOT 2 BLK 22 $2,434.95 $204.42 $0.00 $6.76 1 $2,646.13 11809 NORTHWESTERN AVE I STONE MEADOWS 1ST ADDN I 1 ISTILLWATER MN 55082 1 1 I 27-226047-0IBRIGHTKEYS BLDG&DEVEL CORP ILOT 3 BLK 22 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN ! ISTILLWATER MN 55082 I I 27-226048-0'BRIGHTKEYS BLDG&DEVEL CORP I LOT 4 BLK 22 $2,434.95 $204.42 $0.00 1 $6.76' $2,646.13 11809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN I !STILLWATER MN 55082 1 1 27-226049-0I BRIGHTKEYS BLDG&DEVEL CORP 1 LOT 5 BLK 22 $2,434.95 $204.42 I $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE (STONE MEADOWS 1ST ADDN I 1 I STILLWATER MN 55082 I I 1 1 1 1 , Page 2 SS 27-226050-0 I BRIGHTKEYS BLDG&DEVEL CORP 'LOT 6 BLK 22 $2,434.95 $204.42 1 $0.00 $6.76 1 $2,646.13 11809 NORTHWESTERN AVE ISTONE MEADOWS 1STADDN ISTILLWATER MN 55082 I I L f f I 27-226051.01BRIGHTKEYS BLDG&DEVEL CORP 'LOT 7 BLK 22 I $2,434.95 I $204.42 $0.00 $6.76, $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1STADON I I ISTILLWATER MN 55082 1 I I 27-226052-01 BRIGHTKEYS BLDG&DEVEL CORP I LOT 8 BLK 22 $2,434.95 $204.42 $0.00 I $6.76 I $2,646.13 11809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN ISTILLWATER MN 55082 I I I I I 1 I I i 27-226053-0 I BRIGHTKEYS BLDG&DEVEL CORP ILOT 1 BLK 23 $2,434.95; $204.42 $0.00 $6.76 1 $2,646.13_ 11809 NORTHWESTERN AVE (STONE MBIDOWS 1ST ADDN ISTILLWATER MN 55082 I 1 1 1 27-226054-0 I BRIGHTKEYS BLDG&DEVEL CORP LOT 2 BLK 23 I $2,434.95 $204.42 $0.00! $6.76 $2,646.13 11809 NORTHWESTERN AVE tSTONE MEADOWS 1ST ADDN I ISTILLWATER MN 55082 1 1 27-226055-0IBRIGHTKEYS BLDG&DEVEL CORP 1 LOT 3 BLK 23 $2,434.95 I $204.42 I $0.00 $6.76 I $2,646.13 11809 NORTHWESTERN AVE !STONE MEADOWS 1STADDN 1 ! I I ISTILLWATER MN 55082 1 27-226056-OI BRIGHTKEYS BLDG&DEVEL CORP I LOT 4 BLK 23 $2,434.95 $204.42 $0.00 I $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1ST ADDN I ISTILLWATER MN 55082 1 j i I i I 27-226057-0 I BRIGHTKEYS BLDG&DEVEL CORP I LOT 5 BLK 23 $2,434.95 $204.42 $0.00 $6.76- $2,646.13 1809 NORTHWESTERN AVE !STONE MEADOWS 1ST ADDN ' 1 STILLWATER MN 55082 I I i 27-226058-0IBRIGHTKEYS BLDG&DEVEL CORP [LOT 6 BLK 23 1 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE 'STONE MEADOWS 1ST ADDN ;STILLWATER MN 55082 I ! I I 27-226059-0 I BRIGHTKEYS BLDG&DEVEL CORP ,LOT 7 BLK 23 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE [STONE MEADOWS 1ST ADDN I ISTILLWATER MN 55082 27-226060-0,BRIGHTKEYS BLDG&DEVEL CORP !LOT 8 BLK 23 $2,434.95 $204.42 $0.00 $6.76 1 $2,646.13 11809 NORTHWESTERN AVE ISTONE MEADOWS 1ST ADDN STILLWATER MN 55082 27-226066-0 RESIDENTIAL DEVELOPMENT INC ;LOT O/L BLK K I $94,274.15 $7.914.64 $0.00 $261.72 1 $102,450.51 ;15CHOCTAW CIR iSTONE MEADOWS 1STADDN ;CHANHASSEN MN 55317 I I 27-227001-0 DAVID A&KATHRYN D DANSON ;LOT 1 BLK 14 1 $2,434.95 $204.42 $0.00; $6.76 $2,646.13 1804 PRESIDENTIAL LN [CIC 1043 STONE MEADOWS BR KEYS I I SHAKOPEE MN 55379 I 27-227002-0:AMY S FLOOD !LOT 2 BLK 14 I $2.434.95 $204.42 $0.00- $6.76 $2,646.13 1808 PRESIDENTIAL LN CIC 1043 STONE MEADOWS BR KEYS :SHAKOPEE MN 55379 I i I 1 i i 27-227003-0;PARK GROVE DEVELOPMENT :LOT 3 BLK 14 $2,434.95 $204.42 $0.00 $6.76! $2,646.13 11809 NORTHWESTERN AVE 'CIC 1043 STONE MEADOWS BR KEYS I ISTILLWATER MN 55082 1 I I I I I I I 27-227004-0!PARK GROVE DEVELOPMENT i LOT 4 BLK 14 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE CIC 1043 STONE MEADOWS BR KEYS I STILLWATER MN 55082 1 27-227005-0 BRIGHTKEYS BLDG&DEVEL CORP LOT 1 BLK 15 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE !CIC 1043 STONE MEADOWS BR KEYS :STILLWATER MN 55082 ! I I 1 27-227006-0 BRIGHTKEYS BLDG&DEVEL CORP 'LOT 2 BLK 15 1 $2,434.95 $204.42 $0.00 i 56.76 $2,646.13 1809 NORTHWESTERN AVE 'CIC 1043 STONE MEADOWS BR KEYS 1 I STILLWATER MN 55082 i I 27-227007.0'BRIGHTKEYS BLDG&DEVEL CORP 'LOT 3 BLK 15 $2,434.95 5204.42 $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE CIC 1043 STONE MEADOWS BR KEYS ;STILLWATER MN 55082 l 1 27.227008-O:JOAN N FEROZZO !LOT 4 BLK 15 $2.434.95 $204.42 $0.00 $6.76! $2,646.13 .1621 MEADOW LN 'CIC 1043 STONE MEADOWS BR KEYS I I I :SHAKOPEE MN 55379 I I j I I 27-227009-0 STEVE J&STEPHEN F LUPTAK :LOT 5 BLK 15 I $2,434.95 $204.42 $0.00 $6.76 $2.646.13 ,1625 MEADOW PL CIC 1043 STONE MEADOWS BR KEYS I I SHAKOPEE MN 55379 I I ! I 1 I I I I I Page 3 SS 27-227010-0I KAREN A KRABATH LOT 6 BLK 15 $2,434.95 $204.42 1 $0.00 1 $6.76 I $2,646.13 11629 MEADOW PL CIC 1043 STONE MEADOWS BR KEYS L 1 I SHAKOPEE MN 55379 I 1 J I f I 27-227011-01BRIGHTKEYS BLDG&DEVEL CORP LOT 1 BLK 161 $2,434.95 $204.42 I $0.00 $6.76 1 $2,646.13 11809 NORTHWESTERN AVE CIC 1043 STONE MEADOWS BR KEYS STILLWATER MN 55082 ! I 1 27-227012-0IJAMES R KNUDSON LOT 2 BLK 16 $2,434.95 $204.42 $0.00 $6.76 I $2,646.13 11648 MEADOW PL • CIC 1043 STONE MEADOWS BR KEYS ISHAKOPEE MN 55379 I 1 1 27-227013-01 BRIGHTKEYS BLDG&DEVEL CORP LLOT 3 BLK 16 $2,434.95 t $204.42 $0.00 I $6.76! $2,646.13 11809 NORTHWESTERN AVE CIC 1043 SONE MEADOWS BR KEYS ISTILLWATER MN 55082 27-227014-0BRIGHTKEYS BLDG&DEVEL CORP LOT 4 BLK 16 $2,434.95 I $204.42! $0.00! $6.76 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS ISTILLWATER MN 55082 1 i I i I i 27-227015-0I ROBIN P LAMBRECHT ILOT 5 BLK 16 I $2,434.95 $204.42 $0.00 $6.76! $2,646.13 11653 BOULDER POINTE ICIC 1043 STONE MEADOWS BR KEYS SHAKOPEE MN 55379 I 1 1 27.227016-01 BRIGHTKEYS BLDG&DEVEL CORP !LOT 6 BLK 16 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE !CIC 1043 STONE MEADOWS BR KEYS 1 j I STILLWATER MN 55082 1 I i 27.227017-01 BRIGHTKEYS BLDG&DEVEL CORP LOT 7 BLK 16 $2,434.95 1 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I 1 !STILLWATER MN 55082 ! 1 27-227018-0!BRIGHTKEYS BLDG&DEVEL CORP !LOT 8 BLK 16 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 ,1809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS STILLWATER MN 55082 i I 27-227019-0:BRIGHTKEYS BLDG&DEVEL CORP I LOT 1 BLK 17 $2,434.95 $204.42! $0.00' $6.76 $2,646.13 1809 NORTHWESTERN AVE I CIC 1043 STONE MEADOWS BR KEYS ! I ISTILLWATER MN 55082 I I I ! I 27-227020-0 BRIGHTKEYS BLDG&DEVEL CORP LOT 2 BLK 17 $2,434.95! $204.42' $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS STILLWATER MN 55082 I I I 27-227021-0 BRIGHTKEYS BLDG&DEVEL CORP !LOT 3 BLK 17 $2,434.95. $204.42 I $0.00 $6.76! $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I !STILLWATER MN 55082 i I I i I I I 27-227022-0 BRIGHTKEYS BLDG&DEVEL CORP I LOT 4 BLK 17 $2,434.95: $204.42 $0.00 $6.76 I $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS 1 ! ISTILLWATER MN 55082 I 27-227023-01 BRIGHTKEYS BLDG&DEVEL CORP I LOT 5 BLK 17 $2.434.95 $204.42 $0.00 $6.76 $2,646.13 :1809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS STILLWATER MN 55082 I 1 27-227024-0iBRIGHTKEYS BLDG&DEVEL CORP ILOT 6 BLK 17 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS ! ISTILLWATER MN 55082 1 27-227025-01 BRIGHTKEYS BLDG&DEVEL CORP I LOT 7 BLK 17 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS 1 1 !STILLWATER MN 55082 I I I ! 27-227026-0 BRIGHTKEYS BLDG&DEVEL CORP !LOT 8 BLK 17 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 '1809 NORTHWESTERN AVE !CIC 1043 STONE MEADOWS BR KEYS ! i ISTILLWATER MN 55082 27-227027-0,BRIGHTKEYS BLDG&DEVEL CORP !LOT 1 BLK 18 ! $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE !CIC 1043 STONE MEADOWS BR KEYS I STILLWATER MN 55082 I f I I I I 27-227028-O'BRIGHTKEYS BLDG&DEVEL CORP 'LOT 2 BLK 18 I $2,434.95 $204.42 $0.00 $6.76! $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I ISTILLWATER MN 55082 I I ! I I I I I ! 27-227029-0!BRIGHTKEYS BLDG&DEVEL CORP LOT 3 BLK 18 I $2,434.95 $204.42' $0.00 $6.76 $2,646.13 11809 NORTHWESTERN AVE CIC 1043 STONE MEADOWS BR KEYS ISTILLWATER MN 55082 I j 27-227030-0',BRIGHTKEYS BLDG&DEVEL CORP LOT 4 ELK 18 I $2,434.95 $204.42• $0.00 $6.76 $2,646.13 1809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I ISTILLWATER MN 55082 I I 1 1 I I i i Page 4 SS 27-227031-0IBRIGHTKEYS BLDG&DEVEL CORP ILOT 5 BLK 18 j $2,434.95 1 $204.42 1 $0.00 $6.76 1 $2,646.13 11809 NORTHWESTERN AVE CIC 1043 STONE MEADOWS BR KEYS I ISTILLWATER MN 55082 1 I I I I 27-227032.01 BRIGHTKEYS BLDG&DEVEL CORP I LOT 6 BLK 18 $2434.95 $204.42 $0.00 $6.76 i $2646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I I ISTILLWATER MN 55082 I 1 1 1 1 1 1 27.227033-0CBRIGHTKEYS BLDG&DEVEL CORP ILOT 7 BLK 18 $2,434.95 I $204.42 1 $0.00 j $6.76 1 $2,646.13 11809 NORTHWESTERN AVE ICIC 1043 STONE MEADOWS BR KEYS I 1 ISTILLWATER MN 55082 I I I I I I 1 27-227034-01 BRIGHTKEYS BLDG&DEVEL CORP I LOT 8 BLK 18 $2,434.95 1 $204.42 $0.00! $6.76 1 $2,646.13 1809 NORTHWESTERN AVE ICIC 1043 NONE MEADOWS BR KEYS I ISTILLWATER MN 55082 , 27-228009.0IPATRICIA MAE RASMUSSEN LOT 1 BLK 3 $2,434.95 $204.42 1 $0.00 I $6.76 1 $2,646.13 11831 BOULDER POINTE ;CIC 1049 STONE MEADOWS CLUBHOM I ISHAKOPEE MN 55379 1 I 1 j 27-228010-01 PULTE HOMES OF MINNESOTA I LOT 2 BLK 3 $2,434.95 I $204.42 1 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 !CIC 1049 STONE MEADOWS CLUBHOM I I MENDOTA HEIGHTS MN 55120 I 1 1 1 I 27-228011-OIPULTE HOMES OF MINNESOTA 'LOT 3 BLK 3 I $2,434.95 $204.42 I $0.00 $6.76! $2,646.13 11355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM I I MENDOTA HEIGHTS MN 55120 1 I I 1 1 27.228012.01 PULTE HOMES OF MINNESOTA I LOT 4 BLK 3 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM ! C I MENDOTA HEIGHTS MN 55120 I I 1 1 27-228013-0 I MARY A BRUNEAU LOT 1 BLK 4 I $2,434.95! $204.42 $0.00 $6.76 $2,646.13 11931 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM I ISHAKOPEE MN 55379 I 27-228014-0iROBERT W&JANET M HENRY !LOT 2 BLK 4 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11935 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM 1 !SHAKOPEE MN 55379 1 ; I 1 1 i 27-228015-0I BEVERLY ANN ERICKSON I LOT 3 BLK 4 I $2,434.95 $204.42 $0.00!, $6.76 $2,646.13 11939 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM 1 � I ISHAKOPEE MN 55379 1 I I 1 27-228016-OIRODERICK&STEPHANIE ZARLING !LOT 4 BLK 4 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11943 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM I 1 !SHAKOPEE MN 55379 I I ! 1 I I I I 27-228017.01 DAVID P&MARY N LOFTNESS !LOT 1 BLK 5 I $2.434.95 $204.42 $0.00 $6.76 $2,646.13 11951 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM 1 I I SHAKOPEE MN 55379 I I 1 27-228018.0IFRANCIS C&MARGIE WISSBAUM ILOT 2 BLK 5 $2,434.95 $204.42 $0.00 $6.76 $2.646.13 11955 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM I ISHAKOPEE MN 55379 i I i I 1 27-228019-0 I EVELYN J MONSON ILOT 3 BLK 5 i $2,434.95 $204.42 $0.00! $6.76 $2,646.13 I 11959 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM ISHAKOPEE MN 55379 I I I 1 1 I I 1 27-228020-OI CLIFFORD&PATRICIA LAWRENCE 1 LOT 4 BLK 5 I $2,434.95 $204.42 $0.00 ' $6.76 $2,646.13 11963 BOULDER POINTE :!CIC 1049 STONE MEADOWS CLUBHOM ISHAKOPEE MN 55379 1 I I 1 I I I 27.228021-0I KENNETH G&ILSE BEAUFOY ILOT 1 BLK 6 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11981 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM 1I SHAKOPEE MN 55379 1 i I 27-228022-01IPULTE HOMES OF MINNESOTA ,LOT 2 BLK 6 $2,434.95 $204.42 $0.00 $6.76 I $2,646.13 11355 MENDOTA HTS RD.#300 !CIC 1049 STONE MEADOWS CLUBHOM 1 ! I MENDOTA HEIGHTS MN 55120 i I I I I 1 1 I I 27-228023-01PULTE HOMES OF MINNESOTA ILOT 3 BLK 6 $2.434.95 $204.42 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 !CIC 1049 STONE MEADOWS CLUBHOM 1MENDOTA HEIGHTS MN 55120 1 I , 1 I 27-228024-01 PULTE HOMES OF MINNESOTA !LOT 4 BLK 6 52,434.95 $204.42 $0.00 ' $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM I ! IMENDOTA HEIGHTS MN 55120 ! I I 1 1 27-228025-011DELMONT C&SHARON J BRIEST !LOT 1 BLK 7 52.434.95 I $204.42 $0.00 $6.76 $2,646.13 11982 BOULDER POINTE ,CIC 1049 STONE MEADOWS CLUBHOM 1 I I ISHAKOPEE MN 55379 ! 1 I I 1 I I I I j Page 5 SS 27428026-0IPAULA M HERRIG (LOT 2 BLK 7 $2,434.95 $204.42 $0.00 I $6.76 $2.646.13 11978 BOULDER POINTE !CIC 1049 STONE MEADOWS CLUBHOM 1 ISHAKOPEE MN 55379 I 27428027-0 I DAVID E&JANE M CHASE I LOT 3 BLK 7 $2,434.95! $204.42 $0.00 1 $6.76 $2,646.13 BOX 86 CIC 1049 STONE MEADOWS CLUBHOM CHASM MN 55318 1 7.228028-0!MARGIE A SCHILTZ LOT 4 BLK 7 $2,434.95 $204.42 1 $0.00 1 $6.76 $2,646.13 11970 BOULDER POINTE JCIC 1049 STONE MEADOWS CLUBHOM I --1SHAKOPEE MN 55379 1 I I ILOT 1 BLK 8 $2,434.95 1 $204.42 1 $0.00 $6.76! $2,646.13 27-228029-0ISHARDN M BUNGE 1 1962 BOULDER POINTE ICIC 1049 9tONE MEADOWS CLUBHOM I SHAKOPEE MN 55379 1I I 27-228030-0IJOSEPH D VANDERMARK IOC 2 BLK 8 I $2,434.95! $204.42 $0.00 $6.76 $2,646.13 11958 BOULDER POINTE CIC 1049 STONE MEADOWS CLUBHOM I I I - ISHAKOPEE MN 55379 I 27-228031.O1JERRY H&MARLYS HESTER ILOT 3 BLK 8 $2,434.95 I $204.42 I $0.00 I $6.76 $2,646.13 11954 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM ISHAKOPEE MN 55379 i 27428032-0ICAMELIA J CASEY LOT 4 BLK 8 $2,434.95 $204.42 $0.00 !. $6.76 $2,646.13 11950 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM !SHAKOPEE MN 55379 I I I 1 27428033-0IPULTE HOMES OF MINNESOTA LOT 1 BLK 9 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM i MENDOTA HEIGHTS MN 55120 I I ! 27-228034-0IRENITA R BEST !LOT 2 BLK 9 $2,434.95 $204.42 $0.00 $6.76• $2,646.13 11868 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM SHAKOPEE MN 55379 I 1 I 27-228035-0!MARILYN L KRONABETTER ILOT 3 BLK 9 $2,434.95. $204.42 $0.00 $6.76 $2,646.13 I 11864 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM i !SHAKOPEE MN 55379 1 ! 27-228036-0!HELEN ELIZABETH RAY ILOT 1 BLK 10 I $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11822 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM !SHAKOPEE MN 55379 I I 1 1 27-228037-0 I CHARLES M JOHNSON I LOT 2 BLK 10 $2,434.95 $204.42! $0.00 $6.76 $2,646.13 11818 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM ' I !SHAKOPEE MN 55379 I 1 I 27-228038-0:GEORGE H&CONNIE J DONNELLY ILOT 3 BLK 10 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11814 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM I ISHAKOPEE MN 55379 1 I 27-228039-01 ROBERT A&ADALOU D GARDNER I LOT 1 BLK 11 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11845 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM I !SHAKOPEE MN 55379 I ! 1 27-228040-0!RANDY A HOFFMAN I LOT 2 BLK 11 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11849 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM 1 I I SHAKOPEE MN 55379 1 27-228041-0 I DARRELL W&JUNE C NORD LOT 3 BLK 11 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11853 STONE MEADOW BLVD ICIC 1049 STONE MEADOWS CLUBHOM 1 ISHAKOPEE MN 55379 ! I 27-228042-OITIM&MARIAN STOLBERG iLOT 1 BLK 12 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 11842 BOULDER POINTE !CIC 1049 STONE MEADOWS CLUBHOM SHAKOPEE MN 55379 1I 1 27-228043-0 PULTE HOMES OF MINNESOTA I LOT 2 BLK 12 $2,434.95! $204.42 $0.00 $6.76 $2,646.13 !1355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM MENDOTA HEIGHTS MN 55120 1 I 27-228044-O'PULTEHOMES OF MINNESOTA ILOT 3 BLK 12 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1355 MENDOTA HTS RD,#300 ICIC 1049 STONE MEADOWS CLUBHOM 11 MENDOTA HEIGHTS MN 55120 I 27-228045-O:TERRY A ENGELEN !LOT 4 BLK 12 1 $2,434.95 $204.42 $0.00 $6.76 $2,646.13 1830 BOULDER POINTE ICIC 1049 STONE MEADOWS CLUBHOM :SHAKOPEE MN 55379 ! • 27-248001-O'PULTE HOMES OF MINNESOTA LOT 1 BLK 1 $2,221.17 S186.48 $0.00 $6.16 $2,413.81 1355 MENDOTA HIS RD,#300 iSTONE MEADOWS 2ND ADDN !MENDOTA HEIGHTS MN 55120 I I I . i Page 6 SS 27-248002-0IPULTE HOMES OF MINNESOTA LOT 2 BLK 1 $2,221.17 i $186.48 1 $0.00 i $6.16 $2,413.81 11355 MENDOTA HTS RD,#300 !STONE MEADOWS 2ND ADDN I I }MENDOTA HEIGHTS MN 55120 I { I 1 ' 1 $186.48' $0.00 I $6.16 I $2,413.81 27-248003-0 I PULTE HOMES OF MINNESOTA 'LOT 3 BLK 1 $2,221.17I 11355 MENDOTA HTS RD.#300 'STONE MEADOWS 2ND ADDN I 1 MENDOTA HEIGHTS MN 55120 I I I I $2,221.17 $186.48 $0.00 i $6.16 I $2,413.81 27-248004-0IPULTE HOMES OF MINNESOTA LOT 4 BLK 1 I I I 1 1355 MENDOTA HTS RD,#300 !STONE MEADOWS 2ND ADDN 1MENDOTA HEIGHTS MN 55120 I I 1 1 27-248005-01 PULTE HOMES OF MINNESOTA I LOT 1 BLK 2 $2.221.17 I $186.48 I $0.00 I $6.16! $2,413.81 11355 MENDOTA HTS RD,#300 (STONE MEADOWS 2ND ADDN ! 'MENDOTA HEIGHTS MN 55120 1 IL I I 27-248006-0 I PULTE HOMES OF MINNESOTA ILOT 2 BLK 2 I $2,221.17 $186.48! $0.00'i $6.16 1 $2,413.81 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 2ND ADDN I I I MENDOTA HEIGHTS MN 55120 I I ! I 27-248007-0 PULTE HOMES OF MINNESOTA LOT 3 BLK 2 I $2,221.17 I $186.48 I $0.00 $6.16 1 $2,413.81 11355 MENDOTA HTS RD,#300 (STONE MEADOWS 2ND ADDN 1 1 I MENDOTA HEIGHTS MN 55120 1 1 I I I I I $2,221.17 I $186.48 $0.00 ! $6.16 $2,413.81 27-248008-0 I PULTE HOMES OF MINNESOTA 'LOT 4 BLK 2 I I I I 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 2ND ADDN I I I I IMENDOTA HEIGHTS MN 55120 1 it I ILOT 1 BLK 3 1 $2,221.17 I $186.48 $0.00 $6.16. $2.413.81 27-248009-0'PULTE HOMES OF MINNESOTA 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 2ND ADDN I II IMENDOTA HEIGHTS MN 55120 I 1 27-248010-0IIPULTE HOMES OF MINNESOTA 'LOT 2 BLK 3 1 $2,221.17 $186.48 $0.00 $6.16 $2,413.81 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 2ND ADDN I 1 'MENDOTA HEIGHTS MN 55120 I I 1 1 $2.221.17 $186.48 $0.00 $6.16 $2,413.81 27-248011-0.PULTE HOMES OF MINNESOTA LOT 3 BLK 3 I I 11355 MENDOTA HTS RD.#300 'STONE MEADOWS 2ND ADDN 1 I i MENDOTA HEIGHTS MN 55120 I I I ! $0.00 $6.16 $2,413.81 27-248012-0IPULTE HOMES OF MINNESOTA [LOT 1 BLK 4 $2,221.17 I $186.48 i 1 11355 MENDOTA HTS RD,#300 !STONE MEADOWS 2ND ADDN 1 I 'MENDOTA HEIGHTS MN 55120 I I 1 1 27-248013-0IPULTE HOMES OF MINNESOTA ILOT 2 BLK 4 I $2.221.17 $186.48! $0.00 $6.16 $2,413.81 '1355 MENDOTA HTS RD,#300 STONE MEADOWS 2ND ADDN I II I 'MENDOTA HEIGHTS MN 55120 I I 27-248014-01 PULTE HOMES OF MINNESOTA ILOT 3 BLK 4 I $2,221.17 $186.48 $0.00 $6.16 $2,413.81 11355 MENDOTA HTS RD,#300 STONE MEADOWS 2ND ADDN • I 1 I I j I 'MENDOTA HEIGHTS MN 55120 I 1 , I ! I 27-248015-01 PULTE HOMES OF MINNESOTA 'LOT 1 BLK 5 I $2,221.17 I $186.48 $0.00 $6.16 $2,413.81 11355 MENDOTA HTS RD,#300 (STONE MEADOWS 2ND ADDN 1 MENDOTA HEIGHTS MN 55120 1 1 I I I $0.00 $6.16 $2,413.81 27-248016-0'PULTE HOMES OF MINNESOTA ILOT 2 BLK 5 I $2,221.17 I $186.48 11355 MENDOTA HTS RD.#300 ISTONE MEADOWS 2ND ADDN I I II !MENDOTA HEIGHTS MN 55120 I 1 I I 27-248017-0 I PULTE HOMES OF MINNESOTA I LOT 3 BLK 5 1 $2,221.17 $186.48! $0.00 $6.16 $2,413.81 1355 MENDOTA HTS RD,#300 !STONE MEADOWS 2ND ADDN I 'MENDOTA HEIGHTS MN 55120 1 I ; 1 27-248018-0 i PULTE HOMES OF MINNESOTA 'LOT 1 BLK 6 i $2,221.17 1 $186.48 $0.00 1 $6.16 $2,413.81 '1355 MENDOTA HTS RD,#300 STONE MEADOWS 2ND ADDN I II I I I MENDOTA HEIGHTS MN 55120 ! 1 I 1 27-248019-OIiPULTE HOMES OF MINNESOTA 'LOT 2 BLK 6 I $2,221.17 1 $186.48 I 1 I $0.00 $6.16'. $2,413.81 11355 MENDOTA HTS RD,#300 ISTONE MEADOWS 2ND ADDN � i I II IMENDOTA HEIGHTS MN 55120 ! I i I 1 I 27-248020.0.PULTE HOMES OF MINNESOTA LOT 3 ELK 6 $2.221.17 $186.48 $0.00 $6.16: $2,413.81 1355 MENDOTA HTS RD,#300 'STONE MEADOWS 2ND ADDN I • I I • !MENDOTA HEIGHTS MN 55120 ' I I 1 $2,221.17 $186.48 $0.00 I $6.16, $2,413.81 27-248021-0 PULTE HOMES OF MINNESOTA 'LOT 1 BLK 7 i i 11355 MENDOTA HTS RD.#300 'STONE MEADOWS 2ND ADDN I i 'MENDOTA HEIGHTS MN 55120 I . 1 I I I $2.22117 $186.48 $0.00! $6.16 $2,413.81 27-248022-O'PULTE HOMES OF MINNESOTA '!LOT 2 BLK 7 I i 1 ! 11355 MENDOTA HTS RD,#300 ;STONE MEADOWS 2ND ADDN 1 I ' I MENDOTA HEIGHTS MN 55120 1 ' I 1 I 1 1 1 I Page 7 SS 27-248023-0 PULTE HOMES OF MINNESOTA LOT 3 BLK 7 , $2,221.17, $186.48 $0.00 $6.16 $2,413.81 1355 MENDOTA HTS RD,#300 STONE MEADOWS 2ND ADDN MENDOTA HEIGHTS MN 55120 27-248024-0 PULTE HOMES OF MINNESOTA LOT 4 BLK 7 $2,221.17 $186.48 $0.00 $6.16 $2,413.81 1355 MENDOTA HTS RD,#300 STONE MEADOWS 2ND ADDN MENDOTA HEIGHTS MN 55120 27-201001-0 JAMES INVESTMENT MN-II LLC LOT 1 BLK 1 $21,997.16 $0.00 $15,769.95 $0.00 $37,767.11 1257 2 STREET NORTH,STE 201 ,ARLINGTON RIDGE 1ST ADDITION SAUK RAPIDS,MN 56379 • 27-201002-0 JAMES INVESTMENT MN-I1 LLC LOT 2 BLK 1 $21,997.16 $0.00 $15,769.95 $0.00 $37,767.11 1257 2 STREET NORTH,STE 201 ARLINGTON'RIDGE 1ST ADDITION SAUK RAPIDS,MN 56379 27-911026-0 STATE OF MINN DEPT OF TRANSP l SECT-11 TWP-115 RNG-023 117.57A IN $50,349.05 $0.00 $31,539.91 $0.00 $81,888.96 %K F RASMUSSEN SW1/4&NW1/4&GOVLOT 2 EX 2.47A - 129 MAIL STOP 631 EX 1.62A EX 13.63A EX 5.34A(12TH AV) TRANSPORTATION BLDG EX 37.24A EX 6.99A(VALLEY MALL ST.PAUL,MN 55155 ADDN)EX 18.48A EX 8.09A EX 1A Total $5411424.45 $37,533.82 $63,079.81 1$1,241.04 I $643,279.12 Page 8 om03 022® o - o V00 )q R ° k kE E ©0 ' « «« £ \�� 0o )ow CA 03 CDcnco \\ > �> } { \\ \ - - >2 J o . . 00 E. E. § F. CDƒ < \� § © _ m - ( \@ 5- - � C4, coD CD 7 CD 030 \ . : 1 /03 7,i,.. q 2 la 5.4 s. \ - - \ m@ / )§?� \ \ / , \\\0600 Q , qk @e} 6eg�\cn� \\\° \° /� /IIIIIII!IhfliiIllhIIIIIIIF CD an (/ II 11111}�11111 11111� VI 0A en 43. k _4.4 ��al�-4 co _4 • @ \ -.4 CTI co 41. 0 - co S- � a-CD C CD. Ili 69 M • ry V Z -0 '1‘1\ 0 ilk 0 "si El i • <OQ Oe -�F_ % : ZO43, ,f`',"%. / - `r_F •Y alr/INI\I/I \ RFs\`,-( .�.{ --i 1;OJbUUIffl1 \ 41 ��,1 D �I, °"sx'11 �j� n N '1 R-So \\A > --‹ • ----I I 1 A®•4 cx`1(1 11111► MIM �� a - fl ST iiinliiii Ell \ o `s I 1 i f I ' T nip'' 1011 E4Ifl 0 �7 I � . orseD z 1. "'dtJtl' 1111 Na11V "'i �.� UI C.S.A.H. NO. I50 n i,. r1-- —� /' 7 1 1 ForS. ": '� O.-%�� =�/ T f I I " ••10 ...•00 :• 0.0 �� V -1 AIS his %/ ! 6111I: ST. MARK RD. •I Ts.. ..... �= En. �"'/ 11 111111\ ^• A % • �i -a1 ril ism:1-4-, 4-,2 IILN 111111\�� •muusuni Diy �-. •... .." 1 J Ear^:©1111% r� i'z: az ;ice. I-- . �, �' �d !!u • ice_ _i_ � s• r: iso r I�11 ors 01: 2 :I\ 1I v x110 '4' - •' 4140.12INZIMII q.-.•. NO. 77OM la -ci cp ' •,--.7-7- : fay iS n 1114 1 iii i �' � ? s 111111 tili woo • r• MR=mm O tG,i woo 4"?Cy 1 c 337N1 i • We% Eg'- ...01`I:ill .NIACE\I1/F•II"�� . �7') ir \ I 1111111/1 rte .ss• �'•' EMIIIIIIII .'so OS'VP., %%— till tiso, IIIIIIE Kea a.. LE : 11 sf� �:• /� �sA allilll=lltC1 ��®� Z CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for Southbridge Parkway Collector Street, Utilities, Landscaping, Irrigation, Lighting &Restoration, Project No.'s 1997-4 and 1997-4A DATE: November 17, 1998 INTRODUCTION: Attached is Resolution No. 5016, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project is substantially completed except for street lighting, landscaping and bituminous wear course. The final project costs are $5,097,942.85, which consists of construction costs and engineering/administration costs. A breakdown of the project costs are as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $4,729,914.85 Assessments City Costs $ 39,320.00 Capital Improvement Fund (Bituminous Trail) City Cost $ 49,125.00 Trunk Sanitary Sewer (Sanitary Sewer Oversizing) City Cost $ 60,000.00 Trunk Storm Water (Storm Sewer Oversizing) SPUC Cost $ 119,583.00 Trunk Water(SPUC) (Watermain Oversizing) DESCRIPTION AMOUNT FUNDING SOURCE Lower Minnesota River $ 50,000.00 LMRWD Funds Watershed District (Dean Lake Bypass) Prior Lake - Spring Lake $ 50,000.00 PLSLWD Funds Watershed District (Dean Lake Bypass) TOTAL PROJECT COSTS $5,097,942.85 The funding for this project is mainly through assessments to the Southbridge Addition property, both residential and future commercially guided property, and a parcel acquired by Mn/DOT with the T.H. 169 Project. The City is participating in the cost of bituminous trails along Southbridge Parkway, sanitary sewer oversizing and the Dean Lake Bypass storm sewer and channel construction. The City will be reimbursed approximately $50,000 from the Lower Minnesota River Watershed District and $50,000 from the Prior Lake - Spring Lake Watershed District for the Dean Lake Bypass channel once the work is completed. Shakopee Public Utilities Commission is also participating in watermain oversizing. The feasibility report cost estimate for the improvements constructed and future roadway extension to CSAR 21 extended was $5,896.468.00. The feasibility cost estimate for assessments, City and SPUC costs are as follows: DESCRIPTION ESTIMATED AMOUNT FINAL AMOUNT Assessments $5,190,000.00 $4,729,914.85 City Cost $ 75,117.00 $ 39,320.00 (Bituminous Trail) City Cost $ 141,400.00 $ 49,125.00 (Trunk Sanitary Sewer) City Cost $ 185,324.00 $ 60,000.00 (Trunk Storm Water) SPUC Cost $ 204,627.00 $ 119,583.00 (Trunk Water) From the feasibility report cost estimates to the actual construction costs, the costs are less than estimated. The City costs for the trail, trunk sanitary sewer and trunk storm water facilities are reduced substantially due to the actual bids received. The assessments are for the developers of Southbridge Additions both residential and future commercial, as well as the Mn/DOT parcel, which was purchased from Northern State Power Company for the T.H. 169 construction. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 5016. 2. Deny Resolution No. 5016. 3. Table Resolution No. 5016. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5016, A Resolution Adopting Assessments on Southbridge Parkway Collector Street, Utilities, Landscaping, Lighting, Irrigation, Restoration and All Other Appurtenant Work, Project No.'s 1997-4 and 1997-4A and move its adoption. f/ ruce Loney Public Works Director BL/pmp MEM5016 RESOLUTION NO. 5016 A Resolution Adopting Assessments For Southbridge Parkway Collector Street, Utilities, Landscaping, Lighting, Irrigation, Restoration And Appurtenant Work Project No.'s 1997-4 And 1997-4A WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: East Dean Lake Planned Unit Development by addition of Southbridge Parkway collector street,utilities, landscaping, lighting,irrigation,restoration and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 6.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1999 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk a ` III r 9l 'ON HVS3 II _____,,- ,---- ,7..!.,...-- j/� 410 I:��� il ' 8 1I " \? \\�\�% III V /.,. // ! � � \\�\\� it /i"/' � \ 1 I i vi' Iicv d► Iu li 1 t •�tiIth IIS b � ii I iOp 1,4 / 1111 II 11��. • i 4 4 a, ii liI i it, 1, &AZ I` II I�I s'��� 5 \ V. \\ os it I Ili °o �#��<�s� �I� �.� ; 110 4 II ii a V® SW.*W ® 1110 0 , o u r�i ��/��11111I/ ®�t Oe a ilii ! ��ttt►I 4 v1. �i Vr;l ill ���s�tr►A 1®�® ► '� ���� y y tiI rI .. a.. ♦ •A 111 ;II .. Mt* �'� 01 1.. agt /� ® � , `:• `®ia ilk® At. ° CID • ��� ®®W® k2o °rr N zI ��i % . 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S..., ,--1, / t.311111„4, ri iii. it "r 1 1 --.' i n•pi A,sidie ft ; . , !, , '\ ,, ' 0 4 IlittiV o 1 --S4' i--. • . I 1 \ V - � 1k / I y 14 '�- ` is 3 • a - x It/ ig I 1 iE FI —•,. �la i s \ \Nit \I\\\ :L '0N HVSO `��\\ it f' ,v,v vT ..A •� ,\ III ;tl d�0 / \% I% % III e V� �,i �.//'/VIIL I / i�� �� � ��. i �' III � ; 6. ;nt P O 00 V�,;�lil j °ivgirt* ��� a �1i11� 'lli,;ir 11 II h 11111 I 1,,/ iip II II II 1 0 •� +' Y•' lw4V4owi ^o \\ ii� ail °02 <•�3i e.If, 'Ai ; 1\ it 1 l 41* cl f44 **sfJ o ° 0 u NI r*w114i/ 1 i �t=I� �,, I ° X --' 1.1' \1 t " tti ' I/1"itili 1111111 VA Shy,"Til i' 1111*.4 � ' I *. 4sy4e eg � _ill■ sa• 10 oil);‘,..4 t�� ° < H '' %Dfist g V1A 4`"-v• ,,,.4* 414 rAdi ot% ilit •-.. ,, , a. ZArimaw E ill H h ii ;;, l// /,• GJi 11 m N. 4.24 �Iffil no li cA N wJ s o of 1 NI mak ,.," . ! c'' NO t4111111= . I, ip !!"¢ al >0 1 0 I 11 • SBRIDGE1 Estimated Assessments -East Dean Lake Collector Road I I I I I P.I.D. I I I Number I Property Owner I Legal Description Total I I ! I Shakopee Crossings Residential j I I A 1 27-250001-0'.SHAKOPEE CROSSINGS LTD PTNSHP !LOT 1 BLK 1 $ 4,558.12 122 W WASHINGTON AVE 1SOUTHBRIDGE 1ST ADDN IMADISON WI 53703 1 I 27-250002-OIC L A CONSTRUCTION INC ;LOT 2 BLK 1 $ 4,558.12 16186 MAIN ST SE 1SOUTHBRIDGE 1ST ADDN ;PRIOR LAKE MN 55372 I 27-250003-0 SHAKOPEE CROSSINGS LTD PTNSHP !LOT 3 BLK 1 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN 'MADISON WI 53703 1 ! 27-250004-0!SHAKOPEE CROSSINGS LTD PTNSHP 1LOT 4 BLK 1 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN I MADISON WI 53703 1 27-250005-0'ISHAKOPEE CROSSINGS LTD PTNSHP [LOT 5 BLK 1 $ 4,558.12 1122 W WASHINGTON AVE ;SOUTHBRIDGE 1ST ADDN •• !MADISON WI 53703 ! I 27-250006-0 SHAKOPEE CROSSINGS LTD PTNSHP LOT 6 BLK 1 , $ 4,558.12 122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN i I IMADISON WI 53703 1 1 27-250007-0 SHAKOPEE CROSSINGS LTD PTNSHP •LOT 7 BLK 1 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN MADISON WI 53703 I I I 27-250008-0'ANDERSON FAMILY HOMES !LOT 8 BLK 1 I $ 4,558.12 116186 MAIN AV SE !SOUTHBRIDGE 1ST ADDN !PRIOR LAKE MN 55372 ! 27-250009-01.SHAKOPEE CROSSINGS LTD PTNSHP LOT 1 BLK 2 I $ 4,558.12 1122 W WASHINGTON AVE I SOUTHBRIDGE 1ST ADDN !MADISON WI 53703 1 I ! 27-250010-0ISHAKOPEE CROSSINGS LTD PTNSHP LOT 2 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE I SOUTHBRIDGE 1ST ADDN I MADISON WI 53703 1 27-250011-0 i SHAKOPEE CROSSINGS LTD PTNSHP I LOT 3 BLK 2 I $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN (MADISON WI 53703 ! 1 27-250012-O'SHAKOPEE CROSSINGS LTD PTNSHP ILOT 4 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN [MADISON WI 53703 I 1 1 27-250013-0 SHAKOPEE CROSSINGS LTD PTNSHP LOT 5 BLK 2 1 1 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN MADISON WI 53703 I i 27-250014-O'SHAKOPEE CROSSINGS LTD PTNSHP ',LOT 6 BLK 2 1 $ 4,558.12 122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN MADISON WI 53703 Page 1 SBRIDGEI 27-250015-01SHAKOPEE CROSSINGS LTD PTNSHP LOT 7 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN (MADISON WI 53703 I I 1 27-250016-01SHAKOPEE CROSSINGS LTD PTNSHP (LOT 8 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN !MADISON WI 53703 I 1 I I 27-250017-0,SHAKOPEE CROSSINGS LTD PTNSHP jLOT 9 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN - (MADISON WI 53703 I J 1 27-250018-01 SHAKOPEE CROSSINGS LTD PTNSHP 1 LOT 10 BLK 2 $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN ( !MADISON WI 53703 I 27-250019-01 SHAKOPEE CROSSINGS LTD PTNSHP LOT 1 BLK 3 I j $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN j I !MADISON WI 53703 I 1 27-250020-0 SHAKOPEE CROSSINGS LTD PTNSHP ;LOT 2 BLK 3 I $ 4,558.12 1122 W WASHINGTON AVE ]SOUTHBRIDGE 1ST ADDN i MADISON WI 53703 I I 27-250021-0!SHAKOPEE CROSSINGS LTD PTNSHP (LOT 3 BLK 3 ! I $ 4,558.12 i 122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN iMADISON WI 53703 27-250022-0'SHAKOPEE CROSSINGS LTD PTNSHP (LOT 4 BLK 3 ! $ 4,558.12 !122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN ;MADISON WI 53703 I I i I I 27-250023-0 SHAKOPEE CROSSINGS LTD PTNSHP 1 LOT 5 BLK 3 ! ! $ 4,558.12 '122 W WASHINGTON AVE I SOUTHBRIDGE 1ST ADDN !MADISON WI 53703 1 27-250024-0!SHAKOPEE CROSSINGS LTD PTNSHP ;LOT 6 BLK 3 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN MADISON WI 53703 I ! 27-250025-0!SHAKOPEE CROSSINGS LTD PTNSHP !LOT 7 BLK 3 $ 4,558.12 1122 W WASHINGTON AVE [SOUTHBRIDGE 1ST ADDN ;MADISON WI 53703 1 27-250026-0 SHAKOPEE CROSSINGS LTD PTNSHP (LOT 8 BLK 3 ! $ 4,558.12 !122 W WASHINGTON AVE iSOUTHBRIDGE 1ST ADDN ;MADISON WI 53703 1 27-250027-0'SHAKOPEE CROSSINGS LTD PTNSHP LOT 1 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE 1SOUTHBRIDGE 1ST ADDN I I !MADISON WI 53703 1 j I ! I I 27-250028-0!SHAKOPEE CROSSINGS LTD PTNSHP (LOT 2 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN I MADISON WI 53703 I 27-250029-0 SHAKOPEE CROSSINGS LTD PTNSHP !LOT 3 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1STADON ! ! MADISON WI 53703 ' I I 27-250030-0 SHAKOPEE CROSSINGS LTD PTNSHP I LOT 4 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE iSOUTHBRIDGE 1ST ADDN MADISON WI 53703 • Page 2 SBRIDGE1 27-250031-0 SHAKOPEE CROSSINGS LTD PTNSHP 'LOT 5 BLK 4 I $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1STADDN 'MADISON WI 53703 1 I I 27-250032-OISHAKOPEE CROSSINGS LTD PTNSHP ILOT 6 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN IMADISON WI 53703 r I I I 27-250033-01SHAKOPEE CROSSINGS LTD PTNSHP ILOT 7 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE !SOUTHBRIDGE 1ST ADDN I MADISON WI 53703 27-250034-0 SHAKOPEE CROSSINGS LTD PTNSHP LOT 8 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE SOUTHBRIDGE 1ST ADDN I MADISON WI 53703 27-250035-01 SHAKOPEE CROSSINGS LTD PTNSHP I LOT 9 BLK 4 I $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN ( I IMADISON WI 53703 I 27-250036-0 SHAKOPEE CROSSINGS LTD PTNSHP 1 LOT 10 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN I !MADISON WI 53703 1 i I I 27-250037-0 SHAKOPEE CROSSINGS LTD PTNSHP !LOT 11 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN (MADISON WI 53703 1 I I I I 27-250038-0SHAKOPEE CROSSINGS LTD PTNSHP 1LOT 12 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN MADISON WI 53703 1 27-250039-0'SHAKOPEE CROSSINGS LTD PTNSHP j LOT 13 BLK 4 $ 4,558.12 1122 W WASHINGTON AVE 1SOUTHBRIDGE 1ST ADDN !MADISON WI 53703 I I I I I I 27-250040-0'SHAKOPEE CROSSINGS LTD PTNSHP LOT 14 BLK 4 I $ 4,558.12 '122 W WASHINGTON AVE ISOUTHBRIDGE 1STADDN 'MADISON WI 53703 I j I I 27-250041-0 MITTELSTAEDT BROTHERS CONSTR 1 LOT 15 BLK 4 I I $ 4,558.12 12425 96 ST E I SOUTHBRIDGE 1ST ADDN I INVER GROVE HEIGHTS MN 55077 I I 1 27-250075-0'SHAKOPEE CROSSINGS LTD PTNSHP !LOT O-L BLK A I $ 468,227.43 '122 W WASHINGTON AVE ISOUTHBRIDGE 1STADDN !MADISON WI 53703 f ) 27-250077-0 SHAKOPEE CROSSINGS LTD PTNSHP 'LOT O-L BLK C I $ 175,155.05 1122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN MADISON WI 53703 1(13.74 acres) I J 27-250078-0:SHAKOPEE CROSSINGS LTD PTNSHP ;LOT O-L BLK D $ 620,563.84 122 W WASHINGTON AVE ISOUTHBRIDGE 1ST ADDN I I !MADISON WI 53703 1(48.68 acres) I I I I Total $ 1,450,829.24 ' I t I I I I I I I 1 I I I I I I i I i ! i I Page 3 SBRIDGE1 Shakopee Crossings Commercial Property 27-912021-0I SHAKOPEE CROSSINGS LTD PTNSHP SECT-12 TWP-115 RNG-022 S I $ 714,530.25 1122 W WASHINGTON AVE E1/4 SW1/4&N1/2 SW1/4 W IMADISON WI 53703 1/2 SE1/4 W OF CO RD 89 E I X1.06ARDEX12.7ARDEX5.73HWY I I Total $ 714,530.25 I I I -* I I 1 I I I Valley Green Business Park I I 27-250042-0 CENTEX HOMES I LOT 1 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 SOUTHBRIDGE 1ST ADDN I 'MINNETONKA MN 55343 i I 27-250043-0 CENTEX HOMES 1 LOT 2 BLK 5 $ 2,728.70 ;12400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN MINNETONKA MN 55343 i j I I I 27-250044-0 CENTEX HOMES I LOT 3 BLK 5 $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN 'MINNETONKA MN 55343 I I 27-250045-0 CENTEX HOMES 1LOT 4 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 SOUTHBRIDGE 1ST ADDN 'MINNETONKA MN 55343 i I i I 27-250046-0 CENTEX HOMES ILOT 5 BLK 5 I $ 2,728.70 !12400 WHITEWATER DR #120 'SOUTHBRIDGE 1STADDN MINNETONKA MN 55343 I i 27-250047-0 CENTEX HOMES I LOT 6 BLK 5 $ 2,728.70 .12400 WHITEWATER DR #120 ;SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 27-250048-0 CENTEX HOMES I LOT 7 BLK 5 $ 2,728.70 ;12400 WHITEWATER DR #120 'SOUTHBRIDGE 1STADDN I MINNETONKA MN 55343 I I 27-250049-0 CENTEX HOMES I LOT 8 BLK 5 ! j $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 I I I I 27-250050-0 CENTEX HOMES ILOT 9 BLK 5 $ 2,728.70 '12400 WHITEWATER DR #120 ;SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 I ! ! I 27-250051-0 CENTEX HOMES I LOT 10 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 ! I I 27-250052-0 CENTEX HOMES !LOT 11 BLK 5 $ 2,728.70 ,12400 WHITEWATER DR #120 !SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 27-250053-0 CENTEX HOMES I LOT 12 BLK 5 $ 2,728.70 12400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 I j I i Page 4 SBRIDGE1 27-250054-0!CENTEX HOMES I LOT 13 BLK 5 $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN !MINNETONKA MN 55343 I 27-250055-0 I CENTEX HOMES !LOT 14 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 SOUTHBRIDGE 1ST ADDN I iMINNETONKA MN 55343 I I 27-250056-010ENTEX HOMES LOT 15 BLK 5 $ 2,728.70 112400 WHITEWATER DR #120 , 1SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 j 27-250057-UI CENTEX HOMES I LOT 16 BLK 5 $ 2,728.70 12400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN IMINNETONKA MN 55343 1 1 1 27-250058-01 CENTEX HOMES 1 LOT 17 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN I MINNETONKA MN 55343 I I 27-250059-0 CENTEX HOMES I LOT 18 BLK 5 1 $ 2,728.70 112400 WHITEWATER DR #120 1SOUTHBRIDGE 1ST ADDN 1 MINNETONKA MN 55343 1I 1 1 27-250060-0 I CENTEX HOMES !LOT 19 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN 1 MINNETONKA MN 55343 I 27-250061-0i CENTEX HOMES ILOT 20 BLK 5 I $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN I MINNETONKA MN 55343 1 1 I 27-250062-0•CENTEX HOMES I LOT 21 BLK 5 I $ 2,728.70 J 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN 1 MINNETONKA MN 55343 1 I 27-250063-0 CENTEX HOMES I LOT 1 BLK 6 1 $ 2,728.70 12400 WHITEWATER DR #120 'SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 i I 1 27-250064-0 CENTEX HOMES 1 LOT 2 BLK 6 I $ 2,728.70 112400 WHITEWATER DR #120 1SOUTHBRIDGE 1STADDN I MINNETONKA MN 55343 i 1 I 27-250065-0 i CENTEX HOMES !LOT 3 BLK 6 $ 2,728.70 ;12400 WHITEWATER DR #120 !SOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 I 27-250066-O''CENTEX HOMES I LOT 4 BLK 6 j $ 2,728.70 112400 WHITEWATER DR #120 !SOUTHBRIDGE 1STADDN 1 1 MINNETONKA MN 55343 1 27-250067-0 CENTEX HOMES !LOT 5 BLK 6 I I $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN 1 MINNETONKA MN 55343 I I I 27-250068-0!CENTEX HOMES ;LOT 6 BLK 6 F $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN MINNETONKA MN 55343 — 27-250069-0 CENTEX HOMES LOT 7 BLK 6 I $ 2,728.70 12400 WHITEWATER DR #120 ;SOUTHBRIDGE 1STADDN 1 I MINNETONKA MN 55343 1 1 i I • 1 Page 5 SBRIDGE1 1 i 1 I 27-250070-0 CENTEX HOMES I LOT 8 BLK 6 I $ 2,728.70 112400 WHITEWATER DR #120 'SOUTHBRIDGE 1STADDN I IMINNETONKA MN 55343 1 1 I I 27-250071-0;CENTEX HOMES 1LOT 9 BLK 6 $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1ST ADDN I MINNETONKA MN 55343 I 1 I 27-250072-0 CENTEX HOMES I LOT 10 BLK 6 I $ 2,728.70 112400 WHITEWATER DR #120 1SOUTHBRIDGE 1ST ADDN I I I MINNETONKA MN 55343 I 1 I 27-250073-010ENTEX HOMES [LOT 11 BLK 6 $ 2,728.70 112400 WHITEWATER DR #120 ISOUTHBRIDGE 1STADDN 1 I 1 MINNETONKA MN 55343 I I I I I I I 27-250074-01 CENTEX HOMES I LOT 12 BLK 6 I $ 2,728.70 112400 WHITEWATER DR #120 1SOUTHBRIDGE 1ST ADDN I I !MINNETONKA MN 55343 1 1 I 27-250080-01VALLEY GREEN INDUSTRIAL PARK [LOT O-L BLK F I $ 1,067,372.19 15240 VALLEY INDUSTRIAL BL 'SOUTHBRIDGE 1ST ADDN 1 SHAKOPEE MN 55379 (88.19 acres) 27-250081-0VALLEY GREEN INDUSTRIAL PARK !LOT O-L BLK G $ 236,494.57 15240 VALLEY INDUSTRIAL BL ;SOUTHBRIDGE 1ST ADDN I SHAKOPEE MN 55379 1(19.54 acres) 27-250082-0•CENTEX HOMES ILOT O-L BLK H I I $ 116,673.88 112400 WHITEWATER DR #120 ;SOUTHBRIDGE 1ST ADDN I I }MINNETONKA MN 55343 1(9.64 acres) I Total I $ 1,510,587.74 ' 1 I I I 1 Minneapolis Foundation I 27-250079-0 MINNEAPOLIS FOUNDATION ILOT O-L BLK E I I $ 591,655.27 '821 MARQUETTE AVE ;SOUTHBRIDGE 1STADDN I I ;MINNEAPOLIS MN 55402 1(50.99 acres) ; I 1 27-250083-0 MINNEAPOLIS FOUNDATION ILOT O-L BLK I I j $ 93,871.18 1821 MARQUETTE AVE 1SOUTHBRIDGE 1ST ADDN ! I !MINNEAPOLIS MN 55402 1(8.09 acres) i I I Total I $ 685,526.45 1 1 I I 1 I I I I Minnesota Department of Transportation 1 1 ! I I I 27-911004-0 STATE OF MINN DEPT OF TRANSP 1SECT-11 TWP-115 RNG-022 W ' I $ 368,441.17 !TRANSPORTATION BLDG 11/2 SE1/4 EX S 992.09' 1 1ST PAUL MN 55155 I I 1 1 I Total 1 $ 368,441.17 1 I I Grand Total' $ 4,729,914.85 Page 6 Gross Collector Street Total Area Wetlands Right-of-Way Net Acres Valley Green Business Park 269.37 (91.31) (6.54) 171.52 Mn/DOT 51.41 (6) (9.52) 35.89 Minneapolis Foundation 105.17 (22.9) (7.17) 75.1 Shakopee Crossings 163.7 (0.8) (4.81) 158.09 (Residential) Shakopee Crossings 119.83 (0.076) (6.33) 113.4 (Commercial) Total 554.00 z T y II to � " y' I I it73 n / I m o ) = r cn -2,-A o \ III TE —, li m 7( N 2 \ NI !fl! 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' / ,/ / g,,, / .// I 1 ll0 \ \\ \% , \\‘ ' \s \ % % \ fT ' r ig 1 11 it \ % '‘- fri_2P, P :';',I ,* ,/ / • C.2P 11 11 W ‘ ‘ @ \,•I;••,° ' 11 W \% ‘ g ,•-•• N FI if 1g dItiv'4 ' II ___,,I.,________41__Lir___Ill,----_ -_ -.. . . k.• RR 3 Pfi 1 1 / /\' ‘ \‘‘\ -"IIIIIIII - ' - ;__ 'adiiii 11 1 I Nct,N1 5'3 ,a -_ ___,Raiiiii. 11 CSAH NO• 1 8 \11 -/ V• ' 2)\,,-, j.,-_.. ..,,,,,,,,-''''-,•-....-...._-Z-.---------s--.-_,..______auuip.„,„. --i !O" 9. ) •,... ------- -- '-'---=--------..,..7.•-_,-,_ __ ______.=,.-.__ •._ .,••-__ _ _----_----- -- -----:-.ini- .-=--.------..--=.-iiii-ii--e-iii.ii-_ii,____ _•=r,_ I CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police 964/ SUBJECT: Public Hearing-Bureau of Justice Assistance(BJA)Local Law Enforcement Block Grant DATE: November 12, 1998 INTRODUCTION: The Police Department is required to hold a public hearing in order to meet funding requirements under this grant. BACKGROUND: The City of Shakopee accepted this grant at the November 4, 1998, council meeting. One of the requirements in order to expend funds from this grant is that a public hearing be held to make the public aware of the program and its proposed spending plan. An advisory board, which was a requirementf this grant, met on Friday November be 1998, and recommended that the federal funds $10,89)and local match($1,211) spent on the following items. Emergency vehicle preemption system emitters for all marked police vehicles. Approximate cost five to seven thousand dollars($5,000- $7,000). Ballistic vests for tactical team members, (approximate cost of$1,200 per vest). Remaining funds in miscellaneous squad and first aid equipment upgrades. RECOMMENDED ACTION: After holding the public hearing, Offer Resolution No. 5018, a Resolution concerning the Bureau of Justice(BJA)Local Law Enforcement Block Grant, and move its adoption. DH:pm[C:\bja-cc.doc] RESOLUTION NO. 5018 A RESOLUTION' OF THE B�AU OF��JSTICE CITYOPEE STANCE(BJA) COUNCIL CONCERNING LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, the City of Shakopee authorized appropriate City staff to enter into an agreement with the United States Bureau of Justice Assistance(BJA), for a ten thousand, eight hundred and ninety six dollar($10, 896)Local Law Enforcement Block Grant,with a matching funds of one thousand,two hundred and eleven dollars($1,211), at its meeting on November 4, 1998; and WHEREAS, the City Finance Director has agreed to establish an interest bearing trust fund to hold the awarded dollars; and WHEREAS, an advisory board met on November 6, 1998, to make non-binding recommendations on how the grant funds should be spent; and WHEREAS,the City held a public hearing to make the public aware of the program and its proposed spending plan on November 17, 1998. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,That the requirements to allow the expenditures of the Bureau of Justice Assistance(BJA)Local Law Enforcement Block Grant, originally awarded and accepted by City staff on November 4, 1998, is hereby met and the proposed expenditures are approved, as follows: 1. Emergency vehicle preemption system emitters for dollars($5000- $7,000).l marked police vehicles, approximate cost five to seven thousand 2. Ballistic vests for tactical team members, (approximate cost of$1,200 per vest). 3. Remaining funds in miscellaneous squad and first aid equipment upgrades. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee,Minnesota held the 17th day of November, 1998. Mayor of the City of Shakopee ATTEST: City Clerk J % . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council --� Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Stone Meadow 3rd Addition DATE: November 17, 1998 Discussion Residential Development, Inc. is requesting Final Plat approval of Stone Meadow 3rd Addition. The subject site is located south of Vierling Drive and west of Polk Street. A copy of the November 5, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat of Stone Meadow 3rd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Stone Meadow 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Stone Meadow 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Stone Meadow 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5014, A Resolution Approving the Final Plat of Stone Meadow 3rd Addition, subject to conditions, and move its approval. /il. KtA470-11/4-- lie Klima Planner II iAconundevkai998\ccu wpsh►►dw3.doc RESOLUTION NO. 5014 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF STONE MEADOW 3RD ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Stone Meadow 3rd Addition on November 5, 1998, and has recommended its approval; and WHEREAS, the property upon which the request is being made is legally described as Outlot K, Stone Meadow 1st Addition; and 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. NOW,'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Stone Meadow 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the final plat: 1. Approval of title by the City Attorney. 2. Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. B. The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. C. The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. D. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. E. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. F. The Common Interest Community(CIC) declarations shall be filed with the Final Plat. G. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. H. The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. I. The plat drawings shall be revised to include all proposed easements, as required by the subdivision ordinance. 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 h• 1 l D. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Final Plat of Stone Meadow 3rd Addition DATE: November 5, 1998 Site Information: Applicant: Residential Development, Inc. Location: South of Vierling Drive and west of Polk Street Current Zoning: Planned Unit Development# 11 with underlying zone of R-1B (Urban Residential) Adjacent Zoning: North: Multiple Family Residential (R3) South: TH 169 Right-of-Way East: Jackson Township West: Planned Unit Development#11 with underlying zone of R-1B (Urban Residential) Comp. Plan: 1995: Medium Density Residential Area: 7.16 Acres MUSA: The site is within the MUSA boundary INTRODUCTION Residential Development, Inc. is requesting approval of the Final Plat for Stone Meadow 3rd Addition(for location please see Exhibit A). The Preliminary Plat for Stone Meadow was approved in March 1997. The Final Plat is in substantial conformance with the approved Preliminary Plat. CONSIDERATIONS 1. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. 2. The Final Plat for Stone Meadow 3rd Addition is in substantial conformance with the . approved Preliminary Plat. The Final Plat drawings have been attached as Exhibit B. 3. Shakopee Public Utilities has commented that water service will be provided by SPUC, however, electric and street light services will be provided by MUEC, as the area is outside SPUC's jurisdiction. 4. Assessments for the subject property will need to be reapportioned. The developer shall waive his right to appeal the reapportionment. ALTERNATIVES 1. Recommend approval of the Final Plat of Stone Meadow 3rd Addition subject to conditions as set forth below: a) Prior to review by the City Council the following must be submitted: i) The drawings shall be revised to all proposed easements, as required by the subdivision ordinance, on the plat drawings. b) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of MUEC. iv) Electrical system to be installed in accordance with the requirements of MUEC. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) 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. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. c) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. d) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. e) The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. f) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. g) The Common Interest Community (CIC) declarations shall be filed with the Final Plat. h) A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. i) The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. 2. Recommend approval of the Final Plat of Stone Meadow 3rd Addition subject to revised conditions. 3. Do not recommend approval of the Final Plat of Stone Meadow 3rd Addition. 4. Table action on this item and request additional information. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Final Plat of Stone Meadow 3rd Addition, subject to conditions,to the City Council(Alternative No. 1). 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A copy of the November 5, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat of HTS Properties 1st Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of HTS Properties 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of HTS Properties 1st Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of HTS Properties 1st Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5013, A Resolution Approving the Final Plat of HIS Properties 1st Addition, subject to conditions, and move its approval. / Un4k_ , le 'ma 'lanner II kkommdev\ce1998\cc1117\fphtstd0c RESOLUTION NO.5013 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF HTS 1ST ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for HTS Properties 1st Addition on November 5, 1998, and has recommended its approval;and WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and 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. NOW,THEREFORE,BE IT RESOLVED BY'um CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for HTS Properties 1st Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the final plat: 1. Approval of title by the City Attorney. a) Execution of a Developers Agreement for park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. 2. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 3. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 4. Three(3)parking spaces which comply with City Code Section 11.61, shall be striped in the parking area south of the apartment building and north of the alley. 5. All refuse containers shall be screened from public view. 6. Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. 7. The signature block of the Final Plat shall be revised to consistently list the name of the plat as HTS Properties 1st Addition. 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT A All of the following described tract lying east of Market Street as now established in the City of Shakopee: A tract of land bounded as follows: Commencing on the south line of the Northwest Quarter of the Southwest Quarter of Section 6,Township 115,Range 22, Scott County,Minnesota at a point 574 feet east of the west line of said Section;thence East on said south line a distance of 290 feet;thence North 150 feet;thence West 290 feet;thence South 150 feet to the place of beginning and A tract of land beginning at a point 1008.5 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter, Section 6,Township 115,Range 22, Scott County, Minnesota;thence West 2.19 chains(144.54 feet)along said south line;thence North 150 feet; thence East 2.19 chains(144.54 feet);thence South 150 feet to the place of beginning. and Lot 7,Block 309,Wermerskirchen's Addition, Shakopee, Scott County,Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State. A • I 0 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of HTS Properties 1st Addition DATE: November 5, 1998 Site Information: Applicant: Tim Smith Location: North of 7th Avenue and east of Market Street Current Zoning: Old Shakopee Residential (R-1C) Adjacent Zoning: North: Old Shakopee Residential (R-1C) South: Old Shakopee Residential (R-1C) East: Old Shakopee Residential (R-1C) West: Medium Density Residential (R2) Comp. Plan: 1995: Single Family Residential Area: Less than one (1) acre MUSA: The site is within the MUSA boundary • INTRODUCTION Tim Smith is requesting approval of the Final Plat for HTS Properties 1st Addition(for location please see Exhibit A). The Preliminary Plat for HTS Properties 1st Addition was approved in September 1998. The Final Plat is in substantial conformance with the approved Preliminary Plat. CONSIDERATIONS 1. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. 2. The Final Plat for HIS Properties 1st Addition is in substantial conformance with the approved Preliminary Plat. The Final Plat drawings have been attached as Exhibit B. 3. The City Clerk has commented that a correction will need to be made to the signature block. A condition requiring this correction has been added to the recommended conditions of approval. 4. Assessments for the subject property will need to be reapportioned. The developer shall waive his right to appeal the reapportionment. , 5. Shakopee Public Utilities (SPUC) has commented that utilities are available subject to standard terms and conditions. ALTERNATIVES 1. Recommend approval of the Final Plat of HTS Properties 1st Addition subject to conditions as set forth below: a) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. a) Execution of a Developers Agreement for park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. ii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of . construction. iii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. iv) Three(3)parking spaces which comply with City Code Section 11.61, shall be striped in the parking area south of the apartment building and north of the alley. v) All refuse containers shall be screened from public view. vi) Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. vii) The signature block of the Final Plat shall be revised to consistently list the name of the plat as HTS Properties 1st Addition. 2. Recommend approval of the Final Plat of HTS Properties 1st Addition, subject to revised conditions. 3. Do not recommend approval of the Final Plat of HTS Properties 1st Addition. 4. Table action on this item and request additional information. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Final Plat of HTS Properties 1st Addition, subject to conditions, to the City Council(Alternative No. 1). ACTION REQUESTED Offer and pass a motion to recommend approval of the Final Plat of HTS Properties 1st Addition, subject to conditions, to the City Council. 4uli---"--- da, K- e Klima Planner II i:\conundev\boaa-pc\1998\1105\fph tsl.doc I ' L--L--J-4-e-.-I-A 4.-taa-.......• • EXHIBIT A . 0 OA w" logisft_ ... 4101 MINN r's cA 'a illi 0"ilili till - son iggi sis pit,- - sag ,,,,, .. 4/4 1111111 'BF L E 2 . ro a %go lows —:•fri 11110miii vat inn - - ....- gig goi 0111 OM cra 1113 --1. p Elja illiimig isp gili OM"' ....„ STANS 1--- - - . 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Q RQFI� Z O •Z( '� 7 '° Q g L Soq ab" V9A °$ sug p° 1 ; ]a �� Ste, a ," &� I 61.22 t.� °;° '=m �,es ; 7' "o & SO-52.15"E Na °. ,4 � ° °$per ° I 1:4'. .a ..i - OagQ '°1c B. 8 A r I I/�Y'W 1 1619 b al ' ioNao g°g_2 • N\ 81.00 69.00 qC4 ga Ano yo ng c° °go-° °_� e N. —1 tw eo �V �rq� o,014�L. $� South 150.00 :" ' t'^.' S14a" ' 3 ]a . of a. 1- ;pl't -du. E°, %0 C7 C7 , ! w $ ..$ ooyF °.� C) is I C7 `+ irk' ri S gl.p. gNeitt-O .. `1 '1 `r1 S 14 ° °w °2 � ow ." hua � °m � g ^ 2 SSa w '1.2 o I qq-�, 19* « o Eg. • e a ,g le O s 2 n z ; °.9 g/ .�,. g 3 s 5''�'- °v a J1t-- 1i aq N1 $^1: 1 a_ a '; $ O �N o o u,g $ . a 50 o y, i: 00 0 y/� • ° � ,.,:':::,;(119..,--•!....: CF g rf g\ Co v l • ^ rr Y .P til 4 r''' t & , YY' \ E Y Y t. I g 4 ft , 4 3 i 4 1 114 1 04 14 I 4 p ' , it,::t e ki $tA $ fA i E I Ri g5.7i ,,� i .) 1�h -� Qi S 9 �'t 1 t IFS:' f I Ii i i 4 cif { ," t a P '' ii1 fi 3 s�" ''.7od"Gp >.. (1 "+' '1�'., • ":,,,,:11 if 11 • aQ q$ Q• p, q$ < R. if A f� f(8l k h , .yvft.1+ r �- ::"; 4 I i 1F i $ ir fj� ,1 I 1 1 4 r ,i A , I ,:i 1 x} f,,,i,' ',.::,,,,,1.ar p, ie . r1,:: i ■yS �' (. Y:.ry7}� ! 'hA:4: !7' C r ! Ss { ,.TY!i Y , �� It ti ^ 3bi[C[d .W 1 1 A A/t,�` `,t ` f !%l5 _ '� I. : ro ti i f t* i •� I I" i 11 ,• Y ,.;:;.i,{ 'fir tl .t ' ! ti r <<'� 1,�x, 1 4 ! I: t 4 , IW r, y {` A 11 IL/ C CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Urban Residential (R-1B)to Multiple Family Residential(R3) DATE: November 17, 1998 INTRODUCTION Darwin and Arliss Gilbertson are requesting that the Official Zoning Map be amended to rezone a property currently zoned as Urban Residential(R-1B)to Multiple Family Residential (R3). This property is located south of County Road 16, east of Roundhouse Circle,west of Austin Circle and north of Shakopee Avenue. A copy of the November 5, 1998,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Urban Residential(R-1B) to Multiple Family Residential(R3), as requested by the applicant. 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 2. Upon review of this request the Planning Commission has recommended that site continue to be zoned as Urban Residential (R-1B). ACTION REQUESTED Offer a motion to deny the request to rezone the property to Multiple Family Residential(R3), and move its approval. The Council should also provide any direction to staff regarding the Comprehensive Land Use Plan that it determines is appropriate. Or _ r ulie Klima Planner II is\commdev\cc\1998\cc1117\rezgil.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Urban Residential(R-1B)to Multiple Family Residential(R3) DATE: November 5, 1998 Site Information: Applicant: Darwin and Arliss Gilbertson Property Owner: Darwin and Arliss Gilbertson Location: South of County Road 16, east of Roundhouse Circle and west of Austin Circle and north of Shakopee Avenue Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Light Industrial (I-1) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) 1995 Comp.Plan: Single Family Residential Area: 5.1836 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: Applicant's Survey Exhibit C: 1995 Comprehensive Land Use Map Exhibit D: City Code Section 11.28 Urban Residential(R-1B)Regulations Exhibit E: City Code Section 11.34 Multiple Family(R-3)Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Urban Residential (R-1B) to Multiple Family Residential (R3). Please see Exhibit A for the location of the subject site. Exhibit B provides further detail of the subject area. Parcel 3, shown on Exhibit B, is the parcel which the applicant is requesting be rezoned. Parcel 1 and Outlot A are also under the ownership and control of the applicant and Parcel 2 is owned by another party. Considerations 1. The Comprehensive Plan (Exhibit C) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits D and E provide a listing of the uses, both permitted and conditional, that are allowed in the Urban Residential (R-1B)and Multiple Family(R3)zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Single Family Residential". The rezoning of the site to Multiple Family Residential, as requested by the applicant,would not be in conformance with the 1995 Comprehensive Plan. 3. While the request of the applicant is not in conformance with the 1995 Comprehensive Plan, the Commission and City Council may determine upon review of this application that based on the proximity of other properties either zoned or guided for multiple family uses and other development limitations (such as access onto County Road 16) that guiding and zoning this property for a higher density residential use is warranted. If such a determination is made, staff should be directed to guide this property for a higher density residential use as part of the upcoming Comprehensive Plan revisions and to initiate the appropriate rezoning. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. . Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City wide or neighborhood development patterns have not occurred Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive lan hcrstidentified in c �artc�e withea or they Ble land Family plansi�the 1995 ntial use. Therefore, this request Comprehensive Plan. 2 Alternatives 1. Recommend to the City Council the denial of the request to rezone the subject property from Urban Residential(R-1B)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the approval of the request to rezone the subject property from Urban Residential(R-1B)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff 4. Direct staff to address this area in the Comprehensive Plan update with a higher density residential use and initiate any appropriate rezoning. Staff Recommendation Staff recommends Alternative No. 1, denial of the request to rezone the subject property from Urban Residential (R-1B) to Multiple Family Residential (R-3) Zone and provide any further appropriate direction to staff. Action Requested: Offer a motion to recommend to the City Council the denial of the request to rezone the subject property from Urban Residential (R-1B) to Multiple Family Residential (R-3) Zone and provide any further appropriate direction to staff. .ie j,,,,,I,L...._.......m 4uheima Planner II is\commdev\boaa-p61998\1105\rzgilber.doc 3 1 • CEE _ �-mii �_ mail_ Eing ��a t-L W -iss a'Toova Eximiii �qd►�] �� �: -angio Luc: -L Imo= 4111/111s ors Cm Eff: I MI o �1151/Q ! 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Q r' : D iD C O. c .2.-. :D f �• ? r� 77 ° n "� �' • . • N 0 0 o Kc g 1 3 s o rn N a rJ 0 7 ,Z- 7 77 7 .n ,,^ % O_ cn cit. a G N (D a 7 (a 7 0 oa - § 11.28 • SEC.11.28. URBAN RESIDENTIAL ZONE (R-1B). EXHIBIT D Subd. 1. Purpose. The purpose of the urban residential zone Is to provide an area for residential development where public sanitary sewer and water are available. Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; • B. existing single family attached dwellings; C. existing two family dwellings; D. public recreation; • E. utility services; • F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or 1. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit A. churches and other places of worship; B. home occupations; C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; • F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; i. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; • pp.rr.I*d M 1996 1127 § 11.28 K. developments containing more than one principal structure per lot; or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the urban residential zone,the following uses shall be permitted accessory uses: A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; • E. swimming pools; F. tennis courts; • G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the urban residential zone, no land shall be used, and no - structure shall be constructed or used,except in conformance with the following requirements: A. Maximum density: five dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: • Minimum lot width (single-family detached): 60 feet; (existing two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. page tensed m 1996 1128 •• § 11.29 Subd. 6. Additional Raauirements. • • A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. • B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. ••159, February 28, 1985; Ord.264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.29. Reserved.. • page nvys0 w+1996 1129 § 11.34 EXHIBIT E SEC.11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd. 1. Purpose. The purpose of the multiple-family zone Is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre,and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses: .. A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd.3. Conditional Uses. Within the multiple-family residential zone,no structure or land shall be used for the following uses except by conditional use permit A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 persons; J. relocated structures; K. structures over 2-1/2 stories or 35 feet in height; p.Q*r.vn..d n 1996 1154 • § 11.34 L. developments containing more than one principal structure per lot; or M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the multiple-family residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; • D. gardening and other horticultural uses not involving retail sales; , E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or I. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback One-half of building height or fifteen (15)feet,whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A), urban residential (R-1B), Old Shakopee residential (R- 1C), medium density residential (R-2), or multiple-family residential (R-3) zone line. ppo rs'.s.d n 1996 1155 § 11.34 Minimum rear yard setback 40 feet D. Maximum height No structure shall exceed thirty-five 05) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their •• . width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. . . . B. All dwellings shall have a permanent foundation in conformance with the Minnesota • State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 96, November 11, 1982;Ord. 159, February 28, 1985;Ord.203, July 10, 1986; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 377;'July 7, 1994; Ord.•435, November 30, 1995) SEC.11.35. Reserved. - • (The next page is 1171.) • 0.0.mri,.a in 1996 1156 a3% c; pq Pfliiiiiii d Oh l I �1' `t 1 Y t- W O • J� j �• 3 .� • '°y"2� an -�a'g; f9gcE , . / V 1,.),..115.--. [ 47 �O �N I ,- A.l:, I \--,... C7 d3• B:f7delda t A 3r— id apt"A*- . ".9" / —_ ^r 6 _ d° Id m ILEOill ; ••^•' - /f c)o C (- )--1�dP CZ W .-2.2.jf-ay I '/x. i d As:, 5, l Vc" jj:1:i 13s11 h.a.., ze uF r.y y'' w i s i n :Si, 2 ez / / v 9 / M 0 7.. / ,,,q,;:z--,/,.`4A a ^lcr,Fb a ti /'.'•� bg �ry s t i S I ,,:•,:. 41:1. : t a f 3 .. >< N n 8 f ial / 7 sp. ..._. 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"...N -4.•41,N,,t.f‘s.:"."-,:•-- --,\.--.4,g-•4;'-'\.•.I'-ii' / N,,,f,, ,,,(17N,..,-',''''..',',..',', ,, • I / i ,_.„,„_,, S. 69, / /,\ ll' - ' --'\--• 1.1 -j 14/1 ID CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Light Industrial (I1)to Multiple Family Residential (R3) DATE: November 17, 1998 INTRODUCTION Heritage Development is requesting that the Official Zoning Map be amended to rezone a property currently zoned as Light Industrial(I1)to Multiple Family Residential(R3). This property is located north of County Road 16 and west of Canterbury Park. A copy of the November 5, 1998,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Light Industrial (I1) to Multiple Family Residential(R3), as requested by the applicant. 2. Amend the Zoning Map to rezone the subject property from Light Industrial (Il) to Medium Density Residential(R2), as recommended by the Planning Commission. 3. Do not amend the Zoning Map. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 2. Upon review of this request the Planning Commission has recommended that the entire site be rezoned to Medium Density Residential(R2). The applicant has provided a letter to the City Council regarding their continued request for Multiple Family Residential (R3) zoning in light of the Planning Commission's recommendation for Medium Density Residential(R2)zoning. ACTION REQUESTED Offer Ordinance No. 532, and move its approval. R Julie Klima Planner II is\commdev\cc\19 98\cc 1117\rezhrtge.doc ORDINANCE NO. 532, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED NORTH OF COUNTY ROAD 16 AND WEST OF CANTERBURY PARK FROM LIGHT INDUSTRIAL(I1)ZONE TO MULTIPLE FAMILY RESIDENTIAL(R3)ZONE. WHEREAS, Heritage Development, applicant and Lorraine Parrott, property owner have made application for the rezoning of land legally described as follows: East Half of the Northwest Quarter North of Road Exit 5A from Light Industrial(I1)to Multiple Family Residential (R3); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on November 5, 1998, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Medium Density Residential (R2)to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as follows:East Half of the Northwest Quarter North of Road Exit 5A from Light Industrial (I1)to Multiple Family Residential (R3). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1998. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 11/10/98 09:41 HERITAGE DEUELOPMENT, INC. 9 612 445 6718 NO.708 P002/004 HERITAGE DEVELOPMENT November 9, 1998 IVi1V 1998 Mayor and Council Members City of Shakopee 129 Holmes Street Shakopee, MN 55379 Mayor and Council Members: On November 5, 1998, Heritage Development requested a rezoning of the Parrott property to R-3. The Planning Commission of Shakopee recommended a rezoning of the Parrott property to R-2. Our request was for a rezoning to R-3 and not R-2. We respectfully disagree with their recommendation for the following reasons: City staff recommends the approval of the request from Light Industrial to Multiple Family Residential(R-3) 2. The properties to the east and west are currently zoned Industrial. 3. The property is located on the same side of Eagle Creek Boulevard as are several other adjacent R-3 zoned properties. 4. The 1995 Comprehensive Plan guides this property as both R-2 and R-3. The Comprehensive Plan by State statute is the governing document in considering all re-zoning changes within the State of Minnesota. S. The Metropolitan Council supports higher density development wherever possible particularly as it relates to the increased costs of interceptors in lower density developments(see attached memo). 6. The property is currently zoned Light-Industrial and a high density(R-3)zoning will provide the City with future tax base closer to its current zoning. 7. Bedrock is located within 6 inches of the surface throughout the property, therefore the construction of basements is not practical. 8, The maximum number of housing units allowable under the currently guided use is approximately 290. Our proposal would be for 312 units,not the 360 units which would be allowable under R-3 standards. Thank-you for your time and consideration of our request. Sincerely, Thomas Bisch Heritage Development of Minnesota, Inc. 450 East County Road 0•tittle Canada,MN 55117.Phone:(612)481.0017•Fax:(612)481-1518•Top Free:(800)644-0017 909 Blackstone Avenue•Waukesha,'M 53186•Tot Free:(800)644-0017•Phone:(414)322-4789 110 North Cheny,Sulte 240.Olathe,KS 66061 •Tot Free:(800)644-0017• Phone:(816)769-2054 11/10/98 09:41 HERITAGE DEUELOPMENT, INC. 4 612 445 6718 N0.708 P003/004 Metropolitan Council Working for the Region, Planning for the Future November 2, 1998 Dear City and Township Officials, Legislators, Industrial Users: SUBJECT: Public Meeting on Service Availability Charge(SAC)changes. The Metropolitan Council would like your input and an opportunity to discuss with you proposed changes to our Service Availability Charge(SAC)program. In 1995,the Sewer Rates/Cost Allocation Task Force(an external committee of community and industrial representatives appointed by the Council) deliberated issues related to sewer rates, the cost allocation methods used by MCES to charge its customers, and related technical issues. Among the findings were the identification of an"intergenerational subsidy"resulting from the SAC methodology. In the fail of 1997, a SAC (specific)Task Force was assigned to find ways to mitigate that subsidy, and otherwise improve SAC equity and administrative effectiveness. The SAC re-examination process has led to six recommendations for change which the task force supports to improve the equity and administrative effectiveness of the SAC system. The recommendations of the SAC Task Force are: 1. SAC to fund growth costs instead of reserve capacity: The most significant change would require that all future sewer growth projects be paid fully by those added to the system through the Council's one-time"service availability charge"(SAC). Currently, SAC does not pay the full cost of growth, and the shortfall is borne by current ratepayers. It is proposed that SAC revenue and reserve funds pay the full cost of growth immediately upon implementation. However,the rate increases will be phased in over several years using the SAC reserve funds and collections in excess of plan. �ensi ad'usdnen . This proposal would split the base fee into four different fees, based on housing type and lot size(as surrogates of density). Single family homes would pay more than the base fee and other housing types less. This change was recommended to support the Council's land use objectives as well as to reflect the increased cost of interceptors in low density development. 3. SAC Exemption: This would allow an exemption from SAC fees and credits for mature cities that show no flow increase over several years. 4. SAC strength charges: SAC currently is based entirely on the volume of flow. Some new industries use sewer capacity in excess for which they pay through volume charges due to their 4:10 I.u i Filth Street Si•Poul.Minnesota 55101.1626 16511602-1000 Fax 602 Imo TDD/Try 201-0904 Menu Info Lu,r 602 L8Htl An£glinI Oppiiiwu,rn,piader 11/10/98 09:42 HERITAGE DEUELOPMENT, INC. 4 612 445 6718 N0.708 P004/004 Metropolitan Council November 2, 1998 Page Two high strength ngth effluent. This proposal would increase the SAC charge for new uses or new industries that have high strength discharges. S. Household Volume assumption: Based on recent studies of actual usage, we are over estimating the amount of wastewater produced by a typical household and thus charging the new household more than their share for new capacity. To improve equity between residential and industrial users, under this proposal,new industries would pay more SAC and new residences less. 6. Administration of SAC Program: SAC funding of MCES's administrative costs for the SAC program currently are paid from the Division's general operating fund. This proposal would require the use of SAC funds to pay for administration of the SAC program. A full report of the work and recommendations of the SAC Task Force will be available soon. If you would like a copy, please contact the Data Center at(651) 602-1140. The public meeting is scheduled to be held on Thursday,November 19, 1998, at 2:30 P.M.at the Mears Park Centre,230 East Fifth Street,St. Paul,in the Chambers. If you have questions or would like to submit written comments,please-forward them to Jason Willett, Principal Financial Analyst, (651)602-1196. Si, .e, ly .. Johnson, Chair CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Light Industrial(I-1)to Multiple Family Residential(R-3) DATE: November 5, 1998 • Site Information: Applicant: Heritage Development of Minnesota,Inc. Property Owner: Lorraine M. Parrott as Trustee of the Donald Parrott Trust Location: North of County Road 16, east of Sarazin Street and west of Canterbury Park Current Zoning: Light Industrial(I-1) Adjacent Zoning: North: Urban Residential (R-1B)with PUD Overlay South: Urban Residential (R-1B) East: Major Recreation (MR) West: Light Industrial (11) 1995 Comp. Plan: Medium Density Residential and High Density Residential Area: 23.20 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: 1995 Comprehensive Land Use Map Exhibit C: City Code Section 11.44 Light Industrial(I-1)Regulations Exhibit D: City Code Section 11.34 Multiple Family(R-3)Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Light Industrial (I1) to Multiple Family Residential (R3). Please see Exhibit A for the location of the subject site. Considerations 1. The Comprehensive Plan (Exhibit B) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C and D provide a listing of the uses, both permitted and conditional, that are allowed in the Light Industrial (I1) and Multiple Family(R3)zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Medium Density Residential and High Density Residential". The Land Use Plan is intended to serve as a general guide for the community, therefore, the rezoning of the site to Multiple Family Residential, as requested by the applicant,would be in conformance with the 1995 Comprehensive Plan. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals andpolicies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns, as expressed in the Comprehensive Plan, have occurred Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive Plan has identified this area for Medium and High Density Residential use. Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Light Industrial (I1)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the denial of the request to rezone the subject property from Light Industrial (I1)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff 2 Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Light Industrial(I1)to Multiple Family Residential(R-3)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Light Industrial(I1)to Multiple Family Residential(R-3)Zone. Julie Klima Planner H is\commdev\boaa-pc\1998\1105\rzhertg.doc 3 a+ ' ] - o� :FIs -�a d► �li.,�1110 �■ cm ium m!' 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'm---111111 lic70.4tv-i. sis ix 0 ut �� mops . �,, mu . : • •: o oOCCe c _ _, or• �, 0o www • 111. no R 1 ■.• o 4'!®"A �- .® �` ini. Elo*Ah„."1";frf147,.- :i (/), !ii ; . : :g : : .e.1 -;._Algosi xik,. HI o - x 13 ' p cp ! !1 !I cKC2G r_a , 6o Im^ aon- 71 1) 3 o n a m l' a N N m N I l �1� ET a -• n N N 3 j (b a'< m N • n 0 X) N a c. Nt-i (aD 7 CD 7 O, 7 7 - G _ - 0' r EXHIBIT C • • § 11.44 SEC. 11.44. LIGHT INDUSTRY ZONE (I-1). • Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses: A. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; or • H. public buildings. -- Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit A. manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; • B. airports and heliports; C. vehicle repair, D. landscaping services and contractors; E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; H. industrial or technical training schools; • page r.vns.d i+1998 1235 § 11.44 I. restaurants, class I or class II, contained within a principal structure and oriented • toward serving employees or those working in the immediate area; J. residences for security personnel; • K. exterior storage; L. day care facilities; M. structures over 45 feet in.height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the light industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; and D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. • Subd. 5. Design Standards. Within the light industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (with City services): 1 acre (without City services): 20 acres B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (with City services): 100 feet (without City services): 600 feet minimum front yard setback 30 feet minimum side yard setback 15 feet minimum rear yard setback 30 feet minimum side or rear yard setback from residential zones: 100 feet pogo termed n 1996 • 1236 • § 11.45 D. Maximum height 45 feet without a conditional use permit. (Ord. 31, October 25, • 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983; Ord. 186,January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) SEC. 11.45. Reserved. • • • • •• • p191 revised in 1996 1237 § 11'34 EXHIBIT D SEC. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R4). • Subd. 1. Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre,and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses: A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. utility services; • E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd.3. Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 persons; J. relocated structures; K. structures over 2-1/2 stories or 35 feet in height; Porl mvuw n 1996 1154 • § 11.34 L, developments containing more than one principal structure per lot; or M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the multiple-family residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; • D. gardening and other horticultural uses not involving retail sales; • E. swimming pools; • F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or 1. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback 50 feet Minimum side yard setback One-half of building height or fifteen (15) feet,whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A), urban residential (R-1 8), Old Shakopee residential (R- IC), medium density residential (R-2), or multiple-family residential (R-3) zone line. • ' p.p.~sod in 1996 1155 § 11.34 Minimum rear yard setbacic 40 feet D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit • Subd. 6. Additional Reauirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All^dwellings shall have a width of at least 20 feet for at least 50 percent of their depth.' . . • B. All dwellings shall have a permanent-foundation in conformance with the Minnesota • State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14,1981; Ord. 96, • November 11, 1982;Ord. 159, February 28, 1985;Ord.203, July 10, 1986; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989;Ord. 377;•July 7, 1994; Ord.'435, November 30, 1995) • SEC.11.35. Reserved. • • (The next page is 1171.) I pope waged'n 1996 1156 5 D tl t� N m ": tai N 0 c w 4'^ F G c N oi w cc vi w Q � � eZQ�Zdd N N W m >,,, ° a c o E £�'C IS ' a v ►`t Z 1� rn' 0 o c v c o (/9)- c m t� ' fi QWO ° o 04 1 y s d a O c to �` ;,f CC _ C in '5 -c U _ c a o w LL ZO 4. " Cl- 0 4 t= m k . , J na • UiI r "`'.. 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J f.......y/ t om.',*,\ w \..14.,-,i'N, , \` \..1,....„.......„_,..„/me . tC ,x :-.,,,i,„...,,,,,k,,,,\:,\„:,,xi„.71,-::::-",-: �.` III .:7'1'...:5,,. .. `, ''7)1 , l-,ir:-.3-iir-ri*Q"11:) ei://4;': ,.4,l't,,,4::.\,,:\,4\•\ .,,,•,,;," ''*-‘k ,,,, ' '"4,1,41,f,...-', '`,,',.\ ;,, . 1,-.1„,,,,,,,,,„;;;;,!I } 3,,,, 14,„\,-;1^, ,.,;,..-q' s„ -- N..,..._„,:..._..„,„,,,_,N,i ,,,‘,,,,,,,.,,,..,\ Lvi`v D a f a y 1 431 M1 III CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R.Michael Leek, Community Development Director SUBJECT: Comprehensive Stormwater Management Plan MEETING DATE: November 17, 1998 INTRODUCTION: because from prepared a comprehensive stormwater management plan. In part City management frommtheCof ongoing recommendations for modificationformallyadoptedwatershed It has been used to organizations(wMOs)the plan has never been decisions. The Minnesota Department of Natural esouas ce revised, d) guidesdevelopment ani urged the City to the forward rCo adoption at its October 8th and November 5th and was reviewed by the Planning meetings. PLANNING COMMISSION RECOMMENDATION: of the On November 5th, the Planning Commission voted 6-0 to recommend approval Comprehensive Stormwater Management Plan as submitted for review by the City Counci l Compre and inclusion in the Comprehensive Plan for further review. ALTERNATIVES: rove the Comprehensive Stormwater ManagementPlan asor affected d , a d ttections. 1. App d lan for review and comment by adjacent distribution of the p 2. Approve the Comprehensive Stormwater Management Plan or affected jurisdictions. revisions and distribution of the plan for review and comment byadjacent J 3. Do not approve Comprehensive Stormwater Management Plan. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion consistent with the Council's wishes. R. Michael Leek Community Development Director 2 • CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Surface Water Management Plan MEETING DATE: October 8, 1998 INTRODUCTION: In 1994 the City and it's then consulting engineer prepared a surface water management plan. The plan was never formally adopted, but has been used to guide development decisions. Recently, Pat Lynch, Regional stafftha rlan mlst with the ust be formMinnesota adopted be ore final Natural Resources (DNR), informedP DNR approval of the City's shoreland ordinance will be granted. The plan has been revised, and a copy has been provided for Commission review. ALTERNATIVES: 1. Recommend approval of the Surface Water Management Plan as submitted, and distribution of the plan for review and comment by adjacent or affected jurisdictions. 2. Recommend approval of the Surface Water Management Plan with revisions and distribution of the plan for review d jurisdictions. 3. Do not recommend approval ofthe Surface Water Management Plan. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Offer and pass a motion recommending approval of the Surface Water Management Plan as submitted and distribution of the plan for review and comment by adjacent or affected jurisdictions. _ R. Michael Leek Community Development Director 350 Westwood Lake Office BA.Mittelsteadt,P.E.Bret A.Weiss,P.E. 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 Memorandum To: Bruce Loney, City of Shakopee City of Shakopee Planning Commission From: Peter R. Willenbring, P.E., WSB&Associates Date: September 30, 1998 Re: City of Shakopee Comprehensive Stormwater Management Plan WSB Project No. 1014.08 Attached is a copy of the draft text ofthe City of Shakopee's Comprehensive Stormwater Management Plan. This text has been revised from the original version to reflect City Staff and review agency comments that were submitted in the past. This copy of the plan should be reviewed in conjunction with the attached comment and response letters to the Metropolitan Council and the Watershed Districts since these comments and responses have not yet been incorporated into the text of the plan. Please be advised that the Watershed Districts have approved the City's plan with the provisions that the changes outlined in the comment/response letters be incorporated into the plan. Upon receipt of your comments,the plan will be updated to reflect these changes. Please do not hesitate to contact me with questions or comments at 541-4800. am Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER F� 1014.08�09309E-memowpd /3! e CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Comprehensive Stormwater Management Plan MEETING DATE: November 17, 1998 INTRODUCTION: In 1994 the City prepared a comprehensive stormwater management plan. In part because from of ongoing recommendations for modification from the watershed management organizations(WMOs)the plan has never been formally adopted. It has been used to guide development decisions. The Minnesota Department of Natural Resources (DNR) has urged the City to move forward on adoption of the plan. The plan has been revised, and was reviewed by the Planning Commission at its October 8th and November 5th meetings. PLANNING COMMISSION RECOMMENDATION: On November 5th, the Planning Commission voted 6-0 to recommend approval of the Comprehensive Stormwater Management Plan as submitted for review by the City Council and inclusion in the Comprehensive Plan for further review. ALTERNATIVES: 1. Approve the Comprehensive Stormwater Management Plan as submitted, and distribution of the plan for review and comment by adjacent or affected jurisdictions. 2. Approve the Comprehensive Stormwater Management Plan with revisions and distribution of the plan for review and comment by adjacent or affected jurisdictions. 3. Do not approve Comprehensive Stormwater Management Plan. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion consistent with the Council's wishes. R. Michael Leek Community Development Director 12. . CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Surface Water Management Plan MEETING DATE: October 8, 1998 INTRODUCTION: In 1994 the City and it's then consulting engineer prepared a surface water management plan. The plan was never formally adopted, but has been used to guide development decisions. Recently, Pat Lynch, Regional Hydrologist with the Minnesota Department of Natural Resources (DNR), informed staff the plan must be formally adopted before final DNR approval of the City's shoreland ordinance will be granted. The plan has been revised, and a copy has been provided for Commission review. ALTERNATIVES: 1. Recommend approval of the Surface Water Management Plan as submitted, and distribution of the plan for review and comment by adjacent or affected jurisdictions. 2. Recommend approval of the Surface Water Management Plan with revisions and distribution of the plan for review and comment by adjacent or affected jurisdictions. 3. Do not recommend approval of the Surface Water Management Plan. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Offer and pass a motion recommending approval of the Surface Water Management Plan as submitted and distribution of the plan for review and comment by adjacent or affected jurisdictions. R. Michael Leek Community Development Director 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 Memorandum To: Bruce Loney, City of Shakopee City of Shakopee Planning Commission From: Peter R Willenbring, P.E., WSB&Associates Date: September 30, 1998 Re: City of Shakopee Comprehensive Stormwater Management Plan WSB Project No. 1014.08 Attached is a copy ofthe draft text ofthe City of Shakopee's Comprehensive Stormwater Management Plan. This text has been revised from the original version to reflect City Staff and review agency comments that were submitted in the past. This copy of the plan should be reviewed in conjunction with the attached comment and response letters to the Metropolitan Council and the Watershed Districts since these comments and responses have not yet been incorporated into the text of the plan. Please be advised that the Watershed Districts have approved the City's plan with the provisions that the changes outlined in the comment/response letters be incorporated into the plan. Upon receipt of your comments, the plan will be updated to reflect these changes. Please do not hesitate to contact me with questions or comments at 541-4800. am Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER F:IWPWIN\1014.08109309E-memowpd . TCJ• CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Surface Water Management Plan MEETING DATE: November 5, 1998 INTRODUCTION: At its October 8th meeting the Commission continued the public hearing on this item to allow additional time for review. One of the questions raised at that meeting was over which areas of the plan the City could exercise discretion and make changes. The attached memorandum from Pete Willenbring/WSB & Associates addresses that question. ALTERNATIVES: 1. Recommend approval of the Surface Water Management Plan as submitted and distribution of the plan for review and comment by adjacent or affected jurisdictions. 2. Recommend approval of the Surface Water Management Plan with revisions and distribution of the plan for review and comment by adjacent or affected jurisdictions. 3. Do not recommend approval of the Surface Water Management Plan. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Offer and pass a motion recommending approval of the Surface Water Management Plan as submitted and distribution of the plan for review and comment by adjacent or affected jurisdictions. �!_ o R. Michael Leek Community Development Director r ' - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. — 612-541-4800 &Associates,Inc. FAX 541-1700 Memorandum To: Mr. Bruce Loney, Public Works Director City of Shakopee Planning Commission © p From: Peter R. Willenbring, P.E. � (1 OCT 2 6 • WSB &Associates "" C/ c,?; Date: October 21, 1998 OF 'OPEE Re: Shakopee Comprehensive Stormwater Management Plan WSB Project No. 1014.08 As a follow up to the Planning Commission meeting held on Thursday, October 8, 1998, we have reviewed the content of the Shakopee Comprehensive Stormwater Management Plan(CSMP)for the purpose of highlighting which areas of the plan can be changed. This review is based on our professional judgement associated with the Lower Minnesota River Watershed District(LMRWD), Prior Lake-Spring Lake Watershed District(PLSLWD),and Minnesota Rules 8410 requirements for Stormwater Management Plans. Based on this review, it is our opinion the following areas of the CSMP could be changed by City Staff and the Planning Commission, if so desired. A Section V -Problems and Corrective Actions If City Staff and/or the Planning Commission are aware of additional water resource related problems within the City,these problem areas could be added to this section. In addition,the manner in which problem areas are addressed can be modified if the City so chooses. However, problem areas currently outlined in the text cannot be removed. Section V is included with this memo for your review. B Section VII - Implementation Priorities and Programs Tables 4,5,and 6 in Section VII can be revised to reflect any additional capital improvement projects,stormwater management programs,and/or stormwater management studies that the City feels should be undertaken in response to any changes made in Section V. Unless it can be demonstrated that the existing projects,programs,or studies create financial hardship on the City, the existing projects, programs, and studies should not be eliminated. Before the implementation of any of these projects,programs,or studies,plans will be submitted to the City for review. Tables 4, 5, and 6 are included with this memo for your review. C Freeboard Requirements Currently,the policy regarding low building opening elevations within the City is as follows: 1. Any new or redevelopment within the City will maintain minimum building openings 3 feet above the anticipated high water elevation as a standard practice. However,if Infrastructure Engineers Planners F:\WPW►N\1014.08\101498-bl.wpa EQUAL OPPORTUNITY EMPLOYER October 21, 1998 Page 2 this 3 foot freeboard requirement is considered a hardship, the standard could be lowered to 2 feet if the following can be demonstrated: a. That,within the 2 foot freeboard area,storm water storage is available which is equal to or exceeds 50% of the storm water storage currently available in the basin below the 100-year elevation. b. That a 25% obstruction of the basin outlet over a 24 hour period would not result in more than 1 foot of additional bounce in the basin. c. An adequate overflow route from the basin is available that will provide assurance 1 foot of freeboard will be maintained for the proposed low building opening. 2. Require setting minimum basement floor elevations to an elevation that meets the following criteria: a. The basement floor will be 4 feet above the currently observed groundwater elevations in the area. b. The basement floor elevation will be 2 feet above the elevation of any known historic high groundwater elevations for the area. Information on historic high groundwater elevations can be derived from any reasonable sources including piezometer data, soil boring data, percolation testing logs, etc. c. The basement floor elevation will be 1 foot above the 100-year high surface water elevation for the area unless it can be demonstrated that this standard creates a hardship,and that the basement floor will be 1 foot above the highest anticipated groundwater elevation that could result from high surface water elevations elevating groundwater elevations in the area during a 100-year critical duration rainfall event. The impact of high surface water elevations on groundwater elevations in the vicinity of the structure can take into consideration the site's distance from the floodplain area,the soils,the normal water elevation of surface depressions in the area,the static groundwater table and historic water elevations in the area. Some changes to this policy as well as the other sections of the plan highlighted herein could be made if the Planning Commission and Council feel it is appropriate to do so. However, the CSMP as currently drafted has general support from City Staff and from various review agencies. Please supply all comments, if any, regarding the above issues to me at the next Planning Commission meeting. If you have questions or comments, please call me at 541- 4800. attachments am/sm F:\W PW IN\1011.08\101498-bl.wpd SECTION V V. ASSESSMENT OF PROBLEMS AND CORRECTIVE ACTIONS Outlined below is an assessment of existing and potential water resource related problems that are known at this time. These problems have been identified based on an analysis of the land and water resource data collected as part of this local plan preparation and through public input. A description of any existing or potential problem within the topic area has been listed. A. Lake and stream water quality problems. 1. Sediment deposition in Dean's Lake from the Prior Lake - Spring Lake outlet channel. 2. Degradation of water quality in Dean's Lake. 3. Septic system failures around Dean's Lake have occurred as a result of high water fluctuations in this basin. Corrective Action Complete diagnostic feasibility study for Dean's Lake that will establish a recommended long term management program. The study will identify feasible options for protecting or improving water quality,maintaining reasonably stable lake levels, and outline a management program that will assure that proper and reasonable management measures are implemented. The study will also preliminarily design an improved Dean's Lake outlet that will more exactly define the lake's normal and high water elevations. This study should also address the existing performance and water quality impacts of the septic systems that are in place around the lake. 4. Miscellaneous ponds within the City have been subject to degradation as a result of erosion and sediment deposition into these ponds and basins. Corrective Action Develop stormwater pond maintenance plan that defines and schedules necessary maintenance actions on stormwater basins to assure these basins are capable of meeting the rate control and treatment functions for which they were design both now and in the future. WSB Project No. 1014.08-Rev.9/97 SECTION V-1 5. Lack of effective water quality monitoring process for lakes and other waterbodies. Corrective Action Develop a water quality monitoring program to insure that stormwater treatment goals and design removal efficiencies are met within stormwater treatment basins. 6. Wells along County Road 16 were found to be high in nitrates. Corrective Action Develop a groundwater quality management plan for the City that will address well water quality. It is anticipated this plan will be based on implementation of a more regional plan, perhaps by Scott County. B. Flooding and Stormwater rate control concerns within the City. 1. Low water elevations in Dean's Lake were identified as a significant problem. It was suggested that low water levels be corrected by considering pumping water from the Shiely Pit up into Dean's Lake. Corrective Action Complete diagnostic feasibility study for Dean's Lake (See Section V Subpart A for more complete description). 2. A flooding problem was identified in the Boiling Springs area. Corrective Action Develop formal agreement between the City of Savage and the City of Shakopee regarding drainage plans for areas along the two cities' common border. 3. A localized depression in the Canterbury south drainage area floods and causes problems for businesses in this area. It was noted that this problem would be corrected through the construction of State Trunk Highway 101 bypass. WSB Project No.1014.08-Rev.9/97 SECTION V-2 r . Corrective Action Implement planned drainage improvements associated with the Upper Valley Drainageway to provide positive outlet for Canterbury South Drainage Area. 4. A flooding problem was noted in the vicinity of County Road 21 immediately south of County Road 16. 5. A flooding problem was noted in the vicinity of Marschall Road at Valley View Road. 6. A flooding problem was identified behind Eagle Creek Town Hall. 7. A flooding problem was identified one mile south of County Road 16 and County Road 83. Corrective Action Complete study for flood problem areas in the vicinity of County Road 21 immediately south of County Road 16,area in the vicinity of Marschall Road at Valley View Road, area in the vicinity behind Eagle Creek Town Hall,and the area in the vicinity one mile south of County Road 16 and County Road 83. C. Flooding or stormwater rate control concerns between the City and adjoining communities. 1. A question and/or concern was noted regarding whether or not Indian Reservations would be required to conform to WMO planning requirements. 2. A concern was noted regarding the need for this plan to address how stormwater run-off would be handled for water entering the City of Shakopee from outside communities as well as water leaving the City of Shakopee into other municipalities. Of specific concern is how stormwater runoff is controlled between the municipal boundaries of Shakopee and Savage and Shakopee and Jackson Township. The need for formalization of agreements with other municipalities adjacent to the City of Shakopee was also noted. Corrective Action Develop formal agreement with all bordering communities as well as the Indian Reservation relative to how they plan to provide adequate rate control and treatment for stormwater run-off leaving their communities and entering the City WSB Project No. 1014.08-Rev.9/97 SECTION V-3 of Shakopee. 3. A concern has been noted regarding the protection of groundwater levels within the Eagle Creek Watershed in order to protect the Boiling Springs and Fen areas. Corrective Action The City of Shakopee will undertake a groundwater study in the vicinity of Boiling Springs and Fen areas to the extent necessary to assure these areas will be protected. The City will also work with the City of Savage to coordinate the two cities groundwater protection activities within the Boiling Springs and Fen areas. D. Impacts of water quantity or quality management practices on recreational opportunities. 1. A concern was noted regarding the continual pumping out of the Shiely quarry. There was a concern that this pumping may be excessive and that this pumping may have an impact on the City wells and water table. There was concern that the Shiely quarry pumping was lowering the static and dynamic head within the City wells. It was recommended that Shakopee's Public Utilities Commission (SPUC) be contacted to obtain any information they may have on this issue. It was also noted that the City should work with Shiely to address these issues. Corrective Actions a. Undertake study to define impact of pumping in Shiely Quarry on groundwater levels in region. Specifically,the impact of this pumping on static and dynamic head at City wells and other impacts relative to quantity and quality should be evaluated. b. The City of Shakopee should work with Shiely to develop alternative uses for this water. 2. Non-point source pollution to the Minnesota River from its watershed has resulted in the River not meeting its designated water quality standards. Corrective Actions a. Implement Shakopee Comprehensive Stormwater Management Plan to address non-point source pollution directed to the Minnesota River. WSB Project No.1014.08-Rev.9/97 SECTION V-4 b. Meet requirements associates with Cities NPDES Permit for Upper Valley Drainageway Outfall. E. Impacts of stormwater quality on fish and wildlife resources. No Impacts have been identified. F. Impacts of soil erosion on water quality and water quantity. 1. • During significant rainfall events, soil erosion, particularly from construction sites has carried sediment to waterbodies within the City. This sediment deposition has reduced the depth of water within these waterbodies and degraded the quality of water in the basin. 2. Concern was noted regarding the need for adequate erosion control measures to be utilized in the City and that the implementation of best management practices should be addressed in this plan. 3. It was noted that additional erosion control was necessary in many areas undergoing single family home construction. Corrective Action Continue to implement erosion control programs currently in place within the City for areas where construction activity is taking place. 4. Bluff erosion north of County Road 16 in the vicinity of Mullenhardt Road and the intersection of County Road 21 and Country Road 17 was noted. Corrective Action Develop City program to complete semi-annual inspection across the City for the purposes of identifying areas within the City that are not under active construction but over which erosion problems are present. 5. It was recommended that the erosion control programs developed by the City be coordinated with the NPDES program that MPCA has recently been developing. Corrective Actions Work with the MPCA in their administration and enforcement of EPA's NPDES Erosion Control Program. • WSB Project No. 1014.08-Rev.9/97 SECTION V-5 G. General impact of land use practices and in particular land development and land alteration on water quality and water quantity. 1. Selected areas of the City have been exposed to increased rates and volumes of stormwater runoff as a result of an increase in impervious surface area. Other land development and land use practices have negatively impacted both water quality and quantity outside of the City limits. Corrective Action Implement Shakopee's Comprehensive Stormwater Management Plan. H. The adequacy of existing regulatory controls to manage or mitigate adverse impacts on public waters and wetlands. 1. It is the City's position that their existing regulatory controls are adequate to manage or mitigate adverse impacts on public waters and wetlands. What is needed is additional enforcement of these regulatory controls. Corrective Action The City will serve as the local governmental unit in the administration of the rules associated with the Wetland Conservation Act of 1991. 2. The need for a community educational program was noted. Corrective Action The City will implement a Community Education Plan to increase residents' awareness concerning proper water resource management. I. The adequacy of programs to limit soil erosion and corresponding water quality degradation. 1. It is the position of the City that their existing programs are adequate to limit soil erosion and corresponding water quality degradation,provided that enforcement of these programs is expanded. Corrective Action The City will continue to implement their existing erosion control permitting program, work with the MPCA to assure their erosion control program is WSB Project No. 1014.08-Rev.9/97 SECTION V-6 adequately implemented and enforced,and complete semi-annual inspections of the City for the purpose of identifying and correcting areas where soil erosion is occurring. J. The adequacy of programs to maintain the tangible and intrinsic values of natural storage and retention systems. 1. It is the position of the City that a program is needed that sets goals for maintaining various waterbodies for their intended use. Corrective Action As part of this planning effort, all waterbodies within the City have now been classified for their intended use. K. The adequacy of programs to maintain water level control structures. 1. The City believes adequate programs are in place to maintain all water level control structures within the City. No corrective action required. L. The adequacy of capital improvement programs to correct problems relating to water quality,water quality management,fish and wildlife habitat,public waters and wetland management, and recreational opportunities. 1. A concern was brought up noting that Shakopee is at a competitive disadvantage over communities that have developed in the past because the cost associated with implementing new requirements has significantly increased. The City was encouraged to take into consideration the cost for implementing new requirements and try to develop measures that would reduce the cost so that the City's businesses and residents could be competitive with other cities in the Twin City metropolitan area. Corrective Action The City will work with developers to ensure that development occurs in a cost effective manner. 2. Construction of a fixed positive outlet from Dean's Lake that would establish a normal elevation has been requested. In addition,as part of the construction of such an outlet, drainage issues related to the Prior Lake Spring Lake discharge, WS8 Project No. 1014.08-Rev.9/97 SECTION V-7 the MN/DOT bypass improvements, and downstream drainage issues were all identified as issues requiring additional study and constructed improvements. 3. A need was identified to lower the 100-year elevation in Dean's Lake if possible. Corrective Action Complete diagnostic feasibility study for Dean's Lake.(See Section V,subpart A for a more complete description of the scope of the study) 4. It was recommended that the use of tax increment financing to fund stormwater management projects be explored. Corrective Action The City has available a stormwater utility that can serve as a mechanism to fund projects and programs that are viewed to be in the public's best interest. M. Identification of potential problems which are anticipated to occur within the next twenty years based on growth projections and planned urbanization. 1. The City anticipates residents within the City will exert increased pressure to improve the quality of water within the City and the appearance of stormwater retention areas. Corrective Action The implementation of this Comprehensive Stormwater Management Plan will address water quantity, quality, and maintenance issues associated with stormwater retention areas. Maintenance of these stormwater retention areas will be further defined in the Stormwater System Maintenance Plan outlined in Appendix Q. 2. It is noted that the development community needs to be continually represented in City planning efforts. It was further recommended that a task force representing various areas within the development community be formed to properly review and respond to issues outlined in this plan. Corrective Action The City's Planning Commission and City Council would welcome input from a task force that would present the private development communities' views WSB Project No.1014.08-Rev.9/97 SECTION V-8 concerning the City's policies and procedures. The City will encourage the formation of this task force and work with representatives of the task force to assure that the private development communities'needs and desires are taken into consideration. 3. Increased demand for public access and/or trail systems for waterbodies within the City. 4. The need for an improved public boat access for the Minnesota River. Corrective Actions The City's Comprehensive Plan will specifically attempt to develop plans for additional public access and/or trail systems to provide access to or connection with various waterbodies within the City. N. The adequacy of existing technical and background information on systems in the City that are used to manage water resources. 1. A concern was noted that the rainfall frequency curves presently being used may no longer be accurate and should be updated. Corrective Action Updated rainfall frequency curves have been developed for this area based on data gathered through 1991. In addition, the City attempt to develop rainfall frequency curves for the specific region south of the Minnesota River that appears to experience the micro-climatic affects of the river bluffs. The Midwestern Climate Center will be contacted to perform this analysis. 2. A need was identified for the DNR to establish a OHW for Dean's Lake. Corrective Actions In conjunction with completing the diagnostic feasibility study for Dean's Lake, the DNR will be requested to define an ordinary highwater level for Dean's Lake. WSB Project No.1014.08-Rev.9/97 SECTION V-9 SECTION VII VII. IMPLEMENTATION PRIORITIES/IMPLEMENTATION PROGRAM Based on the information developed in Sections III through VI, the City has developed a water resource management program that reflects the needs and concerns of the City staff, council, citizens,and the funding capabilities of the City. A prioritized listing of the studies,programs and capital improvements that have been identified as necessary to respond to all of the water resource needs within the City is outlined on the following tables. 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O U 0 '.Y. w ,9, -- U 'D 2 > U 'O Lt] 5 UJ 7 N t0 ' z CIu • h .o N co 0 Z O cnen Cl)cn v) 3 5- • cn 2 0 • • 0 0 0 w C 00 G\ i 9 !J1 W - 0 _ A -, p O co N O Z �.. 4NA 69 CDo ;� 0 a N N H � eo ., C o0 as '' U CO o O •E W .. � vv, nCa � 5 O F. c E c ;X w V 'z C � •C V t- Q C C a w O O -v T ` Ce u = o •- O u W a n• E s U a U _Fr • A j • E u s c0 � 3 U c `c c -.0C4 -: a. _ -o ad o`o °..' c3 r E-- o a 3 /Y. f. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Park Dedication Fees Date: October 27, 1998 INTRODUCTION Council is being requested to adjust the park dedication rates for residential and commercial/industrial developments. BACKGROUND At a September 30, 1998 City Council Workshop, Greg Ingraham of Ingraham and Associates presented his findings and recommendations for the City's Parks Systems Plan and the park dedication study for commercial and industrial property. The purpose of the park dedication study was to demonstrate a rational nexus between the required dedication and the impact of the proposed development. Ingraham's study indicated 15% of those who use local park and recreation facilities are from Shakopee's commercial and industrial areas and 85% of the users are from residential areas. Using the 15% commercial-industrial and 85% residential proportional ratio, it was determined $3.9 million(15%) of new park and trail demand is attributable to commercial-industrial growth and $19.4 million or 85% of future growth in the park system would be attributable to residential growth. (See Attachment.) Based on the analysis, the existing park dedication fees of$750 and $900 per dwelling unit for residential development are insufficient for acquiring and developing park and recreation facilities to serve new development. The study also revealed, the $4,500 per acre dedication fee for commercial and industrial property exceeds the future park system's proportional cost for land. Thus, the City should revise its park dedication fee schedule to reflect the actual proportional ("fair share") cost of the system which is 15% for residential development and 85% for commercial/industrial development. The following rates were recommended: Existing Fee Proposed Fee Residential Single family/Duplex Units $900 $1,800 Multi-family/Apartment Units $750 $1,500 Commercial/Industrial Property per acre $4,500 $3,880 At the September 30, 1998 City Council Workshop, it was suggested the new rates be phased over a three period and not all at once. For example: 1999 Fee 2000 Fee 2001 Fee Residential Single family/Duplex Units $1,200 $1,500 $1,800 Multi-family/Apartment Units $1,000 $1,250 $1,500 Commercial/Industrial Property per acre $3,880 ALTERNATIVES 1. Implement the proposed fees at full proportional cost of$1,800, $1,500 and $3,880 2. Phase the new proposed fees over a three year period except for Commercial and Industrial property which shall be reduced from$4,500 to $3,880 in 1999. 3. Make no changes to the Park Dedication Fee Schedule. RECOMMENDATION At its Monday, October 26, 1998 meeting, the Parks and Recreation Advisory Board recommended to phase-in the park dedication rates over a three year period. Alternative #2. ACTION REQUESTED Offer Resolution No. 5024, a Resolution to amend the 1998 Fee Schedule to increase Residential Single Family/Duplex Units Fee from$900 to $1,200 and Multi-family and Apartment Units Fee from$750 to $1,000 and to lower the Commercial and Industrial property per acre from $4,500 to $3,880 and move for its adoption. 924/a Mark J.1 cQuillan Parks and Recreation Director ttY;C +0F1 i P1 G.R A H_ A'.M:'.` I A SSS'O C ATE.S ��•.^&1 i.. .-1 To: Mark McQuillan,Park and Recreation Director From: Greg Ingraham,Park Planning Consultant Date: September 25, 1998 RE: 1. Shakopee Comprehensive Park& Trail System Plan 2. Park Dedication Fees—Analysis& Recommendations The following information is attached for City Council review: 1. Summary of the Park Plan findings and recommendations. 2. Population growth forecast and park acquisition recommendations. 3. Map of the service areas of existing developed parks. 4. Map of park district service areas and recommended new neighborhood and community parks within the districts Iocated south of Highway 169. 5. Map of existing and planned trails. 6. Summary of the park dedication fee analysis and recommendations. 7. Park dedication fee analysis and recommendations memo (dated Sept.25, 1998). I will be at the September 29`b meeting to discuss these items and to answer questions regarding park system needs. Zss4 Swre )amu M)aneopoi,.,MV 55408 (612)377 2500 .,.r+o.. (512)311.1010"u.^4 Shakopee Park Acquisition Recommendations 2 p 4 New Min. Park Rec. Recreation District & Growth Acres Park Park Recommendation by Service Area Persons Needed* I Acres' I District & Service Area Original 1 Shakopee 1,357 2 St. Francis 12,280 164 4-10 ac neghborhood parks, A I I 45 11-5 acre neighborhood park 2-10 ac neighborhood parks, g 50 1-30 ac school-city park C 20 I 2-10 ac neighborhood parks 1-10 ac neighborhood park, D 15 1-5 ac neighborhood park E 20 2-10 ac neighborhood parks F 20 2-10 ac neighborhood parks 1-20 ac school-city park, 3 I Dean Lake 7,417 99 45 1-25 acre community park A 15 2-7.5 ac neighborhood parks g 20 2-10 ac neighborhood parks 1 C 20 2-10 ac neighborhood parks 1-40 ac community park on 4 Highlands 411 5 40 north end of district 21,465 268 310 DRAFT May 13, 1998 by Ingraham &Associates Inc. 1acR5 people "Includes park needs(athletic fields& passive parks)for non-residential development Plus trails and special use facilities such as golf courses, pools, beaches etc. . . lnartr:n::•i vVZt* 1r+L. rgoat. 03 rNG=RA.-11. aMq • it-TE: S;" 7 !:'ir.::r 31c$irrchtr iG":'St To: Mark McQuillan, Shakopee Park and Recreation Director From: Greg Ingraham,Park Planning Consultant Date: September 25, 1998 Re: Park Dedication Analysis and Recommendations Summary The Comprehensive Park and Trail Plan update and the Park Dedication Analysis show that the City's current park dedication fees will not provide sufficient funds for acquisition and development of the park and recreation facilities needed to serve new development. The existing park dedication ordinance provides a reasonable method for allocating land and fee dedications for parks and trails,however the residential fees are too low and do not reflect the cost of the acquiring and building the park system. The fees are also less than the equivalent value under a land dedication situation. The park dedication analysis is based on creating a"fair share"fee system,where new residential and commercial-industrial development will pay for the cost ofnew park and recreation facilities needed to serve those developments. Phased park dedication fee increases are recommended to establish the"fair share" relationship. Changes to the fee collection system are also recommended. Background In June, 1997 the City of Shakopee revised its park dedication requirements and fees. The park dedication ordinance and fee schedule calls for new subdivisions to dedicate 10%of the undeveloped land or pay a per-dwelling unit fee for residential or a per acre fee for commercial-industrial property. Z659 Jkocr t Ar 114%56_1n Sudo 100 MInne;aolo. MN 55408 (612)3212500 wanes. ibi2!3/1.1010 .,•a• • - ---- --• . . -- - lNk3P".""M VU, INI. F'aLlt U5 School-City Parks 2 at 20-30 acres each a 50 acres Community Parks 2 at 25-40 acres each = 65 acres Total 310 acres Trails 37 miles The 310 acres of additional park acquisition represent a core park system and does not include trail right of way, special use parks(historic,municipal pool, public golf, civic center, etc.), maintenance facilities or additional open space/conservation parks. Park development costs range from S25,000 to $50,000 per acre depending on the type of park and average around$30.000 per acre. Assuming half of the 37 mile trail system will require land acquisition(the other half would be part of road right of way), approximately 45 acres of land is needed for new trails. Trail construction cost is approximately$65,000 per mile. Community, City-School and Neighborhood Parks Land Acquisition 310 acres at$32,500 each =$10.1 million Development 310 acres at$30,000 each = $ 9.3 million $19.4 million Trails Land Acquisition 45 acres at$32,500 each —S 1.5 million Development 37 miles at$65,000 each =S 2.4 million $3.9 million Total Core System Additions Cost Estimate: $23.3 million Residential—Commercial/Industrial Use It is estimated that 10,000 people currently work in Shakopee. The number of workers in Shakopee is forecast to increase to 14,900 employees by 2020. Approximately nine miles of trail system(25%of new trail network)and 15%of the new park demand are attributable to commercial-industrial development. The 15%park use figure is based on current commercial-industrial use of Shakopee parks(primarily adult leagues and facility reservations) and similar use patterns in other metro area communities. Using the 15%commercial-industrial and the 85%residential proportional ratio the following system costs are attributable to the two land use categories. Total Park and Trail System Additions —$23.3 million Residential Share(85%of park +75%of trail) = $19.4 million Comm./Industrial Share(15% of park+25%of trail) a S 3.9 million 3 -- Park Dedication Fee Collection Most cities establish and collect park dedication fees from the developer at the time of final plat approval. The City of Shakopee,establishes the park dedication fee at the time of subdivision approval and collects the fee from the homeowner at the time of building permit issuance. Shakopee's current method has two problems. The fee collection system does not account for inflation. The time between plat approval and building permit issuance(1-10 years),results in a lag between the actual cost of acquiring and building parks and the fair share amount paid by the owner. For example, an owner obtaining a building permit in 1998 for a lot within a subdivision platted in 1992 would pay the 1992 rate of S556 instead of the current rate of S900. The fee collection is also unpredictable in any given period. This results in the general public having to subsidize new park development through the general fund. Inefficient administration and collection. The city must determine the correct fee rate for subdivisions of differing years and collect from every individual who obtains a building permit for new construction. This means researching, collecting fees and recording approximately 10,000 payments. Collection on a per plat basis would reduce the number of collections to approximately 1,000 payments(one per subdivision). Collection from the developer would also allow home owners to cover the fee within a mortgage as opposed to a cash payment as part of the building permit. Collection Recommendation It is recommended that Shakopee collect the park dedication fees at the time of final plat approval. This is consistent with most metro area cities and is consistent with the timing of land dedication requirements. This will reduce administrative costs,will allow homeowners to finance fees,and will allow more efficient timing and construction of neighborhood parks. An alternative would be to retain the current collection at permit issuance, but require the payment to be the current per unit park dedication fee. This would insure that the fee more closely reflects current costs. CC: Michael Leek,Community Development Jim Thomson, City Attorney 5 RESOLUTION NO. 5024 A RESOLUTION AMENDING RESOLUTION NO. 4801 A RESOLUTION SETTING FEES FOR LICENSES, PERMITS, SERVICES AND DOCUMENTS WHEREAS: the City Council has adopted a Fee Schedule for the fiscal year; and WHEREAS: changing conditions and circumstances warrant amending the Fee Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Resolution No. 4801, the 1998 Fee Schedule, is hereby amended on page 16 as follows: D. Park Dedication Fees (Authorized by City Code Sec. 12) Cash in lieu of land dedication fees - Residential Single family/Duplex Units $1,200 Multi-family/Apartment Units $1,000 Commercial/Industrial Property per acre $3,880 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE IS A, l Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek SUBJECT: Drainage Ponds and Fencing MEETING DATE: November 17, 1998 INTRODUCTION: In response to calls expressing concern about the safety of drainage ponds that had been constructed as part of the Crossroads Center and Weston Ponds projects, the Council asked for a briefing about drainage ponds and fencing. After receiving this briefing in September, the Council directed staff to develop"needs based" criteria for requiring fencing around drainage ponds. DISCUSSION: Staff contacted several more cities and found that only one, Plymouth, has a written policy regarding fencing drainage ponds. Plymouth's policy was passed in the form of a Council resolution. It is lacking in specifics except to require fences when the side slopes are steeper than 3:1, and directs review on a case-by-case basis. The City of Shakopee does not allow side slopes steeper than 3:1, and recently Engineering has instituted a policy of requiring shelving to improve side slope safety. Staff also used the Internet to search for examples nationwide, and found none. The issue has been discussed with the City's Public Works Director,Bruce Loney, and Police Officer Lipinski, who reviews development issues for the Shakopee Police Department. Public Works Director Loney has previously stated his general opposition to fencing drainage ponds because: 1) the fencing is expensive to install, 2) the fencing is expensive to maintain, 3) fencing can impede rescue efforts should there be an emergency, and 4) fencing could, in fact, create an attractive nuisance for children. Officer Lipinski has indicated that fencing may be appropriate in cases where there is a risk of a large number of children being unsupervised or inadequately supervised, such as a school or apartment complex. She has indicated that each case should be evaluated individually. The author of this report is in agreement with the Public Works Director, and would suggest that, in addition, fencing may have a negative visual impact that is not offset by safety gains. Nonetheless, staff has prepared the criteria below for Council's consideration. • In commercial and industrial districts where a stormwater pond is proposed to be located within 100 feet of a residential building, the builder and/or developer shall install a 6-foot high safety fence along the property line separating the commercial or industrial property and the residential property. • Ponds shall have a 10:1 bench at the Ordinary High Water(011W) mark. • Fencing should be required around drainage ponds with side slopes having a ratio of 3:1 or less. • Fencing may be required for drainage ponds in close proximity to uses that present the risk that large numbers of children may be unsupervised or inadequately supervised. Examples of such uses may be schools and apartment buildings. • The installation and maintenance of fencing shall be the responsibility of owner of the property the drainage pond is located on. • Whether to require fencing shall be evaluated on a case-by-case basis. ALTERNATIVES: 1) Offer and pass a motion directing staff to implement the criteria as presented or with modifications. 2) Offer and pass a motion directing staff to prepare a resolution for Council action embodying the criteria as presented or with modifications. 3) Do not adopt the criteria, either as presented or with modifications. 4) Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion consistent with Council's wishes. R. Michael Leek Community Development Director Urban/Residential Fencing Only There are 20 ponds in urban/residential Shakopee. The addition of Southbridge adds 6 ponds. The average pond in Shakopee is approximately 1,500 feet in circumference. Fencing around these ponds will cost$10-$20 per linear foot. 26 ponds x 1,500 feet = 39,000 feet 39,000 feet x $15.00/lin.ft. = $585,000 Upper Valley Drainage Ditch Approximately 52,500 feet counting both sides of the ditch. 52,500 feet x $15.00/lin.ft. = $787,500 Commercial/Industrial Ponds Approximately 35,000 feet around all commercial/industrial ponds. 35,000 feet x $15.00/lin.ft. = $525,000 CONSENT CITY OF SHAKOPEE i • 6. 2 . Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Computer Training Agreement with New Horizon Computer Learning Centers MEETING DATE: November 17, 1998 INTRODUCTION: The City of Shakopee has not had computer skills training program for City staff. Staff believes that it is desirable to implement one in order 1)to maximize the efficiency and productivity of staff, and 2) to keep City staff's skills up-to-date as computer applications are updated. Staff and the Joint MIS Coordinator, Larry Dushek, reviewed several training options and have concluded that the proposal from New Horizons is the best option at this time. Unlike other proposals,New Horizon's proposal does not require a minimum financial commitment. The partner cities of Prior Lake and Savage have already approved the proposed agreement. Council is asked to authorize the appropriate City officials to execute the attached contract for services. ALTERNATIVES: 1. Approve the attached agreement with New Horizon Computer Learning Centers, and authorize the appropriate City officials to execute said contract. 2. Approve the attached contract with revisions. 3. Do not approve the attached agreement. 4. Table the matter to request additional information from staff. ACTION REQUESTED: Offer and pass a motion to approve the attached agreement with New Horizon Computer Learning Centers, and authorize the appropriate City officials to execute said contract. R. Michael Leek Community Development Director 11/05/1998 12:16 612-798-3701 DAVID MATYCHUK PAGE 02 New Horizons New HO�'1ZO11S Computer Learning Centers of Minnesota Training Agreement Computer Learning Centers November 5, 1998 Thank you for choosing New Horizons Computer Learning Centers of Minnesota as your computer training center! We look forward to providing you with total quality management for all of your computer-related training needs. Your signature below verifies your request for the stated training solutions at the corresponding prices. With an authorized New Horizons Computer Learning Centers' signature below accepting your request for these training solutions at these corresponding prices an invoice will be generated and mailed to your attention. Ybu further agree to remit payment by 30 Days from class and Invoice. Thebelow pricing is valid until Cancellation of either party. If there are any changes that are required,please contact me as soon as possible at(612)798-3749. Please sign and fax this Training agreement to my attention at(612)798-3701. Thank you! David S.Matychuk CLIENT: Contact: Larry Dushek Company: Cities of Prior Lake.Savage and Shakopee TRAINING SOLUTION REQUESTED: Client-Site Classes: A New Horizons' Certified instructor and manuals and a Laptop with mouse for each individual at your selected training facility. This includes New Horizons 6 month repeat privilege guarantee, and our 60 day help desk. We will also use your projection system that you provide in class. We cover all Microsoft application and versions requested i.e. MS Word, Excel, Access, PowerPoint and Windows 95. There is no limit or guarantee for either party on the number on clientsite training sessions provided. Training will be provided in increments of 4, 6, or 8 hour sessions. New Horizons will bill each city and maintain the rosters and bill according to each city's usage. Maximum number of students will be 12 with no minimum requirement. New horizons is responsible for their equipment and any damage or loss that may occur. Client is responsible for providing training room and all clients equipment used is the clients responsibility. Pricing includes setup fees. New horizons will oversee registration functions via. Email at drnatychuk@newhorizonsmpls.com. TRAINING SOLUTIONS(Please List) QUANTITY UNIT PRICE TOTAL PRICE Clientsite Training 4 hour session 4 hr. $120.00 $480.00 Clientsite Training 6 hour session 6 hr. $120.00 5720.00 Clientsite Training 8 hour session 8 hr. $120.00 $960.00 CANCELLATION POLICY: Client cancellations or rescheduling for public classes, other than High End or Private classes, made five(5)or more business days prior to the scheduled training date will be at no charge. High End and Private classes(on-site or dedicated day training or lab rental)cancellations or rescheduling made ten (10) or more business days prior to the scheduled training date will be at no charge. In the event of a client cancellation or rescheduling made within applicable period, client acknowledges responsibility to pay full list price. New Horizons reserves the right to modify public class dates. The undersigned, as an authorized agent of the customer named above, hereby acknowledges that the above described training services have been reserved as directed by customer and the undersigned hereby approves the provision of services as described, along with the conditions set forth in this or any prior agreements. We look forward to working with you! — David S. Matychuk Requested by: S ' Account Execu ve: `f 7'c ' Larry Dushek Date DavidS.Matychuk,New orizons /57 Approved by: Minnesota Office: 1401 West 76th Street,Suite 200, Minneapolis,Minnesota 55423 Oakdale Plaza, Oakdale• Earle Brown Tower,Brooklyn Center /S4 3 CITY OF SHAKOPEE CONS Memorandum l/ ENT' TO: Honorable Mayor and Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Extension of Time to Complete Review and Amendment of Comprehensive Plan MEETING DATE: November 17, 1998 INTRODUCTION: Minnesota Statutes Sec. 473.175 —473.871 (1996)requires that municipalities review and revise their comprehensive plans for submission to the Metropolitan Council by December 31, 1998. A part of that process includes distributing the plan to other jurisdictions for their review and comment. In addition, recent discussions with the Jackson Township Board about annexation, the Metropolitan Council regarding ISTS and other issues, Shakopee's Comprehensive Plan will not be fully ready for submission to the Metropolitan Council by December 31, 1998. Therefore staff is requesting that the Council approve the attached resolution requesting an extension on the deadline for submission to March 31, 1999. ALTERNATIVES: 1. Approve the attached resolution requesting an extension of the deadline to submit the City's comprehensive plan to March 31, 1999. 2. Do not approve the attached resolution requesting an extension of the deadline to submit the City's comprehensive plan to March 31, 1999. 3. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer Resolution No. 5019, a resolution of the City of Shakopee,Minnesota, requesting a 90-day extension of the December 31, 1998 due date for review of the City of Shakopee's comprehensive plan for consistency with amended Metropolitan Council policy plan, and move its adoption . RESOLUTION NO.5019 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,REQUESTING A 90-DAY EXTENSION OF THE DECEMBER 31, 1998 DUE DATE FOR REVIEW OF THE CITY OF SHAKOPEE'S COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLAN WHEREAS,Minn.Stat. Sec.473.175-473.871 (1996)requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council plans; and WHEREAS,the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City of Shakopee; and WHEREAS,the City of Shakopee is required to review its comprehensive plan for consistency with the amended policy plans, and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WHEREAS,the City of Shakopee has scheduled and budgeted to complete a major review and update of its comprehensive plan by March 31, 1999; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the City of Shakopee hereby requests that the Metropolitan Council grant the City of Shakopee a 90-day extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the city council, submit the plan to the Metropolitan Council for review. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 is. 6 . Y. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Participation in Metropolitan Livable Communities Act DATE: November 17, 1998 Introduction: The City of Shakopee has previously participated in the Livable Communities Act program. In order to continue to be eligible for the Incentives Programs funds communities must notify the Metropolitan Council of their intent to participate each year. Participation makes communities eligible to compete for the funds available in 3 funding accounts. Alternatives: 1. Offer and approve Resolution No. 5025, a resolution of the City of Shakopee, Minnesota electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar year 1999. 2. Do not approve Resolution No. 5025, a resolution of the City of Shakopee, Minnesota electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar year 1999. 3. Table the matter for additional information. Action Requested: Offer and pass a motion adopting Resolution No. 5025, and directing staff to notify the Metropolitan Council of the City's intention to participate. R. Michael Leek Community Development Director is\commdev\cc\1998\cc 1117\livcomm.doc RESOLUTION NO. 5025 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1999 WHEREAS,the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites clean-up funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life- cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans take to meet the established housing goals through the preparation of the Housing Action Plan; and WHEREAS,the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1998, can participate under Minnesota Statutes Section 473.254 only if: a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1998; and b)the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of October, 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 \ . .LI 502.3 RESOLUTION NO. A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1999 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes Section 473.25 to 473.254)establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites clean-up funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life- cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans take to meet the established housing goals through the preparation of the Housing Action Plan; and WHEREAS,the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1998, can participate under Minnesota Statutes Section 473.254 only if: a)the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1998; and b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality; and WHEREAS, Scott County is the fastest growing county in the seven-county Metropolitan Area; and WHEREAS, since the inception of the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, awards from those funds have largely been made to the central cities of Minneapolis and St. Paul, and the older, developed suburbs; and WHEREAS, continued participation by developing cities like Shakopee can only be insured if their efforts to implement life-cycle, affordable housing, and other Livable Communities goals are actively supported, both financially and otherwise, by the Metropolitan Council; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable communities Act during the calendar year 1999; BE IT FURTHER RESOLVED,that the Metropolitan Council is urged to provide active support to the efforts of Scott County and Scott County communities to implement life-cycle, affordable housing and other Livable Communities goals. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of October, 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum Co N S N Y TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Easement DATE: November 17, 1998 Introduction The attached Resolution No. 5022 sets a public hearing date to consider the vacation of an easement. The requested vacation is for the south 5 feet of a 25 foot easement in vacated Spencer Street west of Lot 1,Block 1, Original Shakopee City Plat. Discussion The City received a petition for the vacation of easement from Mr. James Perry. The attached resolution sets a public hearing for December 15, 1998. 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 your consideration. Action Requested Offer Resolution No. 5022, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement within Vacated Spencer Street, and move its adoption. lie Klima Planner II i:\commdev\cc\1998\ce 1117\vacphpry.doc RESOLUTION NO. 5022 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENT WITHIN VACATED SPENCER STREET WHEREAS, it has been made to appear to the Shakopee City Council that easements dedicated with the vacation of Spencer Street, City of Shakopee, County of Scott, State of Minnesota, serve 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 15th day of December, 1998, at 7:00 P.M. or thereafter, on the matter of vacating easement within vacated Spencer Street, 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 15. r3. ) CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Workers DATE: November 17, 1998 INTRODUCTION: Interviews have been held with candidates for the Public Works Maintenance Worker positions which were authorized at the October 6, 1998 and November 4, 1998 Council meeting. At this time, I am recommending that the City Council authorize the hiring of Michael Nelson and Michael Dellwo to fill these positions. BACKGROUND: In the 1998 Budget, there are nine Public Works Maintenance Worker positions authorized by City Council. Two vacancies were created with the resignation of one employee and the termination of another in October and November of this year, respectively. Staff utilized the Scott County Personnel Department for the selection process and in determining an interview list. The interview panel consisted of the Public Works Director, Public Works Supervisor and Payroll/Benefits Coordinator. After reviewing the results of the interviews, applications and reference checks, the recommendation is to hire Michael Nelson and Michael Dellwo. Their anticipated starting date is November 30, 1998 and would be contingent upon his successful pre- employment physical. Budget Impact: The advertised salary range for the Public Works Maintenance Worker position was listed at $12.57 to $13.02 per hour depending on qualifications. This position is a non exempt position which allows the employee over time pay and the perspective candidates have agreed to Step 2 of the 1998 Pay Schedule for Public Works employees, as included in the labor agreement which is $13.02 per hour. A Step 2 starting salary is warranted, in staff's opionion, due to the experience of the candidates and the fact that the Step 1 pay level actually decreased from previous pay plans due to an eight step pay level system. RECOMMENDATION: Staff recommends the hiring of Michael Nelson and Michael Dellwo for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Michael Nelson and Michael Dellwo as Public Works Maintenance Workers and to be hired at Step 2 ($13.02/Hr.) of the 1998 Public Works Union Pay Schedule effective November 30, 1998 and subject to a successful pre- employment physical and background check. ,L(L. "DY''D/1‘ Bruce Loney Public Works Director BL/pmp HIRED CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Engineering Surveying Services for Upper Valley Drainageway Trail and Marschall Road Sidewalk DATE: November 17, 1998 INTRODUCTION: Attached is a proposal from Bolton & Menk, Inc. on proposed engineering surveying services for the Upper Valley Drainageway Trail north of Vierling Drive within the Meadows development, and sidewalk on the west side of Marschall Road from 11th Avenue to Vierling Drive. BACKGROUND: During the Capital Improvement Program (CIP) work sessions for the 1999 Budget, the City Council did mention that the Upper Valley Trail north of Vierling Drive was a high priority and should be moved up in the CIP. This project is listed for the year 2003 and includes constructing a trail along the Upper Valley Drainageway, north of Vierling Drive, to a point where the trail exists. Attached to this memo is a CIP work sheet for this proposed project estimated at a cost of$62,000.00 to be paid out of the CIP funds. Also included in these proposed engineering services is the surveying work for a sidewalk along Marschall Road, from 11th Avenue to Vierling Drive. Council has mentioned in recent meetings the need to have this sidewalk connection completed to assist pedestrians in this area along the heavily traveled Marschall Road. The proposed sidewalk project cost is estimated to be $35,000.00 and would be paid with Capital Improvement funds, since this sidewalk is adjacent to a County road and per City policy is not assessed. If Council approves this proposal from Bolton & Menk, staff intends to commence on design of these projects over the winter for completion in the spring and summer of 1999. Staff believes that doing the survey work before any snow accumulation is more cost effective and will allow staff to design the improvements over the winter months. The cost of the survey work for the bituminous trail is not-to-exceed $1,015.00 and the cost not-to-exceed for the sidewalk survey work is $1,335.00 for a total of $2,350.00. Any necessary easements for the construction of the trail or sidewalk would be done at a hourly basis, since the number of easements is not known at this time. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for engineering surveying services for the Upper Valley Drainageway Trail north of Vierling Drive, and the Marschall Road sidewalk from 11th Avenue to Vierling Drive. 2. Do not authorize an extension agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1 in order to complete these projects in a timely fashion for next year's construction. ACTION REQUESTED: Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for engineering surveying services for the Upper Valley Drainageway Trail north of Vierling Drive, and the Marschall Road sidewalk from 11th Avenue to Vierling Drive. ruce Loney Public Works Director BL/pmp EXTEND -B. F. PEARSON P SELEMENTARY ASSMB'Y CHURCHv)OF GOD SCHOOL CHURCH10TH AVE,\\\FIRST y) I - 111 LJ W - CY I-I n z 11T -I Av(E, 11 I r/.1 - 411 • ELLI II II � 11TH AVE, _._ ‘ '- r _I LI�� , SHAKOPEE _1\ � / Irri JUNIOR HIGH 1 - ► �� IP SCHOOL O� 1 RA_RIf•,140 • N TONNI / Iiiimiffl 17iI0 L - SED PUR ai llr4JIbR SIDEWAL < C O � � tila -111- - r sa T----- ---- _______, \ i , 1-(,)- Le iii, S© ......_ ....., i >_. N\WI: IV/4 <f LJ r v-N f= - td. Wee- - 6p pvil ,_ /1/ v) ,v) , L_ U Q I-' g : R, 1 i# - 4 ' , ilk• 1 --0 VIERLING DR, P° , A CT. :iiiii 0 D r=lj LILAC CT, � �j e NO SCALE JUNI ER T. HWY , "9 T I m \,, O - N U m m .— t U OO 00 O 0 �` � 0. V CiN N N 0 0) ;- a) +- (O CD cn C C p O iii O` N m C 'O 0- 7 a) o (6 O. F o > c Cm o 3 — a � D a) ca m c mm 'O m o • a) E o co N J E O UO •> a) .0 o 3 12 = C N •.0 0) '� fa f6 Co � ' 34- a) � O� W 'f9 1::: + ..- CO • 0 'gyp co O 3 m 0 aim ',- D c m c s V ... ; NOV-13-98 FRI 0813 BOLTON & MENK, INC. FAX NO. 6128908065 P. 01/01 Ail\ Bc!._TCT &- NA i N K , I Nom. Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville, MN 55337-6857 November 13, 1998 Phone (612) 890-0509 • FAX (612) 890-8065 Mr.Bruce Loney,P.E. Director of Public Works City of Shakopee 129 Holmes Street So. Shakopee,MN 55379-1376 RE: Topographic Surveys for Sidewalk and Trailway Improvements Dear Bruce: It was my pleasure to meet with you today. Listed below is a cost not-to-exceed to prepare the. topographic surveys. Trailway Survey Crew 10 hrs @$80/hr $ 800.00 Survey/CAD Technician 3 hrs @$50/hr $ 150.00 Licensed Land Surveyor 1 hrs @$65/hr $ 65.00 Sidewalk Survey Crew 14 hrs @$80/hr $ 1,120.00 Survey/CAD Technician 3 hrs @$50/hr $ 150.00 Licensed Land Surveyor 1 hrs @$65/hr $ 65.00 Total $2,350.00 Bruce,if you have any questions, feel free to call me. Thank you for your consideration of Bolton &Menk,Inc. and this proposal. Sincerely, BOLTON&MENK,INC. 0 . Dennis M. Honsa,L.S. Survey Manager MANKATO • FAIRMONT • SLEEPY EYE • BURNSVILLE • WILLMAR AMES, A • LIBERTY, MO An Equal Opportunity Employer It ., -.- a —,/ as 6. 8.3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Advance School Flasher System Quotes DATE: November 17, 1998 INTRODUCTION: Attached are quotes received from electrical contractors on installing an Advanced School Flasher System along CSAH 17 near the Shakopee Junior High SchooL BACKGROUND: The City Council at previous meetings indicated a desire to install an Advance School Flasher System to warn motorists of the schooicrossings of CSAH 17 at 11th Avenue and Prairie Lane. Staff had WSB &Associates, Inc. prepared a plan and specifications on such a system and obtain quotes from electrical contractors who are familiar with this type of work. The proposal included two flashing beacons to be located at the advance pedestrian crossing sign location for the 11th Avenue crossing(southbound traffic)and for the Prairie Lane crossing (northbound traffic). The quotes received for this work were as follows: CONTRACTOR TOTAL BID 1) Egan McKay Electrical Contractors, Inc. $14,899.20 2) Electrical Installation&Maintenance $16,207.00 3) Collins Electrical Systems,Inc. $19,458.00 The engineer's estimate to do this work was$11,000.00. The low quote received is$14,899.20 from Egan McKay Electrical Contractors, Inc. The higher cost than estimated is due to winter work prices and the schedule requiring the beacon to be installed this year. In addition,the cost for plans and specifications and overseeing construction from WSB & Associates Inc. is$1,500.00. ALTERNATIVES: 1) Award the low quote to Egan McKay Electrical Contractors, Inc. at an amount of $14,899.20. 2) Deny the quoted and re-bid next spring. 3) Deny the quotes and do not re-bid. 4) Table for additional information. RECOMMENDATION: If Council wants to proceed with the installation of an Advance School Flasher System this year, the quotes are acceptable and staff would recommend Alternative No. 1. Payment of the Advance School Flasher System is recommended by the Finance Director to be paid out of the Street Division, Capital Expenditures. The professional services payment for WSB &Associates, Inc. Work would be paid out of the Engineering Division Professional Services account in the 1998 budget. ACTION REQUESTED: Move to accept the low quote of$14,899.20 for the Advance School Flasher System along CSAH 17 from Egan McKay Electrical Contractors, Inc. with payment of this work to be from the Street Division, Capital Expenditures. J vAiq :nice Loney,Publi• •rks Director BL/tiv-h:\tami\engineer\flash - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Jlf$8 55426 Donald W.Sterna,P.E. Minneapolis, Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 November 17, 1998 Honorable Mayor and City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Pedestal Flasher System CSAH 17 - Junior High School Crossing WSB Project No. 1014.46 Dear Mayor and Council Members: Quotes were received for the above-referenced project at 4:30 pm,November 16, 1998. A total of three quotes were received. Egan McKay Electrical Contractors, Inc., submitted the lowest quote in the amount of$14,899.20. The bids were checked for mathematical accuracy and tabulated. The engineer's estimate was $11,100.00. We recommend award of the contract to Egan McKay Electrical Contractors,Inc. in the amount of$14,899.20. Engineering for the project has been completed by WSB &Associates. This time and the time for construction observation is estimated at $1,500, a cost that will not be exceeded without approval by the Public Works Director. The total project cost is, therefore, $16,399.20. Enclosed for your reference are the bid tabulation and bid extension. Sincerely, WSB &Associates, Inc. (11J / '/ Charles T. Rickart, P.E. Project Manager Enclosures c: Bruce Loney, City of Shakopee nm F.1 RPW/M/0/4.461rcmmdn-hmc.wpd Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER BID TABULATION PEDESTAL FLASHER SYSTEM CSAH 17-JUNIOR HIGH SCHOOL CROSSING SHA.FiOPEE,MINNESOTA Bids Opened: November 16, 1998 WSB &Associates,Inc. Project No. 1014.46 Contractor Bid Security Total Bid Egan McKay Electrical Contractors, Inc. * $14,899.20 Electrical Installation&Maintenance $16,207.00 Collins Electrical Systems, Inc. dba ColliSys $19,458.00 Engineer's Estimate $ 11,100.00 I hereby certify that this is a true and correct tabulation of the bids as received on November 16, 1998. Charles T. Rickart,P.E. *Denotes corrected figure F:IWPWINI1014.461 bidtab.wpd i1 00. 0 0 0 0 0 0 0 y 00 M M O— a 0- M o 69 as 69 rn q V 629 H 44 4, 4, .p C >' 00 v o a W ra 4 G O O 0 0 _ d o o CU M F. o rE o v 0000 '0 a 6a9 6.9 U , 69 69 49 O0 0 0 0 0 0 O 0 0 M 00 0 N 00 N r- ...3 , Vi M M 6�9 . N i.• 'ie o cn 00 .--: 0 C .G: f-, r — O N 0 ~ U 0 0 0 0 0 'd °� O. 0 0 0 ,c 00 0 iy y ] r- oN '0i v , Ci W a N to 0OO N0•0 0 00 Ma00 00 WV I. N Cl N N '0 00 1.4; K 0Up. (4 429 49 69 4 2 1 U N Vl 0 0 N 4 n ' *W so ,.o N M M r M 00 00 0 0 0 0 0 0 0 N 0 0 0 0 O M O 000 N 0 N tii O 4.0 O O o 6z9 69 O� W CO goZZ 0 0 g 8 629 6964 69 6�i a e o us w, z C. 4:0 a O o O ., '' 0 "' O 0 o 0 o 0 0 0 �_ 'o U U 8C $ 0 0 0 0 0 0 acv t a M Vol N 69 6699 0 +�.'i 4~9 69 4g 69 69 U• q 0 ��//�� N p o 0 0 0 0 0 0. VI "\' N N N N 0 b O� N U � Wa •.--1 .E 0:1 ; o U p n O g a a a a 6 w w w w 0 0., x O vi 0. 0 .. w `1) o Q PW d m F Q 74: 8 7 zzd 1 W 4 ,x UF 14 0 14 4. 454 vi a v 1 a. 4 z f v ¢ O ; N a °. .- , d x Q U U ^~ .4 o q % I 00 1 : 41 v ka -" a cO 0 K `" — N M , V FROM EGAN COMPANIES (MON) 11. 16' 98 17: 13 /ST, 17: 12/ NO, 3300000-284 P. 1/1 EGAN McKAY ELECTRICAL CONTRACTORS.INC. 7100 MEDICINE LAKE ROAD MINNEAPOLIS,MINNESOTA 55427 BID DATE: 11-16-98 TONY JUETTNER 595-4316 PROJECT:CITY OF SHAKOPEE SCHOOL FLASHING BEACON SYSTEM PROJECT NO.: P <'x�,','.�:. ,�'^�' ,.,�,✓--`,�e,�'y:' '`�' +s*��:�SG�!�'�s736.r`SsS�a�;.���75s',e9�`TXi ! Ems�1`�;ia R;���•F�S!><,i,�i� '�pt^�',,;'' •i �:. �:=;* y" ,, �,*if-.�4 •: .Z:..."* T',i41 {T�'n;: �,h'+ •, 5V �y .!�•�y`may[•-',y:,,.�}• 1 ADVANCE FLASHER EA 2 1,620.00 3,240.00 2 SCHOOL CROSSING SIGN EA 2 365.00 730.00 3 FLASHER TIMER EA 2 875.00 1.750.00 4 HANDHOLE EA 2 830.00 1,660.00 5 53 mm RSC CONDUIT M 200 32.95 6,590.00 6 1/C#2 M 95 8.20 779.00 7 1/C#14 M 10 14.20 142.00 TOTAL BID $14.891.00 SALES TAX INSURANCE AND 1%BOND INCLUDED. QUOTE BASED UPON AGC STANDARD SUB-CONTRACT AGREEMENT(Highway/Heavy). RETAINAGE AS PER PROJECT SPECIFICATIONS. Post-lt''brand fax transmittal memo 7671 MIMII liglii illefflill..1110010"1111 Dept. Iiiiiiinalriallill 1 of 1 11/16/98 Egan-McKay FROM : ELECTRIAL INST. & MAINT. CO. PHONE NO. : 612 479 3745 Nov. 16 1998 12:48PM P2 . - r PEDESTAL FLASHER SYSTEM yygg PROJECT NO.1014.46 CSAR 17-JUNIOR HIGH SCHOOL.CROSSING SHAKOPEE.MINNESOTA �� PROJECT TOTAL ITEM DESCRIPTION UNIT QUANTITY UNIT COST EXTENDED COST 1 ADVANCE FLASHER(Foundation,Pedestal, EACH 2.00 s 1 :M_D) % .. ,SM M Beacons, Bracketing,etc.) 2 SCHOOL CROSSING SIGN(S1-1) EACH 2.00 S 475.00 s 950.00 EACH 2.00 s 770.00 $ 1,540.00 3 FLASHER TIMER 1,300.00 4 HANDHOLE EACH 2.00 $ 650.00 $ S 53mm RSC CONDUIT m 200.00 s 41.60 s 8,320.00 6 lic#2 m 96.00 $ 5.75 s 552.00 7 1/C#14 m 10.00 $ 2.50 s 75_no TOTAL $ 16,207.00 • Official Address Firm Name Electrical Installation & Maintenance 4985 Broadmoor Dr. Maple Plain, MN 55359 By �.,-..-241Z, 1 (An authorize signature) Date:November 16, 1998 Title President WSB PROJECT NO.1014.46 PROPOSAL FORM PF-1 NOV 17 '98 02:08AM COLL ISYS 6125411700 P P1i1 .Idy/09 NOU-11-1998 14 59 USE & ASSOCIATES INC. . PEDESTAL FLASHIER SYSTEM WSB PROJECT lt0.1e14 46 GSM7IESOSCHOOL CROSSING SHpKOPEEPEE,MINNESOTA ESOTT A PROJECTTOTAL UNITCOST EXTEHOED COST oESC I PTION UNIT oUANrmr 3,100.00 HEM 1,—...-- s I ADVANCE FLASHER(Foundation,Pedestal- EACH 2.00 s Beacons, Bracketing,etc.) 900.00 450.00 • s -- 2 SCHOOL CROSSING SIGN(S1•1) • EACH 200 ; 850.00 ..., =• ,...... ..... ." • ,700.00 S 3 FLASHER TIMER EACH 2.00... 650.00 s 1,300.00 • - ... ' EACH 2.00 t 4 HANDHOI.>r' 60.00 ..- 12,000.00 m 200.00 S 5 53mm RSC CONDUIT 408.00 m 96.00 s 4.25 5.00 6 IAC#2 50.00 s, m 10.00 S � I/C#14 19,458.00 TOTAL Scam_ ADDER for Scott County Permit04445-7750 TT Brian 496-8060 No Fee - ColliSys ADDER $30 0 • Official Address Firm Name Collins Electrical Systems, Inc. ,dba ColliSys 4990 North Highway 169 111111111111111114;4,New Hope, MN 55428 By � 4, (An authoriz sign M-) Robert E. Gorg Date: 1.1.1.16125,------7— • Title Vic Presider pF-1 PROPOSAL FORM W66 PROJECT NO.1014.46 TOTAL P.09 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Sarazin Street,Roundhouse Street and 4th Avenue Revised Assessment DATE: November 17, 1998 INTRODUCTION: Associated with the Sarazin Street, Roundhouse Street and 4th Avenue Project No. 1994- 10, there were several assessment appeals from property owners on this project. The City Attorney has negotiated a settlement with Universal Forest Products, Inc. on a parcel adjacent to 4th Avenue. Attached is Resolution No. 5023, a resolution which adopts the revised assessment for the parcel on the Sarazin Street,Roundhouse Street and 4th Avenue Improvement Project. BACKGROUND: The proposed settlement for the Universal Forest products, Inc. parcel is to defer 50% of the original assessment amount of $57,575.33 for a period of five years or until the property develops, whichever occurs first. Interest will still accrue on the deferred amount of$28,787.66 during the deferment period. Attached to Resolution No. 5023 is the revised assessment for Council review and approval. Approving the revised assessment is necessary to complete the settlement. ALTERNATIVES: 1. Adopt Resolution No. 5023. 2. Deny Resolution No. 5023. 3. Table Resolution No. 5023. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer Resolution No. 5023, A Resolution Adopting the Revised Assessment for the County Road 16 Sanitary Sewer and Water Service for Outlot D, Canterbury Park 2nd Addition,Project No. 1994-11 and move its adoption. dCmad/ r ce Loney Public Works Director BL/pmp MEM5023 RESOLUTION NO. 5023 A Resolution Adopting A Revised Assessment For Sarazin Street,Between 4th Avenue And County CouRoad 16;Road ; Roundhouse Street,Between 4th Avenue And And 4th Avenue,Between Shawnee Trail And Sarazin Street Project No. 1994-10 WHEREAS, by Resolution No. 4776, the City Council objections the e City tthe of Shaproposkopee assessments adopted assessments for the following project and passed upon a of: Improvement of Sarazin Street and Roundhouse Street,between 4th Avenue and County Road 16 by street, sanitary sewer,watermain, storm ue betty en Shawnee Trail and Saran n Street. sewer and sidewalks and construction of sanitary sewer and watermain on 4th Avenue, WHEREAS, it has been determined that the assessment for P.I.D. No. 27-906052-0 be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the revised assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessmento4776, for those properties e lands listed on the ed herein, thereby replacing assessments adopted by Resolution supplemental assessment roll and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over aperioand d of ten years, the first installment to be payable on or before the first Monday in January, shall bear interest at the rate of 6.25 percent per annum fm b addedhethe date of the interest on the ent�etassessment f this assessment resolution. To the first installment shall from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before each November of land which are to become e total in due amount of installments and interest on assessments on parcel in the following year. 4. Assessments so marked on the supplemental assessment roll shall be deferred for the earlier of; 5 years from the date of adoption of this resolution or sale, development, subdividing or other change in the use of the parcel. Interest shall added to the principal and spread othe deferral ver 10 yeard at the ste stated in this resolution. Deferred interest shall be p Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CO N Z CO Co cy) W ti co r ti 6 2 U) ti LO N 0 Co N Lu te Ea U) Q Z T O N N N N M Q a C c) zo 0E2 1W wW W LU 0 ,n z ,r; z �t > Cl) < CD W N. CD 0a 2 w- Q- W W d F-- H C J W C JZm cQW CO Fa- O 2 U W U W z co co 6 O co CO O O W w 0 r W fN N uj O r Cn N = ^ WZ W a 2 a > 2 cn N ? W o LLJ (4 ti S co N o U W W Z N � W � < -=aW � � ZN 0 F- 2z � o 2z W 0_ a) Z z a_ a) Z _ W co— `� � Z — vi W t- a) vi a) a N Y m �° m a W co 6 O• > www L In' co CE To `� � W LL N "c a) C > O co ..-- o (6 L DNC DN0 c O O L N N O Loo co co O Ci Z C) rn N.. ti 4. N N CITY OF SHAKOPEE • C 1llemorandum TO: Mayor and City Council CONSENT Mark McNeill,City Administrator FROM: Terry Link, Shakopee Fire Chief SUBJECT: Retirement of Shakopee Firefighters DATE: November 12, 1998 INTRODUCTION: The Council is asked to accept the resignation by reason of retirement of Firefighters Mike Theisen and Todd Schwartz. BACKGROUND: October meeting,the Shakopee Fire Department received resignation notices from Todd two of At its long time g its time firefighters. Mike Theisenfis aveteran of 20 years on. department; Schwartz has served the community years. RECOMMENDATION: reason of retirement for Mike Theisen The Council should accept with regret the resignations by rove a Resolution of and Todd Schwartz from the Shakopee Fire Department, and app Appreciation for each of them. ACTION REQUIRED: If the Council concurs,it should,by motion, accept with regret the resignations 502and MikekTheisen a and Todd Schwartz effective November T O TODD SCIpWARTZ AND MIKE THEISEN. RESOLUTIONS OF APPRECIATION wa1u Terry Link Fire Chief 15/ C FIRE.DOC CITY OF SHAKOPEE ) Sr C r ),, . Memorandum 00 ik) EPOT To: Honorable Mayor, City Council Mark McNeill, City Administrator ID9fe From: Dan Hughes, Chief of Police Date: November 13, 1998 Subject: Authorization to Submit Application for a Minnesota Auto Theft Prevention Program Grant INTRODUCTION: The Police Department is seeking Council approval to make application to the Minnesota Auto Theft Prevention Program(MATPP) for a grant. BACKGROUND: The Police Department was awarded a MATPP grant in 1997 for$10,150 and in 1998 for $11,300. The purpose of the grants is to address the number carie auto�t Winds hays and oe been citizens in auto theft prevention techniques. Our past an applied toward the utilization of technology and the development of local media resources. Specifically, some of the grant funds have been applied toward the lease of a newer model automobile which is equipped with a global positioning system S) and f a 15 minutesa`bait deo, car" for car thieves. Other grant funds were used for the p in conjunction with our community cable access perthe their vehicle be prowled or sonnel, which addresses crime prevention techniques citizens may use to lessen stolen. This video is currently being reviewed by the MATPP Executive Board for distribution to other jurisdictions for community ed Ap amphlet on auto theft was also produced with the grant on with others. tamphletcrimhas been distributed at community events and door-to-door in coni prevention activities. Many of these activities can be continued if we are again successful in the grant application process. BUDGET IMPACT: The MATPP grants do not require matching dollars. ACTION REQUESTED: If Council concurs, they should, by motion authorize the Police Department to make a grant application to the Minnesota Auto Theft Prevention Program(MATPP)• n ughes Chief of Police 1S. C. 3 . SHAKOPEE FIRE DEPARTMENT CONSENT Memorandum TO: Mayor Breke,City Council Members,City Administrator FROM: Marvin Athmann,Assit.Fire Chief / SUBJECT: Award of Bid for a Self-Contained Breathing Apparatus(SCBA)Air Compressor And Filling Station For Fire Station 51 DATE: November 11, 1998 INTRODUCTION: The SCBA Air Compressor and filling station is used to fill the air tanks of the Self Contained Breathing Apparatus packs that Fire Fighters wear when they enter burning buildings to fight fires.This compressor is a special compressor that filters and then compresses air to 6,000 psi..The air is then stored in storage tanks and is used in a specialized filling station to fill SCBA tanks. BACKGROUND: City Council authorized the Shakopee Fire Dept.to advertise for bids for a SCBA Compressor and Filling station.The estimated cost for the system was $40,000.The source for funding of this purchase would come from the Fire Station's Construction Budget Contingency fund. Bids for the Compressor and Filling Station were opened on November 4, 1998.Two bids were received. All bids comply with the specifications.The amount of the Bids are Clarey Safety $38,750 and Metro Fire $36,253. RECOMMENDATIONS: The members of the fire station building committee recommend the purchase of the SCBA Filling System from Metro Fire for the amount of$36,253.00 from the Fire Station's Construction Budget Contingency Fund. . CITY OF SHAKOPEE Memorandum CONSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: November 13, 1998 Subject: Authorization to Hire Police Officers INTRODUCTION The Police Department is requesting Council approval to fill two vacant police officer positions. BACKGROUND The Police Department experienced four voluntary terminations between November of 1997 and June, 1998. In July the Council authorized the hiring of four individuals in response to the vacancies created by the terminations. Officers Tate and Conway were hired in August to fill two of the vacant positions. The remaining two vacant positions were unfilled because one of the candidates accepted a position with another agency and the other was unable to satisfactorily complete the psychological examination. Officer Lawrence offered his voluntary resignation in July. Officer Koch offered his voluntary resignation in October of 1998 which returned the number of vacant police officer positions to four. The Police Civil Service Commission determined the existing eligible register did not offer a sufficient number of viable candidates. The Commission conducted the necessary tests which expanded the candidate pool and created a new eligible register. The following names are currently listed in rank order on the eligible register(see attachment): Rick Denmark Clay Johnson Julio Baez David Kolar Jason Arras Mark Sundgren Romaine Drowns Tyler Maas Minnesota State Statute Chapter 419 requires the Police Civil Service Commission to submit the top three names listed on the eligible register to the Appointing Authority(City Council)to fill any vacancy. BUDGET IMPACT The impact on the existing budget is minimal. The vacant positions were budgeted for in the 1998 Police Department Budget. The vacant positions were held by individuals having significant longevity with the Department. The vacant positions will be filled by individuals who will be compensated at an entry level rate. The 1998 Union Contract establishes $2,743.95 per month as starting wage for the position of police officer. RECOMMENDATION Staff recommends Council authorize the hiring of Clay Johnson and Jason Arras as probationary police officers. This recommendation is based upon the Police Department's ability to complete background investigations on the candidates and the request of David Kolar to be removed from consideration at this time. Currently Department personnel are actively engaged in the completion of 5 background investigations. Mr. Johnson's and Mr. Arras's are completed and nothing was discovered which would prevent their employment with the City. Background investigations on Rick Denmark and Julio Baez are currently in progress. These backgrounds require additional time because both candidates have been residents of other states prior to their becoming eligible to be licensed in Minnesota. It is anticipated these backgrounds will be completed before December 1, 1998. ACTION REQUESTED If Council concurs, they should, by motion authorize the hiring of Clay Johnson as a probationary police officer at a monthly rate of$2,743.95 per month subject to the satisfactory completion of pre-employment medical and psychological examinations from the eligible candidates listed below. Rick Denmark Clay Johnson Julio Baez If Council concurs, they should, by motion authorize the hiring of Jason Arras as a probationary police officer at a monthly rate of$2,743.95 per month subject to the satisfactory completion of pre-employment medical and psychological examinations from the eligible candidates listed below. Rick Denmark Julio Baez Jason Arras Dan Hughes Chief of Police Ci. CITY OF SHAKOPEE I Memorandum Oa 0400 nit To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: November 4, 1998 Subject: Eligible Register The Shakopee Police Civil Service Commission conducted the appropriate testing and established the following eligible register for the position of police officer in accordance with the provisions of M.S.A. 419. 1. Rick Denmark 2. Clay Johnson 3. Julio Baez 4. David Kolar 5. Jason Arras 6. Mark Sundgren 7. Romaine Drowns 8. Tyler Maas Respectfully submitted, 0(7,6kAnet Kim eckman, Chair Shakopee Police Civil Service Commission CITY OF SHAKOPEE POLICE DEPARTMENT CONSENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Terry Link, Fire Chief Dan Hughes,Police Chief SUBJECT: Emergency Vehicle Preemption System(EVPS)Ordinance DATE: November 12, 1998 INTRODUCTION: Council is requested to consider an ordinance for the Emergency Vehicle Preemption System(EVPS). BACKGROUND: There are currently operational EVPS systems on several intersections within the City of Shakopee. There are plans in the future to equip each semaphore with this type of system. Staff's recommendation to Council is that an ordinance should be passed which approves use of the EVPS, but prohibits certain actions by any other person where it is not specifically authorized. The City Attorney has approved the proposed ordinance. RECOMMENDATION: Staff recommends Council approve Ordinance No. 533, as presented. RECOMMENDED ACTION: Offer and pass a motion approving Ordinance No. 533, for the Emergency Vehicle Preemption System(EVPS), effective immediately. Terry/nk, Fire Chief Dan Hughes,Police P;4r DH:pm c:\patty\[CC-EVPSI Nov-10-88 12:41pm From-KENNEDY i GRAVEN +6123379310 1-180 P.02/04 F-275 • i ORDINANCE No.L3.3 AN ORDINA.IiCE OF THE CY A , ADDING NO? REGARDING EMERGENCY VEHICLE PgEMPTION SYSTEM THE CITY COUNCIL OF TFC CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section1. Chapter 8 jf the Shakopee City Code is amended by adding a new section to read: Sec i o 8.07. EMERGENCY VEH1C PREEMPTION SY 1► - • •ose he .0 .ose fo in_ �e Emerlent. Vehicle ' eetn•tion S stem Subd. 1. P � � S in a safe an VPS is to allow mer enc vehi ales to •erf•rm emerlen en sery t tnel manner • je • •oranl en trollin. ocoric to f fit fl s and rocedures in •rsections- The + u Count' de ms it advisable --�� - ye$_•c es for _•.- se of the E 'S whit. are to be f•llowed b • 1v d VerS of all vers of motorizedr: n vehicles -•ui•.ed with EV PS.emitters so that both -•estri have dde•uate w•• n er -nc vehicle• are than.• normal • 'fie-control timi a_auii 9 nalized ihter.SeCtions. Subd. 2. Definitions The rms shall have the res•ecctive meanin- ascribed to them: Emeraenc Vehicle. A vehicle e • d identified accordin to law and o este• b _ Sh. ,_ •-e Police or Fire De artmem or an °the vehicle so • -_nated h the State St.tute. B. Fire Ch'of_ 'Ilhe Fire Chief of - - of Shako•-e or their e si_nee. • C. S •tem Co. 4 of Office . An in.ivi•u• -si mi.:d b Council to be res onsib e f•r e oversi_ t of the E ' • D !.• •en Vehic e Preem• to S stem EVPS . A . is C' •trol 'rte •esi i ated •r use b emer nc vehicles to i s• • r•ve traff c m•v- ent b ,. •oraril ontro • si_naliz • _•tersections. e E 'S is corn rised of four 4 se arate •• one ts: an emitter a •etc or an indica or an• a •h- • le or. e nc cle 11.• e iuer a hi l h intens . li- s$a in� . �_s f�h uenc din e1,cess of renh 10 an• font-04 ' _ a strobe h • ..• acs" •-r econ• ; • an e er: •c ve -cle a• • o ahoy ne intersections nterna r o s Qthis gulsa ' g light is ceived by da etector at is loeaze _t .care• in r i 'is e code. • essa_e to • .h• : •- -ctor r. •e detector rel. co'trot box which - • --ther ho S� � •' li.ht t existi : _ e --- t ' avor the a.•rnachi - -r enc ve - •e or acce crates e no • al c le o a si_nal than•e 11T 152_315 1 58155-23 1 Nov-10-98 12:42pm From-KENNEDY Z GRAVEN +6123379310 T-180 P.03/04 F-275 '.•'catorts is •rovide re,n b the time _,- vehicle reache the incur Oe d e nnca - a i �t s• . cated near the detector that is i h enc v ,"de to indica - to the driver whether or not ti • n .teem• -• in the'r favor. { • Sub•. _onditi ons for Us'n:the Emer:enc Vehicle Pree 'on S stem A. Fire De artment. Ci -owned Fire a artm rato or ty- }use of ides !a use theeb EVPS bechale on enter._- c, •.o s only. Cod n art of e Fir• De•aliment st:tit ard 0 eratin: .r•ce sures. S. Po -ce De•arttnent. C"i-owned Po 'ce De•arttnent vehicles ma use • EVPS while o, em r•enc res owea s o. . Co son litions or ard o aura_the use of EVPS hereby become a •. o the Police De C. Cit $ Co t intenance •ersonnel 4cott • a or C" ice -rsonnel or their cons . to _ wider written a_reement .s: activate the EVea onl when te'i._ or re•airin_ the tern. Sirens and flashin: red li:his need n.t used exce_ w • * st veL'cle must exceed the •osted s.eed mils. ' such lnstanc,es.th nest must be ore-aroved an• coordin•ted ou_h Fire , D. Emer:enc -hides Not owned or O•erated b the Cit . The ysc of EVPS wi b non-Cit e• er_enc vehicles is allowed if the eme •enc vehicle is onl that is recognized h the Cit • which itis base • I won UTeceivo• a rival as S bdivisi•n 3"E be ow I e 'acrid atin_ or ._ overnment r• follow all •rocedures rescribed b e Cit in utili 'n_ the EVPS. The Fire Ch' f is desi ate' the S stem Control Office . Re uests for use of the EV* other or aniza ',roved earl tiooror ov bhe stental ltc �ntro Officer-d the con do s re•uired or uch se shall be a.Exce t . ; , •i zed in is Sec;on it 's unlaw for . • •erson: to ac v. - F. � „ . . ye 'de e1 ,EVPS; 2) to use an EVPS liter- or to o•e • . an con ai 'a- a EVPS emitter_ Suhd. 4. V'•1- tionsi An vio ation of this Section is a m-s."meanor. on 2 Effective Date. This ordinance becomes effective from and after its passage and Secn - publication. {I Adopted in session of the City Council of the City of Shakopee, � 1998. Minnesota,held the,._._;r day of IIT-152315 I 2 S11I55-23 • • Nov-10-98 12:42pm From-KENNEDY i GRAVEN +6123379310 1-180 P.04/04 F-275 Mayor of the City of Shakopee ATTEST: l City Clerk 1 Jrf-152315 3 j 5H155-23 f /sem. ), CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Awarding Sale of 1998B Improvement Bonds DATE: November 12, 1998 Introduction Council action is needed to award the sale of the second series of improvement bonds for 1998 . Background The attached resolution was prepared by bond counsel to award the sale of improvement bonds for 1998B. This is a routine event . The bonds being sold will finance the 1998 Recon, Vierling Drive Widening and 17th Ave East and West projects. The resolution needs to be adopted at the November 17th Council meeting to complete the bond sale . It is expected that Springsted will bring a more completed resolution to the council meeting. Springsted will make the presentation to Council of the results of the sale . Action Offer Resolution No. 5017 A Resolution Awarding The Sale Of $2, 375, 000 General Obligation Improvement Bonds Series 1998B, Fixing Their Form and Specifications; Directing their Execution And Delivery; and Providing For Their Payment, and move its adoption. Greg Voxland Finance Director N:\cash\bonds\bondsale RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF$2,375,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota(City) as follows: Section 1. Sale of Bonds. 1.01. The proposal of (Purchaser) to purchase $2,375,000 General Obligation Improvement Bonds, Series 1998B (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery,for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2001 2006 2002 2007 2003 2008 2004 2009 2005 2010 True interest cost: 1.02. The sum of$ being the amount proposed by the Purchaser in excess of $2,351,250 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of $2,375,000 originally dated December 1, 1998, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount SJB-153032 SH155-70 2001 $295,000 2006 $215,000 2002 260,000 2007 215,000 2003 260,000 2008 195,000 2004 330,000 2009 195,000 2005 215,000 2010 195,000 1.04. Optional Redemption. The City may elect on February 1, 2006, and on any day thereafter to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i)the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or(ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1999, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar,transfer agent, authenticating agent and paying agent(Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form 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 will authenticate SJB-153032 SHI55-70 and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, 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 and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must SJB-153032 SH155-70 be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. SJB-153032 SH 155-70 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: [Face of the Bond] No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998B Date of Rate Maturity Original Issue CUSIP December 1, 1998 Registered Owner: Cede&Co. The City of Shakopee, Minnesota, a duly organized and existing municipal corporation in Scott County,Minnesota(City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of$ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1999, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, SJB-153032 S H 155-70 Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2006, and on any day thereafter to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF SHAKOPEE, MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor SJB-153032 SH155-70 CER 1'IF'ICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of$2,375,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 17, 1998 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefitted by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of$5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. SJB-153032 SH155-70 IT IS HEREBY CERTIFlhD, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: TEN COM-- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT-- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN-- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersignednto thehwithin sells, assignBond and alls rights thand ereunderfers , and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: SJB-153032 SH155-70 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"),the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer Registrar Cede&Co. Federal ID#13-2555119 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. SJB-153032 SH155-70 Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 1998B Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds,less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments and-Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2000 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. SJB-153032 SH155-70 (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom,monies on hand and,the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefitted properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Lev (See Attachment A) 4.04. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid,provided that at the time the City makes its annual tax levies the City Clerk may certify to the County Auditor of Scott County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a SJB-153032 SH155-70 complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1998) exceed the small-issuer exception amount of$5,000,000. (b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System;Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede &Co., as nominee of DTC. SJB-153032 SH155-70 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. SJB-153032 SH 155-70 In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer,exchange and method of payment thereof. 7.05. Payments to Cede &Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order,to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SJB-153032 SH155-70 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2887 651-223-3000 FAX:651-223-3002 SPRINGSTED Public Finance Advisors $2,375,000 CITY OF SHAKOPEE,MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 1998B (BOOK ENTRY ONLY) AWARD: DOUGHERTY SUMMIT SECURITIES LLC November 17, 1998 Moody's Rating: A2 SALE: Interest Net Interest True Interest Rates Price Cost Rate Bidder DOUGHERTY SUMMIT SECURITIES LLC 4.00% 2001-2005 $2,366,960.25 $622,841.21 4.2030% 4.10% 2006 4.125% 2007 4.20% 2008 4.30% 2009 4.40% 2010 SALOMON SMITH BARNEY 4.00% 2001-2004 $2,363,112.50 $630,764.58 4.2601% CRONIN &COMPANY, INCORPORATED 4 05% 2005 2006 4.15% 2007 4.25% 2008 4.35% 2009 4.45% 2010 $2,351,250.00 $633,943.75 4.2907% . NORWEST INVESTMENT SERVICES, INC. 37�� % 2002 % 2001 PIPER JAFFRAY INC. 3.80% 2003 3.90% 2004 4.00% 2005 4.10% 2006 4.20% 2007 4.25% 2008 4.35% 2009 4.45% 2010 (Continued) SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • DES MOINES,IA • Bidder Interest Rates Net Interest True Interest Price Cost Rate DAIN RAUSCHER INCORPORATEDo 3.75/0 2001-2002 $2,351,250.00 $636,764.17 4.3116% 3.875% 2003 3.95% 2004 4.05% 2005 4.10% 2006 4.15% 2007 4.25% 2008 4.35% 2009 4.45% 2010 REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 4.00% 4.00% 2001 3.65% 4.00% 2002 3.75% 4.00% 2003 3.85% 4.00% 2004 3.95% 2005 4.10% 2006 Par Par 4.125% 2007 Par 4.20% 2008 Par 4.30% 2009 Par 4.40% 2010 Par BBI: 5.04% Average Maturity: 6.24 Years f � Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Shakopee, Minnesota, was duly held in the City Hall in said City on Tuesday, November 17, 1998,commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $2,375,000 General Obligation Improvement Bonds, Series 1998B. The City Administrator presented a tabulation of-the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: SIB-153032 S H 155-70 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF$2,375,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The proposal of Dougherty Summit Securities LLC (Purchaser) to purchase $2,375,000 General Obligation Improvement Bonds, Series 1998B (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ 2,366,960.25plus accrued interest to date of delivery,for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2001 4.00% 2006 4.10 % 2002 4.00 2007 4.125 2003 4.00 2008 4.20 2004 4.00 2009 4.30 2005 4.00 2010 4.40 True interest cost: 4.2030% 1.02. The sum of$15,710.25 being the amount proposed by the Purchaser in excess of $2,351,250 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith contractute a with the Purchaser on behalf of the The Mayor and City Clerk are directed to e City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of $2,375,000 originally dated December 1, 1998, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount SJB-153032 SH155-70 2001 $295,000 2006 $215,000 2002 260,000 2007 215,000 2003 260,000 2008 195,000 2004 330,000 2009 195,000 2005 215,000 2010 195,000 1.04. Optional Redemption. The City may elect on February 1, 2006, and on any day thereafter to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or(ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1999, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent(Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form 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 will authenticate SJB-153032 SH155-70 be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank Trust National Association,St. Pau], Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or onterest the Registrarue moniesmonieswithout sufficient for er order payment of all the City Finance Director must transmitg principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution,nefrtunde�nd this will Resolution�unless and d or tuntil for a any purpose or entitled to any security o certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of thentication n a Bond is When the conclusive evidence that it has been authenticated and delivered under this Resolution. Bonds have been so prepared, executed and authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. SJB-153032 S H 155-70 and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner ' for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (I) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, 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 and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must S]B-153032 S H 155-70 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: [Face of the Bond] No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998B Date of Rate Maturity Original Issue CUSIP December 1, 1998 Registered Owner: Cede&Co. The City of Shakopee, Minnesota, a duly organized and existing municipal corporation in Scott County, Minnesota(City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns,the principal sum of$ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1999, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the-principal hereof are payable in lawful money of the United States erica by check or draft by ,ofi o a, as Bond Registrar, Paying Agent, SJB-153032 SH 155-70 • Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2006, and on any day thereafter to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual caused this Bond to be dated as of the date set forthlbelow� of the Mayor and City Clerk and l Dated: CITY OF SHAKOPEE, MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor SJB-153032 SH155-70 CER 1'IrICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of$2,375,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 17, 1998 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefitted by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of$5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. SJB-153032 SH155-70 IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. The following abbreviations, when ln futhe according to app)cable laws or regulationse face of this Bond, : e constructed as though they were written out in TEN COM-- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT-- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN-- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned nto to thisells, Bond and all rights thereunderfers ,and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: SJB-153032 SH155-70 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"),the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of g Date of Registration Registered Owner Officer Registrar Cede&Co. Federal ID#13-2555119 roving legal 3.02. The City Clerk is directed to °nnean Minneapy of the polis, ota,proposed which is topbe complete opinion of Kennedy & Graven, Chartered, p except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. SJB-153032 SH155-70 Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 1998B Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to thewDebtunt ServiFce Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds,less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2000 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem takes in the amount of the current or anticipated deficiency. SJB-153032 SH155-70 (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefitted properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited t Debt being Fund above provided and will be in the years and amounts as follows (yearstated b g yearlevy for collection the following year): Year Lev (See Attachment A) 4.04. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid,provided that at the time the City makes its annual tax levies the City Clerk may certify to the County Auditor of Scott County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a SIB-153032 SH155-70 complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System:Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede &Co., as nominee of DTC. SJB-153032 SH155-70 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. SJB-153032 SH155-70 In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede &Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede &Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order,to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SJB-153032 SH155-70 STATE OF MINNESOTA ) COUNTY OF SCOTT ) SS. CITY OF SHAKOPEE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Scott County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on November 17, 1998 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $2,375,000 General Obligation Improvement Bonds, Series 1998B of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 1998. City Clerk Shakopee, Minnesota (SEAL) SJB-153032 SH 155-70 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 1998B Post Sale Debt Service Attad7rt A TAX LEVIES CERTIFIED TO COUNTY AUDITOR Year Levy Year Levy Is Made Is Collected Of f Lvy Levy 1998 1999 0 1999 2000 63,460 2000 2001 64,204 2001 2002 66, 096 2002 2003 65, 567 2003 2004 61, 866 2004 2005 62,306 2005 2006 62, 519 2006 2007 62,567 2007 2008 62,238 2008 2009 61,699 11/17/98 SPRINGSTED INC. 002C�j . 11:17 FAX 6122233002 11/13/98 16.33 ET REF: N00D0859.0000 FR:H000Y5 7016512233002 Page1 of 2 ATTN: Celia Wirth / �1 SprifIgsted / Add(T'04AL j,fo MOODY'S ASSIGNS A2 RATING TO SHAKOPEE'S (MN) SERIES 1998B G.O. BONDS $27 .6 MILLION DEBT AFFECTED Shakopee (City of) MN Municipality Minnesota Moody's Rating Rating Issue General Obligation Improvement Bonds, Series 1998B A2 Sale Amount $2,375,000.00 Expected Sale Date 11/ 17/98 Rating Description General Obligation 1998 -- Moody' s has assigned an A2 rating to the City NEW YORK, November 13, gation Improvement Bonds, Series of 19 Shakopee,8asdniansubstantial esota stax Obase, strong General 1financiaposition, and 19968 based manageable debt levels . GROWING SUBURB SOUTHWEST OF THE TWIN CITIES. Moody' s expects continued tax base texpansier ion bdoe to road adolicess and newith a development. Shakopee is a second substantial and diverse tax base that includes aasizagleacom ercial aand 8 .57 industrial sector. The tax ba grownsult of the since 1993, and Moody' s anticipates ijentswthatev�lll provzde improvedrecent completion of three major transportation pro access to more fully developed in � rngusSeagate is currently building a new research faciltyWihB °talofl,200employeeslncome levels are moderately aboveaverage, median income per capita a income at 114% and 104% of theesPective statemedians. Unemployment in Scott t County, at 1 .6% , was lower than the 2 . 1% state average agiminelJuly y 30199. Ci1y90. population, estimated at 15,311, has increased a p STRONG FINANCIAL POSITION EVIDENCED BY HEALTHY RESERVES. l on e to Moody's believes the city T''71ontinuedain taxlbasesound growth.aTheaGeneraliFundubalance conservative budgeting and cingency is sufficient to meet both casthflow citand had atpla nee def icitmintf iscale1997three years of operating surpluses, 5' due to pay-as-you-go financing, however, the General Fund balance remains o healthy at $3.8 million, or 60% of General Fund revenues. The city plans to reduce reserves in fiscal 1998, also as a result of pay-as-you-go-financing. ay- y $ City policy dictates that the GeneFund balance be maintained at a minimum of 35% of the following year's expenditures. MODERATE DEBT LEVELS REFLECT RAPID AMORTIZATION AND STRONG TAX BASE GROWTH. Moody's expects the city' s high debt burden idde % mortization, to remain aTheeh.igh debt to anticipated tax base growth and p principal E 00311/17/98 11:18 *X 6122233002 SPRINGSTED INC. Pa a 2�of 2 11113/98 16:33 ET REF: N00D0859.0000 FR:M9 000YS TO:6512233002 burden is primarily due to borrowing by the Shakopee Independent School District. The city' s above average direct debt burden, at 3 . 1%, reflects the infrastructure needs and activity of a rapidly expanding community. Debt service as a percentage of operating expenditures is extremely high, at nearly 40%, but is paid from special assessments and tax increments, thus minimizing the impact on the tax levy. Debt issuance has been primarily to support development needs. The principal amortization schedule is aggressive with 84.2% retired in ten years . The city anticipates borrowing $4 million in mid-1999 for infrastructure improvements, and projects annual borrowing needs of approximately $2.5 million thereafter. ANALYSTS : Edward Damutz, Analyst, Public Finance Group, Moody's Investors Service Angela Connelly, Senior Credit Officer, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients : (212) 553-1625 IS E-. I of the Bonds and that to the best of their knowledge and belief the Official toas of Sttatement date complete and accurate representation of the facts and representations of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become suorject to ashereafteration amendeder the and madede anapplicablape toathe le Treasury Regulations, as presently existing Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish RS and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of ` •'' the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System;Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede& Co., as nominee of DTC. ) 5. L'-* , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Storm/Sanitary Sewer Rate Discussion DATE: November 12, 1998 INTRODUCTION: The Council is asked to determine when it wants to discuss sanitary and storm sewer utility rates for 1999. BACKGROUND: Finance Director Gregg Voxland reminds me that the Council needs to discuss sanitary and storm sewer rates, and determine what rate changes to implement for 1999. This should be done before the first of the year. That he indicates that it will take, depending upon the amount of discussion desired by Council, between 20 and 30 minutes. His preference would be to do it as a workshop. We have no other issues pending which could be consolidated into a workshop with this subject. ALTERNATIVES: The Council may choose from one of the following alternatives: 1. Take the time to discuss utility rates as part of the December 1st City Council meeting. 2. Set a separate workshop to discuss this issue. 3. Come in early to a regular Council meeting,perhaps at 6:30 of the Truth in Taxation hearing of December 7th, or the December 1st Council meeting, so as to minimize the number of evenings taken for Council business. ACTION REQUIRED: The Council should determine which meeting time works best for a discussion of the utility rate issue. (ik.takatar Mark McNeill City Administrator UTILUY.DOC CITY OF SHAKOPEE Er Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Certifying Delinquent Utility Bills DATE: November 16, 1998 Introduction & Background The City routinely certifies past due storm drainage utility bills for collection with the property taxes . Resolution No. 5026 certifies two bills for delinquent storm drainage fees, including a $10 . 00 certification fee, for collection on the 1999 taxes . The property owners have been notified of this process . Action Offer Resolution No. 5026, A Resolution Certifying Delinquent Storm Drainage Utility Bills For Collection On The Tax Rolls Payable 1999, and move its adoption. Gregg Voxland Finance Director c:\gregg\memo\cert97 RESOLUTION NO. 5026 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1999 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the costs of delinquent storm drainage utility bills for the following listed parcels are hereby certified to the Scott County Auditor for collection with the 1998 property taxes. 27-001290-0 $ 26 . 92 27-914001-2 $1, 020 . 00 Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 17th day of November, 1998. Mayor of the City of Shakopee ATTEST: City Clerk �7 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Closed Session - Labor Negotiation Status DATE: November 12, 1998 Following the regular portion of the City Council meeting,the Council is asked to go in to closed session to discuss pending labor negotiation status. /l'1kael Mark McNeill City Administrator MM:tw Document2