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Home My WebLink About02/03/1998 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] 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.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes: January 20 and January 24, 1998 *11] Approve Bills in the Amount of$197,191.78 12] Communications 13] 7:00 p.m. public hearings: A] Modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and a Tax Increment Financing Plan for a proposed economic development district within the Project(TIF District No. 11 - Seagate Technology) - Res.No. 4835 B] Request for vacation of an easement between Lots 5 and 6, Block 4, Timber Trails - Res. No. 4839 C] Request for vacation of a Portion of Secretariat Drive Right-of-Way - Res. No. 4840 D] Request for vacation of easements in Canterbury Park 2nd and Canterbury Park 4th Additions - Res. No. 4841 TENTATIVE AGENDA February 3, 1998 Page -2- 14] Recommendations from Boards and Commissions A] Boy Scout Troop#218 Barn B] Youth Initiative Bill/Governor's Environmental Legacy-Res. No. 4837 C] Preliminary Plat of Orchard Park West, located west of CSAH-77 and north of the T.H. 101 -Res. No. 4836 15] General Business A] Public Works and Engineering *1. Speed Zone Investigation on Stagecoach Road(old CR-18) -Res.No. 4833 2. CR-16 Assessment Appeal Settlements (Project 1994-11) B] Police and Fire 1. Purchase of Equipment for Fire Station No. 2 *a. Audio/Visual Equipment *b. Wiring/Telephone System C] Park and Recreation D] Community Development 1. Planning Technician Position E] General Administration *1. First March Meeting -Date Change-Res. No. 4832 *2. Temporary Liquor License - St. Mark's Church 3. Excess Fire Station Property - Tax Credit Housing 4. Accident Insurance 5. Nominations to Boards and Commissions 6. Police Chief Appointment *7. Exemption from Lawful Gambling License - Hope For Holt, Inc. 8. Accountant III Job Description- Res. No. 4838 9. Endorsement-Joint School/Park Site 16] Other Business 17] Recess for executive session to discuss matters permitted under attorney-client privilege 18] Re-convene 19] Adjourn TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting Tuesday,February 3, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of Minutes-none 4. Financial A.)Approval of Bills • 5. Seagate Technology Project a.)Cost-Benefit Summary b.)Resolution No. 98-1,approving Tax Increment Financing Plan for TIF District No. 11, modification to the boundaries of TIF District No.1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 6. Other Business: 7. Adjourn edagenda.doc CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: January 29, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 12/31/97 to 01/29/98 . The bill list is for 1997 bills paid in 1998 . There were no new bills for 1998 . Action Requested Move to approve bills in the amount of $1, 104 .45 for the EDA General Fund and $2, 497 . 05 for the Blocks 3&4 Funds . H 0 0 0 0 0 0 0 0 0 11 H 0 O 0 0 0 0 0 0 0 11 A . II [LI O O O O O O O O 0 II U intri u'1 to to in to to O 1 i •H d �7 -.7 �7 O O O u1 � H •zr0 d -7 -7 N• ^ ^ ^ 1 AH O O O N d d' s.0 1 ,-.1 .H .--1 N N N M . H i C. CA 11 • >4n x x Cn rn II 0 0 N H Cl) M M H H [c. t71 to PS W o 0 H tx 0 0 Cn Cl) a a Z 0 H H Cn En Cl) Cl) Cr) W [x. Cr. 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H H H * w H H * * cc 3 CITY OF SHAKOPEE Memorandum EDAd • TO: Mayor and City Council Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: City Council: Public hearing on TIF District No. 11 (Seagate) and related modifications, and Resolution No. 4835, approving Tax Increment Financing Plan for TIF District No. 11, and related modifications EDA: Resolution No. 98-01, approving Tax Increment Financing Plan for TIF District No. 11, and related modifications DATE: January 28, 1997 Introduction: In order to move the Seagate Technology project forward,the City Council and EDA are ' asked to approve resolutions approving a Tax Increment Financing Plan for TIF District No. 11 (Seagate Technology),modification to the boundaries of TIF District No.1 (KMart), and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 Background: At its December 16th meeting, the EDA approved an application for Tax Increment Financing submitted by Seagate Technology. On that same day, the City Council, in order to initiate the proposed Seagate project, passed Resolution No. 4808 calling for a public hearing on a TIF Plan for TIF District No.11 (Seagate) and a Modified Redevelopment Plan, and approving a letter of intent with Seagate Technology for the development of its Twin Cities' Operations facility in Shakopee. If the EDA and the City Council (after its public hearing) find the TIF Plan for TIF District No. 11 and related modifications to be acceptable, they should offer and pass their respective resolutions, as outlined below. The following exhibits are attached for your review: Exhibit A Modification to Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1, and Tax Increment Financing Plan for Tax Increment sgtresmo.doc ' Financing District No 11 (Economic Development District), and Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 1 Exhibit B City Resolution No. 4835, approving the Tax Increment Financing Plan for TIF District No. 11, modification to the boundaries of TIF District No.1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 Exhibit C Economic Development Authority Resolution No. 98-01, approving the Tax Increment Financing Plan for TIF District No. 11,modification to the boundaries of TIF District No.1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 Exhibit D Planning Commission Resolution No. 98-06, finding the modification of Housing and Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 and the Tax Increment Financing Plans for TIF Districts Nos. 11 and 1 consistent with the Plans for Development of the City of Shakopee Action Required: City Council Offer Resolution No. 4835, approving the Tax Increment Financing Plan for TIF District No. 11,modification to the boundaries of TIF District No.1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and move its approval Economic Development Authority Offer Resolution No. 98-1, approving the Tax Increment Financing Plan for TIF District No. 11, modification to the boundaries of TIF District No.1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and move its approval sgtresmo.doc 5)(14031-r--- MODIFICATION TO REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 (Economic Development District) AND MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA FEBRUARY 3, 1998 Prepared by: Kennedy & Graven, Chartered 470 Pillsbury,Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 SJB135443 SH235-04 Table of Contents Page I. BACKGROUND Subsection A. Introduction 1 Subsection B. Definitions 1 II. MODIFICATION TO REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 Subsection A. Statutory Authority 2 Subsection B. Statement of Objectives 2 Subsection C. Statement of Public Purpose 2 Subsection D. Development Program for the Project 3 Subsection E. Description of TIF District 4 Subsection F. Project Contracts 4 Subsection G. Classification of TIF District 4 Subsection H. Modification of TIF Plan 4 Subsection I. Use of Tax Increment 5 Subsection J. Excess Tax Increment 5 Subsection K. Limitation of Increment 5 Subsection L. Limitation on Administrative Expenses 6 Subsection M. Limitation on Boundary Changes 6 Subsection N. Relocation 6 Subsection 0. Parcels to be Acquired 6 Subsection P. TIF Account 7 Subsection Q. Estimate of Project Costs 7 Subsection R. Estimate of Bonded Indebtedness 7 Subsection S. Original Tax Capacity 7 Subsection T. Estimate of Captured Tax Capacity and Tax Increment - 8 Subsection U. Duration of the TIF District 9 Subsection V. Estimate of Impact on Other Taxing Jurisdictions 9 Subsection W. Annual Reports 9 Subsection X. Notification of Prior Planned Improvements 9 Subsection Y. Assessment Agreements 9 Subsection Z. Local Government Aid/Homestead and Agricultural Credit Aid (LGA/HACA) 10 IV. MODIFICATION TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 SJB135443 511235-04 1 EXHIBIT A Description of TIF District No. 11 EXHIBIT B Map of TIF District No. 11 EXHIBIT C Tax Increment Schedules EXHIBIT D Estimated Impact on Other Taxing Jurisdictions SJB135443 SH235-04 11 I. BACKGROUND A. Introduction. The City created the Minnesota River Valley Housing and Redevelopment Project No. 1 on January 2, 1979 (originally designated as Valley Industrial Park Redevelopment Project No. 1) and transferred that project to the Economic Development Authority for the City of Shakopee(the "Authority")upon creation of the Authority in 1995. The Authority and City have now determined a need to create Tax Increment Financing District No. 11, an economic development district, within the Project. B. Definitions. For the purposes of the this document, the following terms shall have the meanings specified below, unless the context otherwise requires: "Act" means Minn. Stat., Sections 469.001 through 469.047, as amended. "Authority" means the Economic Development Authority for the City of Shakopee. "City" means the City of Shakopee, a municipal corporation under the laws of the State of Minnesota. "Comprehensive Plan" means the City's Comprehensive Plan, including the objectives, policies, standards and programs to guide public and private land use,- development, redevelopment and preservation for all lands and water within the City. "City Council" or "Council" means the Shakopee City Council. "County" means Scott County, Minnesota. "Project" means the Minnesota River Valley Housing and Redevelopment Project No. 1. "Project Area" means the property within the Project, as described in the Project Plan. "Project Plan" means the Redevelopment Plan for the Project, as modified from time to time. "State" means the State of Minnesota. "Tax Increment Financing Act" or "TIF Act" means Minn. Stat., Sections 469.174`through 469.179, inclusive, as amended. "Tax Increment Bonds" or "TIF Bonds" means any general obligation or revenue tax increment bonds, notes or other obligations issued by the City or Authority to finance the public costs associated with the Project as stated in the Project Plan and in the Tax Increment Financing Plans for the Tax Increment Financing Districts within the Project, or any obligations issued to refund the Tax Increment Bonds. SJB135443 SH235-04 1 • "Tax Increment Financing District" or "TIF District" or means Tax Increment Financing District No. 11, or any other TIF District in the Project if the context so requires. "Tax Increment Financing Plan" or"TIF Plan"means the TIF Plan adopted by the Council for TIF District No. 11, or the TIF Plan for any other TIF District in the Project if the context so requires. II. MODIFICATION TO REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 The City and Authority intend, through this document, to modify the Project Plan for the Project. Section 1.6 (regarding parcels to be acquired within the Project), Section 1.7(regarding estimated public improvement costs within the Project) and Section 1.8 (regarding public improvements and facilities within the Project) of the existing Project Plan are deemed modified to incorporate the terms of the TIF Plan following in Section III of this document. The boundaries and general objectives of the Project remain unchanged. - III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING- DISTRICT NO. 11. A. Statutory Authority. The Authority, with approval of the City Council, is authorized to establish TIF District No. 11 and this TIF Plan pursuant to the Act and the TIF Act. (See also Section I.A.) B. Statement of Objectives. The objectives outlined in Section 1.4 of the Project Plan as amended are incorporated herein by reference. C. Statement of Public Purpose. In adopting the TIF Plan for TIF District No. 11, the City Council will make the following findings: 1. Anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan: Factual basis: The site in question is characterized by soil and erosion problems that make development difficult and financially infeasible. In addition, the proposed development is one of the largest manufacturing facilities in the metropolitan area, requiring an assembly of parcels, re-platting of a portion of the Valley Green Business Park, and construction of roads and related public SJB135443 511235-04 2 improvements. The development will add $29.6 million in market value. After adjusting for the present value of the tax increments for the maximum duration of the TIF District (approximately $5.1 million; see Exhibit C, Market Value Analysis Report)the balance for comparison purposes is$24.5 million. Given the smaller scale of most comparable manufacturing facilities and the development difficulties presented at this site, the City reasonably expects that any increase in market value that might occur at this site without tax increment assistance would be substantially less than $24.5 million. In fact, no other development is likely without such assistance in the near future, due to the site preparation needed to make the property suitable for development. Further, Seagate Technology, Inc. has represented to the City that, without the assistance provided under this plan, it would be required to seek sites elsewhere, including sites outside the State and the nation, in order to compete in international markets. In making this finding, the City has relied on information submitted by Seagate Technology, Valley Green Industrial Park, and the general knowledge of staff and council members regarding this site. 2. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project by private enterprise. Factual basis: The proposed development is a manufacturing facility that is expected to retain approximately 1,275 existing jobs in the State and create 40 new jobs, plus create substantial new tax base for the City and the state. The development clearly meets the City and Authority's economic development goals in terms of land use,job creation and wage levels. 3. The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City-Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plana D. Development Program for the Project The overall development plans for the Project as a whole are described in the Project Plan. The substance of this TIF Plan is incorporated in that Project. Plan (See Section II. of this document, above). All actions taken with regard to TIF District No. 11 will be fully consistent with the modified Project Plan. E. Description of TIF District. The TIF District consists of the parcels legally described in Exhibit A hereto. Maps of the approximate boundaries of the TIF District are attached as Exhibit B hereto. SJB135443 SH235-04 3 F. Project Contracts. Pursuant to Section 469.176, Subd. 5 of the TIF Act, no more than 10 percent, by acreage, of the property to be acquired within the Project will at any time be owned by the Authority as a result of acquisition with the proceeds of TIF Bonds to which tax increment from the property acquired is pledged unless the Authority has first concluded an agreement for the development or redevelopment of the property. In connection with the development proposals further described in Section Q., the Authority anticipates entering a development agreement with Seagate Technology, Inc. or a related entity. G. Classification of TIF District. The City and Authority fmd that the TIF District is an economic development district pursuant to Section 469.174, subdivision 12 of the TIF Act because the proposed tax increment assistance will discourage commerce, industry, and manufacturing from moving their operations from the State, will result in increased employment within the State, and will result in the preservation and enhancement of the tax base of the State. Further, revenue derived from tax increment from the TIF District will not be used for to provide assistance in any form to developments consisting of buildings or ancillary facilities if more than 15 percent of the buildings and facilities(determined on a square footage basis) are used for a purpose other than: 1. the manufacturing, storage and distribution of tangible personal property, including processing resulting in the change in condition of the property; 2. warehousing, storage and distribution of tangible personal property, excluding retail sales; 3. _research and development related to the activities listed in clause 1 or 2; 4. telemarketing, if that activity is the exclusive use of the property; 5. tourism facilities (if the conditions specified in Section 469.174, subd. 22 are met); and 6. space necessary for and_related to the activities listed in clauses 1 to 5. H. Modification of TIF Plan. This TIF Plan may be modified by the Authority, provided that any reduction or enlargement of geographic area of the TIF District, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the Authority, increase in total estimated tax increment expenditures, or designation of additional SJB135443 SH235-04 4 property to be acquired by the Authority, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original Plan. I. Use of Tax Increment. Pursuant to Section 469.176, Subd. 4 of the TIF Act, all revenues derived from the TIF will be used in accordance with the TIF Plan. The revenues shall be used to finance or otherwise pay the capital and administrative costs of development activities within the TIF District as identified in the TIF Plan, including principal and interest on all TIF Bonds as defined herein. J. Excess Tax Increment. Pursuant to Sections 469.176, Subd. 2 of the TIF Act, in any year in which the increment exceeds the amount necessary to pay the costs authorized by the TIF Plan,the Authority will use the excess amount to do any of the following, in the order determined by the Authority: 1. prepay the outstanding TIF Bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of TIF Bonds; or 4. return the excess amount to the Scott County auditor, who shall distribute the excess amount to the City, the County and Independent School District No. 720 in direct proportion to their respective tax capacity rates. In addition, the Authority may choose to modify the TIF Plan again in order to provide for other eligible costs within the TIF District or the Development District (subject to pooling limitations). K. Limitation of Increment. 1 No increment may be paid to the Authority from the TIF District after three years from the date of certification of the original tax capacity of the taxable real property in the TIF District by the county auditor unless within the three year period (a) bonds have been issued pursuant to Section 469.178 of the TIF Act, or (b) the Authority has acquired property within the TIF District, or (c) the Authority has constructed or caused to be constructed public improvements within the TIF District. 2. If,after four years from the date of certification of the original tax capacity of the TIF District, no demolition, rehabilitation, or renovation of property or other site preparation, including qualified improvement of a street or right-of-way adjacent to a parcel but not installation of underground utility service, including sewer or water systems, have been commenced on a parcel located within the TIF District by the Authority, or by the owner of the parcel in accordance with the TIF Plan, no additional increment may be taken from that parcel, and the original tax capacity of that parcel shall SJB135443 SH235-04 5 be excluded from the original tax capacity of the TIF District. If one of these activities subsequently commences, the Authority will so certify to the county auditor, and the tax capacity of the property as most recently certified by the commissioner of revenue will be added to the TIF District's original tax capacity. 3. Tax increment expenditures must comply with the "5-year rule" set forth in Section 469.1763 of the TIF Act. Generally, tax increment may be expended only for bonds, contracts or reimbursement of costs incurred within 5 years after the date of certification of the TIF District. 4. No tax increment will in any event be paid to the Authority from the TIF District after 9 years from the date of receipt of the first increment, or 11 years from the date of approval of this TIF Plan, whichever occurs first. L. Limitation on Administrative Expenses. Pursuant to Section 469.176, Subd. 3 of the TIF Act, administrative expenses are limited to 10 percent of the expenditures authorized in the TIF Plan or 10 percent of the total actual tax increment expenditures, whichever is less. Each time the Authority increases the budget of the TIF District, the amount of tax increment money allocated to administrative costs may be increased as long as the total of administrative expenditures does not exceed 10 percent of the total budget of the TIF District. M. Limitation on Boundary Changes. The geographic area of the TIF District may be reduced, but it may not be enlarged after five years following the date of certification of the original tax capacity by the Scott County auditor. Therefore,TIF District No. 11 may not be enlarged after approximately,February, 2003. N. Relocation. Although no relocation is anticipated, the Authority accepts as binding its obligations under state law for relocation and will administer relocation services for families, individuals and businesses displaced by public action. O. Parcels to be Acquired. The Authority may acquire any property or interest therein located within TIF District No. 11 that the Authority determines to be necessary in order to accomplish development goals for the TIF District. P. TIF Account. The tax increment received with respect to the TIF District shall be segregated by the Authority in a special account on its official books and records or held by a trustee for the benefit of holders of bonds issued to finance development activities. SJB135443 SH235-04 6 Q. Estimate of Project Costs. The Authority intends to facilitate development of a manufacturing facility to be constructed by Seagate Technology, Inc. The costs to be financed primarily with tax increments are estimated as follows: Land acquisition (including all costs necessary to make site developable for Seagate Facility) $4,400,000 Future Transportation Improvements 200,000 TOTAL $4,600,000 The above figures are estimates, which may shift among categories,provided that the total costs will not exceed the total listed. Costs within each category are deemed to include capitalized interest which will vary depending on when or if bonds are issued, but in any event will not exceed three years as required by Minn. Stat. Ch. 475. In addition to the costs listed above,the Authority may retain up to ten percent of the total tax increment collected each year for administrative expenses, subject to the limitation that no more than 10 percent of total tax increment expenditures may be expended for administrative costs, as described in Subsection L hereof. While the Authority retains the right to such ten percent administrative budget,it currently anticipates an administrative retainage of three percent, as shown in Schedule C. Further, the Authority may pay interest on any bonds or pay as you go obligations issued to finance such capital costs, as described in Section R. R. Estimate of Bonded Indebtedness. The Authority or City may finance public costs identified in this TIF Plan through issuance of TIF Bonds, including any "pay as you go" obligations, in the total principal amount of $4,600,000. Any interest on such obligations is deemed an authorized expenditure of tax increments in addition to the capital amounts described in Section Q. S. Original Tax Capacity. At the time of the request for certification,the original tax capacity of property within TIF District No. 11 is expected to be $24,067. This figure represents the property's tax capacity as of January 2, 1997, which is the tax capacity for the previous assessment year. The Authority anticipates that there will no annual increase in the original tax capacity, as the average percent increase in estimated market value for this property for the previous five years (1992 to 1997 assessment years) is 0%. (See Exhibit C, Assumptions Report.) The original local tax rate of TIF District No. 11 is estimated to be 130%. This is an estimate of the aggregate local tax rate applicable to property within the TIF District for taxes payable in 1998; the actual rate is not available at the time this plan is approved. SJB135443 SH235-04 7 The County auditor will increase or decrease the original tax capacity of the TIF District as a result of: 1. change in the tax exempt status of property within the TIF District; 2. reduction or enlargement of the geographic boundaries of the TIF District; or 3. reduction of valuation by means of a court-ordered abatement, stipulation agreement, voluntary abatement made by the assessor or auditor or by order of the Minnesota Commissioner of Revenue. 4. change in the classification of property within the TIF District to a classification that has a different assessment ratio. Each year the county auditor will measure the increase or decrease in the tax capacity of the TIF District. Any year in which the total tax capacity of the TIF District exceeds the adjusted original tax capacity, an increment will be payable to the Authority. Any year in which the tax capacity is below the adjusted original tax capacity, no tax capacity will be captured and no increment will be payable to the Authority. T. Estimate of Captured Tax Capacity and Tax Increment. The Authority anticipates that Phase I of the Seagate Technology development will be completed by the end of 1998, creating a total tax capacity for TIF District No. 11 of$899,138 as of January 2, 1999. The captured tax capacity as of that date is estimated to be $584,961 (after deducting for fiscal disparities) and the first tax increment is estimated to be $773,449 payable in 2000. The captured tax capacity in expected to increase to $807,302 upon completion of Phase II. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit C. The estimates shown in this TIF Plan assume that commercial class rates remain at 4.0% of the estimated market value over $150,000. Total tax increment collections may be less in the - event class rates decline as described in legislative proposals discussed at the time this plan is being prepared. In accordance with the TIF Act, fiscal disparities contributions for this economic development district will be made from within the TIF District, as shown in Exhibit C. Pursuant to Section 469.177, Subd. 2 of the TIF Act, it is found and declared that all of the captured tax capacity generated upon full development of all property within the TIF District is necessary to finance or otherwise make permissible expenditures authorized by Section 469.176, Subd. 4 of the TIF Act. U. Duration of the TIF District. SJB135443 p S11235-048 235-04 Pursuant to Section 468.176, Subd. 1 b of the TIF Act, the Authority may continue to receive TIF payments until the earlier of 9 years after the date of receipt of the first increment, or 11 years after the date of approval of this TIF Plan. V. Estimate of Impact on Other Taxing Jurisdictions. The Authority believes that, because the development would not have occurred without tax increment assistance, the TIF District has no impact on other taxing jurisdictions. However, assuming the development described in Subsection Q hereof would have occurred without tax increment assistance,making the anticipated captured tax capacity available to other jurisdictions, the hypothetical impacts on other jurisdictions are presented in Exhibit D. The tables indicate the maximum impact,assuming completion of Phase II of the Seagate development,and assuming that commercial class rates remain at 4.0% of value over $150,000. W. Annual Reports. The Authority will file the annual reports with the State Auditor regarding all TIF Districts in the City, as required in Sections 469.175, subds. 5, 6, and 6a of the TIF Act. X. Notification of Prior Planned Improvements. Pursuant to Section 469.177, Subd. 4 of the TIF Act, the Authority reviewed its records with regard to the property within the TIF District and found no building permits were issued during the 18 months immediately preceding approval of the original TIF Plan by the City. Y. Assessment Agreements. Pursuant to Section 469.177, Subd. 8 of the TIF Act, the Authority may execute assessment agreements in recordable form with any property owner which establishes a minimum market value of the land and improvements for the duration of the TIF District. The assessment agreement, if any, shall be presented to the Scott County assessor who shall review the plans and specifications for the improvements constructed or to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor to be a reasonable estimate, the assessor may certify the minimum market value agreement. The assessment agreement shall be filed of record in the office of the county recorder or the registrar of titles of Scott County. Recording or filing of an assessment agreement complying with the terms of Section 469.177, Subd. 8 of the TIF Act shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. Z. Local Government Aid/Homestead and Agricultural Credit Aid (LGA/HACA) Pursuant to Minnesota Statutes, Section 273.1399, subd. 6(d), the City elects to make a local contribution to pay costs of the project financed under this TIF Plan, in the amount equal to 10 percent of the annual tax increment. Therefore, the City anticipates that the TIF District will be exempt from LGA/HACA loss. SJB135443 SH235-04 9 The local contributions will be made from unrestricted funds of the City or Authority, and not from tax increments or developer payments. The local contribution will not be used for general government purposes or for improvements or costs that the Authority or the City planned absent the project. The City currently anticipates that the contribution will be made in the form of waiver or payment by the City of various permit and development fees(including storm sewer assessments) otherwise imposed upon this development under City ordinances and procedures. A portion of the contribution may also be made through City financing of road improvements directly related to and necessary for the proposed Seagate development. IV. MODIFICATION TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 The property included in TIF District No. 11 (described in Exhibit A hereof) was originally included within TIF District No. 1, the district created upon establishment of the Project in 1979.' That parcel has remained undeveloped since 1979, and arguably has been "knocked down" under the rules described in Section 469.176, subd. 6 of the TIF Act. In order to clarify the Authority's and County's records, the Authority hereby eliminates the property described in Exhibit A from TIF District No. 1. The original plan documents related to TIF District No. 1 (and any modification thereof) are deemed modified to reflect this change in boundaries of that district. TIF District No. 1 was established prior to August 1, 1979 under the predecessor statute to the HRA Act. As such, this district is not generally subject to the requirements of the TIF Act, except to the extent that redevelopment activity is extended beyond the scope of activity set forth in the redevelopment plan under the HRA Act after May 1, 1988. SJB135443 to SH235-04 EXHIBIT A Description of TIF District No. 11 Outlot D, Canterbury Park 2"d Addition, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota, EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-9 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. The West 374.44 feet of Lot 1, Block 1, Canterbury Park 2"d Addition, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. Lot 1, Block 1, Canterbury Park Fourth Addition, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. That part of the East Half of the Southwest Quarter (E'/2 of SW 1/4) of Section 9, Township 115, Range 22, Scott County, Minnesota, Lying North of the North line of County Highway No. 16, formerly County Road No. 11; EXCEPT the Plat of Canterbury Park Fourth Addition, Scott County, Minnesota; and EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-11, on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. That part of Lot 1, Block 1, vacated road lying north of Lot 1, Block 1 DCCO 15i ADDITION and that part of Parcel 66 and Parcel 67, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-19, according to the recorded plats thereof Scott County, Minnesota, described as follows: Beginning at the Northeast corner of Parcel 67; thence 269 degrees 41 minutes 13 seconds, along the north line of said Parcel 67 and its westerly extension, a distance of 570.00 feet to the northwest corner of DCCO 1' ADDITION; thence on an azimuth of 179 degrees 06 minutes 30 seconds, along the west line of said DCCO 1S' ADDITION, a distance of 238.25 feet to the northeast corner of said Parcel 66thence on an azimuth of 275 degrees 57 minutes 25 seconds, along the northerly line of Parcel 66, a distance of 406.67 feet;thence on an azimuth of 209 degrees 48 minutes 05 seconds, along the northwesterly line of parcel 66, a distance of 88.81 feet;thence on an azimuth of 119 degrees 46 minutes 07 seconds a distance of 334.13 feet; thence on an azimuth of 75 degrees 20 minutes 13 seconds, a distance of 752.20 feet to a point on_the east line of Parcel 67 distant 250.00 feet south of the northeast corner of said Parcel 67;thence on an azimuth of 359 degrees 08 minutes 30 seconds,along said east line of Parcel 67, a distance of 250.00 feet to the point of beginning. For the purpose of this description azimuths are based on the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-19. [The above property to be replatted as Lots 2 and 3, Block 2, Canterbury Park 5th Addition] The TIF District also includes all existing and proposed road rights-of-way adjacent to described property. SJB135443 SS11235-04 A-'t EXHIBIT B Map of TIF District No. 11 SJB135443 7� SH235-04 B-1 EXHIBIT C Tax Increment Schedules SJB135443 C-1 S11235-04 uif uoi.)o ua:DO rAA biz ZZ a 3UUZ SYKINGST 1) INC. -141U 7/00 9 Assumptions Reeort I City of Shakopee,Minnesota Proposed Tax Increment Financing District Seagate Technologies Project Type of Tax Increment Financing District Economic Development Maximum Duration of TIF District Leaser of 11 yrs.from TIF plan approval -or-9 years from 1st increment Certification Request Date 02/01198 Decortlilcation Date 12/01/08 (9 Years of Increment) 1997/98 1997188 PID# Total EMV %Aeolicablg EMV in TIF 27-123-001-0(portion of) 185,000 52.81% 87,137 27-156001-0 95,200 100.00% 95,200 27-123008-0 450,700 100.00% 450,700 27-909004-0(portion of) 136,500 12.74% 17,390 Total Base Estimated Market Value(EMV) $650,427 Times:First 5150,000 2.70% 4,050 Excess 4,00% 20.017_ Original Net Tax Capacity(OTNC) $24,067 Assessment/Collection Year 1998/1999 1999/2000 2003/2004 Base Estimated Market Value $650,427 $850,427 $650,427 Increase in Estimated Market Value 0 21,876,767 29,684,573 Total Estimated Market Value $850,427 $22,527,194 $30,335,000 Times:First $150,000 2.70% 4,050 4,050 4,050 Excess 4.00% 20,017 895,088 1,207,400 Total Net Tax Capacity $24,067 $899,138 $1,211,450 Base Inflation Factor 0.00% Local Tax Capacity Rate 130,000% Fiscal Disparities Contribution From TIF District 32.01% Administrative Retainage Percent(maximum=10%) 3.00% Pooling Percent 0.00% City Tax Rate(Only If Local-Effort TIF) NA 11=12 Loan(Pav-As-You-Gol Bonds Dated NA Loan Dated 02/01/98 First interest-Date NA Loan Rate 7,50% Underwriters Discount NA 0A/HADA Loss Will Annual Local Contribution Be Made(Yes or No)? Yea $833,292 LS.D#720 Equalized Tax Capacity Rate NA I.S.D#720 Sales Ratio NA City Sales Ratio&Taxable Net Tax Capacity NA NA Present Value Date&Rate 02/01/98 7,50% ul/uo/Jo uu:00 FAA. I$IZ LL, JUUL br iNli01L:L LN . • lfyUuti/UUM 00 O) a0) 0 a) CO CO m a) lCI m v Q Q el' a) al 0) at O o) (a 0 .� of a) 0 of c c co DO aD N CO 1.., g v .Cr n n O O O O 0 CO X a Q W O) O O co to to m a) 0303030) 03030) 0303 V) C 'Q' 'P .T O) C) O. O) CO a) TO g 10 Eo vvvvtOeotocaca N C ` V P h t� 1. O. 0 0 0 O o S Z 2 60 ooCm � MMRI mCO00InIeu'rLO E tac• o m NNNNNMMMMM a � en 11111111, o0MMMMas WOa) 0 P. i5 e o 0 0 0 v 131 cd S .. 0113 so m v e• 0.0 O O a 0 0 03 a) M M M M j 0' 0) Q Q ? N uu M F7 M of a) of of of r w C � �� D EaG n � � � oo 03 E oC � SCD c c g O- - q0 ad * $ �e �e �e � * * � * * ty, — o0000000000 - y 0 0 0 0 0 0 0 0 0 0 0 0 Q O Ill o o 0 0 0 0 0 0 0 0 0 QQ��) a) O C o 0 0 0 G C o C 0 O E = E F a a, m M M M M M M M !7 M M M O N 0,1 c i_ - x .0 O O r .- r r N N N N N a �r 12 '0 00 o RIc30) toiC.3 -o d a) w g v v q• t; N ti ti a) Q o O o 0 V N CO +~' C:v lots N WI N O O O CO c0 0 as 0 ct0 co oZU a Q.— t 0 0 0 O o 0 c r aO CD CO CO CO rr .r- O 0 o O 0 .• — o - o 0e 0 o O O . O m a) 0 .^ co co CO ao m CO CO CO O a o .... sal �- N N N M M M In N J LL a {aN 0 m c SESSESSESES 't x e Q Ni Q V Q Q 7 Q Q Kr'12 5 ~ N N N N N NN N N N N Z e .� % W v C t 1 nm CO CO CO 0 0 0 o 0 aG a M M M M If) lf) 441 O O e- r V� Q .T V_ Q '? of ai O) of r_ •- e- --- r 11/ N N N m CO) 0 0 N N N N CO. � a '- '- - � Z 0 t O O) 0 .- 0 N t7 'Q If) CO P. m a) m 0 e Q` 0 0 SI 0 5..:.3 13 ID co aaaaaa aaaaa mw U1/10/JO lz:ja FAA 612 223 3002 SPIINGSTED INC. J002/002 1 Market Value Analysis Report City of Shakopee, Minnesota Tax Increment Financing (Economic Development) District Seagate Technologies Project Assumptions Present Value Date 02/01/98 P.V. Rate-Gross T.I. 7.50% Increase in EMV With TIF District $29,684,573 Less: P.V of Gross Tax Increment 5,114,828 Subtotal $24,569,745 Less: Increase in EMV Without TIF 0 Difference $24,569,745 Annual Present Gross Tax Value Year Increment 7.50% 1 2000 773,449 637,787 2 2001 773,449 593,290 3 2002 773,449 551,898 4 2003 773,449 513,394 5 2004 1,049,493 648,022 6 2005 1,049,493 602,811 7 2006 1,049,493 560,755 8 2007 1,049,493 521,632 9 2008 1,049,493 485,239 10 2009 0 0 11 2010 0 0 12 2011 0 0 13 2012 0 0 14 2013 0 0 15 2014 0 0 16 2015 0 0 17 2016 0 0 18 2017 0 0 19 2018 0 0 20 2019 0 0 21 2020 0 0 22 2021 0 0 23 2022 0 0 24 2023 0 0 25 2024 0 0 $8,341,261 $5,114,828 Prepared by: Springsted Incorporated (1/19/98) EXHIBIT D Estimated Impact on Other Taxing Jurisdictions SJB135443 T SH235-04 D-1 O ��pp O) :. .o- c 0 Ts v h 0 N z f cu .� .�U v. a) coQ I a. F' ai c Ovc v oee 2w 5 ovN m No _. 'Cd Q .I cda `" m o c•) U � _o m 80. 0 � x x>, m o0 ap71 pg Nmea ` 0 Of .1 Q£ 3 . .. Qc l. o >, — /oko N CO NaJ �?.Q .- 880 -a0 12 W a 2i p- n40 n � � ym n d 0 N M ^ , t = c �o o c 47 IX �' d m co e oeg� n M q ' 0 a) a co CO N C) L Z x N O. m = C g ro o v y Z v C : g W o N Q) •.-'47. cg '� .d 0 0 II 0 10 1N1 N .. t O C Q 13 .0 .0,o k co c Dti) c a) C) C G fn ai IR to c) a a coo a .. e o 0 wol o Ii 4.1 U Z U c o tLcv lgt 0 m p Odr C) D ' a) R in. us 0 S N cp C = 0) .Q- m O U 'c= L H x rn o Cd a m 0th M a o c Nom ~ � caa o m o , W e a~) - o bm v I� ac Z 1CL N 0 v M ~ 3 Z o a s cti �. 0 m a/ = o •E .o a= CL U Al al z o i .� a E 4 of(13 Era m m Q taa , f=- mC M _ ca C 2'i — is o m o°'o m U o rc0o W 19 .E ca rn o g N vv (• M el N m I- 0 8 ; •• — 0 Cn 'J td c m cNo a 0 �j 12 = U. ~ a! Q �' ui Z 1a 13) It .- ,- o rn v m L' m 45 o a c �) m is- 4) c aJ bmm c c m_ L cr, K. `01 _c v m U .'- v ,- a, V 5 't0 U C w l Z CD C V = = 3 3c Fo E o p, e- .. 11 c 8 co c E E a413 co 2n cic ici r„ 6 c co c cn m 5 a. •N m • o .0 ci Z 0 Z' L C W a 0 0- co o -� ";-:) U N n )( 1-11Bri"-- CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11,MODIFICATION TO THE BOUNDARIES OF TIF DISTRICT NO. 1, 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 ("HRA Act");and 1.02. Within the Project the City has created certain tax increment fmancing districts= pursuant to Sections 469.174 to 469.179 (collectively, the "TIF Act"); and - 1.03. The Project is now administered by the Economic Development Authority for the City of Shakopee ("Authority"). 1.04. The Authority and City have determined to modify the redevelopment plan("Project Plan") for the Project, approve a new tax increment financing plan ("TIF Nan") for TIF District No. 11 (the "TIF District"), and modify the boundaries of existing TIF District No.'1, all as described in a plan 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 TIF Plan 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 Planall in accordance with the TIF Act. 1.07. By resolution dated February 3, 1998,the Authority approved the modified Project Plan and TIF Plans 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. 2.02. It is further specifically found and determined that: SJB135305 SH235-04 1 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 No. 11. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Project, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the TIF District and the Project. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. 2.03. The proposed-public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and the Project in terms of development intensity, employment opportunities and tax base. 2.04. The TIF Plan conforms to the general plan of development of the City as a whole. 2.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Project by private enterprise. 2.06. TIF District No. 11 is an economic development district under Section 469.174, Subd. 12 of the TIF Act. 2.07. Reasons and facts supporting all the above-findings are set forth in the TIF Plan and are incorporated herein by reference. The Council has also relied upon the reports and recommendations of its staff and consultants as well as the personal knowledge of members of the City Council in reaching its conclusions regarding the TIF Plan. 2.08. The City elects to make a qualifying local contribution toward project costs, and therefore expects that the TIF District will be exempt from state aid loss under Minnesota Statutes, Section 273.1399, subd. 6(d). Section 4. Plans Adopted; Filing. 4.01. The modified Project Plan and the TIF Plan for TIF District No. 11 are hereby approved and adopted. SJB135305 SH235-04 2 4.02. The modification to the boundaries of TIF District No 1 are hereby approved as described in the Project Plan and related TIF Plan documents submitted to the Council. 4.03. The Authority is authorized and directed to file a copy of the modified Project Plan and TIF Plans with the Minnesota Commissioner of Revenue as required by the TIF Act. Approved by the City Council of the City of Shakopee this 3rd day of February, 1998. Mayor Attest: City Clerk SJB135305 SH235-04 3 ECONOMIC DEVELOPMENTAUTHORITY FOR THE CITY OF SF RESOLUTION NO. RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11,MODIFICATION TO THE BOUNDARIES OF TIF DISTRICT NO. 1, 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 certain tax increment financing districts pursuant to Sections 469.174 to 469.179 (collectively, the "TIF Act"). 1.03. The Project is now administered by the Authority. 1.04. The Authority has determined to modify the redevelopment plan ("Project Plan") for the Project, approve a new tax increment financing plan ("TIF Plans") for TIF District No. 11 (the "TIF District"), and modify the boundaries of existing TIF District No. 1, all as described in a plan 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 Plan are consistent with the comprehensive City plan. Section 2. Plans Adopted; Further Proceedings. 2.01. The modified Project Plan, the TIF Plan for TIF District No. 11, and the modification to TIF District No. 1 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 3rd day of February, 1998. President Attest: Secretary SJB136732 SH235-04 1 I-I'I � 1 CITY OF SHAKOPEE Ir PLANNING COMMISSION RESOLUTION NO.98-06 RESOLUTION FINDING THE MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 11 AND 1 CONSISTENT WITH THE PLANS FOR DEVELOPMENT OF THE CITY OF SHAKOPEE WHEREAS, the City Council of the City of Shakopee has authorized preparation of a modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project") and the Tax Increment Financing Plans("TIF Plans")for Tax Increment Financing District Nos. 11 and 1, within the Project, and the modified Redevelopment Plan and TIF Plans have been submitted to the Planning Commission for comment; and WHEREAS, the Planning Commission has reviewed the modified Redevelopment Plan and TIF Plans and has compared them with the plans for development of the City as a whole. NOW, THEREFORE, BE IT RESOLVED By the Planning Commission of the City of Shakopee, Minnesota as follows: 1. The modified Redevelopment Plan for the Project and the TIF Plans for TIF District Nos. 11 and 1 are found to be consistent with the plan for development of the City of Shakopee as a whole. 2. City staff are authorized and directed to provide a copy of this resolution to the City Council and the board of commissioners of the Shakopee Economic Development Authority as the Planning Commission's written comment regarding the proposed plan modifications. Approved this 7 day of/( ..u,e7 , 1998, by the Planning Commission of the City of Shakopee, Minnesota. l �ti a � Ch ' efson ��Z / rp ATTEST: </. Secretary SJB136730 SH235-04 , Z0'd 11:1101 NO,LJUIf047H i `• 1 �''' as *� I' £' 2 VAVS ivy Ii� ' _. 1.7_ •\Wk 'k‘N\\. C.- . fir '1 atr__•_. . ',II:,,'' > ‘kklko* ..cm, .. . 2-70. \w. ‘ 4 • o . / , , 1 ,, ,` , • . . _ V, : r \� �_1 \ . ..1 • \as '.k�,, ,� ` O ./ a:a • : I t L.... 4IZ� t 1 CI a r.. ' a ._.._, ,,7 L w . W a. :z - s 4. of _ II d JI: l - 'OnY UM. Aevnun] \f' I, —I %1II �O i J / 1 , D O ® . o , \ . in..X.die • • 40 "-* * , * * A 1 . . .,- . .,. , . . i a • Par'$ 'Ie.. ,,,r.7....... .,„,. ., 416 poi c 44 li=iiafw 4 ! iL o / a, iv A'. =ral'a Figaro • �, TTI) 0 fX 4. c a J Es� -` t C • I� U. ��, � o f elll O I= a F""mq I •la 1111113 6 iiiiii 1111111161 I es., \.4.0 ',, '------_ ._ ..____ GsmiIiV-.I a115:tra'wE rG .w1 I�N 711, 1 • l ,. • 0 . C iiilip 9r,* __. : \ \. 11:111has—1..-,20 . ' II . w cn rn ; o -IIS (rte Q �r o, .��..:ea Y 1 m . Il FG11?0rd PT1.Q Ct t 7TOran,mv v.p, ,•r- nnn FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:29/ST. 18:24/NO. 3562170721 13 and an increase of $1,151,000 when compared with the immediately preceding quarter ended June 27, 1997. These expenses represented 6.7% of revenge for the quarter ended October 3, 1997 compared with 5:4% for the comparable year-ago quarter and 6.3% for the immediately preceding quarter. The increase in expenses from the comparable year-ago quarter was primarily due to increases in salaries and related costs, increased marketing and administrative expenses related to the Company's software products and services, particularly those of the Information Management Group, and advertising and promotion, partially offset by decreases in allocated occupancy costs and legal expenses, and the absence of employee profit sharing and executive bonuses in the quarter ended October 3, 1997. The increase in expenses from the immediately preceding quarter was primarily due to increases in salaries and related costs and advertising and promotion, substantially offset by a reduction in allocated occupancy costs and the absence of employee profit sharing and executive bonuses in the quarter ended October 3, 1997. Amortization of goodwill and ocher intangibles decreased by $760,000 for the quarter ended October 3, 1997 when compared with the comparable year-ago quarter and increased by $588,000 when compared with the immediately preceding quarter ended June 27, 1997. The decrease in amortization from the year-ago quarter was primarily due to the write-down of goodwill and the write-offs and write-downs of certain intangible assets related to past acquisitions of software companies whose value had become impaired, in the quarters ended December 27, 1996 and March 28, 1997, partially offset by additional amortization related to goodwill and intangibles arising from the acquisition of Quinta Corporation and the additional investment in Dragon Systems, Inc. The increase in amortization from the immediately preceding quarter was primarily due to additional amortization related to goodwill and intangibles arising from the acquisition of Quinta Corporation and the additional investment in Dragon Systems, Inc. The$215,764,000 charge for the write-off of in-process research and development in the quarter ended October 3, 1997 was primarily a result of 'the August 1997 acquisition of Quinta Corporation. See note 7,Acquisition of Quinta,to consolidated condensed financial statements. During the quarter ended September 27, 1996, the Company reversed $9,554,000 of its restructuring reserves as a result of the completion of certain aspects of the restructuring plan at less than the originally estimated cost. The Company is currently reviewing its operations worldwide and is contemplating actions which, if determined to be necessary, would result in restructuring and other one-time charges in,or subsequent to, the Company's second quarter of fiscal 1998 ending January 2, 1998. Although the consideration of any such actions has not been finalized and several are in a preliminary stage, any such charges, if required, could range from approximately$50 million to approximately$100 million. Amstrad PLC C'Am_strad':') initiated a lawsuit against the Company in 1992 concerning the Company's sale of allegedly defective disc drives to Amstrad. On November 6, 1997, the Company and Amstrad settled all of the outstanding disputes. The settlement will result in approximately a $22,000,000 reduction against the $153,000,000 charge recorded in June 1997. This reduction in the settlement cost will be reflected in the Company's results for the quarter ending January 2, 1998. See"Part II Other Information - Item 1. Legal Proceedings—Business Litigation." Net other income decreased by $56,131,000 for the quarter ended October 3, 1997 when compared with the comparable year-ago quarter and decreased by $62,322,000 from the immediately preceding quarter ended June 27, 1997. The decrease in net other income from the comparable year-ago quarter and the immediately preceding quarter was primarily due to mark- t FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:30/ST. 18:24/NO. 3 5021 70721 P 13 to-market adjustments of 562,819,000 on certain of the Company's foreign currency forward exchange contracts for the Thai Baht and the Malaysian Rizlggit. See"Foreign Currency Risk". increased interest income, primarily due to higher average invested cash. partially offset this charge with respect to the comparable year-ago quarter. The effective tax rate used to record the benefit for income taxes for the quarter ended October 3, 1997 was 4% compared with a 28% effective tax rade used to record the provision for income taxes for the comparable period last year. The lower effective tax rate used to record the benefit for income taxes for the quarter ended October 3, 1997 resulted primarily from non-deductible charges incurred as a result of the acquisition of Quinta Corporation. Excluding the acquisition of Quints.Corporation, the pro forma effective tax rate used to record the benefit for income taxes for the quarter ended October 3, 1997 would have been 28%. The pro forma effective tax rate of 28% is less than the U.S. statutory rate primarily because a portion of the Company's anticipated net earnings of foreign subsidiaries is not subject to foreign income taxes and is considered to be permanently invested in non-U.S. operations. The Company expects its effective tax rate on operating income for the remaining quarters of fiscal. 1998 to approximate 28%. However, the actual effective tax rate may vary from 28% if, for example, the Company incurs charges in connection with future acquisitions. Foreign Currency Risk: The Company transacts business in various foreign currencies, primarily in emerging market countries in Asia and in certain European countries. The Company has established a foreign currency hedging program utilizing foreign currency forward exchange contracts and purchased currency options to hedge local currency cash flows for payroll, inventory, other operating expenditures and fixed asset purchases in Singapore, Thailand and Malaysia. Under this program, increases or decreases in the Company's local currency operating expenses and other cash outflows are partially offset by realized gains and losses on the hedging instruments. The goal of this hedging program is to economically guarantee or lock in the exchange rates on the Company's foreign currency cash outflows rather than to eliminate the possibility of short-term earnings volatility. The Company does not use foreign currency forward exchange contracts or purchased currency options for trading purposes. Gains and losses related to,qualified hedges of firm commitments and anticipated transactions are deferred and are recognized in income or as adjustments of carrying amounts when the hedged transaction occurs. All other forward exchange and option contracts are marked-to- market and unrealized gains and losses are included in current period net income.Because not all economic hedges qualify as accounting hedges, unrealized gains and losses may be recognized in income in advance of the actual foreign currency cash flows. This mismatch of accounting gains and losses and foreign currency cash flows was especially pronounced during the first quarter of 'fiscal 1998 as a result of the declines in value of the Thai Baht and Malaysian Ringgit,relative to the U.S. Dollar. This resulted in an "nrealized pre-tax charge of$62,819,000 recorded in Other Income (Expense) for the quarter ended October 3, 1997. The table below provides information about the Company's derivative financial instruments, comprised of foreign currency forward exchange contracts and purchased currency_ options.- The table presents the notional amounts in U.S. Dollars (at the contract exchange rates)-and the weighted average contractual foreign currency exchange rates in local-currency per U.S. Dollar. All instruments mature within twelve months. t2 FROM STSV CORP FACILITIES (MON) 02. 02' 96 18:31iST. 18:24/NO. 3562170721 P 14 October 3. 1997 Notional . Average Estimated Im thousands. exccot avera¢e contract rate Amount Contract Rate Fair Value(1) Foreign currency forward exchange contracts: Malaysian Ringgit $ 230,000 2.56 S (57;601) Singapore Dollar 234,000 1.4) (19,122) Thai Baht 321.000 26.68 ($6150) S 785,000 $(162,883) (2) Purchased currency options: • Malaysian Ringgit $ 68,000 2.53 $ 41 Singapore Dollar _123.000 1.39 74 $ 238,000 $ 115 (1)Equivalent to the unrealized net gain(loss)on existing contracts.. (2)562,819 of the total $162,883 unrealized loss on foreign currency forward exchange contracts was recorded as a loss in the first quarter of fiscal 1998. Liquidity and Capital Resources: At October 3, 1997, the Company's cash, cash equivalents and short-term investments totaled •51.711 billion, a decrease of$572 million from the June 27, 1997 balance. This decrease was primarily a result of the payment of$230 million in connection with the acquisition of Quinta Corporation,the payment into an escrow account of$145 million in connection with the adverse judgement in the Amstrad PLC litigation and additions to property, equipment and leasehold improvements. Until required for other purposes, the Company's cash and cash equivalents are maintained in highly liquid investments with remaining maturities of 90 days or less at the time of purchase, while itsshort-term investments consist of readily marketable debt securities-with remaining maturities of more than 90 days at the time of purchase. As of October 3, 1997, the Company had committed lines of credit of$76 million which can be used for standby letters of credit and bankers' guarantees. At October 3, 1997, approximately $73 million had been utilized. The Company expects investments in property and equipment in the current fiscal year to approximate$900 million,of which approximately$216 million had been incurred as of October 3, 1997. The Company plans to finance these investments from existing cash'balances and cash flows from operations. The$216 million comprised$85 million for manufacturing facilities and equipment for the thin-film head operations in the United States, Malaysia,Northern Ireland and the Philippines;SO million for manufacturing facilities and equipment related to the Company's subassembly and disc drive final assembly and test facilities in the United States, Far East and Ireland; $61 million for expansion of the Company's thin-film media operations in California, Singapore and Northern Ireland; and$7 million for other purposes. - During the quarter ended October 3, 1997 the Company acquired approximately 1 million shares of its common stock for approximately $34 million. The repurchase of a portion of these shares completed a stock repurchase program announced in September 1996 in which up to 14 million shares of the Company's common stock were authorized to be acquired in the open market The repurchase of the remainder of these shares was primarily in connection with a new stock repurchase program announced in June 1997 in which up to $600 million worth of the Company's common stock were authorized to be acquired in the open market. 13 FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:31/ST. 1S: ;NO. 35E2170721 P 15 , Factors Affecting Future Operating Results: The data storage industry try in which the Company competes is subject to a Dumber of risks, each of which has affected the Company's operating results in the past and could impact the Company's future operating results. The demand for disc drive and tape drive products depends principally on demand for computer systems and storage upgrades to computer systems, which has historically been volatile. Changes in demand for computer systems often have an exaggerated effect on the demand for disc drive and rape drive products in any given period. and unexpected slowdown in demand for computer systems generally cause sharp declines in demand for such products. In addition, the Company's future success will require, in part, that the market for computer systems, storage upgrades to computer pu systems and multimedia applications, such as digital video and video-on-demand, and hence the market for disc drives, remain strong. The data storage industry has been characterized by periodic situations in which the supply of drives exceeds demand, resulting in higher than anticipated inventory p levstr and intense price competition. Even during periods of consistent demand, this industry is by intense competition and ongoing price erosion over the life of a given drive product. The Company expects that competitors will offer new and existing products at prices necessary to gain or retain market share and customers. The Company expects that in the data storage industry will continue for the foreseeable future. price erosion • This competition and continuing price erosion could adversely affect the Company's results of operations in any given quarter and such adverse effect often cannot be anticipated until late in any given quarter. In addition, the demand of drive customers for new generations of products has led to short product life cycles that require the Company to constantly develop and introduce new drive products on a cost-effective and timely basis. The demand of drive customers for products with ever increasing storage 'capacity and more advanced technology has resulted in increased dependence by the Company on sales of high capacity disc drives. The increased difficulty and complexity associated with production of higher capacity disc drives increases the likelihood of-retiablxty, quality or operability problems that could result in reduced bookings, increased manufacturing rework and scrap costs, increased service and warranty costs and a decline in the Company's competitive,position. In addition, the Company's operating results have been and maay in the future be subject to significant quarterly fluctuations as a result of a number of other factors, including the timing of orders from and shipment of products to major customers, product mix, pricing, delays in the development, introduction and production of new products, delays or interruptions in the production of existing products, competing technologies, ...variations in product cost, component availability due to single or limited sources of supply, high fixed costs resulting from the Company's vertical integration strategy, the Company's ability to attract and retain key technical employees, foreign currency,exchange fluctuations (see "Foreign Currency Risk"), increased competition and general economic and industry fluctuations. For example, revenue decreased to $1,895,507,000 in the first quarter of 1998 from $1,977,218,000 in the fourth quarter of 1997 as a result of intense pricing pressure and weakness in customer demand for the Company's higher performance products, the latter resulting in a loss of market share by the Company in this market segment. The decreased sales, together with increased price erosion, adversely impacted the Company's gross margins and results of operations for the first quarter of 1998. The Company's future operating results may also be adversely affected by an adverse judgment or settlement in the legal proceedings in which the Company is currently involved. See Part Il, Item 1, Legal Proceedings of this Form 10-Q_ The Company has experienced and expects to continue to experience intense competition m a number of domestic and foreign companies. These companies include the other l ading independent disc drive manufacturers as well as large integrated multinational computer manufacturers such as Fujitsu Limited, International Business Machines Corporation, NEC to FROM STSV CORP FACILITIES NON) 02. 02' 98 18:32/ST. 18:24/Na 3562170721 P 16 Corporation and Toshiba Corporation. Such competition could materially adversely affect the Company's business, operating results and financial condition. There can be no assurance that the Company will be able to compete successfully against current or future competitor's or that competitive pressures faced by the Company will not materially adversely affect its business, operating results and financial condition. The cost, quality and availability of certain components, including heads, media, application specific integrated circuits,motors, printed circuit boards and custom semiconductors are critical to the successful production of disc drives. The Company's strategy of vertical integration has allowed it to internally manufacture many of the critical components used in its products. The Company also relies on independent suppliers for certain components used in its products. The Company has in the past experienced production delays when unable to obtain sufficient quantities of certain components. Any prolonged interruption or reduction in the supply of any key components could have a materialadverse effect on the Company's business, operating results and financial condition. The Company has pursued a strategy of vertical integration of its manufacturing process in order to reduce costs,control quality and assure availability and quality of certain components. A strategy of vertical integration entails a high level of fixed costs and requires a high volume of production and sales to be successful. During periods of decreased production, these high fixed costs have had, and could in the future have, a material adverse effect on the Company's operating results and financial condition. The Company has significant offshore operations. Offshore operations are subject to certain inherent risks, including delays in transportation, changes in governmental policies, tariffs and import/export regulations, political unrest, fluctuations in currency exchange rates and geographic limitations on management controls and reporting. There can be no assurance that the inherent risks of offshore operations will not adversely affect the Company's business, operating results and financial condition_in-the Lure. • The Company has incorporated its software acquisitions into a single entity called Seagate Software,Inc. ("SSI')and is offering employees of SSI and selected employees of the Company an opportunity to acquire art equity interest in SSI. The Company intends to continue its expansion into software and other complementary data technology businesses through internal growth as well as acquisitions. Acquisitions involve numerous risks, including difficulties in the assimilation of the operations and products of the acquired businesses and the potential loss of key employees or customers of the acquired businesses. The Company expects that it will continue,to incur charges as it acquires businesses, including charges for the write-off of process research and development_ The timing of such write-offs has in the past and may in the future lead to fluctuations in the Company's operating results on a quarterly and annual basis. For example, the Company incurred a charge to operations in the first quarter of fiscal 1998 of approximately 5216 million for the write-off of in-process research and development,-$214 million of which was in connection with the acquisition of Quinta Corporation. • The Company's operations are dependent on its ability to protect its computer equipment and the information stored in its databases against damage by fire, natural disaster, power loss, telecommunications failures, unauthorized intrusion and other catastrophic events. The • Company believes it has taken prudent measures to reduce the risk of interruption in its operations. However, there can be no assurance that these measures are sufficient. Any damage or failure that causes interruptions in the Company's operations could have a material adverse effect on its business,results of operations and financial condition. The Company is currently in the process of transitioning to new computer software for its 15 FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:33/ST, 18:24/NO. 3562170721 P 17 financial, accounting, inventory control, order processing and other management information systems. The successful implementation of these new systems is crucial to the efficient operation of the Company's business. There can be no assurance chat,the Company will implement its new systems in an efficient and timely manner or that the new systems will be adequate to support the Company's operations. Problems with installation or initial operation of the new systems could cause substantial management difficulties in operations planning, financial reporting and management and thus could have a material adverse effect on the Company's business, financial condition and results of operations. The Company's stock price, like that of other technology companies, is subject to significant volatility. The announcement of new products, services or technological innovations by the Company or its competitors,quarterly variations in the Company's results of operations, changes in revenue or earnings estimatesby the investment community and speculation in the press or investment community are among the factors affecting the Company's stock price. In addition, the stock price may be affected by general market conditions and domestic and international macroeconomic factors unrelated to the Company's performance. Because of the foregoing reasons, recent trends should not be considered reliable indicators of future stock prices or financial results. 16 FROM STSV CORP FACILITIES (MON) 02. 02' 98. 18:34%ST. 18:24/NO. 3562170721 P 18 PART II OTHER INFORMATION • Item 1. Legal Proceedlnzs The following discussion contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements relate to the Company's legal proceedings described below. Litigation is inherently uncertain and may result in adverse rulings or decisions. Additionally, the Company may enter into settlements or be subject to judgments which may, individually or in the aggregate, have a material adverse effect on the Company's results of operations. Accordingly, actual results could differ materially from those projected in the forward-looking statements. Buslneaa Litigation Amstrad PLC ("Amstrad") initiated a lawsuit against the Company in London, England, on December 11, 1992, concerning the Company's sale of allegedly defective disc drives to Amstrad. The Company replied to the allegations made against it by Amstrad by denying all, material points of Amstrad's claim and asserted affirmative defenses. Trial began April 16, 1996 and concluded on July 31, 1996. The Court issued a final judgment on July 9, 1997 and awarded Amstrad approximately S144,000,000 in damages plus costs,including Amstrad's legal fees, the amount of which will be determined by the Court at a later date. The Company,and Amstrad have appealed the judge's decision. In June 1997, the Company accrued the damages of $144,000,000 plus estimated additional costs of$9,000,000 for a total amount of$153,000,000 in Accrued Expenses, Approximately $145,000,000 was paid in July 1997 and is currently held in escrow pending the Court's final decision. Prior to initiating its case against the Company in London, England, Amstrad had previously filed an action against the Company in the Superior Court of Santa Cruz County, California, in September 1991. That Santa Cruz County Superior Court action was dismissed with prejudice and judgment of dismissal was entered on July 24, 1997. Amstrad filed an objection to this judgment and filed a motion seeking to set aside the judgment in order to pursue a claim for additional damages against the Company. That motion was heard by the Superior Court on September 19, 1997 and the Court denied Amstrad's motion_ On November 6, 1997,the Company and Amstrad settled all of the outstanding disputes. As a result of the settlement all appeals will be withdrawn and litigation ended.' The settlement will result in approximately a $22,000,000 reduction against the $153,000,000 charge recorded in June 1997. This reduction in the settlement cost will be reflected in the Company's results for the quarter ending January 2, 1998. Secm:lties Litigation In 1991, a series of lawsuits was filed in Federal Court for the Northern District of California against the Company, alleging violations of the federal securities laws on behalf of a class of purchasers of the Company's securities. The parties agreed to settle this series of lawsuits and the settlement was approved by the U.S. District Court on June 24, 1997. One member of the plaintiff class appealed from the order approving the settlement. This appeal is currently 17 FROM STSV CORP FACILITIES ;MON) 02. 02' 08 15:34/ST. 18:24/10. 3562170721 P 19- pending in the United States Court of Appeals for the Ninth Circuit. Because of this appeal. the settlement is not yet final. The Company believes that die final settlement of this series of lawsuits will not have a material adverse effect on the Company's financial condition or results of operations. In 1993, a series of lawsuits was filed in Federal Court for the Northern District of California against Conner Peripherals, Inc. As a result of the merger with Conner, the Company assumed the defense of this litigation. These class action lawsuits alleged violations of the federal securities laws and sought damages on behalf of a class of purchasers of Corner's securities. The parties agreed to settle this series of lawsuits and the settlement received approval from the District Court during the last fiscal quarter of 1997. One member of the plaintiff class appealed from the order approving the settlement, but has voluntarily dropped the appeal. Accordingly, the settlement is now final. The final settlement of this series of lawsuits did not have a material adverse effect on the Company's financial condition or results of operations. pateatiltiz tion In November 1992, Rodime, PLC C'Rodime") filed a complaint in Federal Court for the Central District of California, alleging infringement of U.S. Patent No. B1 4,638,383 and various state law unfair competition claims. It was the opinion of the Company's patent counsel that. the Company's products do not infringe any valid claims of the Rodime patent in suit arid thus the Company refused R,odiriae's offer of a license for its patents. Other companies, however; such as IBM, Hewlett-Packard and a number of Japanese companies have reportedly made payments to and taken licenses from Rodime. On October 24, 1997 the Court entered a Final Judgment against Rodime and in favor of Seagate. Rodime has appealed from the final judgment. The Company intends'to vigorously defend itself in any appeals which may be brought by R.odune. _ On October 5, 1994, a patent infringement action was filed against the Company by an individual, James M. White, in the U.S. District Court for the Northern District of California for alleged infringement of U.S. Patent Nos. 4,673,996 and 4,870,519. Both patents relate to air bearing sliders. Prior to the filing of the lawsuit,the Company filed a Petition for Reexamination of U.S. Patent No. 4,673,996 with the United States Patent and Trademark Office ("PTO")and this Petition was granted shortly after the lawsuit was filed. Subsequently, the Company filed a Petition for Reexamination of U.S. Patent No. 4,870,519. This second petition was also granted by the PTO. The District Court stayed the action pending the outcome of the Reexaminations. Both patents have completed reexamination and the stay of the action has been lifted. Mr.- White's Iawyers filed a motion seeking a preliminary injunction to stop the sale of certain of the Company's products. The Court denied the motion on July 1, 1997. It is the opinion of the Company's patent counsel that the Company's products do not infringe any valid or enforceable claims of the patents involved in. the suit. The Company intends to vigorously defend itself against any and all charges of infringement of these patents. On December 16, 1996, a patent infringement action was filed against the Company by an individual, Virgle Iedgcoth, in the U.S. District Court for the Northern District of California, - San Jose Division, for alleged infringement of U.S. Patent Nos. 4,735,840; 5,082,747; and 5,316,864. These patents relate to sputtered magnetic thin-film recording discs for computers and their manufacture. The Company answered the complaint denying infringement, alleging that the patents are invalid and unenforceable, and counterclaiming for declaratory judgment that a fourth Hedgcoth patent, No. 4,894,133, is invalid, unenforceable and not infringed. Additionally, on July 1, 1997, Mr. Hedgcoth filed a patent infringement action against the Company in the same Court for alleged infringement of a fifth patent, U.S. Patent No. 5,262,970, is • FROM STSV .CORP FACILITIES (MON) 02. 02' 98 18:35/ST. 18:24/NO. 3562170721 P 20 issued May 6, 1997. It is the opinion of the Company's,patent counsel that the Company's products do not infringe any valid or enforceable claims of-the patents in the two actions. and that the claims of the patents in the two actions are invalid or u=nenforceable. The Company intends to vigorously defend itself against any and all charges of infringement of Mr. Hedgcoth's patents. Papst Licensing, GmbH, has given the Company notice that it believes certain former Conner Peripherals. Inc. disc drives infringe several of its patents covering the use of spindle motors in disc drives. It is the opinion of the Company's patent counsel that the former Conner disc drives do not infringe any claims of the patents and that the asserted claims of the patents are invalid. The Company also believes that subsequent to the merger with Conner Peripherals, the Company's earlier paid-up license under Papst's patents extinguishes any ongoing liability. The Company also believes it enjoys the benefit of a license under Papst's patents since Papst . Licensing had granted a license to motor vendors of Conner Peripherals. In the normal course of business, the Company receives and makes inquiry with regard to other possible intelrecttual property matters including alleged patent hdringement. Where deemed advisable, the Company may seek or extend licenses or negotiate settlements. The Company is involved in a number of other judicial and administrative proceedings incidental to its business. Although occasional adverse decisions (or settlements) may occur, the Company believes that the final disposition of such matters will not have a material adverse effect on the Company's financial position or results of operations. Item 4. inission of Matters t9 a Vote of Security Holders The Company's 1997 Annual Meeting of Stockholders was held on October 30, 1997. The following is a brief description of each matter voted upon at the meeting and a statement of the number of votes cast for, against or withheld and the number of abstentions and broker non-votes with respect to each matter. (a) The stockholders elected the following directors to serve for the ensuing year and until their successors are elected: !OR WITHHELD • Alan F. Shugart 219,392,293 773,621 Gary B.Filler 213,940,257 995,278 Kenneth E.Haughton 213,977,749 957,786 Robert A, Kleist 213,975,478 960,057 Lawrence Perlman 213,860,620 1,074,915 Thomas P. Stafford 213,835,162 1,100,373 Laurel L. Wilkening 214,048,474 887,061 (b) The stockholders approved an amendment to the 1991 Incentive Stock Option Plan tai increase the number of shares of Commdn Stock reserved for issuance thereunder by 15,000,000. FOR AGAINST ABSTAIN BROKER NON-VOTES I14,935,582 47,768,120 3,632,048 49,346,982 19 { • FROM V CORP FACILITIES ( ON) 02. 02' 98 18:36/ST. 18:24/NO. 3562170721 STS . f.- (c) The stockholders ratified the appointment of Emsr&Young LLP as independent audito;Th.: of the Company for the fiscal year ending July 3, 1998. . ,• , EVE &g• 16_2___iST ABSTAIN , . ... 215,028,084 262,478 392,170 r , - ... Item 6. Exhibits and Reports 9n Form 8-it • ,. (a) Exhibits ,-. . ,- ,•-.„ The following exhibits are included herein: .4 . ,. 11.1 Computation of Net Income(Loss)per Share -4-, 27 Financial Data Schedule ,- (b) Reports on Form 8-K No report; on Form 8-K have been filed with the Securities and Exchange Commission during th -., : three months ended October 3, 1997. • : • , • a. , . , .. • ' ' . . , -.:,..1., • 1 N:; T X tt e e . ....- It. FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:36/ST. 18:24iNO. 3562170721 P SIGNATURES 4 e Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. S AQATE TECHNOLOGY_ rrC. (Registrant) • DATE: November 12, 1997 BY: /s/ Donald L. Waite DONALD L. WAITE Executive Vice,President, Chief Administrative Officer and Chief Financial Officer (Principal Financial and Accounting Officer) DATE: November 12, 1997 BY: /s/ Alan F. Shugart ALAN F. SHUGART. Chairman of the Board and • Chief Executive Officer (Principal Executive Officer • tz&- and Director) •yInr • 1 : FROM STSV CORP FACILITIES (MON) 02. 02' 98 1.8:36/ST. 18:24/NO. 3562170721 P EXHIBIT II, i SEAGATE TECHNOLOGY, INC. COMPUTATION OF NET INCOME (LOSS) PER SHARE (In thousands except per share data) , S?uarter Ended . October 3, September 27, 1.931 1rY a a. PRIMARY ' Weighted average number of common shares outstanding during the period 244,633 213,728 r Incremental common shares attributable to exercise of outstanding options (assuming proceeds would be used to purchase treasury stock) - 5,668 Total shares 244.633 219..396 Net income(loss): ,- Arnouut $ (240,217) S 129,361 _ Per share $ (0.98) S 0.59 FULLY DILUTED . Weighted average number of common shares outstanding during the period • 244,633 213,728 Incremental common shares attributable to exercise of outstanding options (assuming proceeds would be used to purchase treasury stock)and conversion of convertible subordinated debentures - _ 44,938 _ Total shares 244.633 258`666s Net income(loss): Amount 5 (240,217) $ l29,361 ' Add 5%convertible subordinated debentures interest,net of income , tax effect 2,057 Add 6-11/2%convertible subordinated = debentures interest,net of income talc • effect 3,054 is Add 6-3/4%convertible subordinated debentures interest,net of income tax -. effect - 2,145 Total $ (240,21.7) S L36,§17 ��*- Per share $ (0.98) 5 0.53 : 43 Fps. �sY_, 22 — FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:25/ST. 18:24/NO. 3562170 721 P 2 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarter Ended October 3, 1997 Commission File Number 0-10630 SEAGATE TECHNOLOGY,INC. (Exact name of registrant as specified in its charter) Delaware 94.2612933 ., (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization) 920 Disc Drive,Scotts Valley,California 95066 (Address of principal executive offices)(Zip Code) Telephone: (408)438-6550 (Registrant's telephone number, including area code) Indicate by check Quark whether the registrant(1)has filed all reports 13 or 15(d) of the Securities Exchange Act of 1934 duties thepreceding required to be filed by Section g shorter 12 months (or for such period that the registrant was required to file such reports), and (2) has been subject to such Wing requirements for the past 90 days. Yes X No On October 3, 1997, 244,575,518 shares of the registrant's common stock were issued and outstanding. FROM STSV CORP FACILITIES (MON) 02. 02' 98 18:25/ST. 18:24/NO. 3562170721 P 3 - INDEX SEAGATE TECHNOLOGY, INC. P• ' I FI ' - CI-_ O •. - TIS Item 1. Financial Statements (Unaudited) Consolidated condensed statements of income-- Quarter ended October 3, 1997 and September 27, 1996 3 Consolidated condensed balance sheets-- October 3, 1997 and June 27, 1997 4 Consolidated condensed statements of cash flows— Quarter ended October 3, 1997 and September 27, 1996 5 Notes to consolidated condensed financial statement; 6 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 10 ART�I OTHER1ORMATION Item 1. Legal Proceedings 17 Item 4. Submission of Matters to a Vote of Security Holders 19 Item 6. Exhibits and Reports on Form 8-K 20 SIGNATURES 21 2 ti-DA st._ , Cc ( at. \ \ . kkk\k: . '5 \ ;i ti., Le / 1 O0 1 . o \\:‘,..„1\ it 1 ,r • r) \\��\ ,I 3 O -4,1.- \\\\. 0 � a • I ! C ... U a1Y, - Cz7 as n �'emrn IoZ i N .o-rvuusmM Nc. Vn1( sNnoa Awnuxq • lc) 4/N . . .. 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A :::,.... :4,...,..:.,....:.47. ..i.....!..,:.4„.,..7., =i,.'...-:.ik1:7(2.::: � . - .. .. n� 3 N• '=- . o. V y m � z I .`tc •, ("zo rya 4)64.1' .%•.\° • to• N ' 3 . Yi3M OtOrr is • • '1. '=4Y • CO ed h t,, M ..80.60.10 N' .1.91V-1'' >S 1 Sl •,N 01'09'01" W b .. Y £ io-u o ,.;,. • : 8Z'B6> 1,8TOL x/.'601 . 3 ..10.60.1,05 • + ' o o � h P P r N W No • IA J/ O 11 Z a '•PZ•4gk1! ' '/ O 6 ' 1s'<<£s�o + ,\''' ./ sg • n., 9, .- `,. . i1 .• 1 rN v A, , CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Seagate Cost-Benefit Summary DATE: January 30, 1998 The Seagate cost-benefit summary requested by President Link will be available for your review either Monday or Tuesday. mastrmmo.doc 0)Asct SEAGATE TECHN i LOGY PROJECT COSTS ANI BENEFITS C /C 15 Costs • Revenues that will not be realized: Storm sewer trunk fees $296,000(storm drainage fund) Engineering/grading fees 200,000(general fund) • Other Project Costs: Canterbury access road rebuild 500.000 TOTAL $996,000 Benefits Below is a summary of benefits to Shakopee of e Seagate Technology project. • Property taxes attributable to the Seagate proj-ct: a$30,000,000 increase in EMV for the subject property • Through the use of$4,247,640 in TIF,the Ci , ,after nine years (the term of the TIF district), turns a marginal property(difficult to develop) into a very viable one in terms of property tax revenue. • Utility revenues • Activities directly attributable to facility deve opment: Land Purchase (fully improved) $ 4,247,600 Building Construction 30,335,000 Machinery&Equipment 42,520,000 TO • $77,102,600 • The Seagate project will bring a significant n ber of new jobs to Shakopee. The company will be establishing approximately 1,200 new liveable wage jobs (with benefits) in Shakopee upon completion of Phase II, and anticipates at approximately 80 positions will turn over through attrition during their first twenty-for onths in Shakopee. In this same period,the company estimates the creation of an additio al 40 jobs (above the 1,200). Following is a breakdown of the number of jobs per pay rane: SGTCSTBN.DOC/PCS 1 Page 2. Pay Range ._ •- • • Less than$14,999 0 $15,000 - $24,999 135 $25,000 - $29,999 205 $30,000 - $44,999 285 $45,000- $59,999 218 More than$60,000 423 TOTAL 1,266 The average annual pay for the above positio s is estimated at$53,000,compared with Shakopee's median household income of$3:,800 and per capita income of$15,150 (from the 1990 Census). • Seagate will also increase the diversity of joi, opportunities for Shakopee residents. With the exception of ADC Telecommunications, ',hakopee lacks employers that offer a large number of technology-oriented jobs(enginee s,technicians,production personnel, professional,managerial, and support perso el). Seagate will provide these jobs. • The Seagate project will add significant new •ayroll in Shakopee. Upon completion of Phase II, it is estimated that the Shakopee facility's ayroll will be$67,000,000. This figure does not include benefits. This will increase as the ompany adds positions in the future. • Based on Shakopee's current population, it is -stimated that Seagate Technology's Shakopee facility will have an employment multiplier p f 2.0.That is,very 100 manufacturing related jobs created by Seagate, will create over time, 100 non-manufacturing jobs(services,retail, etc.)throughout the local economy. • An increase in the development of new servic• and retail businesses attributable to the influx of 1,200+new Seagate employees; atte dant spending in Shakopee from resident and non-resident employees • Seagate employees moving to Shakopee and e attendant spending (i.e. houses, etc.) • Purchases by Seagate Technology within Sh. epee (materials, supplies,etc) • Seagate estimates that between 25 and 50 emp oyees will be visiting its Shakopee facility at any given time. This is significant because 25-.0 new guests would be lodging at Shakopee's hotels and purchasing other goods and service each day. Based on a"holiday-shortened" 335 day year, this equates to 8,375-16,750 lod k ing days per year. SGTCSTBN.DOC/PCS 2 OFFICIAL PROCEEDIN e S OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOP E, MINNESOTA JANUARY 20, 1998 Mayor Brekke called the meeting to order at :00 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: M.rk McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Lon.y, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Paul Snook, Econo E is Development Coordinator; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; Tom Steinin_er, Chief of Police; and Terry Link, Fire Chief. A moment of silence was held for Holt Bennington and his family. The Pledge of Allegiance was recited. The following items were removed from the age da: 15.E.5. Excess Fire Station Property Update, 15.E.6. Accountant Job Description and 15.E 8 Seagate Project - Funding Future Needs for Semaphore and Traffic Signals. Mayor Brekke a ounced that there will be a neighborhood meeting on Thursday, January 29, 1998, at 7 p.m. on th; proposal for rental townhomes on the excess fire station property. The following additions were made to the age da: 15.B.6. Surplus "V" Plows and 15.E.9. Comments on Proposed Extension of County Road ►7. DuBois/Link moved to approve the agenda as modi ied. Motion carried unanimously. The following addition was made to the Consent A:enda: 15.B.6. Added Surplus "V" Plows. The following item was removed from the Conse t Agenda: 15.B.2. CSAH 69/SCAH 101 Signal Agreement for Participation in the Operation of Tray fic Control Signals and Integral Street Lights. 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 cit zens present in the audience who wished to address the City Council on any item not on the agenda. T ere was no response. A recess was taken at 7:27 p.m. for the purpose o conducting an Economical Development Authority meeting. The meeting re-convened at 8:07 p.m. Sweeney/Link moved to approve the minutes for I ecember 2, 11, 16, and 23, 1997. Motion carried with Cncls. Amundson and Brekke abstaining. Sweeney/DuBois moved to approve the January 6, 1998, minutes. Motion carried unanimously. Sweeney/Amundson moved to approve the Janua 13, 1998, minutes. Motion carried with Cncl. DuBois abstaining. Official Proceedings of the January 20, 1998 Shakopee City Council Page -2- Sweeney/Amundson moved to approve the bills in the amount of $1,186,760.46. (Motion carried under the Consent Agenda.) Item 14.D. Police Chief Candidates, was taken out of the regular order on the agenda. Harry Brull, Personnel Decisions, Inc. (PDI), app coached the podium and explained the testing process for the Police Chief position. He said the testing 'rocess involved the review of resumes and applicant evaluation which resulted in the selection of e three candidates who demonstrated the highest qualifications on an oral examination held January , 1998. A date in which to interview the three final candidates by the City Council needs to be set. U ess the Council wishes to have only two members conduct the interview, this will need to be done in n open meeting. A discussion ensued relating to the value of the r•sults from the interview process. Mr. Brull stated that he was very comfortable recommending at le:St three of the four professional and well qualified applicants. Marcia Spagnolo, President, Shakopee Police Civi Service Commission, approached the podium. She stated that the three applicants would serve with th highest degree of professional ability and integrity. She said that the number of hours and the chronol.gy of events resulted in a professional approach to candidate selection which was open, fair and as un.iased as possible. She stated she was satisfied with the process and thanked Chief Steininger, Mark McNeill and PDI for their cooperation and assistance. A discussion ensued relating to the Council's involvement in the candidate interview process for the three finalists. Cncl. Sweeney suggested that a 1-P member structure would allow more free-ranging questions than would be necessary with the entire ' ouncil. It was also suggested that not televising the interviews would promote a more relaxed atmospere which would result in a better interview. Jim Thomson explained that the Civil Service Commiss on's role was to select the finalists. He said that by choosing two members of the Council to dete ine a final candidate, it is possible to have a disagreement. He said there is no requirement to in erview but to make an appointment at this time. Sweeney/Amundson moved that a two member nterview committee be selected consisting of the Mayor and one other Councilmember, appointed s y the Mayor, to return with a recommendation for the final candidate to fill the Police Chief position. Motion carried with Cncl. DuBois opposed. A discussion ensued as to PDI's involvement i creating questions for the interviews. It was determined that PDI would create the questions. H. ever, Councilmembers may also submit questions. Cncl. DuBois was appointed as the Councilmember to join the Mayor in the interviews. A recess was taken at 8:43 P.M. The meeting re-convened at 8:51 P.M. Item 15.C.1. Award Bid for Fire Pumping Engines was taken out of the regular order on the agenda. Terry Link, Fire Chief, approached the podium a • explained that the NFPA standards specify that a second attack line be charged and manned before the interior attack can begin. This requires that a second pumper arrive quickly behind the first to provide water supply, manpower and attack lines. He said that in order to bring all of the current fleet to •n operational level and to be prepared for two Official Proceedings of the January 20, 1998 Shakopee City Council Page -3- station responses, it is necessary to replace Unit "520 and add an initial attack pumper, moving Unit 9521 to a brush response, second call/backup, trai •ng unit. In researching current needs and how best to fill them, he said the most pressing apparatu• need is for usable pumping engines and that two matched pumpers would best fulfill the needs. H said that Shakopee would be saving approximately $10,000 by purchasing two apparatus at the same time as fire apparatus have an annual price increase of 6 to 10%. He recommended purchasing the o pumpers from Pierce Manufacturing, one fully equipped and that the equipment will be taken off .f the trade-in for the second pumper. DuBois/Link offered Resolution No. 4831, A Re.olution Accepting Bids and Awarding Contract for the Purchase of Two Pumping Engines, and move, its adoption. Motion carried unanimously. The regular order of the agenda was resumed wi item 14.A. Rezoning of Property Located North of Valley View Road and East of Marschall Road frog Agriculture (AG) to Urban Residential (R1-B). Michael Leek explained that the request to rezone : parcel from AG to Urban (R1-B) was reviewed and the Planning Commission recommended approval to rezone property north of Valley View Road and east of Marschall Road based on the Comprehensi e Plan. A discussion ensued regarding the portion that ould be accessible from Valley View Road. The ingress and egress will be looked at when the props rty is platted. DuBois/Amundson offered Ordinance No. 510, F.urth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted ' City Code Sec. 11.03 by Rezoning Land Located North of Valley View Road and East of Coun Road 17 From Agricultural Preservation (AG) to Urban Residential (R1-B) Zone, and moved its ado.tion. Motion carried unanimously. Michael Leek reported that the current moratoriu on the siting of sexually oriented businesses within the City will remain in effect until February 6, 1998. The draft ordinance prepared by the City Attorney limits this business to the I-2 zone. Both the adult establishment Ordinance, No. 511, and the amendment to the zoning regulations, Ordinance o. 514, were reviewed by the Planning Commission and they recommend approval. Sweeney/DuBois offered Ordinance No. 514, Fo rth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Sec. 1 .46, Heavy Industry Zone (I-2), Subd. 2 (Permitted Uses) by Adding "N. Adult Establishments", and oved its adoption. Motion carried unanimously. DuBois/Sweeney offered Ordinance No. 511, Fou. Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 10, • .lic Protection, Crimes and Offenses, By Adding New Sections 10.77 and 10.78 Relating to Adult :stablishments and Premises Conducive to High-Risk Sexual Conduct, and moved its adoption. Motion arried unanimously. Michael Leek explained that Planning Commission and staff concerns from reviewing Planned Unit Developments have resulted in the preparation of a text amendment for PUD's which addresses open space and restricts it to 15%, a clear definitio of open space, sets thresholds for Planned Unit Developments, sets limits on variations relating t. street width and set backs, and sets forth a formal concept review process. Official Proceedings of the January 20, 1998 Shakopee City Council Page -4- A discussion ensued regarding advantages and d sadvantages if the Ordinance is adopted. Michael Leek explained that narrow streets or lot size varit tions would be the focus. He said the incentive in the current ordinance is a 25% density increase to use Planned Unit Developments. However, he said that the Planning Commission recommended approval of the text amendment with the removal of the density increase incentive. A discussion ensued relative to the elimination •f the density bonus and adding variations where consideration for increased density would be allo ed. Mr. Leek explained that the elimination of the density increase would result in fewer PUD requ.sts. In response to a question as to whether or not retaining the density bonus would incorporate `but-for standards," Jim Thomson, City Attorney, explained that guidelines for soil conditions and a y other necessary guidelines could be added to the Ordinance. Sweeney/Link moved to refer the Planned Unit a evelopment Ordinance back to staff to clarify that mixed use is an acceptable variation. Motion carri d unanimously. DuBois/Amundson moved to deny Ms. Lori Storb-rg's request, to allow for the keeping of a monkey in her home, finding monkeys to be prohibited by t e City Code. Motion carried unanimously. Michael Leek explained that the City had receiv:d a request to re-name Old County Road 18. He explained that it has been the City's policy to avoid creating similar street names and provided a list of suggested names. DuBois/Sweeney moved to re-name Old Coun% Road 18 "Stagecoach Road." Motion carried unanimously. Michael Leek explained that the Council has be-n faced with a number of issues relating to the provision of transit in the City. He said that staff .nticipates the number of issues will increase as the City continues to grow and recommended the e-establishment of an Energy and Transportation Commission that would assist the Council in handl' g the work of managing the City's transit services. A discussion ensued relating to the number of co ittee members. A committee of seven members was recommended, consisting of Dial-A-Ride repre.entatives as well as other interested members of the community. The comittee would would meet mont ly. Amundson/Link moved to direct staff to proceed with the establishment of a transit commission. Motion carried unanimously. Bruce Loney reported that the transfer of four Cou ty roads in the City Limits of the City of Shakopee were discussed by City Council on August 6, 199:,: CSAH 16 from T.H. 300 to CSAH 17, C.R. 18 from new C.R. 18 to T.H. 101, C.R. 72 from •.R. 79 to CSAH 17, and C.R. 77 from Shakopee Bypass to 6th Avenue. He said the County include• three options regarding improvements per County policy. These options have been discussed by Ci Council who unanimously directed staff to accept the transfer of jurisdiction and the compensation from Scott County for certain roadway segments. In order to provide the turnbacks, Scott County has prpareda memo of understanding. Mileage is shown Official Proceedings of the January 20, 1998 Shakopee City Council Page -5- and compensation for qualified improvements on segments that qualify, and a two year maintenance compensation are included in the memo of understanding. Mr. Loney pointed out that C.R. 72 is one-half ' Spring Lake Township and one-half in the City of Shakopee and the turnback will not occur until bo the Township and the City agree on the turnback. He said Spring Lake Township is currently revie ing the proposed turnback; and there will need to be an agreement with them for maintenance of C.R. 2. A discussion ensued relating to the removal of C.' . 72 from the memo of understanding. Bruce Loney explained that the County can turnback roads to the City without an agreement but that townships require approval. Sweeney/DuBois moved to direct the appropri.to City officials to execute the Memorandum of Understanding on the County Highway turnbacks to the City of Shakopee with the exception of the County Road 72 turnback. Motion carried unanimously. Cncl. Sweeney stated that the CSAH 69 and CSA 101 Signal Agreement is a perpetual agreement and recommended that the terms be in effect unt 1 the County's Cooperative Agreement for cost participation with municipalities and townships has been discussed. Sweeney/DuBois moved to incorporate into the 'articipation Agreement with Scott County (for the operation of traffic control signals and integral str;et lights at seven intersections located on CSAH 69 and CSAH 101), language limiting the approval o the Participation Agreement until such time as the County's Cooperative Agreement is reviewed and d at the Participation Agreement will be reviewed by City Council at that time. Motion carried unanimo sly. Bruce Loney reported that the proposed project to orovide a street connection between old C.R. 18 and new C.R. 18 is not cost effective and premature a this time. The cost to construct a road to connect the two roads is estimated at approximately $1.0 illion and does not include right-of-way acquisition. He said it would be best to allow the area to deve op and incorporate the connections for an efficient transportation and circulation system in this area. e said a transportation plan is currently scheduled for review at the Planning Commission and suggest-d the Council may wish to look at additional access points between the intersection and interchange to lelieve traffic from the industrial area to residential neighborhoods. Sweeney/DuBois moved to accept the C.R. 18 stre:t connection feasibility report, and to agree with the finding that construction of a street connection for I .R.18 to C.R. 18 is not feasible or cost effective at this time. Motion carried unanimously. Bruce Loney explained that the purpose of the feasibility report for the 1998 Reconstruction Project is to evaluate the infrastructure to make reconunene.tions for further improvement. He addressed the main issues as the construction of diagonal parkin_ to provide additional space needed for the County Government Center and Central Elementary/Scho.1 District offices, sidewalk routes, installation of a new storm sewer line to eliminate street grade dies at Fuller and 5th Avenue, and a project cost of approximately $1,152,892.24 as compared to the 1.98 Capital Improvement Program cost. Official Proceedings of the January 20, 1998 Shakopee City Council Page -6- Sweeney/Link offered Resolution No. 4826, A Re.olution Receiving a Report and Calling a Hearing on an Improvement for the 1998 Reconstruction Project No. 1998-1, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to authorize the ap.ropriate City officials to execute the Joint Powers Agreement for 1998 Traffic Markings, Street Sw:eping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lake ille, Rosemount, Savage, Prior Lake and Shakopee. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to declare the 1989 .nd the 1976 "V" Plows surplus property. (Motion carried under the Consent Business.) Mark McQuillan reported on the need to purchase a new software program for tracking registrations and scheduling facilities and to upgrade four personal computers to operate the new system. Discussion followed. Amundson/Sweeney moved to authorize the P. ks and Recreation Department to use Class For Windows Software from LOGIS and to purchas- the necessary computer hardware to operate the system at a total application and equipment cost no to exceed $28,000. Motion carried unanimously. Sweeney/Amundson moved to authorize the redu•tion of the Letter of Credit for public improvements in Valley Park 12th Addition to $90,000. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the reduction of the Letter of Credit for public improvements in Orchard Park First Addition to $14,000. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Ordinance No. 513, An Ordinance of the City of Shakopee, Minnesota, Amending City Code, Chapter 5, Section 5.09, S bd. 2 Pertaining to Exemption from Providing Proof of Financial Responsibility for Certain Beer Licen.ees, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4829 A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for Prior Lake Lion s Club, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4831, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Schedule for the Officers and Non-Union Employees of the City of Shakopee. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to accept the quota tions from the Southwest West Central Service Cooperative for employee group life insurance co erage for 1998. (Motion carried under the Consent Agenda.) Official Proceedings of the January 20, 1998 Shakopee City Council Page -7- Mark McNeill asked for comments from the City Council regarding a draft letter that he had prepared to be sent to the Minnesota Department of Natur 1 Resources regarding the extension of Scott County Road 27 through the Savage Fen. Councilmembe s agreed that the letter be sent under the signature of the City Administrator. Mayor Brekke recessed the meeting at 11:10 ..m. for an executive session to discuss litigation involving appeals to the CR-16 special assess -nts and for an EDA executive session to discuss litigation involving the acquisition of a parcel in B ocks 3 and 4. Mayor Brekke re-convened the meeting at 11:2: p.m. No action was taken during the executive session. Sweeney/DuBois moved to adjourn to Saturday January 24, 1998, at 8:30 a.m. Motion carried unanimously. The meeting adjourned at 11:28 p. . tA06:1t.4. C./ • S. Cox Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDIN 1 S OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOP 1 E, MINNESOTA JANUARY 24, 1998 The special council workshop meeting was call-d to order at 8:35 a.m. by Mayor Jon Brekke. Councilmembers present: Mayor Jon Brekke, I ouncilors Jane DuBois and Deb Amundson. Staff present: City Administrator Mark McNei 1; City Attorney Jim Thomson; Public Works Director Bruce Loney; Public .rks Supervisor Mike Hullander; Police Chief Tom Steininger; Fire Chief Te Link; and Assistant Fire Chief Mary Athmann. The purpose of the meeting was to tour City fasilities. The group saw the Police Department, Public Works building, and the new Fire Statio l . Mayor Brekke left the meeting at 10:40 a.m. Councilors DuBois and Amundson,the City A orney, and City Administrator then toured the downtown fire station. The meeting adjourned at 11:00 a.m. C." (A,JAJjt 4 . ei• ith S. Cox, ty Clerk Minutes taken by Mark McNeill, City Adminis I ator 4i6- 11 CITY OF SHAKOPEE CONSENT TO: Mayor and Council Mark McNeill, City Admini-trator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: January 29, 1998 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 01/29/98 . Also attached is a regular .ouncil bill list for invoices processed to date for council ap.roval . Included in the check list but nder the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $3, 601.50 . Action Requested Move to approve the bills in the amount of $197, 191 . 78 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/97 CURRENT YEAR ANNUAL MONTH TO. PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 3,880 51,987 58 12 CITY ADMINISTRATOR 249,980 20,000 176,967 71 13 CITY CLERK 170,090 15,269 160,975 95 15 FINANCE 329,150 31,822 300,685 91 16 LEGAL COUNSEL 217,320 90,730 242,935 112 17 COMMUNITY DEVELOPMENT 451,290 58,353 411,408 91 18 GENERAL GOVERNMENT BUILDINGS 176,740 22,106 148,785 84 31 POLICE 1,744,470 182,586 1,709,610 98 32 FIRE 463,690 52,041 431,270 93 33 INSPECTION-BLDG-PLMBG-HTG 250,720 36,617 249,770 100 41 ENGINEERING 425,780 47,219 381,132 90 42 STREET MAINTENANCE 781,860 46,298 658,195 84 44 SHOP 127,390 19,941 123,915 97 46 PARK MAINTENANCE 356,460 45,755 315,059 88 91 UNALLOCATED 1,431,387 371,551 1,391,242 97 TOTAL GENERAL FUND 7,265,737 1,044,168 6,753,937 93 17 COMMUNITY DEVELOPMENT 496,770 94,127 445,331 90 TOTAL TRANSIT 496,770 94,127 ' 445,331 90 19 EDA 140,580 17,823 105,076 75 TOTAL EDA 140,580 17,823 105,076 75 H Is as • H H HH H H H H H H 000000 0 0 0 0 0 0 .- 2 z I:4 w OPO a D z 0 z • er Tr, w WW H MM in 'D Mm mm Mm d' .0 U) H M a' 0 VI d' utf L.ti d' V' d'd'C'd'd'd' CO .0 d' d' d' til 111 U1 HHHHHH d' T H H 01 H U) 111 U1 M M V' d' 111 in W e1+ UI UI U)UI U1 U) m 0 in N UI H 0 0 W l0 m W O O M M m m O O m m 0 0 0 0 0 0 H V' 0 0 01 0 N H d'U1 m M H 0 m m H H H H H H 0 0 UI H 0 UI E N m m m N m m N N t� N N N N N N H 1.01 H H d' H Z a H H H H H H H M H H M M M M M M N m N d' N N w N N N N N N N d' N N d'd'd'Cr d'W vl' T' er M d' d' OPO , I I , I I I I I 1 , I 1 , 1 , I , I I I I U.E N N N N N N N H N N HHHHHH H H M H H er U D H H H H Hi H H U1 H H N N r•M H H d' N H N d' N 4 Z 01 01 01 01 01 01 O1 C. 01 01 M H H M C M V M N H w V' O 0 00 0 0 0 0 0 0 000000 CA 0 0 0 0 0 E e4 E a w H 0 Ell En 0 Z N 0 W H H H X w H H a ,� Ea w w a H Z a ..1 Z H U cO U 4 c..) coIX o D HH X CO Cf) a CO CA 0wwwwww 0 \ Cl) H E Cl) C) 0 4 in 240 .0 x 24 24 24 24 24 24 z CD a 4> z a H a N 43 41 0 M w al 000000 H 24 'C H w 4 ' 0 Z 0 1O CD 0 aawaaw H t>~ A E H U 0 24 m CA N E d' w W w w W w g Z W H w 1-3 a H a� N .0 U1 0 d' aaaaaa w H E D E [ra o wH M U1 0 0 M M wwwwww a a 01 4 m 4 0 OX d' N U a N N EEE EEE 0 a Z a w X N a' al Ul a)cn UI Ul • U) W w w w w w w U d, 0 000000 HHHHHH >a>a I C!1 H H E W Ul C11 Ul U3 Ul 01 CD U 24H 4 VD V) a 0 ww E CODW W W W W W W > El 0 Cl) 0 Z x HH � 4 E .)I a,74�] a4 Z a W Cl) E E wwwwww W H a 0 El w P4 C4 w x 4 Cl) Cl) xxxxxx Cl x ca a > 0 41 14 IX E X W w HHHHHH a x ?'' a A4 U U1 u1 CO H 0 Cl) A 0 333333 U O ,E] E a U EEEEEE a� W a0 00 at, Z X Z b 'xws 'xxxua az a H a WZ • a caCD a W w p Cl)Cil 0 EEEEEE aCn s wa' a H 4 0 IX 0 a Cl) Cl) 4444/4 4 4 PI [a 0 0 0 4. * * * * * * * * * * * * * * * HH 00 d'.00 01 CA rte 00 00 U1 U1 mm H01010101.0M up l° H H NN 00 MM a'V' ZHH OO 0Nm l0%.0 U1 Ill OO OO NN HH d'010101 d'CM mm d'd' NN 0O MM NN 'F7 N C` m m Ul a'01 N N 01 01 C-r m m d'd' H H 01 O O O c'a' H 01 01 H H 01 01 O O O O 01 01 0 .0\0 d'T' t`t'a' N N O O TO d' N N H H M M N H H H d'H N H H N N 0\01 0 0 UI U1 d'd' d'd' NN in in U).0 .0.0 NN H H mm mm crr L}t!?circn-Nm U1 U1 H H U1U1 HH in-TA- OO tA•0> L}LY LTL} C/T 01. 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H w 0 U 0) Z a ca r.0 ON a 01 H H w w Cl) 0 E w u H an H w E Cl) x a w 0 W Z H V 141 H N 01 0 H 0 0 0 0 0 () 0 H H N C') M V d' 41 H V U1 V 0 H H V' d' d' V d' d' N N L. CO a H It It 3t 3t It 3t It It it It it It It 0 Z 0 0 0 0 0 0 0 0 0 00 0 0 D ZZZZZZ z z z z z ZZ 0 wwwwawww w aw w N, CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of A Drainage and Utility Easement between Lot 5 and Lot 6, Block 4, Timber Trails MEETING DATE: February 3, 1998 INTRODUCTION: The City Council received a request from Todd Maxwell and Dean Bohn to consider the vacation of the above-described easement. The 2 lots have previously been combined into one through the City's minor subdivision process. DISCUSSION: The Planning Commission reviewed the request at its meeting of January 8, 1998. The Commission recommended approval of the requested vacation. ALTERNATIVES: 1. Approve Resolution No. 4839, approving the requested vacation. 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission recommended Alternative 1, approval. ACTION REQUESTED: Offer and approve resolution no. 4839, approving the requested easement vacation. K Michael Leek Community Development Director vacmaxw/RML 1 RESOLUTION NO.4839 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE EASTERLY 10 FEET OF LOT 6,TIMBER TRAILS,AND THE WESTERLY 10 FEET OF LOT 5,TIMBER TRAILS,EXCEPT THE SOUTHERLY 10 FEET THEREOF, SCOTT COUNTY,MINNESOTA WHEREAS,a drainage and utility easement has been dedicated in Lots 5 and 6, Timber Trails; and WHEREAS,it has been made to appear to the Shakopee City Council that this easement serves no public use or interest as the result of Lots 5 and 6, Timber Trails having been combined into one lot; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of January 1998; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest; and vacmaxw/RML 2 2) That the following drainage and utility easement located in Lots 5 and 6, Timber Trails, City of Shakopee, County of Scott, State of Minnesota, serves no further public need, and is hereby vacated; The drainage and utility easement located on the easterly 10 feet of Lot 6,Timber Trails, and the westerly, 10 feet of Lot 5,Timber Trails,except the southerly 10 feet thereof 3) After the adoption of the Resolution,the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 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 vacmaxw/RML 3 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission • FROM: Julie Klima, Planner II SUBJECT: Vacation of Easements in Timber Trails MEETING DATE: January 8, 1998 Site Information: Applicant: Todd Maxwell and Dean Bohn Site Location: Northeast corner of Wood Duck Trail and Lake View Drive Current Zoning: Rural Residential/ Shoreland (RR/S) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential/Shoreland (RR/S) East: Rural Residential/Shoreland (RR/S) West: Rural Residential/Shoreland (RR/S) Comp.Plan: 1995: Future Urban Area MUSA: The site is not within the MUSA boundary INTRODUCTION: The City Council received a request from Todd Maxwell and Dean Bohn to consider the vacation of the drainage and utility easement located between the common lot line of Lots 5 and 6,Block 4, Timber Trails. These two lots have been combined into one lot through the minor subdivision process with the city. Therefore, the easement is no longer necessary. The City Council will hold a public hearing on February 3, 1998,to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map (Exhibit A)showing the location of the subject property. Exhibit B illustrates the portion of the easement proposed for vacation. Other agencies, city departments and utilities have been notified of the proposed vacation information, and no comments adverse to the proposed vacation have been received. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject easement. 2. Recommend to the City Council denial of the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1 ACTION REQUESTED: Offer and pass a motion recommending approval of the requested easement vacation. ulie Klima Planner II i:\commdev\boaa-pc\1998\pc0 108\vactt.doc • EXHIBIT A • ^ s .- - =.,-------� R-•'1, i RR • AG I• ,Z - RR .. . i. • - LAKE �., • •..RI#r . 0 AG OF AG :01;0 • . -.,,...,... . •. t y I. J. .A., c LEGEND Z 4 Y i Underlying Zones �� ( .. ( AG t Agriculture I j • .. 7-1 Rural Residential IR1A1 Low Density Residential Y. _ • • .--= R 8 Urban Residential RR • IR1C1 Old Shakopee Residential AG (r1 Medium Density Residential i 1 R3 l Multiple Family Residential • ma n 71 1 81 ( Highway Business Nib1 82 ( Office Business ,`4Q. ! ,-.49 . 1 83 ( Central Business Ck • E1 Light Industrial P�6. 1, 12 I Heavy Industrial (MR 1 Major Recreation �� Overlay Zones SQ HS-{Shareland t—F-{Floodplain District - ... ... P777AMining Overlay • r. .- •• • ;,._ Pulp Overlay - .---I— .T.T�'1�71 Y�T� M. Building Permit Survey for: HOMES BY TODD EXHIBIT B DLL 12 iy9i ee L _ 51.15 ,yP9 5oa, ao�.t TICS X WOOD DUCK ' I e s ,oaf Attin •mss O ?•� 50.135 229.02 •0 0+01 s302500 N899:101407 '50 os4 I s I D00.3 i . 110 1 I 010.e, ei-- a 1 I , • �S 1 ro er.e 40.0..1 1 I t ( 38030 5074 012.3, m I ( mal I 33 i 41 m4a1� 6 I i N '111.5...` I I ,(D S A 11 tl o I h I I ,ala! ff) QICJ '`{f' �t>D I I I 5'"/0.j V 465 I I � ll" I .leo 5111 r , ---_- s--- s„, root I NCO Ilnt One 4Ns a"e�,o1j0 ILai ti v!I i..y�// i su.4 //wee I i i le I .514.4 0" 510.4 ....................... . . . 51;3, ) •� . Dd i' , — KO ib5 554 I 15. •0 - '499 I ea.r` — 0. k. I I LEGEND 11 . k o Denotes Iron Monument Set • Denotes Iron Monument Found N Scale: 1 inch = 50 feet, mix Denotes Existing Elevation 5D. a Denotes Proposed Elevation ----Denotes Proposed Surface Drainage �; 0 Denotes Hub CERTIFICATION I hereby certify that this is a true and correct LEGAL DESCRIPTION representation of o survey of the boundaries of the land above described. Lots 5 and 6, Block 4, TIMBER TRAILS, according to the recorded plot thereof, Dated this 4th day of November, 1997. Scott County, Minnesota. RENDER & ASSOCIATES, INC. 1 /-/ �u'l"cam 1 Garage floor Elevation Alvin R. Rehder, Lond Surveyor Top of Foundation Elevation = Minnesota Registration No. 13295 'i Basement Floor Elevation w Rehder and Associates. Inc. Area = 53,872 square feet (1.24 acre). CML ENGINEERS MID MID SURVEYORS 3440 r.ed SKI•Su3,240•E,9e Nlm„•*N•Phone 111!)452.4031 JOB: 974-1478.011 Building Permit Survey for: HOMES BY TO D I EXHIBIT B Ott; 12r'91 x x 3110 X "300.1Lij 301.2 41 WOOD �4 3 DUCK ffi x Q X r1 60 502.3 500.5 N8g'b0'40"E x0 229.02 xis '�`°� r 498. :%::: :;;:Ep>. .\ 3003 1 aroe■ 1 }} 199.0 199.9 9 t ;.:<y 110 il x 1 X E,,,,,'..•.. 307.4 1 . 105.6 512.3■ . \,,__ c 311�NA91 [ki:! ? 3 : D O x dam.., e ' 1 P .,� 409.5 499.6 !'�:<' ''''� ��j91jaA94969 E c� x UI 0 ` x x <; ::> > I 5120 40 1 lig ii i'igi:i 311.0 x" ■------- 011 91 4982 » 514.0 499.6 .. 499.0 rrotl0"4 �• 10/ ... . U.•• l ; 512.1 N 41 t .., t,':. .././.:;-9w870 O ■ 514.4 �A L. :•g^ iiitl � 510.4 Q.82'"" ii> Er>«I 515.33 • ::.:::::::::11..- ca 1 ■ ,a!' _f 1 2 r 508.8 I5 . G . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of A Portion of Secretariat Drive right-of-way MEETING DATE: February 3, 1998 INTRODUCTION: The City Council received a request from Valley Green Business Park to consider the vacation of a portion of the Secretariat Drive right-of-way. The subject property is the area proposed for replatting in conjunction with the Seagate development DISCUSSION: The request was reviewed by the Planning Commission at its meeting of January 8, 1998. The Commission recommended approval of the requested vacation subject to the conditions incorporated in the resolution accompanying this report. ALTERNATIVES: 1. Approve Resolution No. 4840, approving the vacation of the subject right-of-way, subject to conditions. a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easement that SPUC determines is necessary for the watermain located in the existing Secretariat Drive right-of-way and within the temporary cul-de-sac easement. Shakopee Public Utilities shall provide the City with documentation that this easement has been provided. b) The applicant shall provide the City with a 20-foot wide easement over any existing sanitary and storm sewer services in the subject right-of-way. c) The vacation of said right-of-way shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 2. Approve the vacation subject to revised conditions. 3. Deny the request to vacate the subject right-of-way. 4. Table the decision to allow staff or the applicant time to provide additional information. vacsecdr/RML 1 PLANNING COMNIISSION RECOMMENDATION: The Planning Commission recommended Alternative 1, approval. ACTION REQUESTED: Offer and approve resolution no. 4840, approving the requested right-of-way vacation, subject to conditions. K Michael Leek Community Development Director vacsecdr/RML 2 RESOLUTION NO.4840 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING SECRETARIAT DRIVE AS DEDICATED IN THE PLAT OF CANTERBURY PARK 2ND ADDITION WHICH LIES WESTERLY OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1,BLOCK 1, CANTERBURY PARK FOURTH ADDITION,ACCORDING TO THE PLATS THEREOF,SCOTT COUNTY,NIINNESOTA WHEREAS,right of way has been dedicated in Lot 1,Block 1, Canterbury Park 2nd Addition, and Lot 1,Block 1, Canterbury Park 4th Addition, Scott County,Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that these easements serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of January 1998; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest; and vacsecdr/RML 3 2) That the following right of way in Canterbury Park 2"l Addition and Canterbury Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need, and are hereby vacated; Secretariat Drive as dedicated in the plat of CANTERBURY PARK 2ND ADDITION which lies westerly of the northerly extension of the east line of Lot 1, Block 1, CANTERBURY PARK FOURTH ADDITION, according to the plats thereof; Scott County,Minnesota 3) The vacation is subject to the following conditions; a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easement that SPUC determines is necessary for the watermain located in the existing Secretariat Drive right-of-way and within the temporary cul-de-sac easement. Shakopee Public Utilities shall provide the City with documentation that this easement has been provided. b) The applicant shall provide the City with a 20-foot wide easement over any existing sanitary and storm sewer services in the subject right-of-way. c) The applicant shall provide an easement to Minnegasco over the north 30.00 feet of that part of Secretariat Drive which lies northerly of Lot 1,Block 1, Canterbury Park 4th Addition. d) The vacation of said right-of-way shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 4) After the adoption of the Resolution,the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 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 4 vacsecdr/RML 10. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of A Portion of Secretariat Drive Right-of-Way MEETING DATE: January 8, 1998 Site Information: Applicant: Valley Green Business Park Site Location: North of Highway 169 and west of County Road 83 Current Zoning: Major Recreation(MR) Adjacent Zoning: North: Major Recreation (MR) South: Major Recreation (MR) East: Highway Business (B 1) West: Major Recreation (MR) Comp.Plan: 1995: Entertainment MUSA: The site is within the MUSA boundary INTRODUCTION: The City Council received a request from Valley Green Business Park to consider the vacation of a portion of the Secretariat Drive right-of-way. The subject property is the area proposed for replatting in conjunction with the Seagate development. The City Council will hold a public hearing on February 3, 1998, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map(Exhibit A) showing the location of the subject property. Exhibit B illustrates the portion of right-of-way proposed for vacation. Other agencies, city departments and utilities have been notified of the proposed vacation information, and have provided comments which have been incorporated into the staff recommendation. w Shakopee Public Utilities and the Engineering Department have reviewed this request and have provided comment that easements will need to be retained for existing utilities. Staff has incorporated appropriate language into the recommendation to achieve the retention of this easement. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject right-of- way, subject to the following conditions: a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easement that SPUC determines is necessary for the watermain located in the existing Secretariat Drive right-of-way and within the temporary cul-de-sac easement. Shakopee Public Utilities shall provide the City with documentation that this easement has been provided. b) The applicant shall provide the City with a 20 foot wide easement over any existing sanitary and storm sewer services in the subject right-of-way. c) The vacation of said right-of-way shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 2. Recommend to the City Council the approval of the vacation of the subject right-of- way, subject to revised conditions. 3. Recommend to the City Council denial of the request to vacate the subject right-of- way. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1 ACTION REQUESTED: Offer and pass a motion recommending approval of the requested right-of-way vacation, subject to conditions. _ Jiro, ulie Klima Planner II i:\commdeAboaa-pc11998\pc0108\vacvgbpr.doc 1 yy :•, (......_•-..____::: - _ --0_...,:„,„.......,•iL Ak l_:'"' 51 5 L . ; g7 k ,e` f........ EXHIBIT A _,, rim Z� a. �a A �Ire, - •`� }-ac .r` +. iu AA� [ :„..........,,,,.,,..,.,.T.117:_.....___ "+ •�„� ,�, _� ...— �'--i a {` �.{51 _ 1141 ,t'C�'. , •- • -,••••.,- 7�0�aT�� :• .-."" '-o1 Q1 _ , �� t_' y •,_ .14li1'�!!!•o;a 1o0�0!1V1 . • • ` 7..,:_,L4, S '-!.,.; i tr_l. 'tr.:X.a..:.:, -... .'... '''' - -•• . . • -‘`.•4:';*,11 4.14t4 6.4.4)1:**4:j 4.4•144)*0 }A R . ':- - . . 1• --.a.-+ ;.;;;;ALE• S moi!'-ts��e's l : . \• r-� o o�� o o,s s - _ .. I: I i CP 1 i i i i i .9-t143.:..... .'..77::5*-111 I[liCa 14/b,'''. , "-.. ' ._ o��os+.os��e • n, o4 o )* in ilif:liti _ :it Isi!i I,r 1 ;14 •,�".'� •- ;..{r a*40� .o+o+'4oio0o�o - 'E. isI it. i. I fpaligiipi A • �' 1 � e. = (` �' t - I„ .l tom. `' �.r(�5Ilitglp � • — _ giiiii.f.flig177.- iF ! ` I. �, i f ,,, ; ( . - 1 ) kit 11 � uJ RR l '�1 SI -...m111■1111111111E1 I r-- -� AG foo .' . 414444. 4;116,11Fe I 1' rC4, / iir, ior _ AG AG , LEGEND Under Yinq Zones 44, E-1 Agriculture `—.... ' n I RR I Rural Residential ri- 41 wuvsv ora IanLow Density Residential COM n , i . 1R181 Urban Residential AG • .• IRid I Old Shakopee Residential I R2 ( Medium Density Residential e I R3 I Multiple Family Residential i 81 RR I61 ( Highway Business I 82 I Office Business 183 ( Central Business RR AG - 77 Light Industrial Ili bus. ;_1111171mum' . rant 112 ( Heavy Industrial L RR I-1 Major Recreation ---•.._./--"- , - Overlay Zones • •—� �5-{Shoreland AG \ ( -F�Floodplan District llkP"' OMR OIL II • r7772 Mining Overlay O'DOWD • .- AG .•� .� RR• RR E575-4 "JD Overlay 4. b LAKE — .il- - } 'N. Pli..1.7 r . ,,.. .: • EXHIBIT B Edge of Bittrna)ou5 � sign�� $'88.49'38'' W _ , . ... —__ _ 250313 --- -- �-T — . ..777..=.77.: .......1%.:? —, ,s. — - '.`516.99 ..� - ► :� .." ,•• ^f_.r r.,X9.16 -Dro nage & Uttity i . 145,644.5 Square Feet 5.24 I j Easement 31 ' 3.34 Acres I t t' cv t t 3 5.89 Square Feet N1_ �1� . t t 5.89 Acres t 2 . lot R ` , N �g c`08 18 84.69 zt ! �•p 1 22'Z1" 1t1t7itY. t en I t z Temporary CU—de—Sac ~ 'v-. �•�——j� �y Square Feet cl I I Easement per Doc No. 51530 -.f AZO. 4'1' 41 ---/%1 1' JV 8849'38} -i Nt v t =0i 41 R�93.9 A DRIVE -------- 1 R I V E t ::;_::: p 20 �� g 1.o t D �3 tp $ C 8 Temporay CU-de-Sx /� t 3 N 88'43'38 E /` A t 1 T eCat ) •/ �) r.l 11 i`. r v v I� 1 t Easement per Doc No 5153• I 0 n► I ► ` h L. '.1 �'\ 1 I WI A f ' r' I T I !1 A I col n IJ V I 1 I V I v I . of I j, Drainage & Ut7ty0 114,321.4 Square Feet NII 3 Easement I I z 2.62 Acres I �• I I N 8975'3r E J L 1 �o / "et. ..........„,.../... it 3 39s.4o o Z o CZ 82,376.6 Squcre Feet ;althwest Coater / �O t89 Acres O� ON 2 415.97 20 W T�`1 A A 1^` n`�I T A TI/1A 1 3 T A r‘CD A CIT% /rA IT nr 1 1 A Vv:) \ I n I IelI I 76-5r32 v ► IIA IA If_^� L 5 V (VIII VI IL. s‘../ 1 n Li 1....1 �1\ I MLI V I vT A I/'1 -tom �� RIGHT OF I�r A v �)I 15 A I of\ /ll—It RI\1r11 VI rr, I L•, I Tom)A A I^�)� )T A TI/•\A I I hrI ORTA I lvl� r A in IY • /0 1 V •, -bgbI ,I kii,,,,t 0.0 sot0Q-t1 . glttr+e °{ PIc-'`t°,W c fat '1 • lcn,a 'o4r{t,er�spat�- -k 2nd Addition Ir • Department of ''''t5 '0-9. Addition ition I here W0.5 pr Southwest Quarter, .. ... .. .. I ars r :aunty, MN., which State th Plat Dated Minnesota PETER= j Plat No. 70-11; ssota Department • . . Rober )'-19 Minn a CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Drainage and Utility Easements over and across Outlot A, Outlot C, Outlot D,Lots 1 and 2, Block 1, Canterbury Park 2"d Addition, and also Lot 1,Block 1, Canterbury Park 4th Addition. MEETING DATE: February 3, 1998 INTRODUCTION: The City Council received a request from Valley Green Business Park to consider the vacation of the above-described easements. The subject property is the area proposed for replatting in conjunction with the Seagate development DISCUSSION: The request was reviewed by the Planning Commission at its meeting of January 8, 1998. The Commission recommended approval of the requested vacation subject to the conditions incorporated in the resolution accompanying this report. ALTERNATIVES: 1. Approve Resolution No. 4841, approving the vacation of the subject right-of-way, subject to conditions. a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easements that SPUC determines is necessary for the fire hydrant,watermain, and overhead powerlines located in Lot 1,Block 1, Canterbury Park 4th and for the watermain and overhead powerlines located within Outlot D, Canterbury Park 2nd Addition. Shakopee Public Utilities shall provide the City with documentation that these easements have been provided. b) The vacation of said easements shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 2. Approve the vacation subject to revised conditions. 3. Deny the request to vacate the subject right-of-way. vaccp2-4/RML 1 4. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission recommended Alternative 1, approval. ACTION REQUESTED: Offer and approve resolution no. 4841, approving the requested vacation subject to conditions. C,Z). e R Michael Leek Community Development Director vaccp2-4/RML 2 RESOLUTION NO.4841 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING ALL OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED OVER AND ACROSS OUTLOT A,OUTLOT C,OUTLOT D,LOTS 1 AND 2,BLOCK 1,CANTERBURY PARK 2"ADDITION,AND ALSO LOT 1, BLOCK 1,CANTERBURY PARK FOURTH ADDITION ACCORDING TO THE PLATS THEREOF,SCOTT COUNTY,MINNESOTA WHEREAS, drainage and utility easements have been dedicated over and across Outlot A, Outlot C, Outlot D,Lots 1 AND 2,Block 1, Canterbury Park 2ND Addition, and also Lot 1,Block 1, Canterbury Park Fourth Addition according to the plats thereof, Scott County,Minnesota;and ; and WHEREAS,it has been made to appear to the Shakopee City Council that these easements serves no public use or interest;and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of January 1998; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: vaccp2-4/RML 3 1) That it finds and determines that the vacation hereinafter described is in the public interest; and 2) That the following easements Canterbury Park 2nd Addition and Canterbury Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need, and are hereby vacated; All of the drainage and utility easements as dedicated over and across Outlot A, Outlot C, Outlot D,Lots 1 AND 2,Block 1, Canterbury Park 2ND Addition, and also Lot 1,Block 1, Canterbury Park Fourth Addition according to the plats thereof, Scott County,Minnesota. 3) The vacation is subject to the following conditions; a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easements that SPUC determines is necessary for the fire hydrant,watermain, and overhead powerlines located in Lot 1,Block 1, Canterbury Park 4th and for the watermain and overhead powerlines located within Outlot D, Canterbury Park 2nd Addition. Shakopee Public Utilities shall provide the City with documentation that these easements have been provided. b) The vacation of said easements shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 4) After the adoption of the Resolution,the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 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 vaccp2-4/RML 4 I ' ' CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Drainage and Utility Easements in Canterbury Park 2nd and Canterbury Park 4th Additions MEETING DATE: January 8, 1998 Site Information: • Applicant: Valley Green Business Park Site Location: North of Highway 169 and west of Secretariat Drive Current Zoning: Major Recreation(MR) Adjacent Zoning: North: Major Recreation (MR) South: Major Recreation (MR) East: Highway Business (B 1) West: Major Recreation (MR) Comp.Plan: 1995: Entertainment MUSA: The site is within the MUSA boundary INTRODUCTION: The City Council received a request from Valley Green Business Park to consider the vacation of all the drainage and utility easements located within Lots 1 and 2, Canterbury Park 2nd Addition and all easements located within the Canterbury Park 4th Addition plat. The subject property is the area proposed for replatting in conjunction with the Seagate development. If the property is to be replatted, the existing easements would be unnecessary and the replatting of the property would then dedicate any necessary easements. The City Council will hold a public hearing on February 3, 1998,to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map (Exhibit A) showing the location of the subject property. Also attached as Exhibits B and C are copies of the respective plats. The applicant is proposing that all drainage and utility easements dedicated with these plats be vacated. Other agencies, city departments and utilities have been notified of the proposed vacation information, and have provided comments which have been incorporated into the staff recommendation. Shakopee Public Utilities has reviewed this request and has provided comment that several easements will need to be retained for existing utilities. Staff has incorporated appropriate language into the recommendation to achieve the retention of easements. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject easements, subject to the following conditions: a) The applicant shall provide Shakopee Public Utilities(SPUC)with the easements that SPUC determines is necessary for the fire hydrant,watermain, and overhead powerlines located in Lot 1, Block 1, Canterbury Park 4th and for the watermain and overhead powerlines located within Outlot D, Canterbury Park 2nd Addition. Shakopee Public Utilities shall provide the City with documentation that these easements have been provided. b) The vacation of said easements shall not become effective until the aforementioned documentation is provided by SPUC and the property within Canterbury Park 2nd and Canterbury Park 4th Additions has been replatted and said plat has been filed with the Scott County Recorders Office. 2. Recommend to the City Council the approval of the vacation of the subject easements, subject to revised conditions. 3. Recommend to the City Council denial of the request to vacate the subject easements. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1 ACTION REQUESTED: Offer and pass a motion recommending approval of the requested easement vacation, subject to conditions. Julie Klima Planner II is\commdev\boaa-pc\1998\pc0108\vacvgbpe.doc ...._.4. .. , _ . ,.., . 0. k 0, s1 s- k. �1 ----. 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I. ema '.� /«/�?f'_s ; ar t • . i o - Ck) J . ' .. _ . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Boy Scout Troop#218 Barn Date: January 28, 1998 INTRODUCTION On December 29, 1997, Warden Connie Roerich of the Minnesota Correctional Facility- Shakopee informed the City of its plans to expand the Shakopee Women's Prison starting in 1999. The expansion will include additional housing on the northwest corner of their property. The existing Boy Scout barn will either be moved to a new location or disassembled. See Exhibit A. At this time, state officials are looking into the possibility of securing state funding to move it to a new location. Staff recently met with Scout leaders to discuss potential sites and relocation costs. CONDITION OF BARN The barn is about 75 years old, but appears to be in reasonably good condition. The Scouts acquired the building in 1965 when they were forced out of their old facility in Huber Park due to major flooding. There is no sewer, water or sprinkling system in the building. The electrical system was updated in 1965. At this time, no-one is sure if the barn can survive a move without suffering some structural damage. There also may be hazardous"transite"materials inside the building which will have to be abated before the barn is moved. POSSIBLE LOCATIONS One possible location for the barn is Lions Park. The Lions Club is supportive in moving the barn to the north end of the park if it can be situated to "look as if it was always there." The Parks and Recreation Advisory Board(PRAB) is not supportive of having a barn on park property. They are concerned about its appearance in the park. Will it look out-of-place? Will the the barn affect property values of nearby residents and how will residents react having a barn located near their homes? The PRAB is also what effect the barn will have on future plans for expanding the swimming pool's parking lot. The parking lot will be expanded to accommodate 200 cars. The Shakopee Hockey Association would like the City to keep both hockey rinks at Lions Park as well. If the barn is relocated to Lions Park, it would be sited next to the cemetery by the warming house (former Bubble Bldg.). There has been no input from the residents living near the park. Murphy's Landing is another possible site, but they already have a barn on site and may not be interested in having another one. No private land owner has come forward yet to donate land for the building. Land purchase for the barn is a possibility, but it should not be the City's responsibility. ESTIMATES TO MOVE BARN The State of Minnesota Department of Administration did some preliminary estimates for moving the barn to a new location. They estimated moving and reconstruction costs will range from$61,000 to $171,000. See Exhibit B. Preliminary indications are the State of Minnesota could fund$80-120,000 of the costs if approved by the Legislature. City Building Officials indicated the barn,regardless of where it is located in the City, will need to meet Uniform Building Codes. FEASIBILITY Staff is not sure how involved the City Council wants to be with this project. Therefore, Council should decide how involved the City should be with this project or, if this is something between the State of Minnesota and the Boy Scouts? Other concerns: Is Lions Park the good location for a barn? If the City decides to become a willing, or unwilling participant,how much funding should allotted to the project? Should the City hire an architect/designer to conduct a feasibility study (real costs) or let the State of Minnesota assume those costs? (A feasibility study will range from$3,000 to $10,000.) At its January 26, 1998 meeting,the Parks and Recreation Advisory Board recommended to the City Council a feasibility study be conducted to determine if it is cost effective to move the barn or to consider other alternatives. The recommendation for a feasibility study is based on how involved the City becomes with this project. COUNCIL DIRECTION Staff is looking for Council direction to what degree the City should be involved with this project or wait until the State of Minnesota decides on its course of action. &V't--71 Mar McQuillan Parks and Recreation Director C-- )(Girt6 :1- /1 Minnesota Correctional Facility-Shakopee Minnesota Department of Corrections �TFIEgJ� 1010 West 6th Avenue December 29, 1997 Shakopee MN 55379-2213 (612)496-4440 FAX 496-4404 Mayor Jon Brekke TDD Relay 296-5353 City of Shakopee 129 Holmes Street S Shakopee, MN 55379 Dear Mayor Brekke: The incarcerated offender population in Minnesota continues to increase and is causing overcrowding conditions at the women's prison. The current capacity of the women's prison is 242,our daily population is 260 and the MN Department of Corrections projections for 2005 indicate there will be 366 female offenders in prison. I am writing this to inform you and the city council members that the MN Department of Corrections is requesting seven million dollars from the state legislature in the 1998 legislative session to build a 124- bed housing unit and small addition onto our administration building. The construction would start in the spring of 1999 and be completed in the spring of 2000. The housing unit will be located on the northwest corner of our property. This unit will be a similar design concept to the existing housing units. By increasing the number of women incarcerated at this facility we will see a significant reduction in our per diem costs. The barn on the west side of our property that is used by the local boy scouts is currently located in the new construction area. This facility and the local boy scout leaders have formed a steering committee to work jointly on solving the issue of how to relocate the barn. One option the committee discussed is moving the barn to another location with the city. If city property is discussed, members of the steering committee will be in contact with yourself and other city officials. Over the past seventy years the DOC has enjoyed a cooperative working relationship within the city of Shakopee and we hope to continue that same relationship. If I can provide any other information, please feel free to contact me. Sincerely, ,./141 - ' / 1, C, re? 1 ( Connie M. Roehrich Warden cc: Erik Skon, Asst. Commissioner Equal Opportunity/ADA t J411 �v �v-vv vW Post it`Fax Note 7671 vie Ir,I. M'i!-. • ,1,. ': yA;b; 8 • coJDop� Austffisim Phone* °4C Z' • . V ; Department of Administration VOICE: 612.297.3455 • MEMORANDUM FAX: 612.296.7650 'I: 612.297.1545 • E-MAIL: sOly.graps@state.mn.us • TO: • • j—. H 1 Lt.e.4--• • riot tool.aS°• • • . • PROM: • • Sally Gans,AIA,Project Manager . • SUBJECT: P.. —N t7 : Std Xcak01• + 2l(act 5q • upo • tiIN• Mme, • . rt016 • lord i5,f. *pon 14.615 • • t 5t oao tv'1 d:cbo 104:440 lee 0.)140 t-t ion) ? .• - WWr4 IatnJ Zt�it1 S � Dore: . . toy !ra crf 's bog • • Fe 14Q . • -3pr 45,c=1, ' bit v4 .i.r o r H a.cot 111,6 t u t9p• c", %cooPte, e►srio, g ?- J Sow PriAL4, • 0 5'i oo I• I at aa► 2.14,0 sq fer 610 /Se e g Sb /sF 211 4:toc I off, coo Kia. 12‘ ..1004.7.44,446I I krep.kieo ki) (c 1, ' --- I"'I I ©cc, ior;eitxrivs NSM". eto 12610Lwa 97 .104. v0,1 •i1e,itt #10 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council-Activity Report • FROM: Mark McNeill, City Administrator SUBJECT: Boy Scout Barn Move DATE: January 23, 1998 The Shakopee Valley News reported a week ago Thursday about the impending need to move the Boy Scout barn from its current State-owned property,to accommodate an expansion of the Women's Reformatory. Boy Scout Troop 218 leases the barn from the State. Mark McQillian, Fulton Schleisman,and I have been working to try to facilitate the move. We are working with Connie Roehrich, Warden at the facility, and adult leaders of Boy Scout Troop 218. Representative Becky Kelso and Senator Claire Robling are working to get money placed into the State's 1998 Bonding bill at the legislature to facilitate the move. We have been in contact with the State Department of Administration,which oversees buildings and grounds. A meeting was held January 22nd,with the City,Boy Scouts, and Lions Club. (Lions Park is the most logical location for it to be moved,the Park and Recreation Advisory Board will look at the Lion's Park location at its January 26th meeting.) The architect with the Department of Administration provided an estimate including code factors once it is moved, in addition to the cost of the move. As shown on the attached,it could cost anywhere between$61,600,to $171,000 to move and rehabilitate the structure. The upper end figure obviously exceeds the replacement value of the building. We are working hard to come up with a realistic number for the legislators. They need that within the next two weeks,but things are moving slowly at this time. For your information. ilitAarVItaka- Mark McNeill City Administrator MM:tw H. a . CITY OF SHAKOPEE MEMORANDUM To: Parks and Recreation Advisory Board From: Mark J. McQuillan, Parks and Recreation Director Subject: Youth Initiative Bill/Governor's Environmental Legacy Bill Date: January 22, 1998 INTRODUCTION During the 1998 Minnesota Legislative Session,the Legislature will considered a$40 million Youth Initiative Bill and Governor Arnie Carlson's Environmental Legacy Bill. These two bonding bills, if passed, will be the largest allocation of state funding sources for recreation projects in 30 years. BACKGROUND Environmental Legacy Bill The Governor's Environmental Legacy Bill , if passed, will infuse $201 million for improvements to state parks and trails, expand habitat for fish and wildlife and simplify the recreational license system. The Governor is proposing $63 million for parks and trails, $50 million for habitat and $1.2 million for electronic licensing. The bill also includes $114 million for flood mitigation and control, ground water protection,road improvements at the Minnesota Zoo, improved water access and DNR office consolidation. Youth Initiative Bill The Youth Initiative Bill, if passed,will have an unprecedented$40 million in funding for capital improvement projects to design, furnish, equip, repair,replace or construct parks and recreation buildings and school buildings for enrichment activities. Of the $40 million, $10 million will be used for projects in Minneapolis and St. Paul and the remaining $30 million will be used for projects throughout the State. Representative Becky Kelso is a co-author of the Youth Initiative Bill in the House and Senator Claire Robling is a co-author the bill in the Senate. Local Benefit If the Youth Initiative Bill is passed by the Legislature and signed by the Governor,the City of Shakopee and Shakopee Public Schools will be eligible to apply for such assistance. The grants matches every $1 of local money or in-kind contribution with$2 of state money. Possible projects could include the addition of a gymnasium to a school building or a pool or theater to the community center. In either case,these facilities will benefit the community's burgeoning youth population and save local taxpayers thousands of dollars in construction costs. RECOMMENDATION Attached to this memo is information about the Youth Initiative Bill and the Governor's Environmental Legacy Bill. See Attachments B & C. At the January 26, 1998 Parks and Recreation Advisory Board Meeting,the Board unanimously recommended to the City Council the adoption of a Resolution supporting the Youth Initiative Bill. See Attachment A for Resolution. ALTERNATIVES 1. Offer and pass Resolution No.4837, a Resolution of the City of Shakopee, supporting the Youth Initiative Bill. 2. Do not pass Resolution No. 4837, supporting the Youth Initiative Bill. RECOMMENDATION Alternative#1 ACTION Offer Resolution No. 4837 A Resolution supporting the passage of the Youth Initiative Bill introduced into the Minnesota Legislature, and move for its adoption. C7644 Mar y$ 1 , McQuillan Parks and Recreation Director ATTACHMENT A RESOLUTION NO. 4837 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, SUPPORTING THE YOUTH INITIATIVE BILL WHEREAS, the youth of our State need and deserve safe and attractive recreation facilities: and WHEREAS: local governments often do not have the financial resources to completely address the need; and WHEREAS: a cooperative effort between the State and local governments would increase recreation opportunities across the State. NOW,BE IT FURTHER RESOLVED: that the City of Shakopee hereby supports and encourages the Minnesota Legislature to fund the $40 million Youth Initiative Grant Program. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of February, 1998. Mayor of the City Of Shakopee ATTEST: City Clerk ATTACHMENT B YOUTH INITIATIVE BILL SENATE Sponsor: Senator Linda I. Higgins (DFL), North Minneapolis Co-Authors: Claire A. Robling (R), Prior Lake Steven Morse (DFL), Dakota Keith Langseth (DFL), Glyndon HOUSE OF REPRESENTATIVES Sponsor: Darlene Luther (DFL), Brooklyn Park Co-Authors: Becky Kelso (DFL), Shakopee Jerry Dempsey (R), Hastings Joe Mullery (DFL), North Minneapolis Approximately 25 communities. MRPA $40 MILLION OPPORTUNITY To: MRPA Professionals From: Legislative Committee Date: January 15, 1998 Subject: YOUTH INITIATIVE BILL, Minnesota Legislature In 1996, the Minnesota Legislature provided over$16 million to repair, replace or construct parks and recreation buildings throughout the state. Communities, such as Cloquet, Fridley, Mounds View, Duluth and Cook County were awarded Youth Initiative Grants. The grants matched every $1 of local money or in-kind contribution with $2 of state money. During the 1998 Legislative session, the Legislature will consider a $40 million Youth Initiative Bill. HOW CAN MY COMMUNITY BENEFIT FROM THE YOUTH INITIATIVE BILL? The current Youth Initiative Bill proposes an unprecedented $40 million in funding opportunities for Minnesota's communities. Of the $40 million, $10 million will be used for projects within the cities of Minneapolis and St. Paul and the remaining $30 million will be used for projects throughout the state, including communities outside the metropolitan area. In 1997, the City of Cloquet was awarded $400,000 to assist with the development of the 30 acre River Front Youth Recreation Complex. The City of Fridley also received funding to construct an additional 6,000 square feet onto their Community Center for Youth Activities. All of the funding that was awarded was used to construct or replace youth oriented facilities. In 1998, this could be YOUR community. If passed, the Youth Initiative Bill will provide communities with real dollars to improve their youth recreational opportunities. However, in order to benefit from the Youth Initiative Bill, your support is necessary. HOW CAN I SUPPORT THE YOUTH INITIATIVE BILL? Enclosed is a sample letter and city resolution that we would like you to personalize and send to your governing body and legislator. After you have mailed the letter, contact your legislator and discuss the bill. Provide information on local projects that could benefit from this bill and improve your community. Also, contact local program participants and ask them to contact their legislator to show their support of the bill. Even though all of Minnesota's communities will not be awarded grants in this funding period, all of us need to support the Youth Initiative Bill. WHEN SHOULD I TAKE ACTION TO SUPPORT THE BILL? Immediately. Due to the fact that the 1998 Legislative session is about to begin, immediate support and action is necessary. Please do not wait to support the $40 million Youth Initiative Bill. Take the time to personalize the letter and city resolution now. Your support and actions are critical in passing this bill. The MRPA Legislative Committee thanks you for your support and efforts! If you would like additional information, please contact the MRPA office at 825-2200. YOUTH INITIATIVE BILL Minnesota Legislature MRPA $40 MILLION OPPORTUNITY KEY FACTS ✓ In 1996, the Minnesota Legislature provided over$16 million to repair, replace or construct parks and recreation buildings throughout the state. ✓ Communities, such as Cloquet, Fridley, Mounds View, Duluth and Cook County were awarded Youth Initiative Grants. ✓ The grants matched every $1 of local money or in-kind contribution with $2 of state money. _ V During the 1998 Legislative session, the Legislature will consider a $40 million Youth Initiative Bill. COMMUNITY BENEFITS ✓ The current Youth Initiative Bill proposes an unprecedented $40 million in funding opportunities for Minnesota's communities. ✓ $10 million will be used for projects within the cities of Minneapolis and St. Paul and the remaining $30 million will be used for projects throughout the state, including communities outside the metropolitan area. ✓ Ability to provide additional youth oriented recreational facilities to your community. H:\FACILITI\MRPA.WPD OFFICIAL COMMUNIC, ATTACHMENT C FROM THE OFFICE OF T Vonny Hagen— eer1Vf frATE OF MINNESOTA Planning Box 10 ARNE H. CARLSON JOANNE E. BENSON GOVERNOR LT. GOVERNOR FOR IMMEDIATE RELEASE IL CONTACT: Jackie Renner December 18, 1997 (0) 296-0001 GOVERNOR CARLSON ANNOUNCES BIGGEST OUTDOORS BONDING PACKAGE IN STATE HISTORY- $201 MILLION FOR"ACCESS TO THE OUTDOORS" Governor Arne H. Carlson today announced the biggest outdoors bonding package in state history. At Fort Snelling State Park in St. Paul, Governor Carlson proposed a$201 million bonding initiative to improve state parks and trails, expand habitat for fish and wildlife and simplify the recreational license system. "Our great outdoors not only make Minnesota unique, they are part of our identity as a state, and must not be taken for granted," Governor Carlson said. "It is vitally important that we preserve our natural resources for future generations. This is an investment in our future." In his announcement, the Governor cited the tremendous economic impact Minnesota's natural resource have on the state economy. Fishing alone brings in nearly $1 billion for the state's economy and.by the year 2000, outdoor recreation will generate more than$2 billion for the state. The "Access to the Outdoors" package was developed in conjunction with more than a dozen outdoors and environmental groups, and is composed of three new initiatives: Parks and Trails - $63 million With the proposed investment, every state park in Minnesota will be improved. Many park buildings, roads and utility systems were constructed in the 1930's and in need of serious repair and rehabilitation. The proposal will restore Minnesota's flagship state park, Itasca, to peak condition with over $6 million. New visitor centers will be constructed at Itasca, Forestville, and Mille Lacs Kathio and hundreds of campsites across the state will be restored. More than$9 million will be allocated for the improvement and restoration of metro area parks. 104 new miles of trails will be added around the state for biking, rollerblading, hiking, skiing and snowmobiling. Funding is also included for the creation of a new state park in Duluth to honor World War II veterans that will utilize the retired Navy ship, the U.S.S. Des Moines. Habitat - $50 million Funding will be used to protect Minnesota's wildlife habitat by regenerating 10,000 acres of forest, establishing vegetation on 8,000 acres, and restoring 500 acres of wetlands. This initiative will put another 24,000 acres into wildlife habitat by paying landowners for"permanent conservation easements." Funding also would be used to acquire 17,500 acres for designation as "wildlife management areas, or WMA. The habitat initiative will develop winter cover and food for pheasants - more - Communications 130 State Capitol, St. Paul, Minnesota 55155- (612) 296-0075 -TTY (612) 296-3391 AN EQUAL OPPORTUNITY EMPLOYER (800) 657-3598 -TTY a ow.rtor.[.rw.n "ACCESS TO THE OUTDOORS" $201 million package $114 million - New Initiative ($94m. bonding/$20m. general) • Parks and Trails - $63 million • Habitat - $50 million • Electronic Licensing - $1.2 million $87 million - Base Bonding for Environment ($65m. Environ. Protection/$22m. Environ. Infrastructure) • Flood Hazard Mitigation & Control • Groundwater Protection • MN Zoo Road Improvements • Water Access (boat landings, fishing piers) • DNR Office Consolidation "ACCESS TO THE OUTDOORS " • This is the biggest Outdoors Bonding Package in the history of the state, developed with more than a dozen outdoors & environmental groups. • By the year 2000, outdoor recreation will generate more than $2 billion a year in direct spending for the state. • Minnesota's outdoors are central to our quality of life and our identity as a state. This is an investment in our future. • This is what we do with our families - we go to the lakes, we visit our state parks, we snowmobile, we ski, we hunt, and we fish. • Part of being a Minnesotan is being outdoors. Parks and Trails - $63 million ($52m bonding, $11m general) • We will improve every state park in the state (67 state parks) • $6.4 million for Itasca - our flagship state park, includes new visitor center • $9.8 million invested in metro area parks - improvement, restoration, rehab • Build new visitor centers at Mille Lacs Kathio and Forestville state parks • Create a state park to honor our veterans in Duluth with the U.S.S. Des Moines • Improve campgrounds throughout the state • $12 million to add 104 miles of trails throughout the state (330 miles currently) • Habitat - $50 million ($42m bonding, $8m general) • Protect Minnesota's wildlife habitat, by: - regenerating 10,000 acres of forest, - establish vegetation on 8,000 acres, - restoring 500 acres of wetlands • Put another 24,000 acres into wildlife habitat through "permanent conservation easements" by paying landowners. • . Acquire 17,500 acres for Wildlife Management Areas (WMA are state-owned parcels of land managed for wildlife & outdoor recreation) • Develop winter cover and food for pheasants and other grassland wildlife • Create a system to better monitor wildlife populations (keep healthy populations,maximize hunting opportunities) • Preserve and restore forest and brushland habitat for grouse and 100 other types of birds • Improve firearms safety training at shooting ranges across the state. "Outdoors Online" Electronic Licensing - $1.2 million (all general fund) • Creates a one-stop shopping system for recreational licenses. • By next summer, you can purchase your hunting or fishing licenses just by dialing a toll free telephone number. (An ID number will be issued so you can begin hunting or fishing immediately.) • In early 1999, there will be terminals set up that will allow you to get your all your recreational licenses at one location. - Utilize your MN driver'slicense to enter a DNR database. - Will issue your licenses on the spot , on one license. • When fully implemented, you can get multi-year recreational licenses and registrations, from one location, (at a terminal, by computer or by phone). • System will allow you to create and customize maps (for hunting, fishing, hiking) via Internet 1998 Capital Budget Request Project Locations Budget A State Parks 7 Wiicifife Management Areas 4 State Forests 3 I)am Repair/Removal Sate Trails ik Flood Damage Reduction 1 _. c.75.e.a.i P.0.75,'.3U .1',”73-r--i- /Tr, B,i, A-, A I.ik.' H«)11,n1 ae3GAe3 Lake-.1. .....____ A iia‘o• I .11,2 ' ---- -------- _ -- i_ I Thief Lake-r -.7- 8'. L3ke , t, A old Mill "1-Wapiti 3. Moose River 1 WoodentroJ \ I \*Warren , z• I. 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CD O cm 11 i. y ICE•ma T W Q a) I , } L i O. c 1 a ° CD I cn U, > 1 L a) CV •- 0) Q Co O 00 0)•° CO .w •w mQ o i co T T U) 1 O Q) Co N- c1) Lf) d' CO CV - O T SUO!II!W u! paW! doaddd srn,ioa -C a) 0, tet. a, t-ri G N0 CO C) � N ., , C- CDCt CC O L = O CO as O L M N RI Cca Tr a13 °' 0 Clima o � a COCO NW cn M O E CO N O � LL Q. } O c� r O ca i 'LO cf O Q o) Oc o rn '*r °0 CC �- cn 'y 0 CO lin Cr CO V OQ co Q O co N r 1 O N M • Uri _ ._ co coN NoI O O N , T suoi!Iiw u! pawe!Jdoaddd saelioa The "Access to the Outdoors" Initiative was developed with more than a dozen outdoors and environmental groups. Ducks Unlimited Fish and Wildlife Legislative Alliance Geese Unlimited MN Center for Environmental Advocacy MN Conservation Federation MN Deer Hunters Association MN Lakes Association MN National Audobon Society MN Outdoor Heritage Alliance MN Parks & Trails Council MN Ruffed Grouse Society MN Sportsfishing Congress MN Waterfowl Association, Inc. Nature Conservancy Pheasants Forever Trout Unlimited / 79B' S . . /ori tA/911 DEPARTMENT OF NATURAL RESOURCES DRAFT LANGUAGE FOR CAPITAL BUDGET BILL Sec . NATURAL RESOURCES Subdivision 1. To the commissioner of natural resources for the purposes specified in this section Subd. 2. Statewide Asset Preservation 2,282,000 For repair and renovation of the department of natural resources land, buildings or other improvements of a capital nature throughout the state. The commissioner shall determine project priorities as appropriate based upon need. Subd. 3. Office Facility Consolidation 11,991,000 To ,:zsign, construct, furnish, and equip offices and service facilities at consolidated office sites in Windom, Tower and Fergus Falls. Subd. 4. State Park and Recreation Area 4,620,000 Building Rehabilitation For improvements of a capital nature to repair, rehabilitate, construct, or add to state park building throughout the state, according to the management plan required in Minnesota Statutes, chapter 86A. The commissioner shall determine project priorities as appropriate based upon need. Subd. 5. State Park and Recreation Area 5,895,000 Building Development To construct, furnish and equip new buildings and associated utilities in the state park system, according to the management plan required in Minnesota Statutes, chapter 86A. $4,250,000 of this amount is for the development of a visitor center at Itasca State Park; $700,000 is for the construction of a visitor center at Mystery Cave in Forestville State Park; $360,000 of this appropriation is from the General Fund for the operation of new facilities in State Parks. Subd. 6. State Park and Recreation Area 2,935,000 Betterment and Rehabilitation To upgrade, repair or rehabilitate improvements of a capital nature at state park and recreation area facilities-throughout the state, including, but not limited to, resource management projects, trail rehabilitation, campground rehabilitation and road and bridge repair. The commissioner shall determine project priorities as appropriate based upon need. Subd. 7. Well Inventory and Sealing 476,000 To seal inactive wells on state-owned land. This appropriation is from the General Fund. The commissioner shall determine project priorities as appropriate based upon need. ,T •1 Subd. 8. Dam Improvements 1,000,000 For the emergency repair, reconstruction or • removal of publicly owned dams throughout the state. $300.000 of this appropriation is for a grant to the City of Appleton for removal of a dam located on the Pomme de Terre River in Swift County. The commissioner shall determine remaining project priorities as appropriate based upon need as provided in Minnesota Statutes, section 103G.511. Subd. 9. Flood Hazard Mitigation Grants 24,000,000 For the flood hazard mitigation grant program to local government units for capital improvements to prevent or alleviate flood damages. The commissioner shall determine project priorities as appropriate based upon need. Subd. 10. RIM Critical Habitat Match 11,500,000 To acquire land for wildlife management areas under Minnesota Statutes, section 97A.135; for the critical habitat private sector matching account under Minnesota Statutes, section 84.943; and for acquisition and wetland restoration under the North American Waterfowl Management Plan. The commissioner shall determine project priorities as appropriate based upon need. $250,000 of this appropriation is from the General Fund for population and habitat objectives of the Nongame Wildlife Management Program. To acquire land within the designated boundary established for the Veterans Memorial State Park; for construction of a berthing site for the U.S.S. Des Moines; ship preparation and movement and the development of parking and state park facilities. $1,800,000 of this appropriation is for the operational costs of the state park. The appropriation in this subdivision is from the General Fund. . Subd. 12. White Pine Management 300,000 To implement increased public involvement in White Pine management planning and to accelerate management on state forest lands. The • appropriation in this subdivision is from the General Fund. _ Subd 13. Forest Road and Bridge Projects . 1,900,000 For reconstruction, resurfacing, replacement or construction of improvements of a capital nature to state forest roads and bridges throughout the state. The commissioner shall determine project priorities as appropriate based upon need. Subd. 14. RIM Fish Hatchery Rehabilitation 1,300,000 ,,•••\. / ..4 \. To maintain or improve fish culture facilities. ,/ „I" `*, `_ <\ \ ,,, . c...,..,;e:,..:\..., ,s;:., .1, 'v `�, \ xyc •kc) .41 / 4¢, • Subd. 15. Forestry Recreation Facilities 1,600,000 For improvements of a capital nature to rehabilitate, improve or develop forestry recreation facilities throughout the state. The commissioner shall determine project priorities as appropriate based upon need. $600,00 of this appropriation is from the General Fund for the operations of state forest campgrounds. Subd.16. RIM Wildlife, Habitat Improvements 4,500,000 For development, protection, or improvements of a capital nature to wildlife management areas and other state lands throughout the state. The commissioner shall determine project priorities as appropriate based upon need. $500,000 of this appropriation is from the General Fund for operational costs related to wildlife management areas. Subd. 17. Natural Area and Prairie Bank 2,000,000 Acquisition and Improvement. To acquire lands as scientific and natural areas and prairie bank easements; and for development, protection, or improvements of a capital nature to scientific and natural areas and prairie bank areas throughout the state. The commissioner shall determine project priorities as appropriate based upon need. $500,000 of this appropriation is from the General Fund for the interpretation, management and monitoring of these areas. Subd. 18. Metro Greenways and Natural Areas 1,100,000 To acquire natural areas and greenways in the metro region through purchase of conservation easements, land trusting or fee-acquisition. The commissioner shall determine project priorities as appropriate based upon need. $200,000 of this appropriation is from the General Fund for grants to assist local government units and organizations. • Subd. 19. Water Access Acquisition 1,000,000 For public water access acquisition, development and rehabilitation including access to lakes and rivers through the provision of fishing piers and shoreline access. Subd. 20. Trail Acquisition and Development 12,450,000 For acquisition and development of a capital nature on state trails as specified in Minnesota Statutes, section 85.015. The commissioner shall determine project priorities as appropriate based upon need. $2,000,000 of this appropriation is for the State Targeting Accessible Recreation Trails (START)project to complete the trail survey, prioritizing, te- •<- and pre-engineering work for all 100 major t recreation areas and to improve accessibility in up .- - x to 35 of these areas. $450,000 of this a ro riation is from the General `� , Fund for state trailamenities. c` \, Subd. 22. State Park and Recreation Area 3,500,000 Acquisition For acquisition from willing sellers of private lands within state park and recreation area boundaries established by law. The commissioner shall determine project priorities as appropriate based upon need. Subd. 23. Forestry Land Acquisition 800,000 To acquire private lands within established boundaries of state forests throughout the state. The commissioner shall determine project priorities as appropriate based upon need. Subd. 24. Lake Superior Safe Harbors 5,300,000 To design and develop protected public water access facilities at Taconite Harbor and McQuade Road; and safe harbor facilities at Two Harbors and K fe River. This appropriation is contingent on receipt of the Federal Matching Grants for these projects. Subd. 25. Accelerated Wildlife Habitat 4,550,000 Management and Inventory For wildlife habitat improvement; wildlife population surveys and monitoring; private lands cost sharing for wildlife habitat and forest stewardship; and project grants to local government and private organizations to enhance fish, wildlife and native plant habitats. Of this amount, $1,200,000 is for winter wildlife habitat improvement for pheasants and other grassland wildlife in key farmland areas; $1,500,000 is for brushland and forest habitat renewal for sharp-tailed grouse and other species of birds dependent on.open brushlands in forest areas by providing financial and technical assistance to landowners as well as brushland renewal on public lands($1,250,000 of this amount is from the General Fund); $750,000 is for wildlife habitat improvements through cost sharing and technical assistance to private landowners($750,000 is from the General Fund); $400,000 is for forest stewardship improvements through cost sharing and technical assistance to private landowners. ($400,000 is from the General Fund); $500,000 is for wildlife population surveys, monitoring, evaluation,.and constituent surveys($500,000 is from the General Fund; and $200,000 is for the conservation partners program to enhance fish, wildlife and native plant habitats through project grants to local government and private organizations($200,000 is from the General Fund). 44itilCb° �j f'I Subd. 26. Customer Service and Data Access 1,190,000 To enhance customer service and data access through the collaborative use of technology, improve communication with citizens and stakeholders, and provide technical assistance and data delivery to citizens and local government. $465,000 of this appropriation is for the Minnesota Environmental/Natural Resource Electronic Library (MENREL) to accelerate the development of integrated and indexed environmental and geographic data catalogs, cross agency search and retrieval, and content-rich libraries of environmental data and information. $725,000 of this appropriation is for improving citizen access through the Internet to environmental and geographic data including the capability of producing customized maps and reports. The appropriation in this subdivision is from the General Fund. Subd. 27. Enhance and Promote Outdoor Skills 150,000 $50,000 of this appropriation is for expansion of the`Becoming An Outdoors Woman Program;" and S100,000 is for a position to coordinate shooting range development on a statewide basis. Of this amount, $35,000 is available as matching funds for shooting range partnership agreements. The appropriation in this subdivision is from the General Fund. Subd. 28. Local Initiative Grants 8,350,000 For matching grants to be provided to local units of government for acquisition, development, or renovation of a capital nature of local parks, trails, and natural and scenic areas. Recipients must provide a match of at least one-half of total eligible project costs. The commissioner shall make payment to local units of government upon receiving documentation of reimbursable expenditures. The commissioner shall determine project priorities as appropriate based upon need. $2,000,000 of this appropriation is for grants to units of government to acquire and develop outdoor recreation areas. $2,000,000 of this appropriation is for cooperative trail grants of up to $50,000 per project for trail linkages between communities, trails, and parks. $4,000,000 of this appropriation is for regional =v r trail grants of up to $250,000 for locally funded • trails of regional significance. • s1; $100,000 of this appropriation is for grants to units of government to acquire and better natural tx and scenic areas under Minnesota Statutes, %► .:�.. " ' 4 ', section 85.019, subdivision 4a. ✓21 $250,000 of this appropriation is from the General ',: ✓ Fund for program grant administration. Subd. 29. Metro Regional Park Acquisition and 9,825,000 Betterment This appropriation is for payment by the commissioner of natural resources to the metropolitan council. The commissioner shall pay the amount on a reimbursement basis to the metropolitan council upon receipt of a certified copy of a council resolution requesting payment. The appropriation must be used to pay the cost of acquisition and betterment by the metropolitan council and local government units of regional recreation open space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.315. $840,000 of this appropriation may be used by the metropolitan council to reimburse Washington County for acquiring St. Croix Bluffs Regional Park in 1997. This appropriation must not be used for research, planning, administration, or tax equivalency payments. • er.. (( t't 44 Section_. Minnesota Statutes 1997, Section 84.027 is amended to read: Subd. 15. Electronic transactions. (a) The commissioner may receive an application for, sell, and issue any license, stamp, permit, registration, or transfer under the jurisdiction of the commissioner by electronic means, including by telephone. The commissioner may: (1) provide for the electronic transfer of funds generated by electronic means, including by telephone; (2) assign a license identification number to an applicant who purchases a hunting or fishing license by electronic means, to serve as temporary authorization to engage in the licensed activity until the license is received or expires; (3) charge and permit agents to charge a fee of individuals who make electronic transactions, and transactions by telephone, including a transaction fee under section 97A.485, • subdivision 6, and a credit card fee not to exceed $3.50 for electronic transactions. (4) select up to four volunteer counties, not more than two in the metropolitan area, to participate in this pilot project and the counties shall select the participating agents; and (5) upon successful completion of a pilot project implement a statewide system and select the pa icipatingagents_ (5) (6) adopt rules to administer the provisions of this subdivision. (b) A county shall not collect a commission for the sale of licenses or permits made by agents selected by the participating counties under this subdivision. SUPPLEMENTAL BUDGET BILL Subd._ The unobligated balance remaining in the appropriation from the taconite environmental protection fund, Laws 1996, Chapter 407, Section . . • 3, as amended by Laws 1997, Chapter 216, • • section 5, subdivision 6, nd the unobligated fr. balance remaining in the appropriation from the • ti all-terrain vehicle account, Laws 1996, Chapter' 407, Section 3, to plan, acquire, develop, and operate the Iron Range off-highway vehicle recreation area and to conduct the feasibility study shall not cancel but be made available until June 30, 1999. • . Iy. c . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Orchard Park West MEETING DATE: February 3, 1998 INTRODUCTION: Laurent Builders, Inc. seeks approval of the preliminary plat of Orchard Park West. The public hearing on the request was held is matter before the Planning Commission on July 24, 1997. Please find attached for your reference a copy of the July 24, 1997, Planning Commission staff report. The conditions to be met prior to review by the Council have been addressed by the applicant. Also please find attached for your reference, a copy of the revised preliminary plat drawing, as required. The revision includes all areas intended for the construction of private streets as outlots. ALTERNATIVES: I. Approve the preliminary plat with the following conditions: a) 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: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) 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. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. is\commdev\cc\1998\pporpaw.doc f) 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 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) The VIP connection fees shall be paid prior to the recording of the Plat. iii) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code. v) The conditions outlined in Planned Unit Development approval resolution(Resolution No. 4728) shall be adhered to. vi) The shared driveways within the development are approved subject to the following condition: a) A property owners association or maintenance agreement for the driveway 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. II. Approve the preliminary plat with revised conditions. III. Do not approve the preliminary plat. IV. Table the request for additional information. PLANNING COMMISSION RECOMMENDATION: The Commission recommended approval of the proposed preliminary plat with conditions (Alternative No. 1). ACTION REQUESTED; Offer and approve Resolution No. 4836 approving the preliminary plat with conditions. R. Michael Leek Community Development Director is\commdev\cc\1998\pporpaw.doc RESOLUTION NO.4836 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR ORCHARD PARK WEST WHEREAS,Laurent Builders,Inc.,the applicant and the Estate of Ronald Pieper, owner of said property,have applied for preliminary plat approval; and WHEREAS,the property for which the request is being made is legally described as The Southeast Quarter of the Southeast Quarter and the South half of the Northeast Quarter of said Southeast Quarter both in Section 12, Township 115,Range 23, Scott County,Minnesota EXCEPT that part embraced within Minnesota Department of Transportation Right of Way Plat No. 70-2 and EXCEPT that part of the Southeast Quarter described as follows: Commencing at the southeast corner of said Southeast Quarter of Section 12, Township 115, Range 23; thence northerly, along the east line of said Southeast Quarter, a distance of 990.58 feet to the point of beginning of the land to be described; thence deflecting left 90 degrees a distance of 554.50 feet to the west line of the east 554.50 feet of said Southeast Quarter; thence deflecting right 90 degrees, along the west line of said east 554.50 feet of the Southeast Quarter, a distance of 400 feet; thence deflecting right 90 degrees a distance of 554.50 feet to said east line of the Southeast Quarter; thence southerly, along said east line of the Southeast Quarter a distance of 400 feet to the point of beginning. 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. WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Orchard Park West on October23, 1997, and has recommended its approval with conditions; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Orchard Park West is hereby approved, subject to the following conditions: 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: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. i:\commdev\cc\1998\pporpaw.doc b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) 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. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) 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 1997 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) The VIP connection fees shall be paid prior to the recording of the Plat. iii) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code. v) The conditions outlined in Planned Unit Development approval resolution(Resolution No. 4728)shall be adhered to. vi) The shared driveways within the development are approved subject to the following condition: a) A property owners association or maintenance agreement for the driveway 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:\commdev\c61998\pporpaw.doc 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\commdev\cc\1998\pporpaw.doc E C° o ze Li_ 1 .- a i F\ H coQ7 Z m ; a lti. Q� I n # y c, 4 ' c`ttr M Z NIY I bl 3S 1: d r "b .� '' ! u i O I f o0)03O1oa1 }°' ° � I � Ilfq'� III' I � ' �� z M U ms; a ?gg rN. WA a1 ' j I I n `' 10:� $ g CZ N Ir. 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BE LOT NO‘ BE LOT NO, BLOCK 1 BLOCK 4 BLOCK 8 BLOCK 12 1 4,928 1 6,388 14 3,150 1 13,529 2 4,232 2 7,267 15 3,150 2 11,225 3 4,100 3 6,876 16 3,150 3 11,174 4 4,072 4 6,853 17 3,150 4 10,491 5 4,224 5 6,685 18 3,150 5 10,007 6 4,122 6 7.187 19 3,150 6 19,019 7 4,042 41,256 20 3.150 7 15,156 8 5,256 62,792 8 26,676 9 4,686 BLOCK 5 9 16,206 10 5,037 1 8,501 BLOCK 9 10 11,889 11 3,749 2 7,871 1 9,552 11 11,903 12 3.191 3 8,291 2 8,101 12 11,877 51,639 4 7,981 3 7,749 13 18.308 5 8,463 4 7,937 187,460 BLOCK 2 6 9,434 5 7,801 1 3,056 7 8,568 6 6,475 BLOCK 13 2 3,463 8 7,485 7 6,495 1 13,900 3 3,175 9 9.478 8 6,475 2 11,213 4 3,059 76,072 9 8,547 3 11,792 5 2,885 10 8,353 4 12,150 6 3,129 BLOCK 6 11 8,410 5 24,247 7 3,091 1 3,150 12 8.103 6 22,133 8 3,026 2 3,764 93,998 7 22,603 9 3,430 3 3,684 8 11,724 10 3,433 4 3,874 BLOCK 10 9 9,310 11 3,450 5 3,767 1 7,424 10 9,432 12 2,979 6 3,529 2 7,539 11 9,435 13 3,291 7 3,538 3 7,642 12 11.778 14 3,308 8 3.150 4 7,159 169,717 15 3,304 28,456 5 7,813 16 3,185 6 7,627 BLOCK 14 17 3,200 BLOCK 7 7 7,252 1 26,204 18 3,267 1 3,150 8 7,589 2 21,438 19 3,172 2 3,021 9 8,168 3 35,971 20 3,252 3 3,106 10 7,555 4 61,833 21 3,126 4 3,088 11 6,965 5 46,592 22 3,168 5 3,080 12 7,202 6 22,144 23 3,148 6 3,055 13 6,748 7 10,915 24 3.096 7 3,150 14 9.111 8 12,334 76,693 8 3.150 105,794 9 17.568 24,800 254,999 BLOCK 3 BLOCK 11 1 3,459 BLOCK 8 1 3,566 2 3,535 1 3,150 2 4,320 3 3,479 2 3,150 3 4,142 4 3,378 3 3,150 4 4,072 TOTAL LOT SF'S 5 3,434 4 3,150 5 4,040 1,261,434 6 3,364 5 3,150 6 3,664 7 3,380 6 3,150 7 3,626 8 3,511 7 3,150 8 3,540 c-� ng ��'V 1 v 9 3,455 8 3,129 9 3,493 10 3,403 9 3,116 10 2.923 ..w. d 5 1998 11 3,551 10 3,128 37,386 12 3,724 11 3,097 13 3,694 12 3,102 14 5.005 13 3,120 , 50,372 CONTINUED Page 1 of 2 ORCHARD PARK WEST-LOT SQUARE FOOTAGES LOT NO. af OUTLOT A 49,050 OUTLOT B 76,747 OUTLOT C 6,146 OUTLOT D 28,102 OUTLOT E 133,661 OUTLOT F 61,959 OUTLOT G 85,186 OUTLOT H 15,175 OUTLOT I 26,624 OUTLOT J 16,590 OUTLOT K 26,974 OUTLOT L 165,010 OUTLOT M 1,515 PUBLIC RNV 296,447 (6.805 AC) OPEN SPACE 566,942 (13.015 AC) (OUTLOT C THRU M) TOTAL SITE 2,250,620 (51.667 AC) TOTAL- R/W 1,954,173 (44.862 AC) TOTAL UNITS 171 DENSITY 171 UNITS/44.862 AC = 3.812 DU/AC Page 2 of 2 / . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Orchard Park West DATE: October 23, 1997 Site Information: Applicant: Laurent Builders, Inc. Location: West of Fuller Street and north of Highway 169(See Exhibit A) Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Highway 169 Right-of-Way East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp.Plan: 1995: Single Family Residential Area: 51.6 Acres MUSA: The site is within the MUSA boundary. Introduction: Laurent Builders, Inc. is requesting Preliminary Plat approval for a development consisting of 75 lots for single family residential development and 94 lots for twin homes (see Exhibit B). The underlying zoning on this property is Urban Residential (R-1B). The proposed development is located west of Vierling Drive and north of Highway 169. Considerations: 1. The subject site is 51.6 acres in size. The underlying zoning of the property is Urban Residential, however, the Planned Unit Development (PUD) for this site was approved by the City Council on September 2, 1997. Please see attached, as Exhibit C, a copy of Resolution No. 4728. This resolution approved the PUD and states the conditions which were attached to the development as part of the approval. 2. The proposed development provides a net density of 3.75 dwelling units per acre. This density falls below the maximum allowed under the PUD approval for the site. 3. The Preliminary Plat generally conforms with the approved PUD, however, there are a few revisions that need to be made to the plat drawing. a) The single family lots south of Vierling Drive indicate a 20 foot rear yard setback on the Preliminary Plat. The PUD (while it allowed some variations) did not approve any variances to the required 30 foot rear yard setback. Therefore, this portion of the Preliminary Plat should be redrawn to include a 30 foot rear yard setback for all single family development areas. b) Lot and block numbers need to be provided on the plat drawing. c) Areas to be included in the Common Interest Community (CIC) plat should be identified as outlots. d) Areas designated for the construction of private streets shall be identified as outlots. e) Areas to be included as the common open space required by the PUD shall be identified as outlots, independent from the above referenced CIC and private street outlots. The applicant shall also provide the sizes of each of these outlots in order for staff to verify that the open space requirement has been met. f) MnDOT has commented that their right-of-way boundary for Highway 169 is not accurately depicted on the plat drawing. This information should be revised accordingly. g) Lot 3 on Fireside Court does not appear to meet the 60 foot lot width requirement. The plat should be revised to provide the 60 foot requirement. h) The applicant is required to submit lot area information for each of the lots and outlots. i) The preliminary plat should identify all permanent and temporary easements currently on the property, as well as those proposed with the plat. 4. The Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit D. 5. The subject site has a VIP assessment balance, a pending assessment for Fuller Street, and a VIP connection fee. The VIP connection fee must be paid prior to the plat being recorded. 6. The Building Official has commented that a separate permit shall be required from the Building Department for sewer and water on private property and private streets. 7. MnDOT has commented that no grading shall be allowed within their right-of-way and that the applicant will be required to obtain a MnDOT storm drainage permit. They have also further commented that the noise berm proposed for construction may add drainage to the MnDOT right-of-way. Further analysis is needed to ensure that no sedimentation will be added to the MnDOT property. 8. The applicant has submitted a landscape plan for this development. The landscape plan should be revised to include plant sizes as required by Section 11.60 of the City Code. Without the applicant providing the building square footage proposed in the development, staff is unable to adequately review the landscape plan. The applicant should provide these calculations to staff for its review. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Orchard Park West, subject to the following conditions: a) Prior to City Council review of the Preliminary Plat: i) The single family lots south of Vierling Drive indicate a 20 foot rear yard setback on the Preliminary Plat. The PUD (while it allowed some variations) did not approve any variances to the required 30 foot rear yard setback. Therefore, this portion of the Preliminary Plat should be redrawn to include a 30 foot rear yard setback for all single family development areas. ii) Lot and block numbers need to be provided on the plat drawing. iii) Areas to be included in the Common Interest Community (CIC) plat should be identified as outlots. iv) Areas designated for the construction of private streets shall be identified as outlots. v) Areas to be included as the common open space required by the PUD shall be identified as outlots, independent from the above referenced CIC and private street outlots. The applicant shall also provide the sizes of each of these outlots in order for staff to verify that the open space requirement has been met. vi) MnDOT has commented that their right-of-way boundary for Highway 169 is not accurately depicted on the plat drawing. This information should be revised accordingly. vii) Lot 3 on Fireside Court does not appear to meet the 60 foot lot width requirement. The plat should be revised to provide the 60 foot requirement. viii) The applicant is required to submit lot area information for each of the lots and outlots. ix) The preliminary plat should identify all permanent and temporary easements currently on the property, as well as those proposed with the plat. 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: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) 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. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) 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 1997 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) The VIP connection fees shall be paid prior to the recording of the Plat. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. v) The conditions outlined in Planned Unit Development approval resolution (Resolution No. 4728) shall be adhered to. vi) The shared driveways within the development shall require approval from the Board of Adjustment and Appeals. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Orchard Park West,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Orchard Park West. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Orchard Park West, subject to conditions,to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Orchard Park West, subject to conditions,to the City Council, and move its ap• oval. /A/in& / ulie Klima Planner II is\commdev\boas-pc\1997\oct23\ppopwest.doc 10001_,:u1--- It. 1 • .sat-;-itill a %0 ITari...\ 1.71116•611 O 11 %Iiiiiinin WI Ill.111 lAel .1.I UM ' 'MB OS 1101,, . - .77M ....,...., MOO Us EXHIBIT A • le CO-- 1 illa Irsric ea im---.-- :A lat In —•mr.F.-,, maw iga .., , my, mon SOO • , teir. =Es um 12 RI • gaga ...,_ _ IN am! CEllwaSTSIed. MOM s i • HIM! !IIII: :1111: alami i - • . raC3177 1 irs go; Milli MIMI. ' i .....1.,... mr•v•mrs Nor.4.-.. ...inn mita ftlIk 1 mnim minumwm 4••••••= 1 %431134 '-' rmg MEM millogimmil rulirj 8 7 .....,...• ...m.o. mom= immommo im, is 1 R3MilWO 11M1M9 MEN , MI EMU * i•6.6 11311" ..3 ta .!.....L.. mil. 1 is billi hitit3 linii a of IIII • _tL_. • . • t , __ „Wil ' 62 1 t NM . -- , _ _.2. swam "till -- —L - ........, ' 11111111 I I WWI 14031 ? ,—= - 1.i .2 in ........„ * 5 * a ,., swEDIE7 1 in a alWid ft , ft ,avoirren sow. sr. el Nana CDIETET7 ff „,i02223w11 _ I Fill1111111111111 . griping - 19 411111 ! 4 1# 011iiii2O ,,-, ,,,-- rip, _ .••.• 44 . U Illigilla 4,3„N.9. i ..... hi dies NI *V1137 . FCCL ill 111— iThv.:st., IN ai&T al . 1 " . IIII INIIM '2 ' - 5 LI(E1-.+Ei I n1 rug . 1 R 1 V " . killift i i ‘1 4 Ld P .p . inARK 112 , 1 - aavoSA 1 #A ta. , 1 EwICIONP::-I 1 pi as musi •• 1 dibman awl •7.,.(c-1 _ .:, L • SUBJECT SITE> LEGEND III ' Ili7 .-.r..:..i er!yHi a Zones R 1 B IF.sis,...AR. p„wy \ •-----,,• , Ler:culture . ,.. . ., 111101111kili BRAESURN L • RR ; R:_:rc! Res:de:nt:ci VE SEWN DRI , al 11414.9. R' L l Low r.Densty Res:denticl A G r APPLEBLOSSCU LANE . a . Na .---R1 -: Urbcn Resident:el .4 77 Old Shckocee Residentici I i 7-2-1 Medium Density Residentic! 1 , 1 1 I R.3 1 Muitiple Fernity Resident:ci _.------_ ! a 1 I Highwoy Business 22 1 Office Business { 23 1 Centrcl Business F.771 Light Industr'ci '2 I Hecvy industricl . : Vejor Recect'on Overlcv Zones —S-5,-.c,eicrd —r —: :::;cin Dst-let .. . i - . .• . . :-.3 C,.e.-:cj I ---" - . • 1,...,4-AEL.1,-,te 32,713,-,V-3-I--,11-'4,--4.-....t....Awm,so:4_ EXHIBIT C RESOLUTION NO. 4728 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#13,ORCHARD PARK WEST WHEREAS,the Estate of John M.Pieper is the owner of said property and Laurent Builders,Inc. is the applicant; and WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Orchard Park West on August 7, and August 21, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, t'HEREFORE,BE IT RESOLVED BY t Ht, CITY COUNCIL OF 1 Hr, CITY OF SHAKOPEE,MINNESOTA, as follows: That the Planned Unit Development Overlay District#13, Orchard Park West is hereby approved subject to the following conditions: 1. Prairie Spy Circle be renamed with the Preliminary Plat application to provide a name which does not conflict with existing streets within the City of Shakopee. 2. Net density for the development is limited to 3.81 dwelling units per acre overall. 3. Common open space areas shall be provided which are available and accessible to all residents of the development shall be required. A total of 10.4 acres of common open space shall be provided within the development. 4. The construction of twin homes shall be allowed in conformance with the PUD plan received by the City on July 28, 1997. 5. McIntosh Circle, McIntosh Court, and Regent Drive shall be constructed as private streets to the following standards: a) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet in length then a turnaround is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet with parking on both sides. EXHIBIT C RESOLUTION NO. 4728 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#13,ORCHARD PARK WEST WHEREAS,the Estate of John M.Pieper is the owner of said property and Laurent Builders,Inc. is the applicant; and WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Orchard Park West on August 7, and August 21, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,"i HEREFORE,BE IT RESOLVED BY 1"Hk, CITY COUNCIL OF 1-HL. CITY OF SHAKOPEE, MINNESOTA, as follows: That the Planned Unit Development Overlay District#13, Orchard Park West is hereby approved subject to the following conditions: 1. Prairie Spy Circle be renamed with the Preliminary Plat application to provide a name which does not conflict with existing streets within the City of Shakopee. 2. Net density for the development is limited to 3.81 dwelling units per acre overall. 3. Common open space areas shall be provided which are available and accessible to all residents of the development shall be required. A total of 10.4 acres of common open space shall be provided within the development. 4. The construction of twin homes shall be allowed in conformance with the PUD plan received by the City on July 28, 1997. 5. McIntosh Circle, McIntosh Court, and Regent Drive shall be constructed as private streets to the following standards: a) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet in length then a turnaround is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet with parking on both sides. 20. The Homeowners Association must contract for the snow removal of private streets. The contract must provide for the private streets to be plowed curb face to curb face to allow for emergency vehicle access on the private streets. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Planned Unit Development and Developer's Agreement. Adopted in n,11.614160) session of the City Council of the City of Shakopee, Minnesota, II held the aro day of ,�,fyt) , 1997. /.. ayor of the City of Shakopee ATTEST: d- • () Ci \Clerk PARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Must be less than 500 feet long. Minimum setback from back of curb is 20 feet Will not be turned over to the City in the future. b) Private Street. Defined as an access for units with more than one access. Minimum width 28 feet with parking on one side. Minimum setback from back of curb is 20 feet. Minimum 7 ton design. Will not be turned over to the City in the future. c) Private Street Jogs. Private street jogs (intersection less than 150 feet) are not allowed. 6. Vierling Drive will be constructed with a width of 50 feet face to face. Per City policy, the developer is responsible for paying the cost for the local street equivalent (36 feet wide face to face), and the City will pay for the oversizing. Because Vierling Drive is on the state aid system, the City shall have the option of constructing the street, and in such case the developer will be required to sign a waiver for the hearing for the Vierling Drive improvements. 7. The pond shall be revised so that the side slope grades are not steeper than 4:1. 8. An overlength cul-de-sac shall be allowed to provide for the construction of Harvest Lane to the western boundary of the PUD. 9. Approval of the PUD does not constitute approval of the development plan depicted for the property labeled as"exception". The development of the exception piece shall require a separate review process. 10. The minimum lot width, front yard setbacks, and side yard setbacks shall be in compliance with requirements of the Urban Residential (R-1B) zoning district. 11. Sidewalk/trail construction shall be required along Vierling Drive in accordance with City policy. 12. Shared driveways shall require review and approval by the Board of Adjustment and Appeals (BOAA). 13. The landscape plan shall be reviewed for compliance at the Preliminary Plat review. 14. 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. 15. Harvest Lane must be constructed to a minimum width of 36 feet face to face. Harvest Court and the cul-de-sacs north of Vierling Drive must be constructed to a minimum width of 32 feet face to face with parking allowed on one side only. 16. Public streets within the development will have a right-of-way width of 60 feet for local streets and 80 feet for Vierling Drive, as required by the City's design standards. 17. The drawings shall be revised to show the private street areas as part of the larger outlots. All private streets shall be maintained by the association for the development. The private streets shall always remain private, and shall not be turned back to the City in the future. 18. All lots abutting a private street must be within a Common Interest Community (CIC). 19. The"temporary" cul-de-sac at the end of Harvest Lane shall meet the City's design criteria for"permanent" cul-de-sacs. „1 0116 / / EXHIBIT D City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer 144" SUBJECT: Preliminary Plat Application-Orchard Park West DATE: October 15, 1997 After reviewing the referenced application,I have the following comments for the applicant,and for the planning department: Streets The street and right-of-way widths are those approved with the PUD. The developer is proposing to construct a temporary street connection off of Fuller Street. This connection will be used until Vierling Drive is constructed,which is scheduled to be constructed next year. Easements Because there are private streets proposed,the sanitary sewer in those areas,and perhaps the water,will be considered private. The storm sewer in the open space areas, is also considered private. Based on plats previously approved for similar developments,these private systems would not be maintained by the City,but by the homeowners association for the development. The easements shown on the final plat shall reflect this policy. The ponding area shall be within an easement,and this easement shall be along the 100-year flood elevation. In the northeast corner of the pond,this easement shall include the entire area from the pond to the backyard property lines. Grading Plan/Erosion Control/Storm Sewer A condition of the PUD approval was a requirement to change the ponds slopes. The pond slopes have been revised on the grading plan. Miscellaneous The applicant has provided information indicating the effectiveness of the proposed berm,in mitigating the sound from Highway 101, and County Road 77. Based on this information,the predicted sound levels will be below the levels allowed by the related noise codes. Recommendation Recommend approval of the Preliminary Plat,subject to the following conditions: 1. The lots abutting the private streets must be within a common interest community(CIC). 2. The following design criteria will be used for the private streets within the development: private Driveway. Defined as a"no outlet"access,with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required(cul- de-sac,hammerhead,etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. private Street.Defined as an access for units with more than one access.Minimum width 28' with parking on one side;or 32' with parking on both sides.Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. private Street Jogs. Private street jogs(intersections less than 150')are not allowed. 3. Vierling Drive shall be constructed with a street width of 50'. Per city policy,the developer is responsible for paying the cost for the local street equivalent(36' wide face to face),and the City will pay for the oversizing. Because Vierling Drive is on the state aid system,the City will be constructing the street,and the developer will be required to sign a waiver for the hearing for the Vierling Drive improvements. 4. The approval does not include the features included in the exception area labeled as"future". 5. Prior to recording of the Final Plat,the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for security for the public improvements,engineering review fees,Trunk Storm Water Charges and other fees as required by the City's 1997 Fee Schedule; 3) The Final Construction Plans and Specifications must be approved by the City Engineer;and 4) The developer shall provide easements,as required by City Code. I' ' 14)• g c0 g 0 nnO ea g e I f- M II Y I . i .w a ti `� I 111 1 s a ' 4 < m N F 9 ,C•I I ; I i • oto;� ��In•i �v. 'II IIMII '. 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'. �'+' ifii, Il l'll, :.::::�:�ii .. " 4 �d. l` ;111'11.,,,,,,v.,,„:II ti N 4' YS 2 ' H J ' 0 41 -- cS e�,� 802.99 :ii..'riiiici: i ..... t�I 031 II t II' • Sfi9 4@•51 W 300.00 , I,i I!r Il -fit\.- 11 -�� 'BIB -• _ .� �•i JIB _ -..r -._i\ moi'_/ - • -. ..M! .. ...BIB - r c.' -;,.../• ,t 6 F • --- =3 89i'JNtH aNnoals�rn'; sur. _.. ._. - z_.-�'--I may, s__ f a r• _�I . ...I . _ id - -- ------ — - 1 Ji¢A ' 11.1 go,y=-y-�.ar.- s1 . ' sK----------- -_--' .... 891f0_A1 \, gg BIO • ` 2 2 P I A 15i9, 1 . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council - ...� Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Speed Zone Investigation on Stagecoach Road DATE: February 3, 1998 INTRODUCTION: On November 18, 1997, City Council directed staff to initiate a study for the speed limit for the section of roadway along old County Road (C.R.) 18, which was recently renamed to Stagecoach Road. Attached is Resolution No. 4833, a resolution requesting the Commissioner of Transportation to conduct a speed zone investigation on Stagecoach Road (previously named C.R. 18), from C.R. 101 to new C.R. 18. BACKGROUND: The City Council directed staff to initiate a speed limit study for this segment of roadway. The process involved in having a speed study conducted involves adopting a resolution requesting a speed zone investigation to be done by Mn/DOT. Staff did review this segment of roadway and has determined that this roadway does not meet the definition of an urban district, thus the speed limit is set by the Commissioner of Transportation, based upon a thorough engineering and traffic investigation study. The definition of an urban district is the territory contiguous to and including any street which is built with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet, for a distance for a 1/4 of a mile or more. In order to proceed with a speed zone study, the City Council must adopt a resolution requesting the Commissioner of Transportation to conduct a speed zone investigation. Historically, the speed limit from these engineering and traffic investigation studies are determined by the speed of the 85th percentile of the traffic speed measured. From these studies, the speed limit can be increased as well as reduced. However, the speed limit on Stagecoach Road is at the maximum of 55 m.p.h. In the Minnesota Statute 169.14, Subd. 5B, Title Segments in Urban Districts, the City by resolution can declare a segment to be an urban district and may establish on that segment the speed limit for urban districts as prescribed in Subd. 2. The maximum speed limit in an urban district is 30 m.p.h. ALTERNATIVES: 1. Adopt Resolution No. 4833, a resolution requesting the Commissioner of Transportation to conduct a speed zone investigation on Stagecoach Road. 2. Deny Resolution No. 4833. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to begin the process for the Commissioner of Transportation to conduct a speed zone investigation, to determine the reasonable and safe speed limit on Stagecoach Road, formerly known as C.R. 18. ACTION REQUESTED: Offer Resolution No. 4833, A Resolution Requesting the Commissioner of Transportation to Conduct a Speed Zone Investigation on Stagecoach Road (Formerly C.R. 18), from C.R. 101 to New C.R. 18 and move its adoption. : ce Loney Public Works Director BL/pmp MEM4833 RESOLUTION NO. 4833 A Resolution Requesting the Commissioner of Transportation To Conduct A Speed Zone Investigation On Stagecoach Road (Formerly C.R. 18) From C.R. 101 To New C.R. 18 WHEREAS, a request from residents along Stagecoach Road has been received by the City of Shakopee to consider a reduction in the speed limits; and WHEREAS,the City of Shakopee has approved a Memorandum of Understanding on the jurisdictional transfer from Scott County of Stagecoach Road, from C.R. 101 to new C.R. 18. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that pursuant to the provisions of Subdivision 5, Section 169.14 of the Highway Traffic Regulation Act, the Commissioner of Transportation, upon the basis of an engineering and traffic investigation, be and hereby requested to authorize the erection of appropriate signs designating a reasonable and safe speed limit upon the following described highway: Stagecoach Road(formerly C.R. 18), from C.R. 101 to new C.R. 18 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 Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: C.R. 16 Assessment Appeal Settlements DATE: February 3, 1998 INTRODUCTION: Associated with the County Road (C.R.) 16 Sanitary Sewer and Water Sewer Service Project, there were several assessment appeals from property owners on this project. The City Attorney has negotiated settlements on several of the parcels for Council consideration. BACKGROUND: C.R. 16 sanitary sewer and water improvements were authorized by City Council in 1995 and the assessments adopted for this project on December 3, 1997. The concrete curb & gutter assessments for C.R. 16 were adopted at the November 19, 1996 City Council meeting. Attached to this memorandum is a proposed settlement of special assessments as recommended from City Attorney, Jim Thomson. The City Attorney and staff is recommending the settlement offers on 17 parcels to be considered for Council approval at this time. The total revised assessment for sanitary sewer and water assessments, as compared to the original total assessment, and the difference is shown on the attached proposed assessment appeal settlement sheet. The total amount of assessment for these parcels was originally $321,021.47. The total proposed settlement of assessments is $276,453.32 or a difference of$44,568.15. In addition, on six parcels with existing on- site sewage treatment system and existing wells, it is proposed to pay an additional $400.00 for the appraisal fees with the proposed assessment settlement and this amounts to another $2,400.00. Also, the property owner's attorney has requested a one year's interest at the same rate the City charges on the assessment differential be added to the settlement. The City Attorney and staff feel this is a reasonable request. The total assessment appeal settlement is $49,753.66 including interest. Staff is recommending that Council consider these assessment reductions and direct staff to prepare payment for each individual property owner in the amount listed on the spreadsheet and send checks to the City Attorney for proper distribution in this matter. Sanitary sewer funds will be used in making the payments. ALTERNATIVES: 1. Approve the assessment settlement as proposed and direct staff to prepare the payments to the property owners, as listed on the attached settlement spreadsheet for distribution by the City Attorney. 2. Do not approve the proposed assessment settlement and direct staff to renegotiate. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as proposed settlements have been determined by the City Attorney and the property owner's attorney. ACTION REQUESTED: Move to approve the payment of assessment settlement to the property owners, as listed on the attached spreadsheet, with payments to be distributed by the City Attorney. Bruce Loney Public Works Director BL/pmp PAYMENT "0 A N N N V V V t.3 S O O V V V V V m m to 0D m ao io do _. 0 b o 0 0 00o 00o o g o co 3 O o O O O o N tt O CO V 0) 01 N 0) W 0 0 O O O O 0 0 O O o 0 y cn N L 0 14 2 fn N O (PP.) 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CITY OF SHAKOPEE Memorandum CON�ENT To: Mark McNeill, City Administrator FROM: Mary Athmann, Assistant Fire Chief /,l 771 SUBJECT: Station#2 Audio/Visual Equipment DATE: January 26, 1998 INTRODUCTION: With the addition of the second fire station the Fire Station Building Committee has included a training/meeting area for which equipment will need to be purchased. BACKGROUND: The annual level of training required to be maintained by volunteer fire departments far exceeds the standards of several years ago. The Fire Station Building Committee has included in the new station the ability to provide a state of the art training and meeting room which is to be equipped with the appropriate audio/visual products. The Fire Station Building Committee has secured three (3)proposals for the specified equipment. The bids where from Tierney Brothers, Inc. under the State of Minnesota A/V contract#414243 for$18,507.37, EPA Audio Visual, Inc. for $18,987.00 and Total Audio Visual Services for $27,394.99 RECOMMENDATION: The members of the Fire Station Building Committee recommend purchasing the specified audio/visual equipment as listed on the attached proposals from Tierney Brothers, Inc. for a total price included sales tax of$18,507.37. ACTION REQUIRED: A motion from City Council to purchase the specified audio/visual equipment from Tierney Brothers, Inc., for$18,507.37. i-t.. TIERNEY BROTHERS 687 P02/02 JAN 05 '98 16:58 -riERne9 . BROTHERS INC (612)331-3500 VISUAL PRESENTA'TIONI-800-9334337 C1D/DRAFTING&GRAPHICS PRODUCTS Fax(612)3111.3424 -.-- -----.-- DO 40 3300 University A.vanuat SE 1111110 Minneapolis MN 55414-3326 Date : 01-05-98 N' Quote for - Company : Shakopee Fire Department Street : 2700 Vierling Drive City,St,Zip : Shakopee, MN 55379 Contact: Marvin T.Athmann Phone:612-445-1988 ext. Fax 612-445-7767 Qty._ Part 8 . DesortptIon ..... .. . . .. . . lietail Your PrIce Total Price 1 PitT5P5i00 ;Proxima-- 5800 Desktop Proj. $8999.00: $75-999:25, i5999.25 1PBM-863 'Ceiling.Mount for 5800 Projector $260.90 i uso.00: $250.00 1 ASA-2448 Adjustable Supension Adapter $250.00 $225.00 $225.00 1. Sound System,4 Ceiling Speakers $315.00, $315.00 $315.00 . 1 FlexCam Camera $695.00' $495.00. $495.00 1 Insta Portable Screen 60w Front 5399.00! $350.00 $350.00 1 . Mindpath IR50 Remote Mouse Control $149.00 5125.00. $125.00 1 i ERP ,1 Year Emergency Response Program $495.00i $0.00. $0.00 1!24extwer 24 Month Extended Factory Warranty , si000. $0.00.* $0.00 1 40750 Da-Ute Boardroom Electric Screen 10'x101Matte Wt $1845.00. $1496.00, $1598.09 1 Installation of Ceiling mount projector,screen and speakers $1800,90 . $1800.00, $1800.00 1 .11VM-370 Lepel Mb . , $370.00 $284.00, $264.00 1 T-780 ,Scout Receiyer WS-SH-1 , , $598.00 $427.00 $427.00 1...WM-270 Hand held wireless Nile . $370.00.,... $264.00 $284.00 ,. . . ... . 1 WT-780Scout Receiver WS-SL•1 $588.00i $427.00. $427.00 1;TOAA-903MK2 ,Toe 903 Amplifier with modules for TV,VCR,Mic,Computer $820,00: $552.00 $55200 1 Ei,K850-5 i Elkay Equipment Rack ! $124.36 $95.00; $95.00 1 , Cable/WaIl plate Pacltage(see page 2) , $102793. .89 ,5€, . 5891:56 1 400AF ,Elmo Pres . enter $3695,09 $3996.09. $3095.00 1 4107,,4eoth 4 head VCR . $295.00; $205.00, $205.00 Package value 0 $24118.29. SubTctal $17377.81.. Tax Rate 0.065 Note:Available ander Minnesota Alv contract Sales Tax , $1129.56 Number-414243 . i Shipping : Total i $18507.37 Sincerely, . . Sales Representative . . .. . I , • • - . 1 01/18/98 17:09 FAX 612 477 4395 EPA AUDIO VISUAL 1001/002 E BOX 40-7910 HIGHWAY 55-ROCKFORD,MN 65373.0040 METRO(612)477-6931 (612)477-4395-FM800-362.3674-WATS AUDIO VISUAL INC. January 9, 1998 Shakopee Public Utilities Attn: Marvin Athmann 1030 East Fourth Avenue Shakopee, MN 55379 Fire Station Training Room • Quantity Description Price Each Amount 1 Sharp XG-E 1200U LCD Projector $6,450.00 1 Sharp AN-XGCM20 Ceiling Bracket 193.00 1 Sharp AN-EP101AP Extension Tube 74.00 1 Extron P2/DA2 Plus Distribution Amplifier 230.00 1 Extron 26-112-04 100' VGA Cable 236.00 1 Winsted V8811 35"Econo Rack With Shelves 647.00 Blank Panels 1 Panasonic WJ-220R.Video Switcher 340.00 1 TOA A912MK2 Mixer Amplifier 562.00 I TOA MB-25B Rack Mount Kit For A912MK2 24.00 3 TOA U-01R Line Input Modules 27.00 • 81.00 5 TOA M-01F Microphone Modules 54.00 270.00 18 Quam C5/B70/W Speakers 16.00 288.00 18 Quam SSB-2 Mounting Supports 5.00 90.00 18 Quam ERD-8 Back Boxes 7.50 135.00 1 Rane GE-130 Equalizer 418.00 1 Elmo EV-400AF Visual Presenter 2,665.00 ti 01/16/98 17:09 FAX 612 477 4395 EPA AUDIO VISUAL @1002/002 EPABOX 40.7910 HIGHWAY 55•ROCKFORD,MN 55373.0040 AUDIO VISUAL INC. Fire Station Training Room (Page Two) Quantity Description Price Each Amount 1 Sharp XA-605A VCR 248.00 1 Dalite 10' x 10' Boardroom Electrol Screen 1,640.00 1 TOA WT-870 True Diversity Receiver 337.00 2 TOA WTU-870 True Diversity Tuner Modules 208.00 416.00 (2 Frequencies) 1 TOA WM-270 Handheld Microphone 222.00 1 TOA WM-370 Lapel Microphone 222.00 1 TOA?W-600 Whip Antenna 26.00 1 TOA BK-014B Half Width Blank Panel 54.00 • 1 TOA MB-14 Rack Mount Brackets 17.00 1 TOA WP-860 Tuner Panel 37.00 Miscellaneous Materials -Cables,Connector, 330.00 Hardware,Etc. I Installation-Build to Described Specifications 2.735.00 Total 18,987.00 TAVS TOTAL AUDIO VISUAL SERVICES SUMMARY OF PRICING FOR PRELIMINARY SYSTEMS A. Base System (Manually Operated)- System Price 1. Video/Data Projection System $11,007.65 2. Monaural Program Sound & Voice Reinforcement Sound Systems 6,158.90 3. Electric Front Projection System 1,412.76 4. Miscellaneous Audio Visual Products 6,335.68 Preliminary Base System Total $24,914.99 Design and Engineering for Base System 1,800.00 Estimated Travel Expenses and Freight 680.00 PRELIMINARY GRAND TOTAL FOR BASE SYSTEM $27,394.99 (includes $1,263.99 in Tax) B. Automated Options for Base Audio Visual System- 1. Remote Control System $7,186.68 2. Electronic Lighting Dimmer System Option 3,816.26 Preliminary Total for Automated Options $11,002.94 Design and Engineering 2,250.00 Estimated Travel Expenses and Freight 180.00 PRELIMINARY GRAND TOTAL FOR AUTOMATED $13,432.94 OPTIONS (includes $429.94 in Tax) 10 Is . /. ,� CONSENT CITY OF SHAKOPEE TO: Mark McNeill, City Administrator FROM: Marvin Athmann, Assistant Fire Chief JY SUBJECT: Wiring for Telephone System and Telephones DATE: January 25, 1998 INTRODUCTION The wiring for the telephone and the telephones were not included in the construction specification for the second fire ,station. BACKGROUND: The need for a telephone system in the second fire station is apparent. The Fire Station Committee has secured three proposals for wiring the phone system of the second station and for the telephone system. The quotes for the wiring of the phone system where from TDS Telecom for $4,014. 00, Techpower, Inc. for $4,363.00 and Action Systems for $4,533 .00. The quotes for the telephone system where from Commworld for (phones $3,955 and phones and voice mail $7 ,275) , Action Systems for (phones $4.490 and Phones and voice mail $7 ,600) and Wiltel for phone and voice mail $10,862. RECOMMENDATION: The members of the fire station building committee recommends purchasing the wiring_ of the phone system from TDS Telecom for a total prices of $4,014. 54. The committee also recommends purchasing the phone system from Commworld for $3,955.00 plus tax. ACTION REQUIRED: Council motion to purchase wiring of telephone system from TDS Telecom, and purchase telephone system from Commworld for$3,955,plus tax. TDS TELECOM Data Technologies Estimate 114 Thomas Park Drive PO Box 900qq DATE ESTIMATE Monticello, MN 55362-0900 ( .) R 1 N d 9/24/97 3 NAME/ADDRESS Shakopee Fire Hall option I PROJECT ITEM DESCRIPTION OTY COST AMOUNT MARKUP TOTAL ibis option is to provide a Category 5 installation throughout the building.(Cubic -Jacks) Cable CATS Category 5 Cable 7,125 0.24 1,710.00 16.00% 1,983.60T Hub 1115815 Jack CatS 81 2.92 236.52 16.00% 274.36T Hub FP1.12 2-pori faceplate 25 0.93 23 25 16.00% 26.97T Huh FPL1 I 1-port faceplate 6 0.93 5.58 16.00% 6.47T Hub I I OBLK... 110 block 100pr field term.kit 1 16.76 16.76 16.00% 19.44T Hub MCCF3... 32 port unloaded patch panel 1 43.30 43.30 16.00% 50.23T Labor Reduced Discounted Labor Rate for Police!Fire 50 30.00 1.500.00 1,500.00 Institutions MN Sales Tax 6.50% 153.47 TOTAL 54.014.54 ..-., • -, cte47.c- GF7. 7To T .I.Ainl.4 . iAin-re.l.vrl ri 1. ,40q :1'1) /..6-1x7-de Techpower, Inc. —4510 West 77th Street• Minneapolis,MN 55435• TEL:(612)831-7444• FAX:(612)831-8621 • http://www.techpowerjobs.com November 17, 1997 Mr. Ken Burg ANCHOR GLASS 4108 Valley Industrial Blvd. North Shakopee, MN 55379 BID * Install (4) single Voice location 4PR level 5 Plenum wire. * Install (21) dual Voice data locations 4PR level 5 Plenum wire. * Install (6) Radio locations 2-PR 20 gauge stranted Plenum wire. * Mark and test all locations. TOTAL COST: $4,155.00 Per your request, separate bid: * (1) 24 port level 5 Patch Panel with wall bracket $180.00 * (3) 66 M 150 Blocks. • $28.20 If you have any questions, please feel free to call me at 831-7444. 17763 Sincerely, TECHPOWER, INC. Dick Boumeester Project Manager DB:kb ri a.'sr T'I`C 73 r-,. kr 12 • 128 33308Tel togo4,'-o To Uo•d Eloetrooto S •tomeThis� tx vono — PROPOSAL FOR: Page 1 Dated: 11/20/97 :Rev. 1 Ken Berg Shakopee Public Utilities 1030 E. 4th. Ave. Shakopee, MN 55379 TELEPHONE, DATA and RADIO SYSTEMS CABLING 28..Voice.Locations to include individual Category 3 -.4 pair twisted voice cabling to be incorporated in wall jacks and combined with data jacks where specified. 24 Data (Computer) Locations to include Category 5 - 4 pair twisted computer cabling 'to be incorporated in wall jacks and combined with voice jacks where specified. 8 Radio Locations to include 20 gauge or larger cables from room 004 Dispatch to s � `speaker locations per plan. No speakers have been specified at these locations. f";;;''x �� 48 Port Category 5 Patch Panel to allow easy changes of computer locations. Provides a `'plug and play" :method for changes of networked computers and k x = xs provides the most reliable means of termination at the head end. r ;:1 3/4"x4'x8' Painted plywood backboard. All:.voice jacks are terminated on 66 Blocks in preparation for telephone system ;installation. Data jacks will be terminated on patch panel listed above. Radio cables �z` will be dressed down without head-end or speaker end termination. Includes: Materials (all wire will be plenum�type), Installation labor, Category 5 testing,. 15 year performance guarantee on all Voice/Data cabling & terminations, and lifetime guarantee on jacks and certification (where customer specifications allow). This proposal assumes access to all locations and between floors Does not include labor or • materials for conduits, floorjack locations or firewall insertion if no provision has been made. A copy of the floor plan will be left in the switch room upon completion of project. Voice/Data/Radio Cabling Total $4,533.00 + Tax • 44, its s kicT1ofl TE Ya °�� A Division of Action Toloeom,Inc* 01/),9i1998 10:07 6123682835 COMMODRLD PAGE 01 Post-hr.Fax Note 7671 Dta,./q �g ,. 23 (pl.-9 Ult° • �y*Y kaig,0 e. Co.• � Moe• • Phone I CoiGMlNIGmo WORLD .Om 87COMMWORLD� �„� � �� ,�f��:-�-ex�:.,��sw�ro 'lkoomoer' �.n <<i�` _ 0460.Iui a m sssie - -. Eve.Pave SALES Ocwct 612.941.9829 COPORITE Ornce 612368.4696 rn.:61 .W.r^8'►s+ A Toshiba DK40 Digital Telephone System Proposal for Shakopee Fire Dept DK40 Digital telephone System equipped for for 4 Co Lines and 24 digital stations and common equipment. Maximum capacities - 12 analog CO lines, 24 digital stations, 4 analog ports Common Equipment 1 40 Main Cabinet @ $660 1 TCOUle module for 4 CO lines 0 $205 1 Expansion Cabinet @ $160 2 'PA Cards for 16 digital extensions @ $440 ea Total Common Equipment @ $1905 Telephones 1 2020SD - 20 Button Digital Telephones with LCD display including speakerphone a $270 ea 7 2010H - 10 button Digital Telephones with Hands Free Answerback on intercom @ $160 ea Total Telephones @ $1,390 installed to prewired, prA jacked, labeled or mapped locations with installed backboard Installation, programming and training 1 year warranty parts and labor Total Equipment is $3,295.00 Installation Labor @ $ 660. 00 Total $3,955 .00 16 Hot Jacks - The 7 2010H •telephones plus the 2020SD master phone can be plugged into any of the 16 hot jacks and work j>Iiet fine on incoming and outgoing calls . Multi use of the fax line - A modem and fax device could share line 3 with the phone system with a device called THE STICK. All modem calls go to the modem, fax transmissions to the fax and voice calls, incoming and outgoing to line 3 of the phone system. One US West Telephone line V $55 per month does the work of 3 US West lines with THE STICK. Installed cost is $250. *3P° Huy lu , 37 U5:U4PH WILIEL NINHEEON N F.e/i norsal SYSTEM SOLUTION 1 Reuse Existing Customer Cable Installation &Wiring Total $2.957.89 System Solution TOTAL SYSTEM PRICE* $10,862.06 *The total system price for this turnkey solution includes training and a standard one-year material and labor warranty but it does not include any applicable taxes. Meridian.Meridian 1,Meridian ACCESS,Ncrciar,NORTE,Northern Telmom and StarTalk are registered trademarks of Nonhcrn Telecom, kf, n t�)C7 t � x65, e� t . �,• alp Fax - 612 '2f 000 f# 812 728.3330 tc { A ::AdvancedElectronic Systems That Are Easy To Use PROPOSAL FOR: _ Page 1 Dated: 11/18/97:Rev. 1 Shakopee Public Utilities Mr. Ken Berg 1030 East 4th. Ave. Shakopee, MN 55379 COMDIAL COMMUNICATIONS SYSTEMS • 1 Comdial Impact 48 Digital Telephone System. Includes: main cabinet, CPU board, main power supply, services board, surge/spike protector, remote maintenance module, & Ram Card. Equipped for 8 CO lines, 16 Impact digital • phones, and/or 2 voice mail ports. May be expanded to 16 lines and 32 phones/voice mail ports. . 1 Enhanced Universal Software Package with advanced features 1 Main attendant station with 24 button Display Speakerphone, 24 lighted programmable buttons, 3 interactive buttons, built-in "Rolodex" to 200 numbers, intercom, paging, and subdued offhook voice announce. A `` 9 Attendant station as above with 12 button Display Speakerphone, 12 lighted `3 4:' ,'", programmable buttons, 3 interactive buttons, built-in "Rolodex" to 200 numbers, f: -;� -z p g -q u a intercom, paging, and subdued offhook voice announce. System Price $4,490.00 Includes: Free consultative Telephone Company service and system configuration, . installation, programming, comprehensive training program, follow up reprogram after 30 days of use at no charge, and two year protection plan. Voice/Data Cabling of the new building is not part of this proposal and will be submitted separately at a later date. S' of r X I., 5 '„Y x;f A Division of Action Telecom,Inc: #iat3, 1, c CITY OF SHAKOPEE Memorandum To: Mark McNeill, City Administrator FROM: Mary Athmann, Assistant Fire Chief SUBJECT: Station#2 Radio Equipment DATE: November 5, 1997 INTRODUCTION: With the addition of the second fire station additional communications equipment will need to be purchased for this building. BACKGROUND: Excellent communications is vital to the day to day operations of the fire department. With the addition of the second fire station additional communications equipment will need to be purchased and installed at the new location. Members of the fire station building committee obtained a quote from Emergitek who is the contracted service provider for the City of Shakopee and Scott County. The equipment requested includes base station radios and related equipment which is the same as currently in use within the present fire station. Emergitek has quoted a price of$4553.06 for the requested equipment which includes installation, tax and delivery. RECOMMENDATION• The members of the fire station building committee recommends purchasing the quoted communications equipment as listed on the attached from Emergitek. ACTION REQUESTED: Authorize the purchase of base station radios and related equipment from Emergitek at a price not to exceed $4,553.06 for the new fire station. 15. 0. /. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Approval of Job Description for, and Authorization to Create and Fill the Position of Planning Technician MEETING DATE: February 3, 1998 Introduction: During the 1998 budgeting process the creation of a new position of Planning Technician was requested and approved by the City Council. The principal focus of the new position is intended to be, 1)to assist the professional planning staff in carrying out special studies related to zoning and land use which are often sacrificed to address current land use application, 2)to assist in making the transition to a GIS system, and 3)to maintain and update department mapping and databases. This would be an entry-level position, equivalent in scope and responsibilities to an Engineering Technician I. The Council is asked to approve the proposed job description for this position, and to authorize recruitment for the position. Alternatives: 1. Approve the job description for Planning Technician as presented and authorize the Community Development Director to proceed with recruitment for the position. 2. Approve the job description for Planning Technician with revisions and authorize the Community Development Director to proceed with recruitment for the position. 3. Do not approve the job description or authorize recruitment for the position of Planning Technician. 4. Table the request for additional information. Staff Recommendation: Staff recommends Alternative 1. Action Requested: Offer and pass a motion approving the job description for Planning Technician as presented and authorizing the Community Development Director to proceed with recruitment for the position. PLANTECH/RML 1 Adopt Resolution No. 4838, "A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Plan for the Officers and Non-Union Employees of the City of Shakopee." R. Michael Leek Community Development Director PLANTECH/RML 2 City of Shakopee Job Description JOB TITLE: PLANNING TECHNICIAN EXEMPT: No JOB CODE: 60 SALARY LEVEL: H DIVISION: SHIFT: DEPARTMENT: COMMUNITY DEVEL LOCATION: EMPLOYEE: REPORTS TO: COMMUNITY DEVELOPMENT DIRECTOR PREPARED BY: DATE: 1/29/98 APPROVED BY: DATE: SUMMARY: Performs entry-level technical support work in the Community Development Department where an understanding of basic concepts, principles and techniques of planning are required. Often assists planners on assignments . ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Assists in the review of plans and proposals to determine conformance with Comprehensive Plan and City ordinances . Types of proposals reviewed may include: building permits, conditional use permits, planned unit development and subdivision. Answers public inquiries and conducts field surveys as required. Summarizes information from maps, reports, field, file investigations, and books . Inputs data related to land use in the city, including GIS, updating the PDS system, and maintaining planning files . Compiles and researches data for use in the preparation of reports on economic, social and physical factors affecting land use in the city. Assists in the enforcement of City development and planning codes (zoning ordinance, sign ordinance, subdivision regulations, etc. ) . Makes on-site inspections as required. May assist planners in presentations to boards and commissions . - 1 - City of Shakopee Job Description JOB TITLE: PLANNING TECHNICIAN EXEMPT: No JOB CODE: 60 SALARY LEVEL: H DIVISION: SHIFT: DEPARTMENT: COMMUNITY DEVEL LOCATION: EMPLOYEE: REPORTS TO: COMMUNITY DEVELOPMENT DIRECTOR PREPARED BY: DATE: 1/29/98 APPROVED BY: DATE: QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: A vocational technical degree in Civil Engineering Technology, Architectural Technology or Geographic Information Systems or similar programs and one to three years municipal experience and/or training; a Bachelors degree in Planning, Geography, Landscape Architecture or Geographic Information Systems; or an equivalent combination of education and experience. LANGUAGE SKILLS: Ability to read, analyze, and interpret a variety of documents, reports, regulations, journals, and periodicals related to the duties of the position and the practice of planning. Ability to write correspondence, reports and other required documents . Ability to to make effective oral and visual presentations and to respond to questions from staff and the general public. MATHEMATICAL SKILLS: Ability to perform basic calculations related to land and community development . Ability to use and apply statistical analysis concepts . REASONING ABILITY: Ability to solve practical problems . Ability to interpret a variety of instructions furnished in written, oral, diagram, - 2 - JOB DESCRIPTION Job Title: PLANNING TECHNICIAN or schedule form. CERTIFICATES, LICENSES, REGISTRATIONS: Must have a valid Minnesota Driver' s License or be eligible to obtain one. OTHER SKILLS and ABILITIES: Abililty to perform planning and zoning analysis and prepare professional-quality technical reports . Ability to interpret and effectively communicate planning and zoning laws and administrative rules to other governmental officials and the public. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is frequently required to walk; sit; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms . The employee is occasionally required to stand. The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . - 3 - Is E. J. CITY OF SHAKOPEE r Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: First March Meeting- Date Change DATE: January 26, 1998 INTRODUCTION: The Council is asked to consider a date in which to have the first regular City Council meeting in March. BACKGROUND: The first regular meeting of March would normally be Tuesday, March 3rd. However, that is also the day of precinct caucuses, and,by State Law, Council will be prohibited from meeting after 6:00 p.m. on that day. RECOMMENDATION: We recommend designating the first meeting in March to be Monday, March 2nd. A Wednesday meeting would be in conflict with a Cable Television meeting normally scheduled for that time. In addition,Wednesday is a common night for church activities. The first Thursday would conflict with the Planning Commission meeting. ACTION REQUIRED: If the Council concurs, it should,by motion, offer Resolution No. 4832, changing the March 3, 1998, Council meeting date to Monday,March 2nd, and move its adoption. (The meeting would begin at 7:00 p.m.) Usti Q Mark McNeill, City Administrator MM:tly RESOLUTION NO. 4832 A RESOLUTION CHANGING THE MARCH 3, 1998 COUNCIL MEETING DATE WHEREAS,the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS,the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, that the March 3,1998 regularly scheduled City Council meeting be changed to March 2, 1998, at 7:00 p.m. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this 3rd day of February, 1998. Mayor of the City of Shakopee ATTEST: City Clerk ) L .E. CONSENT MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor License - St . Mark' s Church DATE: January 29, 1998 INTRODUCTION AND BACKGROUND: St . Mark' s Church has made application for a temporary on- sale intoxicating liquor license for February 21, 1998 . They desire to be able to provide wine during their Winterfest at the school hall on February 21, 1998 . They have been obtaining a temporary license for this annual event for a number of years . I have consulted with the Chief of Police regarding this application. He advised that the impact on law enforcement would be minimal because the activity that will be taking place is within a controlled environment . Their application and insurance certificate are in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 S. Atwood for February 21, 1998 . Ci Clerk ad--.4, 01- h:j udy\licenses\stmarkwi • CITY OF SHAKOPEE IS: E. . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess Fire Station Property - Sale DATE: January 30, 1998. INTRODUCTION: The Council is asked to consider entering into a purchase agreement with Ever Green Real Estate Development Corporation, for the approximately 10 acres of land which is excess fire station property. BACKGROUND: The attached memorandum dated January 15, 1998, was provided to the City Council in anticipation of a discussion by the City Council at its January 20th meeting. However, no action was taken, so that a neighborhood meeting could be held January 29th. That meeting was held, and was well attended by neighbors to the north and west of the site. The issue was discussed; common concerns included highway noise, safety for children, and impact on property values. Staff is researching what can be done to provide noise attenuation in the area, especially between the fire station and Calvary Methodist Church. A status report will be made at the February 3rd meeting. PURCHASE AGREEMENT: The developer, Gregg McClenahan of Ever Green Real Estate, is anticipating the use of State "Low Income Tax Credits", for funding a portion of the project. Application deadline on that is February 12th;prior to that time,the City Council would need to make a commitment of the land to the project. A purchase agreement to facilitate that is attached. It provides for the City's $325,000 asking price, and describes the need to have the City work with a third party to have the site graded for development. It also covers other specifics; as seller,the City will need to work with the Hauer property regarding their CR 16 driveway access, which is partially on this City-owned land. RECOMMENDATION: If the Council wishes to sell the excess fire station property for development as affordable housing, the recommendation is to execute the attached purchase agreement. The other viable option is to retain the site for future City purposes. ACTION REQUIRED: If the Council endorses this concept for development, it should, by motion, direct the Mayor and City Clerk to execute the attached purchase agreement for the sale of the excess fire station property. Mark McNeill City Administrator MM:tw 01/30/98 FRI 11:47 FAX 6128311869 JOHNSON&CONDON Ij002 RT PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of February , 1998, between EverGreen Heights Townhomes, Limited Partnership, a Minnesota limited partnership (hereinafter "Seller") and City of Shakopee, a Minnesola municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Drive, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's agent; and 2.2 the remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date (as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. 3.3 Government Approvals. All governmental approvals, which are necessary in Buyer's judgment in order to permit use of the Property as a rental 01/30/98 FRI 11:47 FAX 6128311869 JOHNSON&CONDON I j003 townhome development and day care center, shall have been obtained on or before the contingency date. Seller and Buyer shall cooperate with each other in all reasonable respects in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for and. to complete the purchase of the Property. 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to permit satisfactory access and site lay out of the proposed townhome development and daycare center. The "Contingency Date" shall be July 30, 1998. If any contingency has not been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 4.1 Purchase of Contiguous Property. Seller shall use its best efforts to negotiate the purchase from MNDOT of an approximate 2 acre parcel (hereinafter the "MNDOT Parcel") contiguous to the Property, which parcel will be sold to Buyer for the price so negotiated, at the same time and subject to the same terms as are applicable to the Property. 4.2 Preliminary Plat Application and Approval. Seller shall initiate and proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MNDOT Parcel, which preliminary plat application and approval will permit the Seller to separately contract for site excavation and grading prior to closing. In addition, the preliminary plat application, review and approval will address all other matters and regulatory requirements necessary for the contemplated use of rental townhomes and daycare center to proceed, including but not limited to, compliance with environmental laws (sound abatement), county road access permits, density and zoning regulations, and surface water drainage permits. 4.3 On-Site Improvements. Following preliminary plat approval, Seller shall proceed to contract for the excavation and grading of the Property and, if applicable, the MNDOT Parcel, in coordination with Buyer's site development plans. It is agreed by the parties that the on-site improvements 2 01/30/98 FRI 11:48 FAX 6128311869 JOHNSON&CONDON Z004 provided by Seller directly benefit and are being performed in connection with the contemplated use by Buyer of the Property as a rental townhome development and daycare center. The contemplated use of the Property could not occur but for the on-site improvements provided by Seller. The on-site improvements provided by Seller to Buyer have a value which may be established by reference to prevailing market values for similar excavation, transportation and grading services. 4.4 Driveway Encumbrance. Seller shall proceed to negotiate and remove the encumbrance created by the driveway accessing County Road 16. The Seller shall coordinate its efforts with Buyer so as to remove the encumbrance in a fashion beneficial to the sale of the Property and its contemplated use as rental townhomes and daycare center. 5. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 5.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 5.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 5.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 5.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 5.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 5.1.5 MNDOT Parcel. If applicable, documents sufficient to convey the MNDOT Parcel to Buyer. 5.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 5.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 3 01/30/98 FRI 11:48 FAX 6128311869 JOHNSON&CONDON a005 • 6. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 6.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 6.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 6.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 6.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 7. Title Examination. Title Examination will be conducted as follows: 7.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 7.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 7.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any; or 7.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 4 01/30/98 FRI 11:49 FAX 6128311869 JOHNSON&CONDON e006 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 8.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 9. Casualty; Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 clays after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 10. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 11. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: 5 01/30/98 FRI 11:49 FAX 6128311869 JOHNSON&CONDON 11007 If to Seller: City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 (612) 445-3650 If to Buyer: EverGreen Heights Townhomes, Ltd. Ptshp. Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 14. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 15. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. If Buyer successfully pursues specific performance, Buyer shall have the right to receive damages, including attorney fees from Seller for Seller's defaults hereunder. 16. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. 6 01/30/98 FRI 11:50 FAX 6128311869 JOHNSON&CONDON X008 Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF SHAKO:PEE By: Its: BUYER: EVERGREEN HEIGHTS TOWNHOMES, LTD. PTSHP. EVERGREEN REAL ESTATE DEVELOPMENT CORP., Gen. Ptr. By: Its: GAM-170908.1 7 01/30/98 FRI 11:50 FAX 6128311869 JOHNSON&CONDON Ii1009 EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. GAM-170829.1 CITY OF SHAKOPEE /3-7 6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess Fire.Station Property Update DATE: January 15, 1998 INTRODUCTION: The purpose of this memorandum is to provide the Council with an update on the potential sale of 9.95 acres to Ever Green Real Estate Development Corporation,for development as a rental town house site. BACKGROUND: At the January 6th,the City Council directed that staff negotiate details of a possible sale of the excess fire station property to develop as.Ever Green Heights Townhomes. Greg McClenahan, of Ever Green, and his architect subsequently met with staff to review details. To review,he is proposing to build 68 rental town n homes to be targeted for-working families, those who make between$20,000 and$35,000 in annual income. With those limitations, he would be eligible to apply for low income tax credits from the Minnesota Housing Finance Agency. The application deadline for the program is February 12th. _By May,he would know whether the application is successful. The first phase would consist of 34 units. Of that, 6 units would be owned by the Scott County HRA, and would be funded as"Holman"units. Funding for those units comes from private foundations for affordable housing. Of the other 28 units,approximately 40%of the financing would come from low income tax credits. The other funding would come from mortgages - provided by the Minnesota Housing Finance Agency. - - Also discussed was the desirability of obtaining from MnDOT a remnant U.S. 169 right of way - parcel immediately adjacent to the site. ON SITE DIRT: This proposal, and that of the other market rate proposal which was considered by the Council that evening, is contingent upon the grading of the site to more developable contours- the expense of removing significant amounts of excess material makes it difficult for a developer to pay the City's asking price. The $325.000 had been established as what was necessary to reimburse the City for its expenses - purchase price plus assessments. After the meeting, it was determined that if significant quantities of dirt must be removed from the site, there should be a grading plan in place. However,Ever Green can't submit a grading plan if they are not yet owners of the property. It was determined that the best course of action would be for the City to work out a grading plan,based upon the end need of the town house development. The grading plan would have to be in conjunction with a preliminary plat, which the City would produce. This would also allow the property to be split into two parcels-one for the fire station, and one for the town house development. Then,upon approval of the grading plan,the site could be graded, with the excess dirt being moved across County Road 16 to leave Valley Green Business Park proposed location for the Seagate Development. As much as 15 feet of dirt will need to be removed from the site. The City should enter into the contract with Valley Green,rather than Ever Green. That way,the City maintains control of the project. Should Ever Green be unsuccessful in moving forward,the City be assured of a graded site,which will then be move salable. Under this schedule,the dirt could be moved to the Seagate site,probably following the second Council meeting of February. Grading would be done around the Minnegasco gas line on site, which will need to be lowered this summer. The expense of lowering the gas line wuld be that of the buyer. ACCESS QUESTION: Evergreen Heights did contact the Scott County Highway Department for permission to access the potential daycare site from County Road 16. They were informed that the location,as presented to the City Council at the January 6th meeting,did not meet the County's spacing requirements. Therefore, the acquisition of the excess MnDOT property,which would meet spacing minimums,becomes more important, as the daycare could potentially be located on that site. CITY CONTRIBUTION: From the City's standpoint,this concept would provide the ability to obtain the asking price for the 9.95 acres by getting the grading done at no cost to the City. In addition,the value of the dirt being removed could be claimed as a City contribution towards an affordable housing project. Then, credit could be claimed toward City participation in the Livable Communities Act of the Metropolitan Council. Mr. McClenahan is working on financing for the daycare through a non-profit agency. So that Council maybe more familia r with Mr. McClenahan and Ever Green,a resume is attached. STATUS: Greg McClenahan has provided the attached draft of a purchase agreement. In order for him to meet the February 12th application deadline for the low income tax credits, a committal of the land to him by the City will be necessary-this can either be done through an executed purchase agreement(draft attached), or resolution at the next Council meeting on February 3rd. ACTION REQUIRED: No action is required at the January 20th meeting. The Council will be asked,however,to review the concept and advise if there are things it wishes to have pursued differently than what has transpired to date. Mr. McClenahan will be at the meeting to answer questions. Mark McNeill City Administrator MM:tw U1/1b/86 •ltiu 1u:14 rna-tilZti116U9 JOHNSON&CONDUN WJvuc GREGORY A. McCLENAHAN 5212 Hope Street Prior Lake, MN 55372 Education 1969 Belmond High School, Belmond, Iowa 1974 BS Psychology University of Iowa 1979 MBA University of Iowa 1979 JD - University of Iowa Employment 1979 - 1983 Iowa Electric Light and Power Company, Cedar Rapids, Iowa Staff Attorney with various responsibilities • .Civil Litigation • • All Real Estate Matters for Electric and Gas Utility and Short-line Railroad • Environmental Attorney, including environmental licensing for 650 MW Powerplant • Administrative Law 1983 - 1986 Private Practice. Minneapolis, Minnesota • Civil Litigation 1986 - 1998 Johnson& Condon, P.A. - Minneapolis, Minnesota • Civil Litigation 1995 - 1998 EverGreen Real Estate Development Corporation, Prior Lake, Minnesota • Real Estate Development Real Estate Projects EverGreen Pointe Townhomes • Completed all phases of 48 unit rental townhome project in Savage, Minnesota • Construction started in September 1996 • Construction completed in September 1997 01/15/98 THU 10:13 FAX 6128311869 JOHNSON&CONDON [¢1003 References: William H. Anderson Senior Vice President/Commercial Lending Zapp National Bank/BanCorp St. Cloud, MN (320) 259-8324 Susan Haugen Director, Minnesota Tax Credit Program Minnesota Housing Finance Agency St. Paul, MN (612) 296-9848 William Jaffa Executive Director Scott County HRA Prior Lake, MN (612) 447-8875 Steven King, City Administrator John Heald, Community Development Director City of Savage (612) 882-2691 (Heald) Financial Statement will be made available if requested. GAM-180680.1 01/15/98 THU 10:14 FAX 6128311869 JOHNSON&CONDON UU4 EverGreen Heights Townhomes - Phase I Sources and Uses Townhomes Uses Land $ 325,000 Site Work $ 225,000 New Structure $ 2,369,774 Professional and Other Fees $ 519,000 Construction Financing Costs $ 200,000 Permanent Financing Costs $ 43,000 Soft Costs $ 65,000 Syndication Costs $ 10,000 Rentup Reserves $ 100,000 Operating Reserves $ _ ,75.000 $3,931,774 Sources Tax Credits $ 1,596,350 Hollman Sale $ 691,900 MHFA 1st Mortgage $ 650,000' MHFA 2nd Mortgage - ARIF $ 300,000 MHFA 2nd Mortgage - LILF $ 396,000 Inland - City of Shakopee $ 200,000 Owner's Equity $ 97.494 $ 3,931,744 GAM-181026.1 4.91(10/DO 1110 1V..LY CLt& U1LOU11000 0 VIIl\OVI9OGVV1VUU14 f - UU3 Daycare (est. 5,000 sq. ft.) Uses Structure $ 275,000 Equipment/Fees $ 125.000 $ 400,000 based on 5,000 sq. ft. Sources Local Housing Incentive Fund/Met Council Family Housing Fund MHFA/ARIF • Carver-Scott Education Cooperative Economic Development Coalition Seagate Pending State Funding Legislation $ 400,000 Operating Funds and Subsidies User Fees Scott County Child Care Subsidies Seagate/Local Industries Pending State Funding Legislation Economic-Development Coalition Others to be Identified GAM-181010.1 01/15/98 THU 10:14 FAX 6128311869 J0HNS0N&C0ND0N •; 6X0063 • PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of February , 1998, between EverGreen Heights, LLC, a Minnesota limited liability corporation (hereinafter "Seller") and City of Shakopee, a Minnesota municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: • 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Drive, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer-cannot so agree= on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 _ $2,000 as earnest money("Earnest Money") paid concurrently with the execution of this Agreement,_which Earnest Money shall be held by Seller's agent; and 2.2 the remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: _ 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. - 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date(as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. 3.3 Government Approvals. All governmental approvals, which are necessary in Buyer's judgment in order to permit use of the Property as a rental townhome development and day care center, shall have been obtained on or 01/15/118 THU 10:15 14AA b1L6311SbI JUHNSUN&GUNIUN 141007 • before the contingency date. Seller and Buyer shall cooperate with each other in all reasonable respects in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for and to complete the purchase of the Property. 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to permit satisfactory access and site lay out of the proposed townhome development and daycare center. The "Contingency Date" shall be July 30, 1998. If any contingency has not been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 4.1 Purchase of Contiguous Property. Seller shall use its best efforts to negotiate the purchase from MNDOT of an approximate 2 acre parcel (hereinafter the "MNDOT Parcel") contiguous to the Property, which parcel will be sold to Buyer for the price so negotiated, at the same time and subject to the same terms as are applicable to the Property. 4.2 Preliminary Plat Application and Approval. Seller shall initiate and proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MND OT Parcel, which preliminary plat application and approval will permit the Seller to separately contract for site excavation and grading prior to closing. In addition, the e preliminary plat application, review and approval will address all other matters and regulatory requirements necessary for-the contemplated use of rental townhomes and daycare center to proceed, including but not limited to, compliance with environmental laws (sound abatement), county road access permits, density and zoning regulations, and surface water drainage permits. 4.3 On-Site Improvements. Following preliminary plat approval,Seller shall proceed to contract for the excavation and grading of the Property and, if applicable, the MNDOT Parcel, in coordination with Buyer's site development plans. It is agreed by the parties that the on-site improvements provided by Seller directly benefit and are being performed in connection 2 01/15/98 THU 10:15 FAX 6128311869 J0HNS0N&C0ND0N r '. .,'. ^:a444 ` 'MIR* Y 1008. with the contemplated use by Buyer of the Property as a rental townhome development and daycare center. The contemplated use of the Property could not occur but for the on-site improvements provided by Seller. The on-site improvements provided by Seller to Buyer have a value which may be established by reference to prevailing market values for similar excavation, transportation and grading services. 4.4 Driveway Encumbrance. Seller shall proceed to negotiate and remove the encumbrance created by the driveway accessing County Road 16. The Seller shall coordinate its efforts with Buyer so as to remove the encumbrance in a fashion beneficial to the sale of the Property and its contemplated use as rental townhomes and daycare center. 5. Clog' . The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 5.1 Seller's Closing Documents.:On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively; "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer 5.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear-of all encumbrances,except-the Permitted = Encumbrances hereafter defined. 5.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property,if the Property is registered land. 5.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 5.1,4 Other Documents.All other-documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances, 5.1.5 MNDOT Parcel. If applicable, documents sufficient to convey the MNDOT Parcel to Buyer. 5.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 5.2.1 Purchase Price.Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 3 U1/1b/Uo 1t1U 1U:10 rah o140011oo' Juni wulvaVulvuuly iwrvu 6. Proration. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 6.1 Title Insurance and Closinr Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 6.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 6.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 6.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay,the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 7. Title Examination. Title Examination will be conducted as follows: 7.1 Seller's Title Evidence. Seller shall, within 20 days after_the date of this Agreement, furnish to Buyer a commitment ("Title Commitment")for an ALTA Form B_1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 7.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 7.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any; or 7.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 4 01/15/98 1'HU 1U:1ti FAX ti1283118bU JUHNJUN&cuNJUN ,.p 41010 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 8.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the proPerty. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 9. Casually: Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement-and receive back -- - - _ all Earnest Money by giving notice within 30 days after Seller's-notice. If Buyer shall fail to give the notice, then the parties:shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event.-If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale _ or conveyance of any nature of any portion of or interest in the property-shall occur, Seller shall immediately give notice to Buyer,and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or-benefit-from such proceedings. 10. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 11 Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this .Agreement. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: 5 If to Seller: City of Shakopee • 129 Holmes Street South Shakopee, MN 55379-1351 (612) 445-3650 If to Buyer: EverGreen Heights LLC Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. ' Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 14. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between. the parties regarding the Property. There-are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 15. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate,-and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable - for damages or specific performance: If Seller defaults under this Agreement, this provision does not preclude Buyer from-seeking and recovering from Seller specific performance of • this Agreement. If Buyer successfully pursues specific performance, Buyer shall have the right to receive damages, including attorney fees from Seller for Seller's defaults hereunder. 16. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. 6 • Seller and Buyer have executed this Agreement as of the date first written • above. SELLER: CITY OF SHAKO PEE By: Its: BUYER: EVERGREEN HEIGHTS, LLC EVERGREEN REAL ESTATE DEVELOPMENT CORP., Manager By: Its: GAM-170908.1 7 EXHIBIT A Permitted Encumbrances l• Building and zoning laws, ordinances, state and federal regulations. Reservation of any mineral rights by the State of Minnesota. .ility and drainage easements which do not interfere with proposed improvements. EVERGREEN HEIGHTS TOWNHOMES Introduction EverGreen Heights will be a 68-unit rental townhome development (built in two equal phases) located south of Vierling Street, near the intersection of Vierling and County Road 16 in Shakopee, Minnesota. Fifty-six units will be financed by federal tax credits and state- sponsored financing. The other twelve units will be owned by.Scott County HRA and operated as public housing.. The;development is designed to provide-housing`to.three, four and five-person families with incomes between $20,000 and $35,000,for whom there are y-- more limited housing alternatives. There also will be an on-site daycare facility, primarily -for residein-tO promote vorkmg opportunities for resident parents:;:The multi-family use is - buffered from adjacent properties by major roadways,and a firestation. The proposed site plan and architectural and landscaping::features provide single-family identity, visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Development The development will consist of 68 two-story, side-by-side townhomes, which will be built in two phases of 34 units.Each 34-unit phase will have 2 handicap-accessible units and 6 Scott _ County HRA units.: There willibe a resident:manager/caretaker. Each phase will have-9. buildings containing a mix7of.14 two-bedroom unites, 17 three-bedroom units;-Land 3 four- bedroom units. Each townhome will have an attached, oversized single car garage-and a private surface::parking area. Sixteen additional general parking areas will be:provided. Unit density-will be less than 7 per acre = The exterior will be clad in steel siding of contemporary colors. The building front ground level will be brick. The units will have natural gas, forced air heat and central air conditioning - All=units will have standard kitchen appliances, plus dishwasher. Washer and . .. dryer hook-ups will be provided in each unit. A seperate dining area will be-provided.- Each - - _ unit will have a half bathroom downstairs and a compartmentalized, full-bathroom upstairs. Tenants-will pay.-gas:and electric utilities. The:owner will provide garbage service and water and sewer. _ A 75-child-capacity, day care facility/community center will be located in a stand-alone building with access off Vierling. The center will provide child care to residents at below- market rates if the care services facilitate the parents' employment. The facility will make excess capacity available to the public. A community room will also be located in the building and be available for resident use and large group functions. Site amenities will include several age-appropriate play areas, several open picnic areas and one outdoor picnic shelter with all areas (including the day care facility) connected by hard GAM-179015.1 • surface walkways. The ground will be appropriately enhanced by schrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The development is located on approximately 10 acres of open land, which rises 30-40 feet on the north, south and east sides from surrounding land. The site is bounded on the south by the Highway 169 bypass, on the west by the new Shakopee firestation, on the east by.. County Road 16 and proposed industrial:uses and on the north by 'Vierling'Street_, The - location permits.immediate access to Highway 169 and the metropolitan freeway system. Tenant Profile Prospective tenant households' incomes must fall below the following limits. Household.size . Income , , 2 3 $30,960 4 $34,380 5 --- - -------:- $37,140 --- - —— -- 6 $39,900 _ Maximum rents, exclusive of tenant paid utilities, areas follows_- - 2 Bedroom Unit - - $571 - 3 Bedroom Unit $658 _ - 4 Bedroom Unit $726 - Tenants must also satisfy background checks regarding criminal activi landlord-tenant history. tY and credit: and The development is conceived to provide affordable housing opportunities o for:low and _ moderate income families-.,:Tenants may_:continue to live at EverGreen Heights_ Townhomes ' after their incomes exceed the initial income guidelines,- but it is'anticipated many tenant. households will=move up to single-family homes in Shakopee-and the surrounding-area GAM-179015.1 Frr • � y• had , {, • «... _ I • --ri . • . :•:„. .„.„. . +T.. Li; r•': f I • • •- I =_ lilllf' A1C- �„r� : i • �iuwr I{4 1C- .�I� •e�� - Tiff:d - ...v, •. .,.._ .,. ..., 1W11111 li"..1Lt,,,...it, --; .---;..... ,..1,1 : I-1,k,, �'' ( IItIU10 lits 1 r. ..�t rMll yui.1- 1 a ?{�;ri1rnil r • it �►`�h • \� it • $ :• x ,!!1111(1 1^^r1 �+f .• _.. - i' :iai 1I i - I. �J" Vr rsr• - - �,. I - ->--- ry'- lull' I .k. �.. _ - — • _ I',i I r, . Cr.r P 1 i I i. f , �1f`. - - '••`.1c•:.'•?:'.-€. - i ' I N u 111 1 _ - _ 1,.,.:;` i `f 11•,�—t—+ r i _ ! `,a llr l i l m� III �- �' 11.1,..1#1: til1111! A . �'° �1r 11.111 j !' i +Irr n+ ff Y.. :.. ::-..1'''.:''' ,:: :1,......, ' a ..L.'-•:.1.-•Vt., . , 'i• , ' -•t.;.',.•,7,.tP',:r,r;,.;:',.` -,,. - •- - :..',?:,-. ,.. ; .0, i ' ''--;r'';Cilit--....1/11/1/1 I -. .. --V-0.i•-•:,-:-.-.- : •-'-.. - . 2-......i .---',....;1.; '-.. - -.;1..--.....;:. .r. ,,Nd, ,..,,.. .„-..,..,.. - . . .:_--- - 4•.: '1,•:-.'4;-.'..• A ,, — 11 Iih • •7 - ,� I J :Of w`1 -• 5 ' i 1 . . it: ' ` 1 H';i;.m� it l „� ; Y �� 111 4 { 1' �� ,, k15 .,,:,,,,i..., f F rnm ,x� �n .._. v '..tom;, •.T • • r, Wilk. W1WAM JACOBSON,ARCHITECTS 'N • 2305 DRANO AVENUE SO MINNEAPOLIS,MN 55405' 612/671.6386 SAVAGE TOWNHOMES II JANUARY 28, 1997 . SITE AREA PROJECT -SIZE 5 ACRES DENSITY .. 36 UNITS . 7.2UNITS/ACRE DWELLING UNITS •TYP 2BR.UNITS: TOTAL UNITS 16 1ST FLOOR - A 532 SF • 1ST FLOOR - B 352 TOTAL, AREA 1,416 - -- GARAGE ---------:=264 WELLIN152 SF G AREA 1, -- --- _- • - -- -- -- TYP 3BR`.UNITS TOTAL UNITS 18 • • 1ST FLOOR; A 532`SF 1ST---FLOOR- - .B 352 2ND'FLOOR`;_ _A 532 2ND--FLOOR:; .154 .TOTAL AREA . GARAGE. :- ._ r r:1,570 - - - = - DWELLING AREA -264 1,304 SF HCP, 3BR UNITS TOTAL UNITS 2 _. -1ST-FLOOR -'A _ -532 SF 1ST FLOOR - B 616. 2ND_FLOOR.-.A 532 - :, - TOTAL AREA -.._ - 1,680 GARAGE - --• -- _ -264 -DWELLING AREA. 1,416 SF CITY OF SHAKOPEE #15w & . 3 Memorandum , TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Item 15.E.3. - Excess Fire Station Property Purchase Agreement DATE: February 3, 1998 After review by the City Attorney,there are some changes in the purchase agreement for the excess fire station property, different from what was included in your packet. 3.3 Government Approvals. All Government approvals,apart from preliminary plat approval,which are necessary in Buyer's judgment in order to permit use of the Property as a rental town home development and daycare center, shall have been obtained at Buyer's expense . . . . 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to permit-satiefastery allow access and site layout of the proposed town home development and daycare center. 4.2 Preliminary Plat Application and Approval. ADD: Costs associated with abatement measures shall be borne by Buyer. ADD: Final plat application and approval shall be at Buyer's expense. • 4.4 Driveway Encumbrance. Seller shall proceed use best efforts to negotiate and remove the encumbrance created by the driveway 7.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the any interest accrued and unpaid on the Earnest Money, if any 15 Remedies. STRIKE existing paragraph. INSERT instead: If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages. If this Agreement is not so terminated, Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of this Agreement: provided that any action for specific performance must be commenced within six months of after such right of action arises. In the event of litigation, each party will pay its own costs. including attorney fees. Mark McNeill City Administrator CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Accident Insurance DATE: January 22, 1998 Introduction The Council is ask to reveiw whether they want accident insurance while on city business . Background About 5 years ago, Council dropped worker' s compensation insurance (WC) for itself and SPUC Commissioners . Since then, the cost has come way down. The League is also offering from a private broker, accident insurance which is cheaper than WC. The accident insurance is really an accident, death and dismemberment policy coupled with a short term disability policy. This in no way compares with the benefit available under WC. For example: If a councilor slipped and broke a leg while on city busness, the accident policy would provide no coverage unless the individual could not work at their normal job in which case the short term disability would kick in. The cost is $12 . 75 per person covered. WC coverage would cover the medical expenses and disability coverage as long as the disability continues . The cost is $70 to $95 per person covered. Coverage could be for just council, council and PC and SPUC commissioners, or to include advisory boards such as the Park and Recreations Board. Alternatives 1 . Status Quo. 2 . Take out the accident policy (staff missed the deadline this year. ) 3 . Take out Work Comp insurance . Recommendation Staff does not have a recommendation between #1 and #3 , it is entirely up to council' s wishes . Because of the lower benefits under #2, it is not recommended. Based on previous council action, the action below is drafted to maintain the status quo. Action Move to not take out accident insurance or worker' s compensation insurance for City Council and boards and commissions . ,b Gregg V xlan Finance Director I:\finance\docs\insure\acc-wc Js. E. S MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Nominations to Boards and Commissions DATE: January 30, 1998 INTRODUCTION AND BACKGROUND: Terms on various Boards and Commissions will be expiring on February 28, 1998 . According to Council policy, it is appropriate to make nominations to Boards and Commissions at the February 3rd City Council meeting. An Interview Committee will then interview the applicants and make recommendations to City Council for appointments at the February 17th meeting. (Councilmembers will be invited to vote by ballot prior to the start of the meeting on February 17th. ) Copies of applications from candidates are attached for Council consideration during the nomination process. Some applicants have expressed interest in more than one board or commission. For the most part, it has been past practice to nominate all applicants to the Boards and Commissions for which they have applied; however, that is not required. The number of openings and names of applicants to date are as follows : 1] Planning Commission and Board of Adjustment and Appeals (2) Terry Joos* Dave Limberg Larry Meilleur* Michael Burville Gary Morke Patricia Langdon Burl Zorn (2nd choice) David Pass (2nd choice) 2] Park and Recreation Advisory Board (2) Sean Laughlin* Burl Zorn (4th choice) Rick Friedrichsen David Pass 3] Shakopee Public Utilities (1) Burl Zorn Joan Lynch Andrew Unseth* Mark Miller Patricia Langdon (2nd choice) Nominations to Boards and Commissions January 30, 1998 Page -2- 4] Police Civil Service Commission (1) Burl Zorn (3rd choice) Ron Ward Steven Johnson 5] Cable Communications Advisory Commission (3) Gordy Goetzman Jim Bastyr Don McNeil Kenneth Scannell* 6] Shakopee Community Access Corporation Board of Directors (3) Gordy Goetzman Jim Bastyr Don McNeil Kenneth Scannell* 7] Building Code Board of Adjustments and Appeals (2) Housing Advisory & Appeals Board (2) Dave Limberg (2nd choice) Michael Burville (2nd choice) James Link* 8] Board of Review (1 + 2 Councilmembers) 9] Ad Hoc Library Board Don McNeil Should additional applications be received prior to the City Council meeting on February 3rd, I will place them on the Council table. In addition to the above applications, Ron Carlson has submitted an application for the Park and Recreation Advisory Board. Both the City Code and the Guidelines for Appointments to Nominations to Boards and Commissions January 30, 1998 Page -3- Boards and Commissions preclude an employee from holding a regular voting position on any board or commission. Mr. Carlson is aware of this. Does City Council wish to revisit this policy at this time? In order to get the word out that the City Council is seeking applicants for Boards and Commissions, the following actions were taken: 1] Three ads in the local newspaper 2] Notice on the cable television government channel 3] Notices on bulletin boards: City, County, SPUC, Public Library, and Marquette Bank 4] Letter to chairs of local organizations 5] Letter to incumbents eligible for reappointment RECOMMENDED ACTION: Al Move to make nominations to Boards and Commissions as desired: 1] Planning Commission and Board of Adjustment and Appeals : Terry Joos, Larry Meilleur, Gary Morke, Burl Zorn, Dave Limberg, Michael Burville, Patricia Langdon, and David Pass; 2] Park and Recreation Advisory Board: Sean Laughlin, Rick Friedrichsen, Burl Zorn, and David Pass; 3] Shakopee Public Utility Commission: Burl Zorn, Andrew Unseth, Patricia Langdon, Joan Lynch and Mark Miller; 4] Police Civil Service Commission: Burl Zorn, Ron Ward, and Steven Johnson; 5] Cable Communications Advisory Commission: Gordy Goetzman, Jim Bastyr, and Don McNeil; 6] Shakopee Community Access Corporation Board of Directors : Gordy Goetzman, Jim Bastyr, and Don McNeil; 7] Building Code Board of Adjustments and Appeals and Housing Advisory & Appeals Board: James Link, Dave Limberg, and Michael Burville; 8] Board of Review: (no applications received to date) ; 9] Ad Hoc Library Board: Don McNeil B1 Determine two Councilmembers to be on the Interview Committee. Nominations to Boards and Commissions January 30, 1998 Page -4- al_ Determine whether or not to revisit the rules precluding City employees from holding a position on a board or commission. * Indicates incumbents C' erk h:judy\B&CNOM98 APPLICATION FOR REAPPOINTMENT TO A CITY OF SHAKOPEE ADVISORY BOARD AND/OR COMMISSION If you have previously completed an application for a board and/or commission,please complete this abbreviated application form for reappointment. Name: 4/R26 M / /,a Address: 7/4, WL-B/zooL1E ,&/t) Phone: (H) 4'4'f - . /7 (B) Board or Commission you wish to continue serving on Other Board or Commission you wish to be considered for Signature ///f1 Date RETURN APPLICATION TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 445-3650 RECEIVED DATE RECEIVED: JAN u o 1998 CITY OF SHAKOPEE APPLICATION FOR REAPPOINTMENT TO A CITY OF SHAKOPEE ADVISORY BOARD AND/OR COMMISSION If you have previously completed an application for a board and/or commission,please complete this abbreviated application form for reappointment. Name: 6e V- t40 s Address: gBarr/'5t ulf Phone: (H) V%3 217 // (B) -127 73W Board or Commission you wish to continue serving on /"Lc.?H,7 /7 e7,7/-SS/6ft) 6114 V Other Board or Commission you wish to be considered for gnature V9igi D e RETURN APPLICATION TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee,MN 55379 445-3650 DATE RECEIVED: /'2 -9 qoa=apvnoNvg uama rirao ado=sommudaova las zra@ oo9=HOIsnzosaI sas Zra@ Name: A C • V `� , 0 R�E Address: 101-4 Were ere C let U Phone:(H) LACt C) — 1350 (B) T l f g7 How long have you been a Shakopee Resident? 02 ' Occupation:Sek.) i0/2 F!'ocD1awt PLA niie/2 Does your work require you to travel? (Check one) A great deal Periodically f/ Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) T,U c.)040S-0 /N 7"//if d /TV o F 5i4'4 ' s J'o uy l/l UOLu,vTe2 LAOS �i/ods : ec0o De e (pm -74 Ookvii _s. � gAEakni,4 ;_sico,u, E (oJ Civv p� rsati pre; 27 Pe v ,4ys PA- 1i4-J Board or Commission in which you are interested? (If more than one, please indicate order of pre egce) 1 Q. 63 CO WL vVv\S I C Please state briefly why you are interested in(serving on this Board/Commission for which you are submitting an application:�N��ic�s74�,J iiv �s�� ci i/t/c, cn,/0 Gr ,u0 C 0Avv`inti.k.5 . ►'1 G 1)aCkc..uo CJ l -4, Q. tiU •P5/rP -6-0 // ;1//9' W / Conflict of inter8e is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested =__ . siness, however organized, which could be constructed as a conflict of interest? No,X. yes, please provide the details on a separate sheet of paper. • 5 Please list three references(Name,Address, Phone): < �/ 1. D e A VYky�sc J, fO '7 i(c rn Soti1 S hAKo e, q'1 S -70q 2. /fi,4fiyC ini//en, 1189 Te cc soA S hAKe)ppyP, qq5 - VS-5-7 3. 04 Aih,N60/1.), 5a(ia 114-1-1- y -2-Naerfrc.Lt ecus s,sx yes"F 6 I hereby certify that the facts within the foregoing application are true and correct o the best of Signature /;.-) Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Name: 1 lq v E 1-T BERG Address: 1 0 407 E 1i5)T V1.Ew Ct12C LE Phone:(H) (v I Z - '-i 9 b 3 L Z 7 (B) C,1 Z - 8F?7— `I-J 7 D How long have you been a Shakopee Resident? l Yir 8 mo Occupation: G-E)..)erzAT a rz. meLAAL C Z,"LEGC-CR 4P , S1-tAKoPEE Does your work require you to travel? (Check one) A great deal X Periodically Very Little None Mos-foe 5iArAme1 Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) SEE ATTAcHEb 5 N EET Board or Commission in which you are interested? (If more than one, please indicate order of preference /sr- Lickwv-1-- h)G- Comm-1-657-0145 2 - kAtt,D-3-NG- CODES Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 1 AM I.&TC/E5tEb 1-+V Now 5 i4/KO P € ZS G-01-Pcr l b G-1 - Aub AvOuLO t,tKC 10 '36 A PART of TYE GRoiTH Przcce6S Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in an business, however organized, which could be constructed as a conflict of interest? Yes_No l . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. PA1E $NZ- MAI-14 5WArOPEE Lig 5 - Z$9! 2. J %-s-51-Ib? 891 Fv. t-erz sT 1-PAKtpEE y45- 44 `$9 3. l<1.344 MACE-1C 10(0 5 Erasi view GI cL6 s141410 °EE LJ 5 -04 3'i I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. d w► L.) Signature - z/ - 98 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RECEIVED JAN 2 2 1998 CITY OF SHAKOPEE In my present job, I have to plan lay outs for special events , coordinate personnel to make efficient use of manpower , and oversee the smooth outcome of the event . I used to work for a General Contractor . That job involved everything from obtaining permits for land, laying out the site for a home , reading and updating blueprints, and coordinating subcontractors to ensure a quality finished product . My organizational and time management skills were learned in the United States Air Force . I have been a Guardsman for 12 years • Name: Michael D. Burville Address: 1118 Madison Street, Shakopee Phone:(H) 445-2811 (B) 496-9037 (please use business number) How long have you been a Shakopee Resident? 1977-1986, intermittently from 1986-1992 while attending the University of Minnesota, 1997-present Attorney Occupation: Does your work require you to travel? (Check one) A great deal Periodically X Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) My legal training and background may be useful in applying decision-making guidelines as well as possibly assist in spotting potential issues. My personal style is to gather as many facts as possible and then make a decision. Board or Commission in which you are interested? (If more than one, please indicate order of preference) 1st preference — Planning Commission/Board of Adjustment and Appeals 2nd preference - Building Code Board of Adjustment and Appeals Please state briefly why you are interested in serving on this Board/Commission for which you are As a local business owner and long-time resident, I have submitting an application: an obvious interest in seeing the City grow in a manner which will be of the most benefit to both the residential and business communities. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes X No_. If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address, Phone): 1 Richard J. Menke, 3441 Willow Beach Trl. SW, Prior. Lake 55372 447-7717 2 Steve L. Bergeson, 111 South Broadway Street, Jordan 55352 492-2800 Tori J. McCormick, 910 Second Ave NE, Aberdeen, SD 57401 BBBXEDIXEMX 3. (605)-229-4459 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. fiet-zAtrAc. Signature January 26, 1998 RECEIVED Date JAN 2 7 1998 RETURN APPLICATION AND PLEDGE TO: CITY OF SHAKOPEE City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 POTENTIAL CONFLICTS OF INTEREST As an attorney off iced in the City, occasions may arise in which my business clientele or individuals whom I represent, or have represented, may benefit from or be harmed by actions of the Planning Commission/Board of Adjustment and Appeals. I would anticipate those occasions to be a rarity. • • Name: P,4*ri c l: -2, �d 0, Address:7' 3S .61:4-ft GI hJ\ OA /1.!, Phone:(H) .V.477 -1)-- 7 z) 46 7 (B) How long have you been a Shakopee Resident? � - G r--.S Occupation: kb. - ,A-.kt r Acri.i.,_a_r_ i L� . -� i--t�d,2),), 1 i& ,1* Does your work require you to travel? (Check one) A great deal Periodically Very Little X None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) �1 1,-.2. �. �---�.4 L..„ , )J,(...„4-) 10cLd.t l�,..: a'—Q r. -Q.t\''�cC /„.,....--J-.2,_ , �` /c 74. .. ,_._-__3,L ,,,- ,.,(,AK _ bv4 k )11/1 O �� ) z>r,� c c Iii thi ,;41—t +'\ 'LC c=kit 1 2411'4..4. doremmission in which you are interested? (If more than one, please indicate order of pr ference) 0,9-,#),,-1)a-, ,-, t,eDti, ,s s i91 Jai 4i >1 V.,4—c6 4..4. ht)i� ..i c/--! 3h q-,5-. e il V ii Lr(24.;'Li c& ee k s',1/4-,\, 1.,-- Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an applications 4,-,,Th I 4, -4,,a-- T ) 1 S e pv, % 1, AI 1kr_--l?_ •,o/V-4 -C6 ,,•N,,N,Ss l t-, °ted./ - ..� A� P� L i �,1pL Gf / � Lv ,f s -C. Ct lis, 11...,,g--0- p cl,...�r'\ 7ul i-6 S (-©44Th is!'\Llh l - .--/ A2.- #1,7-. --s c/L7 I,.P 1 3 -� Lel1..p4:Ap r 1 '1 (3,--,-v_ --9 4k•P D4.,-7,11,-1 .S-1/4' .to S Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in an b siness, however organized, which could be constructed as a conflict of interest? Yes_ N . If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address,Phone): 1. t G"L s,s ( .S• 1A.r��y2 4- _ ,Q e— ,2 Cv9p� ��OY 71'.. ffS02. 2. g- ...to—,4. D. ,..% � I.,.4- . ) 0-4v. 1-7/ 4/T"-- ,d'7 3. Qch -RudN n,a. ) eis iv ! cr./i .(--j- j-6-4V I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. .d..& ._:-. - A - _Zika. 1.0; 's 4. Signature at /rg ate RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 r X APPLICATION FOR REAPPOINTMENT TO A CITY OF SHAKOPEE ADVISORY BOARD AND/OR COMMISSION If you have previously completed an application for a board and/or commission,please complete this abbreviated application form for reappointment. Name: Address: t.t a-ct S t ' r' SLI L c,-1'—e—Q Phone: (H) Lt c4, -a-'1 i o (B) u G L - 3 Board or Commission you wish to continue serving on ?c, c * Other Board or Commission you wish to be considered for /✓� Signature Date RETURN APPLICATION TO: City Clerk City of Shakopee �O��V�O 129 Holmes Street South Lt44/ 2 Shakopee,MN 55379 CO) 1998 445-3650 op Sy,�k®p DATE RECEIVED: JHN-Gb-]. 107.44ic '1.6-P.,' IJ.v .�, Name: Pay id TD G SS Address: 1 ala Jv1 We"' 51 s, AaNyV1, MN X5379 Phone:(H) L1 X15 79 67 (B) - 1SSy How long have you been a Shakopee Resident? A/ yrs, Occupation: rn cc 49'±177 Does your work require you to travel?(Check one) A great deal Periodically X Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (UselIa separate sheet if necessary) it e D av 0 v e //7 S/av f tf L l(°G a// h7�e. v i X19 I i t rd A e 'fol 29 y/S. )f/70A 4A e town is yre,Ar7 r Lino a yr Pa't c- r.✓', Board or Commission in which you are interested? (If more than one, please indicate order of preference) I1' fair ie L . ,lanniy Gtr Asian, ?1,ose Rave 11i. /VI Oil ince fest- e, ©-}Air boards hnay !AA&fK. Please state briefly why you are interested in serving on this Board/Commission for whiff.you are submitting an application: : 'v e A e en a SAa Kole& AeS/d 'n7- Qt 1 2 . out- w1 e re .spa Xo/otoe is )eatr'a. I lush Aa via a Say Iii %A-AcA d/f� ran Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ No4. If yes, please provide the details on a separate sheet of paper. J nw-GO-J. O t.7•-r-r Please list three references(Name,Address,Phone): i. .46 Net/ &lam 7÷'' ave., 0/3-- 019 2. ; .(/y tehnen S 5. kite* st' 1/4s= I cL5 3. .Bo b 1.4/5404 •Z3y/ fey I" 1/96 - ays'1 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. 2C14-6;", C— 4.4d Signature Date RECEIVED RETURN APPLICATION AND PLEDGE TO: JAN 2 7 1998 City Clerk City of Shakopee GIN OF SHAKOPEE 129 Holmes Street South Shakopee, MN 55379 Name:iR is K r R t e D RI c.H SEN Address: l 9'15 ERS riA,Ake Aut_ Phone:(H) 1+45 - 9010 (B) 8 3 0 - o s G How long have you been a Shakopee Resident? L M A w 1U S Occupation: [Ago GE,AY Lu N-oLis @LF f)U eE.2 Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) z(AMt. Z,aTELEsTNG Pg&K.4-12 cc. P2OL,aAM � w 11A) 0(pit NttG.Ikani >%aoc vaXS Ar5kt4:› -ro i4.6 LP 00 "NC " PRAie.le, Bea AM16oC0a4p S ►t` . Z R1-rihrbr..Q PIs.. r1 f-roJGs 1440 -rmi it 4) f wAs -melt) 7,3 YI)t_ FALL of `91 Board or Commission in which you are interested? (If more than one, please indicate order of preference) PORK - BLLB;qno/%-) PIDV 1 SLIM 'pRiCD Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: gFip N Ew -ro -rut ca"r►uArry) a cEA L 7IJA? M`f 9/hal PA-n0piON TIL1S G;paep WOULD 6L 14V way Ot LE4A.0lVG► AND CAR)I n.. '314 LK 115 Out CA ry. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_No '✓. If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address, Phone): 495-1809 1. a 1c: ki4LEY 1E" mAnt 5o,.., s-r& er So. SMpknpsz MN SSZi9 2. 1306 .5E4 x441 V S 7 Vic tofu*MN SS 3 B(o �'k/�3'7�0 1' S53 q7 3. S1�IE2t AQQD6.ut a., 1 7q 4(Q L1etlueo1) c-c. Eov PRA kat AA) °lO( —0055 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. jA • RECEIVED Signature 25 -� JAN 2 6 1998 l rg CITY OF Date SHAKOPEE RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 APPLICATION FOR REAPPOINTMENT TO A CITY OF SHAKOPEE ADVISORY BOARD AND/OR COMNIISSION If you have previously completed an application for a board and/or commission,please complete this abbreviated application form for reappointment. Name: - E' U Nf TH Address: 97! Std, i p.-7. s? , Phone: (H) H96-Aro 3 (B) 507 =387- Noo, Board or Commission you wish to continue serving on 5 P(4 C t - Other Board or Commission you wish to be considered for `---- Signature 01/01/91. Date RETURN APPLICATION TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee,MN 55379 445-3650 DATE RECEIVED: //0? Name: 706P--02_, 474'e---4 Address: o34c9--5.71/01-4 ialte/te Phone:(H) 1q 5 55g5 (B) /''�n `offM 5 -to? (773J 1 How long have you been a Shakopee Resident? �o1G�', . t Occupation: a / Does your work require you to travel? (Check one) A great deal Periodically / ` Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) 2/90— /./_ ,u/_��/� <-"===�/. 1 �.�✓moi, - ,, i ' ./ is/9/ (24 (4-6 /127:‘-.1 ' / / / .1 i t.-14/6 A1./ / L:W/.�� -L 4 /1a-.1 ....i.� i�_/ ' . -G v Board or Commission in which y•• are interested? (If mo than one, please infficate o •- preference) D6c1 �, _ — f ay/ �J 1T '�i--L.�'J ,i ,� ✓ Qp Please state briefly why you are interested in serving on this Board/Commission for which you are " . submitting an application: _ � ,./..42.-&-,-,-,K. C - -d /-0-1-te"-2e--i df--etit1V. CC '` te delLe--4L6 .1 ... .t s , y_.A,A_,6,4 4 I .,, _2,?}-e-tk' „tit" ..cez- r,d-06-1-69,--e-e_ a--7-z-a i/. 71.4.-,-Le ionflict of intere ode ed as the participation i any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in an business, however organized, which could be constructed as a conflict of interest? YesNo . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address, Phone): 1. /Ca 11N Jqa5cJ , ' 7 )/Sita �iclye Za,1 JAa'evee, — / / cf/' `1'Ju/' SCQ.-rcd.�� yys-6ib/ 2.c 4i r le Dlsa� ee leve �, y yJ y t -VV 2755 3.J e S /v&/'net/ 1/ $)L7 Shvvn.04 1 t /54akvp 1-7--4/4/5-3739i I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. tur. 4706Ar Signa Date qecevED RETURN APPLICATION AND PLEDGE TO: ��JAN 2 199 City Clerk 8 City of Shakopee CITY 129 Holmes Street South OF SHAKflpEz Shakopee, MN 55379 C! Address: VI . /& /f S c7— Name: /�)�/p4 /, .l(�/f/ Phone:(H) y96 aL i ‘ 7 (B) How long have you been a Shakopee Resident? (, y6i0-4P 5 Occupation: 8 6(./7 jw-7/4e'3 Does your work require you to travel? (Check one) A great deal Periodically I< Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) AiAiirdi C ;7/ .' c_/L ,ifBlr , 41, Sf/!%J e.tc . 4 a" ,& M 5 C//—(,ii 5 S ion 5 ng/ieC9( ,t CL�GIi1A1A /i/et_, /moif�cr,il,E /7,0f€44) . y Board or Commission in which you are interested? (If more than one, please indicate order of preference ,Vi/ '.- /� 6 d jai1�i1\11 A & ® /994/CE a/4- si�d/lam 44 1( 4,D4l, ', 11p.1 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ____/. Alf i)i7 L) Spy iit./eFOD /J Viz( ,4e'77' '/��tz&ege6c1 ©f d(rifC�7 f, /F 'I (fl /7y ®,g i, ..0 of /ft 4.64"%s Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be 1 direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any usiness, however organized, which could be constructed as a conflict of interest? Yes_ No . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. \o D6,/ / we x76-/‘ -R 2. t edi /(CAo' t l i ve 4/Q63. /poi s L S #‘-'/6;5( I hereby certify that the facts within the foregoing application are true and correct to the best of my know g . Signature -7" ‹ Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 / N NAME: BURL A. ZORN 804 LEWIS ST. SOUTH SHAKOPEE, MN 55379 TEL/FAX (612) 496-2867 CURRENT EMPLOYMENT: Self employed. owner B. Z.B. Distributing Co . Sales and distribution of wholesale frozen food products to bars/restaurants throughout state of Minnesota. SUMMARY OF QUALIFICATIONS: Extensive experience (30 years) in direction and management of aviation operations worldwide including Alaska, U . S. , Europe , Middle East and Far East . Marketing and sale of Aerospace and Defense products throughout the Mid East . EXPERIENCE: Director , Middle East Sales and Marketing, Boeing Helicopters , Philadelphia, PA Responsible for Marketing and Sale of Boeing Helicopter products and services throughout the Mid East to include contracting in-country consultants for each country market . Vice President , Boeing Middle East Ltd. , Riyadh, Saudi Arabia Responsible for Marketing, Customer Support and Sales for Boeing Vertol products in the Islamic world from Morocco east to Pakistan. Managing Director , Bell Helicopter Arabia, Riyadh, Saudi Arabia ' Instrumental in formation of joint venture between Bell Helicopter and SOGEREP. Bid and won maintenance contract for Saudi Air Force helicopter fleet . Responsible for organizing the company, recruiting work force , and implementing contract work for the operation and maintenance of 60 helicopters of the Royal Saudi Air Force in Saudi Arabia, Bahrain, and Yemen. Vice President , SOGEREP Ltd. , Riyadh, Saudi Arabia Responsible for aircraft sales and logistics support to Bell Helicopter operators in Saudi Arabia. Commander , Joint Task Force 11 , Honduras Responsible for the initial planning , force development and deployment of 55000+ manpower force from four services into Honduras for a 5 month exercise . - 2 EXPERIENCE: (cont'd) Program Manager, SALF Aviation Program, Riyadh Responsible for initiating and developing the overall Army Aviation Program for the Saudi Arabia Land Forces (SALF) valued at 6+ billion U.S . Dollars. Commander, 7th Aviation Battalion, California Responsible for the total aspect of operations , personnel, training, maintenance, logistics, etc. , for a unit of 1000 personnel, 80 helicopters, 250 vehicles , hangars , barracks and mess facilities. Chief, Command Operation Center on National Emergency Airborne Command Post, Washington, D.C. Responsible to the President of the United States for the execution and management of contingency military operations worldwide. Deputy, Senior Advisor to West Virginia Army National Guard, West Virginia Responsible for the implementation of training and logistics initiatives within the diverse units of the 8000-man West Virginia Army National Guard. Executive Officer, 222nd Aviation Battalion, Alaska Second in Command of an Aviation unit totaling in excess of 1300 personnel and 100 aircraft operating throughout the State of Alaska. Responsible for the direct supervision of the Battalion staff including personnel, intelligence, operations , maintenance, logistics and field support. Commander, 242nd Aviation Company, Alaska Responsible for the total operational aspect of a unit consisting of 29 aircraft (CH-47 , CH-54 and UH-1) , in excess of 300 personnel and 50+ ground vehicles with operations throughout Alaska. Aviation Staff Officer, Fifth U.S. Army, Illinois Responsible for the operational planning and Army Aviation utilization of aircraft, crew and facilities in an 11 state area. - 3 EXPERIENCE: (cont'd) Operations Office, 273rd Aviation Company, Vietnam Responsible for the operational planning and daily scheduling of Combat Aviation missions for a unit of 12 CH-54 (Flying Crane) helicopters. Operations Training Officer, Ft. Rucker Responsible for the scheduling of aircraft, student pilots, instructor pilots, classroom and stage fields for the training of army student pilots under a system which received 500+ student pilots per month for a 9 month course of instruction. Operations Officer, Delta Aviation Battalion, Vietnam Responsible for the planning and execution of Aviation Combat Operations within a Corps area of South Vietnam. The Battalion employed an excess of 50 aircraft per day in combat operations. Platoon Commander in Vietnam and Germany Responsible for the training, maintenance and execution of daily missions for a platoon of 6 aircraft and their crews. - 4 - EDUCATION: -BACHELOR OF ARTS, Political Science and History University of Minnesota POST GRADUATE COURSES -Army Officers Basic -Infantry Officers Advanced -Command and General Staff College -Officers Aviation, Basic -Helicopter Instrument School -Instrument Examiners School -Numerous other minor schools both within the U . S. Army and in civilian industry; subjects related to command, personnel , logistics , maintenance, training , operations , law, quality, sales and marketing . PERSONAL STATUS: -Married , living with wife in owned home in Shakopee , MN. Children have all departed home and live independently. -Health - Excellent MILITARY EXPERIENCE 1959-1984 BURL A. ZORN COL (RETIRED) Military Career Entered the U.S. Army as a 2LT after being commissioned as a Distinguished Military Graduate from the University of Minnesota. Commanded aviation units at platoon, company and battalion level in Europe, Asia and the United States to include Alaska. Accumu- lated 4000 hours of flight experience primarily in rotary wing aircraft to include OH-13 , OH-23 , OH-58 , UH-1 , H-19 , H-34 , H-21 , CH-54, CH-47 and AH-1 . Was qualified as a rotary wing instrument examiner in 1966. Varied duties outside line units have included: rotary wing instrument training instructor at the U.S. Army Aviation school; Operations Officer for the Instrument Division at U.S. Army Aviation School scheduling/coordinating training activi- ties for student flow of 400 primary helicopter trainees per month; served two years in combat in Viet Nam as Operations Officer at company and battalion levels. Aviation Staff Officer, Fifth U.S. Army, responsible for operational planning and Army Aviation utilization for Active, Reserve and National Guard Units in eleven state area; Executive Officer of the largest aviation battalion in U.S . Army in Alaska 1972-74; Deputy Senior Advisor to West Virginia Army National Guard responsible for implementation of training and logistics initiatives within units of the West Virginia National Guard; served three years on staff of Joint Chiefs of Staff within National Military Command Center in several positions to include Emergency Actions , Current Operations, Chief; Command Operations Center and Team Chief on board the National Emergency Airborne Command Post (NEACP) . In these positions was responsible to the President of the United States for execution and management of war plans/contingency military operations worldwide; program manager/advisor for the Saudi Arabian Land Force Army Aviation program, a 6 .5 billion dollar program I was charged to refine and implement; served as Chief of Staff, Joint Task Force 7 , U.S. Army Readiness Command and Commander, Joint Task Force 11 , U.S. Army Readiness Command. As commander, Joint Task Force 11 , coordinated, planned and initiated an extensive (5000 man) deployment and training exercise in Honduras with Honduran and other sensitive Central American officials together with U.S. State Department and representatives of tell four U.S. uniformed services. While commanding an Aviation battalion in California, my unit was selected and successfully conducted the Army Operational Test of the AH-64, a project which experienced considerable congressional and DOD oversight and lasted nine months. During my military career, my achievements were recog- nized by award of Legion of Merit, Bronze Star, numerous Air Medals, Commendation Medals as well as other campaign ribbons and awards. - 2 - Political/MIlitary Experience • Viet Nam 1963-64 , 67-68 : Coordination of numerous military and civil action operations with officials of South Vietnam government. • National Emergency Airborne Command Post: Coordination of U.S. contingency plans with White House, State, DOD and Unified/Specified DOD commands worldwide. • Operational Test of AH-64 : Continually briefed congressman, industry representatives and military representatives of all services on conduct of test. • Project Manager/Advisor for SALFAA: Refined and initiated an aviation program for the Saudi Arabian Land Forces. During this period, developed and authored the aviation plan for the Ministry of Interior of Saudi Arabia. • Commander Joint Task Force 11: Planned and initiated execution of major training exercise with/within government of Honduras. Military Schooling • Basic Infantry Officers School • U.S. Army Helicopter School • Rotary Wing Instrument School • Advanced Infantry Officers School • Nuclear Weapons Employment School • Rotary Wing Instrument Examiners School • Command and General Staff College • Numerous other schools within U.S. Army: subjects related to command, training, personnel, maintenance, logistics, chemical warfare, military justice, etc. Civilian Education • Bachelor of Arts , History and Political Science University of Minnesota Strengths • Leadership • Organizational skills • International experience • Political experience • Knowledge of helicopter operations • Executive experience and skills • Personal traits of honesty, tenacity, dependability and aggressiveness JAN 27 ' 98 13 : 50 FR U M I 612 474 7689 TO 4456718 _• P . 02/04 �r . av �JJ.J a� IBJ A ' Name:/X,,,/24LG Address: f\J `� '��- Phone:(H) y4/ 4/53"7 (B) -/7 O — <-7/ z How long have you been a Shakopee Resident? / L y A A-5 Occupation: ri/i`�/1/.4 G Fri? - Does your work require you to travel?(Check one) A great deal Periodically JVery Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) r� 2 pF .X2J'c21T{/v c - /F2).9 (-uJo rr S rq S //.9 la) , Board or Commission in which you are interested? (If more than one, please indicate order of preference) 5h/79,e07 JE__ -?c)t3L! c Or/ < i Tial S C. a✓4t/4 5 'a Please state briefly why you are interested in serving on this Board/Commission for which you are :; submitting an application: . 1 i .-F•• T A/v C u,� ) pe4N yvi/(/6. /112(C45S5 :r2 y \'/,c,co5 O ,./2 G20��'`i�' 1Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes` No:X. If yes, please provide the details on a separate sheet of paper. JAN 26 ' 98 15:46 612 445 6718 PAGE. 007 JAN 27 ' 98 13 : 51 FR U M I 612 474 7689 TO 4456718 P . 03/04 Please list three references(Name,Address,Phone): 1. �5 7/.41vtionl _1027 //•9j2/ sot& 4/4/5 -2agl 2 1��T t•1 7'17 J► 571i -.1,P6)r- I(/f 5-Cage, 3. J f' L17I(7151Z (4 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 JAN 26 '98 15:46 612 445 6718 PAGE. 008 Name:9èfVc—f / - JAddress: 02 ( 3 ciZ I c � p U Phone:(H) Li�J CT 7�(i (B) 3 0 3 7 (? 0 How long have you been a Shakopee Resident? c —;l ,N- T Occupation: EN � ✓ (J i c� / Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if peyrY) i�( C C I (fi ) m<-1 - � ff � .: SCS IiTu- ^ t�`� C� (c /V 1,416c-f.,:!--e- 4-7/1 ��'✓J p✓ S i�� /Y� Q Y� rti` 2.�-6 o - /JD 0-4 O(rt ct pe_T Board or Commission in which you ar4 interested? (If more than one, please indicate order of preference) r C ( - a/44 c4i rif (su Please state briefly why you are interested in serving on this Board/Commission for which ou are submitting an application: ,1 r e ety (or,- -7/-1, o d - 5c Imo`r 0 ' c� c v —li Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any)osiness, however organized, which could be constructed as a conflict of interest? YesNo_. If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): J1\ Salm- 1/-n- .1-S ())3- 2.1. DC) � eV C- aa2J /" 2. ( C . r7 (c-- PA_to.c._ 41-4- GP3), sY(d) a k .J -r– 0^� (/6� �r rtLc� 1 )..J C- Ulm( CLQ 7 Vr ° 3. ,I /1S � I hereby ce;m that the facts within the foregoing application are true and correct to the best of my know dge. Signa e - e - ? cP Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 JAN 2 11998 CITY OF SHAKOPEE Name: Ron Ward Address: 842 So. Main Street Phone:(H) 445-2891 (B) 496-5008 How long have you been a Shakopee Resident? 32 years Occupation: Personnel Director, Shakopee Public Schools Does your work require you to travel? (Check one) A great deal Periodically x Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Well versed in employment law and practices. Board or Commission in which you are interested? (If more than one, please indicate order of preference) Police Civil Service Commission Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I believe that I can make a positive contribution to this commission with a very short learning_ period. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_No x . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. Bob Ostlund, 2684 Lakeview Drive. Shakopee 445-9010(H) 49f -500s(w) 2. Barry Kirchmeier, 918 S. Minnesota St. , Shakopee 496-1508 3. Bob Mayer, 952 S. Clay St. , Shakopee 445-4560 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. /43z--tef"-e"le' %/oce_f Signature /- 7 - �5T OE Date CEHIED JANi RETURN APPLICATION AND PLEDGE TO: CI 1998 City Clerkry OP S�AKOP City of Shakopee EE 129 Holmes Street South Shakopee, MN 55379 9 Name: JAMES A - -gAS7Y/2. Address: 2C(24 +f'q- t . Phone:(H) 411S- 93 o3 (B) 6-)3 130`3 How long have you been a Shakopee Resident? 11 'Am-.s Pv s Occupation: ©6'D&W aNftna?Yt•1AlM(Mjr-- 7-4-0- C Does your work require you to travel? (Check one) A great deal Periodically K Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) tams A MtM aP 'NE cblE ca,t*l. two Potou4c. lo- s c. n-P. Board or Commission in which you are interested? (If more than one, please indicate order of preference) Cab/F Co4441 Js s io.0 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Sr WNOT Tb (oil-X- b &7'n-4E x•A4441' 0•A) itto6 4cL s Co-LP. 8*ck to 4 (ouniaa, Mi) We - 4 hi l e iwo ro ewi-o1c CMS i ss i oAf Ivor 6/wt.'s Li Ce 'ME PA-sr' i'' V emaS1; , Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in anusiness, however organized, which could be constructed as a conflict of interest? Yes_No . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. 13i)/ 1Jo2.so.0 I°4,6 Up Ibt, Sr. q-c(s'- /I a"? V�I0 s 1291 h' 7: ti5-S gI(3 2. 'WE �s� 60045 2-91 3. 106 2 lo?? itt tut-i(2' -sr Lft(s -307e. I here. -ertify that the facts i the foregoing application are true and correct to the best of my 1.o' ledge. Ala f wI.1i �) ��r► . JA Si:A!ture —9111.1 RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ,P C01-6) r,m/hat;d/t., ci .RJ Lip armee) ] • 91-1 i , i, Name: GOOki GOE7 Z/1'111 A) Address: / 0 87 -r-Yt.ER sr S. Phone:(H) 6 , 0 S 1g-0 i't7 (B) How long have you been a Shakopee Resident? >I i'1c,✓T1i'5 Occupation: EL.f -TKO,N 1Z. TQC.N'J 1 C[,4AJ — /Io.Je y k4)61--4- Does your work require you to travel? (Check one) A great deal Periodically Very Little X. None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) &-YriPi-ciz--2e eLB 4.-7,1 '67.: - fg le if e-HksTE-K (/91.5 - 19 9 0 Board or Commission in which you are interested? (If more than one, please indicate order of eren ferce) eABLg eermhi tAr(, ,07 IDA1 s '2t ae,„„wi LA4 e1-7 i ke_E s s Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Z ui AQ 7- To 73 - . id lie's-v' /A) A . eY,Nt u.✓l i y Vv L i e e K nc-T1'I T Y ,440) F£LT 1 Nfi I A RI INTE-KE 5 i 1P✓ `1r/is co in A tivBrnj i ©F TKE ,4 exp.q,tIV AO 4,001¢p74r'f'`f Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in an usiness,g however organized, which could be constructed as a conflict of interest? YesNo . If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address, Phone): 1. f►tA PK Eco RO G kFEsTG�{, �2'//l/ / frit) z S99 _0“..0C 2. fi ( W $4i , (9.4)11Gfl s ki l ciz 600 713 - y/ 7,1 3. 3o4 Hg spAj, ST eL©(,c.hI ki4 /J (61 60 4/3 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signatur ///07 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 414'4). Li; /CO 417 0-P //)/ 7. SHAKOPEE AO TEL :612-496-7682 Jan 2( iu • . i INU .uu:. .ul BEDEWED JAN 2 7 1998 CITY OF SHAKOP Name: DON MC NEIL Address: / 7?/ Nn a/V TAG SI. S. Phone:(H) IlLt S- 9026 (II) 'i?6 - 41/ 6 / How long have you been a Shakopee Resident? 1k' :91 Pi ? RA94-s 'NT Occupation: M4/. 13(er DP£Co42efiC- r yIei7)' /6CCOS(.1T IP&'efgaik,07 ,t- Does your work require you to travel? (Check one) (Loom) fl Cyto ve4och AAh.Y) A great deal Periodically IK Very Little ___ None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) PL E S E. R-E Fr tz _ .T� ,fr T ritctr t7_ *1 A o roes u Board or Commission in which you arc interested? (If more than one, please indicate order of preference) i. .SW4CCo#6S' CABLE GoRev e4'PAi) t. CArpt.0 Corr ot✓tcATioA1 COW, AOvtlifey. Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ,�__•_ . _....... 4460 1 /e6 Sa" Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? YesNo4 . if yes, please provide the details on a separate sheet of paper. /?f col VP.re‘,/if' SHAKOPEE AO TEL :612-49b—(b2 Jan 4( yts iu •0) P4U .u.J r .uo Please list three references(Name,Address, Phone): 1. —.77itiC Om MIS 327 frPifl S cfr/ALe, /1 Q s/i/veopror f.J yerevo4(.)044 2. T"( 72/7-1GgN‘/Dzie /oar S /441,Sr: .SimedraE-e/riti YY-r:'2'2;9 (6Yo/� 3. GARY kgef4'(M/7' /z8 S. #c44 ' ) YYS- 67r (4.'o479 I hereb certify that the facts within the foregoing application are true and correct to the best of .uowleige. Signature Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 N SHAKOPEE AO TEL :612-496-7682 Jan 27 98 1U :s2 NOr .u. References: Jane DuBois 3492 Westridgc Dr. Shukopee,496-2265, City Council member. Art l3annerman 1708 12 Ave. W., Shakopee,445-6921, Scott County Commissioner Ron Ward 3-6.5- S. louwes 5r 56fAiroPEE) 'i96-5o13, Shakopee Public Schools Application for the Cable Access Corporation and Advisory Commission Special interest and training Serving on the Board of Directors/Advisory Commission is an exciting opportunity to serve Shakopee and the franchise community, with a media source that reaches so many people. I had the opportunity to serve on the Board of Directors and the Advisory Commission (`96-`97) where we attempted to cover a lot of administrative issues. My interest would be to get the studio to focus on certifiable training, equipment,marketing of Cable Access to the Franchise audience and programming. An interest and need, is to do a survey of the services to the cable subcribcrs and the public at large. Also to do a survey of other cable studios for a comparison of services. Programming should be more inclusive to inclu.de individules, as well as community groups.'17ie Board needs to he more responsible for the marketing of Cable Access. The intent of Cable Access should be a Community Education resource. Training and background of a studio operation and its equipment is from: ')'raining at the Univ. of MN., video productions. While serving in the military, I received formal training and also supervised a communication media team to include video productions. Over the last 3 (three) years I have become more familiar with the Cable Access process by using the studio, producing videos,attending board meetings and viewing others. I am also involved in a Coamiiunication Media Task Force for the State of Mn. which I initiated and sit as chair. Its focus is also on video production. Interest in Serving: Focus: I believe that Shakopee,as well as the rest of the franchise area, needs to devclope a pro- active relationship with its local T.V. station,cable access, in order to market our community,to both residents and the tourist population. ) served on the board once beibre, I enjoyed the interaction and learning opportunity. Attachment: resume SHAKOPEE RO TEL :612-496-7682 Jan 2? 98 1u :31 NO .UuD r .L" (:n-Chaired the Christmas in May Public Relations Committee. Helped coordinate the advertising of the annual community project. Also assisted in the construction and clean-up of the projects. Produced a video for local Cable Access viewing.Assisted with the brochure. Conununity Action Program (CAP),annually volunteer for Thanksgiving and Christmas collections and distributions. Member of the American legion. • Produced Videos for Cable Access broadcasting: " "Meet David Minge" (U.S.2nd Dist. Congressman), . * District School Board Meetings (held bi-weekly and televised). * Meet the Shakopee Chamber of Commerce,an on-going series. * Valley Medical Campus, (St. Francis Hospital fund raising videos). ▪ St. Gertrude's Hospices center, Informational services video). * Shakpoee Derby Days Annual 3-day Celebration, Previous public relations committee chair. Produced videos for airing. * Produced video for airing"Welfare Refonn,'97", (Workforce Partners). s Produce political debate video tapes for airing. " Coordinate the distribution of videos for broadcasting between various cable providers. Video production in progress: * St.Prancis demolition * Blocks 3 &4 Demolition * Derby Days '97. * Overview of Spooky World * llist.ory of Shakopee * Welfare Reform * Shakopee Holiday lighting *Chamber of Commerce/Circus visits Shakopee. SHAKOPEE AO TEL :612-496-7682 Jan l( NO .'JLD r .v.7 Shakopee Cable Access T.V. Some items that could be discussed: - Programming: where produced, frequency videos are played, etc) - Studios video library (archival vs not) -Budget, revenues/expenses. - Training,use of studio equipment, i.e. certification of classes. - Conducting a Survey: of cable subscribers, users,video producers, etc. - Advertising of the Studio and its services,i.e. on cable, in the paper, other means. -Planning: one year plan -Planning: A long range plan ( 5 Years). -Relationship with ChI. 32 (educational), Chl. 33 (public access), and Channel 34 (government). - Interaction with other Cable Stations, the sharing of program materials/video tapes to he aired, etc. -Program grants, i.e. amounts, eligibility and frequency of awards. - Studio staffing, performance reviews, winter/summer hours,hours of operation, training etc. - Studio location, expenses etc. -Projects;i.e sporting events, educational; civic groups, etc -Awards: "best video of the year award" "best video of a particular group award", by age, subject matter, videos budget level, etc. - Additional Studio services that could be offered: dubbing, formalized training, advertising Services in the Valley News, news letter, etc. SHAKOPEE AO TEL :612-496-7682 Jan 2b lb :4r NO .uur r .uL DON MCNEIL 1101 Narm►keag St. • Shakopee, MN .5.5.?70 • Res: (612)445-9026 • Bus: (612)496-4161 • SHAKOPEE AO-SOC LIBRARY COMMITTEE The library system. should be the heart and soul of thc community, like a magnet that draws in all age groups. Xfeel we have to be creative in locating. new resouces and partners. As the City of Shakopee continuous to grow we will meet new and exciting challanges; population diversity, transportation and lousing issues,financial and employment needs. The library system must by part of that focal point of communication. Everyone is interested in communication, the closer to home the better. We need to look at a media center, utilizing some of the existing resources in the community, such as that of the Cable Access Franchise and its resources. Presently .1 serve on thc Scott County Library Board representing Shakopee. Appointment .1991?-2600. EDUCATION _.._..........__ t)tvW[RSl'1`il Ol;MINNL'S(YrA Graduate Course work 1969, Labor Relations cawves, Video Editing 1997 MANKATO STATE UNIVERSITY 1966-1969 B.S.,Business Administration/Marketing Originated the Univ. first Marketing Club; scholarship from business fraternity. EXPERIENCE MN DEI'ARTMENI'OF ECONOMIC SECURITY 1971 = Present I have a wide range of experience in employment programs. 'Responsibilities including marketing programs and services,case management and placement in employment. Was responsible as the Lead Worker,functional supervisor. Proficient in various computer applications and software. Marketing of services with various sized employers, local agencies and professional organizations marketing the One stop Workforce configuration ,job Service/Reemployment Insurance,and DRS. U.S.AIIMV(RESi:RVF.S), 1967 to 1994 Retired,rank of Master Sergeant. Served in various capacities to include Production Supervisor for a Battalion level Printing/Graphics section. Produced various publication:weekly papers for POW camps, and training camp year books. Other assignments: Special korc.es,MI, 82nd Airborne, Training supervisor. Conducted performance/evaluation reviews. Processed Security clearance requests. SHAKOPEE AO TEL :612-496-7682 Jan 2b 1b ;tis Ivo .uur r .tJ.7 Promotional Related Activities: Created projects,leaflets,brochures and workbooks for market.exposure • Participant in planning meetings;city,county and state levels • Campaign manager for local mayoral,and state representative candidates • Board of Directors,Shakopee Transportation &.Lnergy Commission • Board of Directors, Shakopee Area Cable Access Corporation/Commission. • Served on Dakota County Private indusuy Council (PIC). ► Served on MDES Commissioner's Task Force. • Director, Dakota County Manpower Consortium.- . Market Workforce Centers (Job Service/Re-employment insurance). through mass recruitment,job fairs,local media articles and presentations. ► Combined Charities Campaign Office Coordinator. • Produced marketing video:for St. Francis Regional Medical Center for for fund raising purposes for a new hospital campus * Board of Directors/ President (Chapter level)MAI'E. Previous[)irector. PROMOTIONAL km Arm)Acrivr'fn:S, • Shakopee Chamber of Commerce-Authored the Chamber's first Public }relations Committee and Chaired the 1'.lt. Committee. initiated and produced a regular televised "Meet the Chamber"show. Served on the Membership Committee. Initiated and implemented the city's first . Residential Holiday Lighting Contest;helped coordinate it as a Chamber event. Coordinated the means of advertising,prizes,and judging; produced a video advertising the event;worked with local merchants. ► City of Shakopee- Member of the Planning and Advertising Committee for Derby Days (au annual 3-day event);produced videos to include all the events. Appointed by the City Council (a 3 yr. teen)to represent the city relating to the.Franchise and the cities interest. Served on the Advisory/ Access Corporation Board,Chairman of both. $120,000 annual budget. Monitored contract.'review rules Si.procedures,conduct.meetings and authorize expenditures. ► Minnesota Dept. of Economic Sanely- * Account Representative; recruit and market Workforce Center programs and services, develop labor exchange Mass recruiting; plan,schedule and follow up with larger employers,i.e., Certainteed, Renaissance,Canterbury Park,Inland Container and various relationships, utilize various means;media (radio,`F.V.),mass recruiting; plan ,schedule and follow-up with employers and/or partners. ° West. Metro Partnership Planning Project;served on the Application Review Committee. Served on a state wide committee for review of Job Service procedures,relating to P.C. screens, content summary and narrative.. Staffed informational booths, (State and county fairs). Member of the Scott.County Economic Development Coalition (Labor Issues Task Force).,Initiated Scott Counties'First Job Fair. Certified Creative job Seeking Skills (C.JS) instructor. Completed Marketing related courses: `Media training (U of M). Preparing for the Future of'Employer Services.,Generate mailers for specific events, promotional events. Member of the the A.M.L.(Alliance of Meimplitan Employers) personnel group and Scott County Economic Coalition. • •T. - .� SHAKOPEE AO TEL :612-496-7682 J an to yu i o •'+y ivu .'U r •�`' + (omnruni y Im'ofvcmcnt and iwtivitio-Campaign manager for a mayoral candidate;produced video (means to be aired;frequency,script, etc.), surveys, phone,direct mail and held strategy meetings. Co-Chaired,the Christmas in May Public Relations C:c»nntittce. i biped coordinate the advertising of the annual community project. Also assisted in the constnrction and clean-up of the projects. Produced a video for local Cable Access viewing.Assisted with the brochure. Community Action Thanksgiving(CAP),annually volunteer for Thanksgiving and Christmas collections and distributions.Member of the American legion. * j'roducecl Videos for Cable Access broadcasting: * "Meet Daviel Mingc" (US. 2nd bist.Congressman), . " bistrict School Board Meetings (held bi-weekly and televised). * Meet.the Shakopee Chamber of Commerce,an on-going series. • Valley Medical Campus, (St. Prancis 1 lospital fund raising videos). * St. Gertrude's Hospices center,Informational services video). * Shakpoeee Derby Days Annual 3-day Celebration, Previous public relations committee chair.Produced videos for airing. * Produced video for airing"Welfare Reform,'97", (Workforce Partners). 'Product.political debate video tapes for airing. * Coordinate the distribution of videos for broadcasting between various cable providers. Video production in progress: * St.Francis demolition * Blocks 3 &4 Demolition * lletby bays'97. * Overview of Spooky'World * History of Shakopee * Welfare Reform * Shakopee Holiday lighting * Chamber of Commerce/Circus visits Shakopee.. APPLICATION FOR REAPPOINTMENT TO A CITY OF SHAKOPEE ADVISORY BOARD AND/OR COMMISSION If you have previously completed an application for a board and/or commission,please complete this abbreviated application form for reappointment. Name: 117 : 9 /4/A/X Address: /'£ /7‘97,-/ $i-- Phone: 6/9 G - 7 / (B) - Board or Commission you wish to continue serving on '77j. � +� ►� l� .� UJ'- t4 `Sv5)Jvc moo Other Board or Commission you wish to be considered for 1:7 Signature Date RETURN APPLICATION TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee,MN 55379 445-3650 DATE RECEIVED: ;iEOE/VEO JAN 2 9 1998 CIN OF SHAKOPEE • • Name: QO►..) C:a1n(S6 r,..) Address: �{C}U l ' d`'[P n �r Phone:(H) ►.-t u S - C6 7 L( (B) qt-051 66-14.7 How long have you been a Shakopee Resident? Occupation: P (c ce OP•' c 'i. - Does your work require you to travel? (Check one) A great deal Periodically Very Little i None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Com, L irl c.k acA.e p ty S r C et-0 UCPr4c; Gc.6?tip.cC ns;C f eA Pi; GrkcA en NJ PQ_AV 4-C1( ).-y Board or Commission in which you are interested? (If more than one, please indicate order of preference) / Pink c t rQ /LQ c,"t2Ar'7� / CQkur Sc'y Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: rto nc-/S-1 o-IQA )ti /`na6c 4t1/4:1 eco r ,iel(y f PP-ec,{ A4G (2,e c eA 4-co& 444 0 ti y Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_No` If yes, please provide the details on.a separate sheet of paper. Please list three references(Name,Address,Phone): 1. C (tvt Q 1..)6nv N kl, - 41 446 2. DOA-We ,E S . 003o 3. -'20 _ Qc 1(cst LRCS G S3� I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. n",.. ea St--- Signature 1 - 76 . Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South EC ,E.O Shakopee, MN 55379 JO 2 Ci ' 1998 iy��S11q� OpF . Name: kiN N e�h SL N N t `/ Address: J�,t(5- E" S'4t...0 e 4v !7 e Phone:(H) '- -t$ -- 7a" Cf 3 (B) How long have you been a Shakopee Resident? Lj 3 ye d1-5- - Occupation: D;r a b t.c/ Does your work require you to travel? (Check one) A great deal Periodically Very Little X None Do you have any special interests or training which you feel a particular board or commission could use? (Use a se arate sheet if nissaAT) Board or Commission in which you are interested? (If more than one, please indicate order of preference) , Ca4(* ComMrSs10G Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Opp p1 Na i* 15 bee.) vS,- D /}-N i NATr I Ju Iota•y t .Iel L C a N 7a i N51/0 � cro2 c2 .4/,r 7 , eCtG. 5-4.1k6pe-P •.k-td - Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ No?X . If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. 70"6pk-< W3M pooh S1`-S }-j,‘or (lS— IZRNI 2. Loy 14a4-14.4 f { 2 G 6 S' Mak54a1I Rd LF 4S— I R-7 3. Clav�c � - c ee, Tu �E ts 5tidko - -'r Av 101 49t- oP79 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. 444.,C7f-44V7' Signature 1/24/77 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum I S. 6), TO: Mayor and City Council FROM: Mark McNeill, City Administrator • SUBJECT: Police Chief Appointment DATE: January 30, 1998 INTRODUCTION: The Council is asked to act on a recommendation to appoint Daniel T. Hughes as Police Chief for Shakopee. BACKGROUND: At the January 20th meeting, the City Council heard a presentation by the Shakopee Police Civil Service Commission with the names of three finalists for the Police Chief position. The office will become vacant upon the retirement of Tom Steininger at the end of February. The direction from Council was that Mayor Brekke, and Councilor DuBois interview the three finalists, and provide a recommendation to the City Council at the February 3rd meeting. Mayor Brekke subsequently asked me as City Administrator to also serve on the interview panel. Interviews were conducted January 27th. Based upon those interviews, and other information that had been previously provided,the interview panel recommends that Daniel T. Hughes be appointed as Shakopee Police Chief, effective March 2, 1998. Mr. Hughes is currently Captain in the Burnsville Police Department, and has been employed by Burnsville in law enforcement since 1983. He had earlier been a full time fire fighter for the City of Burnsville. The panel also directed that I negotiate a compensation package with Mr. Hughes. The results of that are in the proposed"Terms of Employment", as attached. The highlights of that agreement are as follows: Salary - The advertised starting maximum salary for the Police Chief was Step 6 of Grade 0, $67,416. It is recommended that he go to Step 7 after six months, and, assuming successful completion of his probationary period, go to the top step after one year of employment. Performance/Merit Pay - Mr. Hughes is proposed to be made eligible for performance pay, as is currently provided other Police Department employees. The previous practice for Police Chiefs was that they did not have that incentive. Vacation Leave- He would be eligible for three weeks of employment,plus an additional week as an exempt employee, for a total of four. Sick Leave-It is proposed that he be granted 240 hours sick leave "on the books" at the start of employment and would be able to accrue to a maximum of 720 hours (vs. 960 for other police employees). Training and Professional Development - In addition to traditional police training activities, as department head,he would be entitled to attend one national conference, if budgeted. Clothing Allowance -The City would provide an initial set of uniforms, at a cost not to exceed $1,000. Thereafter, he would be entitled to replacement uniform parts, up to the amount negotiated for other police contracts ($500 in 1998). It should be noted that other items such as holidays, tuition reimbursement, other leaves, and insurance packages would be similar to those provided other police contract employees. RECOMMENDATION: The panel recommends Daniel T. Hughes be appointed as Chief of Police for the City of Shakopee, effective March 2, 1998. ACTION REQUIRED: If the Council concurs, it should, by motion,take the following actions: 1. Authorize execution of the Terms of Employment as provided. 2. Appoint Daniel T. Hughes as Shakopee Police Chief, effective March 2, 1998. l vV`IU i L Mark McNeill City Administrator MM:tw TERMS OF EMPLOYMENT This Agreement is made as of February 3, 1998 for the purpose of putting into writing the terms of employment by and between the City of Shakopee ("Employer") and Daniel T. Hughes ("Employee") in his employment as Chief of Police for the City of Shakopee. The following terms of employment are agreed upon between the Employer and Employee: CIVIL SERVICE: Employee is covered by Civil Service as provided for by state law, city code, and the rules and regulations of the Shakopee Police Civil Service Commission. Nothing in the agreement is intended to alter, modify or supersede those laws, codes, rules or regulations. which shall take precedence over and supersede any provision of this Agreement. DISCIPLINE: Upon Employee's satisfactory completion of his probationary period. Employer may discipline the employee for just cause. Discipline may take the following forms: written reprimand, suspension. demotion, or discharge. CONSTITUTIONAL PROTECTION: The Employee shall have all the rights granted to all citizens by the United States and Minnesota State Constitution. CLOTHING ALLOWANCE: In lieu of an annualclothing, allowance, the Employee shall be provided with an initial set of uniforms by the City of Shakopee. at a cost not to exceed $1,000. The Employer shall also provide an appropriate hand gun and communications equipment. Thereafter. replacement uniform items will be provided by the Employer as needed from time to time, up to the amount negotiated as annual reimbursement for the police sergeants. HOLIDAYS: The Employee shall be provided 88 hours of holiday time at the beginning of each year, to be used by the Employee on days as mutually agreed with the Employer. If the Employee terminates employment mid-year. the final paycheck shall be adjusted to allow for the proportional number of holidays which would otherwise be taken to the date of termination. PERFORMANCE/MERIT PAY: The Employee shall be eligible for pay for performance guidelines as defined in the contract for the police sergeants. JJT1374 4 1 SW155-23 Z6P-d 01/LO d ZZ6-1 01E6LEEZt9 N3AYa9 V A03NN3N-w0Jd weZb:Ol 86-0E-UEf TUITION/EDUCATION PAY: The Employee may elect to take advantage of any City policy on tuition for further education. VACATION LEAVE: vacation leave shall be accrued in the amount of 3 weeks annually for the Employee. In addition, as an exempt employee under FLSA, the Employee shall also be entitled to an additional week of vacation annually as partial consideration for hours worked outside of standard business hours. The accrual rate shall be increased to 4 weeks per year at the end of Year 5 of employment. The Employee shall be allowed to carry over annual vacation accumulation according to the policy for the police sergeants. SICK LEAVE: The Employee shall be granted 240 hours sick leave "on the books" at the start of employment, and shall accrue additional sick leave in the amount of 8 hours per month_ The Employee may accumulate sick leave to a maximum of 720 hours. The Employee may elect to convert sick leave to vacation at the rate of 3 hours of sick leave to 1 hour of vacation up to a maximum of 20 hours of vacation per year per City policy, keeping in effect a minimum of 160 hours of sick leave. If in the future this is negotiated with the police sergeant union for the banking of excess hours to be applied to health insurance premiums after retirements the Employee shall be afforded those same provision. SEVERANCE PAY: The Employee shall be entitled to severance pay with terms consistent with those afforded the police sergeants. OTHER LEAVES: Other leaves shall be provided in accordance with applicable State and Federal laws, pursuant to the police sergeant contract. HEALTH AND WELFARE: The Employee shall be provided health, dental, and disability benefits according to City policy, as applicable to other City employees. LIFE INSURANCE: The Employee shall receive and be granted life insurance benefits commensurate with other City employees. In 1998. that amount is $25.000. JJT l 4 74 2 SFS155-2? Z6b—d Ot/80°d ZZ6-1 OtE5LEEZtS N3AYNn A03NN3N—woJd wrZY:OI 86-0E-11E1 TRAINING AND PROFESSIONAL DEVELOPMENT: As Chief of Police,the Employee holds a position thatmquires ongoing professional training and development to perform the functions required by the Employee's duties and managerial responsibilities for the operation;of the Police Department. Therefore. the Employee shall be allowed to attend training sessions to enable better management and operation of the Police Department. The Employer shall allow participation and pay for the costs in organizations that are affiliated with law enforcement (i.e., Chiefs` Association, etc.) that are beneficial to the Employer and the Department. The participation and cost will be reviewed and approved in advance by the Employer. P.O.S.T. -approved courses shall also be undertaken by the Employee with Employer approval. The Employee shall also be allowed to attend training seminars (National Chiefs', State Chiefs'. etc.) if budgeted in advance. The Employer will also pay reasonable expenses to attend authorized training sessions. LEGAL PROTECTION: The Employee shall receive the same legal protection granted to other police employees. The Employee shall also be protected with liability insurance supplied by the Employer for police officers. COMPENSATORY TIME: The Employee is a department head and is an exempt employee under PLSA and is not entitled to overtime pay. The Employee shall therefore be permitted to take time off. from time to time, providing it is not excessive, has Employer prior approval,and is consistent with City formal and informal policies. See also section on "vacation leave". SALARY/COMPENSATION: The Employee shall be compensated to start at Step 6. Grade 0 of the City of Shakopee Pay Plan. That 1998 amount is $67,416 annually. The date of employment for anniversary purposes is March 2, 1998. Assuming satisfactory completion of the probationary period, Employee shall go to Step 7 six months following the date of employment, and shall go to Step 8 at the one year anniversary of the start of employment. Thereafter, annual adjustments shall be provided according to the City policy applicable to other non-contract City employees. The Employee shall be afforded an opportunity to participate in the City's "flexible benefits" program for the purpose of providing pre-tax payment of qualified insurance, medical. and daycare expenses. JJI137171 3 snss-23 Z6b-d 01/60 d ZZ6-1 OLEBAEEZ19 N3AY85 7 AO3NN3N-woad weEp:01 86-0E-Uef RETIREMENT BENEFITS: The Employer shall make usual contributions to the Public Employees Retirement Association. in accordance with Federal and State laws. The Employee shall also be provided an opportunity to defer compensation, as allowed by law, into qualified IRS Section 457 plans as may be provided by the City. VE}UCLE USAGE: The Employer shall allow the Employee the use of a City vehicle for City purposes, and for limited personal use incidental to travel within Shakopee, or to and from the Employee's house and workplace. The limited use of the vehicle will not be excessive, and the Employee shall document all personal use. It is also understood that the Employee may be issued a Federal Income Tax W-2 form and have income tax obligations for this personal use. MOVING ALLOWANCE: The Employer and Employee recognize the benefit of the Employee residing within corporate limits of the City of Shakopee. As such, and as an inducement for the Employee to move from his current residence in Burnsville, the City will provide up to $5,000 as reimbursement for expenses relating to a household move(such as professional moving company or personal moving expenses, mortgage points, Realtor fees), if the move is completed within one year of the start of employment. If the move is completed later than at the end of 12 months, but before the end of 24 months, the reimbursement amount will be $4,000: if the move is completed after the end of 24 months, but before the end of 30 months, the reimbursement amount will be $3,000. Thereafter, there would be no City participation in a move to establish a residence in Shakopee. EMPLOYEE: DANIEL T. HUGHES EMPLOYER: CITY OF SHAKOPEE By By: Mayor Jon Brekke Daniel T. Hughes By: Mark McNeill, City Administrator By: Judith S. Cox, City Clerk aJT131474 4 SH155-23 Z6P—d Ot/Ot d ZZ6-1. OtE6IEEZt9 N3AY0 V A03NN3N—woad ti p:01 86-0E—utf CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Chief Terms of Employment DATE: January 30, 1998 • Please consider the following two modifications from the copy enclosed in your packet. VACATION LEAVE- ADD: Employee shall be granted 120 hours of vacation"on the books"to start. CHANGE: "Three weeks"to "120 hours"under accrual rate. SICK LEAVE - CHANGE: 240 hours of sick leave"on the books" at the start of employment,to 120 hours. kibtAiti Mark McNeill City Administrator MM:tw pis,C 6, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Chief Terms of Employment DATE: February 3, 1998. Please consider the following three modifications from the copy enclosed in your packet. VACATION LEAVE - ADD: Employee shall be granted 120 hours of vacation"on the books"to start. CHANGE: "Three weeks"to"120 hours"under accrual rate. SICK LEAVE - CHANGE: 240 hours of sick leave"on the books" at the start of employment,to 120 hours. START/ANNIVERSARY DATE - CHANGE: For insurance coverage purposes,change start date to March 1st, rather then March 2nd. 4-AtGi'jL, Mark McNeill City Administrator MM:tw 1(5: E, MEMORANDUM CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Exemption from Lawful Gambling License - Hope For Holt, Inc. DATE: January 30, 1998 INTRODUCTION AND BACKGROUND: The City has been asked to waive the 30 day review period in conjunction with an application from Hope For Holt, Inc. for an exemption from the lawful gambling license. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City. (This 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited. ) Hope For Holt, Inc. will be holding a raffle May 16, 1998, at the Shakopee Community Recreation Center. Their application was presented to the City Clerk for execution on January 30, 1998 . The City Council is being asked to waive the 30 day review period in order that their exemption application may be considered by the Commission as soon as possible. They wish to get their tickets printed and begin selling raffle tickets during the snowmobile races at Canterbury Park on February 7th. RECOMMENDED ACTION: Move to waive the 30 day review period for the application for exemption from lawful gambling license by Hope For Holt, Inc. for a raffle on May 16, 1998, at Shakopee Community Recreation Center, 1255 Fuller Street . l (1\ 6 t /✓ C' 41erk h:\judy\licenses\gamblway.hol CITY OF SHAKOPEE /SI E Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Finance Department Position DATE: January 29, 1998 INTRODUCTION: The Council is asked to adopt a job description for an Accountant III position, and authorize its . advertisement to fill a vacancy. BACKGROUND: At the January 6th meeting of the City Council, it accepted the resignation of Vernice Takumi, Accountant/Analyst in the Finance Department. This position was one of those identified in the 1998 budget to be reviewed for possible upgrading. Staff reviewed Ms. Takumi's job description that she had been asked to modify before she left, job descriptions of similar positions in comparable cities, and the Finance Director's desired qualifications and experience level. After much discussion, it was determined that an Assistant Finance Director position was not warranted for a department of this size -typically,those positions have supervisory responsibilities. The most current Stanton Survey shows typical Assistant Finance Directors supervising between 3 and 9 individuals. As Shakopee does not have utility billing in its Finance Department, and a total of only 4 positions are staffed in the department, the Assistant Finance Director did not seem warranted. However, in reviewing comparable job duties in the Stanton Survey, it appears that the responsibilities for the position and desired years of experience most closely matches that of an Stanton Survey Accountant III. In order to meet the job market pay, an increase from Step K to Step L appears warranted. That action would be a variation from the pay plan adopted last year, in which ranges L and above were designated for exempt employees only. So that this position may be advertised,we recommend that this non-exempt(in other words, eligible for overtime according to the Fair Labor Standards Act)position be advertised as a Step L compensation level. Based on previous history, it does not appear that this position would generate significant amounts of overtime. Based on review of the Stanton Survey positions for Finance,we recommend that at lease five years experience be required,which is the minimum amount to qualify an the Accountant III status (Entry Level Accountant specifies 0 - 2 years; the Stanton Survey Intermediate Accountant requires 2 -4 years experience. The Assistant Finance Director describes a need for a"broad" experience.) Further research will need to be done regarding a permanent solution to the exempt/non-exempt question, as there are other City positions currently in Step K that have been identified for possible pay reclassification. BUDGET IMPACT: With the Step L designation, we recommend that the full salary range($38,750 - $48,437)be advertised, with the rate to be filled depending upon qualifications. This way, if a very qualified individual is interested,potentially that individual might be started at or near the top step. The Finance Director is concerned that recent advertisements in other cities have yielded an inadequate number of respondents who are familiar with government accounting practices, and so adequate pay to attract qualified candidates is important. RECOMMENDATION: We recommend that the Accountant III job description be adopted, and that Scott County Personnel be authorized to advertise the position,with a salary as designated in Step L, depending upon qualifications. ACTION REQUIRED: If the Council concurs, it should, by motion, do the following: A. Adopt the proposed job description for Accountant III B. Authorize the advertisement of the position, with a salary of between$38,750 - $48,437, with starting salary to depend on qualifications. C. Adopt Resolution 4838, A RESOLUTION AMENDING RESOLUTION NO. 4799,WHICH ADOPTED THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE 014.4A Mark McNeill City Administrator • MM:tw CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Marilyn Remer, Payroll/Benefits Coordinator SUBJECT: Analysis of Accountant Position DATE: January 28, 1998 There are several factors to be considered in determining the appropriate placement of the Accountant position. Overall Increase The overall Metro Stanton Survey salary averages increased 2.9%for 1997 and 2.9%for 1996. The City of Shakopee's increased 2.5%for 1997 and 2.5%for 1996. Recent TUG salary surveys reveal 3.0%annual increases for the majority of Cities reporting for 1996 & 1997. This will tend to skew market comparisons. In order to be competitive,we are then forced to upgrade a position to get it into the desired market. 1997 Metro Survey Groupings&Population The City of Shakopee is reported in Group Six- Suburbs under 25,000 and over 10,000. Accountant 2 I reported the Shakopee Accountant/Analyst position in the 1997 Stanton Survey as job no. 84, Accountant 2. The Stanton average for group six is $33.8 - $43.2. The Accountant position is on the Shakopee 1998 Pay Plan Grade K, $36.4 - $45.5. Adjusting the 1997 Stanton by 2.9% still makes the City's 1998 pay range comparable. Grade K&L City of Shakopee Pay Plan Grades K&L are the result of splitting a grade due to the fact of exempt and non-exempt positions within the same grade at the time of implementation of the Fox Lawson pay grade system. At the time it was determined to split the grade,the city was given differing opinions from several consultants - some recommended the split- others were of the opinion that having exempt and non-exempt in the same grade level was not out of the ordinary and was an acceptable practice in many markets. Accountant 3 Stanton Accountant 3 is job no. 85. There is only one group six city (Hastings)reporting in that category with an average salary of$42.4 - $50.0. In comparison, group five cities (cities over 25,000) reported 7 cities with an average salary of$39.9 - $49.8 which would be more comparable with the City of Shakopee's Grade L (upper level of split grade)with a 1998 pay range of$38.9 - $48.4. We would then be comparing to larger cities and a more competitive market. The point range used to originally establish Grade K/L by the Fox Lawson study was 789 - 897 or 79 - 89. Accountant/Analyst had job value of 83 per the MAMA Benchmark schedule for Accountant(Intermediate). As recommended,this position would be comparable to other benchmark positions assigned 87 points, Grade L. The attached job description for Accountant 3 requires five years experience/training in government finance consistant with the Stanton report. (Accountant 2 requires 2-4 years). Assistant Finance Director Assistant Finance Director is Stanton job no. 87. Group Six Stanton cities report a salary average of$42.6 - $50.2. The MAMA Benchmark for Assistant Finance Director is 93. That would fall into the City's Grade M $44.1 - $55.2 which is somewhat higher than the stanton average even after adjusting the 1997 stanton by 2.9%. The position profile for Assistant Finance Director shows 11.4%time spent supervising other employees. With a small department,that is not applicable here. City of Shakopee Job Description JOB TITLE: Accountant 3 EXEMPT: No JOB CODE: 87 SALARY LEVEL: L DIVISION: Finance SHIFT: DEPARTMENT: Finance LOCATION: EMPLOYEE: REPORTS TO: Finance Director PREPARED BY: DATE: 1/28/98 APPROVED BY: DATE: SUMMARY: Applies principles of accounting to analyze financial information and prepare financial reports by performing the following duties . ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Assists Finance Director. Performs Financial Activities Assist/Compile Monthly and Comprehensive Annual Financial Report Performs monthly accounting. Including bank reconcilation, van pool activity, grant reporting, & ledger reconciliations and various other activity. Performs financial accounting including complex reconciliations . Prepare various reports and analysis . Performs cash management activities . Performs Communication Activities Compose material Use software to process information Perform routine communications with public Responds to questions on sewer billings Performs Budget and Financial Activities Monitor and report jurisdiction budgets and expenditures . Develop and provide accounting guidelines and information for budget preparation. Assist/prepare annual budget and amendments - 1 - JOB DESCRIPTION Job Title: Accountant 3 Provide payroll and special assessment functions back-up. Prepare Capital Improvement Plan Utilize Computer Applications Utilizes software such as complex spread sheets, word, power point, and LOGIS applications . Define, develop new applications using report generators, etc. Maintain financial and fixed asset systems . Perform Miscellaneous Administrative Activities Performs other duties as assigned or apparent Represent City at various meetings Assist other department staff as needed. Miscellaneous duties including data entry, copying etc. - 2 - City of Shakopee Job Description JOB TITLE: Accountant 3 EXEMPT: No JOB CODE: 87 SALARY LEVEL: L DIVISION: Finance SHIFT: DEPARTMENT: Finance LOCATION: EMPLOYEE: REPORTS TO: Finance Director PREPARED BY: DATE: 1/28/98 APPROVED BY: DATE: QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: Bachelor' s degree (B. A. ) in Accounting from four-year college or university; and five years related experience and/or training in governmental finance; CPA desirable. LANGUAGE SKILLS: Ability to read, analyze, and interpret common technical journals, financial reports, and legal documents . Ability to respond to common inquiries or complaints from regulatory agencies, or members of the public community. Ability to effectively present information to other municipal staff, public groups, and/or City Council . MATHEMATICAL SKILLS: Ability to apply basic mathematical concepts . REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions . Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables . OTHER SKILLS and ABILITIES: Experience with automated general ledger systems . - 3 - JOB DESCRIPTION Job Title : Accountant 3 Proficient in the use of Excel, and Word 6 . 0 . Speed and accuracy on the 10 key. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is regularly required to sit and use hands to finger, handle, or feel objects, tools, or controls . The employee frequently is required to reach with hands and arms and talk or hear. The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision and distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is occasionally exposed to vibration. The noise level in the work environment is usually moderate . - 4 - RESOLUTION NO. 4838 A RESOLUTION AMENDING RESOLUTION NO. 4799,WHICH ADOPTED THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 2, 1997,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 4799, approving the 1998 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1998 Pay Schedule for Officers and Non-Union Employees of the City of Shakopee at this time. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the Accountant classification is hereby deleted and the Accountant 3 position classification is added to the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the following pay steps: Grade L Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 AND that the Planning Technician position classification is hereby added to the Pay Schedule for Officers and Non-Union Employees of the City of Shakopee at the following pay steps: Grade H Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 AND,WHEREAS,Exempt positions are also identified in the Personnel Handbook and in the appropriate job descriptions,the Title Exempt and Non-Exempt are deleted and replaced with an Exempt Yes/No column in the 1998 Pay schedule as shown in attached pay schedule. Adopted in session of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1998 Pay Plan 1998 Step Step Step Step Step Step Step Step Exempt Title Grade 1 2 3 4 5 6 7 8 Yes Police Chief 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Yes PW Dir/Eng. 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Yes Corn.Dev.Dir. N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 Yes Finance Director N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 Yes Deputy Chief M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Yes Park&Rec.Dir. M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Yes Asst.City Eng. L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Yes Facility Manager L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Yes EDA Coordinator L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Yes Planner II L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Yes City Clerk L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 No Accountant 3 L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 No B Official K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 No Project Coord. K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 No PW Supervisor K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 No Tech III J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No Tech IV J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No Inspector J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No Rec.Asst. J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No Payroll/Benefits J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No PlannerI J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 No Exec Sec I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 No Tech II I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 No Planning Tech H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 No Secretary. H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 No Acct.Clerk H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 No Clerk Typ II H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 No Clerk Typ I G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 No Clerk Typ I G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 No Cust.Sery G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Not Used F $20,065 $20,782 $21,498 $22,215 $22,931 $23,648 $24,364 $25,081 No Custodian E $17,555 $18,182 $18,809 $19,436 $20,063 $20,690 $21,317 $21,944 Not Used D $15,371 $15,920 $16,469 $17,018 $17,567 $18,116 $18,665 $19,214 Not Used C $13,465 $13,946 $14,427 $14,908 $15,388 $15,869 $16,350 $16,831 Not Used B $11,745 $12,164 $12,584 $13,003 $13,423 $13,842 $14,262 $14,681 Not Used A $10,258 $10,624 $10,990 $11,357 $11,723 $12,089 $12,456 $12,822 98PAYPLN.XLS CITY OF SHAKOPEE )�� E ., Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Endorsement- Joint School/Park Site DATE: January 29, 1998. INTRODUCTION: The Council is asked to endorse a concept to develop a joint complex for the new upper elementary school site,to be combined with a City park. BACKGROUND: Staff from both I.S.D. 720 and the City have been examining locations east of the St. Francis . Regional Medical Center for a future school site. A location has been tentatively identified, and makes the best use of existing infrastructure availability. The school needs approximately 20 acres for an elementary school site. It is desirable to have additional green space, which might be obtained by the acquisition, and eventual development of a City park site to be adjacent to the school property. Whereas the school will need to acquire their property immediately through a purchase,the City can afford to take more time, and obtain a majority or all of its necessary 20 acres(subject to revision),through the normal park dedication process. Property owners adjacent to the site targeted by the school have been notified that the City is interested in negotiating specific portions of their property for park land dedication. The School District has asked that the City Council endorse this joint use concept,before actions committing the school a specific site take place. RECOMMENDATION: We recommend that the City Council endorse the concept for a joint elementary school/City • recreational park site. ACTION REQUIRED: If the Council concurs, it should,by motion, endorse the concept of a joint school/park site for the school site, tentatively located in the vicinity of St. Francis Regional Medical Center. Mark McNeill City Administrator Jan-27-98 03: 14P ISD #720 612 445 8446 P . 02 Shakopee School Board Superintendent Robert J. Ostlund siimiopEEDirector of Administrative Services: Kathy Busch, Chair Ronald E.Ward Anne Tuttle, Vice Chair Director of Business Services: PUBLIC SCHOOLS Jessica Geis,Clerk Robert N. Martin Todd Anderson,Treasurer Director of Curriculum&Instruction: District Office Lori Gllllck, Director Kenneth A. Rood Mary Romansky, Director Director of Special Services: Lee-Ann Sonborrr Steve Schneider, Director January 26, 1.998 City Administrator Mark McNeill Mayor Jon Brekke Members of the Council 129 South Holmes Street Shakopee, MN 55379 Re: Site for Joint Elementary School-City Recreational Park As you know, the city and school district have been discussing for some time, the advisability of a joint city park-school site in the vicinity of Si Francis Regional Medical Center. City and school district staff have examined several potential sites in that area. After examination of potential sites, in light of necessary timelines, sewer and water access, street access, etc., a primary potential site has emerged. The elementary school and associated play areas would be developed on the southern half of a 40 acre parcel currently owned by Greg and Gary Kerkow. The city would acquire adjacent property to the south and cast, through future purchase and/or park dedication, to complete the joint school-city park site. The school district is requesting the city council act to approve the concept of developing a joint complex at this site as outlined above. Tt is my understanding you may be able to take such action at your February 3, 1998, council meeting. I have enclosed a draft conceptual plan for the site. If any further information would be helpful, please let me know. sine , Bob Ostlund Superintendent of Schools RJO/ph cc: School Board Members 505 South Holmes • Shakopee, MN 55379 ,LL CCI ICOLS ACCRCDITCD DY TI IC NORTI I CCNTRAI ASSOCIATION (612)496-5000 - fax: (612)445-8446 AN COUAL OPPORTUNITY rMPI OY)-H sliAKoprE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Director of Administrative Services: Ronald E. Ward Anne Tuttle, Vice Chair Director of Business Services: PUBLIC SCHOOLS Jessica Geis, Clerk Robert N. Martin Todd Anderson, Treasurer Director of Curriculum&Instruction: District Office Lori Gillick, Director Kenneth A. Rood Mary Romansky, Director Director of Special Services: Steve Schneider, Director Lee Ann Sanborn January 26, 1998 City Administrator Mark McNeill Mayor Jon Brekke Members of the Council 129 South Holmes Street Shakopee,MN 55379 Re: Site for Joint Elementary School-City Recreational Park As you know, the city and school district have been discussing for some time, the advisability of a joint city park-school site in the vicinity of St. Francis Regional Medical Center. City and school district staff have examined several potential sites in that area. After examination of potential sites, in light of necessary timelines, sewer and water access, street access, etc., a primary potential site has emerged. The elementary school and associated play areas would be developed on the southern half of a 40 acre parcel currently owned by Greg and Gary Kerkow. The city would acquire adjacent property to the south and east, through future purchase and/or park dedication, to complete the joint school-city park site. The school district is requesting the city council act to approve the concept of developing a joint complex at this site as outlined above. It is my understanding you may be able to take such action at your February 3, 1998, council meeting. I have enclosed a draft conceptual plan for the site. If any further information would be helpful, please let me know. Sinc , agee Bob Ostlund Superintendent of Schools RJO/ph c c: School Board Members 505 South Holmes • Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (612)496-5000 • fax: (612)445-8446 AN EQUAL OPPORTUNITY EMPLOYER JAN 28 '98 09:58RM WOLD ARCHITE T P.2/2 INDEPENDENT SCHOOL DISTRICT #720 - SHAKOPEE .11•• •••••••••••••.... ...1.1r.r. ••■••••■IP.M.111.........•...07........ 1 li, 1 I i 1 if 1 ii 1 ii, 1 i WINTER i 11111 WINDS I 1, I KERKOW PROPERTYIV [ • 11111 I • ... I ... ....• -... I I1i11 I ••.„... .„ . --.. ...„. ........ . .... .s, , ..---------- '••• --.‘t • . il m woo ,,, 7- • ,.. P•TENTIAL ; ‘‘,.. ., / ill I 'EXISTING SANITARY SITELOW •- -' .,.; ,` •-• i i / 1 i 'EASEMENT VIEW - --- --- ... 1 '''', SITE,AODE,SS\ s,, ''--•, ....... . .. . .._ . - - " .• - ,.-1.0, -' :,:•;;;;:i$::'-i:::::Ii :: . ..' .. . . 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III 111 -- ,Y HIGH -**----- .1.:: DTENTiAL CITY -.'• - PARK DEVELOPMENT "'• ----- 1 •„ ,.., ........... lid i ' - ' POTENTIAL CITY I I i PARK DEVELOPMENT i I K;----r-14-0----1 I 1 i 1 ! 0 0 i I D i AMES PROPERTY I i /(/ i V \> i I ,,V 0 1 SCHMITZ PROPERTY SUN PATH iill - IIs : II * I s E PROPOSED NEW 5/6 11 INTERMEDIATE SCHOOL SITE * 111660. 0'2, KY Ker 1113 LOCATION MAP 1-26-98