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HomeMy WebLinkAbout04/07/1998 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 7, 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 A] Shirley Olson Resolution of Appreciation-Res.No. 4885 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes: March 17, 1998, Special Session,March 24, 1998,Adjourned Special Session, and March 24, 1998, Workshop Session *11] Approve Bills in the Amount of$693,973.82 12] Communications A] Presentation by Community Education regarding"Asset Building"survey B] Presentation regarding affordable housing 13] 7:00 P.M. Public Hearing on the Proposed Assessments for the Maras Street Improvements, Project No. 1996-4, Resolution No. 4879 TENTATIVE AGENDA April 7, 1998 Page -2- 141 Recommendations from Boards and Commissions A] Preliminary and Final Plat of Tenth Avenue Addition,located east of Naumkeag Street between Shakopee Avenue and Tenth Avenue-Resolution No. 4884 B] Preliminary Plat of Southbridge First Addition, located east of Dean Lake,west of CR 18, south of Hwy 169, and north of CR 16-Resolution No.4873 15] General Business A] Police and Fire *1. Fire Fighter Termination s *2. Acceptance of Resignation-Teherence Doyle B] Park and Recreation *1. Award Muenchow Fields Fencing Project-Resolution No. 4878 2. Discussion of City Participation in Ballfield Construction C].Community Development *1. GIS (Geographic Information System) *2. Hiring Planning Technician 3. Southwest Metro Transit Commission(SMTC) -Youth Route to Valleyfair 4. Transit Commission Appointments 5. Developer's Agreement for Canterbury Park 5th Addition D] Public Works and Engineering *1. Ordering Feasibility Report on 17th Avenue,from 1/4 Mile West of CSAH 17 to CSAH 17,Resolution No. 4880 2. Wetland Replacement Plan for Southbridge 1st Addition Resolution No. 4881 3. Award Contract for Southbridge Parkway,Project No. 1997-4,Resolution No. 4883 E] General Administration *1. Criminal History Background Check Authorization- Ordinance No. 512 2. Contract for Private Development with Seagate Industries-Resolution No. 4882 16] Other Business 17] Adjourn to Tuesday,April 21, 1998,at 7:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting April 7, 1998 Location: City Hall, 129 Holmes Street South President Clete Link presiding 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes-March 17, 1998 4. Financial A.)Approval of Bills 5. Seagate Technology Project A.) Resolution No.98-2,Approving a Contract for Private Development Economic Development Authority for the Cityof Shakopee, o fy and Among the Seagate Technology,Inc. the Cityty of Shakopee,and 6. Other Business: A.) B.) 7. Adjourn to Tuesday,April 21, 1998,at 7:00 PM edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA SPECIAL MEETING MARCH 17, 1998 Members Present: Amundson, Brekke, Sweeney, and President Link Members Absent: Jane DuBois Staff Present: Mark McNeill, City Administrator; and R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Link called the meeting to order at 7:22 p.m. Roll was taken as noted above. 2. Approval of Agenda Amundson/Brekke moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Sweeney/Amundson moved to approve the March 2, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Brekke/Amundson moved to approve bills in the amount of$538.79 for the EDA General Fund and $00 for the Blocks 3 &4 Funds. Motion carried unanimously. 5. Other Business None. 6. Adjournment Amundson/Sweeney moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:25 p.m. • . ) • dith S. Cox A Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE .Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 2, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 3/13/98 to 04/2/98 . Action Requested Move to approve bills in the amount of $324 . 15 for the EDA General Fund and $1, 419 .20 for the Blocks 3&4 Funds . 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(612)337.93011 telephone G raven (612)337-9310 Fax ►+ ARTEIRED e-mail:ear y @kenncdygraven•eom: • STEPHEN 3. BUBUL Attorney at Lr" Direct Dial(6121337-9228 e mail sbnbul@kennedy-greven.corn MEMORANDUM TO: City Council Members/EDA Comihissioners FROM: Stephen Bubul DATE: April 3. 1998 RE: Seagate Project Following is a summary of the general terms of the Contract for Private Development among the City,EDA and Seagate Technology,Inc. This memo describes the Second Draft of the Contract, Dated April 2, 1998. Article III contains the key tax increment financing provisions. There are two land transactions: Seagate will purchase the Development Property from Valley Green Business Park; the City will purchase the MNDOT parcel from the Departrk ent of Transportation, with acquisition costs advanced by Seagate. Due to Seagate's concerns about environmental conditions on the MNDOT Parcel. the City will continue to own that parcel as a municipal parking facility, subject to an easement agreement giving Seagate a non-exclusive right to use the parking lot. The EDA will reimburse Seagate's costs by issuing a series of Tax Increment Revenue Notes. These Notes are simply evidence of the tax increment pay-as-you-go obligation to Seagate. They are not general obligations of the City or EDA. !A form of the Note is included as Schedule D. At the time Seagate has incurred the appropriate}costs (described below), the EDA will approve resolutions authorizing Notes in the specified arhounts. The Notes will be issued for five types of costs'initially incurred by Seagate: (a) Costs to acquire the Development Property from Valley Green (which is the value of the land fully improved for de#velopment); SJ@140958 Su725.04 9ZE-d 60/ZO'd 806-1 01E6/EE+ N3AV69 7 403NN3)1-woii WdES:Zt 86-EO-Joy • (b) Costs to acquire the MNDOT Parce : (c) Costs to construct the Parking Im rovements on the MNDOT Parcel (which Seagate will undertake and dedicate;to the City); and (d) Costs of certain site improvements on the Seagate property; and (e) Administrative Costs (which are amounts the Developer pays for the City/EDA'S legal and financial advisor fees). The maximum principal amount of the Notes for these costs is $4,247,600 (the figure agreed upon in the December, 1997 Letter of Intent). In addition, due to unexpected electric utility cos that may be necessary to provide sufficient power for the Seagate facility, the EDA will issu a supplemental tax increment Note up to the amount of$200.000 if Seagate is required to pay uch added utility costs. If necessary, the City and EDA will modify the TIF Plan for the TIF Di, ict in order to authorize that additional Note. Finally. Seagate will be required to create 850 4ii-time equivalent jobs within one year after completion of Phase I: an additional 416 jobs ithin two years after the first tax increment payment and, within that same two-year period, chow that Seagate has created at least 40 net new jobs. over and above those transferred to thiis site from its Twin Cities Operation Division (High Performance Design Center). The net 40 tliew jobs must pay at least $12 per hour. Article IV sets out the requirements for construction of the facility. Phase I (at least 260,000 square feet) must be completed by December 31, 1999. and Phase l7 (an additional 80.000 square feet) must be completed by December 31. 2002 In addition, the Contract incorporates other agreements regarding the development process that were described in the prior Letter of Intent. some of which are also incorporated in the separate development agreement between the City and Valley Green. See Section 4.5 of the Contract f a list of these provisions. Articles V, VI and VII contain standard provisions regarding insurance, payment of property taxes, and a statement regarding Seagate's abilit to finance construction of the facility. Article VIII provides that Seagate may not transfer its rights under the Contract without the EDA's approval before the entire facility is complete, an describes various indemnification obligations. SJB:gak Enclosures � SJP113P5$ ,H?15-04 I 22E-4 EVEr d 806-1 01E61EE+ N3l00 7 A03NN3H-woJd wdE :Zl 06-E0-Jdtl SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 98_2 RESOLUTION APPROVING A CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE CITY, THE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY, AND SEAGATE TECHNOLOGY, INC. BE IT RESOLVED By the Board of Commissioners("Board")of the Shakopee Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. Among the activities to be assisted by the Authority in the Project is development of a manufacturing facility on certain property(the "Property") in the Project, commonly referred to as the "Seagate Project." 1.03. There has been presented before the Board a Contract for Private Development among the City of Shakopee (the "City"), the Authority, and Seagate Technology, Inc. (the "Contract"), setting forth the terms and conditions of development of the Seagate Project and the Authority's participation in that effort. 1.04. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authorit A roval• Further Proceedin s. 2.01. The Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director,provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Shakopee Economic Development Authority this day of , 1998. SJB139879 SH235-04 President ATTEST: Executive Director SJB139879 SH235-04 2 Kennedy & Graven, Chartered /grid Draft A = Deletion A 4/2/98 = Insertion CONTRACT FOR PRIVATE DEVELOPMENT By and Among ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE and CITY OF SHAKOPEE, MINNESOTA and SEAGATE TECHNOLOGY, INC. Dated as of: , 1998 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: 337-9300 SJB136734 SH235-04 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 3 ARTICLE II Representations and Warranties Section 2.1. Representations by the City Section 2.2. Representations by the Authority 6 Section 2.3. Representations and Warranties by the Developer 6 7 ARTICLE III Public Redevelopment Costs; Related Matters Section 3.1. Status of Development Property Section 3.2. Public Redevelopment Costs 9 Section 3.3. Financing of Public Redevelopment Costs 9 Section 3.4. Payment of Administrative Costs 11 Section 3.5. Records 13 Section 3.6. Job and Wage Covenants 13 13 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements Section 4.2. Construction Plans 15 Section 4.3. Commencement and Completion of Construction 15 Section 4.4. Certificate of Completion 16 Section 4.5. Other Development Covenants 16 17 ARTICLE V Insurance and Condemnation Section 5.1. Insurance Section 5.2. Subordination 189 19 SJB136734 SH235-04 ARTICLE VI Taxes Section 6.1. Right to Collect Delinquent Taxes Section 6.2. Reduction of Taxes 20 20 ARTICLE VII Financing Section 7.1. Financing A 21 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development Section 8.2. Prohibition Against Developer's p Transfer of Property and 22 Assignment of Agreement 22 Section 8.3. Release and Indemnification Covenants 23 ARTICLE IX Events of Default Section 9.1. Events of Default Defined Section 9.2. Remedies on Default 25 Section 9.3. No Remedy Exclusive 25 Section 9.4. No Additional Waiver Implied by One Waiver 26 26 Section 9.5. Attorney Fees Section 9.6. Default by Authority or City 26 26 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable 27 Section 10.2. Equal Employment Opportunity Section 10.3. Restrictions on Use 27 Section 10.4. Provisions Not Merged With Deed 27 Section 10.5. Titles of Articles and Sections 27 Section 10.6. Notices and Demands 27 Section 10.7. Counterparts 27 Section 10.8. Recording 28 28 SJB136734 SH235-04 11 TESTIMONIUM SIGNATURES 29 29 SCHEDULE A Development Property SCHEDULE B MNDOT Parcel SCHEDULE C Certificate of Completion SCHEDULE D Authorizing Resolution SCHEDULE E A ark `> ':D::..<>:;::::::::::>:„ :«;<>::: ::<;<>:.::>::: �l�u '�y ,int:Agreement SJB136734 SH235-04 111 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the day of , 1998,by and between the ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, a public body corporate and politic under the laws of Minnesota (the "Authority"), the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipal corporation (the "City"), and SEAGATE TECHNOLOGY, INC., a Delaware corporation (the "Developer"). WITNESSETH: WHEREAS, the City has undertaken a program to promote economic development and job opportunities and to promote the development and redevelopment of land which is underutilized within the City, and in this connection created the Minnesota River Valley Housing and Redevelopment Project No. 1 (hereinafter referred to as the "Project") in an area(hereinafter referred to as the "Project Area") located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, by resolution dated April 4, 1995 the City Council transferred control, authority and operation of the Project to the Authority, which currently administers the Project exercising the powers of a housing and redevelopment authority under the Act, in accordance with Minnesota Statutes, Sections 469.090 to 469.1051 (the "EDA Act"); and WHEREAS, pursuant to the EDA Act and the Act, the Authority is authorized to undertake certain activities to prepare such real property for development and redevelopment by private enterprise; and WHEREAS, in order to achieve the objectives of the Housing and Redevelopment Plan (the "Plan") for the Project the Authority is prepared to pay certain public redevelopment costs of the Project, in order to bring about development in accordance with the Plan and this Agreement; and WHEREAS, the City and the Developer have previously entered into that certain Letter of Intent dated as of December 16, 1997 ( the "Letter of Intent") describing certain assistance to be provided by the City and the Authority to enable development of certain property in the Project Area by the Developer; and WHEREAS, this Agreement is intended to and does supersede the Letter of Intent in all respects; and WHEREAS, the Authority and City believe that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. SJB136734 SH235-04 1 NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SJB136734 SH235-04 2 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Shakopee Economic Development Authority. "Authority Representative" means the Executive Director of the Authority. "Authorizing Resolution" means the resolution or resolutions of the Authority, substantially in the form of the attached Schedule D, to be adopted by the Authority's board of commissioners to authorize the issuance of each Note. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City or Authority is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "City" means the City of Shakopee, Minnesota. "Certificate of Completion" means the certification provided to the Developer, or the purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Development Property, including the Minimum Improvements and the related site improvements, which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Scott, Minnesota. "Developer" means Seagate Technology, Inc., or its permitted successors and assigns. "Development Agreement" means the Agreement to be entered into between the City and Valley Green in connection with replatting of the Development Property. SJB136734 SH235-04 3 "Development Property" means the real property described in Schedule A of this Agreement. "EDA Act" means Minnesota Statutes, Sections 469.090 to 469.1051, as amended. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Letter of Intent" means the Letter of Intent between the City and the Developer dated as of December 16, 1997. "Maturity Date" means the date that the Note has been paid in full or terminated, whichever is earlier. "Minimum Improvements" means the construction on the Development Property of an approximately 340,000 square foot research and production facility, consisting of 260,000 square feet constructed as Phase I and 80,000 square feet constructed as Phase II. A The term Minimum Improvements includes Site Improvements as defined in Section 3.2(d). "MNDOT Parcel" means the property described on Schedule B hereof. "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" or "Notes"means one or more Taxable Tax Increment Revenue Note, substantially in the form set forth in the Authorizing Resolution attached as Schedule D to this Agreement, to be issued by the Authority to the Developer. "Phase" means a portion of the Minimum Improvements. "Project" means the Authority's Minnesota River Valley Housing and Redevelopment Project No. 1. "Project Area" means the real property located within the boundaries of the Project. "Project Plan" means the redevelopment plan for the Project, as amended from time to time. "Public Redevelopment Costs" has the meaning provided in Section 3.2 hereof. "State" means the State of Minnesota. SJB136734 SH235-04 4 "Tax Increment" means that portion of the real property taxes which is paid with respect to the Development Property and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District"or "TIF District"means the Authority's Tax Increment Financing District No. 11, an economic development tax increment financing district created by the City and the Authority. "Tax Increment Plan" or "TIF Plan" means the Tax Increment Financing Plan for District No. 11, approved February 3, 1998, and as it may be amended. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority or City in exercising their rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, so long as the Construction Plans have been approved in accordance with Section 4.2 hereof "Valley Green" means Valley Green Business Park Limited Partnership, a Minnesota limited partnership. SJB136734 SH235-04 5 ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on their part herein contained: (a) The City is a statutory city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City is a "state public body" as defined in the Act, and proposes to make certain contributions to the Project in order to facilitate development of the Development Property and the Minimum Improvements thereon, all in accordance with Section 469.041(1) and (8) of the Act. (c) The City has duly established the TIF District in accordance with the TIF Act. (d) The development contemplated under this Agreement conforms to the objectives set forth in the Project Plan and the TIF Plan. (e) The City has received no notice or communication from any local, state or federal official that the activities of the Developer or the City with respect to the Development Property may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority or City is aware). The City is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (f) The City has no knowledge of any facts or circumstances (without independent investigation) that would prevent review by the City and its staff and commissions of the Minimum Improvements in a timely fashion to permit construction of Phase I in accordance with the schedule set forth in Section 4.3 hereof .':.?::::::i:::::::i::.:.:''�''.: ': :�::4::i:�::::::::::::::::'::::::::::�::i::i::i::;:i^iii:.ii:.ii:: ::::::::::.:::................... i::::>:::::<T' :::i:> . >:... . ,..,.;;::;::.;'.:;.::...:ii':.:;:::;.:;::.;:.i:.>::i::>::>:«>::.i;: .ii;:.;;'::::: :::::. ................... iiI:.i:.P+;*f* .; *.ti* .. .'.i:.::.: :...:. :.:.;.:..: .::.i:.. ,.i:......... ..::::..:.::::. Section 2.2 Representations by the Authority. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the EDA Act and the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority proposes to help finance the Public Redevelopment Costs in accordance with the terms of this Agreement. SJB136734 SH235-04 6 (c) The activities of the Authority are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized and for the purpose of preventing the emergence of blight and blighting conditions in the Project Area, and increasing the commercial tax base and job opportunities in the City. Section 2.3. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a corporation, duly organized and in good standing under the laws of A Delawares , is not in violation of any provisions of its articles of incorporation and bylaws, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer in the Project Area may be or will be in violation of any environmental law or regulations . The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Developer will construct the Minimum Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (e) The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (fl Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing, which default or breach might prevent the Developer from performing its obligations under this Agreement. (A g) The Developer shall promptly advise Authority in writing of all litigation or claims affecting t . sf: an uoipart of the Minimum y iImprovements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. SJB136734 SH235-04 7 ( )` ' T' propos dtoprt t ueapr d +cr ti , pt w, I3 Oreci::0r SJB136734 SH235-04 8 ARTICLE III Public Redevelopment Costs; Related Matters Section 3.1. Acquisition of Property. (a) In order to secure access to the Development Property, the Developer has entered into a purchase agreement (the P <`:V"'m:°:� :.:.;: : to acquire the Development Property from Valley Green for a purchase price of The parties agree and understand that such purchase price represents the cost of land fully prepared for construction of the Minimum Improvements,and includes certain amounts for filling, soil correction, roadway construction and environmental insurance. The Developer will acquire the Development Property in accordance with the terms of the A Purchase A Agreement. (b) The City will acquire the MNDOT Parcel from the Minnesota Department of Transportation for a price to be negotiated by those parties. At closing on such acquisition, the Developer shall A 44V4#0011the Authority the total cost of acquisition of the MNDOT Parcel, including without limitation all closing costs and fees payable by the City in connection with such acquisition. Section 3.2. Public Redevelopment Costs. The term "Public Redevelopment Costs" means the aggregate of Development Property Acquisition Costs, the MNDOT Parcel Acquisition Costs, the Parking Improvement Costs, Site Improvement Costs, A the Administrative Costs Uttsts, all as such terms are further defined herein. (a) Development Property Acquisition Costs. The Authority is authorized to acquire real property and convey or lease such property to private entities at a price determined by the Authority in order to facilitate development or redevelopment of the property. The Authority has determined that, in order to make development of the Minimum Improvements financially feasible, it is necessary to reduce the cost of acquisition of the Development Property. The Authority has also determined that, in light of potential liability that could be incurred by the Authority if the Authority takes title to the Development Property, it is in the best interest of the Authority to reimburse the Developer for the cost of acquisition incurred by the Developer as described in Section 3.1(a) hereof. The purchase price for the Development Property together with ancillary closing costs paid by the Developer are referred to as the "Development Property Acquisition Costs". Upon closing on the Developer's acquisition of the Development Property, the Developer shall submit to the Authority written evidence in a form satisfactory to the Authority Representative evidence of the Development Property Acquisition Costs. Such evidence shall include the executed A Purchase A Agreement, certificate of real estate value, and closing statement/ In drntni . .:... ... ....:...:.:.:..:.:.:._.:.:::..::.::.:..:.....,.::.:....::::. :::. ::;::: D elo:.mors€::Pro:e ;:. ... ..: . ..:.:::.; : ,...;..:::........,.;..;;. .;;, t : .;: e P:.:.::.::. .:::>::;;:.;I.;; '. 0.. t ► :;. oto:::;tht.;A :. .:.:. ..:::. .:;; .; ..;....:6 Fur ha a price under< e:.::Purc . .l .<.:r ason....;:::.;:.;,:..;:.:...g. :o:.:.;:.>:.;:.;>:.; :<:et. gogggogoNo* .....................:::: :::: :;:. :.;:.;:.;: '::>: :;:;.;:.; :: gJ.go :;; g*:*ck:> ;aha ::::. :.. ..: The Developer acknowledges that the Authority makes no representations or warranties as to the condition of the soils on the Development Property or its fitness for construction of the SJB136734 SH235-04 9 Minimum Improvements or any other purpose for which the Developer may make use of such property. Without limiting its obligation under Section 8.3 hereof, the A Developer further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Development Property. (b) MNDOT Parcel Acquisition Costs. All costs incurred by the City, and A 0.4).4404. by the Developer t tb Cit , under Section 3.1(b) hereof are referred to as the "MNDOT Parcel Acquisition Costs." (c) Parking Improvement Costs. Upon acquisition of the MNDOT Parcel by the City, the Developer will construct or cause to be constructed surface parking for vehicles on the MNDOT Parcel (the "Parking Improvements") according to specifications approved by the City. The City grants the Developer a right of access to the MNDOT Parcel for the purpose of carrying out its obligations hereunder. The Developer agrees and understands that upon completion and acceptance thereof by the City Engineer, such facilities are deemed dedicated to the City. The Developer shall pay all costs of design and construction of the Parking Improvements, and shall reimburse upon demand any costs incurred by the City in connection with inspection and acceptance thereof. All costs paid by the Developer under this Section 3.2(c) are referred to as "Parking Improvement Costs." The parties also agree and understand that, as part of the Parking Improvements, Valley Green will undertake certain filling and grading on the MNDOT Parcel in accordance with A OA agreementbetweehe t > oV oy too :The Developer shall promptly pay to the City upon written demand any costs payable by the City for such filling or grading, which amounts shall be included within the term Parking Improvement Costs. Without limiting the Developer's obligations under Section 8.3 hereof, the Developer will indemnify, defend and hold harmless the Authority, the City, and their governing body members, employees, agents and contractors from any and all claims for benefits or payments arising out of the construction of the Parking Improvements, excluding (i) any claims arising from actions of Valley Green in connection with filling and grading activities on the MNDOT Parcel, and (ii) any claims arising out of the presence on the MNDOT Parcel of any hazardous waste, pollution, or contaminants as defined under any federal or state law unless the presence of such hazardous waste, pollution or contaminants is attributable l <>to actions of the Developer or its employees, agents and contractors in the course of construction of the Parking Improvements. Upon or before completion, and as a condition for City acceptance, of the Parking Improvements, the Developer shall submit to the City written evidence of the Parking Improvement Costs in a form satisfactory to the City engineer. Such evidence shall include paid invoices or other comparable evidence that such costs were incurred and paid by the Develo peii ; t'" :>:>:: .;:.:;ta0b;00040..;:. a€x*aaN The parties further agree and understand that, on or before acceptance of the Parking Improvements by the City, the City and Developer will enter into a A Pr ' �< ivaatt;A reement in substantially the form attached hereto as Schedule E. SJB136734 SH235-04 10 (d) Site Improvement Costs. In addition to any site preparations undertaken on the Development Property by Valley Green and included within the Development Property Acquisition Costs, the Developer will undertake the following improvements on Development Property: (the "Site Improvements"). The Site Improvements shall be constructed in accordance with the Construction Plans. All costs paid by the Developer under this paragraph are referred to as the "Site Improvement Costs." Upon or before issuance of the Certificate of Completion for Phase I of the Minimum Improvements, the Developer shall submit to the City written evidence in a form satisfactory to the City engineer of the Site Improvement Costs. Such evidence shall include paid invoices or other comparable evidence that such costs were incurred and paid by the Developer. (e) Administrative Costs. At the Developer's option, any amounts paid by the Developer under Section 3.4 hereof may be included in Public Redevelopment Costs. (.:::. �::�::'�:''�L: :::ii.':': ': :::i::: '::.�.:ii.. .. :ii .:_: '::Yi:':.:..::.::::::..::.::..::..j:i'•.i:::::i'.i:.ii:4::.:�i:i:v:�:.::::: :..::................. .1 .::,; :. : : :.:: !.:tart .. . '. 1 ..::;;:...::. .... . :::: .i:i.i. ... '... 1.1 ':.:ki§ :.>:> :::.:.>. :: : ::: `.:. .. :::.::::::: ..�r�cl::tea..::r .... giver::::. ...... .... . .::.;:.:..:::: .. '.' :: .:.::;:.;::�': :::::.;:.;:;::.;:<:::::::::.;:< ;:;:;.; .. ;:. ::.:...:.. :::.;.:.:. :.::.;<.;:::::::::.;;:.;.;:.;::::::::.; ;;:.:::::.;:.;::.ssi;:;:::::; :.;;SSPUC.;: :may; e.:I r. .::. :.:.;i '. : :k4 ...,:ptyab e b.:::M;i ;:.ipe;:.o$ •••• • ably.. ,::.;:.;;:.;:.;;:.>iti nal.;;fee::abo e:.;:an...>::> .; :.;. :::.;. .;;'::: ;:.;:.;:.;:::: ails:.;:.;'. 1 ; €t 1x: 4*0..i:.;::ear''::. .: ....;:.:the;:..: ..::.. .;:.:. . ....' '.. ..�.... .;: .:..::.:.. ... i::.i:'i:k :: iii'.i '::::iii:.i:<.: R04 hal. P ;; ;.;r.:C ;;r�e�mtu:v:r;osaob.,.:e... 'n.::::: rroe:v idded g;t.0.h..01!*Alt:.: :<:::.............,.....:..'.:.;:.;..:.e..:::,.,:. , ....,::;: :eD;::.::::>: : ' : ;>n ttthe Au . o;:vrite :. v. . . ;: .:: . j; : ; > . ' >:» < :: : : »: :. ::::: substitute:::evidenee:: r..:...::. .:.:.:<.::.:::<:::.;;: . >:: .::::.:;::.:.::.>:<.::'<.,::«...:.:::,.;:< .;;1l : : <.;;;:.:;;:<:.:�f` t.:.;,��th�r::�tjE�::�m reg::.. :' ;.: .:.. . ..;.:........:::....;.:::.;;:.::.,:.::.,:::;.;::. ;:.:.:. ....... anan. . : :.;.::ite I;; < ;>::>::>:>::>:;:.>::>::>::>:>:>::>::;::;;>:.;:.::.;:.::.;:.;:.;::;::>:..;........:::::..................... .... gists..:��.�:. .::.: :::;: .: .>::>'. :. � ;:: '.. .. . . . m, rovement:>:Cns t ::>' : .: . :;.. : n: 3:>:;:> ;::>::> x Section 3.3. Financing of Public Redevelopment Costs. (a) Generally. In order to make development of the Minimum Improvements economically feasible, the Authority will reimburse the Developer for the Public Redevelopment Costs through issuance of one or more Notes in the maximum aggregate principal amount of 4 P $ 247 6 >::>:::> ,:;,;,,,,;::> :: :>::;:>:>:::;; : :>::>::>::;:>::::; ::::;;#:.i: :::<:::>:::'::>';::» 00 ���p�pt �:>ctfi� s�:::>pxQ�xd��::�m:::: �ct A.;1(� substantiallythe form set forthAuthorizing ;:.;;:. . :>::>::;::><::>>::<�Qp ':. in the Authorizing Resolution attached hereto as Schedule D. The Notes shall be secured solely by Available Tax Increment as defined therein. Each Note shall bear interest at a rate of 7.5% per annum from the date of delivery thereof and shall mature no later than February 1, 2009. In the event of any inconsistency between the terms of this Agreement and the terms of any Note, the terms of the Note shall control. If aggregate Public Redevelopment Costs (other` tilt C st`` :<.; ;:.; > ; : >::<� ::4�ts incurred by the Developer exceed $4,247,600, the aggregate principal amount of all Notes shall not exceed $4,247,600 and such excess shall be the sole responsibility of the Developer. Each Note shall be issued pursuant to an Authorizing Resolution approving issuance of a Note in the specified principal amount in accordance with Section 3.3(b) hereof. Each Note shall be dated as of the date of delivery, and shall be delivered in accordance with the terms of Section 3.3(b). SJB136734 SH235-04 11 (b) Issuance; Delivery. The Notes shall be issued in accordance with the following terms and conditions: (i) The Authority shall issue a Note in the principal amount of the Development Property Acquisition Costs, and shall deliver such Note to the Developer upon closing on the Developer's acquisition of fee title to the Development Property and compliance by the Developer with the terms of Section 3.2(a) hereof. (ii) The Authority shall issue a subsequent Note or Notes in the principal amount of the MNDOT Parcel Acquisition Costs, the Parking Improvement Costs, and the Site Improvement Costs, or any portion or combination of such costs, at the direction of the Developer. Delivery of any Note shall be conditioned on delivery of evidence of payment of the relevant costs by the Developer in accordance with Section 3.2(b),(c), or(d) hereof (as the case may be). Further, delivery of any Note issued as reimbursement for any portion of the Parking Improvement Costs shall be conditioned upon acceptance of the Parking Improvements by the City in accordance with Section 3.2(c). (iii) The amount of any Administrative Costs incurred and paid by the Developer as of the date of delivery of any Note may be included in the principal amount of that Note at the Developer's request. (iv) No Public Redevelopment Costs incurred by the Developer after five years from the date of certification of the TIF District may be included in the principal amount of any Note, and no Note shall be issued after expiration of such five-year period. (v) At the Developer's direction, the Authority will issue a single Note in the principal amount of all Public Redevelopment Costs, provided that delivery of such Note is conditioned upon payment of all Public Redevelopment Costs and compliance with all the terms of Section 3.2(a) through (e). (c) No warranties. Neither the Authority nor the City make any warranties or representations as to the amount of Available Tax Increment (as defined in the Note). 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::::<. :.::::.:.P.;.;:.:.::::::::<.;;:..;:::.:::::� : ��ts:.:: atl:.;:be :.:::::::::::u.:on.:.. delay 1111 :.:. .. ....:,.,..:..,,..,,,.,:,,::::.;:.;r ,,.,,,::.;:.;:.::::::.::.::: ::. :::.:.; 111.1; 0.1:.; :ii., ; ::. :i4000e.:sf.;. .. .. <.:.:.*.. 1111. .4 ::::.:� :::: .1.1..11 <.;:::....::::: .:.:.:: :;.....::.::: .:::::::::.::.::.;;:.;. . .. �` :.;::::::: : :.;:.:y.:::��:zn���o�dane 11.. ...1.1.. :.. . : . �_�: ..:.;:4 ;:.:.:1#; ;».: .: ::. . ..:::::.;;;:... ::.;. ...... .... ..:. .11.11: ::: .11.11.;:.. 11.11:.:: :.:;;:.;:.; : :.::.;: :.;:;:::::: . . .<�_;;:;<;:: _<:;�:;>�+�::>::>::;�p� ��l:::<��<::fin.::::::::tai.'' �� ;:... ..:::.:.: .... :... ... .:. .:.......:::::::. ..... 1 :.> ,ipn �f the PIa for e plo* d SJB136734 SH235-04 12 neceg bf e fith004 in ordfr ti **.ieh Dote 'he tithorit and it 4de € iaat :::::::.; ::. .::::n:>:.:any 'IP.;: :la ;; €difc . .;:.; :<: ;.:. : .;: ::.;:a.. .>.;.n;.:.;:.;.: ;:.;:.:.;:.;:.::::;:.;::.::; a.: .rove:.; ueh:;.:.: :. .:.: ....t .. :::; : . ......:..: .,.:, ,}'. ,: � Section 3.4. Payment of Administrative Costs. The Developer agrees that it will pay to the Authority all out of pocket costs incurred by the Authority and the City (including without limitation attorney and fiscal consultant fees) in connection 'establishing the TIF District and in the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder, up to a maximum amount of$20x0® (collectively, the "Administrative �� �>:>.:>:>:<;:.::: .:::;;:;: ::::;;:; �;.; ;:.:;.<.;:.:::><::> >:;:.:;.:.;:�:.;.;:.;.;:..;:..;:.;::..:.:.: . .: ::... .: ..: :::th....... ... Costs ):,:;provided::th .:>i f to l i .,,.:;;::.;:t:.„,....,.;.,.:.:;:.,:..;.;.:t amount. calx se::of.:c sts::.. .:. ...:..;::.:.;...; . . . ......:..;:. ....,:. ..:;.::.::.;.:::;;..::.;:.:;..;:.,:.;;.;::.. c;:.: :.;;:.;::;::.;:. ::;:.:.: e de�r�. .. ... .. ;.;;.;. ;.;:.:.;;:>:>:::>;:>:;.;::..:<.; ::>::;::>; :; ; : :.: ; >::»>:::».::::.;:....:.:.:::: ................. bed e o r ;stall ,a...::>:; .::ooti: xc e s ::>:::. ; ;::::;os .......shall be � .:. � � ” ��rn�mat��+�e �o�t�. Administrative Costs be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the Authority or City. The Developer shall pay Administrative Costs from time to time within 30 days after receipt of written notice thereof from the Authority. The Authority acknowledges that the Developer deposited the amount of$5,200 upon execution of the Letter of Intent, which deposit shall be applied toward the Developer's obligation under this Section. Section 3.5. Records. The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Public Redevelopment Costs and the Minimum Improvements. Developer shall also use best efforts to cause the contractor or contractors, all sub-contractors and their agents and lenders to make their books and records relating to the Public Redevelopment Costs available to City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by Developer until the Maturity Date. Section 3.6. Job and Wage Covenants. (a) Within A one:: ;;;after issuance of the Certificate of Completion for Phase I of the Minimum Improvements, the Developer shall cause to be created at least 850 full-time equivalent jobs on the Development Property. (b) Within two years after A ; ;cPt Yt>he<:D >oper:; ;te f"**ymntu_ _.. :: « o rthe Developer shall: (i) cause to be created at least 416 additional full-time equivalent jobs on the Development Property (over and above the 850 jobs created in compliance with Section 3.6(a)hereof); (ii) demonstrate that the total full-time equivalent jobs located on the Development Property represent a net increase of at least 49 full-time equivalent jobs over the number A ::>::>::;::::::; : :: :>::::>:;.:; :»;:::<;:::;>>:<:;<:>.:::><::>::::;:> .:>::;::;.:<.;:<.;:.;:.;.;:.;:.;:.;::::.;::::...:::: .................. of �r�fed<: ;;::.:.:: ,:: : :::::... .:::... .:>::::...,......:. :.::: :::;;:;;:.,.:.:; ::,:,:.;:;::>: :.>:::: :>::>:::;;;;:;....::.:::.:::..:: .::.................... jobs :.;,,.;::::.:.::tp:mss:site: 'rom the ;:. .;::.;. in .::;.::::::;::.:...;:.::.;:.. ..,..;::...;:.;:.;:.>::::::: ., Dei'`ti>C°'rit�r:. :.::I >::»<.;;:;:.:;:.:+�ffiz�s;::.::>.:cx;att�x�; ivxs�.ca .::.:..:.. :.:: .:: ...::.. >: ax Des; : ,e :; and (iii) demonstrate that the wages for the 40 net new jobs as described in clause (ii) are at least $12.0)9 per hour. (c) The Developer shall satisfy the requirements under this Section by submitting to the Authority on or before the dates specified in paragraphs (a) and (b) of this Section, employment reports in a form reasonably acceptable to the Authority showing that, at any time before the respective compliance dates, the Developer has caused creation of the jobs and attainment of the wage levels specified in this Section, and that such jobs and wage levels have been maintained for at least 30 days. SJB136734 SH235-04 13 (d) Failure by the Developer to comply with the terms of Sections 3.6(a) and 3.6(b)(i) hereof shall be an Event of Default, subject to the remedies under Article IX hereof. (e) If the Developer fails to comply with any of the terms of Section 3.6(b)(ii) or (iii) hereof(after due notice of default under Article IX hereof), the Note and this Agreement shall be deemed terminated, and the Developer shall repay to the Authority the amount of any payments r:>ece�i�v...e:d by the Devel.::o.;:.: er under the Note, pge thO>>:;; : ;t:li>d>: ::;ggio: : .:: :els €.:<x ss . :r,l ;: ;stot : .:.; :. :; .: .. . : :.: : ; ooiiiiRgooto tiotionypataivimatworoti SJB136734 SH235-04 14 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a)Before commencement of construction of each Phase of the Minimum Improvements, the Developer shall submit to the Authority the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement and the Development Agreement; (ii) the Construction Plans conform to the goals and objectives of the Project Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within A 10 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within A 10 days after its receipt of written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. For the purposes of this Section, the term "material" means any SJB136734 SH235-04 15 change that A decreases the total cost of the Minimum Improvements by $'1,000,000 or more. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of Phase I of the Minimum Improvements by August 1, 1998 and shall substantially complete construction by A POOOMOtiiifli1999. Subject to Unavoidable Delays, the Developer shall complete the construction of Phase II of the Minimum Improvements by December 31, 2002. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. Notwithstanding the above completion dates, the Developer understands and acknowledges that failure to complete the Minimum Improvements in whole or in part by January 2, 1999 may result in a reduction in Tax Increment attributable to the Development Property collected in 2000, and consequently reduce the amount payable under any Note. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of each Phase of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the relevant Phase (including the dates for beginning and completion thereof), the Authority Representative will furnish the Developer with a Certificate shown as Schedule C. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the Authority Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the SJB136734 SH235-04 16 opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of each Phase of the Minimum Improvements shall be deemed to be substantially complete upon issuance of a certificate of occupancy by the City. Section 4.5 Other Development Covenants. (a) The City waives the following fees and assessments that would or may otherwise apply to the Developer or the Development Property: (i) any fees or assessments against the Development Property relating to street lighting, semaphores, or intersection improvements until February 3, 2009 (the maximum duration of the TIF District), whether or not the TIF District has been decertified before that date. (ii) the 7.5.% development fee in connection with the Minimum Improvements. (iii) all plan check and building permit fees in connection with the Minimum Improvements. (b) On or before the date of this Agreement, City and Valley Green have entered into a Development Agreement describing those parties' respective responsibilities in connection with the plat of the Development Property and related infrastructure improvements. A The City expressly agrees that the Developer will not be charged or assessed for any amount to be paid or waived by the City, or paid by Valley Green, under the Development Agreement. Fees> r ssments;t a ; ill be::paid:<.un.»be' l f;.::<:. .::::: . :' : ::::: . .. ;:::.....:>::.......;:vi. .:;;::.r.;.'.:::. ey: :.:::::.:::::..:::<. :::.::Pa.:;;.;;:;:::.:::::hal ;,pt":t �.:��� Iu. . r.::andl .::: . ......'..::.... ::: . ..:<.;:... .::. ..:.:.:. reer erthe : ele:: e. t::;: �. e .nt::: n."u: 1� � � dude (in)' '<><``::" <s>:>:<::::<:i ::;::>:wer t<>:::«k .;:<es_ .. :.:.'.:.: ::...::..:...:?......nii.....;':..:::.;'q..::.;':.;:::...:;'::.:.::.:::.:.i:.i:.ii:.i:.iii::::i::i::y," ii:.i:.i:.i::...i:ii�iiii; :::: 9 <::: 0 a txe0„ ; zerltn > r€ve>:::1n :.: ::.: .: :::::: . ;.: . ..:.. ... .. . ;. .... ;:: ::::�.;:.>:.;:.;:.;:.;:.::.;�.: <:::::I �x� ;alb: �e�s.. .:::. xl�:.. :;. .. from :pty oad >1 t 12: A >o :: l bigld nth ootid o.fi ; z ty ;ea : :'vitaiwI a e SJB136734 SH235-04 17 ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements and the Parking Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance(including operations,contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the Authority as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure;provided SJB136734 SH235-04 to O that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $500,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (e) The Developer and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. SJB136734 SH235-04 19 ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment through issuance of the Notes. The Developer understands that the Tax Increment pledged to the Notes is derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. The provisions of this section terminate on the Maturity Date. Section 6.2. Reduction of Taxes. The Developer agrees that prior to the Maturity Date it will not (a) cause a reduction in the real property taxes paid in respect of the Development Property through willful destruction of the Minimum Improvements or any part thereof; (b) fail to reconstruct the Minimum Improvements if damaged or destroyed, as required under Section 5.1(d) hereof; (c) apply for a deferral or abatement of property tax on the Development Property pursuant to law, ordinance or regulation; or (d) convey or transfer or allow conveyance or transfer of the Development Property to any entity that is exempt from payment of real property taxes under State law. SJB136734 SH235-04 20 ARTICLE VII Financing Section 7.1. Financing. The parties agree and understand that the Developer will finance construction of the Minimum Improvements with funds of the Developer, and that no debt financing is anticipated. The Developer warrants and represents to the Authority and the City that it has or will have available funds sufficient to construct the Minimum Improvements in accordance with the Construction Plans. SJB136734 SH235-04 21 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development. The Developer represents and agrees that its purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to the issuance of a Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Developer (collectively, a "Transfer"), without the prior written approval of the Authority unless the Developer remains liable and bound by this Development Agreement in which event the Authority's approval is not required. Any such Transfer shall be subject to the provisions of this Agreement. Notwithstanding anything to the contrary in this Section, the Developer may assign its rights under this Agreement or the Note to the Holder of a Mortgage, provided the Mortgage is approved by the Authority in accordance with Article VII hereof. (b) In the event the Developer, upon Transfer of the Development Property or any portion thereof, seeks to be released from its obligations under this Development Agreement as to the portions of the Development Property that is transferred or assigned, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable in the public land records of Scott County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to SJB136734 S14235-04 22 such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. The restrictions under this Section terminate upon issuance of the Certificate of Completion. Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the Authority and the City and the governing body members, officers, agents, servants and employees thereof(the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Development Property or the Minimum Improvements. (b) Except,r(i for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Partiesn toy for any breach by any of the Indemnified Parties of their obligations under g this ::.;: .:;.: >;:.;:.;;:.;:.;:.;; .;:.;:.;:.;;:.;: .;:.;;:.;:.;>:.r ;: :.;:;:.;:.;:...;;: . :::::::.............. Agreements y' . ; jja— > . . ,... ,.....; >::..vi.F g.ti::.;.i .:.:;. :;; . ltt ���'the Developer re ;:.::..: ...:........................,.............;:::::::;:::.:::.::::.;:::: ::»: » .< ;, h :.::.:.;Y p agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership,maintenance and operation of the Development Property or the Minimum Improvements. SJB136734 SH235-04 23 (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property or Minimum Improvements. (d) All covenants, stipulations, promises, agreements and obligations of the Authority or City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of such entities and not of any governing body member, officer, agent, servant or employee of such entities in the individual capacity thereof. (0) citroNINgotior!oft kf.0:*jii.igg ,41.00*totylpookookifkOtopvgvOrfk.om gti*.y00.*!".14.0100:cpt*opi•liiiyoo.K!•000gOgoo!ft*:,1#0.A000gOigOtil.#41!iiol!gittitoilia00 #0•0"0!110:iiit!•!!!Ihtibotv!!-#.0.0,01001:4•60..i,Alltigo.404401144041:401•444jiidit*Oikitaiiiiiik itliggPV.,i,i,iO4.044.41146614:.iP00*****1or00100***VOZO*01100o1:*11".0.1EWP14001'6.1. action arising in connection with or as the result of any past, present or future existene*,. use, ho#4.100,1!$0.0tAiii#40§pproopki0444,40totkii0.40§1.00.10gt,pgRdOtos*Ofigm6flOggt400 $04steifi*,#.10004tV#010414ktOtflibCtii#46f4h0 .'1011)97Ei!iif6falil**Othdii,I.'irdit§d4abte.'.'.tif unforeseeable, regardless of the source, the time of occurrence or the time of discovery, 6xditidinviie*eveiv:OnWOOlt 16.4sp001*.iiii*Ww:Ooniageiiiildoitot ipoorbilittiovettlidt kjgrr.yti,tooONI,,otobgtkif*lp*ptotg$o.*.oillio4.1.!oxooti§oiioojol#vlgotisti:'.i.tot'oohtot*W.og. ootdstoiompgpgogio..i..000gotidIto.i.ipOygj:009tightfjtjtMiio0*gpOogoxgaojitOk**Nt*jt or use of the rovements The foregoing mdemnifkation ineluds,without Innitation, • • 440.10ficOmilgg4411"411tigoOt#,ijomiiiiimkgoilyipfkmployAkliirvologiAgygmggggigt torg000*pc.03q1ok.,A011!ii,44.00.k.,ofogot mgologog$00A004"41,.$§ott ogggtotoomg 4•000!!?•millmigotopli.iio.i!pti,000:0•00!:040;104110 causing the MNDQT Parcel to be in 0000.4040F0t.N.,Ski:**4001- 000010**148m0140#0.4111***100#04,1$4.0mook.pm.m gpmf.!ImEnNiimploviEwirAiic.w&i,ivvilotliotk,coot federal,state, 100011.0.04.p104.w0i#0!!!0#44#0‘il,iptotggolgtO****#.111tOWVII.ii07400"01%.***0.1$ Ov!jit4o..i,,ot4ropooA*1!.,%gtillg,li#i..0,0#ro•oo#40d•.,liIt10!!.#*0.1t,OgNIOVOioig,%*•*giotogwttkmiiw for damages to persons,property,or natural resources,and Developer's reasonable attorneys'and 000$044011;00*,,goottipo$*AW,i,ig000.0*•40.00#4,:•*wg0000#0,4AfkiotollIgtot ...pokiswo!.i..t.#0000,':OF.igiAgt000tii.i#0#400..Afto#00011***iiali#OWItighir00. 011100*****!(0044g000.904#400.No*opototootottolayooftto,:.*0**00400 §00.4040k140*#.4.,‘M.).010401•0f•it4,01.0040.0.0.01poo.:004140•01.,:j:#0104*.istgatiONotio4 00.4a01,094****111.00.0000#1§14.0.10040001•404.ioy**40$1041)0640100,104000146. otioikicottoFnoxigog000waRoopoo0001110****10.01.1iiogibmAgyityrso egggp441.9i;ivimipii.A.i.Rp11190141.ii10.0044x#0,*0 googroConservationli4ftd:44.0a0 A4101971744411-1114,44,416991010.C.00340:4410006.taiiigiiiii.biiiii0iitai,400.046 444!,ii.004#4•ii.A:41.1.i.M.1064••i.§#0.0P40.1,1!Ipplicmglon.q4#410011$4*§0000gotoitovuisilt goomgoomAggemoomolliwiewiggAinilo,*!p04001.i.iwoommotioiv:ctool Aqugyfflovaii4A.ii.g.Figkikipp5400:0*motftpii:gito‘lyototi.Aoterwmxiptixweirpg 7491ist$0.0oioNtiiioothoogolsokoaiiIio or local SJB136734 SH235-04 24 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (b) Commencement by the Holder of any Mortgage on the Development Property or any improvements thereon, or any portion thereof, of foreclosure proceedings as a result of default under the applicable Mortgage documents; (c) If the Developer shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) make an assignment for benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the Authority or City may exercise its rights under this Section 9.2 after providing thirty days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days,the Developer does not, within such 30-day period,provide assurances reasonably satisfactory to the party providing notice of default that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the Developer will cure its default and continue its performance under the Agreement. (b) t ; :: ::: :: m0d) ;cancel and rescind or terminate the Agreement and the Note. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. SJB136734 SH235-04 25 Fortie poses oi` hisrbn, h trx " terfau ►, `tholutts of Default....(i}.;fails by the. vele .er:to '.a.::: ;....:�::::.: : .:' : ; �::::::::::;. � 3� p �c��tb�e..:Ci.. .ar.:fih .:: .. . . .: : . under this.i:A reef t.i::i ::.i:: ;:'... ith i.:....,:: i'.:;.;.,,. ::.:;.:;:;:. .:.:.i: s :.>;.:.i:. i:. i:. . i:i:. .i:.: .ii oili :;.ithe.i:Dey I'.:. .r.it' ii. ;:...' .:.. , . .:.. .i:<..: .: :: :::.: .:� ::::: .::::::::.... ::::::;:1 . ::.:�::::. :.:.: .;:.. .;::. ; ... ...i:. ... ,.i:.:: ,.i. . :.::.:: toot..ent:.;u�.ivael:attoxt:.;o toot. . >'.,.;:.; :..;:.. ..:. ...::....::.. . : ..i:.. ii:.: ::. .�'.:......::;..:...i:....y'.;:.:..i.;'::::.::.: .i:.:iiiii::iii:.::.:�':.::.,v,.� :: .i::..ii:: Develo::er to::::erfor n:its:.io'. tion :.i::.: :.. ::.i: ;' ,:.;: ' '.;.i'.. .:...i: ..:. .,.:.....i i..;<.;:.>,.:.i:.i>ii,.i:«.i:.t i:. . :.::.i:. .: .::: ::.i:.;;:.;:.i:.:i:.i:.;;::::bbl..at 00.i:.un er...Seettfl :.i:g:.. .1 . ....i::.: .. :.i:...40t0:. :: .. .i:::. � :..::::..::: ::::::;i:.; ::::i::i':::::::::::::::.iii:.i:::::::::.:. :::::::..,3,,.::fid.:: ��i:.::.fad :.i''::.:: . .:::..i.. toot ::.; ' ..:::...:. :::::: :::::. . :::.:. :: ::: . : :::.::::::..: ::. .:::::):::::::::::::::::::h.:::;thy.:��welo ter.::. ' rust ' ' ..:.:': . .:..:.:::: :.:.i:.:.... ::toot. ,;.......... :::.:,. �.::.;'::.;.::.;:.-.:,:'.;i::<i:.;:.;; »<::ii:.;;i::>:: >:� :; .. ........... .i:.;:utau*t Mjuu I01 zevetn1nt as: '.:':. :gr 1i ji: . .. ... .... ..... .. ..,.:.,.. �;..::::.i. :. p � : :.::.ii;:.:.i:. :.::� a���a :: �e��€::..<.�n:.ace�rd . . .:::..': ' '. . .. .. : .:>::::;:..:.; Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs and if the Authority or City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten days of written demand by the Authority or City, pay to the Authority or City the reasonable fees of such attorneys and such other expenses so incurred by the Authority or City. Section 9.6 Default by Authority or City. Notwithstanding anything to the contrary herein, in the event the City or Authority fails to perform any covenant, condition, obligation or agreement on its part, and such failure has not been cured within 30 days after receipt of written notice to the party from the Developer, or if such failure is by its nature incurable within 30 days, the party does not, within such 30-day limit, provide assurances reasonably satisfactory to the Developer that the failure will be cured as soon as reasonably possible, then the Developer may exercise such remedies as may be available at law or in equity with respect to the defaulting party. The terms of Section 9.3 and Section 9.4 (but not Section 9.5) apply in favor the Developer as well as the Authority and City. SJB136734 SH235-04 26 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority, City, and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City or Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City or Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or Authority or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Developer agrees that, until the Maturity Date, the Developer, its successors and assigns, shall devote the Development Property to, the operation of the Minimum Improvements as a manufacturing facility within the meaning of Section 469.176, subd. 4c of the TIF Act, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts,Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 8001 East Bloomington Freeway, Bloomington, MN 55420; Attention: and SJB136734 27 SH235-04 (b) in the case of the Authority or the City, is addressed to or delivered personally to the City at City Hall, 129 Holmes Street, Shakopee, Minnesota 55379-1376; Attention: City Administrator; and or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Scott County recorder. The Developer shall pay all costs for recording. SJB136734 80 SH235-04 2 IN WITNESS WHEREOF, the Authority, City, and Developer have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1998 by and Mark McNeill, the President and Executive Director of the Economic Development Authority for the City of Shakopee, on behalf of the Authority. Notary Public SJB136734 9 SH235-04 2n CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator By Its Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1998 by , Mark McNeill, and Judith Cox, the Mayor, City Administrator, and City Clerk of the City of Shakopee, Minnesota, on behalf of the City. Notary Public SJB136734 20 SH235-04 J SEAGATE TECHNOLOGY, INC. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1998, by , the of Seagate Technology, Inc., a Delaware corporation, on behalf of the corporation. Notary Public SJB136734 811235-04 31 SCHEDULE A DEVELOPMENT PROPERTY SJB136734 SH235-04 A-1 SCHEDULE B MNDOT PARCEL SJB136734 8U235-04 B-1 SCHEDULE C CERTIFICATE OF COMPLETION The undersigned hereby certifies that Seagate Technology,Inc. (the "Developer")has fully complied with its obligations under Articles III and IV of that document titled "Contract for Private Development," dated , 1998 among the Economic Development Authority for the City of Shakopee, the City of Shakopee, Minnesota, and the Developer, with respect to construction of the Minimum Improvements in accordance with the Construction Plans, and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements under Articles III and IV. Dated: , 199 . ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE By Authority Representative SJB136734 SH235-04 C_1 SCHEDULE D Authorizing Resolution ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $ TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 19 BE IT RESOLVED BY the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee (the "Authority") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and City of Shakopee ("City") have heretofore approved the establishment of Tax Increment Financing District No. 11 (the "TIF District")within the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its $ Taxable Tax Increment Revenue Note, Series 19_ (the "Note") for the purpose of financing certain public costs of the Project. 1.02. Issuance, Sale, and Terms of the Note. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with that certain Contract for Private Development between the Authority, the City and the Owner dated , 1998 (the "Agreement"). The Note shall be sold to Seagate Technology, Inc. (the "Owner"). The Note shall be dated as of the date of delivery thereof and shall bear interest at the rate of 7.5% per annum to the earlier of maturity or prepayment. The Authority shall receive in exchange for the sale of the Note the satisfaction by the Owner of its SJB136734 SH235-04 71_1 obligation to pay the Public Redevelopment Costs (as defined in the Agreement), or portions thereof, in the principal amount of the Note . Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount, interest rate and payment schedule adjusted as of the date of issue: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE No. R-1 $ TAXABLE TAX INCREMENT REVENUE NOTE SERIES 19 Date of Original Issue , 1998 The Economic Development Authority for the City of Shakopee (the "Issuer"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of Seagate Technology, Inc. or registered assigns (the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal sum in an amount not to exceed $ (the "Principal Amount"), together with interest thereon at the rate of 7.5% per annum. This Note is given in accordance with that certain Contract for Private Development among the Issuer, the City of Shakopee (the "City"), and the Owner dated as of , 1998 (the "Agreement"). Capitalized terms used and not otherwise defined herein shall have the meaning provided for such terms in the Agreement unless the context clearly requires otherwise. Principal and interest of this Note shall be payable in semi-annual installments payable on each February 1 and August 1, (the "Scheduled Payment Dates") commencing August 1, 2000 and ceasing no later than February 1, 2009 (the "Final Maturity Date"). The Principal Amount and interest thereon are subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. SJB136734 S11235-04 D-2 Interest at the rate stated herein shall accrue on the unpaid Principal Amount,commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. Interest accruing from the date of original issue to the first Scheduled Payment Date shall be compounded semiannually on February 1 and August 1 of each year and added to the Principal Amount. This Note is payable solely from and to the extent of"Available Tax Increment," which shall mean, on each Scheduled Payment Date, the 97 percent of the Tax Increment attributable to the Development Property and paid to the Authority by Scott County in the six months preceding the Scheduled Payment Date. The Authority's calculation of Available Tax Increment shall be conclusive. The Issuer shall have no obligation to make any payment on any Scheduled Payment Date if, as of such date there has occurred and is continuing any Event of Default on the part of the Owner as defined in the Agreement. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment as of such Scheduled Payment Date shall be deferred and paid, without interest thereon, on the next Scheduled Payment Date after the Event of Default is cured. If an Event of Default is not timely cured and the Authority elects to terminate the Agreement and the Note, the Note shall be deemed terminated and the Issuer shall have no further obligations hereunder. This Note shall terminate and be of no further force and effect as of the earlier of: (1) the last Scheduled Payment Date; (2) the date the Principal Amount together with accrued interest thereon shall have been paid in full; or (3) the date the Agreement and the Note have been terminated in accordance with the Agreement. The Issuer makes no representation or covenant, express or implied, that Available Tax Increment will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Issuer shall have no obligation to pay any portion of the Principal Amount or accrued interest thereon that remains unpaid after February 1, 2009. This Note is issued for the purpose of financing certain public redevelopment costs in connection with a project undertaken by the Issuer pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and is issued pursuant to the resolution of the Issuer adopted on , 19 (the "Resolution") duly adopted by the Issuer pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.178. This Note is a limited obligation of the Issuer, payable solely from moneys pledged to the payment of the Note under the Resolution. The Note shall not be deemed to constitute a general obligation of the State of Minnesota, or any political subdivision thereof, including, without limitation, the Issuer. Neither the State of Minnesota, nor any political subdivision thereof, including, without limitation, the Issuer, shall be obligated to pay the principal of this Note or other costs incident hereto except from the revenues and receipts pledged therefor, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof, including, without limitation, the Issuer, is pledged to the payment of the principal of this Note or other costs incident hereto. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the SJB136734 SH235-04 D-3 books of the Issuer kept for that purpose at the principal office of the Registrar, by the Owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Issuer, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Issuer with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing no interest, and maturing on the same dates. This Note shall not be transferred to any person or entity unless the Issuer has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Issuer, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Transfer of the ownership of this Note to a person other than one permitted by this paragraph without the written consent of the Issuer shall relieve the Issuer of all of its obligations under this Note. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done,have happened, and have been performed in regular and due form,time, and manner as required by law; and that this Note, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Board of Commissioners of the Shakopee Economic Development Authority has caused this Note to be executed by the manual signatures of the President and the Executive Director of the Issuer and has caused this Note to be dated as of the Date of Original Issue specified above. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE Executive Director President SJB136734 SH235-04 D-4 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director Seagate Technology, Inc. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Scheduled Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. SJB136734 SH235-04 D-5 (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its Chair and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. SJB136734 SH235-04 D-6 4.02. Note Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special TIF District No. 11 Note Fund (the "Note Fund") to be used for no purpose other than the payment of the principal of and interest on the Note and any other Notes issued pursuant to Section 3.3 of the Agreement. The Authority irrevocably agrees to appropriate to the Note Fund all Available Tax Increment received by the Authority. Any Available Tax Increment remaining in the Note Fund shall be transferred to the Authority's account for TIF District No. 11 upon the payment in full or termination, in accordance with their terms, of all Notes issued pursuant to this resolution and Section 3.3 of the Agreement. 4.03. Additional Obligations. The Authority may issue any other Notes in accordance with Section 3.3 of the Agreement, all of which Notes shall be on a parity basis with the Note issued under this resolution. Except as provided in the previous sentence, the Authority may not issue any other obligations secured in whole or in part with Tax Increment (as defined in the Agreement) unless the pledge of Tax Increment to such obligation is fully subordinate to the pledge of Tax Increment to the Notes issued pursuant to Section 3.3 of the Agreement. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 5. Effective Date. This resolution shall be effective upon the date of approval, or upon full execution of the Agreement, whichever is later. Adopted this day of , 1998. President ATTEST: Executive Director SJB136734 SH235-04 D_7 SCHEDULE E Parking Lot/Driveway Easement Agreement [To be added] SJB136734 SH235-04 D-9 E. i0A stA , CITY OF SHAKOPEE CC , is-, Lf-- , 02 Memorandum TO: EDA and City Council FROM: Mark McNeill, City Administrator SUBJECT: Seagate Contract DATE: April 6, 1998 On page 11 and 12 of the contract in your packet,there is a reference to a maximum amount of $200,000 which will be fronted by Seagate and to be reimbursed through TIF revenues, for the extra costs involved with providing electrical service to that site. This was discussed on Friday with SPUC Director Lou VanHout. The true amount is unknown- it maybe in the $50,000 - $150,000 range, according to Lou. However, he also said a"worst case" scenario could be up to $500,000 - Lou simply did not know, and would not know until after a study was completed, apparently in about a month. Upon hearing the $500,000, Seagate insists on the amount being increased from $200,000 (which we as staff felt was ample)to $500,000 to cover them in case of that worst case scenario coming true. We are agreeable to that, and will have that in revised pages on the table tomorrow night. However, the City and the Authority will make no warranty section 3.3 (c)that enough TIF will be available to reimburse for that amount. In actuality, it should be sufficient, given the fact that Seagate is planning to construct phase 2 - an extra 80,000 sq. ft. -at the same time that phase 1 is being constructed and finished. More information will be available at the Council meeting Tuesday night. V 1.4-- 411-11111 Mark McNeill City Administrator MM:tw &Seagate Seagate Technology 8001 E. Bloomington Frwy. S Bloomington, Minnesota `J 55420 April 3, 1998 Mark McNeil City Administrator PO Box 126 Shakopee,MN 56581 Dear Mark, I am writing to inform you that the proposed Contract For Private Development By and Among Economic Development Authority For the City of Shakopee and City of Shakopee,Minnesota and Seagate Technology,Inc. as drafted and revised by Kennedy& Graven, Chartered has been approved for execution by the authorized corporate officials of Seagate Technology, Inc. Upon aroval by the Shakopee EDA and City Council on April 7, 1998,we will execute final copies of the Contract. pp Once again,I wish to extend my appreciation for all of the efforts put forth by council members. Upon execution of the Contract and related agreements, Seagate will initiateeconstruc cntatives,onstruction theA oposedd expansion project. We look forward to a long term mutually beneficial relationship with the Shakopee community. Please contact me if you have any questions. Sincerely,/ Geoffre .y r Director of Corporate Real Estate OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE,MINNESOTA MARCH 17, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link and Sweeney present. Councilor DuBois was absent. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Mark McQuillan, Park and Recreation Director; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following item was added to the agenda: 15.E.4. Hiring of Accountant III in Finance Department; and 15.A.4. Authorize Final Payment to Ryan Contracting, Inc., 1994-10. The following items were removed from the agenda: 14.D. Preliminary Plat of Southbridge; 15.B.2. Change Order No. 2 for Fire Station Project; 15.C.1. Outdoor Recreation Grant for Tennis Courts; and 15.E.2. City Newsletter. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were removed from the Consent Agenda: 15.C.3. Award Bids for Prairie Bend Park Asphalt Project, Resolution No. 4877, and 14.C. Final Plat of Orchard Park West 1st Addition, Resolution No. 4872. Sweeney/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Cncl. Sweeney gave a liaison report, explaining that at the County Board meeting on Tuesday, March 17, 1998, it was reported that the Prior Lake City Council voted not to support the County Board's proposal to move forward with the County Road 42 changes for access involving Savage and Prior Lake. He said there was also discussion regarding safety concerns that drove the staff recommendation. This raised a question as to funding for the intersection at County Road 17 and Vierling Drive. He said the County Engineering staff has indicated that funding is the City of Shakopee's concern, not the County's. He then explained that a policy needs to be created and adopted both by Cities and the County to address the issues that continue to re-occur. Commissioner Bannerman approached the podium and stated that the developer and Savage have both agreed to pay for the Prior Lake portion of the development. He said that Prior Lake still refuses to support the development, even though they are not paying for their portion of the development. He said the businesses south of County Road 42 feel that they will lose business in the future. Official Proceedings of the March 17, 1998 Shakopee City Council Page -2- Sweeney/Link offered Resolution No. 4865, A Resolution of Appreciation to Steve Johnson, and moved its adoption. Motion carried unanimously. Mayor Brekke read the resolution to Steve Johnson and presented him with a framed copy. Steve Johnson approached the podium and stated that the status of the Parks and Recreation Department is good. He said that due to the hard working and innovating staff, and a diverse and hard working Advisory Board, programming and service offerings are strong at this time. He said the Community Center has been operating for several years, servicing all ages of local citizens, and that the walking track alone, averages nearly 2000 uses per month. The park dedication fee structure has been changed to more accurately reflect the needs of the community, and he said he was hopeful that the Council will continue to review this fee structure on a regular basis. He said a state grant has been obtained to assist in purchasing 10 additional acres to expand Tahpah Park to the west. In addition, the City and the School District are working together to buy a parcel of land for an elementary school and an athletic campus to optimize the tax payer's dollars. In looking ahead, he said a Parks and Recreation Users Group now meets on a regular basis, and said they would be coming before the City Council to request a referendum in 1999 to support expanded park and recreation needs. He urged the Council to use TIF surplus funds if the referendum is approved, and if it is appropriate. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. Randy Laurent, Laurent Builders, approached the podium and requested that item 14.C. Final Plat of Orchard Park West 1st Addition, be addressed later on the agenda so that a representative may be present. A recess was taken at 7:22 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:25 p.m. Sweeney/Amundson moved to approve the minutes for February 17, 1998, Special Session, February 17, 1998, Adjourned Regular Session, and March 2, 1998, Regular Session. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve bills in the amount of $544,776.71. (Motion carried under the Consent Agenda.) Official Proceedings of the Shakopee City Council March 17, 1998 Page -3- Sweeney/Amundson moved to accept the resignation of Joel Cole from the Community Access Corporation Board of Directors, with regrets. (Motion carried under the Consent Agenda.) The public hearing on the proposed improvements to Vierling Drive from Sage Lane to Miller Street, Project No. 1998-2, was opened. Bruce Loney reported that after the feasibility report was accepted, additional discussions took place regarding issues that impact the project and assessments. Scott County is recommending a right turn lane for southbound Marschall Road to westbound Vierling Drive, with a traffic control signal at the intersection of CSAH 17 and Vierling Drive. Scott County has also stated that this turn lane is the responsibility of the City or the developer. The City's Transportation Consultant, Charles Rickart of WSB & Associates, Inc., agrees that a right turn lane should be installed. The cost to construct the turn lane is estimated at$31,000 and was not included in the feasibility report. An amended feasibility report was prepared to include the cost of the right turn lane. In the amended feasibility report, staff recommends that the transportation improvements be assessed 100%to the benefiting commercial properties. Should the Council feel that the commercial properties are not benefiting totally, then a 50% - 50% cost sharing is recommended. At the request by staff, Mr. Rickart reviewed the adequacy of the existing left turn lane to see if it met the transportation demands, and indicated that a northbound queue length, or storage length for the peak hours, and ultimate development would be 325 feet. He said that the geometrics exist for the reconstruction of the left turn lane to accommodate the additional storage length of 325 feet It is the County's position that the reconstruction to upgrade the existing left turn lane on northbound CSAH 17 is a City/Developer cost. The cost to reconstruct this turn lane is estimated at$34,000. Based on the traffic studies and traffic review, staff believes that a longer left turn lane will eventually be necessary for proper traffic flow and safe ty. However, this improvement may not be needed until the commercial property is fully developed and Vierling Drive is completed through Shakopee. The developer of Crossroads Center is in favor of reconstructing the left turn lane at this time. If the Council wishes to proceed with this improvement at this time, staff recommends assessing the commercial properties west of Vierling Drive 100%, as their developments are causing the need to increase the length of the turn lane. Staff has concluded that no widening will occur on Vierling Drive between Marschall Road and Miller Street at this time as traffic volumes are anticipated to be low enough to construct the turn lanes within the existing pavement width, using concrete medians and Official Proceedings of the March 17, 1998 Shakopee City Council Page -4- striping. The existing pavement on Vierling Drive will be salvaged by cutting and patching to widen and install concrete medians, and then performing a bituminous overlay on the entire width. The City of Shakopee will pay for 50% of the cost for the bituminous overlay. A traffic signal will eventually be necessary west of Marschall Road at Vierling Drive. However, in order to prevent disturbing the roadway twice, underground cable and conduit are recommended at this time to accommodate future signalization when the intersection meets warrants. The proposed street light at Ramsey Street and Vierling Drive is already a developer obligation that SPUC has not installed as yet. Street lighting along Vierling Drive, west of CSAH 17, is a developer obligation and should be assessed back to the developers. Bruce Loney explained that assessing the street lighting on the west side will assure that improvements will be included in the project and that it will be done in a timely manner. This improvement is also included in the amended feasibility report. The concrete median is included in the feasibility report for possible assessments, if it is determined that this improvement is necessary. If this project moves forward, staff proposes using WSB & Associates, Inc. to design the improvements for Vierling Drive. They are already under contract to design the traffic control signal for the County. A Cooperative Agreement with Scott County for the traffic control signal at Vierling Drive and CSAH 17 is also recommended. The City would be the Lead Agency for better project coordination and cost effectiveness. Included in the agreement with the County, is an Emergency Vehicle Pre-emption (EVP) item which may be deleted if the City feels the cost is unacceptable. Scott County would like a permit for the initial activation, and liabilities may not allow activation if the other signals in the area do not have the Opticon system. The total amount of assessments is estimated at $364,145.37. Scott County costs total $65,000, and City costs are $78,724.22. The total cost of the project is estimated at $507,869.59. In response to a question as to why the City of Shakopee does not light commercial areas more, Bruce Loney explained that according to the standard street lighting policy, a light will be installed at 300 foot intervals or at every intersection. He said this area will be well lit. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on this issue. Official Proceedings of the March 17, 1998 Shakopee City Council Page -5- Dale Dahlke, 606 Barrington Dr., representing Dallas Properties, approached the podium and stated that he would like to see the work on the east side limited to striping as future development is planned and they feel it would be best to put in the concrete median at the time of development. Mayor Brekke asked if there were any other interested citizens present who wished to speak to this issue. Having no further response, Mayor Brekke closed the public hearing. Sweeney/Link offered Resolution No. 4870, A Resolution Ordering an Improvement and Preparation of Plans and Specifications to Vierling Drive, from Sage Lane to Miller Street,Project No. 1998-2, and moved its adoption. A discussion ensued in which Cncl. Sweeney stated that the Engineer and Scott County Highway Department need to discuss re-occurring issues and to address accesses from commercial areas to County highways. He suggested that a policy be created that addresses the fact that spacing between heavily developed commercial areas is closer than that of residential areas. He said 1/4 mile spacing may make sense for residential accesses, but the impact of access on commercial development must be considered. He ended by saying that the concerns for all Cities need to be jointly addressed by the Cities and the County Highway board, and that this is not a County Road 42 issue, but rather a commercialized County Road issue that will affect all the cities in the county. A discussion ensued regarding 1/4 mile versus 1/8 mile right-of-ways. Bruce Loney explained that the current County policy is that if a turn lane is needed due to development, the costs are 100 % to the City or the developer. On the other hand, if the County is doing a road improvement project and it meets the criteria for a turn lane, the turn lane is put in with 100%of the cost to the County. He suggested that there should be a defined cost sharing policy addressing turn lanes whenever they are put in. Scott County Commissioner Bannerman said that he asked Brad Larson, of the County Highway Department, why the County is participating in the County Road 42 project and not participating in the County Road 17 project. He said he did not get a response and agreed that there should be an established policy to deal with this issue. Terry Link, Fire Chief, approached the podium and stated that all the Highway 169 bypass lights, including County Road 69 and 169 have fully operational emergency vehicle pre-emption systems, and all of the vehicles are also equipped and operational with this system. He said the fire fighters have been sufficiently trained on the use of the Opticon System, and he does not feel there is a need to obtain a permit from the County to activate the system for this signal, which may not be activated until another intersection on Marschall Road is completed. He urged that the Opticon System not be deleted from this signal as this is a major access from the new fire station. Official Proceedings of the March 17, 1998 Shakopee City Council Page -6- Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of Plans and Specifications on Vierling Drive improvements at a cost not to exceed $35,000. Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City officials to execute a Cooperative Agreement with Scott County on the traffic control signal at Marschall Road and Vierling Drive. Sweeney/Link moved to amend the Cooperative Agreement with Scott County on the traffic control signal at Marschall Road and Vierling Drive, by striking paragraph 10 relating to permitting the Opticon System. Motion carried unanimously. Motion carried unanimously on main motion, as amended. Cncl. Sweeney suggested that the Mayor and Bruce Loney meet with the County Highway Department to discuss the creation of a policy to address cost participation issues. Commissioner Bannerman offered to be a participant. Michael Leek explained that the excess fire station property has been divided into two lots, one of which the City has entered into a purchase agreement for a housing project. He said the architect for the other lot has requested that the City consider moving the dividing line 30 feet to the West, which would result in the parcel being in the same line as the easement line required by SPUC for its watermain. He recommended approving only the preliminary plat at this time, and withholding action on the final plat until the parties have had a chance to discuss the request and come forward with a resolution. He also said it has been the assumption that grading permit fees would not be charged as the City is the developer of the property, and asked for specific direction from the Council to waive the grading permit fees. Sweeney/Amundson offered Resolution No. 4871, A Resolution of the City of Shakopee, Minnesota,Approving the Preliminary Plat of Evergreen Heights Addition, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to approve waiving the grading permit fees for Evergreen Heights. Motion carried unanimously Sweeney/Amundson offered Resolution No. 4868, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat for Stone Meadow 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Oficial Proceedings of the March 17, 1998 Shakopee City Council Page-7- Michael Leek explained that the replat of property in Canterbury Park 2nd and Canterbury Park 4th Additions will in part cause the Seagate proposed project and would become developable property within the Canterbury Park 2nd PUD. Planning Commission has approved the plat with the conditions as outlined in the resolution. He said staff has received comments from the County regarding changes to County Road 83 and potential closing of Secretariat Drive. Staff responded, explaining that Secretariat Drive is outside of the plat and therefore the City may not have the authority to close the road as a part of the plat. Another issue is modifications to County Road 83. Staff feels these are driven by County Highway safety issues rather than access issues. Link/Amundson offered Resolution No. 4874, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary and Final Plat of Canterbury Park 5th Addition, and moved its adoption. Motion carried unanimously. Bruce Loney explained that the Vierling Drive project from CR 15 to Fuller Street is a City Council initiated project, based on a petition from the developer of Orchard Park West. He said the feasibility report was divided into two segments. Segment one is the portion of Vierling Drive, from CR 15 to the western boundary of Orchard Park West plat. Segment two is the portion of Vierling Drive from the western boundary of the Orchard Park West Plat to Fuller Street. He reported that staff discovered that the City costs associated with segment two were high because much of the roadway crosses the Upper Valley Drainage Ditch, and is also adjacent to Lion's Park. The property owner adjacent to, and south of Vierling Drive in segment one, has stated a willingness to dedicate right-of-way for Vierling Drive. Therefore,there are no right-of-way costs for this segment. It was recommended that only the eastern half of the segment be constructed at this time, and that the remaining portion of Vierling Drive be considered for construction in the future. The main reason for not constructing the entire length at this time is that the property owner to the west is not ready to develop, and the City has a large assessment obligation through Lion's Park that was not included in the 1998 capital improvement program and budget. Mr. Loney explained that the construction of Vierling Drive will be assessed to the adjacent benefiting property owners on a front footage basis. The assessment rate will be calculated based on a local street width equivalent (36 foot wide and 7 ton design), with the oversizing being funded by the City. The sidewalk on the north side of the road will also be assessed 100%, and is included in the street assessment rate. The bituminous trail on the south side of Vierling Drive will not be assessed, as per City policy. The estimated assessment rate for this segment of roadway is $85.78 per front foot. Official Proceedings of the March 17, 1998 Shakopee City Council Page -8- A discussion ensued regarding dedicated right-of-way. Bruce Loney explained that some of the right-of-way is not owned by the developer of Orchard Park West, and that this property owner was informed that staff would obtain an appraisal and give him fair market value for the land, which would be included as a project cost, and would be assessed throughout the project rather than directly back to him. He said the property owner is in agreement with this. In response to a question regarding oversizing costs on Vierling Drive, Bruce Loney said the entire cost of the land will be shared by the benefiting properties. Amundson/Link offered Resolution No. 4866, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, from County Road 15 to Fuller Street, Project No. 1998-3, and moved its adoption. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4872, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat for Orchard Park West 1st Addition, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to terminate Michael Frassel's probationary status. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to accept the resignation, with regrets, of William Doege as Maintenance Worker for the Public Works Department of the City of Shakopee effective, March 16, 1998. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hire of a Maintenance Worker for the Public Works Department. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4876, A Resolution of Special Commendation to William Doege, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McNeill reported that an unfavorable ruling was received from the Court of Appeals, regarding the Ryan Contracting Inc. lawsuit. He recommended that the City not seek review by the Minnesota Supreme Court and arrange to make payment of the judgment at this time. The judgment, including interest which is at a 5% rate, is $298,952.10. Official Proceedings of the March 17, 1998 Shakopee City Council Page -9- Sweeney/Link moved to authorize staff to execute payment to Ryan Contracting, Inc., as per the judgment award issued by the trial court in the matter of Ryan Contracting, Inc. versus the City of Shakopee in the amount of$298,952.10 plus any interest accrued to the date of payment. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4863, A Resolution Authorizing Execution of a Grant Contract for Operation Nightcap Program, and move its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4864, A Resolution Amending Resolution No. 4743 Authorizing the City of Shakopee to Enter Into a Cooperative Agreement With the Minnesota Department of Public Safety for the Project Entitled Operation Car Prowl Reduction, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize payment of progress payment #11, in the amount of$209,988, to James Steele Construction Company. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4862, A Resolution Accepting the Conditions of the Fishing Pier/Shore Fishing Agreement Established by the State of Minnesota, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McQuillan explained that improvements to Prairie Bend park were authorized in 1997. The project costs were estimated at over $25,000. As required by State Law, the project was put out for bids. Three bids were submitted. However, after the bid opening, staff discovered that the advertisement for bids had not been posted in the Shakopee Valley News, as required by State Law, and all the bids were rejected. The contractors were notified of the rejection and informed the project would be rebid in 1998. Mr. McQuillan said at that time, there were no written or verbal complaints received regarding this. When the bid was readvertised and opened on March 10, 1998, all three contractors re- submitted bids. Prior to the opening of the bids, Prior Lake Blacktopping phoned to say their bid bond was being faxed. Prior Lake Blacktopping was the low bidder. Upon discovering that Prior Lake Blacktopping's bid bond was delivered to the City 15 minutes late, Plehal Blacktopping challenged this,saying that it was unfair. Plehal Blacktopping was informed that the City Attorney had been notified of the situation and that staff was waiting for a determination. Jim Thomson, City Attorney, explained that the City may waive technicalities. He said that the purpose of the bid bond is to assure that the bid is good. In his opinion, the 15 minute delay in submitting the bid bond was not a material advantage to any of the Official Proceedings of the March 17, 1998 Shakopee City Council Page -10- contractors. He said that, unfortunately when bids are rejected the contractors know what the other bids are. However, when they rebid, they all have to take this into consideration. In response to questions regarding competitive bidding, Mr. Thomson explained that the law states that if the estimate is over$25,000 the project must be bid. He said the criteria for deciding whether or not to bid a project is dependent on the estimate going into the project. In response to comments that the other contractors were penalized by the first rejection of bids, the City Attorney explained that throwing out the bids again would only compound the problem. Mark McQuillan stated that Plehal Blacktopping had the same opportunity to alter their bid as the other contractors and did not, even knowing what the previous bids were. Further discussion or action was delayed in order to allow time for a Plehal Blacktopping representative to be present, and the Council continued with other items on the agenda. Michael Leek explained the process that the City must go through in order to determine whether or not an Environmental Impact Statement is necessary for a project. He reported that an EIS was not justified for the Seagate Technology project and recommended that a negative declaration be made. Amundson/Link offered Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the Proposed Seagate Technology Project, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to grant an extension of the preliminary plat approval for Westridge Lake Estates to April 1, 1999. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to waive the building permit fees for the two signs to be placed in the Blocks 3 & 4 site by the Downtown Clock Tower Committee. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to renew the volunteer fire fighters accident insurance policy with ITT Hartford at an estimated premium of$1,900. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to hire Greg Sticha for the Accountant III position at pay scale step one of$38,750, effective April 6, 1998, subject to passing a physical and credit check. (Motion carried under the Consent Agenda.) Oficial Proceedings of the March 17, 1998 Shakopee City Council Page -11- A recess was taken at 8:48 p.m. The meeting re-convened at 8:58 p.m. Richard Peltier,representing Plehal Blacktopping, approached the podium and questioned the bid award to Prior Lake Blacktopping. He said he disagreed with the decision and felt it was unfair. Jim Thomson, City Attorney, stated that, in his opinion, there was no choice but to reject the bids last fall, based on the advertising policy and that there was no bid to award. In response to a question regarding written response of rejected bids, he said he was unaware of any requirement that the response must be in writing. He said a written response was not warranted as the bids were never taken to the Council. Mr. Peltier stated that in his experience written notification is usually provided and discussed responsible bidding practices. In response to a question regarding lack of notice of rejected bids, the City Attorney said the lack of notice was an independent issue and not related to this year's bid bond. In response to a question regarding advertising practices, he explained that State law requires any Public Works project of $25,000 and higher to be advertised in the local newspaper. He also explained that the bidding documents contain language that allows the City to waive irregularities. However, if this gives a competitive advantage, it cannot be waived. He said, in his opinion, there was no competitive advantage given to Prior Lake Blacktopping by phoning ahead to say that a bid bond was being faxed. Mr. Peltier disagreed. He said it was an unfair advantage, that he was a more responsible bidder and was penalized for following the rules. Sweeney/Amundson offered Resolution No. 4877, A Resolution Accepting Bids on the Prairie Bend Park Asphalt Project, and moved its adoption. Motion carried 3-1 with Cncl. Link opposed. Sweeney/Amundson moved to adjourn to Tuesday, March 24, 1998, at 4:30 p.m. Motion carried unanimously. The meeting was adjourned at 9:13 p.m. uali:tiA.J. e2c dith S. Cox ity Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 24, 1998 Mayor Brekke called the meeting to order at 4 :30 p.m. with Councilmembers Amundson, Link, DuBois, and Sweeney present. Also present : Mark McNeill, City Administrator; Bruce Loney, Public Works Director; and Judith S. Cox, City Clerk. Sweeney/Amundson moved to approve the agenda. Motion carried unanimously. Mr. McNeill explained the problem that the school district was experiencing in their purchase of a 21. 7 acre parcel . It would result in reducing the acreage of the property being retained by the seller to less than 20 acres. The subdivision created from this land sale would not meet the State criteria for a subdivision without local approval . Sweeney/Amundson offered Resolution No. 4875, A Resolution Authorizing Conveyance of Land Using a Metes and Bounds Legal Description, and moved its adoption. Motion carried unanimously. Mr. McNeill explained the request of James Steele Construction for additional compensation for the fire station due to additional costs they incurred because of the delay by Minnegasco crews to lower a high pressure gas main. Discussion followed. DuBois/Link moved to authorize the appropriate City officials to execute Change Order No. 2, in favor of James Steele Construction Company, in the amount of $27, 000 . Motion carried unanimously. Mayor Brekke adjourned the meeting at 4 :37 p.m. d0 volt:4 ). 626 A •;ith S. Co ty Clerk Recording Secretary • OFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORKSHOP SESSION SHAKOPEE, MINNESOTA MARCH 24, 1998 Mayor Brekke called the meeting to order at 4 :37 p.m. following the Adjourned Special Session. Councilmembers present : Amundson, Link, DuBois, and Sweeney. Staff present : Mark McNeill, City Administrator; Bruce Loney, Public Works Director; and Judith S. Cox, City Clerk. Amundson/Link moved to approve the agenda. Motion carried unanimously. Mr. McNeill explained the confusion that residents have been experiencing due to the recent billing change from the City to Waste Management for refuse collection. He explained that approximately 143 residents have been exempted over the years from using the City' s refuse hauler. He asked the Councilmembers for direction on whether or not to allow these residents to be grandfathered in and not be required to use the City' s contract hauler. He also asked whether or not additional residents could be exempted from using the City' s contract hauler if they too had other legitimate methods of disposing of their refuse . Mr. McNeill explained that Shakopee has a closed system, and some neighboring communities have an open system. There are pros and cons for both. He asked for clarification from the Councilmembers as to whether or not they wished to allow some flexibility in determining whether or not a resident could be exempted from using the City' s contract hauler. Discussion followed. There was a consensus of the Councilmembers to allow the currently exempted residents to be grandfathered in and be allowed to dispose of their refuse by means other than using the City' s contract hauler. Also, Councilmembers agreed to continue with the closed system and that no additional exemptions would be granted. Mr. Loney introduced Mr. Chuck Rickart of WSP & Associates, Inc. Mr. Rickart was present to introduce the draft Transportation Plan for the City of Shakopee, copies of which were provided to the Councilmembers previously with their agenda packet . Official Proceedings of the March 24, 1998 Shakopee City Council (Workshop) Page -2- Mr. Loney explained that the City is required to update their Transportation Plan by the end of 1998, and that it is needed for development . A transportation model has been created so changes can be easily made to it . Mr. Rickart first explained how the Transportation Plan was developed, using the Scott County model and the Metropolitan Council model as guides . Mr. Rickart stated that when the Planning Commission looked at the Transportation Plan, they asked how it fits in with the transportation systems of neighboring communities . He explained that there are arterials that connect to neighboring communities, that roads have changed classifications, and that the classifications follow the Metropolitan Council labeling process. Mr. Loney stated that there are ten improvements listed for implementation of the Transportation Plan and explained the three areas that were studied. He said that the Transportation Plan does not include the future realignment of CR-42 as it has not been identified officially on the County Highway System. Mr. Rickart stated that Scott County has seen the Transportation Plan and has submitted comments that we will be discussing. Some are with regard to CR-42 to CR-17 to CR-78 . There could be some movements added at CR-17 and CR-42 and at CR-17 and CR-78 so as not to require the realignment of CR-42 . Mr. Loney stated that there are four major issues associated with the Transportation Plan. The first involves 12th Avenue from CR- 83 to Shenandoah Drive, and 12th Avenue is included with the development of the Seagate Project . The second is the realignment of CR-16 which is proposed to be realigned to the future construction of 17th Avenue along with the realignment of CR-16 with CR-83 . This will include Scott County approval . They do not meet Scott County spacing requirements and will require discussions with the County. It was noted that there will need to be discussions with the County. Official Proceedings of the March 24, 1998 Shakopee City Council (Workshop) Page -3- The third major issue is the construction of 17th Avenue as a County Highway from CR-83 to CR-17 to be turned over to the Scott County Highway Department and for the County Highway Department to turn back CR-16 from CR-17 to CR-83 to the City. The fourth major issue is a collector road and possible right in/right out connections to CR-21/CR-18 to facilitate development in the commercial area near the CR 18 and Hwy 169 interchange. After discussion, Mayor Brekke summarized that the Councilmembers are in agreement with staff recommendations on the four issues . Councilor Sweeney noted the importance of meeting with the Cities of Savage and Prior Lake to facilitate input in planning for transportation in order to support each other when working with Scott County. Mayor Brekke stated that maybe the Transportation Plan could be beefed up to include other than automobiles . Mr. Rickart pointed out that Section Six deals strictly with Design Guidelines. Mr. Loney stated that he had met with developers to better identify the scope of proposed development . As a result of the meetings, he identified the eight street collector projects for 1998 . 1 . 4th Avenue, from CSAH 17 to Sarazin Street - he recommended deleting this project for 1998 . 2 . Vierling Drive, from Sage Lane to Miller Street - he explained that this project has been authorized by City Council . 3 . 17th Avenue, from Sarazin Street to 1/2 mile East - he recommended cutting the project to 3/8 of a mile. The area needs to be opened up, and 1998 would be better than 1999 for the school district . Official Proceedings of the June 24 , 1998 Shakopee City Council (Workshop) Page -4- 4 . Vierling Drive, from CSAH 15 to Fuller Street - he said that the feasibility study has been approved by City Council and that staff is recommending only one-half of the project at this time. 5 . 17th Avenue, from CSAH 17 to 1/4 mile West - he said that the developer has indicated a willingness to pay 100% and that the City would pay for the oversizing only. 6 . East Dean Lake Street Collector - he said that this is out for bidding and that the City will be doing the trail . 7. Vierling Drive, from Taylor Street to Presidential Lane - he said that the work is complete and that we are waiting to receive the State Aid funds . 8 . Canterbury Drive and proposed Canterbury 5th Addition - he said that this is associated with the Seagate project . Mr. Loney explained that with the information that was known, the initial Capital Improvement Fund (CIF) amount was $765, 117 and the State Aid amount was $525, 000 . The revised total expenditure amount for the CIF is $867, 617 'which includes $500, 000 associated with the Seagate project . Land acquisition for the fire station is reduced by $85, 000 . Mr. Loney stated that after you add and delete the projects as identified, the costs went up by approximately $100, 000 for the CIF. He stated the total State Aid Fund needed is revised from $525, 000 to $325, 000 for 1998 . Essentially, he said that there is enough money to do the streets in 1998 as he outlined. Councilor Sweeney stated that Council has a need to retain surplus funds or a reasonable surplus amount for future Councils . He expressed concern about the year 2002 in the 5-Year Capital Improvement Program which showed a deficit in the amount of $1, 854, 113 . He also expressed concerned about the Debt Service Levies . Councilor DuBois stated that she supports the recommendations from Mr. Loney for the 1998 projects . • Official Proceedings of the March 24, 1998 Shakopee City Council (Workshop) Page -5- Mr. McNeill stated that the Council may want to talk about the larger projects down the road at budget time. Mr. Jon Albinson, Valley Green Business Park, stated that the East Dean Lake collector street is being funded 100% by the developers . Mr. Voxland, Finance Director, reminded the Council that a Building Fund was set up last year and that a 1/2 mil plus interest is ear marked for a library. He also stated that projects assessed against City property come out of the General Fund operating budget . Sweeney/Amundson moved to adjourn. Motion carried unanimously. The meeting was adjourned at 6 :34 p.m. le• J t)/(1 dith S . Cox i vety Clerk Recording Secretary 6 . , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Resolution of Appreciation - Shirley Olson DATE: March 27, 1998 At its meeting of April 7th, the Council will be asked to consider a resolution of appreciation for the work of retiring Murphy's Landing Executive Director, Shirley Olson. 14SL :A/e4AL/M Mark McNeill City Administrator MM:tw 6 ' A , RESOLUTION NO.4885 A RESOLUTION OF APPRECIATION TO SHIRLEY OLSON WHEREAS, Shirley Olson has served as Executive Director of Murphy's Landing since March 1, 1994; and • WHEREAS, Shirley Olson had extensive experience in the management of non-profit agencies prior to assuming the Murphy's Landing position,and has been a leader in the field of non-profit agency management for more than 20 years,serving on various tourism,health industry, and museum related boards and committees; and WHEREAS, during her tenure as Executive Director at Murphy's Landing, she has used her expertise to reverse significant financial and attendance problems that had existed at Murphy's Landing,turning it into a financially stable and respected living history museum dedicated to the preservation of the culture and history of the Minnesota River Valley; and WHEREAS, Shirley Olson is leaving a legacy for a bright future,with the potential Minnesota River Bike Trail extension, boat landing construction, reconstruction of Murphy's Inn, and ferry crossing;and WHEREAS,upon the occasion of her retirement, Shirley Olson is to be lauded for her skills as a artist,technician,and diplomat while serving as Executive Director of Murphy's Landing. NOW,THEREFORE,BE IT RESOLVED by the Shakopee City Council, on behalf of the residents of Shakopee,and of all users of Murphy's Landing,that it does hereby extend to Shirley Olson its deep appreciation of the City for her years of service to Murphy's Landing. BE IT FURTHER RESOLVED that the City Council of the City of Shakopee,wishes Shirley Olson every happiness in her retirement,and in her future ventures. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 7th day of April, 1998. Mayor of the City of Shakopee i Hi CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 2, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 04/02/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $1, 743 .35 . Included in the bill list is a bill from JEA Architects for studying the Boy Scout Barn for moving. This was ordered by the City so the City should pay the bill . However, it appears to be an unauthorized use of city funds because it was spent on studying a privately owned building. Action Requested Move to approve the bills in the amount of $693, 973 . 82 CITY OF SHAKOPEE • EXPENSES BY DEPARTMENT 04/02/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 0 13,046 20 12 CITY ADMINISTRATOR 225,000 47 37,216 17 13 CITY CLERK 182,430 51 32,858 18 15 FINANCE 326,090 62 55,056 17 16 LEGAL COUNSEL 253,500 0 54,722 22 17 COMMUNITY DEVELOPMENT 474,700 92 80,621 17 18 GENERAL GOVERNMENT BUILDINGS 153,890 13 19,782 13 31 POLICE 1,786,920 513 357,670 20 32 FIRE 482,560 0 59,311 12 33 INSPECTION-BLDG-PLMBG-HTG 261,400 54 45,011 17 41 ENGINEERING 442,010 135 72,868 16 42 STREET MAINTENANCE 828,580 103 124,912 15 44 SHOP 125,890 34 23,118 18 46 PARK MAINTENANCE 373,940 64 55,429 15 91 UNALLOCATED 635,480 0 319,057 50 TOTAL GENERAL FUND 6,617,720 1,169 1,350,676 20 17 COMMUNITY DEVELOPMENT 485,570 0 52,070 11 TOTAL TRANSIT 485,570 0 52,070 11 19 EDA 156,600 19 10,788 7 TOTAL EDA 156,600 19 10,788 7 ri r (1) to <a a H H H H H H H H H H H H H H H H 000000 C4 w OM 1 CO at 0 Z mm wHr�-I A W r m N N N N N N H ri N CAM M cO t0 10 V'V'V'V'V'V' r-r- l0 In U) MMMMMM `0 `0 a cn UI N NN � 0 in U) In O 0 CO U) U) U)U)U1 U)an U) H 0 0 Q A 0 0 N 0 N O o is N W O O 000000 N 0 CI;.CU 0 M co 0 M 0 O M M W 0 0 000000 N r-1 in W 0 c0 O 0 CO O H CO CO 0 0 M H H H H H H CO N N N N N N 0) WW O) H coM O M H H H H 10 H 01MMMMM 'Ej„Ca N r•i NN M H 'n N N N C' N d'V�d�d�d'd' '0 N N I N NI I 1 1 1 1 1 1 Ca N N O W 1 I I I I I I I I 1 I I I OE N N N N ri N H ri N t0 N N N 1/40 H N rl ri ri ri ri r-I U ZH H mH r♦ m ri V• H OI N 0 01 O1 H V' O1 ri r-1 M M M V' Z 01 0 00 m 0 T 0 0 t0 0 0 0 0 01 O 000000 0 0 00 z H Z H m 4 W W c4 a1 Z mZ \ U Ca H un H w O Z W E O E a] M H W W x m HH W a U al 4C - CO E z 03 m 4 m C W co w 0 CO wwwwww 01 01 W 4 m QZ 2 CO C( M X 10 l H (Z 0000000 00000 'I Q a M WW w ZH )4\ 0 > `M° 0 CO H 10 aaawaa ' A W 0 0 Oa N 01 w 4 co wwwwww ft I-1 W 44 H C/)0 z 0 H a N Z o r0) M 0 H M wwwwww N 4 0 EA 00 m E t` H U N N a CO t` EEEEEE mmmmmm O a 1i Z w ACA H wwwwww O E F4 CO E 0 m U >D>»5 HHHHHH W a UU W ZZ W a z a H H awiawivWirwnAA Cl) HH H W H CO Cd ca w El Z a z Oa O CO H wwwwww 0 Z 00 HH CO Z 0 w 444444 '�al = U W E E '8 a aawaaa Cx a O4 Z Z 4CO -W H H H H H H p 0 WW H 1:4H W H H E' 3 3 Z W 33333 U mm Z H E W CO a 4 0 00 H X E-4 N 4 EEEEEE X EX H a CO a z E., W CO a x0a�101 .1 1� 4 WW '� W W W z O X X Z W w EEEEEE 0 E AA E 4 0 ww 0 H a a a C CO CO o w 4444144 * * * * 4 * 4 00 00 CpNO 00 0101 00 00 d'V' 00 00 UI U) r♦ri U)111 00 00 OCOMIC CO CO E. rir• i 00 MU1 O1 0o 0101 00 00 NN 00 00 O O NN rlri 00 00 l.W.%00tDt0 Cr. 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L}L}L}L}L?L}Ln L}H H L!L?L}Lr N H H N N Ln In m mm m L)L} Cl).Lf . L2•LI- L? L1•Cl)- . . L2•L} L}L? H H d1 er Ln Ln er d' Cl X in. CO- H H L}L} i?Cl) m U L}LA LD W L} x C4 U W E Cl) W N N N N N N N N N N N N N N N N N N N N N N N N H E 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 14 \ \\ \ \ \\\\\\\\\\\\S S \ \ \ S \ W o w ww d1 w wTrTrawaalwawwerww m a1 w a a1 a o 00 0 0 00000000000000 0 0 0 0 0 X 0 CO CO CO CO CO 00 m 00 OD 00 m O ao a)m ao a0 00 O aD 0 m co co U Cr) m mm ON m mmmmmmmmmmmmmm m m m m m W x on mm m m mmmmmmmmmmmmmm m m m m m Z 0 H H H H H H H H H H H H H H H H H H H H H H H H U 0 .] Z M w Ln 10 CO 01 0 H N Cl H m m m m on m 0 0 0 0 O X 0A 0 A OA OA 0 A OA HA HA H A H A ZU a0* co * O* co* co 1gaD* ao* O* m* aD* O 04 L11 V In V In V Ln V In V Ln V LA V Lf1 V LA V LA V r1 a) m a cn 111 P1 r1 CO 01 01 H IX 4 N 0 l0 N In O m O d' t0 U1 co ri Ln M 01 0 0 N Ln co r1 N O N O 10 N ri O N N CO O CO CO l0 .-1 d' .-1 CO 01 Ln Ln C' U1 r-I N CO t0 0 M M 10 Ill N L11 t0 r1 CO M 1.0 01 10 01 01 N N l0 N d' ri M a M d' L? Ln 10 N N N v1- at H 01 rn L} L1• yr N N r1 r1 r-1 r1 ri ri r-1 M N 4/1• Lf 0 Lt N Lf r1 +/1- 01 L? U] E 0 W EE' H W 0 E-4 E4 a H H W a 14 41 Z Z H W HI A q q U > > 2W . = a W H w Z S 01 ° H . aa0 o >' (' HHa M R' 4 4 H >+ a Cr. H i4 CO H 14 al x H CO A A H q W z 3 m W a o CO H a to a rn 0 cn a m W Z 0 Cu w z ai W a A 01 a 01 H 'cC H C7 H W C) H W H W W E CO 01 a s H W U xH d, to H N. 01 O rI a1 o O O O o O o CJ O r! r1 N M M V d' d' U1 ri M d' 10 CO d' O H H d' 'Cr d' d' sN d• d' N r r r r co g 200000000 / 0 E 1 000 C.) W a, W 04 W W W W W W W W W Cu CITY OF SHAKOPEE 12 , f' Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Education Presentation DATE: March 30, 1998 INTRODUCTION: As a special item of business at its meeting of April 7th,the City Council will hear a presentation on an"Asset Building" survey. BACKGROUND: . One of the Community Education Advisory Council's goals for 1998 was to survey 6th grade to 12th grade youth in the Shakopee Public Schools regarding assets and attributes that the youth possess. A survey will be performed the week of April 13th, with the results back later this summer. Todd Anderson, Wendy Edberg, and Bob Greeley of Community Education will make a 15-20 minute presentation at the April 7th meeting. ACTION REQUIRED: This is informational only; no action is required of the Council. (\ka-1/4414 Mark McNeill City Administrator • MM:tw SliAKopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Director of Community Education Anne Tuttle,Vice Chair Robert W. Greeley PUBLIC SCHOOLS Jessica Geis, Clerk Todd Anderson, Treasurer Community Education Lori Gillick, Director Mary Romansky, Director Steve Schneider, Director March 31, 1998 Mark: Re: City Council Meeting 04/07/98 On Tuesday, April 7, 1998, Wendy Edberg &Todd Anderson (members of the Community Education Advisory Council) and myself will present information on developmental youth asset building at the Shakopee City Council meeting. All handouts for council members are attached. The Shakopee School District#720 Community Education Advisory Council, at its August 1997 planning retreat, set one goal for 1997-98. That goal was developmental youth asset building. The advisory council's approach to this goal is three phased: (1) educate the community on asset building; (2) assess/evaluate our youth in grades 6-12 the week of April 13, 1998; and (3) start to put in place a community-wide action plan once the survey results are received in the summer of 1998. It is anticipated that we will return with the results to the city council,provide information for articles in the Shakopee Valley News, and have a community-wide meeting on the survey results. We have provided this information to date with the Shakopee Public Schools Board of Education, and Shakopee Area Catholic Schools Board of Education. We also plan to present information on asset building to other groups and organizations across the community on an on-going basis. Questions? Give me a call at 496-5025. Sincerely, 'gh Bob Greeley, Director Community Education 505 South Holmes - Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (612)496-5025 • fax: (612)445-8446 AN EQUAL OPPORTUNITY EMPLOYER 1 lIE ASSET APPROA(if EVERYONE'S AN ASSET BUILDER rhe exciting thing about assets is that everyone—parents. grandparents,teachers.coaches,friends.youth workers. A employers,youth.and others—can build them.The whole community can play a role in raising confident caring young people who will be the leaders of 444111 tomorrow!Here are some ideas for what you can do: • Get to know the names of teenagers in your neighborhood. 6'c�kr �; e\ 0 • Hug a child or teenage\ IlliP"- r. 1 • Greet young people with a smile when you pass them on the :i'-‘ street. 0 • Volunteer to be a big brother or sister to a young person ��;- through a mentoring program in your community. t , r� • Donate children's and d4 teen's books to a loyal 1 shelter that serves Six Principles of Asset Building l families and children. P ► I. All young people need assets—While it is �} ( J i • Invite your child or the child of a friend to spend crucial to pay special attention to those youth who have the least(economically or 4 Itafro‘'r- •tor an afternoon with you. emotionally),nearly all children and Offer to give a parent you adolescents need more assets than they know a break by spending have. an hour or two with her or his child. 2. Everyone can build assets—Asset • If you are a young person: Find one special adult. development requires consistent messages other that your parent(s).to spend time with across a community.All adults.youth,and regularly. children play a role. • If you are an employer:Hire a teenager to work in 3. It's an ongoing process—Asset your office two afternoons a week.Offer plenty of development starts when a child is born training,support.and encouragement. and continues through high school and • Call a young person you know.just to say`hi: beyond. • Be a youth advocate.Know the issues that affect 4. Relationships are key—A central key to young people and speak out on their behalf. asset development is strong relationships • Remember what it was like to be young. between adults and young people,young • If you are a parent:Ask your child to help you with a people and their peers,and teenagers and project.Explain what you are doing,why,and how. children. • Go to a performance or sporting event of a child or 5. Consistent messages—Asset building teenager you know requires consistent.positive messages • Get involved with a youth program in a about what is important. congregation or community center. 6. Redundancy—Kids need to hear the same • Hire young people—rather than professionals—to positive messages and feel support over mow your lawn.shovel snow.or rake leaves. and over again,from many different Go for a walk with a kid. people. • Befriend a young person who seems lonely or Adapted from Peter L.Benson.t►nilmgCommumaes forlinih bored. (Minneapolis.MN:Search Institute.l995) AppRolictir TIIEASSE[APPROCII . GIVING KIDS WHAT THEY NEED TO SUCCEED Why do some kids deal with life and people need to help _______72-- growing up with ease,while others them make wise \ j J struggle?Why do some kids avoid dangerous decisions and choose N �/ .—/ activities,while others get involved in all kinds of risky positive lifestyles.The \ � behavior?What happens to help one young person beat ---; ....., ,--- more of these assets the odds.while another seems trapped? they experience,the ` Many factors influence why some young people have better. ` �''�- , many successes in life,and why others have a harder Sixteen of the assets 1 ,E J time.However,research by Search institute has identified are external.They are the ��`' i : . specific,practical things that can have a tremendous and supports.boundaries. lasting positive impact on youth.Rather than focusing on and structure that surround youth.The other 14 assets problems.this research concentrates on'developmental are internal commitments.attitudes,values.and skills assets'—the positive things(like parent support and that support youth from within.Together they form a commitment to education)that help young people foundation for healthy development. thrive.The assets are 30 building blocks that young se this checklist to evaluate which assetsU 15. Youth spends one hour or more each week m dubs young people have. ark each statement that or organizations outside of school. you feel is true aboutt your your child or a young person 16. Youth spends one hour or more each week you know. attending church or synagogue programs or services. 1. Youth receives high levels of love and support from 17 Youth is motivated to do well in school. family members. - 18. Youth aspires to pursue post-high school education 2. Youth sees parents)as an accessible resource for (trade school,college). advice and support. 19. Youth's school performance is above average. 3. Youth has frequent.in-depth conversations with 20. Youth.does:six hours or more of homework each parents). week. 4. Youth has access to non-parent adults for advice 21. Youth places a high personal value on helping other -- and support. peoples 5. Youth has frequent,in-depth conversations with 22. Youth is interested in helping reduce world hunger. non-parent adults. 23. Youth cares about other peoples feelings. 6. Youth feels parents)help her or him succeed in:. 24 Youth values postponing sexual intercourse. school. 25. Youth has the ability to stand up for what he or she 7 School provides a caring encouraging environment. believes in. 8. Parents)set standards for appropriate.conduct. 26 Youth is good at making decisions. 9. Parents)discipline youth when he or she violates a 27 Youth is good at making friends. rule. ...-'-- 28. Youth is good at planning ahead. 10. Parent(s)monitor where youth is going and with. 29. Youth has a high self-esteem. whom he or she will be. 30. Youth is optimistic about her or his personal future. 11. Youth goes out for"fun and recreation"three or fewer nights each week. Scoring:Give the young person one point for each"true"Total 12. Youth's best friends model responsible behavior. up the number of points.The average sixth to 12th grader in 13. Youth spends three hours or more each week in the United States reports about to assets.Now ask that young music training or practice. person how he or she would answer. 14. Youth spends one hour or more each week in school sports.clubs.or organizations. Search Practical RS[O2/! Ma/orsupport for Search Institutes work on asset building is underwritten by Lutheran Brotherhood cnad,mwhich provides financial services.community service opportunities and phdantliropic outreach in vd ti I communities nationwide. I N S T I T U T tl ... Cn • • • • • • • • "1 AD 0 o� S .. .. C 0 aV C O c 9 ".3 A 14 CD < "3 Q:. A Q. = s CD 0 c< D"0 CDeaVI C 0 ea cr- W x 0 n CD x a • • • • • • • • • Cn 9 0 '+ Z CD 0 0QQ.. CD C .0..w vOi � - s Q. y. CCDD0. O O OQQ.- am .O+ co Q...�� Q �' y I A, CD < r n, vi A'+ Q g Q. arc ►-• C ,__ o MI o' � 5 tet_ o co CD �oCP D o y ?3 ^ 'v o " o rQ 3 H r. 0 E C) ? O Z 4 a `o (D , +'(1) fQn co en 2 .A. ' CD `C Aa C e�i� Lf �y b n 0 CO I O 0 R. c: ly1 • i 0 Cn '' -4 't (n CD CD H O r0 o i i i coC) 1O p C A> >! C `.3 = ril 0too.0 C— — ar]c 0 mac �a ccoocrra o'E. 0 .o o M = Q CD .Oj G H �: q p �' r . 0.. "I O "I "*'+ -,. eQ+ H H Q i..0) CCD CD O WI E C 0 AP sv a a S c° o `oma- 0 CD o s 'n _ r 0 C to O Cz Po DD A .71 _ 4 ... 'C � ... 0.. 8. e, Z A5 = CD n' CD 0' C o• O0 o = H ) 0 O y y y H = m O H N 0 O' a N N. 0 VD o gm ��. x C 0, C ea v I '•• M Z_ ;, 2 N O • • • • • • • • • • • • `" 0.x-.3 n n O i•C E> n 'Tl 0 n n 4 'TJ C CD.t 0 0 'tS 0 0 0. C A� pp 0 CO CD <= < Ti CCD 0 0 0 = ..i . c O co R.]' . cu �� c E. 0 Q- 0 g o �. CDoN , o o CCD es 6 fie CD CD 0 '. r0•. CAD Z O CAD .7 co) Figure 4 Developmental Assets in American Youth Here are the percentages of American sixth-through 12th-grade youth who report having each asset,based on Search Institute surveys of 250,000 youth in 450 communities. 1.I receive lots of love and support from my family 57% 2. I see my parent(s)as accessible resources for advice and support 46% 3. I have frequent,in-depth conversations with my parent(s) 48% 4. I have access to adults other than my parents for advice and support 49% ri 5. I have frequent,in-depth conversations with adults other than my parents 41% 6. My parent(s)are involved in helping me succeed in school 27% if #r> 7. My school provides a caring, encouraging environment 30% .< 8. My parent(s)have set standards for appropriate conduct 76% 9.My parent(s)discipline me when I violate a rule 58% 10. My parent(s) keep track of where I am going and with whom I will be 76% 11. I go out for"fun and recreation"three or fewer nights each week 68% 12. My best friends model responsible behavior 31% 13. I spend at least three hours each week in music or other arts training or practice 27% 14. I spend at least an hour each week in school sports, clubs,or organizations 61% 15. I spend at least an hour each week in organizations or clubs outside of school 41% 16. I spend at least an hour each week attending religious programs or activities 57% 17. I am motivated to do well in school 70% 18. I aspire to continue schooling after high school (e.g. trade school, college) 89% 19. My school performance is above average 47% 20. I do at least six hours of homework each week 23% 21. I place a high personal value on helping other people 52% 22. I am interested in helping reduce world hunger 47% 23. I care about other people's feelings 86% 24. I think it's important not to be sexually active 36% 25. I can stand up for what I believe in 83% 26. I am good at making decisions 68% 27. I am good at making friends 75% 28. I am good at planning ahead 59% 29. I have high self-esteem 47% 30. I am optimistic about my personal future 69% 4.:kY , r.. .rn..Yxr.�:N.vN.�s•:..Y..# :. ..Y.:.. •'/,:U^: ri:\:v��T:til'y /Nr:.. i:�4i ::h�YYn x::vKi:...u.. ......:.........A:A•Yin rrxtiti{::•�'':$i�i n:J;.,t ,,,..v...ii. Permission to photocopy this chart granted for individual and educational use only. From Building Assets Together by Jolene L.Roehlkepartain.Copyright m 1995 by Search Institute, 1-800-888-7828. Building Assets Together 17 1.2 . 13 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Affordable Housing MEETING DATE: April 7, 1998 INTRODUCTION: Recently, the Council has asked for additional information regarding the current state of affordable housing in Shakopee. Working with Bill Jaffa and Sandra Green of the Scott County HRA, staff has assembled information for the Council's review. Mr. Jaffa and Ms. Green are expected to be at the meeting to answer any questions the Council may have of them. DISCUSSION: Exhibit A shows the initial goals negotiated between the City of Shakopee and Metropolitan Council. As can be seen the City met those initial goals. In terms of ownership, this was largely due to the City's stock of older housing. In terms of rental housing, this was also largely due to a number of existing affordable housing projects(See Exhibit E). Exhibit B is the five-year Action Plan for Shakopee dated July 1996 In addition to the initial goals that were negotiated with the Metropolitan Council, in 1997 additional LCA goals were established based on revised regional growth forecasts(See Exhibit C). Exhibit C shows a goal of 242 additional affordable rental units between 1990 and 2010. A goal of 1,253 additional ownership affordable units between 1995 and 2010 is shown. In recent years the only new affordable rental housing constructed has been in Arlington Ridge(48 units). There are current proposals for about 126 units on the Evergreen Heights and Boulder Ridge sites. As can be seen there is a need for additional units to meet the revised goals established in 1997. Perhaps more importantly, additional affordable housing will be needed to accommodate additional job growth in Shakopee. Current Metropolitan Council projections estimate an increase of about 2,650 in Shakopee between the year 2000 and 2010 (See Exhibit F). This estimate may prove to be very conservative in light of recent activity. ADC Telecommunications and Seagate alone would represent about 1,700 new jobs alone. If only 10% of the projected new jobs met affordable housing guidelines for income that would represent about 265 new workers/families that might have a need for affordable housing in the community. Housing location is a more sensitive issue for workers in those income brackets. Thus, the need to provide affordable housing is a function of increased economic activity, and not just the Livable Communities Act goals. ACTION REQUESTED: No action is requested of the Council. - R. Michael Leek Community Development Director EXHIBIT A Initial Shakopee Livable Communities Goals Negotiated with the Metropolitan Council INIT)AL- 6EGjC)11AgM9 4L7AJ—.� Shakopee I CITY INDEX BENCHMARK GOAL Affordability. Ownership 90% 64-69°h 64% Rental 53% 32-35% 32% Life Cycle; Type(Non-single family 34% 35-38% 35% detached) Owtxr/rt neer Mix 68/32% (70-75)/ 70/30%- .. (25-301% Density' Single-Family Detached 2.1/acre 1.9-2.3/acre I 1.9/acre Multifamily 13/acre 10-11/acre 10/acre Shoreview 'C1TY:':IlVDEX. I.::. BENCHMARK GOAL- Affordability OAL.Affordability Ownership 60% 68-69% I 62% Rental I 42% 35-48°/. I 42% Life.Cycie Type(Non-single family 36% 35-36% 36% . dam) ON���Mix 85/15% (64/75)/ 81/19% . 25-36)% Density: Single-Family Detached 2.1/acre 1.8-1.9/ace 2.1/acre Multifamily 8/acre 10-112/acre 1 9/ace Shorewood .,; -CIT :INDEX; - ..: BENCHMARK> GOAL!' Affordability Ownership 26% 60-69° No 33% 35-37% Numerical Iife.Cycle�::. Type(Non-single family 14% 35-37% Goals . detached) Ownerheater Mix I _ 90/10°/. --- (67-75)/ —— — (25-33)% • Density Single-Family Detached I 1.1/acre 1.8-1.9/acre Multifamily 6/ae a 10-14/acre •Goal are applicable for 1996 and 1997. South SL Paul . CITY INDEX I BENCHMARK GOAL Affordability Ownership 97% 70-77% Remain within benchmark range Ronal 72% 40-45% Remain vnthin benchmark ranee life Cycle Type(Non-single family 32°% 38-41% I 35% detached) Owner/renter Mix 70/30% (64-72)/28-36% I Remain within benchmark ranee Density Single-Family Detached 4.0/acre 2.1-2.9/acre Remain within benchmark range Multifamily 29/acre I 10-15/acre I Remain within benchmark ranee EXHIBIT B City of Shakopee Five Year Action Plan For the Metropolitan Livable Communities Act _MIiNARY &TENTATivL JSSION PURPOSES ON OR DISTRIBUT'0 City Sho ee oakp Five Year Action Plan for the Metropolitan Liveable Communities Act July 1996 cfwu\SHAKCPEEACT INTRODUCTION The Metropolitan Liveable Communities Act requires that participating communities adopt housing agreements and establish an action plan for housing activities to be undertaken. In Scott County, there exists a county wide housing and redevelopment authority which addresses the public sector affordable housing concerns in communities throughout the county. The plan herein outlines the programs currently offered as well as the efforts anticipated to be undertaken by the Scott County Housing and Redevelopment Authority, non-profits and private developers, and the City of Shakopee. A five (5) year time frame was selected to coincide with the results of a county-wide rental housing market analysis and demand estimate prepared by Maxfield Research Group, Inc. in November 1995. In compiling the attached document, it is assumed that the private sector will ensure the development of adequate numbers of market rate and upper scale housing units. The programs noted herein focus exclusively on the development and/or preservation of affordable housing. Thus, each program plays a part in the provision of affordable and life cycle housing in the City of Shakopee. cfWI,ASHAKOPEEACT City of Shakopee Action Plan Narrative for the Years 1996 - 2000 The following narrative denotes those activities that will be undertaken by the Scott County Housing and Redevelopment Authority (SC-HRA), non-profits, private developers and the City of Shakopee in an effort to achieve the affordable housing goals. HOME OWNERSHIP Affordable Financing * It is anticipated that 40 units of housing will be purchased through first time homebuyer programs funded by mortgage revenue bonds from the SC-HRA's bonding allocation and refunded bonds. Tax forfeiture land resources will also assist first time homebuyers on new construction. * The SC-HRA will work with Scott County non-profit organizations such as Christmas in May to coordinate applications for affordable home ownership rehab programs. The rehab of approximately six homes per year will be funded with donations and volunteer efforts. Downpayment Assistance * The SC-HRA will work with those lenders who have participated in past first time homebuyer programs for downpayment assistance to 20 units of affordable housing. * The community action agency (CAP) will provide emergency rental assistance and the SC-HRA will provide mortgage foreclosure prevention assistance to 5-10 families annually. otwiAsHAKOPEEACT Homeowner Rehabilitation * The SC-HRA will apply for 10 home energy loans through MHFA. * MHFA low interest loans will be utilized to fund home owner rehabilitation of five units of affordable housing per year. RENTAL HOUSING New Construction * The SC-HRA intends to build 20-30 moderate rent general occupancy family townhomes in a scattered site development. Essential Function Bonds, Tax Increment and SC-HRA Special Benefits Tax Levy will be the primary source of funding. * The SC-HRA intends to build 40-50 moderate/market rate senior rental housing in conjunction with the downtown Shakopee river front development. * A health care group that includes Allina Health System, Health Dimensions and the St. Francis Medical Center will be building a 51 bed nursing home in Shakopee. * Arlington Ridge is proposing a 64 unit tax credit townhome project in Shakopee. Subtotal = 195 units Tenant Based Subsidy * The SC-HRA will prepare and submit applications for Section 8 Rental Assistance Certificates. cf:WIJ SHAKCPEEACT • CONCLUSION The Scott County Housing and Redevelopment Authority currently owns and administrates the following affordable housing programs in the City of Shakopee. * Sixty-four (64) Section 8 Rental Assistance Certificates serving 64 low/moderate income persons/families. * Four Rental Assistance Family Stabilization (RAFS) program vouchers. * Four (4) units of moderate rent housing. * Two (2) units of transitional housing. Subtotal = 74 units Privately Owned/Subsidized Housing * Levee Drive Apartments , 66 one bedroom senior units. * Village Apartments, 62 one bedroom senior units. * Clifton Townhomes, 56 general occupancy units. * Arlington Ridge, 48 general occupancy units, low income tax credit project. Subtotal = 232 units Total units: 306 Projected household total by the year 2000: 501 ct.W%J\SHAKOPEEACT EXHIBIT C Metropolitan Council Additional Unit Estimates Metropolitan Council Working for the Region, Planning for the Future February 7, 1997 SC-HRA Bill Jaffa FEB 1 0 1997 Executive Director Scott County HRA 16049 SE Franklin Trail Suite 104 Prior Lake, MN 55372 Dear Mr. Jaffa: Last year when the Council adopted the affordable and life-cycle housing goals that had been negotiated with local governments,Council members asked staff to do some calculations using forecasted growth to give the percent goals some order of magnitude in terms of unit numbers. Last spring as a part of our action plan preparation workshops we shared with you and your communities at the sessions these same numbers representing the percent goals translated into units based on anticipated growth. At that time, I admonished folks to remember two caveats regarding these numbers. First,that the numbers were estimates based on two unlikely scenarios-exact achievement of the percent LCA goals and exact household growth to the Council's forecasted number. I also advised you that the Council was already in the process of revising the household forecasts as a part of revision of the Blueprint. With the adoption in December of the regional growth strategy and its revised growth forecasts,we have now also revised the LCA unit estimates to reflect the revised growth numbers. In order to help you help your cities work toward their LCA goals, I am enclosing a copy of the revised unit estimates based on the negotiated LCA goals and revised growth forecasts for 2010, and a copy of the estimates we gave you last year. Again, I issue the caveat that these estimates are not the cities' goals. The cities negotiated percent goals, not unit goals. These numbers are just estimates to help all of us better assess and quantify the percent goals. If you have any questions please call me at 291-6418. Sincerely, `, G/ y D. Peterson Senior Planner 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TIN 291-0904 Metro Info Line 229-3780 :1n Equal Opponunlry F_rnplorier ` i SC�-HFIA � SCOTT COUNTY N ' FEB 1 0 1997 ADDITIONAL UNIT ESTIMATES BASED ON NEGOTIATED LCA GOALS AND REVISED BLUEPRINT GROWTH FORECASTS FOR 201C.1 4ddaa ,:.g-,-,oiaoggm kmuminnkagm ;;;:::.;;;:. ;;:.::.A :. . .»>::;::<:>:«:>:;.><:»<:::>:<:::>;:<>:::<::<:;.:.. « ...... <> .,,,,. .. < .: :.::: ::::.. ..:. .. .......... : 1e>IJtht> .. Belle Plaine 1,092 508 152 49 205 Jordan 1,042 608 195 156 405 Prior Lake 3,901 3,099 775 198 391 Savage 3,255 6,245 1,499 764 1,505 Shakopee 4,163 4,937 1,531 4111:10 1,25 ') County Totals 13,453 15,397 4,152 1,409 3,759 r u:Uwger petasonngrowth\scotidoc � d - N � F--).LA CD ›* 00 Ned cl, t...�.. ask *E �+ . O : CD pa Ca, ►--� CxD W �`O f..t (1) 0 � � 0 63 � ° O (TC? O� tv CD /b 0 ON aN '73 A� r C CD t. O � 11 n n wd w � (..',tf,' ‘ C) ril o° CD O\ 0 e--r CZ f"s / > ) 4'. Pa 00 CD CD CD LD N• C4 �, } ►-r se; \ ~, C/) 6 AD = 2 `O (D --,1 ci) EXHIBIT D Affordable Housing Changes: 1996—1997 SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 16049 Franklin Trail S.E.#104 Prior Lake,Minnesota 55372 (612)447-8875 Fax(612)447-8865 AIM il(i)"e Iiii William I.Jaffa Executive Director Date: February 23, 1998 To: Tim Benetti From: ill Jaffa, Executive Director Re: Affordable Housing Data for the City of Shakopee Affordable housing data changes '96 '97 Total number of units* 675 715 No. of subsidized units 240 207 % of units which are subsidized 35.56 28.96 *Based on Maxfield Research Group, Inc. General Occupancy Rental Housing Market Analysis of general occupancy projects of eight or more units. I'ill l N E 1' v`f-R 12- 0 An Equal Opportunity/Alfbsnaoitro Action Employer EXHIBIT E Expiring Low-income Housing Contracts SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 16049 Franklin Trail S.E.#104 Prior Lake,Minnesota 55372 (I.. (612]447-8875 Fax(612)447-8865 Am A - 1 Iiii William I.Jaffa Executive Director Date: 4/1/98 R EECE- v EU APR 2 1998 To: Mike Leek From: Sandra Green RE: Expiring low-income housing contracts Per our meeting yesterday, the information on expiring contracts at Village Apartments, 200 Levee Drive, and Clifton Townhomes is enclosed. I also highlighted developments in neighboring communities because a contract expiration (also called an opt out) in any of these developments could increase demand on Shakopee's low-income housing stock. The source of this information is the Family Housing Fund. An Equal Opportunity/Affirmative Action Employer Suburban Section 8 contracts expiring 1995-1999 project Name Cal EXPiration Date Assisted Units Total Units FHA Mort$6ge 146 Garrett Ave. Apple Valley 11/30/95 31 31 Apple Valley Villa Apple Valley 11/30/96 31 208 X 9/30/98 41 X > Belle Plaine Apts Belle Plaine 7/31/97 20 24 X Carriage Hs Apts Brooklyn Park 6/30/96 60 176 X 8/31/99 fi3 X Chancellor Manor Bumsville 6/30/95 125 200 X Jonathan Acres Chaska 6/30/96 50 143 X 8/31/97 17 X Heather Creek Apts. Chisago City 7/30/98 20 20 Drake Apts Coon Rapids 6/21/98 48 48 Dublin Park Apartment Coon Rapids 6/29/97 89 89 Briarhill Eden Prairie 6/30/96 90 126 X Edina Yorktown Edina 9/30/96 179 264 X Kilkenny Court Forest Lake 1/31/97 92 92 Hopkins Village Apts Hopkins 8/31/97 64 161 X Archer Heights Maplewood 6/30/96 121 168 X Maplewood Gardens Maplewood 9/26/99 29 29 X Suburban Section 8 contracts expiring 1995-1999 Archer Heights Minnetonka 6/30/96 90 172 X Century North Apts Oakdale 9/30/99 168 177 X Village Apts. Shakopee 10/31/96 57 62 X Birchwood Stillwater 10/16/99 49 51 X Total Projects: 19 Total Assisted Units: 1534 Total Units: 2241 I .-2. a'• a) = 3 o. = C tv m cD - - -. r - � 0 0 m o 0 5 0 " °' < c cD cD rn — 0 �' 0 < a 3 3 m 0. N W 'r "0 0 F, - co cD fl: ca o cQ cn <_. 0) CD m o v0. o c. 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(D -.- N- CO 1— ..— CO CO 'CO 1— LO ;co-co-c\i 1(6 cv-a) •- ,--• ,-- e— • 1— 'e-- N N 0 67 • I t 2 ri G., o , 0 0 0 0 0 0 0 0 0 40 0 .— CV 0 .— C.,4 0 '— N • 41000 1000 1000 >* NC\IN N N N NNN es c c 0 . ., 0 es :— DE, 0. 2 2 .., . c cm E -aP w .13 c ct E .-,, 0 -0 , o . 0 ; RI C 2 8 0 /661 C 7 P-••• E w , o CI.e.-- i 0 ...) - - I.40 1.aBed INd 00 9Z Z1. awil L6/CZ/G ale0 Spallaei4OiLAJ 01 uosuKliv N uor WOJA l� CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Adopting Assessments for Maras Street Improvements Project No. 1996-4 DATE: April 7, 1998 INTRODUCTION: Attached is Resolution No. 4879, a resolution which adopts the assessments for Maras Street, from 13th Avenue to Stage Coach Road (formerly known as County Road (C.R.) 18), Project No. 1996-4. BACKGROUND: On March 2, 1998, City Council adopted Resolution No. 4855, declaring the cost to be assessed and ordering the preparation of proposed assessment for Maras Street Improvement, from 13th Avenue to Stage Coach Road (formerly known as C.R. 18), Project No. 1996-4. The cost declared to be assessed by Resolution No. 4855 was $484,253.03. The proposed assessment roll is attached for Council consideration for adoption. This roll was prepared based on the feasibility report and Council direction as discussed at the March 2, 1998 meeting and includes the following: 1. Application of the adopted corner lot adjustment policy for industrial properties. 2. Reduction of assessment frontage due to adjacent wetland along Hansen Avenue. 3. Assessments based on a front footage assessment method. 4. Assessment of condominium plat common area of Valley Rich 1st Addition to the property owner of record. Staff will make a brief presentation on the project and the proposed assessments at the hearing. ALTERNATIVES: 1. Adopt Resolution No. 4879, a resolution adopting assessments as attached or as modified by City Council. 2. Deny Resolution No. 4879 and direct staff to re-schedule a new public hearing. 3. Table for additional information. 4. Continue the public hearing, if additional public input is necessary. RECOMMENDATION: Staff recommends adopting resolution No. 4879, a resolution adopting assessments for the Maras Street Improvement Project No. 1996-4. ACTION REQUESTED: Offer Resolution 4879, A Resolution Adopting Assessments for Maras Street, from 13th Avenue to Stage Coach Road (formerly known as C.R. 18), Project No. 1996-4 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4879 RESOLUTION NO. 4879 A Resolution Adopting Assessments For Maras Street, From 13th Avenue To Stage Coach Road (Formerly Known As County Road 18) Project No. 1996-4 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Maras Street, from 13th Avenue to Stage Coach Road, formerly known as County Road 18 by paving, grading, curb & gutter, storm sewer,ponding and any appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 6.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1999 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk MARAS STREET(SETBACK CORNER LOT ADJUSTMENT) ESTIMATED ASSESSMENT ROLL REVISED 3/17/98 P.I.D. OWNER LEGAL DESCRIPTION FRONT TOTAL FOOT ASSESSMENT 27-057001-0 Arden H&Dale C Griepp Lot 1 Block 1 Ex.E.33' 362.00 $30,326.29 Rt.1 Box 1007 for Easement Shakopee,Mn. 55379 Maras Addition 27-057002-0 Griepp Bros.Contractiong Co. Lot 2 Block 1 Ex.E.33' 153.51 $12,860.19 Rt. 1 Box 1007 for Easement Shakopee,Mn. 55379 Maras Addition 27-057003-0 Arden H&Dale C Griepp Lot 3 Block 1 Ex.E.33' 437.21 $36,626.95 Rt.1 Box 1007 for Easement Shakopee,Mn. 55379 Maras Addition 27-057005-0 Paulette L Quiring Trust Lot 5 Block 1 Ex W.33' 292.88 $24,535.81 14086 Rutgers St.NE for Easement Prior Lake,Mn. 55372 Maras Addition 27-057006-0 Paulette L Quiring Trust Lot 6 Block 1 Ex W.33' 367.51 $30,787.89 14086 Rutgers St.NE for Easement Prior Lake,Mn. 55372 Maras Addition 27-057007-0 Nancy L Hanson Revoc Trust Lot 7 Block 1 Ex W.33' 337.55 $28,278.01 %Hanson Management Inc. for Easement Box 526 Maras Addition Bayfield,Wi. 54814 27-099001-0 Roy E&Lowanna R Cogswell Lot 1 Block 1 361.01 $30,243.35 11201 Upton Ave.S. Valley Rich 1st Addition Bloomington,Mn. 55431 27-099002-0 Marlowe Christian Anderson Lot 1 Block 2 Valley Rich 1st Addition 215.87 $18,084.35 1438 Maras Street lying N of a line corn SE cor,N 190.32' Shakopee,Mn. 55379 W 250.83'to pt.on W line 188.59'N of SW cor&there terminating 27-151001-0 Ronald H Thiebaud Unit 1 Condominium#1015 36.00 $3,015.87 1428 Maras Street Shakopee,Mn. 55379 27-151002-0 Marlowe Christian Anderson Unit 2 Condominium#1015 36.00 $3,015.87 1438 Maras Street Shakopee,Mn. 55379 27-151003-0 Marlowe Christian Anderson Unit 3 Condominium#1015 36.00 $3,015.87 1438 Maras Street Shakopee,Mn. 55379 27-151004-0 Burdette A Booth Unit 4 Condominium#1015 36.00 $3,015.87 1444 Maras Street Shakopee, Mn. 55379 27-151005-0 Marlowe Christian Anderson Common Element 46.32 $3,880.42 1438 Maras Street Condominium #1015 Shakopee,Mn. 55379 27-912022-0 Eugene T Hansen Sect 12 Twp 115 Rng 22 P/O W 1/2 794.00 $66,516.78 Clean Sweep SE 1/4&W 1/7 E 1/2 SE 1/4 Lying E 8600 Hansen Avenue of CL of Co Rd 89&lying S of N 2186.48' Shakopee,Mn. 55379 27-912022-2 Eugene T Hansen Sect 12 Twp 115 Rng 22 P/O W 1/2 794.00 $66,516.78 %Clean Sweep SE 1/4&W 1/7 E 1/2 SE 1/4 Lying S of Patch 8600 Hansen Avenue 1st Addition&Lying N of S 448.91'&Lying E Shakopee,Mn. 55379 of CL of Co Rd 89 MARAS STREET(SETBACK CORNER LOT ADJUSTMENT) ESTIMATED ASSESSMENT ROLL REVISED 3/17/98 P.I.D. I OWNER I LEGAL DESCRIPTION I FRONT FOOT ASSESSMENT 27-912024-0 Eugene T&Janet L Hansen I Sect 12 Twp 115 Rng 22 E 3/4 of W 4/7 575.46 $48,208.75 9640 Squire Lane of E 1/2 SE 1/4 Ex N 1422.06',Ex S Eden Prairie,Mn. 55437 767.28'of N 2189.34'of W 283.67'&Ex N 191.82' of S 1216.19'lying E of W 283.67' 27-912024-1 Roy E&Lowanna R Cogswell Sect 12 Twp 115 Rng 22 N 191.85'of 11202 UptonAve.S 191.85 $16,072.10 p W half of E 6/7 of E 1/2 of SE 1/4 Beg Bloomington,Mn. 55431 W line of RLS 24,E 767.25',W 283.87', NW 767.25',E 283.82'to pt of beg. 27-912025-0 Glenn&Margaret Zacharias Sect 12 Twp 115 Rng 22 S 191.81'of 383.64 $32,139.16 2300 Horizon Circle N 383.63'and S 191.81'of N 575.44'of Bumsville,Mn. 55337 W 1/2 E 6/7 E 1/2 SE 1/4 S of Maras Addn Tracts B&C Ex E 33'Easement 27-912026-0 Earl H Zacharias Sect 12 Twp 115 Rng 22 Doc 147045 PO Box 15 323.64 $27,112.71 N 191.82'&s191.82'of P/O W 1/2 E 6/7 Savage,Mn. 55378 E 1/2 SE 1/4 S of Maras Addn Tracts A &D E 6/7 of E 1/2 of SE 1/4 Ex N'erly 575.44 Ex E 33'Easement TOTALS= 5780.45 $484,253.03 COST PER FRONT FOOT= 83.77 • SIM ..a.R j1 - 1 II i tj i i 1I L I I1 E i j ••_____-_ i _------_ i li . , I 1 , . .. ... . ..... . .. _...... .. _.............. . .... .. . r._._._. _ I ; i 1 ! I . , - ri• i 1 1 i .....______., .I I. 1 ?= L I`..\ . i ,i 1 1 I rar/197-81 1 ` ir .; i I ! `• ` TRAC• T R^_ t1 [:i ' i"...'" .<.•,....... t \ SA vth• \2 1 11 1 j 1 Q 1 Ili `.. . s '•,, ._._._..__-__. • i1 27-912021— Q 1 .! : W. -'°°°I-..:,..5:.. _'�Vi ' " 11 .. 1 10' C. I I � � ; —4 1f1i I� s I';I1 1 1 i A �9J-5 t �j z7-9tzozz—z 7 ----19 7-31• .� ,. \� �k i /� Eugens Hansen \ '� El - 11 CMG 27-912026-0 \ 27-91202 —0 _ ' // -—___ _ __ Earl Zacharias \ Eugene Hansen /•„A - \ 27-043016-1 f � `�/ -- i:'is.' :" 1 Q (97-2 \ _ Eugene Hansen 1 iv I.3: ..,:t. 60' "rj i i L—R----- -------.---____.------1/, _ 1 i 1 j ! J \........L , i 1 • 4 ! ...A i / / '( ' _- - . __ . a • ;1 1" = 200 / CITY OF SHAKOPEE 1111144111 MARAS STREET IMPROVEMENTS fP[YAF':' +CIE? EXHIBIT A 1..._....1.r"....• . / 3 April 1, 1998 Mayor of Shakopee Shakopee City Council City Hall 129 South Holmes Street Shakopee,Minnesota 55379 re: City Project No. 196-4, Maras Street from 13th Avenue to Stage Coach Road, formerly known as County Road 18,by paving, grading, curb and gutter, storm sewer,ponding and any appurtenant work Ladies and Gentlemen: I am an owner of property indicated by the following tax identification numbers: 27-912024-0; 27-912022-0; and 27-912022-2. These parcels are subject to a proposed special assessment for the referenced project which is being considered by the Council on April 7, 1998. PLEASE TAKE NOTICE that I object to any assessment for the referenced project being placed on my property, and especially the proposed special assessments for the property, for the following reasons: 1. The special benefit received by the property is less than the amount of the proposed special assessments. 2. The property described by tax identification numbers 27-912022-0; and 27-912022-2 receive no benefit at all from the project. 3. The general assessment policy was inappropriately applied to the property. If there are any questions about the contents of this letter, please contact my attorney, S. John Roach, at 612 445-3044. Eugene T. Hansen DECO/ED APP 0 3 1998 CITY OF SHAKOPEE 1 </ . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Final Plat for Tenth Avenue Addition DATE: April 7, 1998 Discussion: Mr. John J. DuBois & Jane C. DuBois are requesting Final Plat approval for Tenth Avenue Addition (Exhibit A). The subject site is located Between 10th Avenue & Shakopee Street, and East of Naumkeag Street (Exhibit B). A copy of the March 5, 1998, Planning Commission staff memo has been attached for your reference (please note the Final Plat drawing presented with this memo for PC review, also labeled Exhibit B). At this meeting, the Planning Commission recommended that the developers dedicate 27 feet along the entire west edge of this proposed plat, for possible future development of Naumkeag Street. City Staff recommended a lesser dedication and tapered layout, as shown with the attached Planning Commission staff memo. Staff is bringing this issue to your attention due to the developer and/or their attorney may wish to discuss this item with City Council. Alternatives: 1. Approve the Final Plat of Tenth Avenue Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Tenth Avenue Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Tenth Avenue Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the Final Plat of Tenth Avenue Addition, subject to conditions(Alternative No. 1). Action Requested: Offer Resolution No. 4884, a Resolution Approving the Final Plat of Tenth Avenue Addition, and move its approval. Tim Benetti Planner I i:\commdev\cc\1997\cc0506\fpstmdwl.doc RESOLUTION NO. 4884 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR TENTH AVENUE ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Tenth Avenue Addition on March 5, 1998, and has recommended its approval; WHEREAS, the property upon which the request is being made is legally described as follows: The North 643.00 feet (as measured at right angles) of the West 300.00 feet (as measured at right angles) of the North one-half(1/2) of the Northeast Quarter (1/4) of Section 7, Township 115, Range 22, Scott County, Minnesota. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Tenth Avenue Addition is hereby approved subject to the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1) Approval of title by the City Attorney. 2) Water systems and availability, street lighting (if or where necessary), and electrical systems will need to be reviewed and approved by the Shakopee Public Utilities Commission. 3) Park Dedication fees shall apply to this development. The existing single family unit will be assessed$900.00. 4) A letter from licensed plumber confirming that the sanitary service lines serving the church building and the former parsonage are separated. B. The following conditions shall apply after the recording of the Final Plat: 1) Prior to any proposed changes in use of the undeveloped area of Lot 2 within this plat, and prior to the issuance of any building permits, the developer must prepare and submit a storm water management plan. 2) The developer shall be responsible for Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule should the undeveloped area of Lot 2 ever be split-off and/or developed as a separate use. 3) Approval of Final Construction Plans and Specifications by the City Engineer and Building Official. 4) Should the owners sell part of or split Lot 2, a plan must be prepared which calls for the removal of any part of the parking lot for the existing church. A subsequent plan or agreement must also be submitted which illustrates the replacement of any lost parking, or which allows for the continued use of said parking lot for the church. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Illi' `— �- • IIIIII _ it s� .0w AG 0 '. B 'I I a si.,....- , .„,,,,,. ,• mill pg., .-411/42$1V,ASii ctvir-s-le 4 .i a*Atka Vtighly*tripprAV 1 . somas z limprinwithis.low, : l • ..,,,, A., ..„.......„,,...,,,4, muss ingia ram ion: . 444!4 R 1 B Fre- /4 R3 0A,740r, o t ,## o - *40#• s a1.47/14,4)�p 1,41, gillic 0. thy . Af Ji wisilit, ::11 I co c>, . rt IS 5111 ,Ili ► . . V,# %ill-.. - . asmarr 4 113 ',..1 MINI it\ m1 o°.a .. W= �.IIII '3 Q►� _,,,,,,_ WIC IFIIICS Mb ��*Ilikr1 o000om r �V ,O� ,. ga 'XI' ... - igi b e of aim ow Imam =III WI W. um ammilli II° 3 2 '2III /IS • '< ., ,: 4''''A3'' � M... M a III NM OM WE LIMA 4r EMU • spa �� rinti IV G w i� ���,!!�� s�� �.� Ellitigivi Lins mg sie ,0 . ig„A4v4Arp.,24, =Lk ...04 smarm MOT TVLAP'I 7E11111 mg n. ......., * e. 71404:61§1114,17406. ...... sgs,i 1% . 41 amumm s>r 0 us Ea i I F' I. H-77.; Agrcultu-e -It le" ifil mm--,,dita ...... ilai.-titi ,. i R3 �� * 0 Dia A Residential l � RR Rural Res. 0 �— '�'�*,�,�/Qa On ii0�,'� Ull R�_- Low Density Res denticl IN © cirrus e ` �, i� ©!!� 1� QO" - R 1. Low Residential ti 114t AEll riellimr IR:C i Old Sha copee Residential B: F AZ �� .Q OW, ( R2 1 Medium Density Res dential 3 ` � �� . ( R.3 i Multiple Family Residential ow t - �© ov ! ©a ` e�, ( �i l Highway Business ��� :i::;i:tir:°"�°•i�r:�� 1 82i Office Business y�,A�i� a'"°T B ., ,, Central Business 1 11 1 Light Industrial JCl] Heavy Industrial li ( MRI Major Recreation 1- G ( Overlay Zones AI //� shoreland c .Flocaolcin District II =mining Overlay fE` = ?UD OvRrlay &X.4i81-i 'A`' — ' l /+ T T T T T e, e",/7 • T T 1 1 Y ...-_ I I �_• _ I .�. V_- 1 I I ' # 1 �i N 1/4 Corner of North Line of N 1/2 of NE 1/4 T. 115, R.22 - M 1'{A.Kc.�PEE EAST l�vE! E- . 300.00 '''-s`- ';: M Scott County Monument � _ IS a point on manhole— per ties. , $ SHAKOPEE AVENUE E. 8 I M M I 27.000 183.00 0 90.00 • 33 r------------ r-------1 ill 15 i O 15 18 1 °I ° �I 1= z� i 10 t.00f o Lis — W N.ale 4.1 Howo 0) c . oo I C Tr o 1 0 zz 0 � I 2 2 Nerd - 8 o - e 0 to ...1‹,C � I to 3�-- a 1 Y I WI O Y V I C o .= I I C Ki aco 1. N to am.) N M ci2 O 0 crW a 2700 273.00 ,I 8 10 TH AVENUE E. o r I Exi//Sir 8 t. EAST 300.00 i..' 7 1 i AVENUE E. u" South Line of North 643.00 Feet of N 1/2 of NE 1/4 __ 4 y, CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Preliminary/Final Plat of Tenth Avenue Addition MEETING DATE: March 5, 1998 Site Information: Applicant John J.DuBois Owner: John J.DuBois&Jane C.DuBois Location: Between 10th Avenue& Shakopee Street;East of Naumkeag Street (See Exhibit A) Current Zoning: Multiple Family Residential(R-3) Adjacent Zoning: North: Multiple Family Residential(R-3) South: Urban Residential(R-1B) East: Multiple Family Residential(R-3) West: Old Shakopee Residential(R-1C) Comp.Plan: 1995: Institutional Area: 4.43 Acres MUSA: The site is within the MUSA boundary. Introduction: Mr. John DuBois is requesting Preliminary and Final Plat approval for Tenth Avenue Addition. The Planning Commission may recall that this item appeared previously at the October 23, 1997 meeting. The original preliminary plat consisted of three (3) separate lots, and was approved, subject to revisions by applicant. Since that time,the applicant has received an offer from a church congregation to purchase the existing church building and the vacant area between said church and pastoral residence. Therefore, the original preliminary and final plat has been revised from three to two (2) individual lots. The proposed plat is shown on the attached Exhibit B. The new church has stated that they do not have plans at this time to sell-off or develop the large vacant area to the north of their church. Considerations: 1. Lot 1 will encompass the former pastoral residence property, and will continue to be used as a single-family residential unit. This unit is a permitted use under Ordinance No. 496, Fourth Series, adopted by city council on August 5th, 1997. This ordinance allows for the existing unit to remain within this R-3 zone as long as it meets the R 1B,Urban Residential design standards. 2. Lot 2 will encompass the existing church structure and the large vacant tract of land between the church and parsonage. 3. City Engineering has made specific comments, and a copy of Assistant City Engineer Rutherford's memo is attached as Exhibit C. The recommendations contained in that memo have been incorporated in the proposed conditions of approval, which are as follows: a) The existing widths of Shakopee Avenue to the north is 66 feet; 100 feet for 10th Avenue to the south; and 33 feet for Naumkeag Street to the west. All adjacent streets meet the required design widths, except for Naumkeag Street. The standard for local streets is 60 feet, which will require an additional 27 feet. The applicant has been advised by the City Engineers to dedicate an additional right-of-way strip along the westerly edge of Lot 2. This dedication begins with a 27 foot width off 10th Avenue East, and tapers down to 0 after approximately 378 feet to the north. This dedication is also shown on the attached plat. b) Sanitary sewer service is available for both lots, however, some changes will need to be made. It appears that the existing home and church are served by main line from Shakopee Avenue. A manhole identified near the center of Lot 2 appears to be a cleanout for the church service line. In order to maintain service to Lot 2 and the church, an easement will need to be dedicated over the existing line. c) The developer did not submit a storm water management plan or ponding plan. In the event the owners (both present and future) submit a request to split Lot 2 or develop said lot, a storm water management plan must be prepared and submitted incorporating any storm water improvements needed to handle the increase in potential run-off associated with new developments. Trunk Storm Water Charges will also apply if this site is ever developed or increased 4. Park Dedication fees will be required as part of this plat. The Planning Commission at the October 23, 1997 meeting recommended park dedication fees for the single-family unit in the amount of$900.00. This fee will be due prior to recording of final plat. 2 5. City attorney has recommended that the dedication language be revised to add the term"street" on the final plat prior to recording. 6. The building setbacks identified on the Preliminary Plat are in error. The Developer will need to change these to the R-3,Multiple Family residential design standard setbacks. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/F"mal Plat approval of Tenth Avenue Addition, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Tenth Avenue Addition, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for The Tenth Avenue Addition. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, approval with the following conditions: A. Prior to review by the City Council the following information must be provided: 1) A dedication of an easement over the existing sewer line serving the church property. 2) The term "street" shall be added to the right of way dedication language on the signature page of the Final Plat. 3) Revising the setback requirements on the preliminary plat to match the R-3, Multiple-Family residential design standards. B. The following actions must be completed prior to the recording of the Final Plat: 1) Approval of title by the City Attorney. 2) Water systems and availability, street lighting (if or where necessary), and electrical systems will need to be reviewed and approved by the Shakopee Public Utilities Commission. 3) Park Dedication fees shall apply to this development. The existing single family unit will be assessed$900.00. 3 C. The following conditions shall apply after the recording of the Final Plat: 1) Prior to any proposed changes in use of the undeveloped area of Lot 2 within this plat, and prior to the issuance of any building permits, the developer must prepare and submit a storm water management plan. 2) The developer shall be responsible for Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule should the undeveloped area of Lot 2 ever be split-off and/or developed as a separate use. 3) Approval of Final Construction Plans and Specifications by the City Engineer and Building Official. 4) Should the owners sell part of or split Lot 2, a plan must be prepared which calls for the removal of any part of the parking lot for the existing church. A subsequent plan or agreement must also be submitted which illustrates the replacement of any lost parking, or which allows for the continued use of said parking lot for the church. Action Requested: A motion recommending approval of the Preliminary and Final Plat of Tenth Avenue Addition subject to conditions listed above. ce‘e2?(41-1- Tim Benetti Planner I i:\commdev\boaa-pc\1998\0305\ppfpl0th.doc 4 • • F°` m HI i :�1 y> •____y ___---7 d•� s s�f F5 Gi 'ir_F ` I :a4 �I 11;t u ([!OOC.Mq N!(j9 11 643.00 Ilya 114 M Sea?a i5' 643.00waunMKE�CN 0°00110°W • STREET a--- - .1Jfj uSe ,__ ex a =F (- i NAUMKEAG STREET I � Y _iO -i F I Ilean moo �� e e f I ' — , ‘— ;VG T ir— I 5 37,$ If` --iir•`13 n $ « > Ir- C ut rri oArI I= CI 11 BLOCK 8m ?RIB Ec W 8T. (pi.hit— � I : Z 1 II i8 •m ■ev m Si< 0' —ry11; i ( rg r3— ____ I m n `_ ��I fim I a I m GS "' 5 �T-� S W, m_ ^— I ------- —— — I8 i18z pI = IpgI g � I-0 es 11,_ Tom %J L — Jwm A ;A ,� r'— e1 ' 643.00 L N 0°00'10'Wli I 1 �'T (.., U..M%WO 30600 I... 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F # ti i f i I I Ir a F III e I r i i i� I Li i 1 r s +r 'ia F t ;I i i � I i i, f I � c� r I ! i.a if d . _^ .j rl , = f jl r r i a a I F ttl I a I 11 f Io rf F 3r rf I N fi ? a It; it 1i. i I li i a I I ' a+ I City of Shakopee Memorandum TO: Tim Benetti,Planner I FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Preliminary/Final Plat Application-Tenth Avenue Addition DATE: February 24, 1997 Streets. Naumkeag Street adjacent to the development is not paved and it does not have curb and gutter. If the City Council approves an improvement project in the future to upgrade Naumkeag Street, the benefiting properties (including the proposed development)will be required to pay the assessments for the improvements. The Plat shows dedication of the required right-of-way at the southwest corner of the plat, to match with the existing right- of-way to the south across Tenth Avenue. If this road is improved in the future, an equal amount would be required from the school property,west of the proposed plat. Sewer Sanitary sewer is available to serve the three lots proposed,but some changes are needed to the plat. It appears a service line is extended from the sanitary sewer line at Shakopee Avenue to serve the existing house. The church appears to also be served from Shakopee Avenue, and the manhole shown on the survey is most likely a cleanout for this service. Water Water availability will be reviewed by the Shakopee Public Utility Commission. Storm Drainage No ponding is shown on the drawing, and a storm water management plan has not been submitted for the development. At the time of any issuance for any new building for changes in the use of the development, a storm water management plan must be prepared, incorporating any storm water improvements needed to handle the increase in runoff that would be associated with a new development. 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Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge 1st Addition MEETING DATE: April 7, 1998 DISCUSSION: Valley Green Business Park,the Minneapolis Foundation and Shakopee Crossings are seeking preliminary plat approval of Southbridge 1st Addition. Copies of the Planning Commission reports from February 5th, 19th and March 5th are attached for the Council's information. After preparation of the report comment was received from the Scott County Highway Department. Also attached is a report by the Assistant City Engineer, Joel Rutherford, on the wetland replacement plan. Action should be taken first on the resolution accompanying that report, and then on the preliminary plat. ALTERNATIVES: 1. Approve the Preliminary Plat of Southbridge 1st Addition subject to conditions. 2. Approve the Preliminary Plat of Southbridge 1st Addition subject to revised conditions. 3. Do not approve the Preliminary Plat of Southbridge 1st Addition. 4. Table action on this item and request additional information. PLANNING COMIVIISSION RECOMMENDATION; The Planning Commission recommended approval with the conditions listed in attached Resolution No. 4873. ACTION REQUESTED: Offer and approve the resolution prepared by the Assistant Engineer regarding the wetland replacement plan; and then Offer and approve Resolution No. 4873 approving the preliminary plat of Southbridge 1st Addition with conditions. R.Michael Leek Page 1 04/03/98PPSOBRG2 RESOLUTION NO.4873 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF SOUTHBRIDGE 1st ADDITION WHEREAS,Valley Green Business Park Limited Partnership(a Minnesota Limited Partnership), The Minneapolis Foundation(a Minnesota non-profit organization), and Shakopee Crossings Limited Partnership(a Wisconsin Limited Partnership),the applicants, have applied for Preliminary Plat approval for property located south of STH 169 and west of CR 18; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto;and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Southbridge 1st Addition on February 5th and 19th and March 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; WHEREAS,the Council has made the following findings relative to future groundwater levels that may affect the proposed subdivision; a) The ordinary high water level (OHWL) for Dean Lake is 747.0. b) The 100-year flood elevation for Dean Lake is 749.0. c) Previous studies and modeling conducted by the Minnesota Department of Natural Resources(MnDNR) have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. d) STS Consultants LTD. and Peters,Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The RES4873 - 1 - purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. e) The lowest floor elevation proposed for any structure in the proposed project is 750.0 f) Based on the information available regarding the current and possible surface water elevations in the project area, as well as the project design, it doesn't appear that the cessation of pumping by CAMAS/Shiely would result in flooding of homes proposed to be constructed in the project area. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of Southbridge 1ST Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1)the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. f) As part of any application for final plat approval, the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21) for existing and future streets and highways. The developer(s) shall be responsible for paying the cost of noise mitigation measures required for those portions of the project or plat adjacent to proposed County Road 21. g) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. RES4873 -2- ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 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 RES4873 -3- • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: March 5, 1998 Introduction: At its February 19th meeting the Commission provided staff with direction regarding revisions to the draft conditions of approval. These revisions have been incorporated into the draft conditions of approval. The Commission then continued the public hearing on this request to March 5th. Since that meeting, city staff met with Al Frechette (Scott County Environmental Health), Patrick Lynch(MnDNR), Jon Albinson(Valley Green Business Park) and Steve Carlson (STS consultants) to discuss several concerns raised by Scott County and the MnDNR. These concerns included: • The requested variances, • The location of the Shoreland District and its impact on lot area requirements, • The future potential for flooding of houses posed by the possible cessation of pumping by CAMAS/Shiely Mr. Benetti's memorandum addresses the first concern listed above. The conclusion reached regarding the second concern was that the City would submit to DNR a formal request for flexibility in drawing the Shoreland District boundary for Dean Lake. This memorandum contains proposed findings relative to the third concern. The Commission should discuss whether it is in agreement with, or finds the proposed findings to be persuasive regarding the concern about future surface water/ground water elevations raised by Scott County. Such findings will need to be included in a future resolution of approval by the City Council. Finally, Assistant City Engineer Rutherford has prepared revised comments. These comments accompany this report, and the recommended conditions have been included in the draft conditions of approval. Proposed Findings: Staff proposes the following findings for the Commission's and Council's consideration in connection with the concern raised by Scott County about the impact of CAMAS/Shiely's cessation of pumping on groundwater levels in the proposed project. 1. The ordinary high water level (OHWL) for Dean Lake is 747.0. 2. The 100-year flood elevation for Dean Lake is 749.0. 3. Previous studies and modeling conducted by the Minnesota Department of Natural Resources (MnDNR) have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. 4. STS Consultants LTD. and Peters,Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. 5. The lowest floor elevation proposed for any structure in the proposed project is 750.0 6. Based on the information available regarding the current and possible surface water elevations in the project area, as well as the project design, it doesn't appear that the cessation of pumping by CAMAS/Shiely would result in flooding of homes proposed to be constructed in the project area. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1)the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Nrinnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. f) The following will occur before review of the preliminary plat by the City Council: i) Approval of the requested lot variances for Lots 14 and 15, Block 17, or revision of the plat to conform to applicable standards in the event that the variances are not approved. ii) Prior to review of the preliminary plat by the City Council, approvals required under the Wetland Conservation Act must be completed. g) As part of any application for final plat approval, the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) Revised drawings deleting landscape islands in standard cul de sacs (i.e.,those with a right-of-way radius of 60 feet); iii) The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21)for existing and future streets and highways. h) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Southbridge First Addition, 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 Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions, and to allow decision on the requested variances. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: A motion recommending approval of the final plat of Southbridge 1st Addition subject to conditions. R. Michael Leek Community Development Director i:\commdev\boaa-pc11998\marnppsobrg5 RECEIVED City of Shakopee 4 1998 Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford, Assistant City Engineer otiV SUBJECT: Southbridge (East Dean Lake)Preliminary Plat Application DATE: February 23, 1998 This memo is a revision of my memo dated February 13, 1998. I have made changes based on comments made at the last Planning Commission meeting. After review of the preliminary plat application submittals, the engineering department has the following comments and recommendation: Streets The street widths must be in accordance with the approval of the PUD. Landscaped medians and islands are being proposed in public right-of-way areas. Staff believes the islands located in a standard cul-de-sac (right-of-way radius of 60 feet) would be a future maintenance issue for the City. Staff believes because they are so small, they would not provide enough benefit to the neighborhoods to justify proper maintenance by the residents or association. Previous developments that have had similar islands were eventually removed (by petition from the residents) because of the lack of maintenance. The developer has agreed to require the association to pay the removal and restoration costs for any medians removed in the future. Streets must intersect each other at 90 degree angles. Falmouth Curve at Hartley Boulevard North must be revised, along with others that also do not meet the design criteria. Easements All easements for the Final Plat must be in conformance with the City Code. Drainage and utility easements must be provided around ponding areas, to the 100-year elevation. Access easements to these ponding areas must be dedicated to the City for future maintenance. Grading Plan The City's policy regarding low floor and lowest opening for structures has been revised to address the issue of the pumping at Shiely. Besides ground water and pond elevations, the policy also looks at the soils to estimate historical ground water elevations. This new policy shall be used to determine the lowest floor elevation allowed, and the lowest opening (window, door) allowed. Upon review of the development, and after discussions with the developer, staff believes complying with this requirement will not affect the plat, but may affect the style of home that can go on a particular lot. This information will be reviewed by staff when the Final Grading plan is submitted for review. Wetlands The developers have submitted a mitigation plan for proposed wetland impacts. This plan is currently out for review by other agencies. The comment period for these agencies expired on February 23, 1998 (no comments were received). A technical evaluation panel (TEP) will be meeting to review the proposed replacement (as required by the Wetland Conservation Act). Prior to review of the preliminary plat by the City Council, all approvals required by the Wetland Conservation Act must be obtained. At this time, staff believes the replacement plan will be approved. Miscellaneous Prior to review by the City Council, the developer must submit information which demonstrates that the development meets the current standards for sound mitigation, including provisions for the proposed County Road 21. This information may include design features which will be incorporated into the final construction drawings, along with an analysis from a sound engineer that shows these features will mitigate the sound to the levels required by state law. Or, this information may include the developer's interpretation of the law which indicates they are not responsible for sound mitigation for the existing or future roadways. If this option is used, the City Attorney will need to evaluate the developer's interpretation. Because this plat abuts both County and MnDOT right-of-way, the developer may be required to make changes based on comments from those agencies, and they may need to obtain permits from those agencies. Recommendation Recommend approval of the preliminary plat for the proposed plat, subject to the following conditions: A) Those conditions which were part of the PUD approval; B) Prior to review by the City Council of the Preliminary Plat, the approvals required by the Wetland Conservation Act must be completed. C) As part of the application for Final Plat, the applicant must submit the following: 1) Information regarding compliance with sound mitigation requirements for both existing and future (County Road 21) streets and highways; 2) Revised drawings showing intersections at 90 degrees; D) Prior to recording of the Final Plat, the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for payment of the Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer; and 3) The developer shall provide easements, as required by City Code, including access easements to the ponding areas.. SUPPLEMENTAL REPORT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: February 5, 1998 Site Information: Applicants: Shakopee Crossings, The Minneapolis Foundation, Valley Green Business Park Location: South of STH 169 and West of CSAH 18 Current Zoning: Adjacent Zoning: North: STH 169 right of way South: AG(Agricultural Preservation) RR(Rural Residential) East: I-1 (Light Industrial RR(Rural Residential West: Dean Lake I-1 (Light Industrial) Comp.Plan: 1995: Single Family Residential Area: Acres MUSA: The site is within the MUSA boundary. Introduction: Valley Green Business Park,the Minneapolis Foundation and Shakopee Crossings are requesting Preliminary Plat approval for Southbridge 14 Addition(formerly identified as"East Dean Lake", a development consisting of 859 dwelling units in the form of single family residential lots and townhomes. The underlying zoning on these properties is R-1A(Low-Density Residential)on the west and R-1B (urban residential)on the east. 1 SUPPLEMENTAL REPORT Considerations: 1) The subject site is 548.71 acres in size. The underlying zoning of the property is R-1A and R-1B, but a PUD overlay was approved by the City Council on September 30, 1997. Please see attached copy of Resolution No. 4751. 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 2.37 dwelling units per acre. This density falls below the maximum allowed under the PUD approval for the site. 3) The City Attorney has recommended that a condition of preliminary plat approval be that the developers enter into a separate agreement regarding the administrative costs and a separate agreement guaranteeing the special assessments, as well as the developer's agreement. 4) The Department of Natural Resources(DNR)has commented that Sheet 1.03 of the submission shows lot widths of 100 feet instead of the 125 feet required in the Shoreland District and that any variation from the 1000 foot shoreland district must be approved by the Commissioner of the DNR. A copy of the DNR's letter is attached for the Commission's information. 5) Mmnegasco has commented that the right-of-way for Hartley Boulevard North and the proposed sanitary sewer line cannot be allowed to encroach on its easement for a high pressure natural gas transmission line that crosses the proposed plat. A copy of Minnegasco's letter is attached for the Commission's information. 6) The Engineering Department is continuing its review of the detailed drawings submitted with this request. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The City Attorney has recommended that a condition of preliminary plat approval be that the developers enter into a separate agreement regarding the administrative costs and a separate agreement guaranteeing the special assessments, as well as the developer's agreement. b) The Department of Natural Resources(DNR)has commented that Sheet 1.03 of the submission shows lot widths of 100 feet instead of the 125 feet required in the Shoreland District and that any variation from the 1000 foot shoreland district must be approved by the Commissioner of the DNR. A copy of the DNR's letter is attached for the Commission's information. 2 SUPPLEMENTAL REPORT c) Minnegasco has commented that the right-of-way for Hartley Bulevard North and the proposed sanitary sewer line cannot be allowed to encroach on its easement for a high pressure natural gas transmission line that crosses the proposed plat. A copy of Minnegasco's letter is attached for the Commission's information. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The 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. ix) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. x) The developer shall provide easements, as required by City Code. 2. Revise the conditions recommended by staff; and recommend approval of the Preliminary Plat for Southbridge First Addition,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 Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. 3 SUPPLEMENTAL REPORT Staff Recommendation: Staff recommends Alternative No. 4, continuing the public hearing to a date certain to allow complete review of the engineering plans. Action Requested: Offer a motion to continue the public hearing to a date certain and move its approval. R. Michael Leek Community Development Director i:\commdev\boas-pc\1998\feb5\ppsobrg.doc 4 I RESOLUTION NO. 4751 A RESOLUTION OF [HE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#14,EAST DEAN LAKE WHEREAS,Valley Green Business Park,a Minnesota Limited Partnership; The Minneapolis Foundation, a Minnesota Non-Profit organization; Shakopee Crossings Limited Partnership, a Wisconsin Limited Partnership; and Nevac II LLC,a Wisconsin Limited Liability Corporation; owners of the properties described on Exhibit A, attached hereto, have made application for approval of a residential Planned Unit Development(PUD); and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of East Dean Lake on May 8,May 22,June 12, June 19, July 24, August 7 and August 21, 1997, and recommended its approval subject to conditions, and contingent on a negative declaration by the City Council on the need for an EIS; 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,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF [HE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Planned Unit Development Overlay District#14,East Dean Lake is hereby approved subject to the following conditions: 1) Transportation: a) Street right-of-way dedicated to the City for the collector street identified as "A" Street shall be 100 feet wide b) That 55 feet right-of-way be dedicated for the following streets, which shall be 30 feet wide, measured from curb face to curb face; i) B Street ii) B Street Court iii) C Street iv) D Street v) D Street Court vi) E Street vii)E Street Court viii) F Street ix) G Street x) H Street xi) H Street Court xii)I Street xiii) I Street Court xiv) J Street xv)L Street xvi) L Street Court xvii) M Street xviii) N Street xix) N Street Court xx)The inner and outer streets in the proposed "Centex" neighborhood (Neighborhood #2) c) The following streets in Neighborhood 4 (the townhouse neighborhood) shall have 60 feet of right of way, and shall be 32 feet wide measured from curb face to curb face; i) K Street ii) K Street Court iii) K Street Circle d) The maintenance of roadway medians and other landscape islands shall be the responsibility of the homeowners' associations. e) Parking shall be prohibited on "A" street and shall be limited to one side on all local streets, and all streets signed appropriately. The parking plan for the PUD shall be approved by the City Engineer prior to approval of any final plat, shall be incorporated into the homeowners' association regulations, and will remain in effect unless specifically authorized otherwise by the City Council. f) "A" street shall end in a temporary cul de sac meeting the City's standards for permanent cul de sacs, until such time as CSAH 21 is extended past the southwest corner of the PUD, at which time "A" street will be connected to CSAH 21. g) The maintenance of roadway medians and other landscape islands shall be the responsibility of the homeowners' associations. h) A 5' sidewalk shall be provided on one side of all streets. 2) Wetlands: a) The wetland information submitted is made a part of the PUD record. However, the wetland mitigation plan(s) shall be reviewed at the time of final plat and shall be consistent with the requirements of the Wetland Conservation Act. • 3) Parks/Open Space: a) The homeowners associations shall maintain medians and landscape islands. b) All parks (except the tot lot areas), open space and wetlands indicated on the development plan titled "Roadway and Open Space Dedication Plan," dated "revised 7/24/97" shall be dedicated to the City. 4) Zoning Standards: a) The PUD shall have an overall density, excluding right-of-way and wetlands, of 2.51 dwelling units/acre. b) The PUD shall provide 85 acres of upland open space. c) The lot standards and variations shall be as found on pages 28-30 of the April 28, 1997, application submission. • d) The construction of up to 300 units of townhouses shall be allowed in Neighborhood 4 of the approved PUD plan. The development of Neighborhood 4 will be subject to a separate site plan review process. 5) Unless otherwise modified by this resolution, the PUD shall be governed by the requirements of the underlying zoning districts. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Planned Unit Development. Adopted in 4 session of the City Council of the City of Shakopee, Minnesota, Held the 30 day of _4._•_'i„ , 1997. , or of the Cityof ShIopee • ATTEST: 02, ' Clerk PARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 / / w f wZ-'. 3— ./ ' ,/ , Iii/*, / / d o/� - < /�'/ '^ I III�,z I,,,:,;4:lr1r VY:Ir Ir LLr1,,:, < .1< w \ _ • ' I II 0NV1p�pvlvlvlvlvi 010,41n vl 0,,io, ,<o„., Q \ _ '' _ \�'�''' N,V^I•I maON��i l`N + •'''''''°44°1 ,gbg\OON p0•1NU Q C As_-�`. , I C1G.o.o.:o- vlNmn..gx,im z 7,':',. 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' 6 W▪J • li ro Z N 1.81., acsz 0 1 Y.. cvF�ao s I11i n 4 0 1 7 A/a1 map WM 3Wtl L7 Q off rAloLe RESOLUTION NO.4873 A RESOLUTION OF THE CITY OF T OF SO U'1'IiBRID1st tPEE, OTA,ADDITIONO�G THE PRELIMINARY WHEREAS,Valley Green Business Park Limited Partnership(a Minnesota Limited Partnership),The Minneapolis Foundation(a Minnesota non-profit organization), and Shakopee Crossings Limited Partnership(a Wisconsin Limited Partnership),the applicants, have applied for Preliminary Plat approval for property located south of STH 169 and west of CR 18; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Southbridge 1st Addition on February 5th and 19th and March 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; WHEREAS,the Council has made the following findings relative to future groundwater levels that may affect the proposed subdivision; a) The ordinary high water level (OHWL) for Dean Lake is 747.0. b) The 100-year flood elevation for Dean Lake is 749.0. c) Previous studies and modeling conducted by the Minnesota Department of Natural Resources(MnDNR)have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. d) STS Consultants LTD. and Peters,Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The RES4873 - 1- purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. e) The lowest floor elevation proposed for any structure in the proposed project is 750.0 f) Based on the information available regarding the current and possible surface water elevations in the project area, as well as the project design, it doesn't appear that the cessation of pumping by CAMAS/Shiely would result in flooding of homes proposed to be constructed in the project area. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of Southbridge 1ST Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1)the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. f) As part of any application for final plat approval, the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation (County Road 21) for existing and future streets and highways. The developer(s) shall be responsible for paying the cost of noise mitigation measures required for those portions of the project or plat adjacent to proposed County Road 21. g) Prior to final plat approval, the following must be completed: i) Resolution of the MNDOT transaction needed to accommodate the development of Southbridge Parkway. RES4873 -2- h) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s) will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 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 RES4873 -3 CITY OF SHAKOPEE l�� �,Q 1. Memorandum '/ ' CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Fighter Termination DATE: March 27, 1998 INTRODUCTION: The Council is asked to terminate probationary firefighter Rusty Rice. BACKGROUND: . Mr. Rice is in his initial probationary period. The findings of Fire Chief Terry Link is that Mr. Rice has not satisfactorily complied with conditions of the probationary status, and therefore recommends that he be terminated, effective April 7, 1998. RECOMMENDATION: We recommend that Rusty Rice be terminated as fire fighter. ACTION REQUIRED: If the Council concurs, it should, by motion, terminate probationary fire fighter Rusty Rice, effective April 7, 1998. /40/_ tkshith Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memo�andtnm CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Acceptance of Resignation- Teherence Doyle DATE: April 3, 1998 INTRODUCTION: Council is asked to accept the resignation of Teherence Doyle, Police Officer, effective April 3, 1998. BACKGROUND: Attached is a letter of resignation from Teherence Doyle indicating that he will be retiring from the Police Department. Mr. Doyle began his employment on April 15, 1974 as a Police Officer. The Police Civil Service Commission is currently advertising for police officer(s). RECOMMENDATION: Staff recommends that his resignation be accepted and that the normal 14 day waiting period be waived. ACTION REQUESTED: If the Council concurs, it should be by motion to accept the resignation, of Teherence Doyle as Police Officer for the Shakopee Police Department of the City of Shakopee effective, April 3, 1998. Dan Hughes Chief of Police Terry Doyle 8445 West 150th. St. Prior Lake Minn 55372 612-447-1692 Mark McNeill City Administrator 129 So. Holmes Shakopee Minn 55379 Dear Mr. McNeill I have received approval from the Public Employees Retirement Association for a disability pension for a work related injury. I hereby resign from the Shakopee Police Department effective 4-3-98, Sod1v7 c "� C�1ui � 5e—tic L awt rN%SSlot1 l.✓cxv el^ o-� 3 troe.k nom.% aro� rasjhtitoN Respectfully, Teherence Doyle • IX SEPARATION. A. Duration o EmD1_Oyment Subject to state law on veterans ' preference, Minn. Stat. Sec. 181 . 931 to 181.935, and any applicable labor agreement, the City may discharge or separate a temporary or probationary employee from employment at any time for any or no reason. Other employees may be discharged as a disciplinary action, or as set forth below. B. Resignation. 1. Procedure. Any City employee wishing to leave the City' s service in good standing shall file with the City Administrator, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure tocomply with this procedure shall be cause for denying such employee future employment with the City and denying severance benefits . 2. Unauthorized Absence. Unauthorized absence from work for a period of three (3) consecutive' working days may be considered by the City Administrator as a resignation, and the employee shall not be entitled to severance benefits. C. Retirement. No City employee shall be required to retire at any specific age. D. Severance Pay. Any regular employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all accrued and unused vacation leave and compensatory time, plus an amount equal to one- third of the value of accrued and unused sick leave up to a maximum of 960 hours . E. LaY-o fa.. 1. Procedure. After at least two weeks notice to the employee, the City Council may lay off any regular IX-1 ) 5./4. a CITY OF SHAKOPEE Memorandim TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Addendum-Item 15.A.2. - Terry Doyle Resignation DATE: April 6, 1998 One modification to the motion regarding patrol officer Terry Doyle's exemption is that the motion should include not only accepting his resignation, but further directing the Civil Service Commission to begin the process of finding a replacement. The Civil Service Commission is currently scheduled to meet to begin the process to fill an already existing vacancy caused by an earlier resignation. We recommend that this continue on the consent agenda, but with the above modification. Ittefi ittalWAV Mark McNeill City Administrator MM:tw As /. CITY OF SHAKOPEE CONSENT MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Award Muenchow Fields Fencing Project to Century Fence Company. Resolution No. 4878 Date: March 17, 1998 INTRODUCTION At the January 6, 1998, Regular Session of the Shakopee City Council Meeting, Council authorized staff to use a portion of the remaining funds in the Community Center Project Fund to install fencing on the ballfields next to the community center. Based on previous projects, staff estimated the project to cost roughly $45,000 or$15,000 per field. Bids for installing fences on the ballfields next to the community center were received and open on Tuesday, March 17, 1998, at 10 a.m. at Shakopee City Hall. The low bid came in well under the estimate by $15,961.00. BACKGROUND Three bids were submitted as follows: Bidders Bid Bond Based Bid/3 fields Two Backstops Total Century Fence 5% $25,563.00 $3,476.00 $29,039.00 Midwest Fence 5% $29,420.00 $4,650.00 $32,220.59 Fen-co Inc. 5% $31,750.00 $3,700.00 $35,450.00 ALTERNATIVES 1. Move to award the Muenchow Fields Fencing Project to Century Fence Company and adopt Resolution No. 4878 2. Move to award the Muenchow Fields Fencing Project to one of the other bidders and amend Resolution No. 4878 with the appropiate bidder. 3. Reject all bids and re-bid the project. RECOMMENDATION Alternative #1. ACTION REOUESTED Offer Resolution No. 4878, a Resolution accepting bids for the Muenchow Fields Fencing Project and awarding the project to t lowest :'drier j ntury Fence Company and move for its adoption. ` ark .. cQuillan Parks and Recreation Director RESOLUTION NO. 4878 A Resolution Accepting Bids on the Muechow Fields Fencing Project WHEREAS: pursuant to an advertisement for bids for the Muenchow Fields Fencing Project, bids were received, opened and tabulated to law, and the following bids were received complying with the advertisement: Century Fence Company $29,039.00 Midwest Fence & Mfg. Company $32,220.59 Fen-co, Inc.. $35,450.00 AND WHEREAS: it appears that Century Fence Company, P.O. Box 277, Forest Lake Minnesota 55025 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Century Fence Company in the name of the City of Shakopee for the 1998 Muenchow Fields Fencing Project according to plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 7th day of April, 1998. Mayor of the City of Shakopee ATTEST: City Clerk /5. 13. c. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Senior High School Softball Fields Date: April 6, 1998 INTRODUCTION The Shakopee School District is asking the City for some assistance in constructing two softball fields south of the Dale Vaughan Football//Track/Soccer Field. Staff is seeking Council's approval to participate in this project. BACKGROUND The local youth softball association is donating funds to cover the cost for materials such as ag-lime, grass seed, benches, backstops, fencing etc. Steve Hentges of S.M. Hentges & Sons has expressed an interest to donate his company's services to do the rough grading and sub-soil removal. If Mr. Hentges agrees to this arrangement,the school district will save approximately $20,000 in rough grading costs. If Mr. Hentges is unable to do the work this summer, the school district will most likely delay the project until a later time. The City is equipped, and would prefer, to do the final grade and seeding. The City's costs, based on the 1998 Fee Schedule, will be about $6,422.00. However, we could reduce those charges by only charging back the man-hour rate and operating cost which is an estimated at about $2,688.00. See attached April 1, 1998 Memo from Public Works Director Bruce Loney. If Mr. Hentges decides to donate his services to the project, the Public Works Director recommends reducing the charges by using actual man-hours and operating costs instead of the adopted 1998 Fee Schedule and also waive the grading permit fee. ALTERNATIVES 1. Authorize City staff to assist Shakopee School District with the construction of two softball fields and reduce the charges for final grade and seeding by using actual man- hours and operating costs instead of the adopted 1998 Fee Schedule and waive the grading permit fee. 2. Authorize City staff to assist the Shakopee School District with the construction of two softball fields and charge the 1998 Fee Schedule rates for services provided by the City. 3. Do not authorize City staff to assist the Shakopee School District with the construction of two softball fields. RECOMMENDATION Alternative #1 ACTION REQUESTED Move to authorize City staff to assist Shakopee School District with the construction of two softball fields and reduce the charges for final grade and seeding by using actual man-hours and operating costs instead of the 1998 Fees Schedule rates and waive the grading permit fee. 41111 , Mar J. McQuillan Parks and Recreation Director CITY OF SHAKOPEE Memorandum TO: Mark McQuillan,Park and Recreation Director FROM: Bruce Loney, Public Works Director SUBJECT: City Participation of Reinstallation of Softball Fields at the Shakopee Senior High School Complex DATE: April 1, 1998 A meeting was held on March 31, 1998 at the School District Board Room to discuss the coordination and participation levels of various groups in the construction of two softball fields at the Shakopee Senior High School site near the intersection of Vierling b Drive and C.R. 79. At this meeting the Public Works Department presented a cost estimate for the Public Works Department in doing the rough grading, finished grading, surveying, placement of ag lime, and seeding for turf establishment for these ballfiields. The total cost estimate for this work to be done by the Public Works Department utilizing the 1998 Fee Schedule was$� 633.00, The Public Works staff has been in contact with Steve Hentges of S.M. Hengtes & Sons, Inc. and has tentatively reached an agreement with Mr. Hentges to donate the rough grading and removal of excess subsoil work with the ti,j . , uipment. This would. essentially reduce the cost of the Public Works items t. 1t e School District did inquire if the City Council would be willing to contribute to this project, since the City does have programs which utilizes the ballfields. The proposal that I would suggest is that the City would charge its actual labor rate plus any operating costs in utilizing its equipment .in. completing the finished grading, placement of ag lime and seeding work. It is my recommendation that if the City wanted to contribute a donation towards this project it could reduce the fees charged on it labor and equipment to only the actual labor costs and operating costs in completing this work. Also, the City could waive the grading permit fee as part of its donations in this project. Essentially, the School District would reimburse the City for its actual out of pocket expenses in completing the work done on this project. The City's budget would not be impacted by this expenditure since the School District would be reimbursing the City. Please review this memo and if there are any questions in regard to this memo or the attached memo,please feel free to contact me in my office. 4144-e-- Bruce Loney Public Works Director I 'd ZL18 SVV dB±NBO WOO 33d0>r'HS WOd. NV6L 'S 8661-90-V HIGH SCHOOh SOFTBALL FIELDS CONSTRUCTION COSTS MEMORANDUM TO: Bruce Loney, Public Works Director Mark McQuillan, Park & Rec. Director FROM: Michael Hullander, Public Works Supervisor SUBJECT: Construction cost estimates for two softball fields at the Shakopee Senior High School. These costs are based on the Public Works Department doing all the work. 1. Remove top-soil, Grade sub-soil, Replace top-soil. $ 6,500.00 Scraper rental - $2,300.00/wk. x 2 +tax=$4,900.00 Operator- $20.00/hr. x 80hrs. $1,600.00 2. Surveying $ 640.00 r 3. brain-tile/Materials only $ 300.00 4. Finish Grade—both ag-lime and top-soil $ 1,120.00 * 40 hrs. x $28.00/hr. _ $1,120.00 5. Placement of ag-lime $ 1,344.00 * 48 hrs. x $28.00/1r. = $1,344.00 6. Seeding - $28.00/hr. x 8hrs. $ 224.00 * 7. Removal of excess sub-soil $15,505.00 6 Trucks $58.00/hr x 35hrs. _ $12,180.00 1 Loader$95.00/hr. x 35hrs. = $ 3,325.00 Costs based on 5,000 yrds excess sub-soil TOTAL COST ESTIMATE $25,633.00 * $28.00/hr. = Manhours & Operating Costs Total for Lines 4, 5 and 6 was $6,432.00 and now the total is $2,688.00 Z d ZL18 SVV 2:131N30 WOO 33d0>IVHS WOdd WVVL °g 8661-90-V CONSENT 1S.C . 1, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: GIS (Geographic Information System) MEETING DATE: April 7, 1998 INTRODUCTION: During last year's budget discussion the intent of the Community Development Department to proceed with GIS (as well as building permit information)upgrades. For that reason additional funds were budgeted for that purpose. Staff has met with LOGIS to discuss the necessary steps to implementing GIS. LOGIS provides GIS support to a number of communities, including neighboring Savage. Attached for the Council's information is the proposed GIS startup schedule for Shakopee. The cost of GIS support is estimated to be about $2,000.00 per month ALTERNATIVES: 1. Authorize city staff to contract with LOGIS for GIS support. 2. Do not authorize contracting with LOGIS for GIS support. 3. Table the item for additional information. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer and pass a motion authorizing city staff to contract with LOGIS for GIS support. d � , / < , R. Michael Leek Community Development Director 1U/21/`J/ U17:04 A014 JOU VJU1 LVVlV UL V111 +anLL LEI V14/V1i, A Proposed GIS Startup • Schedule For The City Of Shakopee DRAFT Introduction The City of Shakopee is considering participation in LOGIS' GIS Support Service. This document was compiled to assist the City in its decision making process. It outlines some general goals of the City,the ways in which LOGIS will assist in reaching these goals and an approximate schedule for completion if the City chooses to participate in the GIS support service. I. Current Status The following statements attempt to describe the current status of the City's CAD/GIS. I.) The City maintains a competent CAD staff,however,there is currently no GIS capability. 2.) The City has very few automated databases which would be applicable to GIS use. Specific datasets are net yet known. 3.) A digital parcel basemap of the city should be readily available from Scott County. The accuracy and currency of the data is not known. 4.) The City can acquire additional tabular property information in digital form from Scott County; specifically,ownership,value, and legal parcel data. II. Goals The following tasks are an initial compilation of the City's immediate GIS requirements and goals. 1.) Acquisition of a digital parcel basemap from Scott County. 2.) Error check and confirm the currency of all property IDs;update as necessary, adding and/or modifying parcel polygons and IDs in order to obtain a satisfactory parcel basemap. 3.) Documentation of initial GIS datasets. 4.) Introduction of a digital parcel basemap to the City's GIS users. 5.) Development and installation of ArcView GIS functionality for the City's ArcView users allowing them to easily create and print mailing labels for selected geographic areas and/or per specific tabular queries. '10/21/97 08:52 e612 566 0561 LOGIS -4-4 Ski CITY BALL 4U13/015 6.) Build a digital Zoning District coverage for the GIS. G/-e--3 '7.) Review GIS requirements for the City's Planning Defaar(dt elnitiate data acquisition and application needs. 3.) Design,develop and install or distribute existing applications which will further assist the City in integrating GIS. Applications specific to this item have not yet been identified. III. Relative Completion Schedule The following completion schedule is approximate,being partially dependent upon the accuracy of statements listed under Section I, Current Status. Day 1-5 Acquisition and transfer of the parcel basemap from Scott County to LOGIS' site for final error checking. Acquisition and transfer of additional parcel based attribute data from City and/or County. Day 6-10 Review of data from City/County. Day 11-16 Initial edit and error check of Arc/Info coverages. Begin development of customized ArcView interfaces. Day 17 Completion of basemap error check. Day 18 Begin definition of documentation and metadata. Day 20-25 Final testing and Q/A of deliverable ArcView interfaces and data sets. Completion of documentation for deliverable data sets. Day 26 Delivery and installation of all data and software to complete items 1-7 of Section II, Goals. Day 27 Begin application specific city staff training if necessary. LOGIS can also assist in scheduling and coordinating professional ArcView training for City staff to coincide with completion of the City's initial GIS startup. . 1U/21/U/ Ut):0:3 V'o14 Jou Viol LvSIlu . . . •.. ---- —--- cy --- - • co Y a► ar I -14 m. 1111111 • _____ ,.. Y Fill m M Y d11 11 G pal N O N x * 3 . 'TIIII c1U co 1 v I10 ■ m ■ rs. II C v O -�p W m c b 7 p .e c O .� 81 g 000 iL `° va aGi v m c a Di c m isrn E ° c co c 3m rnY � o � Em Z' �N Nm U .g.Q .G '9 et 13 W U A 0 V 0 *0 0 I 03 coC 40/21/97 08:53 pb1Z bbb Obi LUl,1J 444 an 1.116 nHLL QUlb/Ulb SIM ■■MM■ mom ■ ■ Local Government Information Systems Association The LOGIS Advantage The following list outlines several ways in which LOGIS' GIS Support Service can assist a city in managing its GIS... Arc/Info software support Phone and on-site support from LOGIS covering issues pertaining to the operation of the Arc/Info software and any Arc/Info optional extensions that LOUIS also has licensed at its site. As a cost savings/sharing effort LOGIS maintains its GIS installation as a primary support site to ESRI and each member city's installation as a secondary support site thereby allowing LOUIS direct access to phone support and Internet access to ESRI's support network. As a secondary ch member city obtains all software updates and new releases from ESRI as they become availabort site le. Arc/Info application development support LOGIS offers application design,development,and implementation as requested and approved by the GIS user group. Applications common to more than one member are prioritized ahead of those specific to a single member. Application development involves the use of AMLs and/or any other 4-GL application tool kits available with Arc/Info and/or ArcView. Arc/Info and ArcView spatial database maintenance LOUIS maintains the availability, accuracy,and currency of all spatial data as requested by member cities. This service includes translations of data from other graphic formats, digitizing, etc. in order to maintain existing spatial databases.Dependent upon the volume of data,developing new spatial coverages may require an additional charge or be contracted to an outside vendor. ArcView software support LOGIS offers phone support on all aspects of ArcView operation for PCs and workstations and fully supports all custom application developed at LOGIS. As a cost savings to its members LOUIS organizes and sponsors group training sessions at the LOGIS training facility by ESRI authorized instructors. Database integration & application development support Where applicable LOGIS maintains the availability and currency of all databases required by Arc/Info and ArcView in standalone,LAN,and WAN environments. LOGIS will also offer application design,development,and implementation as requested and approved by the GIS user group. Development may include the use of AML,Avenue and other customization tools available within the Arc/Info and ArcView environments. LOGIS GIS seat use Under certain circumstances LOGIS'GIS site is available to members on a time scheduled basis. The LOGIS site offers UNIX workstations,PCs,a large format digitizer,a large format color inkjet plotter, laserjet and paintjet printers,ArcView with Spatial and Network Analyst extensions, and Arc/Info with TIN,NETWORK,and COGO extensions. 2700 Freeway Boulevard • Suite 300 • Brooklyn Center, Minnesota 55430 Voice: (612)566-0050 • Fax: (612)566-0561 • Internet:http://www.logis.org CONSENT IS.0 - lo CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: GIS (Geographic Information System) MEETING DATE: April 7, 1998 INTRODUCTION: During last year's budget discussion the intent of the Community Development Department to proceed with GIS (as well as building permit information)upgrades. For that reason additional funds were budgeted for that purpose. Staff has met with LOGIS to discuss the necessary steps to implementing GIS. LOGIS provides GIS support to a number of communities, including neighboring Savage. Attached for the Council's information is the proposed GIS startup schedule for Shakopee. The cost of GIS support is estimated to be about $2,000.00 per month ALTERNATIVES: 1. Authorize city staff to contract with LOGIS for GIS support. 2. Do not authorize contracting with LOGIS for GIS support. 3. Table the item for additional information. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer and pass a motion authorizing city staff to contract with LOGIS for GIS support. R. Michael Leek Community Development Director 1U/Z1/`J/ u8:5L V-otc you VJul LVV1U �� Uu V111 li[1LL V14/Via A Proposed GIS Startup • Schedule For The City Of Shakopee DRAFT Introduction The City of Shakopee is considering participation in LOGIS' GIS Support Service. This document was compiled to assist the City in its decision making process. It outlines some general goals of the City,the ways in which LOGIS will assist in reaching these goals and an approximate schedule for completion if the City chooses to participate in the GIS support service. I. Current Status The following statements attempt to describe the current status of the City's CAD/GIS. 1.) The City maintains a competent CAD staff,however,there is currently no GIS capability. 2.) The City has very few automated databases which would be applicable to GIS use. Specific datasets are net yet known. 3.) A digital parcel basemap of the city should be readily available from Scott County. The accuracy and currency of the data is not known. 4.) The City can acquire additional tabular property information in digital form from Scott County; specifically,ownership,value, and legal parcel data. II. Goals The following tasks are an initial compilation of the City's immediate GIS requirements and goals. 1.) Acquisition of a digital parcel basemap from Scott County. 2.) Error check and confirm the currency of all property IDs;update as necessary, adding and/or modifying parcel polygons and IDs in order to obtain a satisfactory parcel basemap. 3.) Documentation of initial GIS datasets. 4.) Introduction of a digital parcel basemap to the City's GIS users. 5.) Development and installation of ArcView GIS functionality for the City's ArcView users allowing them to easily create and print mailing labels for selected geographic areas and/or per specific tabular queries. '10/21/97 08:52 ti1612 566 0561 LOGIS -+-+-+ Sri U1'1'Y BALL tJU13/U15 6.) Build a digital Zoning District coverage for the GIS. efy 7.) Review GIS requirements for the City's Planning De 'aar'L i&daiiutiate data acquisition and application needs. 3.) Design, develop and install or distribute existing applications which will further assist the City in integrating GIS. Applications specific to this item have not yet been identified. M. Relative Completion Schedule The following completion schedule is approximate,being partially dependent upon the accuracy of statements listed under Section I,Current Status. Day 1-5 Acquisition and transfer of the parcel basemap from Scott County to LOGIS' site for final error checking. Acquisition and transfer of additional parcel based attribute data from City and/or County. Day 6-10 Review of data from City/County. Day 11-16 Initial edit and error check of Arc/Info coverages. Begin development of customized ArcView interfaces. Day 17 Completion of basemap error check. Day 18 Begin definition of documentation and metadata. Day 20-25 Final testing and Q/A of deliverable ArcView interfaces and data sets. Completion of documentation for deliverable data sets. Day 26 Delivery and installation of all data and software to complete items 1-7 of Section II, Goals. Day 27 Begin application specific city staff training if necessary. LOGIS can also assist in scheduling and coordinating professional ArcView training for City staff to coincide with completion of the City's initial GIS startup. ..— . 1u/Gley/ U.3:0.3 .oic uou u.iul LVV1 V r co• as I Je 01 3 ... I .Y as 0) M .. cu as hiP1u __ N Y 01 NII ; ; ' :: m ■ � Ill c .� IV o 'c 5p� a $ O .°.. c c O Sq ii O d8 ccm m v acsw c v ca Eoc me o al ca > a) C v 0 > 0 7 in > m C) N ¢.n v W m W o s°n o u CIv O o CO co c7 410/21/57 08:53 2tilz 000 0001 LU 1J y->-, an 1.112 iJLL WJU1o/UID MIME ■■111li• ■110+ ©[I©111 ■ ■ Local Government Information Systems Association The LOGIS Advantage The following list outlines several ways in which LOGIS' GIS Support Service can assist a city in managing its GIS... Arc/Info software support Phone and on-site support from LOUIS covering issues pertaining to the operation of the Arc/Info software and any Arc/Info optional extensions that LOGIS also has licensed at its site. As a cost savings/sharing effort LOGIS maintains its GIS installation as a primary support site to ESRI and each member city's installation as a secondary support site thereby allowing LOGIS direct access to phone support and Internet access to ESRI's support network. As a secondary support site each member city obtains all software updates and new releases from ESRI as they become available. Arc/Info application development support LOUIS offers application design, development,and implementation as requested and approved by the GIS user group. Applications common to more than one member are prioritized ahead of those specific to a single member. Application development involves the use of AMLs and/or any other 4-GL application tool kits available with Arc/Info and/or ArcView. Arc/Info and ArcView spatial database maintenance LOUIS maintains the availability,accuracy,and currency of all spatial data as requested by member cities. This service includes translations of data from other graphic formats,digitizing, etc. in order to maintain existing spatial databases.Dependent upon the volume of data,developing new spatial coverages may require an additional charge or be contracted to an outside vendor. ArcView software support LOUIS offers phone support on all aspects of ArcView operation for PCs and workstations and fully supports all custom application developed at LOGIS. As a cost savings to its members LOUIS organizes and sponsors group training sessions at the LOUIS training facility by ESRI authorized instructors_ Database integration & application development support Where applicable LOUIS maintains the availability and currency of all databases required by Arc/Info and ArcView in standalone,LAN,and WAN environments. LOUIS will also offer application design,development,and implementation as requested and approved by the GIS user group. Development may include the use of AML,Avenue and other customization tools available within the Arc/Info and ArcView environments. LOGIS GIS seat use Under certain circumstances LOGIS'GIS site is available to members on a time scheduled basis. The LOGIS site offers UNIX workstations,PCs,a large format digitizer,a large format color inkjet plotter, laserjet and paintjet printers,ArcView with Spatial and Network Analyst extensions, and Arc/Info with TIN,NETWORK,and COGO extensions. 2700 Freeway Boulevard• Suite 300 • Brooklyn Center, Minnesota 55430 Voice: (612)566-0050 • Fax: (612)566-0561 • Internet:http://zvww.logis.org ISTI ` . Z w CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment—Planning Technician MEETING DATE: April 7, 1998 INTRODUCTION: The Council is asked to appoint Elizabeth Handrich to the newly created position of Planning Technician effective April 8, 1998. BACKGROUND: Earlier this year the Council authorized creation of the position of Planning Technician. The position was formally posted for 2 weeks. Scott County certified the top 12 candidates to the City, and 3 finalists were interviewed. Elizabeth Handrich was selected as the best-qualified candidate. Since March of 1997, Ms. Handrich has been serving as an intern in the Community Development Department. COMPENSATION: Ms. Handrich has been offered, and has agreed to, a starting salary of$26,154 per year (Step 1 of Grade H of the Pay Plan for this position). STAFF RECOMMENDATION: I recommend the appointment of Elizabeth Handrich to the position of Planning Technician effective April 8th, but contingent on successful completion of a pre- employment physical. A pre-employment physical has been scheduled for April 9t. ACTION REQUESTED: The Council is asked to offer and pass a motion appointing Elizabeth Handrich to the position of Planning Technician effective April 8th at Step 1 of Pay Grade H(i.e. $26,154) and contingent on successful completion of a pre-employme. - •hys. . R. 'chael Leek Community Development Director CITY OF SHAKOPEE Memorandum /67 • 3, TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Southwest Metro Transit Commission(SMTC)—Youth Route to Valleyfair MEETING DATE: April 7, 1998 INTRODUCTION: SMTC intends to operate a route to Valleyfair during the summer season. This route would serve youth in SMTC's service area(i.e. Chanhassen, Chaska and Eden Prairie). The City of Shakopee and SMTC have a history of seeking opportunities for coordinating service. In that spirit Len Simich,Executive Director of SMTC, approached Shakopee staff about whether the City would be interested in 1) coordinating that service with Shakopee's Dial A Ride service, 2)authorizing SMTC to extend the service to Shakopee youth along the route. Because the service is outside Shakopee's own service, direction is being sought from the Council. Mr. Simich is expected to be available at the meeting to further describe the proposed service and answer any questions. ACTION REQUESTED: Offer and pass a motion setting forth Council's wishes and direction regarding possible cooperation with SMTC and its proposed youth route. A, R. Michael Leek Community Development Director SMTCVa1F/RML 1 CITY OF SHAKOPEE Memorandum I S C , I/ TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Commission MEETING DATE: April 7, 1998 INTRODUCTION: The Council authorized staff to advertise for persons interested in serving on a transit commission for the City of Shakopee. A 7-member commission was originally contemplated. Only four applications have been received. Copies of the applications have been attached for the Council's information. Two of the applicants are current users of the VanPool service. The applications were from the following individuals: • William Anderson • Eldon Reinke • Don McNeil • Marie M. Doyle In light of the relatively small number of applications received, staff is seeking direction from Council on the following: • Whether it wishes to set a date to interview the current applicants; • Whether it wants to establish the transit commission with 5 members to start(an alternative would be to name one Council member to the Commission); • Whether the Council wishes staff to continue seeking additional applicants for the transit commission. ALTERNATIVES: 1. Establish a committee and set a date to interview the current applicants. 2. Approve the establishment of a 5-member transit commission, with one member to be named from the City Council. 3. Direct staff to continue seeking additional applicants for the transit commission. ACTION REQUESTED: Offer and pass a motion consistent with the Council's wishes. "?de° 4€_..e%;Ce_e,‘ R. Michael Leek Community Development Director TransCom/RML 1 _Transit Commission City of Shakopee The Shakopee City Council is seeking applications from City residents who would like to serve on the new Transit Commission. Applications are requested by March 11, 1998. Call 445-3650 for more information and an application. The Transit Commission will make recommendations to the City Council regarding types of transit service,funding, and rules and regulations governing the operation of City transit services. f' r7 i / j Official Proceedings of the January 20, 1998 Shakopee City Council Page -4- A discussion ensued regarding advantages and disadvantages if the Ordinance is adopted. Michael Leek explained that narrow streets or lot size variations 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 of the density bonus and adding variations where consideration for increased density would be allowed. Mr. Leek explained that the elimination of the density increase would result in fewer PUD requests. 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 any other necessary guidelines could be added to the Ordinance. ' Sweeney/Link moved to refer the Planned Unit Development Ordinance back to staff to clarify that mixed use is an acceptable variation. Motion carried unanimously. DuBois/Amundson moved to deny Ms. Lori Storberg's request, to allow for the keeping of a monkey in her home, fording monkeys to be prohibited by the City Code. Motion carried unanimously. Michael Leek explained that the City had received 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 County Road 18 "Stagecoach Road." Motion carried unanimously. Michael Leek explained that the Council has been faced with a number of issues relating to the provision of transit in the City. He said that staff anticipates the number of issues will increase as the City continues to grow and recommended the re-establishment of an Energy and Transportation Commission that would assist the Council in handling the work of managing the City's transit services. A�discuss' lating to the number of committee members. e , consisting of Dial-A-Ride representatives as well as other interested members of the community. The comittee would would meet monthly. • _. . , • .,-. . .irec .: . . - -- Bruce Loney reported that the transfer of four County roads in the City Limits of the City of Shakopee were discussed by City Council on August 6, 1996,: CSAR 16 from T.H. 300 to CSAH 17, C.R. 18 from new C.R. 18 to T.H. 101, C.R. 72 from C.R. 79 to CSAH 17, and C.R. 77 from Shakopee Bypass to 6th Avenue. He said the County included three options regarding improvements per County policy. These options have beeri discussed by City 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 prepared a memo of understanding. Mileage is shown • Name: MOX 1 e. M,-Voy z Address: 11 19,I C.Ik 1 Phone:(H) (GO.) 445 — 039 D (B) ( 2) 5o'_ How long have you been a Shakopee Resident? t 2.- y.Prcl S Occupation: -70-r Cc5 I\4-14-:‘ 5tfc4)(1 Does your work require you to travel? (Check one) A great deal Periodically 1/ 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) Board or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which ou are submitting an application: � J U 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 b siness, 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*r1 cI L Ly'c L) z_i 1. v\ Mcite, � . 4,13 5511$ (o o—Y 3)- 1-er-e 2. tic ) amu. 445 -119b 3. 1. 17(1 L:2440,41- 14604 G � n� 445--33c z. I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature 7 – 9 -Cg Date RETURN APPLICATION AND PLEDGE TO: City Clerk • City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Name: 13-1. ( I ATh 12SCD N Address: I Obh �- u a IQ !l� Phone:(H) Lc (B) 3 — (3,45 How long have you been a Shakopee Resident? -3 8. Ygs Occupation: COAA.fruxCO tt Iu2 c4 T M E(-) �4 CD OS ctLi 64&) T 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) Board or Commission in which you are interested? (If more than one, please indicate order of preference) _ RAO s Please state briefly why you are interested in se '.g on this Board/commission or which you are submitting an application: 1 j ./. / tm Va.,,, P , vim. P it\ -)12210 /rAiv )1.€ „1.47Wintw/A44%. _ 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 K. If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. C - -"_ 2. Ma /1/0a ` 3. (PeitA ( b c r I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. CdASVV , • Signature 3/ 1 /9'/ Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RECEDED MAR u 2 1998 CITY OF SHAKOPEE Name: 2 P C. &//likE Address:. 6 ‘ 1 iNa e i'' /-/-7--.0t. 1 Phone:(H X7`� / �5 ) (B) (J 73 - Z/ 52 How long have you been a Shakopee Resident? ' 1.7', 4-- -' Occupation: 1)7e' Gi''/G%al Does your work require you to travel? (Check one) V 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) 74. a 'i/t.-<P7--1 7/... X-."--r 2" (.1 -"c"fre.'-‘1:1-'4')''--e( ,11,447.&1) Board or Commission in which you are interested? (If more than one, please indicate order of preference) ,- *--;4"' � / Please state briefly why you are interest in serving ons , d/C mmission for w 'ch you are submitting an application: 8.2 Q,(1_ - -71'-dvi'L,16-,r2I-7;05--A_. eg-7/2.4,21,:v2• 4/1- -€1,- --ost--"ye-,• ifret," �-ri Lam/ ,_,,eure7/4 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 organised, 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 Addre , Phone): 1. (9/64— • / c 2. /✓ 3. I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. d / ignature • g Date RETURN APPLICATION AND PLEDGE TO: RECEIVED City Clerk M"+R 0 9 1998 City of Shakopee 129 Holmes Street South Oily°F SN'aKOPEc Shakopee, MN 55379 SHAKOPEE AO TEL :612-496-7682 Mar 10 3 . MAMAR-02-1998-02-1998 10:07 98 612 445 1671850 NoP.02006 P .01 /04 '4/1 c AJCAddr u _ ess:_ je o e 4 /frr7c Nemo: �^�-- phone:(I // }tow long have you bean t Shakopee Resident? //// / IT' / 4 �1114�•- '�•airy ... . /. Occupation; / - . • Does your work rcguire you to travel?(Chock one) A great deal Periodically Very Little None a Do you have any special interests or training which you feel particular board or comrrmssion could use?(Use a kparate.shest 3f=leoe Bary) //4111101Fr • Board or Commission in which you are %tarested? (If mofe than ono, please indicate order of preference• `; : _ ' Please state briefly why you are interested in serving on this Board/Commiasion for which you are submitting an application: — / .1/ ^ ....4041111161111~111 Conflict of interest is defined as the participation to 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 buitneas, however organized, which could be constructed u a conffict of interest? Yes_No.Z If yes, please provide the details on a separate sheet ofpaper. • • 3(10(9( roifrici, 2117 qy SHAKOPEE AO TEL :612-496-7682 Mar 10 98 13 :50 No .006 P .02 __. DON MCNEIL 1101 Naunkeag St. • Shakopee,MN SS379 • Res:(612)445-9026 • Ens:(612)496-4161 SHAKOPEE TRANSIT COMMISSION EDUCATION, EXPERIENCE NCE AND INTEREST RELATED TO MY INTEREST OF SERVING. EDUCATION UNIVERSITY OF MINNESOTA Graduate Course work 1969, Labor Relations courses, Video Editing 1997 MANKATO STATE UNIVERSITY l 966-1969 B.S.,Business Administration/Marketing Originated the Univ. first Marketing Club; scholarship front business fraternity. EXPERIENCE MN DEPARTMENT OF ECONOMIC SCCt1RTTY, 1971 - Present -w Innovative professional with the ability to manage resources in a creative fashion. 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.ARMY(RESERVES), 1967 to 1994 Master Sergeant.. Served in various capacities to include Production Supervisor for a Battalion level Printing'Craphics section. Produced various publication:weekly papers.for POW camps, and training camp year books. Other assignments: Special Forces,MI, 82nd Airborne, Training supervisor. Conducted performance/evaluation reviews. Processed Security clearance requests. Skills and Abilities: • Created projects, leaflets,brochures and workbooks for market exposure Participant.in planning meetings;city,county and state levels • Board of Directors,Shakopee Transportation&Energy Commission. a Board of Directors, Shakopee Arca Cable Access Corporation/Commission. Served on Dakota County Private Industry Council (PIC). Served on MDES Commissioner's Task Force. • Director, Dakota County Manpower Consortium. • Market Workforce Centers (Job Service/Re-employment Insurance). • Produced marketing video: for St. Francis Regional Medical Center for for fund raising purposes for a new hospital campus m Board of Directors, President(Chapter level)MAPE. Previous Director. SHAKOPEE AO TEL :612-496-7682 Mar 10 98 13 :51 No .006 P .03 • Page 2 Don McNeil Resume • 1 ► Shakopee Chamber of Commerce-Authored the Chamber's first Public Relations Committee and Chaired the P.R.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 (an annual 3-day event);produced videos to include all the events. Appointed by the City Council (a 3 yr. term) 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 &procedures,conduct.meetings. Make expenditures. e. Minnesota Dept. of Economic Security- $Account Representative; recruit and market Workforce Center programs and services,develop labor exchange relationships,utilize various means;media(radio, T.V.),mass recruiting;plan ,schedule and follow-up with employers and/or partners, t West Metro Partnership Planning Project;served on the Application Review Committee. Served on the Job Service Review Committee. Staffed informational booths, (State and county fairs) and Employer job Fairs. Mass recruiting; plan,schedule and follow up with larger employers,i.e., Cert.ainteed.Renaissance, Canterbury Park, Inland Container and various temporary services. Member of the Scott County Economic Development Coalition (Labor Issues Task Force.,Certified Creative Job Seeking Skills(CJS)instructor.Completed Marketing related courses: "Media training (U of M). 'Preparing for the Future of Eamployer. Services., Generate mailers for specific events,promotional events, ' Community Involvement and Activities- Co-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. Community Action Program (CAP),annually volunteer for Thanksgiving and Christmas collections and distributions. Member of the American Legion. SHAKOPEE AO TEL :612-496-7682 Mar 10 98 13 :51 No .006 P .04 Transit Commission: To look at the overview of the Transit Service, Funding, Rules and Regulations governing the operation of the Cities transit service. The Transit Commission of which will be charged with making recommendations to the Shakopee City Council. Specific background/skills required for membership on this board and/or commission: (P1casc rcacr to my attachcx1 resume) 1 had previously served on the City's Energy and Transportation Commission for one term. The commission was also at that time, directed to look at the various options that would best serve the City in its transportation needs. As the City of Shakopee continues to grow it is in our best interest to look at the integration and relationship of the funding sources, the distribution points, the industrial parks and the arteries and feeder groups of users. The marketing of this service is also equally as important to its success. One of those sources that is already available with little additional advertising cost could be that of local cable T.V. of which 1 am equally interested in. Briefly stated my interest in serving on this Commission: My interest is being a part of a task oriented Commission: looking at various options in planning for the transportation needs of the Shakopee area. To utilize my education and work experience relating to marketing a service; to the City council, the public, the employer community, and the funding sources. The subject of transportation is of interest, a challenge, to more than just the City of Shakopee. The serving on the Transit Commission is an opportunity, as a Shakopee resident who works in Shakopee, and a opportunity to serve the community. In working for a state agency (Scott County Workforce Center)in Shakopee, 1 also have an interest in transportation issues, due to the interaction with the part of the population, that has the greatest need for transportation alternatives. SHAKOPEE AO TEL :612-496-7682 Mar 10 98 13 :52 No .006 P .05 MAR-e2-1998 1007 612 415 6718 P.03'20 Please list three references(Name,Address, Phone): ea4eX L 2.. ' a `-� /. . , 2? II _ 7 / ed . - ted 3. I hereby certify the theta within the foregoing plioetlan are tree and correct to the beat of my knowledge G ,.,e, Signature . 3 ? Date iteC RN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RECEWED MAR 1 ; 1998 CITY OF SHAKOPEE /S. C. S; CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Approval of Developers Agreement for Canterbury Park 5th Addition MEETING DATE: April 7, 1998 DISCUSSION: Steve Bubul of Kennedy& Graven, on behalf of the City, has prepared the attached developers agreement for Canterbury Park 5th Addition. The Council is asked to authorize execution of the agreement. ALTERNATIVES: 1. Direct the appropriate City officials to execute the developers agreement for Canterbury Park 5th Addition as presented. 2. Direct the appropriate City officials to execute the developers agreement for Canterbury Park 5th Addition with revisions. 4. Table action on this item and request additional information. ACTION REQUESTED: Offer and pass a motion directing the appropriate City officials to execute the developers agreement for Canterbury Park 5th Addition. R. Michael Leek Community Development Director R.Michael Leek Page 1 04/03/98CP5thDev DRAFT fa 0/2/98) This space reserved for recording purposes This Agreement Drafted By Kennedy & Graven, Chartered CITY OF SHAKOPEE 470 Pillsbury Center Minneapolis, MN 55402 SCOTT COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Shakopee, a municipal corporation organized under the laws of the State of Minnesota ("City") and Valley Green Business Park Limited Partnership ("Developer"). WITNESSETH: WHEREAS,the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows: Canterbury Park 5th Addition ("Subdivision"); and WHEREAS, the City Council, by Resolution No. 4874 adopted on March 17, 1998, has granted conditional approval to the Subdivision on the condition that the Developer enter into this Agreement to provide for the installation of street, water, sewer and other improvements. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained in the agreement, it is agreed as follows: JJT140192 SH235-04 I. Definitions. The following improvements as used in this agreement shall have the meanings stated: (A) "Street Improvements" - subgrade preparation, permanent surfacing, right-of-way grading or berm construction, traffic signing, sidewalks, trails, and all appurtenant facilities (as shown on the approved plans on file in the office of the City Engineer). (B) "Sanitary Sewer Improvements" - sanitary sewers, lift stations and all other appurtenant sanitary sewer facilities(as shown on the approved plans on file in the office of the City Engineer). (C) "Storm Sewer Improvements" - storm sewers, inlets and all other appurtenant storm facilities (as shown on the approved plans on file in the office of the City Engineer). (D) "Watermain Improvements" - watermains, valves and all other appurtenant watermain facilities (as shown on the approved plans on file in the office of the City Engineer). (E) "Street Light Improvements" - street lighting including_ poles, crossarms, underground wiring transformers,pedestals and any other necessary appurtenances (as shown on the Approved plans on file in the office of the City Engineer). (F) "Other Public Utilities" - whenever electric or gas utilities are included in a subdivision they will be required as Plan A improvements and for purposes of releasing this developer*s agreement and issuing a certificate of occupancy (conditional or permanent), the City shall consider the utility improvements approved upon the developer entering into an agreement with the utility company ifiti ' ```*.`::and paying any moneys required by the utility company at that time. II. Ownership Warranty of Developer. The Developer hereby warrants and represents to the City as inducement to the City's entering into this Agreement, that Developer's interest in the Subdivision is: Fee Owner X Contract for Deed Purchaser Other (Specify) III. Designation of Improvements. Improvements to be installed at Developer's expense by the Developer are referred to as "Plan A Improvements". Improvements which the Developer has petitioned the City to install and finance on a cash and assessment basis are hereinafter referred to as "Plan B Improvements". The City and the Developer acknowledge that there are no Plan B Improvements being constructed in connection with the Subdivision. IV. Plan A Improvements. The Developer will construct and install at Developer's expense, except as otherwise provided in Paragraph V (G) (5) of this agreement, the following JJT140192 SH235-04 2 improvements under Plan A according to the following terms and conditions and the General and Special Conditions attached hereto and made part of the Contract. Description of Improvement Location of Improvement Street, Sanitary Sewer, Storm Sewer, 12th Avenue from County Road Street Light and Watermain 83 to Vierling Drive Street, Sanitary Sewer, Storm Sewer, Disc Drive from Secretariat Drive Street Light, and Watermain to 12th Avenue Street, Sanitary Sewer, Storm Sewer, Vierling Drive from County Road Street Light, and Watermain 16 to 12th Avenue V. Plan "A" Improvements. (A) Construction Plan and Approval Thereof. The Developer will engage, at Developer's expense, a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specifications, and a cost estimate for complete installation of all Plan A Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to City Engineer (and Shakopee Public Utilities Manager, when required) for written approval prior to commencement of construction. (B) Developer. The Developer shall submit to the City either cash, or a certified letter of credit approved by City Attorney, made payable to the City of Shakopee upon which the City may draw, or contract bond approved by the City Attorney, in the amount of 125% of the total project cost (as approved by the City Engineer) including the costs of City inspection and administration, said cash, certified letter of credit, or contract bond to be submitted when this agreement is executed. The City is hereby authorized to draw against the said cash, certified letter of credit, or contract bond as provided in Paragraphs V (F) and VII (D). In the alternative, the Developer may enter into an "Escrow and Payment Agreement", approved by the City attorney, to be submitted when this agreement is executed. (C) Completion off Street Light Improvements. For purposes of releasing this developers agreement and issuing a certificate of occupancy (conditional or permanent), the City shall consider the Street Light Improvements approved upon the developer entering into an agreement with Shakopee Public Utilities and paying any moneys required by the Utilities at that time. (D) Building Permits. The City may issue building permits when the required improvements are substantially complete, as determined by the City Engineer; however, no permanent certificate of occupancy shall be issued until all of the required improvements are completed and approved by the City Engineer, or until this agreement is replaced with a letter of understanding and a letter of credit in the amount of 125% of the City Engineer's estimate of the cost of work remaining JJT140192 SH235-04 3 to be constructed as provided in VII (D), which replacement shall be approved by the City Council. (E) Park Fund. No building permit shall be issued for any lot within the proposed subdivision until any and all payments to the Shakopee Park Fund in lieu of land dedication as provided in Paragraph VIII have been made. (F) Administrative and Technical Costs. The Developer shall have no obligation to pay the City administrative and inspection cost of the project. Services to be performed by the City include, but are not limited to the following: 1) Review and approval of plans and specifications prepared by Developer's engineer. 2) Inspection of all Plan A Improvements. 3) Review and approval of "As-Built" plans prepared by Developer's Engineer. (G) Construction of Plan A Improvements. 1) Construction. The construction, installation, materials and equipment for street improvements, sanitary sewer improvements and storm sewer improvements shall conform to the approved plans and the City of Shakopee's Standard Specifications and for watermain and street light improvements shall conform to the Shakopee Public Utilities Standard Specifications. 2) Easements. The Developer shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for the construction and installation of the Plan A Improvements. 3) Insurance. The Developer will cause each person with whom the Developer contracts for the construction of any Plan A Improvement to furnish to the City the Contractor's Insurance Certificates as specified in Article 35 of the General Specifications of the Design Criteria and Standard Specifications for Construction of Roadways, Sanitary Sewer and Storm Sewer. No construction shall commence until the City Clerk receives said insurance certificates and said certificates are approved by the City Attorney. 4) Faithful Performance of Construction Contracts and Bond. The Developer will fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one (1)year following the City's final acceptance JJT140192 SH235-04 4 of the Plan A Improvements, said guarantee to be in writing and in addition to the Maintenance Bond required by Paragraph VII(D). 5) Payment for Plan A Improvements. The construction and installation of all Plan A improvements shall be paid for solely by the Developer, except as follows: a) The City shall reimburse the Developer for 50% of the costs of constructing the Plan A improvements on 12th Avenue from County Road 83 to Vierling Drive; b) The City shall reimburse the Developer for the cost of constructing the bituminous trail adjacent to Vierling Drive from County Road 16 to 12th Avenue. 6) .:;.;:.::>:< : ;:>::;:<:>::»>:<>:::::>:::::;::M0kW. POW O O :. itigi ..;. :. .:.i:' :::: ii':...:........:f.:,,:tw.}} .�.::}:.�:.:•iiii6i:•Y;;:} : .:...:}:ii: :•iiiiiii::::i:::y'i'.:}•i:viJi::i::ii•i::i:::iiii::ii:::i:i as t . ::::a:l :ter:::of`:: edit: e:;; : .. ...,;;,. >.<:.. ...;;.....:. :.:...::::.....f.::::::.:::..::::.;..;:::': :. l ......:a €so of ' ok :: stixr.€al ::<1 Ql :.:;.:::: ::: x agePi f.bo t. VI. Plan B Improvements. The Developer has not petitioned the City for the installation of any Plan B improvements. VII. General. (A) Violation of Provisions of Agreement. In the event the Developer violates any of the covenants and agreements herein contained and to be performed by the Developer, the City has the option to commence an action for specific performance requiring the Developer to comply with the covenants and agreements, and the Developer agrees that the City shall be entitled to all administrative costs, out-of-pocket expenses and reasonable attorney's fees in connection with said action. (B) Binding Effect. The terms and provisions hereof shall be binding upon and insure to the benefit of the representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed on record so as to give notice to subsequent purchasers and encumbrances of all or any part of the subdivision and all recording fees shall be paid by the Developer. JJT140192 SH235-04 5 Upon the filing of a release from the City, all agreements contained herein shall thereafter be inapplicable to any property covered by said release. (C) Notices. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices,demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City - City Administrator City Hall 129 Holmes Street South Shakopee, MN 55379 If to the Developer - Valley Green Business Park 5240 Valley Industrial Boulevard South Shakopee, MN 55379 .. .... ...::•::::::isi:::::;::istii::isi:ii:;::::i::ti::{i<,,,,'���,11!a�t�::::r%::::•.::::::::::::ti�••'::::::;•'..•..•:;;::::::�}}.��i0::'.}•:::::: (D) Release of Developer's Agreement. Upon completion or partial completion of Plan A Improvements, the City may release all or a portion of the cash, letter of credit or performance bond deposited under Paragraph V (B), retaining 125% of the City Engineer's estimate of the cost to complete the improvements, provided however, that the Developer submit a Maintenance bond guaranteeing said improvements for a period of one year after final acceptance by the City. Should the Developer fail or refuse to submit to a Maintenance Bond as provided herein, the City may retain some or all of the cash or letter of credit as security for the one year written guarantee as provided in Paragraph V(G)(4). Should the certified letter of credit be for such a period of time so as to preclude its use under this paragraph, the City is authorized to draw against such letter of credit at any time to complete said improvements or to make such repairs or additions as would be provided under the one year written guarantee when, in the judgement of the City, the City determines that the Developer is not going to complete such improvements or make such repairs. (E) Incorporation by Reference. All City of Shakopee Design Criteria, Standard Specifications, including bonding provisions,the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made part of this Agreement by reference as fully as if set out herein full. JJT140192 514235-04 6 (F) Trunk Stormwater Fees. The Developer shall have no obligation to pay any Trunk Stormwater fees associated with the Subdivision. The Developer shall construct at its sole expense any trunk stormwater facilities included in the approved storm sewer improvement plans. (G) Trunk Water Fees. The developer shall pay all trunk water fees. VIII. Payments to the Park Fund in Lieu of Land Dedication. In accordance with the authority provided by the Shakopee City Code, Section 12.07, Subd. 5, the Developer and the City acknowledge that there is due and payable to the City, as a payment in lieu of land dedication, $4500 the sum per acre for Lot 2, Block 2A mit >:a: r s :a .•,'::':.;..:::.:.,ent of ...,...:..:::::.:....::::.: iirot time f e:itthe bilk hn ':: i : . ,.;:::.. ;.,.;:.:::;.iali ::•:>:<::::> :. �t ?�. :��:;�'�.,. °��.r ::'.�',he amount of ark dedicatio fees A for Lot 1, Block 1; Lot 1, Block 2• and Lot 1, Block :<::::..;,::....: :-;::-: ,.::-:-;••;.:-::-:::-:;::.:.;:-;:.::-:;-;:.::-;;:-;:-;:-;:-;:-:.;:-;:-;ved .:::.�.� ::....::::::::::::............................... 3 !, ::>,:+ ? >:::•::-::::ate gotioloottmogootionot : ose p ls. A IX. Other Conditions of the City's Subdivision Approval Agreed to by the Developer. The Developer agrees to the following additional conditions: (A) The Developer shall comply with all conditions contained in Resolution No. 4874 approving the preliminary and final plats for the Subdivision. (B) The Developer acknowledges that Seagate Technology, Inc. ("Seagate") is proposing to construct a research and development facility on Lot 2, Block 2. The Developer agrees to cooperate with Seagate and to coordinate its grading and site development activities to minimize the developments costs incurred by Seagate. (C) The Developer acknowledges that it is obligated to pay all SAC/WAC charges relating to the Seagate facility to the extent that the cumulative SAC/WAC charges exceed $265,000, provided that construction of the Seagate building is completed by June 30, 1999. ...... .. .. .....:..': •p. :•iiiii:::. ..}}j:ii, :.3. .;-:'i;}•:n•:::-k;:n:•{..:.:.: ::::..}•:::::.i:.;.;.};.;:.;i:•i:•}:;i:6:4:•:i•�:tii••i::•ii:iii::.:i::iiri};•.}:}':::{.:{. the::> i'.::::::€t::< ::: v . .. . ..:-:>::>:::.::::::. .::::. .. . ::. ::: . ...:>:-: m• : i.: ::>::::::..;..:::::....:..:>::-.::....:>:� ;•::::..:.:::,:::.::.;:->::>:.:.:-::::.:-:->::.;::;-;e ..{.. j? :.. :..:..::.::1; ::.::;.v.:•:.:::••.}':•::.:".::}'.:::.;'.}:::}:.:}:•:ti•::4iii'•^'4i v+:i:::::i::i•:'•:i':ii'isii:•i:•y...ii:-ii:.i:•i:•ii:•::i:(:i:tiT JJT140192 SH235-04 7 IN WITNESS WHEREOF, The City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE By: Mayor By: City Administrator By: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 19 by Jon Brekke, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. Notary Public • JJT140192 SH235-04 8 Valley Green Business Park Limited Partnership, by Valley Green Business Park Inc., a Minnesota corporation, its general partner By Itg STATE OF CONNECTICUT ) ) SS. COUNTY OF '1 ) The foregoing instrument was acknowledged before me this day of , 1998 by 4diglZ , the '`t€ € nt of Valley Inc., a Minnesota corporation, as '�����"�'='°• Green Business Park, iP general partner of Valley Green Business Park Limited Partnership, a limited partnership, on behalf of the corporation and partnership. Notary Public JJT140192 SH235-04 9 Rev,9/94 ESCROW AND PAYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 by and between the City of Shakopee, a municipal corporation organized under the laws of the State of Minnesota, party of the first part, hereinafter referred to as "CITY"; party (whether one or more or whether same be an individual, corporation, partnership or any combination thereof), of the second party, hereinafter referred to as "DEVELOPER"; and a financial institution organized under the laws of the State of.Minnesota, United States of America,party of the third part,hereinafter referred to as "ESCROW AGENT" WITNESSETH: WHEREAS, CITY has, by Resolution No. , dated , given final approval to the Subdivision referred to as , situated in the City of Shakopee,Minnesota;and WEEREAS. CITY and DEVELOPER have entered into a Developer's Agreement, dated , 19 a copy of which is on file and of record in the office of the Scott County Recorder,Document No. ;and WIEREAS, Pursuant to said Developer's Agreement, Developer agrees to construct and install the improvements designated thereon as "Plan A Improvements";and WHEREAS, Developer has made arrangements with ESCROW AGENT to finance the construction and installation of said "Plan A Improvements"to assure sufficient funds to complete same. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained it is hereby agreed as follows: 1, ESCROW AGENT hereby represents and warrants that it has on deposit, in a separate account;or, has committed itself to lend to DEVELOPER upon such terms as ESCROW AGENT and DEVELOPER agree, the sum of, which amounts represents 125% of the cost of said "Plan A Improvements". 2. This sum is to be used for, and only for,payments relating to the "Plan A Improvements"pursuant to the above refereed to Developer's Agreement between CITY and DEVELOPER. This sum is intended to NHht-.51-i d lb•411 �.L. T-Tv _ , . protect the CITY and is for the use and benefit of the CITY to complete the Improvements according to CITY standards if DEVELOPER shall fail to complete the improvements according to the Developer's Agreement. The release of this sum is conditioned on saving the CITY harmless from all costs and charges that may accrue on account of completing the Improvements. In addition, this sum is intended to include sufficient funds to pay all persons fbrnishing labor or materials under the Developer's Agreement. This sum is security for the payment, as they become due, of all just claims for labor and materials, and for the performance and completion of the Improvements under the Developer's Agreement according to its terms. 3. Upon receipt of invoices for labor or material or other work performed or contemplated in said Developer's Agreement for "Plan A Improvements", which invoices are approved for payment by the CITY, ESCROW AGENT Shall pay said invoices. For all invoices not relating to work done by the CITY, ESCROW AGENT shall retain five percent (5%) thereof until completion of the project as set forth in Paragraph 3 hereof For all invoices for work done by the CITY, ESCROW AGENT shall pay the full amount. It is fully understood and acknowledged by and between CITY, DEVELOPER and ESCROW AGENT that approval for payment of invoices by the CITY DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE oflabor or materials supplied or performed represented by said invoices. 4. Upon completion of the "Plan A Improvements" as provided in said Developer's Agreement, the CITY Engineer on behalf of the CITY shall inspect said Improvements for compliance with the approved Plans and Specifications for such Improvements, and for compliance with CITY construction standards. If the improvements are acceptable, the CITY Engineer shall advise the ESCROW AGENT to pay to the appropriate contractor or vendors all retainages as above provided,together with such other final payments as per contract between DEVELOPER and its contractors and vendors. Upon acceptance of said improvements by the CITY, DEVELOPER shall provide the CITY with a one year maintenance bond guaranteeing workmanship and materials used in said improvements for one (1) year. The ESCROW AGENT shall be notified when the maintenance bond is received by the CITY from the DEVELOPER, and the ESCROW AGENT then shall release any funds remaining to the DEVELOPER If the DEVELOPER fails to provide the CITY with a one year maintenance bond,the ESCROW AGENT shall retain in an escrow account or on deposit the remaining funds. Said fiords shall be retained for one year as security for the guarantee of the workmanship and materials used in said improvements. After said warranty period, ESCROW AGENT shall, upon written notice thereof signed by CITY,release any such funds remaining to DEVELOPER 5. The 'Plan A Improvements" contemplated by this Agreement and the Developer's Agreement, upon completion and acceptance by the CITY, shall become municipal improvements to be held, managed and maintained by the CITY. Therefore it is essential that the materials used and the construction thereof be completed in accordance with the Developer's Agreement and the approved Plans and Specifications thereof on a timely basis. That upon failure of DEVELOPER to faithfully comply with the terms of said Developer's Agreement, or in the CITY's opinion that DEVELOPER is not making a good faith effort to timely complete said improvements, the CITY may, in addition to any other remedy it may have, enter upon the project and perform, or cause to have performed, any obligation of Developer under said Developer's Agreement, and to draw upon the funds above provided and held by ESCROW AGENT to make payment therefor. In the event said funds are insufficient to complete the 'Plan A Improvements" as contemplated by said Developer's Agreement, or in the event that the maintenance bond does not provide for said maintenance, the City may complete said Improvements in accordance with said Developer's Agreement and assess the additional cost I"IHk-3l-lyyti lb•14U thereof to the property benefited. The Developer hereby specifically waives the notice and hearing provisions of Chapter 429 and agrees with the City proceeding as above. 6. The DEVELOPER and ESCROW AGENT represent and agree that whether said amount of money referred to in paragraph one hereof is represented by Thuds on deposit with ESCROW AGENT or a loan from ESCROW AGENT to DEVELOPER, said amount of money is unconditionally pledged to a pursuant to the terms of this g payment DEVELOP Agreement; and, any bankruptcy, insolvency or other financial difficulty of ER, or default by the DEVELOPER under any agreements entered into by and between ESCROW AGENT and DEVELOPER shall not affect ESCROW AGENTS obligation to disburse said fiords pursuant to the terms of this Agreement. 7. DEVELOPER hereby warrants and states that DEVELOPER is the fee title owner of the real property upon which said "Plan A Improvements" are to be installed and constructed, or that the fee title owner has consented to this Agreement as evidence by the Consent attached to this Agreement. 8. The DEVELOPER may terminate this agreement, if other security described in the Developer's Agreement and satisfactory to the CITY is substituted for this Escrow. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk DEVELOPER ESCROW AGENT MRR-.i1-18 1b:41 OlG `i4J O 1 lU 1 .CJJCJJ STATE OF MINNESOTA) Corporate Acknowledgment ss COUNTY OF SCOTT ) On this day of , 19 , the foregoing instrument was acknowledged before me by , and , the Mayor, City Administrator and City Clerk respectively of the City of Shakopee, a municipal corporation, on behalf of the City of Shakopee. Notary Public My Commission expires STATE OF MINNESOTA) Corporate Acknowledgment ) SS. COUNTY OF On this day of , 19 the foregoing instrument was acknowledged before me by , of behalf of the Corporation. , on Notary Public My Commission Expires STATE OF MINNESOTA) Corporate Acknowledgment COUNTY OF ) SS. On this day of 19 , the foregoing instrument was acknowledged before me by and and of the institution. a lending institution, on behalf of the lending Drafted By: Notary Public City of Shakopee My Commission Expires 129 Holmes St. S. Shakopee,MN 55379 TAM1\JUDYIBASICESC TOTAL P.05 1s. 0. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Ordering Feasibility Report- 17th Avenue from 1/4 Mile West of CSAR 17 to CSAH 17 DATE: April 7, 1998 INTRODUCTION: Attached is Resolution No. 4880, which orders the feasibility report to be prepared for 17th Avenue improvements, from 1/4 mile west of County State Aid Highway (CSAH) 17 to CSAH 17 and for the extension of sanitary sewer and watermain to 17th Avenue. BACKGROUND: The City Council has recently approved a preliminary plat of Weston Ponds which is located west of CSAH 17 and south of future 17th Avenue. In order to provide access to this development, 17th Avenue must be constructed west of CSAH 17. The feasibility report will provide cost estimates on various alternatives to serve this area with sanitary sewer, watermain, storm sewer and street improvements. Also, this report will include concrete sidewalk, bituminous trail and turn lane improvements on 17th Avenue and CSAH 17 as necessary to service this area. If Council authorizes a feasibility report to be prepared, staff is recommending that Bolton & Menk be authorized in preparing the report. Also, staff would request authorization to have soil investigation work done to assist in the feasibility report and preliminary design. The cost to prepare the report by Bolton & Menk, Inc. is estimated not-to-exceed $4,500.00 and soil investigation work is estimated to be at $2,000.00. The soil investigation work may not be necessary if the soil boring data is sufficient to adequately estimate the subgrade work and pavement design section. Staff is recommending authorization to obtain soil investigation, in case it is necessary to obtain the data to properly estimate the costs. Staff has sent petitions to the adjacent property owners along 17th Avenue in order to request the City for a feasibility report and to show their support for this project. The petitioners are expected to be delivered before the Council meeting. Staff is recommending that the City Council initiate the feasibility report on its own and not rely on petitions. On Council initiated projects, the project needs an extraordinary Council majority in order to proceed while a petition initiated project requires only a single majority. Once the feasibility report is completed, staff will request the affected property owners to sign a petition and waiver of assessment hearing. The developer of Weston Ponds will be required to sign a petition and waiver of assessment hearing as part of final plat conditions. In order to complete this project in 1998, a feasibility report must be initiated at this time. Staff is recommending adoption of Resolution No. 4880. ALTERNATIVES: 1. Adopt Resolution No. 4880. 2. Deny Resolution No. 4880. 3. Table Resolution No. 4880 for a specific reason. 4. Move to authorize the appropriate City officials to execute a consultant contract with Bolton & Menk, Inc. for engineering services in preparing the feasibility report on 17th Avenue in an amount not-to-exceed $4,500.00. 5. Do not authorize the engineering services for Bolton&Menk on the proposed project. 6. Move to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project, from 1/4 mile west of CSAH 17 to CSAH 17. 7. Do not authorize to solicit quotes for soil investigation work. RECOMMENDATION: Staff recommends Alternative No. 1, No. 4 and No. 6 so that the proposed feasibility report for 17th Avenue Improvement Project can be initiated. ACTION REQUESTED: 1. Offer Resolution No. 4880, A Resolution Ordering the Preparation of a Report on an Improvement to 17th Avenue, 1/4 Mile West of County State Aid 17 to County State Aid Highway 17; and for the Extension of Sanitary Sewer and Watermain to 17th Avenue and move its adoption. 2. Move to authorize the appropriate City officials to execute a consultant contract with Bolton&Menk, Inc. for engineering services for the proposed 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17 Improvement Project in an amount not-to-exceed $4,500.00. 3. Move to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project. Bruce Loney Public Works Director BL/pmp MEM4880 RESOLUTION NO. 4880 A Resolution Ordering The Preparation Of A Report On An Improvement To 17th Avenue, 1/4 Mile West Of County State Aid Highway 17 To County State Aid Highway 17; And For The Extension Of Sanitary Sewer And Watermain To 17th Avenue WHEREAS, it is proposed to improve 17th Avenue, from 1/4 mile west of County State Aid Highway (CSAH) 17 to CSAH 17 by sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes and any appurtenant work; and for the extension of sanitary sewer and watermain to 17th Avenue and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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 411 .O I_TON & ,„, 'N K , , Consulting Engineers & Surveyors NC_ March 18, 1998 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX (612) 890-8065 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South • Shakopee,MN 55379-1351 RE: Estimate of Cost to Provide Professional Engineering Services 17th Avenue Utility and Street Improvements Feasibility Study Shakopee Project No. 98- BMI Project No. TC98.0054 Dear Mr. Loney: In accordance with Section I-C-2 (Major Projects) of our Agreement for Professional Services with the City of Shakopee, this extension agreement is written to provide you with an estimate of cost for professional engineering services for the above-referenced project. We are proposing to complete the feasibility study for this project on a cost reimbursable basis with a maximum cost- not-to-exceed of$4,500.00. We are available to commence the required engineering work as soon as authorized by the City, and we would anticipate submittal of the draft report to the city within two (2)weeks for your review and comment. The final feasibility study would be delivered to the City of Shakopee within three (3)working days of receipt of the city's comments. As part of this feasibility study, we do anticipate the evaluation of two (2)routing alternatives to serve the adjacent and benefitting properties with sanitary sewer. The City of Shakopee agrees to reimburse Bolton&Menk, Inc. (BMI) for these services in accordance with Section IV of the Agreement for Professional Services. If this extension agreement meets with your approval,please sign below and return one (1)of the two (2) enclosed copies to our office. Sincerely, B•LTON& ENK, INC. I/ames E. City Administrator Jo son, PE Office Manager City Clerk Enclosures (2) Mayor Date MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA An Equal Opportunity Employer LIBERTY, MO Alla3cDL._.-r-CDN & I\ N K Consulffng Engineers & Surveyors N C. March 18, 1998 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX(612) 890-8065 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1351 RE: Estimate of Cost to Provide Professional Engineering Services 17th Avenue Utility and Street Improvements Feasibility Study Shakopee Project No. 98- BMI Project No. TC98.0054 Dear Mr. Loney: In accordance with Section I-C-2 (Major Projects) of our Agreement for Professional Services with the City of Shakopee,this extension agreement is written to provide you with an estimate of cost for professional engineering services for the above-referenced project. We are proposing to complete the feasibility study for this project on a cost reimbursable basis with a maximum cost- not-to-exceed of$4,500.00. We are available to commence the required engineering work as soon as authorized by the City, and we would anticipate submittal of the draft report to the city within two (2)weeks for your review and comment. The final feasibility study would be delivered to the City of Shakopee within three(3) working days of receipt of the city's comments. As part of this feasibility stud , we do anticipate the evaluation of two (2)routing alternatives to serve the adjacent and y benefitting properties with sanitary sewer. The City of Shakopee agrees to reimburse Bolton&Menk, Inc. (BMI) for these services in accordance with Section IV of the Agreement for Professional Services. If this extension agreement meets with your approval,please sign below and return one (1)of the two (2) enclosed copies to our office. Sincerely, BOLTON& INC 2e - - s E. Johnsion,PE City Administrator Office Manager City Clerk Enclosures (2) Mayor Date MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA An Equal Opportunity Employer LIBERTY, MO aa. „„.,, ,„ PPS T J^ � ,��, Jib lir/ TOWLINE AVE. (7.:Br' 0 ->/ .ux nJ. ^O .., -� . f7 �-.. i`i y AW le A '' it'_ -IL:•�a�^:.iI11I IIIIIII�."!- • AL ►,NV.f i;i� t• ii1 is_b ,,� III bil im \ -■D- r,,T 11 P in efal / ir�p . P : 410 fe: � 1 C Ili a �m •.3�r%'.<•Inryi .u?'?`'��GD l 4. 11 Q ..- �'is.�r;lllll1 ii !"1 D m :7W No, U 1911111.T..%1ILt ��'��•' 111 vas LIF illitHI 111117:1 1\!11 _,.., „. � ,.. . . 4 ▪ � Oe�pwo,s eoov ..e uusq11 — F` 11111. CM ▪ 4i 1 1 1111 leir T - .T I W Srti.7;1r.P 0 frciao; n.; yr • ♦ tj�O O Y VI MAPLE TR , 2�c0�rr . [iL i,41 Guc�•- r�� YO uv � ._y�� •• 44, h`*L■1►►►•. ■rn1::.v. IF 4 • III©IIMit:1`6.1 ^� O111I4�•�40!,i • T < Vilt. ��,'�f V • xi Pi o 41 —0o 1044' IIIIIhiii-air \ oD I ---I I!till OL.u.... i bi .. a= 27/ 11 MAR-31-1998 16:20 PULTE HOMES OF MN 1 612 452 5727 P.02/02 CITY OF SHAKOPEE / , . D. / PETITION FOR PUBLIC IMPROVEMENTS Date x/31/9b We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee,for the following public improvements: • Sanitary sewer,watermain,storm sewer,street,concrete sidewalk,bituminous trail,street lighting and turn lanes on 17th Avenue, 114 mile west of CSAR 17 to CSAR 17 and for the extension of sanitary sewer and watermain to 17th Avenue. In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. TITfON'FR L1rQAL DESCRIPTION PUL-Ft P011466 Or/14/AMJESDIN aP.F, Wi55-1DNI f?:1? 173: PI PVCrbz- /.) 2 I hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. Circulator pet.sa TOTAL P.02 TOTAL P.02 Apr 03,1998 08:37AM FROM CJM FINANCIAL CORP TO 4456718 P.01 DAVID B. POLACEK ATTORNEY AT LAW. CPA 700 LUMBER EXCHANGE BLDG, 10 SOUTH 5T STREET MINNEAPOLIS,MINNESOTA 55402 TCL: C012)371-0331 FAX: (512)371-0077 TO: IFJ/l(.,C DATE: ../J3 Jq COMPANY: C I T T of. 541 Lori L. PAY f: `VyJ'6 718 PRONE NVXNZR: PROM: David B. Polacek RBTURN TAX NUMBER: (612)--371-0077 or (612)-305-4389 This Par totals eZ page(s) inclusive of the cover sheet REGARDING: Pi,rr� ri4e.sc►-f?=L PPi)D c i2 /Ivt. Apr 03199B 08:37AM FROM CJM FINANCIAL CORP TO 4456718 P.02 From:Join Chad»tcrdliddn To:Da.4d 8.Polacak Oars 3r37/9e Time:8:15:70 PM Paps 2 012 MOR-31-1996 1538 612 445 6718 P.22/02 CITY OF SHAKOPEE PETITION FOR PUBLYC IMPROVEMENTS Dave We, the undersigned, owners of the following described rcalrb utting on the posed improvement aad benefitted ,y, hobby petition the City property, 'la of the City of Shakopee,for the following public imptovmnenta: Sanitary sewer,watermain,atom]sower,sheer,concrete aidewalk,biturninona trail,street lighting and turn lanes on 17th Avenue, 1/4 mile wet of CSAH 17 to CSAH 17 and fbr the extension of aanitaty sewer and watermain to 17th Avenue. In mag�petition the undergo:led understands that the Cityof pee, its employeegttami= the amount of an amans.�unt until a feasibility ante or of the improvements has beers prepared and accepted by City Council in=cordon=with MSA Chapter :rrou •.►•.: LaV • Noy of k„ NcJ y vf.,Ck_ • • . I hc.eby, verify that I circulated the above petition and that the above slgneturca of the property owners and petitioners were affixed in my pogrom pet.sa Citrttlslor TOTq.. P.02 2 TOTAL P.02 From:John Chadwick/Admin To:Bruce Loney Date:4/1/98 Time:9:54:02 AM Page 1 of 1 MAR-31-1998 1538 612 445 6718 P.02/02 CITY OF SRAKOPEE PETITION FOR PUBLIC IMPROVEMENTS Date 3/4/A7 • We, the undersigned, owners of the following described real property, abutting on the proposed improvemolt and benefitted thereby, hereby petition the City Council of the City of Shakopee,for the following public improvements: • • Sanitary sewer, wale main,storm sewer,street,concrete sidewalk,bituminous trail,street lighting and turn lanes on 17th Avenue, 1/4 mile west of CSAH 17 to CSAH 17 and for the extension of sanitary sewer and waterrnain to 17th Avenue. • In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LEGAL DESCRIPTION 4 Z.4 . • I hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. Circulator TOTAL P.02 2 Apr-01-98 10 : 04P Cal ' s Market/Chadwick Veg 612 403 0390 From:John Chadwick/Admin To:Cal Chadwick P.02 Oahe:3131199 Time:5:34:52 PM Page 2 02 MAR-31-1998 15:39 612 445 6718 P.02/02 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS Date 1/i/il We. the undersigned, owners of the following described real property, abutting on the proposed improvement and beaelitted thereby, hereby petition the City Council of the City of Shakopee,for the&!lowing public*caveman: n: Sanitary We"ef.%%termaini storm sewer,street,conorote sidewalk,bituminous trail.street lighting and turn lanes on 17th Avenue. 1/4 mile west of CS.AH 17 to CSAR 17 and for the extension of sanitary sewer and waternrain to 17th Avenue. In making this petition the undersigned tmdcrstands that the City of Sh o its employee cannot guarantee the amount of an agents or • improvements has been p��and aasoastttent until a feasibility study of the A29eccoptod by City Council in accordance with MSA Chapter manzamR LEGAL DESCRTP710N dege".91_,e (A. 0, ' I hereby. Verify that I circulated the above petition and that the above signatures of the ptopaty owners and petitioners were affixed in my presence. nce. pet.sa Cit�tlaoor TOTAL P.02 2 /S. a Z CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Southbridge 1st Addition Wetland Replacement DATE: April 7, 1998 INTRODUCTION: Valley Green Business park Limited Partnership has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991, as amended. Attached for Council consideration is Resolution No. 4881, a resolution approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnerhsip. BACKGROUND: The Wetland Replacement Plan, as proposed by Valley Green Business Park Limited Partnership, would fill in approximately 3.46 acres of wetland. These impacted wetlands are proposed to be replaced by constructing 12.00 acres of replacement. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan, with revisions. (Attached is a copy of the letter sent to the applicant regarding the TEP's findings and recommended revisions. This letter was not yet signed by all members of the TEP, prior to distribution of the City Council packet for the meeting on April 7, 1998. A signed copy of this letter will be "on the table", prior to the Council meeting.) The Wetland Replacement Plan is being proposed to accommodate the proposed development of Southbridge 1st Addition. ALTERNATIVES: 1. Adopt Resolution No. 4881. 2. Deny Resolution No. 4881. 3. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4881, A Resolution Approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership and move its adoption. Irt � J Joel Rut erford Assistant City Engineer JAR/pmp MEM4881 RESOLUTION NO. 4881 A Resolution Approving A Wetland Replacement Plan For Valley Green Business Park Limited Partnership WHEREAS, the City has received a Wetland Replacement Plan from Valley Green Business Park Limited Partnership for Southbridge 1st Addition; and WHEREAS, the Technical Evaluation Panel (TEP) has recommended revisions to the Wetland Replacment plan to reduce the proposed impacts to the wetlands on the site; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan, as revised by the TEP, compiles with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS, the TEP reviewed the proposed Replacement Plan, as revised, and considered the public values, location, size and type of wetland being altered and recommended approval of the revised Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan, as revised, is hereby approved. 2. Approval of this revised Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. 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 April 3, 1998 Jon Albinson Valley Green Business Park Limited Partnership 5240 Valley Industrial Blvd. S. Shakopee, MN 55379 RE: Wetland Replacement Plan Southbridge 1st Addition Dear Mr. Albinson: This letter is intended to document the Technical Evaluation Panel (TEP) findings of fact on the Wetland Replacement Plan for the above referenced development. The Replacement Plan and associated documentation was distributed to all the TEP members in order to provide each an opportunity to review and provide comments. The following summarizes the findings of the members of the TEP: The TEP hereby finds, in regard to the proposed Wetland Replacement Plan for the Southbridge 1st Addition located in the City of Shakopee, Minnesota that: 1. The materials submitted by Valley Green Business Park Limited Partnership constitutes a complete application. This application shall be considered complete as of the date of approval hereof of all TEP members. 2. The findings/recommendations of the TEP to the City Council of the City of Shakopee, acting in its capacity as the Local Governmental Unit (LGU) responsible for implementing the WCA, based on the requirements as set forth in the Wetlands Conservation Act (WCA) of 1991 as amended, are as follows: Basins: 5-MS, 6-SM, 7-WS Findings/Recommendation: The Technical Evaluation Panel (TEP) concurs with the findings of the wetland delineator that these basins no longer meet the hydrology criteria to classify these basins as wetlands. Page 1 The applicant/developer will be restoring the hydrology to these basins by diverting water around Dean Lake. By restoring the wetland areas, the applicant is eligible to receive credit towards the wetland losses proposed for other areas of the development. Because the applicant will be reimbursed by other agencies for a portion of the costs to construct the diversion, the applicant will receive a pro- rated amount of credit. Based on the agreement between the developer and the agencies contributing to the cost of the diversion, the applicant will receive only twenty percent (20%) of the credit. Wetlands: 8-WS, 22-WS,B-1,B-13, B-4, 11-MS/B-2, 17-MS, 18-MS Findings/Recommendation: The TEP believes proper sequencing was carried through with the development, and that these wetland impacts could not be reasonably avoided or reduced. The TEP believes the information provided with the application adequately describes the reasons these wetlands could not be avoided. Wetlands: 12-MS/B-14, B-7,B-8 Findings/Recommendation: The TEP believes these wetland impacts could have been reduced, or even eliminated, by shifting the intersection of the collector road and future County Road 21 to the east. The applicant indicated this connection could not be moved because of the intersection spacing requirements of the Scott County Highway Department. Wetland: 15-MS Findings/Recommendation: The TEP believes the impacts to this wetland could be reduced by either constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts to the east and southeast portions of the wetland can be eliminated, and should therefore not be allowed. The TEP also believes the filling shown on the west side of the wetland could be reduced from 0.06 acre, to 0.03 acre. Page 2 Wetland: 16-WS Findings/Recommendation: The TEP believes the impacts to this wetland could be reduced by either constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts shown on the west side of this wetland could be reduced from 0.10 acre, to 0.05 acre. Wetland: 14-MS Findings/Recommendation: The TEP believes impacts to this wetland could be eliminated, only if the street system in this area were totally realigned. The applicant did provide alternatives to the roadway alignment, and these alternatives did show even more impacts to the wetland, than what is proposed. The TEP believes other alternatives would reduce the impacts, but would require the elimination of some of the lots. Because of the proposed impacts, an assessment of this wetland was completed to determine if the proposed wetland replacement areas would have greater value than wetland 14-MS, if wetland 14-MS were left alone. Based on this assessment, the TEP believes the replacement wetland will be a higher quality wetland, and that the replacement wetland will provide better benefits than wetland 14-MS. Based on this assessment, and utilizing "sequencing flexibility", the TEP believes the impacts are reasonable, and meet the intent of the Wetland Conservation Act. Wetland: 24-MS Findings/Recommendation: The impacts to this wetland are a result of setback requirements to the normal high water level of Dean Lake. Without these setback requirements, the house pad could be located more in the center of the lot, or more towards the north side of the lot. By relocating the house pad, the driveway for the house could be constructed without impacting the wetland. The TEP does believe, however, that the impacts to this wetland could also be eliminated by either shifting the west property line slightly, constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts shown to this wetland can be eliminated, and should therefore not be allowed. Page 3 Wetland: 25-MS Findings/Recommendation: Like wetland 24-MS, the impacts to this wetland are a result of setback requirements to the normal high water level of Dean Lake. Without these setback requirements, the house pad could be located more in the center of the lot, or more towards the north side of the lot. By relocating the house pad, the driveway for the house could be constructed without impacting the wetland. The TEP believes impacts to this wetland could be eliminated, only if this lot were left alone as an unbuildable lot. However, an assessment of this wetland indicates the proposed replacement wetland will be more desirable than wetland 25-MS, and provide better benefits than wetland 25-MS. Based on this assessment, and utilizing "sequencing flexibility", the TEP believes the impacts are reasonable, and meet the intent of the Wetland Conservation Act. A summary of the recommended impacts and replacement areas is attached. These findings/recommendations are based on review of the material which was submitted, and a site inspection by at least one TEP member. We, the undersigned member of the TEP agree with Items 1 through 2 as stated above, and concur with the recommendation to the City Council of the City of Shakopee Phil Belfiori Peter Beckius Joel Rutherford BWSR SWCD City of Shakopee Date of Last Signature Attachment - Summary of Wetland Impacts/Replacement JAR/pmp WETLAND Page 4 TABLE 1 WETLAND IMPACT SUMMARY (As Revised by TEP) Wetland Classification Area Wetland Circular Cowardin* Impacted Type Impact T e A 8-WS 6 PSSIC 0.13 Fill of entire degraded wetland for housing pad grading. 11-MS/B-2 4 PEMF 0.05 Narrow band of fill from collector road side slope. Collector road was widened from previous design due to local ordinance. 12-MS/B-14 6.7 PSSIC,PEMC 1.6 Roadway and side slope fill. Impacts PEMF required by local transportation standards. 14-MS 4 PEMF 0.26 Roadway impacts from side slopes and grading for storm water control. 15-MS 4 PEMC 0.06 Grading to control surface runoff. 16-WS 3 PEMC 0.05 Fill footprint from a house pad and grading to direct storm water runoff into street. 17-MS 4 PEMC 0.13 Road and side slope fill. Basin formed wetland characteristics after being excavated for fill during construction of NSP structure. 18-MS 7 PFo 1 C 0.05 Grading for runoff control and housing pad elevation. 22-WS 7 PFo1C 0.44 Fill footprint extending into steep-sloped basin from road and housing construction. Soils in basin partially subsided,indicating wetland degradation from dry-down. 24-MS 3 PEMC 0.11 0.08 acre from roadway grading,remainder due to grading for house pad and runoff control. 25-MS 3 PEMC 0.00 TEP recommends no impacts to this wetland TABLE 1 WETLAND IMPACT SUMMARY Page 2 Wetland Classification Area Wetland Circular Cowardin* Impacted Impact Type B-1 2 PEMA 0.13 Filled as part of grading to provide storm water control,and two house pads. B-4 2 PEMA/PEMB 0.12 Road impact from collector street. B-7 2 PEMA/PEMB 0.05 Road impact from collector street,impacts required to minimize impacts to Dean Lake Wetlands. Wetland impacts due to required terminus of collector street. B-8 2 PEMA/PEMC 0.25 B-13 6 PEMCd/PSS 1 Cd 0.03 Hydrologically impaired basin filled for local roadway construction that avoided wetland B-5 entirely. 3.46 TOTAL Note: Wetland 12-MS/B-14 extends beyond property boundaries. All impacts to this wetland occur upland from ordinary high water level(747.MSL)for Dean Lake. * Predominant classification listed first. WETLAND REPLACEMENT (As revised by TEP) Wetland Classification Approximate Circular 39 Cowardin et al.* Acres Notes I 1 PEMA/PEMB/PEMD 1.25 Transitional zones to other wetland,buffer areas, swales. 0.5 to 1.5 feet above designed water elevation. 2 PEMC/PEME/PEMF 1.69 Areas at designed water elevation,+/-0.5 feet 3 PEMC/PEMY/PEMZ 1.68 Substrate for type 3 wetlands up to 2 feet below designed water elevation. 4 PEMH/PAB3 0.6 Substrate in type 3/4 wetlands 2 feet and more below designed water elevations. 5 OW Not Steep-sided deeper pockets within type 4 calculated wetlands,storm water ponds. 6 PSS1B/PSS1C 0.6 Plantings to restore disturbed woody areas, seasonally exposed areas between other wetland types at lower elevations,and for visual screenings along berms and wetland transitions. 7 PFo 1 C/PFo 1 K 0.49 Plantings along berms and waterways. Visual screening for areas adjacent to Dean Lake wetlands(Wetland 12-MS/B-14). 5.69 Public Value Credits(wetland buffers and restoration of basins 5-MS,6-SM,and 7-WS. Note that only 20%credit is allowed for restoration of these basins because 80% public funds are being used to restore them.) 6.31 Total wetlands created 5.69 Total Public Value Credit Key to Abbreviations 12.00 Total Replacement(12.00/3.46=3.4:1) P= Palustrine A= Temporary Flooded EM= Emergent Vegetation B= Saturated FO= Forested C= Seasonally Flooded SS= Scrub-Shrub Vegetation 1 = Broad-leaf Deciduous Vegetation D= Seasonally Flooded H= Permanently Flooded Well-drained AB= Aquatic Bed E= Seasonally Flooded Saturated 3= Rooted Vascular Vegetation F= Semi-Permanently Flooded H= Pernamently Flooded J= Intermittently Flooded K= Artifically Flooded OW= Open Water Y= Saturated Semi-Permanent/Seasonal Z= Intermittently Exposed Permanent )S, 0, (72 SHAKOPEE April 8, 1998 Jon Albinson Valley Green Business Park Limited Partnership 5240 Valley Industrial Blvd. S. Shakopee,MN 55379 RE: Wetland Replacement Plan Southbridge 1st Addition Dear Mr. Albinson: This letter is intended to document the Technical Evaluation Panel (TEP) findings of fact on the Wetland Replacement Plan for the above referenced development. The Replacement Plan and associated documentation was distributed to all the TEP members in order to provide each an opportunity to review and provide comments. The following summarizes the findings of the members of the TEP: The TEP hereby finds, in regard to the proposed Wetland Replacement Plan for the Southbridge 1st Addition located in the City of Shakopee,Minnesota that: 1. The materials submitted by Valley Green Business Park Limited Partnership constitutes a complete application. This application shall be considered complete as of the date of approval hereof of all TEP members. 2. The findings/recommendations of the TEP to the City Council of the City of Shakopee, acting in its capacity as the Local Governmental Unit (LGU) responsible for implementing the WCA, based on the requirements as set forth in the Wetlands Conservation Act (WCA) of 1991 as amended, are as follows: Basins: 5-MS, 6-SM, 7-WS Findings/Recommendation The Technical Evaluation Panel (TEP) concurs with the findings of the wetland delineator that these basins no longer meet the hydrology criteria to classify these basins as wetlands. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 • 612- N-6501• FAX 612-445-6718 The applicant/developer will be restoring the hydrology to these basins by diverting water around Dean Lake. By restoring the wetland areas, the applicant is eligible to receive credit towards the wetland losses proposed for other areas of the development. Because the applicant will be reimbursed by other agencies for a portion of the costs to construct the diversion, the applicant will receive a pro- rated amount of credit. Based on the agreement between the developer and the agencies contributing to the cost of the diversion, the applicant will receive only twenty percent(20%) of the credit. Wetlands: 8-WS,22-WS, B-1, B-13, B-4, 11-MSB-2, 17-MS, 18-MS Findings/Recommendation: The TEP believes proper sequencing was carried through with the development, and that these wetland impacts could not be reasonably avoided or reduced. The TEP believes the information provided with the application adequately describes the reasons these wetlands could not be avoided. Wetlands: 12-MS/B-14,B-7, B-8 Findings/Recommendation: The TEP believes these wetland impacts could have been reduced, or even eliminated,by shifting the intersection of the collector road and future County Road 21 to the east. The applicant indicated this connection could not be moved because of the intersection spacing requirements of the Scott County Highway Department. Wetland: 15-MS Findings/Recommendation: The TEP believes the impacts to this wetland could be reduced by either constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts to the east and southeast portions of the wetland can be eliminated, and should therefore not be allowed. The TEP also believes the filling shown on the west side of the wetland could be reduced from 0.06 acre, to 0.03 acre. Page 2 Wetland: 16-WS Findin�s/Recommem ation The TEP believes the impacts to this wetland could be reduced by either constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts shown on the west side of this wetland could be reduced from 0.10 acre, to 0.05 acre. Wetland: 14-MS Findings/Recommendation: The TEP believes impacts to this wetland could be eliminated, only if the street system in this area were totally realigned. The applicant did provide alternatives to the roadway alignment, and these alternatives did show even more impacts to the wetland, than what is proposed. The TEP believes other alternatives would reduce the impacts, but would require the elimination of some of the lots. Because of the proposed impacts, an assessment of this wetland was completed to determine if the proposed wetland replacement areas would have greater value than wetland 14-MS, if wetland 14-MS were left alone. Based on this assessment, the TEP believes the replacement wetland will be a higher quality wetland, and that the replacement wetland will provide better benefits than wetland 14-MS. Based on this assessment, and utilizing"sequencing flexibility", the TEP believes the impacts are reasonable, and meet the intent of the Wetland Conservation Act. Wetland: 24-MS Findins/Recommendati :n The impacts to this wetland are a result of setback requirements to the normal high water level of Dean Lake. Without these setback requirements, the house pad could be located more in the center of the lot, or more towards the north side of the lot. By relocating the house pad, the driveway for the house could be constructed without impacting the wetland. The TEP does believe, however, that the impacts to this wetland could also be eliminated by either shifting the west property line slightly, constructing retaining walls, reducing the house pad size, building a different style of home, or a combination of these design features. The TEP believes the impacts shown to this wetland can be eliminated, and should therefore not be allowed. Page 3 Wetland: 25-MS Findings/Recommendation Like wetland 24-MS, the impacts to this wetland are a result of setback requirements to the normal high water level of Dean Lake. Without these setback requirements, the house pad could be located more in the center of the lot, or more towards the north side of the lot. By relocating the house pad, the driveway for the house could be constructed without impacting the wetland. The TEP believes impacts to this wetland could be eliminated, only if this lot were left alone as an unbuildable lot. However, an assessment of this wetland indicates the proposed replacement wetland will be more desirable than wetland 25-MS, and provide better benefits than wetland 25-MS. Based on this assessment, and utilizing"sequencing flexibility", the TEP believes the impacts are reasonable, and meet the intent of the Wetland Conservation Act. A summary of the recommended impacts and replacement areas is attached. These findings/recommendations are based on review of the material which was submitted, and a site inspection by at least one TEP member. We, the undersigned member of the TEP agree with Items 1 through 2 as stated above, and concur with the recommendation to the City Council of the City of Shakopee Art 'hil Belfiori � Pet- � -ow �� .eckius Joel R therford BWSR SWCD City of Shakopee Date of Last Signature_zgp,_,L/ 7 5 8 Attachment- Summary of Wetland Impacts/Replacement JAR/pmp WETLAND Page 4 TABLE 1 WETLAND IMPACT SUMMARY (As Revised by TEP) Wetland Classification Area Wetland Circular Cowardin* Impacted Type Impact T e P 8-WS 6 PSSIC 0.13 Fill of entire degraded wetland for housing pad grading. 11-MS/B-2 4 PEMF 0.05 Narrow band of fill from collector road side slope. Collector road was widened from previous design due to local ordinance. 12-MS/B-14 6.7 PSSIC,PEMC 1.6 Roadway and side slope fill. Impacts PEMF required by local transportation standards. 14-MS 4 PEMF 0.26 Roadway impacts from side slopes and grading for storm water control. 15-MS 4 PEMC 0.06 Grading to control surface runoff. 16-WS 3 PEMC 0.05 Fill footprint from a house pad and grading to direct storm water runoff into street. 17-MS 4 PEMC 0.13 Road and side slope fill. Basin formed wetland characteristics after being excavated for fill during construction of NSP structure. 18-MS 7 PFo1C 0.05 Grading for runoff control and housing pad elevation. 22-WS 7 PFo1C 0.44 Fill footprint extending into steep-sloped basin from road and housing construction. Soils in basin partially subsided,indicating wetland degradation from dry-down. 24-MS 3 PEMC 0.11 0.08 acre from roadway grading,remainder due to grading for house pad and runoff control. 25-MS 3 PEMC 0.00 TEP recommends no impacts to this wetland TABLE 1 WETLAND IMPACT SUMMARY Page 2 Wetland Classification Area Wetland Circular Cowardin* Impacted Impact Type B-1 2 PEMA 0.13 Filled as part of grading to provide storm water control,and two house pads. B-4 2 PEMA/PEMB 0.12 Road impact from collector street. B-7 2 PEMA/PEMB 0.05 Road impact from collector street,impacts required to minimize impacts to Dean Lake Wetlands. Wetland impacts due to required terminus of collector street. B-8 2 PEMA/PEMC 0.25 B-13 6 PEMCd/PSS 1 Cd 0.03 Hydrologically impaired basin filled for local roadway construction that avoided wetland B-5 entirely. 3.46 TOTAL Note: Wetland 12-MS/B-14 extends beyond property boundaries. All impacts to this wetland occur upland from ordinary high water level(747.MSL)for Dean Lake. * Predominant classification listed first. WETLAND REPLACEMENT (As revised by TEP) Wetland Classification Approximate Circular 39 Cowardin et al.* AcresI Notes 1 PEMA/PEMB/PEMD 1.25 Transitional zones to other wetland,buffer areas, swales. 0.5 to 1.5 feet above designed water elevation. 2 PEMC/PEME/PEMF 1.69 Areas at designed water elevation,+/-0.5 feet 3 PEMC/PEMY/PEMZ 1.68 Substrate for type 3 wetlands up to 2 feet below designed water elevation. 4 PEMH/PAB3 0.6 Substrate in type 3/4 wetlands 2 feet and more below designed water elevations. 5 OW Not Steep-sided deeper pockets within type 4 calculated wetlands,storm water ponds. 6 PSS1B/PSS1C 0.6 Plantings to restore disturbed woody areas, seasonally exposed areas between other wetland types at lower elevations,and for visual screenings along berms and wetland transitions. 7 PFo 1 C/PFo 1 K 0.49 Plantings along berms and waterways. Visual screening for areas adjacent to Dean Lake wetlands(Wetland 12-MS/B-14). 5.69 Public Value Credits(wetland buffers and restoration of basins 5-MS,6-SM,and 7-WS. Note that only 20%credit is allowed for restoration of these basins because 80% public funds are being used to restore them.) 6.31 Total wetlands created Key to Abbreviations 5.69 Total Public Value Credit 12.00 Total Replacement(12.00/3.46=3.4:1) P= Palustrine A= Temporary Flooded EM= Emergent Vegetation FO= Forested B= Saturated SS= Scrub-Shrub Vegetation C= Seasonally Flooded D= Seasonally Flooded I = Broad-leaf Deciduous Vegetation H= Permanently Flooded Well-drained AB= Aquatic Bed E= Seasonally Flooded Saturated 3= Rooted Vascular Vegetation F= Semi-Permanently Flooded H= Pemamently Flooded J= Intermittently Flooded K= Artifically Flooded OW= Open Water Y= Saturated Semi-Permanent/Seasonal Z= Intermittently Exposed Permanent /sp. 5 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Award Contract for Southbridge Parkway Project No. 1997-4 DATE: April 2, 1998 INTRODUCTION: This item is on the Council agenda for possible consideration in awarding the contract for the construction of Southbridge Parkway, Project No. 1997-4, and a memo on the table will be presented to City Council after the bid opening. The bid opening has been scheduled for April 3, 1998 and a tabulation of these bids cannot be done in time to be included in the Council agenda packet. Also, staff has been working on completing agreements between the developers of Southbridge 1st Addition and the City of Shakopee for the public improvement project, in which the developers need to provide a Letter of Credit Security for the assessments on this project. Per the City Attorney, an agreement needs to be entered into so that the City has the legal right to use the Letter of Credit Security being provided by the developers. The Letter of Credit Security will be based upon the bids received and include a 5% contingency and 25% engineering/administration indirect costs. It will also include costs to install street lighting, the completion of the road connections to future C.R. 21 and a temporary traffic control signal at Southbridge Parkway and C.R. 18. The developers will provide a Letter of Credit for 75% of the assessments estimated for their development. A separate Letter of Credit will be provided for the restoration and landscaping contract which is anticipated to be completed and awarded in 1 -2 months. This memorandum is intended to inform City Council of the status of this project. Staff is intending on providing City Council with the tabulation of bids, a recommendation on the low bidder on this project and also provide an executed agreement from the three developers and Letter of Credit amounts to cover the assessments associated with this project. If the agreements or Letter of Credits are not provided by any of the developers, this item will not be on the Council agenda for April 7, 1998. Bruce Loney Public Works Director BL/pmp INFO CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Pthlic Works Director SUBJECT: Southbridge Partway Collector Street&Utilities Project No. 1997k-4 DATE: April 7, 1998 INTRODUCTION: This item is to consider awarding the bid for Project No. 1997-4, Southbridge Parkway Collector Street & Utilities Improvements. BACKGROUND: On April 3, 1998, bids were opened for the Southbridge Parkway Collector Street & Utilities Improvement Project which consists of sanitary sewer, watermain, storm sewer and street construction for Southbridge Parkway Collector Street within the East Dean Lake Planned Unit Developmen i. This development is being developed by Valley Green Business Park, Shakopee Crossings and Minneapolis Foundation. This project was petitioned by these developers for the City to construct under a 429 Special Assessment Project. The bids were opened and tabu ated and the bids are as follows and as shown on the attached resolution. BIDDER AMOUNT S.M. Hentges & Sons, Inc. $2,851,854.12 Richard Knutson, Inc. $2,877,877.93 Ryan Contracting, Inc. $2,929,304.60 Latour Construction, Inc. $2,939,168.68 Arcon Construction, Inc. $2,997,298.81 Barbarossa& Sons, Inc. $3,037,462.00 Brown& Cris, Inc. $3,189,203.95 Northwest Asphalt, Inc. $3,326,993.13 S.R. Weidema, Inc. $3,241,173.68 Northdale Construction, Inc. $3,370,398.78 C.S. McCrossan, Inc. $3,416,711.35 Park Construction Co., Inc. $3,479,431.30 After tabulating the bids, the ow bidder was S.M. Hentges & Sons, Inc., with Richard Knutson, Inc. 2nd and Rya Contracting, Inc. being 3rd. The low bid amount of $2,851,854.12 is $500,000.01 under the engineer's estimate, thus the bid received is acceptable from a cost standp int and S.M. Hentges & Sons, Inc. has done work for the City of Shakopee in the past. In order to award a contact for his project, staff is recommending the following items be completed first: 1. Approval of Wetland R placement Plan for Southbridge First Addition. 2. Approval of prelimina plat for Southbridge First Addition. 3. Execution of temporary -asements for the construction of Southbridge Parkway. 4. Execution of agreemen for construction of Southbridge Parkway between the City and developers. 5. Execution of Irrevocable Letter of Credits for 75% of the developer's assessment. Item No.'s 1 and 2 are on the A pril 7, 1998 Council agenda for approval, prior to the award of contract for Southbrid;e Parkway. If one of these items is not approved, it may affect whether or not to award t - contract. Item No. 3 is necessary in ord: to construct the improvements. The developers have provided temporary easement• to the City and staff is reviewing the easement descriptions for verification of 1• ation. Items No. 4 and 5 are necess. in order to provide the City security in covering the estimated assessments for this project. Since no developer's agreement has been proposed as of yet, it is necess. , per the City Attorney, to have a separate agreement for Southbridge Parkway in order or the City to utilize the Letter of Credit Security, if necessary. The developers has i dicated that by Tuesday's meeting, the agreements and Letter or Credit will be delivered o the City. Attached with this memorandum or Council review are the following documents: • Agreement for the const ction of Southbridge Parkway with Letter of Credit forms. • Extension Agreement wit WSB &Assoc., Inc. for construction engineering services such as surveying contract administration and inspection. • Assessment Calculation S ary from WSB & Assoc., Inc. based on the low bid received. • Bid proposal clarification letter from Bret Weiss of WSB & Assoc., Inc. to Gary Zajac of S.M. Hentges & Sons, Inc. • Letter from William Joyce of Faegre & Benson representing Richard Knutson, Inc. on the bids. Executed agreements with the developers are anticipated to be delivered by the Council meeting along with the Letter of Credits Security. Staff did revise the assessment amounts from the feasibility report to the low bid. The revised assessments were based upon the low bid plus 5% contingency, 25% engineering/administration costs, future street connection to CSAH 21 Ind future temporary traffic signal at Southbridge/C.R. 18 intersection. The assessments were recalculated to each developer as follows: !Developer Assessment Total 75% Letter Credit Amount Valley Green $1,018,018.00 $ 763,513.50 Shakopee Crossing $1,643,379.00 $1,232,534.25 Minneapolis Foundation $ 486,411.00 $ 364,808.25 Staff did recalculate the City's larticipating costs with this project and the costs for the bituminous trail and oversizing of sanitary sewer have decreased as well. On the extension agreement with WSB & Assoc., Inc., staff will provide one inspector and perform some of the contract administration. However, due to the size and complexity of this project, staff .s recommending assistance in the area of inspection and contract administration as necessary and for WSB & Assoc. to perform all of this surveying work. The cost for these services is estimated to be $285,000.00 with almost all of the costs to be assessed to the developers. The letters from Bret Weiss am] William Joyce are in regard to the bids and award of contract. These letters have beer sent to the City Attorney for review and he has not had time to give an opinion on this matter. It is expected the City Attorney will have an opinion by tomorrow's City Council meeting. ALTERNATIVES: 1. Authorize the appropriate City Officials to execute the agreement for the construction of Southbridge Parkway between the developers of Southbridge First Addition and the City of Shakopee. 2. Do not authorize previous mentioned agreement. 3. Accept the low bid and a. .pt a resolution awarding the contract to S.M. Hentges & Sons, Inc. 4. Reject the low bid and aw. d the bid to another bidder. 5. Reject all bids and rebid. 6. Authorize a 5% continge y amount for use by the City Engineer in authorizing change orders or quantity a i justments on this project. 7. Authorize the appropriate (ity Officials to execute an extension agreement with WSB & Assoc., Inc. for construc on engineering services on Southbridge Parkway, Project No. 1997-4. 8. Table for additional inform.tion. RECOMMENDATION: Staff recommends Alternative o.'s 1, 3, 6 and 7 if the Wetland Replacement Plan and preliminary plat of Southbridge I irst Addition is approved prior to award of contract. ACTION REQUESTED: 1. Authorize the appropriate C y Officials to execute the agreement for the construction of Southbridge Parkway be een the developers of Southbridge First Addition and the City of Shakopee. 2. Offer Resolution 4883, A Resolution Accepting bids on Southbridge Parkway Collector Street, Utilities an Appurtenant Work within the East Dean Lake Planned Unit Development, Project .. 1997-4 and move its adoption. 3. Authorize a 5% contingenc amount for use by the City Engineer in authorizing change orders or quantity adj stments on this project. 4. Authorize the appropriate Cii, Officials to execute an extension agreement with WSB & Assoc., Inc. for constructi.i engineering services on Southbridge Parkway, Project No. 1997-4. /e€44ee Bruce Loney Public Works Director BL/pmp MEM4883 SOLUTION NO. 4883 A R solution Accepting Bids On Southb idge Parkway Collector Street, Utili ies And Appurtenant Work Within The Eas Dean Lake Planned Unit Development Project No. 1997-4 WHEREAS, pursuant to . i advertisement for bids for the Southbridge Parkway collector street,utilities and appurtenant wor within the East Dean Lake Planned Unit Development, Project No. 1997-4, bids were received, o ,ened and tabulated according to law, and the following bids were received complying with the a vertisement: S.M. Hentges & Sons, Inc. $2,851,854.12 Richard Knutson, Inc. $2,877,877.93 Ryan Contracting, Inc. $2,929,304.60 Latour Construction, Inc. $2,939,168.68 Arcon Construction, Inc. $2,997,298.81 Barbarossa& Sons, Inc. $3,037,462.00 Brown & Cris, Inc. $3,189,203.95 Northwest Asphalt, Inc. $3,326,993.13 S.R. Weidema, Inc. $3,241,173.68 Northdale Construction, Inc $3,370,398.78 C.S. McCrossan, Inc. $3,416,711.35 Park Construction Co., Inc. $3,479,431.30 AND WHEREAS, it appe. . that S.M. Hentges & Sons, Inc., P.O. Box 69, Jordan, MN 55352 is the lowest responsible bidd. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNES I TA: 1. The appropriate City .fficials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons Inc. in the name of the City of Shakopee for Southbridge Parkway collector street, utilities an. appurtenant work within the East Dean Lake Planned Unit Development according to the plans . d specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is ereby authorized and directed to return forthwith to all bidders the deposits made with their bids except that the deposits of the successful bidder and the next lowest bidder shall be retained unti a contract has been signed. Adopted in ses ion of the City Council of the City of Shakopee, Minnesota, held this day of 1998. Mayor of the City of Shakopee ATTEST: City Clerk Apr-06-98 01:31pm From-KENNEDY & GRAVEN +3379310 T-964 P.02/09 F-453 AGREEMENT RE: CONSTRUCTION OF SOUTHBRIDGE PARKWAY THIS AGREEMENT, made • d entered into this day of between the City of Shakopee, a mu i 'cipal corporation organized under the laws of the State o9 Minnesota ("City") and Shakopee Crossings imited Partnership, a Wisconsin Limited Partnership ("Shakopee Crossings"). RECITALS 1. Shakopee Crossings i. a co-developer along with Valley Green Business Park Limited Partnership and The Minneapolis Fo ndation of a development known as the Southbridge Development ("Development"); 2. The legal descnption the property("Property") owned by Shakopee Crossings within the Development is attached as Exhibit A 3. Shakopee Crossings 11. submitted a petition to the City requesting the construction of a new collector street known as Southb dge Parkway that will be located within the Development; 4. The City is willing to undertake the construcrion of Southbridge Parkway as a public improvement project pursuant to M. nesota Statutes, Chapter 429 under the terms set forth in this Agreement. NOW, THEREFORE, in consi erasion of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agre: as follows: I. Definitions. As used in this •greement the term "Project" means the construction of a new collector street within the De opment from new County Road 18 to future County Road 21, including all the following item as shown on the approved plans on file with the City Engineer for the Project: (1) a collector road ay including subgrade preparation, permanent surfacing, right-of- way grading or berm constru on, traffic signing, and sidewalks; (2) trunk sanitary trunk sanitary sewer extensio ; (3) storm sewer; (4) trunk watermain and trunk w-termain extension; and (5) street lights. II. Ownership Warranty. Shakopee Crossings warrants that it is the fee owner of the Property. III. Petition. Shakopee Crossings • • petitioned the City for the installation of the Project and has agreed that the cost of the Projec be assessed against the Property. IV. The Public Improvements. The Project will be instituted, constructed and financed pursuant to M.S.A. 429 Improvement Projec • as follows: C.unuaL.wArEMPNAlauli.IV Cooarum SousormOoek' _,•$naso rao P� MW 4A Waco C U-95 000 Apr-06-98 01:31pm From-KENNEDY & GRAVEN +3379310 T-964 P.03/09 F-453 (A) Construction Plan :.nd Approval Thereof. The city has engaged a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specif_cations, and a cost estimate for complete installation of all the Public Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to the Shakopee Public Utilities Manager, when required. (B) Initiation. Prior to execution of this Agreement, Shakopee Crossings has submitted to the City Council a Petition as provided for by M.S.A. 429.031 subdivision 3, requesting that the Public Improverr ems be made and assessed against the property pursuant to the provisions of paragraphs IV (E) (1) through N (E) (4) of this Agreement. (C) Construction. The Praject shall be administered and constructed, in all respects, as other City improvements n ade pursuant to the provisions of M.S.A. Chapter 429 and other applicable statutes. That is: 1) The City shall have sole responsibility for administration of the Project, 2)The Citi will not he responsible for meeting any completion dates scheduled by Shakopee Crossings and shall not be responsible for any damages as a result of delays in the Project, 3) The Project shall allow for any increase in project cost as permitted by M.S.A. 429 (i.e. 125% of estimated costs), 4) Shakopee Crossings and its engineers acknowledge that any changes or any additional work required shall be approved by the City. (D) M.S.A. 429 Special Assessment Procedyres. If the City Council orders installation of the Project with the cost to be assessed against the benefited properties, Shakopee Crossings agrees to pay such assessments on the following terms and conditions: (1) Waiver of Objections To and Right of Appeal from Assessment Shakopee Crossings agrees to, and hereby does, waive and release (a) any and all objections of erery kind to any assessment levied by the City pursuant to this Agreement, including, without limitation, objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefore, objecions resulting from failure to fully comply with any applicable stature, and objections to the amount of any assessment thereafter levied against the Property or ani other benefited property of Shakopee Crossings due to the Improvements sated herein, and (b) the fight to appeal, pursuant to applicable Minnesota Statutes, from any assessment levied pursuant to this Agreement. It is understood by die Shakopee Crossings that the City is doing this Project at the Shakopee Crossi-igs' request and for its convenience, and the City would not be constructing the Project without this waiver. (2) Construction After approval of final plans and specifications by the City Engineer, bids will be taken by the City and contracts awarded for the installation of the Project under the City's complete sipervision. C..nom..,gEa11'Aeua io Cuu.u,a Souiaa,oge Parry-a►rhvY au r wp a worn o U.YS doe 2 s Apr-06-98 01:31pm From—KENNEDY & GRAVEN +3379310 T-964 P.04/09 F-453 (3) Levy of Special Assessments and Required Prepayments The cost of tl_e installation of the Project, including any reasonable engineering, legal and administrative costs incurred by he City, shall be paid by Shakopee Crossings to de City as special assessments levied against the Property. Reference herein to special assessments shall be deemed to include, and shall include, all interest due thereon on accordance with M.S.A. 429. (4) Acceleration Upon Default In the event Shakopee Crossings fails to pay any installment of any special assessment levtd pursuant thereto, or any interest thereon, when the same is to be paid pursuant hereto. the City at its option, in addition to its rights and remedies hereunder, by written notice given to Shakopee Crossings, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in full, with interest. The City at its option, may demand immeaate payment thereof and immediately commence legal action against Shakopee Crossings to collect the entire unpaid balance of the special assessments then estimated or levied pursuant thereto, with interest, including reasonable attorneys fees, and Shakopee Crossings shall be personally liable for such special assessments, and, if more than one, such liability shall be joint and several. (E) Payment Method. Shaloopee Crossings shall submit to the City a certified letter of credit approved by the City Attorney made payable to the City of Shakopee upon which the City may draw, in the amount of $1,232,534.00. If Shakopee Crossings fails to pay any assessments, interest or penalty as the same come due, the City may draw on the letter of credit for any such amounts not paid. The letter of credit shall be renewed annually. If not renewed, the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be terminated upon payment of all assessments due on developer owned lots ani may be reduced to equal the actual amount of assessments due when 75% or more of the assessment has been paid. (F) Easements. Shakopee Crossings shall make available to the City, at no cost to the City, all permanent or temporary a asements through its Property necessary for the installation of the Project. V. General. (A) Violation of Provisions oi,AQreement. In the event Shakopee Crossings violates any of the covenants and agreement: herein contained and to be performed by the developer, the City has the option to commence an action for specific performance requiring Shakopee Crossings to comply with the covenants and agreements and Shakopee Crossings agrees C+.0...QEh1)' .M to Com..uufa.ow.Px-, Str►op.Cro,...p,=n worn 6.u-y5 arc 3 Apr-06-98 01:32pm From—KENNEDY & GRAVEN +3379310 T-964 P.05/09 F-453 that the City shall ie entitled to its administrative costs, legal costs, and reasonable attorney's fees in connection with said action. (B) Binding Ef ect The terms and provisions hereof shall be binding upon and inure to the benefit of the representatives, successors and assigns binding upon all futu.�e owners of all or any of the parries hereto and shall be covenants running wilt the land. Pmt °f the subdivision and shall be deemed (C) Not Any notices'ermined or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified o-registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance wilt the above. Addresses for the parties hereto are as follows: If to the City: City Administrator City Hall 129 Holmes Street South Shakopee, MN 55379 If to Shakopee Crossings: Nevac, Inc. 25 West Main Street, Suite 465 Madison, WI 53703 Atm: Bruce Neviaser/Mark Vacaro With copy to: Steven Soltau Shakopee Crossings 3601 Minnesota Drive, Suite 880 Bloomington, MN 55435 (D) Incorporation by Reference_ All City of Shakopee Design criteria, Standard Specifications, including bonding provisions, the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the Improvements furnished and let pursuant to this Agreen em shall be and hereby are made part of this Agreement by reference as fully as if set out herein full. (E) Restoration and LandscaFe Work. Shakopee Crossings and the City acknowledge that the street lighting, landscaping and restoration work relating to the Project are not parr of this Agreement and that the litter of credit required by this Agreement does not cover such work. The parties will ester into a subsequent agreement, secured by a separate letter of credit,relating to such wo:k. C�a n uwaTEMp�1�y a[ou„„ �s.....4s.pi y.Sk+a, Flaw o tYl)Ooc 4 Apr-06-98 01:33pm From—KENNEDY & GRAVEN +3379310 T-964 P.06/09 F-453 IN WITNESS WHEREOF, e City and Shakopee Crossings have caused this Agreement to be duly executed on the clay and year fi i.t above written. CITY OF SHAKOPEE By: Its Mayor By: Its City Administrator By: Its City Clerk STATE OF MINNESOTA ) COUNTY OF SCOTT ) SS. The foregoing instrument was •knowledged before me this day of 1998 b Jon Brekke,Mayor; Mark McNeill, Cit Administrator and Judith S. Cox, City Clerk of the City of y Shakopee,Minnesota, on behalf of sai City. Notary Public C':hvw0o.aiZPAfFyp IO1110MICtSo.tCCOUSCF'kwy.2Fuicu a,ya= • gM4.0-91.dx 5 Apr-06-98 01:33pm From—KENNEDY £ GRAVEN +3379310 T-964 P.07/09 F-453 SHAKOPEE CROSSINGS LIMITED PARTNERSHIP, a Wisconsin Limited Partnership By: Nevac, Inc.,its General Partner By: Its President STATE OF WISCONSIN ) ) SS. COUNTY OF DANE The foregoing instrument was ; vv ledge before me this day of 1998, b Bruce D. Neviaser the president of N ac,Inc., the general partner of Shakopee Crossings Limited y Partnership, a Wisconsin Limited P. ership, on behalf of the partnership_ Notary Public toyiour>1IEMPtAgi4110 COalmur1 Sou mmtgc Qckapp W444o 4oa 6 Apr-06-98 01:33pm From—KENNEDY & GRAVEN +33T9310 T-964 P.08/09 F-453 EXHIBIT A Property PARCEL A: The West One-Half of the Southeast 1 uarter of Section 11, Township 115,Range 22, Scott County, Minnesota, except that pan of the W.-t One-Half of the Southeast Quarter of Section 11,Township 115, Range 22, Scott County, Minnesota,1 'rig northerly of the following described line: Commencing at the southwest corner If said West One-Half of the Southeast Quarter; thence North along the west line of said West One-Half o the Southeast Quarter a distance of 992.09 feet to the point of beginning of the line to be described; ence deflecting to the right 94 degrees 13 minutes 30 seconds along the southerly line of the Northe States Power Company's easement to the east line of said West One-Half of the Southeast Quarter an• there terminating. PARCEL B: The Northwest Quarter of the Northe- , Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota lying northerly of the south '00.00 feet thereof. PARCEL C: Those pans of the East Half of the Soul,east Quarter of Section 11, Township 115,Range 22, the Northeast Quarter of the Northeast Q ter of Section 14, Township115, Range 22 The Northwest Quarter of Section 13, Township 115, •, - ge 22, and the Southwest of the Sou Southwest Quarter of Section 12, Township 115, Range 22, in Scott County, Minnesota, described as follows: Beginning at the northeast corner of the .outheast Quarter of Section 11; thence South 01 degrees 24 minutes 43 seconds West, on an assume' bearing, along the east line of said Southeast Quarter, a distance of 2134.73 feet; thence southeasterly 62 .14 feet along a non-tangential curve concave to the Southwest, said curve has a central angle of 15 degr es 40 minutes U7 seconds, a radius of 2275.00 feet and a chord bearing of South 52 degrees 19 minutes 4 seconds East; thence South 44 degrees 29 minutes 51 seconds East, tangent to last described curve, a d .tante of 753.66 feet; thence southwester) y along a non-tangential curve concave to the No ' west,said curve has a central angle of 05 degrees 187eminutes 34 seconds, a radius of 2158.53 and a chord!Dearing of South 45 degrees 24 minutes 22 seconds West; thence North 44 degrees 29 minutes 51 seconds est a distance of 754.00 feet; thence northwesterly 567.78 feet along a tangential curve concave to the S r uthwest, said curve has a central angle of 15 degrees 40 minutes 40 seconds and a radius of 2075.00 feet; ence South 29 degrees 55 minutes 5I seconds West a distance e‘wutao..,remtua•,w Cotbaun Souioonagc fts ,.ia.top.•QoscaBp, wo 6.0-,$aoc 7 Apr-06-98 01:33pm From—KENNEDY & GRAVEN +3379310 T-964 P.09/09 F-453 of 410.85 feet; thence South 00 de. ees 09 minutes 18 seconds East, a distance of 1064.29 feet to the north line of Scott County Highway I- '2M-of-Way Per Document No.366002; thence westerly along said north line of Scott County Highway -ight-of-Way to the west line of the Northeast Quarter of the Northeast Quarter of Section 14; ill- ce North 00 degrees 04 minutes 33 seconds East a distance o 1110.23 feet along said west line of e Northeast Quarter of the Northeast Quarter, to the northwests corner of said Northeast Quarter of �e Northeast Quarter; East a distance of 2635.83 feet aloe. the west lineofthe East One Half of the Soe h minutes 47er seconds Section 11 to the north line of said S utheast Quarter; 89 degrees utheast Quarter of East, along the north line of said Sou east Quarter a distance of 1327.08 feet fl 3 minutes 35 secondsthe point of gn Except that part contained in Scott C ,u.nty's Highway Right-of-Way Per Document No. 315593.tnrung. EXCEPTING FROM THE ABOVE ARCELS,ANY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PROP a'TY: That part of the Southeast Quarter of ection 11, Township 115,Range 22, and that part of the Southwest Quarter of Section 12,Township 115, ' . 1 ge 22, Scott County. Minnesota, described as follows: Commencing at the southeast corner I said Section 11; thence north 00 degrees 55 minutes 49 seconds east, on an assumed bearing, along the east line of the Southeast Quarter of Section 11,a distance of 759.26 feet to the point of beginning; I ence north 72 degrees 18 minutes 32 seconds east, a distance of 40.69 feet; thence north 30 degrees 45 inutes 33 seconds east, a distance of 105.02 feet; thence north 24 degrees 53 minutes 39 seconds west, a •istance of 147.23 feet; thence north 88 degrees 14 minutes 22 seconds west, a distance of 320.77 feet thence south 24 degrees 18 minutes 39 seconds west, a distance of 137.54 feet; thence south 28 degrees 4' minutes 00 seconds east, a distance of 224.55 feet to the intersection with a line bearing south 7 degrees 18 minutes 32 seconds west from the point of beginning; in thence north 72 degrees 18 minutes 32 econds east, a distance of 250.34 feet to the point of beginning. g lr4alOwalEMMAdyy.w C80W YCI]OWM0081 t pt.. r'Sm►opac Cionamizw axa o"S 8 8 Apr-06-98 01 : 12P R P.02 - 350 WestwoodR.A.Muclsteadt,1'.ls. Lake Office firer A.Weiss,Wl.e, S'S 8441 Wayzata Boulevard f'cter ItWillenbring.P.F.Minneapolis, MN 55426 Donald W,Sterna,r.r. Ronald B.Bray,RE. AMMINIMMINOW &llssociates,Inc. 612-541-4800 FAX 541-1700 April 6, 1998 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying, Observation &Administration Services Southbridge Parkway City Project No. 1997-4 WSB Project No. 1084.01 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section 1-C-2 (Major Projects), this extension agreement is written to provide for construction surveying, observation and administration services for the above-referenced project. 'l'hc surveying needs for this project will include computations to complete a radial stake-out,establishment of horizontal and vertical control,grade staking, utility storm sewer and street staking,and development of cut sheets and computations by the crew chief. The construction observation needs will involve one observer provided to the project to work in conjunction with the allocated City inspector. The construction administration phase will involve completing all contract-related work including attendance at weekly meetings, approval of all pay vouchers and change orders, and day-to-day dealings with field personnel. We arc proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware,construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently,the engineering costs for the construction phase will be determined according to the actual hours necessary to complete the project,however, we have estimated a fee of approximately$285,000. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB & Associates, Inc. -E),"17s4)4,„t-z- Bret A. Weiss, P.E. Vier President City Administrator City Clerk Mayor Date Infrastructure Engineers Planners mum.O1'I'OR'r11N1'I Y EMPLOYEh rlwpwlMros+nnnauae.p0.,4 LijjIiipLi lii!;! O / O tLLII % LU LL W o O TI Cl i.111 if ��{///jyjyj�/..��� w Y O ,''4' LU ° U N J ? M U 0I i' Z,11 ZO in �'r ', O 0 z 0, w z Uw0 �� U 'azz o o o U Ov�g z 0 0 ro U V o 0 14'4' U o 2 U O of �` W - co CI VI U q> 5 W coil n,V w wW U d t C� CD W (0U ,a N m ¢69 w N d in 04 (•V)'' Wm69 O 'C.. 69 t O Z w CO Oy/ . ' p Q , Qa O o O o UNU :' W 0) rn ok a ni NZ v ZTr S ck F- D o I tellfil 69 N W U3 69 a N J C W 7 m i Li-o -+ Q O ^Oi O OO co ' W Z N03 O a O a 0 N`h qF- n o fy4 v am c ^ _ fi i= N a 0 Y c N W W i m o. 6 W d o O MC ¢ � 0 U _o 00 o in c n a ro rn v t O C iO y O witfit;i:a a- z Z ° ¢ F. O �� yk` p � O �u N ° 0 1.4�� a ? w� w w c9 Z z : FWo 17 F' o E ` O � p 3 ? O w z + O E �CL ¢ W ¢ co U W W • 1,J0 SFO O CO �' p J # fi, Ce z O ° n��v~i• o �w v 63 H �U ¢ z F ¢ aw -' ate ¢ ' ¢ o rn w 0) 5 LLw2 .. �g� pa Z E N l0 O co a9-) O c` V Apr-06-98 10: 55A bo-vo-1» ., o v2• ore, , ,.M, ,.�.... P.O3 350 Westwood Lake Mice R ti idiudamk.p.t. But A 9imq 1.F. 8441 Wayzata Boulevard filet R.vc ;y`P.r` Minneapolis,MN 65428 Dom*/VE.&auxTC_ 612-541-4800 ��S. Pl. etiAtterittes,Irjc FAX 541-1700 April 3, 1998 Mr. Gary Zajec Project Manager S.M.Hewes do Sons,inc. 650 Quaker Avenue PO Box 69 lorden MN 5S352 Re: Bid Proposal Ctarifcation Strout Construction,Utilities&Appurrcnant Work Southbridge Parkway City of Shakopee Project No. 1997-4 WSB Project No. 1084.00 Dear Mr.Zajac: Bids were aeeeived today for the above-virferenced project,with your firm posting the meet low bid. In reviewing your bid,we noted three items that appear to be potentially inaccurate. most; three iters are as follows: Item 36-Temporary Retaining Wall,his a listed emit price of S0,01 as the lump sum hid price. The majority of the bidders had S30.000 to$60,000 for this item. The City fully intends to utilize this item during the construction of the abovo-rcfcre ced project. hem. 45 - Rock Excavation, has a listed unit price of $0.01 per cubic yard hid price. The specification states that rock excavation may or may not be necessary on this project, The contractor shall provide a bid price that allows the City to use as much or as little rock excavation as necessary to complete the project. horn 46 - Granular Foundation Material, has a listed unit price of 50.01 per ton bid price. The specification states that the contractor shall provide a bid price that allows the City to use as much as hey to complete the utility installation. You and I spoke this morning on these three bid inerts regarding the City's concern with the bid prices Propos by your company. I discussed that the City fully intends to utilize these bid items within the context of the contract. You noted that you understood and were confidant with your bid prices, Please sign this letter below to confirm your agreement with the bits items and your understanding that City intends to utilize these items within the contract. We must receive your rrwrwtruo¢•000rooMgx,*v.l Zaire stract mr Engineers Planners 1iQUA1 OrrinitTlINM EMP(1)1£2 Apr-06-98 1O: 56A 1�4—Y70-1770 t7.J. rw, , ,.v, ...v.... P.04 Apr-03-98 O1:64P P_03 Mr. Gary Zajac Project Manager S.M./letups&Sons,Inc. Jordan MN April 3. 1998 Page 2 signature on this letter prior to the April 74 bid award or we wi l I not move forward with the award of this project. Please give inc a call at 541.4800 if you have any questions or comments regarding this letter. Thank you for your consideration. Sincerely, Ned &Associates.Ina -- 1..431- ill"— Btu A.Weiss,P.E. Vice President c; Bruce Loney,City of Shakopee Mark McNeill,City of Shakopee inn Gary 24,11 S. M. Hentges& Sons,Inc. Date t 1WArNn;ta..Ocgow'-1v-rod TOTAL P.03 FROM FAEGRE & BENSON (MON) 4. 6' 98 15: 18/ST. 15: 17/NO. 4261654528 P 2 FAEGRE & BENSON LLP 2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA 55402-3901 TELEPHONE 612-336-3000 FACSIMILE 612-336-3026 WILLIAM R.10YCB 6191336.3306 April 6, 1998 SENT VIA FAX AND U S— • MAIL Mr. Bruce Loney Public Works Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Re: Southbridge Parkway, City Project No. 1997-4 Dear Mr. Loney: Representatives of Richard Knutson, Inc. ("RKI")have contacted me regarding an irregular bidding process in connection with the Southbridge Parkway project, City Project No. 1997-4. From what I have been told and been able to review it appears that the City is about to award work to S.M. Hentges ("Hentges") even though a review of the bid at opening reveals it is irresponsible and non-responsive to the bid documents issued to all competitive bidders. As RKI is the lowest, responsive bidder, we request that the competitive bidding laws of Minnesota be followed and RKI be awarded this project. The invitation to bids expressly states that the City Council will not blindly award contracts to those read low when the bids are opened. Instead the invitation states that the Council will "determine whether a bid is responsive or non-responsive." The City Council also reserves the right to "make a bid award to the lowest and most responsible bidder as determined by the City Council." Hentges' bid is both non-responsive and irresponsible. First, we have been informed that Hentges has already discussed with the project architect and city engineering department that its pricing for a retaining wall is based on an alternative design not contemplated by the bidding documents. The project' special provisions included a descriptive design that requires piles and sheeting (including toe-depth), tiebacks, waters wood lagging (if applicable) and all connections. Section 36 of the special provisions also contains additional design details that the city requested the bidders consider and price in their lump sum bid. Hentges has informed the city engineering staff that it wants to build the project by alternative means, which may include the use of trench boxes. Minneapolis Denver Des Moines London Frankfurt Alniaty FROM FAEGRE & BENSON (MON) 4. 6' 98 15: 18/ST. 15: 17/NO. 4261654528 P 3 . Mr. Bruce Loney April 6, 1998 Page 2 By accepting Hentges' pricing for an alternative design, the city is allowing one bidder to bid based on a different scope than all other bidders. Under Minnesota public bidding laws, this is unlawful. Carl Bolander& Sons Co. v. Ci of Minneapolis 451 N.W.2d 204 (Minn. 1990); see Coller v. Ci of St. Paul 26 N.W.2d 835 (Minn. 1947); Sutton v. Ci of St. Paul. 48 N.W.2d 436(Minn. 1951). The bidding laws require that public bidding documents be specific and describe a design that each contractor prices so that the competitive bids can be compared on an"apples to apples" basis. Allowing one contractor to act as a design-builder for a portion of the project and price the alternative design, creates a bidding process where not all contractor's are able to bid on the identical scope of work. Hentges gains the advantage of developing an alternative, less costly design and pricin a design none of the other bidders know anything about. g The law requires that public contracts be awarded to the lowest, responsive bidder. Any bids read low that are later deemed non-responsive should be rejected by Shakopee, and the award of the contract should be made to the next lowest bidder who is responsive to the bid documents. In this case, the next lowest bidder who was responsive in every material to the bid documents is RKI. way Hentges' bid should also be rejected because it is either a non-responsive unbalanced bid or an irresponsible bid. See McKni ht Constr. Co. Inc. v. De artment of Defense 85 F.3d 565, 567(11th Cir. 1996). Even if the city refuses to allow Hentges the right to modify the design for the retaining wall,the fact is that the design contemplated in the bid documents cannot be built for one cent. Yet that is what Hentges has bid for the lump sum price for this work activity. In order to develop the penny price for the retaining wall, Hentges did one of two things. 1) Hentges unbalanced its bid, giving retaining wall while also pricing other work athigher prices ex ect n evag thunit belibly lowprice an thbe the engineer for those other work activities to be lower than the ctual units of work estimateds by performed; or 2)Hentges submitted an irresponsibly priced bid. The public bidding laws also prohibit awards to contractors who unbalance their bids and fail to price the work in accordance with the instructions in the bidding documents. Bidders are instructed to review the plans and specifications and provide unit prices that will be assumed to fairly compensate them for the work on the project. Any incidental work necessary to perform the unit price work is to be considered and included in the pricing of unit price work. Hentges obviously ignored these bidding requirements and bid the work witho any analysis of the actual costs it would incur in performing the work. ut If Hentges' bid is not unbalanced, then Hentges has bid the work in an irresponsible manner, since no contractor can reasonably perform the retaining wall work specified for one penny. As you know the successful bidder must also be a responsible bidder the city can FROM FAEGRE & BENSON (MON) 4. 6' 98 15: 19/ST. 15: 17/NO. 4261654528 P 4 Mr. Bruce Loney April 6, 1998 Page 3 count on to perform the contract work under the terms of the contract documents. See Fol Bros. Inc. v. Marshall 123 N.W.2d 387 e retaining wall work can be responsibly (Minn. 1963). No one can conclude that the erformed or one penny. submitted a responsible or a responsive bid and itsf fbid should be re?herefore,Hentges has not jRKI's bid is both responsive and contains responsible pricing for building the retaining nwall, KJ should be awarded the project. g RKI Please have city attorney Mr. Thompson review this letter immediately. We are confident that if Hentges' bid is analyzed under Minnesota law, the bid will be found to b irresponsible and unresponsive. We await word from you that the work has been ro e p P� awarded to RKI and any further action with regard to bid protests can be avoided. IY .Very truly yours, Wil 'am R. Joyce WRJ:pje cc: Sheri Jo Boyum M2:20163369.01 ,U4JUO/.NG n�1 U1( ItlIrGUuulrf IULU r 4— 0—•70 r IJ•JJ r Dik, 14:4Y t'1S.d O1: J:7V JUY1 Q IL07UOJ40-' C�LCIiK� t3JrrvVry Qi L 44J 47/ 10100 c uux FAEGRE & BENSON LLP 3 2200 NORWIZsr CENTER, 90 SOUTH SEVENTH S I • Mn 41ADOLIS,MINNESOTA 15402001 _ TELsrwoNe E1$-1353ooe FAQ:M..1LE e12-33a-202e w7u]MsA Joys April 6, 1998 SENT Fs YAkaz Mr.Bruce Loney Public Works Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Re: S9lt hluldrtr Parkway trl�.,p; •,.7 . .17_4 Dear Mr.Loney: • Representatives of Richard Knutson,Inc. '� irregular bidding ( RK•1') have contacted me regarding an ding process in connection with the Southbridge Parkway project,City Project No. 1997-4. Prom what I have been told and been able to review it appears,that the City is about to award work to S.M. Hentges ("Hcntges") even thou a review e bid opening reveals it is irresponsible and non-responsive to the bid documents issued toat all competitive bidders. As RCI is the lowest, responsive bidder,we request that the com eti bidding laws of Minnesota be followed and RKI be awarded this proJject. P rive The invitation to bids contracts thane read lows expressly states that the City Council will not blindly award the bids are opened. Instead the invitation states that the Council will"determine whether a bid is responsive or non-responsive" The CityC also reserves the right to"make Council 8h a bid award to the lowest.and most responsible bidder as determined by the City,Council." Hentges' bid is both non-responsive and irres onse ' First, we have been informed that Hentges has alreadydi , P 1ble. city engineering department that its pricing for a retaining wall is based on aproject te architect and design not contemplated by the bidding documents. The project' special provisions i e a descriptive design that requires piles and sheeting (including toe-depth).tiebacks,w eluded wood I (' PP avers, inS if a licable) and all connections. Section 36 of the special provisions also contains additional design details that the city requested the bidders consider andrice lump sum bid. Hentges has informed the cityen in their project by alternative may include the umeans,which Bto P use .staff that it wants to build the 9e staff boxes. Minneapolis Denver Des Moines London Free A1mxsy =VI DT.Aerox lelecopler ruLu , w— o—ao , i,.JJ , .04/08/08 MON 14:46 FAX 612 336 3021 FABGRE & BENSUN uiLoauoowo> oiL ww� orio,* aYJ UVO • Mr. Bruce Loney April 6, 1998 Page 2 By accepting Hentges'pricing for an alternative design,the city is allowing one bidder to bid based on a different scope than all other bidders. Under Minnesota public bidding laws, this is unlawful. Carl Bolander& S ns Co v C iMinneepolis, 451 N.W.2d 204 (Minn 1990);egg Colley .vCiiv of St Jlad,26 N.W.2d 835 (Minn. 1947);Button v. City of St.Paul,48 N.W.2d 436(Minn. 1951), The bidding laws require that public bidding documents be specific and describe a design that each contractor prices so that the competitive bids can be compared on an"apples to apples'basis. Allowing one contractor to act as a design-builder for a portion of the project and price the alternative design, creates a bidding process where not all contractor's are able to bid 4)n the identical scope of work. Hentges gains the advantage of developing an alternative, less costly design and pricing a design none of the other bidders know anything about. The law requires that public contracts be awarded 1 o the lowest, responsive bidder. Any bids read low that are later deemed non-responsive st.ould be rejected by Shakopee, and the award of the contract should be made to the next 1owe,st bidder who is responsive to the bid documents. In this case, the next lowest bidder who was responsive in every material way to the bid documents is RKI. Hentges' bid should also be rejected because it is either a non-responsive unbalanced bid or an irresponsible bid. Bo McKnight Conti. Co:,Inc. v. Dco_ar_treent of Defense, 85 P.3d 565, 567(11th Cir. 1996). Even if the city refuses to allow Hentges the right to modify the design for the retaining wall,the fact is that the design contemplated in the bid documents cannot be built for one cent. Yet that is what Hentges has bid for the lump sum price for this work activity. In order to develop the penny price for the retaining wall,Hentges did one of two things. 1) Hentges unbalanced its bid,giving the city an unbelievably low price on the retaining wall while also pricing other work at higher prices expecting the units estimated by the engineer for those other work activities to be lower than the actual units of work performed; or 2)Hentges submitted an irresponsibly priced bid. The public bidding laws also prohibit awards to contractors who unbalance their bids and fail to price the work in accordance with the instructions in the bidding documents. Bidders are instructed to review the plans and specifications and provide unit prices that will be assumed to fairly compensate them for the work on the project. Any incidental work necessary to perform the unit price work is to be considered and included in the pricing of unit price work. Hentges obviously ignored these bidding requirements and bid the work without any analysis of the actual costs it would incur in performing the work. If Hentges' bid is not unbalanced,then Hentges hal bid the work in an irresponsible manner, since no contractor can reasonably perform the rea:aining wail work specified for one penny. M you know the successful bidder must also be a:'esponsible bidder the city can VLIYI UT .AefUX IUIrGUNlrf /ULU r 4— U-40 r 1 .J(.1 r 04/06/88 MON 14:46 FAX 812 336 3021 FAEGRE & BRNyUN uicuauuJ4u� ult 44u ullurh * lea us,r Mr. Bruce Loney April 6, 1998 Page 3 • count on to perform the contract work under the terms of the contract documents. Sso goley lamanzalmoball 123 N.W.2d 387 (Minn. 1963). No one can conclude that the retaining wall work can be responsibly performed for one penny. Therefore,Hentges has not submitted a responsible or a responsive bid and its bid shculd be rejected. Again, since RKI's bid is both responsive and contains responsible pricing fox building the retaining wall,RK[ should be awarded the project Please have city attorney Mr. Thompson review this letter immediately. We are confident that ifHentges' bid is analyzed under Minnesota law, the bid will be found to be irresponsible and unresponsive We await word from you that the work has been properly awarded to RICE'and any f irther action with regard to bid protests can be avoided. Very truly;lours, r, 31, WilliR. Joyce WRJ:pje cc: Sheri Jo Boyum 242:201413189.01 CITY OF SHAKOPEE 1s. . /. Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Criminal History Background Check Authorization- Ordinance 512 DATE: April 2, 1998 INTRODUCTION: The Council is asked to amend the City Code by adopting a new section, Section 2.41, authorizing criminal history background checks. BACKGROUND: The City has by practice performed driving record checks, and other reference checks on prospective employees prior to hire. There are also positions that need to have criminal history background checks done. This requirement is applicable to some positions, but not all; for example,youth part-time employees in summer park and recreation would not need to have that sort of investigation done. In discussing this with the City Attorney,he is recommending that the City Council authorize criminal history background checks be done for those positions where the conviction of a crime may directly impact particular types of job. A new section of City Code, Section 2.41 is being recommended for adoption. In addition, the Council is being asked to approve the use of revised authorization forms (shown in the attached pages as attachments B & C). The one entitled"General Authorization and Release"goes to a third party, such as the Minnesota Bureau of Criminal Apprehension(BCA). That form would need to be signed by the job applicant so that the BCA will release the information to the City. The other form(attachment C) "Authorization for Investigation"is a form that the City keeps so that there is a record of the prospective employee consenting to the investigation. RECOMMENDATION: We recommend that the Ordinance be adopted adding Section 2.41, and that the authorization releases be adopted for use by employment candidates for the City. ACTION REQUIRED: If the Council concurs, it should, by motion adopt the following forms: "General Authorization and Release Pursuant to Minnesota Statute 13.05, Subd. 4, Minnesota Data Practices Act" and "Authorization for Investigation" In addition, it should pass Ordinance No. 512 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, BY ADOPTING A NEW SECTION, SECTION 2.41 A Mark McNeill City Administrator MM:tw Mar-13-98 09:34am From—KENNEDY & GRAVEN 6123379310 T-248 P.01/02 F-918 KENNEDY & GRAVEN, CHARTERED 470 PILLSBURY CENTER MINNEAPOLIS, MN 55402 (612) 337-9300 FAX # (612) 337-9310 Date: March 13, 1998 Our File No.: SH155-23 TO: Mark McNeill FAX #: 445-6718 FROM: Jim Thomson Direct Dial #: (612) 337-9209 COMMENTS: RE: Ordinance Regarding Criminal History Background Check Enclosed is a copy of the proposed ordinance regarding criminal history background checks. You probably have already received one of these, but I am enclosing it in case you haven't. The ordinance authorizes the police department to conduct a criminal history background investigation on applicants who are finalists for paid or volunteer positions with the City. The investigation would only be conducted where the City Administrator determines that conviction of a crime may relate directly to the position sought. The primary reason for the ordinance is that the BCA requires it as a condition of providing criminal history background information. The secondary reason for the ordinance is to insure that the police department is implementing official City policy when they conduct the background checks. The background checks will not need to be done on all positions,just those where the conviction of a crime may relate directly to the position sought. Park and Recreation employees working with youths and police officers would be typical examples of where you would want to do the background checks. Let me know if you have any other questions. Number of pages including cover sheet: 2 If a problem arises, call Lucy Hadler at (612) 337-9280. NOTICE OF CONFIDENTIAL INFORMATION: This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipient(s) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. 470 Pillsbury Center Kennedy 200 South Sixth Street •_ Minneapolis MN 55402 (612) 337-9300 telephone Graven (612)337-9310 fax CHAR TER E ID e-mail:attys@kennedy-graven.com KAREN R. COLE Attorney at Law Direct Dial(612)337-9212 January 6, 1998 Mark McNeil City Administrator City of Shakopee 129 Holmes St. S. Shakopee, MN 55379-1376 Re: Criminal Background Checks Our File No.: SH155-24 Dear Mark: Jim Thomson asked me to address your questions about background checks for park and recreation employees. There is no legal requirement that the City run background checks on prospective employees, but it is probably wise to do so for adult job applicants. We do not believe, however, that it is necessary to obtain criminal background checks as to minor job applicants. Information on juveniles is not available from the juvenile courts or from the bureau of criminal apprehension. Criminal history information may be available from individual law enforcement agencies (such as municipal police departments) with a proper release; even with a release, however, some departments may not release information without a court order. Because information on the criminal histories of juveniles is so difficult to obtain, we do not believe it is necessary to run these checks. Greater reliance should be placed on other kinds of references and information in evaluating juvenile applicants. Several kinds of criminal history background checks are available from the bureau of criminal apprehension (BCA) for adults: a general state criminal history check, the child protection criminal history check and an FBI check. The child protection criminal history check is specifically designed for employees who work with children. We do not, however, recommend this check as it is less complete than the general state check, and requires the City to obtain additional information and to make extensive disclosures to the prospective employee. The KRC135627 SH155-24 Mark McNeil 2 Re: Background Checks January 6, 1998 general state background check is more complete and more easily obtained. The general state criminal history check costs $8.00 if done by the BCA; the FBI check costs $24.00 and requires that a fingerprint be submitted. Criminal background checks can also be obtained from the BCA through the City's police department. If checks are obtained through the police department, no fee is charged. If the police department is to perform the checks, however, the BCA requires that the City have an ordinance authorizing the checks. An ordinance that would satisfy this requirement is attached. (See Attachment A). (It is not necessary to adopt the ordinance if background checks are obtained directly from the BCA, rather than through the police department.) In order to obtain background checks, the City must also obtain the necessary authorizations from job applicants. These authorizations must comply with the requirements of Minn. Stat. Ch. 13, the Data Practices Act. We have reviewed the City's authorization forms, and have revised them to ensure compliance with Chapter 13. The revised forms explain in greater detail what background information may be obtained (as required by Minn. Stat. § 13.05, subd. 4). The revised forms also explain whether the information sought is legally required and explain the consequences of refusing to supply the data (as required by Minn. Stat. § 13.04, subd. 2). The revised authorization forms are enclosed. (See Attachments B and C). The City must also comply with the requirements of Minn. Stat. Ch. 364. That chapter precludes cities from considering certain criminal records: Records of arrest not followed by a valid conviction; Convictions which have been annulled or expunged; and Misdemeanor convictions for which no jail sentence can be imposed. Minn. Stat. § 364.04. In addition, if a City declines to hire a job applicant based solely or in part on his or her criminal record, the applicant must be notified in writing of the following: 1) The grounds and reasons for the denial or disqualification; 2) The applicable complaint and grievance procedure as set forth in section 364.06; 3) The earliest date the person may reapply for a position of public employment or a license; and 4) That all competent evidence of rehabilitation presented will be considered upon reapplication. Minn. Stat. § 364.05. KRC135627 SH155-24 Mark McNeill 3 Re: Background Checks January 6, 1998 We hope this information is helpful. Please let us know if you have any additional questions about this. Very truly yours, KENNEDY & GRAVEN, CHARTERED Karen R. Cole KRC:db Enclosure cc: Jim Thomson KRC135627 SH155-24 ATTACHMENT A ORDINANCE NO. 512 AN ORDINANCE OF THE CITY OF SHAKOPEE M CHAPTER 2, ADMINISTRATION AND G NIVESOTA, AMENDINGRNMENT NEW SECTION, SEC. TR GENERAL GOVERNMENT, CITY CODE , BY ADOPTING A .41. THE CITY CptJNCIL OF THE CITY OF SHAKOPE E, MINNESOTA, ORDAINS: SEC. 2.41 Criminal History Background Checks Sub�h Criminal Histor Back_round Checks Department is authorized to conduct a criminalAuthorized. on for positions with the City, historyThe Police as provided by this section. investigation tsection applies only to applicants who are finalists for paid or volunteer City, where the City positions withthe Administrator has determined that conviction of a crime may relate directly to the position sought. The Police Department background investigation unless the applicantP ent may investigation and to the release of the nveti' alion consents in not perform a Administratorwriting theo the and other City staff as is appropriate. information 's failureCity provide consent may disqualify applicantthe An applicant's to for the position sought. Suwired Disclosure solely or in If the City rejects the applicant's application Part, to the applicant's prior conviction of a crime, obecto due, exception set forth in Minnesota Statutes Section 364.09, the must notify applicantthe subject the in writing of the following: City Administrator a) the grounds and reasons for the rejection; b) the applicable complaint and grievance procedure set forth in Minnesota Statutes, Section 364.06; c) the earliest date the applicant may reapply for employment; and d) that all competent evidence of rehabilitation will be considered upon reapplication. KRC135279 SH155-24 i ATTACHMENT C Authorization for Investigation To: I' ,hereby agree and understand that I have submitted an application to the City of Shakopee for employment. I understand that I am not required by law to provide the information requested in the application. I further understand that the City may be unable to evaluate my suitability for employment if I decline to provide the requested information. I declare that the information I have provided in the application to the best of my knowledge is true and accurate. I authorize the City of Shakopee and/or its agents and/or representatives to investigate the information contained in the application and contact the persons and entities named therein. I authorize the City to conduct an extensive background investigation of my criminal, military, driving, employment and education histories. I understand that the information to be released about me may include: • All data which relates to my current or past employment including, but not limited to: performance evaluations; data regarding allegations or charges made against me, whether or not the allegations or charges resulted in discipline; and background investigations obtained by or conducted in connection with my employment; • Records created or maintained regarding myself relative to the conviction for any criminal act; • Education records collected, created or maintained because I am or was a student; and • Data related to my military service. I understand that the purpose of permitting the City of Shakopee to have access to this information is to determine my suitability for employment. I further understand that this information my subsequently be utilized for other purposes relating to my possible employment with the City, including verification of my records and analysis by consultants to the City who may review my suitability for employment. I hereby understand and agree that the information contained in support of my application for employment will be used by the City in accordance with Minnesota Statutes Chapter 13, and other federal, state, and local laws regarding privacy of records. KRC135279 SH155-24 This authorization is valid for a period of one year, but I reserve the right to cancel the written authorization by providing written notice to the City or to you of that fact. (Signature) (Date) Subscribed and sworn to before me this day of 1997. Notary Public KRC135279 811155-24 l5. g CITY OF SHAKOPEE RESOLUTION NO. 4 8 8 2 RESOLUTION APPROVING A CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE CITY, THE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY, AND SEAGATE TECHNOLOGY, INC. BE IT RESOLVED By the City Council ("Council") of the City of Shakopee ("City") as follows: Section 1. Recitals. 1.01. The Shakopee Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administeringMinnesota River Valley Housing and Redevelopment Project No. 1 ("Project") Statutes, Sections 469.001 to 469.047 ("HRA Act"). pursuant to Minnesota 1.02. Among the activities to be assisted by the Authority in the Project is development of a manufacturing facility on certain property(the "Property") in the Project,commonly referred to as the "Seagate Project." 1.03. There has been presented before the Council a Contract for Private Development among the City of Shakopee (the "City"), the Authority, and Seagate Technology, Inc. (the "Contract"), setting forth the terms and conditions of development of the Seagate Project and the City's participation in that effort. 1.04. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval• Further ProceP dings. 2.01. The Contract as presented to the City is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City the City's obligations thereunder. 2.03. The City expressly approves issuance by the Authority of any and all Taxable Tax Increment Revenue Notes in accordance with the Contract. SJB139881 SH235-04 Approved by the City Council of the City of Shakopee this day of 1998. Mayor ATTEST: City Clerk SJB139881 SH235-04 2