Loading...
HomeMy WebLinkAbout05/06/1997 CITY OF SIHA.KOPEE Memorandum TO: EDA. FROM: Mark McNeill, Executive Director SUBJECT: Closed Session DATE: May 1, 1997 We have received back condemnation panel awards for Jack Brambilla property and Imperial Wok property, in the Blocks 3 &4 project. We need to decide whether to accept the awards, or appeal them. ilkiwujii Mark McNeill Executive Director MM:tw • EMMr JEROME JASPERS(1916-1994 JASPERS DENNIS PATRICK MORIARTY MORIARTY & STEPHEN W.WALBURG WALBURG, P.A. LEE VICKERMAN ANNE HEIMKES TUTTLE �.. MICHELLE L.HEIMKES ATTORNEYS & COUNSELLORS AT LAW April 23, 1997 Mr. Mark McNeill City Administrator 129 S. Holmes Street Shakopee,Minnesota 55379 Re: Economic Development Authority of the City of Shakopee vs. Mahoney, et al Dear Mr. McNeill: This letter is to supplement our telephone conversation of 4/21/97 regarding the above-captioned matter. We enclose herewith a copy of the Report of Commissioners indicating that the damages to the real property owned by Su Jen Sene and Wen En Xian total $275,000.00. Our appraiser estimated the damages to be $150,000.00. We believe that Mr. Messner of Peter Patchin Appraisals made an excellent presentation at the hearing. Further,we believe that the appraisal for the property owner done by Lunisky& Associates was discredited during cross-examination. It is our opinion that the adverse decision made by the .was was based upon the intangible factor of sympathy for the property owners. It is our recommendation that this award be APPEALED. Please consider the following: 1. Within 40 days from the date the report is filed (4/21/97), the City may appeal the Commissioners decision to the District Court. 2. A Notice of Appeal must be filed with the Court Administrator and copies of the Notice served on all respondents and all other parties pursuant to M.S.A. 117.145. 3. If an appeal is taken, the City is required to promptly pay an amount equal to three-fourths of the award of damages for the parcel, less ani payments made by the City. Naturally, the City may(but it cannot be compelled to) pay the entire amount of the award pending the final determination. 4. A partial or full payment as provided in the statute shall not draw interest from the City from the date of the payment or deposit with the Court. 206 SCOTT STREET • SHAKOPEE,MINNESOTA 55379 • (612)445-2817 BELLE PLAINE OFFICE • (612)873-2988 FAX NO.445-0812 Mr. Mark McNeill Re: Economic Development Authority of the City of Shakopee vs. Mahoney, et al April 23, 1997 We are also enclosing a copy of the 4/22/97 correspondence received from Attorney Frankman wherein he outlines the basis for his opposition to any appeal. By a copy of this letter and the enclosures, we are providing to Corrine Thompson, Kennedy & Graven, Chartered,per her request,a copy of the NOTICE OF FILING AWARD, together with the Affidavit of Service identifying the parties to whom this Notice was sent. Upon receipt of this letter, we would ask that she contact the undersigned to confirm receipt of same. Very truly yours, JASPERS,MORIARTY AND WALBURG, P.A.r--1(-76'/A Dennis Patrick Moriarty Attorney at Law DPM:dl Enclosures cc: Corrine Thompson 2 NG LELAND J. FRANSMAN ---ATTORNEY AT LAW 1000 NORTHSTAR EAST KARALEE HECKES 605 2ND AVENUE SOUTH OF COUNSEL: OFFICE MANAGER MINNEAPOLIS.MINNESOTA 55402 SALITERMAN& SIEFFERMAN (512)375-1600 FAX(612)335-3572 April 22, 1997 Dennis Moriarty,Esq. Jaspers,Moriarty&Walberg,PA 206 Scott Street Shakopee, MN 55379 Re: Shakopee v. Mahoney, et al Dear Mr. Moriarty. This will confirm that we spoke on the telephone yesterday concerning the Commissioners' Award made to the owners of the Imperial Wok and filed with the Court as of April 20, 1997. The commissioners awarded $275,000 for the land and building and we had already stipulated a fixture amount of$36,000 which was in addition to the award for the land and building. You have indicated that you are going to recommend an appeal to the City. Before the City takes this action, I would like to make the following points: 1. The award form failed to provide for the statutory $500,00 appraisal fees, even though testimony was presented at the hearing that a fee in excess of that amount has been billed by appraiser Lunieski. This will confirm that I called you on this matter, and you agreed that we can stipulate to the payment of that $500.00 without the necessity to go back to the commissioners for an amended Award. 2. I know you have apprised the City that the Court can award reasonable appraisal and witness fees at the jury trial whether or not the landowner is the prevailing party. In recent appeals that I have tried in other counties, I have received as much as $7,000 for one appraiser who has already testified before the commissioners. However, should I retain a second appraiser to make a new appraisal in preparation for a jury trial, we would be claiming that entire fee since none of the time expended by that appraiser would be for the commissioners' hearings, but would be entirely for the jury case. In a case that 1 tried in Hennepin County and which was appealed to the Court of Appeals and decided by that Court in 1993, the Hennepin County District Court awarded my clients $26,000 in witness fees (the appeal was not about witness fees). In that case, the three court-appointed commissioners awarded $600,000, our appraiser testified to $1,030,000 and the jury awarded $1,185,000 based on the owner's testimony. My point is that the jury verdict can exceed Lunieski's testimony and the City can be required to pay the owner's witness fees as well. rt;at )j • 3. In a case closer to borne, Prior Lake v. Ballard(copy enclosed), a case that went to the Court of Appeals in 1985, a Scott County jury awarded $32,000 even though our appraisal testimony was $28,000. Again, the owner's testimony was taken into consideration in that case. 4. You infer that this award was made on the basis of sympathy since this family was displaced fromits restaurant and because the entire family, from the aged father to the children, were present at the hearing. I think everyone knows that the Chinese have very close family relationships and that the family is not brought to the hewing for purposes of obtaining sympathy, but that is simply the way these families conduct their lives in all aspects. It is hard for me to believe that the two savvy real estate agents or brokers on this commission (whom I had never met before, and I doubt my clients have had any business relationships with these men) would make an award based on sympathy. Apparently, they know more about real estate values in Shakopee than we do, and their judgment certainly must be taken into consideration. If you bring my clients to the District Court to face a jury trial, I will, of course, be calling these commissioners to testify to their award and the basis thereof 5. I will not comment on the relative strength of our appraisers. Obviously you think that my appraiser was not credible and I have the same opinion of yours. I can only approach you and your client on a practical basis. If the jury were to cut some small amount off this award, you must ask yourself after the City pays its attorneys' fees for the jury trial, our appraisal fees post-trial, and the additional interest running at judgment rate on the amount that we recover over the $149,000 "quick take", or over the three-fourth's payment of $206,250 plus the additional $13,800 already agreed upon for fixtures, will you have made any money or will these costs exceed any reduction you obtain? I would appreciate it if you would let me know when you have further information from your client as to its intentions. These people have suffered a disproportionate amount of anxiety as a result of this taking since they are all not used to our ways and several of the people involved cannot speak English. I care for these people and I am desirous to avoid further anxiety for them. I want to put this matter to rest so that they may move on with their lives. My clients indicate they will not appeal if the City does not appeal. I have to assume that the City would like to see a closure to this matter as well. Thank you for your consideration in this matter. • r idruly 1Gurs,/ el , and J. LJF:kh Encls. cc: Su Jen Sene NORMAr JASPERS JEROMEJASPERS cty!6-1 , 11111 iv1ORIARTY & DENNIS PATRICK MORIARTY STEPHEN W.WALRURG WALBURG, P.A. LEE VICKER.MAN .sommoomm .®� ANNE HEtMKES TUTTLE ATTORNEYS & COUNSELLORS AT LAW MICHELLE L FaEMMK-ES May 5, 1997 Mr. Mark McNeil City Administrator 129 S. Holmes Street Shakopee, Minnesota 55379 Re: Brambilla vs. The Economic Development Authority of the City of Shakopee Dear Mr. McNeil: VIA FAX We have received a Notice of Appeal on the Brambilla property. In addition, we have been served with Interrogatories and Request for Production of Documents. The latter are standard discovery requests which must be answered within 30 days. As you are aware, it was our recommendation that an Appeal_nol,be taken on the Brambilla award. The Ci is now,however, 'laced in a ••sition where a res••nse is necess, . The trial of this matter will be to a jury and the issue of damages will be assessed "de novo." This means that the City will be advancing its initial position that the true value of the Brambilla property is $300,000.00--not the $336,150.00 awarded by the Commissioners. We understand that you will be reviewing this with the City Attorneys and advising us if our office should be taken any action. We will look forward to hearing from you. Very truly yours, JASPERS, MORIARTY AND WALBURG, P.A. wigLam. Dennis Patrick Moriarty Attorney at Law DPM:dl Enclosures 206 SCOTT STREET • SHAKOPEE.MINNESOTA 55379 • (612)445-2517 BELLE PLAINE OFFICE• (612)573-2988 FAX NO.4,15-0812 Teigird1d�I 1Cn-! =,dAdS'-,t. TPlic,br :7T :E,ti F,F,T.' tTi it KRASS MONROE !CRASS MONROE, P.A. • ATTORNET8 AT LAW • • Philip R.Kress CertJded Civil Triad Specialist and Admitted In liisuconsin May 2, 1997 Mr. Dennis Moriarty Jaspers Moriarty & Walburg, P.A. 206 Scott Street Shakopee, MN 55379 Re: Shakopee Condemnation. Our File No. 1932-12 Dear Dennis: Congratulations on the outcome of the Brambilla hearing. You did very well. Enclosed and served upon you is our Notice of Appeal together with Interrogatories and a Request for Production of Documents. I'll talk to you soon. Very truly yo KRAS' t i :OE, P.A. • // / P ip R. Kress Attorney at Law PRKJsIa Enclosures cc: Jack and Doris Brambilla B\BRAMBIILIUI2\CORSMORIART3.PRX • Sole 1100 SOL'THVOINT Off16E CENTER •1650 WEST 82ND STREET •BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/885.5999 • FACS141LE 612/885.5969 �3 3ncd ,,1d~IdON Sa3dSrr F T :s c.r;, •c, mow JASPERSIEROMEJASPERS)191(i-i9a:) 11111 MORIARTY & DENNIS PATRICK MORIARTY STEPHEN W.WALBURG WALBURG, P.A. LEE VICKERMAN ANNE HEIMKES TUTTLE ATTORNEYS & COUNSELLORS AT LAW MICHELLE L.HEIMKES April 30, 1997 Mr. Mark McNeill City Administrator 129 S. Holmes Street Shakopee, Minnesota 55379 Re: Economic Development Authority of the City of Shakopee vs. Mahoney, et al Dear Mr. McNeill: Please find enclosed the Report of Commissioners dated April 25, 1997 regarding the Brambilla property. As indicated in our telephone conversation, Brambillas claims were as follows: Real Estate $385,000.00 Immovable Fixtures $ 1,000.00 Lost Rental/Taxes $ 78,281.00 1997 $ 1,037.00 Domino's Fixtures $ 7,000.00 TOTAL $472,318.00 As you recall, our appraisal of the real estate, as done by Peter Patchin and Associates, was $300,000.00. It would be our recommendation that this award not be appealed. By a copy of this letter and the enclosures, we are providing to Corrine Thomson, Kennedy and Graven Chartered, a copy of the Notice of Filing Award, together with the Affidavit of Service identifying the parties to whom this notice was sent. Upon receipt of this letter, we would ask that she contact the undersigned to confirm receipt of same. Very truly yours, -- - A PFS , ORIARTY.AND WALBURG, P.A. ennis Patrick Moriarty Attorney at Law DPM:dl Enclosures cc: Corrine Thomson 206 SCOTT STREET • SHAKOPEE,MINNESOTA 55379 • (612)445-2817 BELLE PLAINE OFFICE • (612)873-2988 FAX NO.445-0812 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 6, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Recess for an Economic Development Authority meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: April 1 and April 8, 1997 *10] Approve Bills in the Amount of$163,757.30 11] Communications 12] 7:00 P.M. Public Hearing on the proposed vacation of a portion of Apgar Street lying south of 10th Avenue - Res. No. 4662 13] Recommendations from Boards and Commissions A] Preliminary Plat of Shenandoah Place, located south of Eastway Avenue and west of Shenandoah Drive -Res. No. 4658 B] Preliminary Plat and Final Plat of Meadows North, located south of 10th, east of Apgar and north and west of Fuller Street - Res. No. 4660 *C] Final Plat of Stone Meadow 1st Addition, located north of the Highway 169 bypass and west of Tahpah Park - Res. No. 4659 D] Rezoning from Agricultural Preservation (AG) to Highway Business(B1) and Medium Density Residential (R2) for property located at the northwest corner of Vierling Drive and CR-17 - Ord. No. 483 TENTATIVE AGENDA May 6, 1997 Page -2- 13] Recommendations from Boards and Commissions continued *E] Text amendment regarding adult daycare centers- Ord. No. 482 F] Park 2000 Southwest Planned Unit Development, located east of Valley Park Drive and north and south of 12th Avenue extended 14] General Business A] Park and Recreation 1. Consultant for Prairie Bend park project B] Community Development 1. CAMAS MN, Inc. Shiely Division - Environmental Assessment Worksheet (EAW) 2. Twin Cities Housing Development Corporation 3. Request of Valley Green for MUSA land trade- Res. No. 4665 C] Engineering *1. Release of lift station agreement and easement in Canterbury Park 4th Addition 2. Stop sign warrant studies for Scott Street 3. Street lighting policy 4. Public Works equipment acquisitions for 1997 *5. Release of easement for Pinewood Estates 6. Accept report and set public hearing on 1997 Street Overlay, 1997-2 -Res. No. 4664 7. CSAH 42 Advisory Committee appointments D] Police and Fire 1. Code enforcement officer - Res. No. 4663 2. Awarding $3,140,000 G.O. Building Bonds for fire station - Res. No. 4657 E] General Administration *1. Continuing disclosure *2. Shakopee Lions Club gambling license - Res. No. 4655 *3. Apportionment of special assessments for French Trace 1st Addition -Res. 4656 4. Murphy's Landing lease 5. Public Works labor union contract 6. Creation of Ad Hoc Library Study Committee *7. City Administrator conference 15] Other Business A] Over-height fence conditional use permit fee- Cncl.Zorn 16] Recess for an executive session to discuss labor negotiations 17] Re-convene 18] Adjourn to Tuesday, May 20, 1997 at 7:00 P.M. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Session Tuesday,May 6, 1997 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of April 1,and April 15, 1997 minutes 4. Financial A.)Approval of Bills 5. New Business: A.)Rehab Grant Program 1.Guideline and application changes 2.Application-Shakopee 84 Partnership/Jerry Hertel B.)Blocks3 &4 1.Establish a process to hear appeal of Suburban Automotive 6. Old Business: A.)Ad hoc advisory committee 7. Other Business: 8. Recess to discuss matters permitted under attorney-client privilege 9. Re-convene 10. Adjourn to May 20, 1997,7:00 p.m. edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION APRIL 1, 1997 Members Present: Sweeney, DuBois, Zorn, Link, and Mayor Henderson Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:02 P.M. Roll was taken as noted above. 2. Approval of Agenda PP g Henderson/Link moved to approve the agenda. Motion carried unanimously. 3. Approval of February 26 and March 4. 1997 Minutes DuBois/Zorn moved to approve the February 26, and March 4, 1997 minutes. Motion carried unanimously. 4. Financial a. Approval of Bills Link/Zorn moved to approve bills in the amount of $20.19 for the EDA General Fund and $163,260.34 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. Informational Items: c. Documentation of Blocks 3 &4 Properties Mr. McNeill explained that a photographer has been hired to do both interior and exterior photos of the buildings in Blocks 3 & 3 prior to demolition. He said there is also a long term opportunity to place this on a compact disc to keep on file. A recommendation was made to coordinate this with Lee Smith to retain the historical perspective. Official Proceedings of the April 1, 1997 Shakopee Economic Development Authority Page -2- 6. Other Business Zorn/Link moved to adjourn to 7:00 P.M., April 15, 1997. Motion carried unanimously. The meeting adjourned at 7:08 P.M. it 41. .i , .4. ei_, ith S. Cox a A Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION APRIL 15, 1997 Members Present: Sweeney, DuBois, Zorn, Link, and Mayor Henderson Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:02 P.M. Roll was taken as noted above. 2. Approval of Agenda The following item was added to the agenda: 7.a) EDA Asbestos work change order Zorn/Henderson moved to approve the agenda as amended. Motion carried unanimously. 3. Approval of March 18, 1997 Minutes Henderson/Zorn moved to approve the March 18, 1997 minutes. Motion carried unanimously. 4. Financial a. Approval of Bills DuBois/Zorn moved to approve bills in the amount of $1,558.31 for the EDA General Fund and $11,627.56 for the Blocks 3 & 4 Fund. Motion carried unanimously. 5. New Business: a. Consideration of ad hoc advisory committee At its April 1st meeting, the City Council recommended that the EDA consider an ad hoc group in order to retain citizen participation in the economic development process. Mr.Snook explained that the proposed citizens' group would work with the EDA in an advisory capacity. Official Proceedings of the April 15, 1997 Shakopee E.D.A. Page -2- Zorn/Henderson moved to take the necessary steps to establish an ad hoc committee structure consisting of no more than five members (one being from the Economic Development Authority) and a charge to the committee, to be prepared for the next meeting. A discussion ensued relating to the terms of appointment and whether they should be staggered or for a period of two years. The committee will be given a specific task to be completed with deadlines that will establish their term. Motion carried unanimously. 6. Informational Items: a. Signature piece/clocktower for new building on Blocks 3 & 4 Mr. Snook explained that there is a private group interested in providing financial assistance and input into the design. He said the actual design option has not yet been considered. Costs are unknown at this time and he will be contacting the group for more information. b. Status report on Development Agreement for Blocks 3 &4 project Mr. Snook reported that the attorneys for both the City and the H.R.A. are refining the development agreement. Mr. McNeill stated that it may be ready as early as the May 6, 1997 meeting. Mr. Snook reported that there are two serious parties as the master tenant out of six original who were considering it. 7. Other Business: a. EDA Asbestos work change order Mr. Snook reported that asbestos has been found in two buildings and Dulas Excavating has abated the buildings and will be requesting a change order in the amount of $10,700.00 through TKDA. 8. ADJOURNMENT Henderson/DuBois moved to adjourn to May 6, 1997 at 7:00 P.M. Motion carried un imously. The meeting adjourned at 7:28 P.M. iFi!AcLI-it'Lith S. ox Esther TenEyck A Secretary Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 1, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 04/10/97 to 05/01/97. Action Requested Move to approve bills in the amount of $203.74 for the EDA General Fund and $25,791.21 for the Blocks 3&4 Fund. 0 0 0 0 0 0 0 0 0 0 0 h '.0 1.0 0 0 a1 01 al a1 H 0 0 0 0 0 0 00000 ,1 l0 01 0 0 h h h h H . . . . . . . . . . . . . . A O O O 0 0 0 0 0 0 0 0 d' M 0 0 0 00 CO CO CO W N V' CO 01 01 01 01 UN N N N N 0d' 0 V. d' d' d' 0000000 h0 H H H Ln 01 CO 0 h h h Ln O O Ln Ln O O O LOO N N N 01 H CO H N M M M N h d N h 0 0 0 0 h H H H W H H N 10 0 0 0 CO Ln Ln h M 0 a0 01 01 01 a1 W H N N N N h N N N 0 01 h h h 0, W N H CO M H h in Ln in in A N N N N El u corn 1 A >' II xxx xxxxxR r4rXZx OCn II 000 000000 0000 Ln to a' d' a' N H h l0 M Ln h R4 d' cr h h N CO 0 a) 01 h a0 co I a0 aD a0 N M O 01 a1 01 T a) N N N N N O O W d' M M M M M CO CO 0 0 0 .4. d' PG W 0 0 0 0001.0t0 PC a' (Y. 0 0 H (Y. 0 0 0 O O 0 01 a1 U U U O O CA Cn U] Cn U] Cn Cn CID W Cn E U 444 44444 > Pa 4• 0 0 0 0 0 0 0 W • H H H H H H H CO '›-i CO CO CO COcncncncnHH H Cn Cn U] Cn Cn Cn cn Cn Ci) >' ci z• EL. G-i G4 CL CL CLr1.4 Ha H00 00000HH .-70 E o4 (3' 1:4 IX 134 W : Cn Cn -0 H (x 4a, a as a a aKCFC s~ E-+ a al al Z h WW W OE-lalU0 LW a, a > U 04x900a1M wacn Ei 0 P E-1 FCKCCncno H --,-4 a' N a4 0HIXCnCn (NI N 4 W 0 0 Z 1-10w x (4044 0 x a 0 A Z a 0 0000E-4 w W in H rC i!f x ,..YJ cz La U U cn U N (x 0 E. a U W cn cn 4 Cn 0 co a >aH I-1 Cip >4 ZZ44040 H >-1 W H 0 Z. 0Q' 0HHOC7cO0 U H 0 R: A4W 1 UW WxXW W W WH 4 H U 0 ^.4 0 Z00Z ZZ ZEl CO Ci] 0 Z a' W O Z H H Z Z Z Z O H L6 W Zal 4 0 WRCFCHHHHU U 0 cn x a W h a a x x x x ca 4 C4 0 O M r-1 N O H Z l0 to a> '.0 01 \0 CO CO N rn W N CO M N 01 CO N N M 01 N H d' N H H d' d' M d' cI' ' O in in L0 H H a) 01 .''�. H h 0 [t' N N 0 0 a0 0 U a) N CO h h h a0 co N a) U w d' c d' V w w d' w a' X O Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln U Z 0 0 0 0 0 0 0 0 0 0 N N h h h h h h h h h h h a1 a1 01 01 CO 01 01 01 CO 01 01 01 01 a) a1 a) a1 a a1 01 a1 a1 a1 a1 a1 a1 H H H ri r-1 H H H H H H H H CO a1 a1 a1 a1 ma) T (N N a1 a1 a1 W N N N NNNNNNNNNN H \\\ — —\\\\\\\\ O 0 0 0 0 0 0 0 0 0 0 0 0 0 * * * * * * * * H in a) a1 a1 a1 H CO 0 M * H H H O d' * 0 a) * Z A Z 0 * 0 Z g 0 Z * I-3 o 0 0 , H .'7 000000000N r.0 H A a W H H H 0: CO IL, H H H H r-i CO CO CO co M a' Cn Cu aC 0 N M M 0 H Mel M d' 0 H H LJ d' V' C 0 H a0 d' d' d' d' d' d' d' d' d' d' 0 0 IX H 0 E. 0 H H H a 0 G4 01 a1 01 a1 a1 a1 a1 a1 a1 a1 a A G4 CL4 01 01 01 M COMM M M M M M M 0 a H H 1-1 p4 fX .a d' W d' V' a' a d' d' d' d' Ix x a 0 0 0 0 0 E al a1 a1 a1 a1 a a1 a1 a1 a, 0 0 H a ia l>~ H 01 a1 01 0 0 0 0 0 0 0 0 0 0 0 0 0 A H H H D 4* 0 0 0 0 0 0 0 0 0 0 4 4 O in in in H H * a1 a1 a1 a1 a1 a1 a1 a1 a1 01 Z H H H 0 0 * M M M M M M M M M M 0 0 * * 44 H H H El H * V' d' d' w w C C d' d' d' H El * * S.A , CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Rehab Grant Guidelines and Application Changes DATE: April 30, 1997 Introduction: Staff has discovered opportunities for revising the program guidelines and application to better serve the program's purpose. The revisions relate to the sections in the guidelines and application that outline inspection of work, and proof of a building's structural soundness, respectively. Following are the proposed changes: Exhibit A. Guidelines.page three. number 8 a.: From: "The work has been inspected and approved by the local building official" To: "The work has been inspected and approved by city staff' Exhibit B.Application.page two. bottom of the page: From: "I, City Building Official, have inspected the property mentioned in this application and have found it to be structurally sound... " To: "I , Property Owner, attest that the property mentioned in this application is structurally sound. ", and "I , Applicant, attest that the property mentioned in this application is structurally sound " The applicant and building owner will sign and date this section of the application. rehbmmo2.doc These changes are proposed for the following reasons: • The function of the building department staff is to enforce city code as it relates to buildings. Building department staff is fully occupied with the work it is charged with, and does not have the resources to inspect buildings for the Rehabilitation Grant, and • Having a Building Inspector attest to the structural soundness of a building for the Rehab Grant Program puts the city at risk for claims by the applicant / property owner. A more effective requirement would be for the applicant and building owner to attest to the structural soundness of the subject building by signing such a provision in the application. Alternatives: 1. Move to approve the changes as presented 2. Do not move to approve the changes 2. Table the matter with specific direction to staff Action Requested: Direction to staff based on the above alternatives Paul Snook Economic Development Coordinator rehbmmo2.doc xrr A CITY OF SHAKOPEE Page 3 Downtown Rehabilitation Grant Program Guidelines D. Grant Requirements and Restrictions (continued) 3. Professionally done Architectural elevation drawings to scale and color renderings must be submitted by the applicant prior to City review. 4. If an application is approved,the City will notify the applicant so s/he can arrange for loan closing (if applicable)with a financial institution. A copy of closing documents shall be provided to the City. 5. The City reserves the right to deny an application that meets all program eligibility and requirements. If an application is denied, the City shall state reasons for denial in writing. The applicant may resubmit the application with changes. 6.No more than one grant per year may be awarded per parcel. 7. The total aggregate amount of grant funds received per parcel over time shall not exceed $25,000. 8. Grant proceeds will be disbursed to approved applicants when the followingai�...i.muw occurred: a. The work has been inspected and approved by the local building official. b. When the applicant has submitted lien waivers verifying that said applicant has paid 100% of the project costs. 9. The building improvements must be consistent with the Downtown Building Design Standards. 10. Successful grant applicants must complete their project within 12 months of formal notification of grant award. Projects exceeding the 12 month completion period will forfeit the City's grant commitment unless an extension is submitted in writing and approved by the EDA. 11. Successful grant applicants must enter into a grant agreement with the EDA. 12. Project cost over-runs in excess of the approved grant amount shall be the responsibility of the applicant. oygiv•r CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION Page 2 PROJECT DESCRIPTION (continued) 2. Please indicate the contractor(s) who will be doing the work: Please attach: Copy of specifications, plans, architectural drawings and color renderings for the work, including cost quotes for materials, labor, architectural fees, building permits, etc. FINANCIAL INFORMATION 1. Estimated project cost: $ 2. Grant amount applying for (25% of total project cost): $ How will the balance of the project cost be paid? Financial Institution Loan: $ Owner Financing: $ ************************************************************************ I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guidelines. Signature Date Please have the following statements completed as appropriate. BUILDING OFFICIAL REVIEW I, , City Building Official,have inspected the property mentioned in this application and have found it to be structurally sound. I have reviewed this application and believe that the building's structural stability warrant the investment proposed in this application. Signature Date I • If the EDA uses a precise interpretation of the HBD grant guidelines, a question arises as to whether the subject building would qualify for grant assistance. Applying these guidelines to modern HBD buildings is difficult because the guidelines still retain an orientation to the features of and rehab techniques for the vintage late-19th and early-20th century commercial buildings of the Downtown Business District (cornice, tuck point, brick work, etc.), rather than to features more common to HBD buildings, such as the proposed mansard, dormers, end panels, etc. There are also the questions regarding the proposed lighting qualifying as "parapet (a low wall at the edge of a roof) type lighting", and the proposed signage qualifying as "signage when incorporated into canopies and awnings". The proposed lighting will be neon, apparently located on the mansard/dormers, not on a parapet. And the proposed signage will be incorporated into a sign band and new dormers on the building, not on a canopy or awning as the guidelines call for. Staff highly recommends the precise interpretation of guidelines in grant and loan programs so there is no question as to what is an eligible or an ineligible use of proceeds. The EDA's interpretation of the guidelines will determine what proposed rehab work and corresponding costs, if any, qualify for rehab assistance. Below is a summary of the proposed work and costs. Please refer to the attached estimates for a detailed description of the work. DESCRIPTION OF WORK ESTIMATED COST Facade Restoration $68,289.00 • remove existing mansard and soffit • new mansard and soffit • install new metal end panels • new dormers and white grid • remove existing signs • replace top cap • electrical work for signage Signage 20,090.00 "Parapet Style" Lighting 4,956.50 Rendering 500.00 $93,835.50 TOTAL x 25% (grant portion) = $23,458.88 shk84mmo.doc CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Rehab Grant Application- Shakopee 84 Partnership/Tom Thumb Center DATE: April 30, 1997 Introduction: A Rehabilitation Grant application has been submitted by Shakopee 84 Partnership for the property located at 590 S. Marschall Road, and known as the Marschall-Gorham Convenience Center. Discussion: The Rehab Grant application by Shakopee 84 Partnership proposes exterior improvements to include new mansard and soffit panels, replacement of top cap, installation of new dormers, and new signs and associated electrical work. The total estimated cost of the improvements is $93,835.50. The applicant is requesting $23,458.88 in rehab assistance. The applicant is asking the EDA that they find the proposal consistent with the following sections of the guidelines and application: "encourage the preservation and beautification of the Highway Business District (HBD) buildings by enhancing their original character in order to create a more attractive, inviting HBD shopping environment" and "Eligible improvements... enhancement of building features such as cornice work, tuck pointing, and brick work/work on the facade; signage when incorporated into canopies and awnings; and parapet type lighting" This is the first Rehab Grant application from a building owner in the HBD. Last year, the EDA expanded the grant program from the downtown district to include the HBD. At that time, the HBD grant guidelines and application were modeled after the Downtown Rehab Grant Program, and there was no provision for design guidelines to use with the HBD program like there was/is for the Downtown program. shk84mmo.doc Budget Impact: The applicant is requesting 25% of the total project cost, or $23,458.88 from the combined Downtown Business District and Highway Business District Rehab Grant fund. The current balance of the fund is $ 5-- 0 . 00 , with $ /3, l 500 . 00 in grant project funding that is pending approval of work. Alternatives: 1. Approve a Rehab Grant to Shakopee 84 Partnership in the amount of$23,458.88 as requested by the applicant. 2. Approve a Rehab Grant to Shakopee 84 Partnership in an amount different from the above based on the EDA's interpretation of the program guidelines as they apply to the proposed rehab work 3. Deny the Rehab Grant request of Shakopee 84 Partnership 4. Table the action on Shakopee 84 Partnership's request for assistance until the following direction to staff is complete: • Thoroughly evaluate the current HBD Rehab Grant Program and other potential economic development assistance programs for appropriateness to the HBD area, and • Develop or do not develop a new economic development assistance program, based upon staff's above-referenced evaluation. Recommended Action: Table the action on Shakopee 84 Partnership's request for assistance until the following direction to staff is complete: • Thoroughly evaluate the current HBD Rehab Grant Program and other potential economic development assistance programs for appropriateness to the HBD area, and • Develop or do not develop a new economic development assistance program, based upon staff's above-referenced evaluation. • Paul Snook Economic Development Coordinator shk84mmo.doc Exhibit 3. CITY OF SHAKOPEE,MINNESOTA HIGHWAY BUSINESS DISTRICT REHAB GRANT APPLICATION GENERAL INFORMATION Date /1r aG/ lY 7 Applicant Name: ,57///k<0 .- t L . L . /gar /14- rj h i"p Address: P, 0- 60-i- 1/0 O' -, M2 . /1-1,v Phone: /) — C 96''— 00 yy /er‘ 7- P63 x/6 Property Owner Name: SI-Mg SI—Mg0 p/ k4/ L L . Address: P U. 8o //Ol ��r /(4"/ Phone: 6* /2 00 y /r7 -1'036 Site Business /� Name: //1 /,4.5 C /7/4L1._ — 6o/l/i//9//4 C C1,1/ .fie Address: ��q 0 SO4 •// A419 n.SG/7//y94_ C/.440 PROJECT DESCRIPTION 1. The rehabilitation will include(Check as many as apply): ❑ Painting of building al' Work on the facade, such as mortar repair,restoration or replacement of architectural features, etc. ❑ Windows - when tied to opening previously covered windows. C Signage when incorporated into an awning or canopy. ❑ , Awnings installation or renovation ❑ Awnings will be:_Retractable Stationary C' Parapet Type Lighting ❑ Other, Please describe: CITY OF SHAK OPEE,MINNESOTA HIGHWAY BUSINESS DISTRICT REHAB GRANT APPLICATION Page 2 PROJECT DESCRIPTION (continued) 2. Please indicate the contractor(s)who will be doing the work: ,41/./ C c,-vf 7 LC - 7l c Please attach: Copy of specifications, plans, architectural drawings and color renderings for the work, including cost quotes for materials, labor, architectural fees, building permits, etc. FINANCIAL INFORMATION 1. Estimated project cost: $ c,3. F.�c 2. Grant amount applying for C'ofP (25%of total project cost): $ 3 `� .SQ , How will the balance of the project cost be paid? Financial Institution Loan: $ `710 0 0 0 63 Owner Financing: $ 2c) 3 76 . — ************************************************************************ I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guilt ines. `"In r Date /TffiI / 9 Signature /� l� Please have the following statements completed as appropriate. BUILDING OFFICIAL REVIEW I, , City Building Official,have inspected the property mentioned in this application and have found it to be structurally sound. I have reviewed this application and believe that the building's structural stability warrant the investment proposed in this application. Signature Date SHAKOPEE REHAB GRANT PROGRAM SOURCE OF FUNDS Owner Prior Lake Rehab Grant TOTAL Equity State Bank USE OF FUNDS Signage $6,503.58 $8,563.92 $5,022.50 $20,090.00 (1) Parapet Style Lighting $1,604.53 $2,112.85 $1,239.13 $4,956.50 (2) Rendering $161.86 $213.14 $125.00 $500.00 (3) Facade Restoration $22,106.66 $29,110.09 $17,072.25 $68,289.00 (4) TOTAL $30,376.63 $40,000.00 $23,458.88 $93,835.50 (1) This amount includes the cost of new signage on the building. (2) The new dormers shown on the rendering will be lighted at night with neon lights. (3) The cost of the color rendering for the project. (4) The existing facade will be removed and replaced with the one depicted in the rendering. -5 /7/f!c r. /), //. Y L- L-� J PQr fn r.�'lt p Applicant Name: ‘4 G A-1/f L lT,c/� C��C l �`'���✓ C/�-G �i�2�,�,�� Date of Application: 4r r gl l ' 7 J. L. SULLIVAN CONSTRUCTION, INC. 4510 WEST 77TH STREET• SUITE 200 • EDINA,MINNESOTA 55435 • 612/835-2529 • FAX 612/835-1164 February 14 , 1997 Mr. Gary Janisch H.J. Development P.O. Box 110 Delano, MN 55328 Re: Refurbish Shakopee Center Dear Gary: Please consider this our proposal for the refurbishing of your center in Shakopee. This proposal is based on numerous site visits and the following. 1. Workers Compensation, Builders Risk and Public Liability Insurance - Included. 2 . Building Permit, Plan Check and State Surcharge Fee - Included. 3 . Mansard - The following is included: a. Remove existing mansard and soffit panels and dispose of. b. New soffit and mansard panels to match the Savage Center. c. The addition of the green metal panels to extend 24 ' on each end of the building. d. (1) large dormer similar to the Tom Thumb and (5) smaller dormers, all to include the white grids. e. Remove existing signs (reinstallation of existing or new signage by others) . f. Remove and replace top cap on building with new teal- colored top cap, (7) downtubes and cover overflows. 4 . Electrical - The following is included: 1 - new 200 amp, 3-phase house service. 3 - 25 ' poles, each with twin 400 watt metal halide fixtures. 2 - circuits to new pylon sign. 2 - metal halide fixtures, one at each end of building. 1 - wiring and hookup of a second sign. DESIGN BYILD • GENERAL CONTRACTING .SERVICES • CON�TFt ('TIQN MAN A(:E\1ENT Re: Shakopee Center February 14, 1997 Page 2 Electrical (continued) Replace existing lights in the rear with walipacks and put on house meter. Rewire canopy fixtures to house meter. Circuits only for new neon. (We have not included the neon lighting. ) J. L. Sullivan Construction, Inc. proposes the above work for the amount of $68 , 289. 00. It is our opinion that the Tom Thumb and Cost Cutter doors do not need to be replaced. The following is our proposal to cut in new windows into the existing precast panels. 1. If (1) only, $1, 480. 00. 2 . If (2) only, $1, 430. 00 each. 3 . If (3) or more, $1, 330. 00 each. The above quotations are based on the following: 1. There is minimal interior demo, i.e. , no benches, shelves or other items. 2 . No repairs nor patching is included. Each space must be looked at on an individual basis. 3 . No electrical is included. 4 . We have not anticipated any special reinforcement of the precast panels. The windows that we have installed in the past have varied in width to as narrow as 3 '-0" . The width variation would probably have little impact on cost. As I understand it, the major reason for the variation was the load bearing capacity of the precast panels. Gary, we have enjoyed working with you in the past and would hope that this can continue. Your signature on the lines provided below will indicate your approval of the above and authorize us to proceed. If you have any questions please call me. in erely, / 1-4 dvtx____- hn L. Sullivan Agreed accepted on ' s 04.- day of /0:(7 / /,-// , 1997. By: Its: AiA esi l hy fe4r-r rc_e_ ,fx- /'(, � J 7( k y t.. - t... A r\nV11n+1• .71'.171'1 Vit. 7P'1Vv. Vl RECYCLED INUbEN • .' Caterer dC%►retars. w'•10%Ps,.Corw.r s Page No. 1 OI j P / ilropasal . Kaufman_) SIGN COMPANY 1622 Central Avenue NE Minneapolis,MN 55413 (612) 788-6828 FAX(612)788-6715 0001.011AL eLtalaTT'ED TO wgpNE I DATE Jerry Hertel Fax: 608-0(144 f April 23, 1007 STREET JOS NAPE Tom Thumb 425n CITY.STATE wry zip 000E JOS LOCATION 500 So. Marshall Road AACNiTECt I DATE OF PLANS JOB o►+oNE Shakopee, Minn. 55370 We hereby srenut spaotflcalbne and aaon*Ns tor: Hanufaature b install one 8 R 12 cabinet sign 53,75.nn Manufacture and install neon flag . . 2,non.n0. • TOTAL S5,975.nn Thank you. c"-\-• , Mani .1 Kau n • *Price includes all artwork, labor and materials. * *Price does not include any permits or final electrical hook-up. et 'impose hereby to furnish material and labor—complete in accordance with above specifications, for the sum Five Thousand Nine Hundred Seventy-Five and not1OQ _ dollars is 5.375.flat Payment b be nada as tttllews: 50X down and remainder upon comttletion. • AN marine a gummed to be as wows.Al work to be competed in a workmanikeI manna wo/ado is alrndsed Promos Any aatrrason ce deviation from/tow*apeeaktieens Authorttad r - tnvonwg NM mer nd d evellum amcseemit upon sneers,and ata became an etre Signature ! l t: �. charge ow awl above see aetrnda. Al agreements=ne em upon sewas. axrdente ..."7... ' i a WOW*d.rs bCur cruor.Owner b cony bre,tornado ars ether necessary,maanoe OurWily Note Tints propose be `Owartime ars Wilynlp r owered by Worianrre CCarywMr.Mumma withdrawn by us d not atx id'AM/ Pae il e"--`,.Ate* tr of proposal _Th.*boot gridNie ,,snscatrons ' end eond/oies we sawsetory and We hereon ar *cceptad- tbu e authenzed Signature l� to do the uwn as 'pealed. Payment will be made as outtned above. Oat.of Aa— — . .-_. . SHOP ADDRESS: Date April 11 , 1997 4405515171i$h Q10-93rd Ave. NW • DVWSR Coon Rapids, MN 55433 Name HJ Development . (612)786-5545 FAX(612)786-5520 Address P.O. Pox 110 aCkg GYL/CF REMIT TO: City/State/Zip Delano, MN 55385 11570 Foley Blvd. NW Phone 498-7616 INC. Coon Rapids. MN 55448 P.O. Jerry Hertel Comments: ESTIMATE • QUANTITY - =-#IMOUNT • Estimated building signage cost : COST CUTTERS- remove letters from raceway, clean cabinets, and reinstall . $1 , 650 .00 PIE7A N PASTA- remove letters from raceway, clean cabinets and reinstall $1 , 852 .00 VIDEO UPDATE- Remove letters from raceway, clean cabinets and reinstall . $1 ,864 .00 HENNES ' S CLEANER- 9" X 8 ' 0" logo box & 18" lit letters "C" & "S" to be 30"- installed $3 ,094 .00 DRAGON CAFE- 24" lit letters-installed $2 , 765 .00 1 HR. PHOTO- 9" X 8 ' logo cabinet with 18" lit letters "1 HR . PHOTO" $2 , 890.00 * CITY PERMIT FEES WILL BE ADDITIONAL BID PRICE //C 1 * ELECTRICAL CONNECTION TO PRIMARY SERVICE IS RESPONSIBILITY OF CLIENT P.OTICE REGARDING MECHANIC'S UENS (A)Any person or company supplying labor or materials lot this improvement to your property may file a ri.n against your property 0 that person or company is not paid for the contributions. (8)Under Minnesota law,you have the right to pay persons who supplied labor or melena'for this improvement derecily and deduct this amount from our contract price.o- withhold the amounts due them from us until 120 days atter compaction of the improvement unless we give you a lion waiver signed by persons who supplied any labor cr materials for the improvement and who gave you timely notice I agree to pay as required by your terns until the Balance has been entirely paid. I agree that title to and right at the p Ion of the merchandise shall remain in you,that I will not sell.remove,or encumber the same without your written consent that I assume and shall be responsible for all loss or damage to said goods,and that upon default of any payment or payments,you may,at your option take back the merchandise or affirm the sale and hold me liable for the full unpaid balance,and if Buyer fails of the terms of this contract.Buyer will pay collection foes as set by a commercial agency and reasonable attorney fees incurred in prosecution of cult. BALLAST AND TRANSFORMERS CONTAINED IN SIGNAGE CARRY A ONE YEAR WARRANTY FROM MANUFACTURERS STAMPED DATE LABOR FOR REPAIR AND INSTALLATION OF THESE BALLASTS AND TRA.NS RMERS IS NOT INCLUDED THIS WARRAAN r F.O.B.MINNEA►ot.rs,MK BUYER 12---L4 • C•-1 SHOP ADDRESS: �'- des. 410-133rci Ave. NW F'ar,rury 2 g, 1997 C.ion Rapicie, MN « 3 .30/.. F2S (G12)786-5545 ���3� Name ri J neve o L'm an t FAX(612)786-552o Aadress P.O. `Box 110 _ .... WrieFREMIT 7'alrpg p, City/State.2ic, Delon°, MN 55385 1 157Q FOIE,Blvd. NN/ Phone- 498-76-1-J--------:---- Coon Ria !dam INC, A MN 5544th ----- P-o Shakopee Comments: ESTIMATE - ' ,OUAt111'Ytiyttl � ,�..� •- . _ i. I 5 36 ' of 15nr red exposed neon 1 50 ' of I Srm red e::posi:t'-�inEO r--- j 1 . Tubing to be 15mm red 2 . Electrodes to be housed in U.L. arpro;rd"r: Cl:p$r' 3. Tube supports to be model 10 3 _� ! q A11 conduit to be "�+atertic�h V S. Each able to ! 1 --- f .. g have a seperatt:• 30r�a transformer I 6. Tubinz & trar:sformer; :ill bre inr;; allcc3 to :apecs , 7. Connection to primary is responsibility of Client . I ----� -----/- d tubing �,_.__ �, ---..._ Above exposed neon ing 8. transformers will be covered I bear - - ` ____i—_ y a I ypart., F.. labor warranty . I _ .- -, _ * CITY PERMIT FEES WILL BE ADDITIONAL ' IsRICE * ELECTRICAL CONNECTION TO PRIMARY SERVICE 15 RES?ONSfUILtTY OF CLIENT 4 r 956 .r.JC (A)Any porFan or Company sutsDiNn9 tabs.or m2tOc i7rs for ihs CTtrnpC o tI G�,t RC)1 �ECHArJi sue!.::; the contributions. D cpe:ty may ha a ban 573i^s:your properly it that pirrSon or company is not co..: (a?Under&li.,ew;o;a taw,ydu have the ri;ht to pay i orois woo sup;r. ;tator or malaria!for tris irnprovnrn. .d'er.:itr and dodutt this amount from oir contract cr-,- withr M the arryVnl_;riu..them from us u-ril 120 clays atter comptotim of the irproyarent°mess we S ve you a 6e•r.waiver 6.gred by persons who supplied any Lab^ malorat;for the Improvement and who gave you tlms'y notice I agree to pay ae required by your t.rrns until the Balance has been entirely pard. I agree that title to and right at the posssesi of the moreharrdise chef!remain In you,that I will not sell,remove,or encumber the same without your written coneat+t that!Wilful' and shall be responetbte for all loss or d..maga to said goods,and that upon default of any payment or payments,you may.at yr option take back the merehnndleo or affirm the sale and hold ms Ilabiw for the full un aid balance,and if Buyer falls of the tan of this contract,Buyer will pay collection loos as sot by a commercial agency and roe o able attorney of suit. le 4e-i urnadia r oculi �.':� FALLAST AND TtlFcRr.i'RC i n rEE .r: ;r, :,- 4GE CA r,Y A Qf.:c YEAR W-t.P7• 'Tv FPOM fl.A!: ^TU ECS $TAni7 A' -. OP.FOR REr`Auz AN li':jTr 1 iC.t-: rr^ c U A„ �� <) L- _ SHE E RAL i TS AND TFar:��r_r =nS .101 L:CwGE^IN T;-IIS WARRANTY April 29, 1997 Economic Development Authority City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 ATTN: Mr. Paul Snook Dear Authority, Enclosed is the application for the rehab grant program. The total cost of the work to be done on the building which qualifies for the grant program is $93,835.50. In addition to that amount there will be another $24,288 of improvements which are necessary for the project such as signage and landscaping which are not eligible costs under the grant program. Therefore, total estimated cost for the remodeling/rehab is $118,073.50 Thank you for your consideration of our application. Please contact us if there are any questions. Very Sincerely Yours, Jerome L. Hertel Shakopee '84 L.L.P., Partnership Managing Partner 5Q): 1 . CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Appeal Process for Suburban Automotive DATE: April 30, 1997 Introduction: The EDA is asked to set up an appeal process for the administrative appeal for business relocation expenses requested by Mr. David Anton, owner of Suburban Automotive. Background: Mr. Anton, owner of Suburban Automotive,recently sent a letter to the city requesting an administrative appeal for business relocation expenses. The business was formerly located on Block 3. City staff has been in contact with Conworth, the relocation agent for the Blocks 3 & 4 project, regarding this matter. Conworth stated that Mr. Anton is entitled to payment for moving expenses. They (Conworth) put together a claim for these expenses, about $3,000, but Mr. Anton never signed and filed the claim. Apparently, Mr. Anton moved his business from the Block 3 location on his own, and did not reestablish the business in another location. Conworth recommends that the city respond to Mr. Anton's letter in writing, asking the specifics of the appeal (staff is currently doing this), and set up a process for hearing Mr. Anton's appeal. Conworth outlined the following options for setting up an appeal process: • Hire a mediation/arbitration service • Provide for in-house mediation. The Uniform Relocation Act states that an employee of the city can hear the appeal, serving as a mediator, as long as the employee has not been directly involved in the relocation process. Conworth finds that most cities that they work with that have appeals use this method of hearing. Usually one or two employees are designated to hear the appeal. Conworth does not have to be at the hearing but can be as a witness for the city (but they prefer not to be), or to explain the appeal process. sbautmmo.doc Alternatives: 1. Direct staff to hire a mediation/arbitration service to hear Mr. Anton's appeal. 2. Direct staff to arrange for in-house mediation, designating one or two staff persons that have not been directly involved in the relocation of Suburban Automotive,to serve as mediator(s) for hearing Mr. Anton's appeal. Recommended Action: Move to direct staff to arrange for in-house mediation, designating one or two staff persons to serve as mediator(s). 011110 Paul Snook Economic Development Coordinator sbautmmo.doc SHAKOPEE April 9, 1997 Mr. David C. Anton 1908 Granite Drive Shakopee, MN 55379 Dear Mr.Anton: I'm in receipt of your letter requesting an administrative appeal for your business relocation expenses(Suburban Automotive, 115 North Lewis St.). I will be in contact with the EDA to determine with them the process that will be needed in order to hear your appeal. We will be in contact with you once that has been established to determine a date. Sincerely, amicaLtA Mark McNeill City Administrator MM:tw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota 55379-1351 612-445-3650 • FAX 612-445-6718 6 ,A, .1 CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Ad Hoc Committee DATE: April 30, 1997 Introduction and Background: At its April 1st Regular Meeting, the City Council recommended that the EDA consider an ad hoc committee with the charge of functioning as a working group in advising the EDA regarding economic development/revitalization matters in the Downtown and Highway 101-County Road 17 areas. The purpose of creating an ad-hoc committee is to retain citizen participation in the economic development process. At its April 15th Regular Meeting, the EDA accepted the City Council's recommendation and directed staff to arrive at 1.) a committee composition, 2.) a specific charge or task for the committee, and 3.)a task timeline. Discussion: The EDA is asked to consider and decide on staff recommendations,as outlined below. Committee Composition Many groups and individuals have a stake in the economic viability of the Downtown and Hwy 101-CR 17 areas, including: property owners professionals merchants residents local government historical societies&preservation groups financial institutions civic groups chamber of commerce local media real estate agents With the involvement of a broad range of constituents in the process,the Downtown/Hwy 101- CR 17 revitalization program can help each group realize that this common goal exists,and that cooperation is essential for successful revitalization.Furthermore,by identifying each organization's strengths,the revitalization program can help focus each group's energy in the areas where it will be most effective and have the most to contribute. Rather than appointing a committee in the traditional way city commissions are appointed (advertisement, interview, etc.), staff recommends forming a broad-based volunteer steering committee through the EDA board and staff recruiting/soliciting committee members from the n above-referenced areas.A suggested size of the steering committee would be 10 members,with a member of the EDA board and staff providing city representation. The key factors in the committee's effectiveness are maintaining a focus on the Downtown/Hwy 101-CR 17 areas, and retaining a broad community representation from the private and public sectors. * Since the Downtown and Hwy 101-CR 17 areas are two distinct areas,each having its own physical form,economic function,and sets of corresponding issues and opportunities,the ad hoc group may need to form two subcommittees,one focused on each area(this might be determined in the strategic planning process,outlined below). Specific Charge or Task for the Committee What will the steering committee do? • Lead Downtown / Hwy 101-CR 17 stakeholders through a strategic planning process for economic development/ revitalization. From this process a clear mission statement will be developed; consensus will be established through identifying and prioritizing issues and concerns;and goals, objectives and action plans will be created and implemented. • Possibly develop a formal organizational structure in which to work. Timetable for Completing the Charge/Task The timeframe for leading a broad-based community group through a strategic planning process for revitalization of the Downtown / Hwy 101-CR 17 areas depends upon how the steering committee proceeds. Staff experience suggests approximately six to nine months. Alternatives: 1. Move to work with staff on recruiting/soliciting Downtown/Highway 101-CR 17 stakeholders in order to form a broad-based volunteer steering committee that will develop and lead a strategic planning process for the revitalization of the Downtown/ Hwy 101-CR 17 areas. 2. Table the matter for additional information. Action Requested: Direction to staff regarding the alternative the EDA wishes to pursue. 01111,jib Paul Snook Economic Development Coordinator CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeill, Executive Director SUBJECT: Closed Session DATE: May 1, 1997 The EDA will be asked to recess to a closed session at its meeting of May 6th to discuss pending litigation. rIAAJO kaLl Mark McNeill Executive Director MM:tw OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 1, 1997 Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Steve Bubul, City Attorney; Bruce Loney, Public Works Director and Paul Snook, Economic Development Coordinator. A recess was taken at 7:03 P.M. for an Economic Development Authority meeting. The meeting was re-convened at 7:09 P.M. Sweeney/Link moved to approve the agenda as submitted. Motion carried unanimously. Mayor Henderson gave an overview of actions to be considered under the consent agenda. The following item was deleted from the consent agenda: 10.) Approval of Bills. Sweeney/Link moved to approve the consent agenda, as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/Link moved to approve the February 25, February 26, March 4, and March 11, 1997 minutes. (Motion carried under the Consent Agenda). A discussion ensued regarding payment of a bill for the County Road 18 project. Mr. Loney explained that there is a contract and an agreement with Scott County and the bill was submitted based on that agreement. He said the final amount is adjusted based on the actual costs. Sweeney/DuBois moved to approve the bills in the amount of $533,178.58. Motion carried unanimously. Mr. Link stated he would be abstaining from discussion and voting regarding the request for rezoning of property north of 13th Ave., west of Adams St. and south of 12th Ave. Mr. Leek noted that at the time of the original platting, South Parkview Addition was zoned R-2. In 1994 the property was rezoned to R-1 B and the applicant is requesting that the property again be rezoned to R-2. He explained that due to the rezoning to R-1B the applicant was unable to build any two family structures. He said the Planning Commission is recommending approval of the Official Proceedings of the April 1, 1997 Shakopee City Council Page -2- zoning request based on the development of Hwy. 169 and the traffic impacts, which have changed development patterns in this area. Mr. Leek also recommended amending the comprehensive plan map to show this change to medium density. Sweeney/DuBois offered Ordinance No. 481, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located North of Tahpah Park and West of C.R. 15 From Urban Residential (R-1B) to Medium Density Residential (R-2). Motion carried unanimously with Cncl. Link abstaining. Sweeney/Zorn directed staff to take the steps necessary to amend the Comprehensive Plan to reflect zoning changes made in Ordinance No. 481. Motion carried unanimously with Cncl. Link abstaining. With reference to the Church of the Higher Ground property, Mr. Leek explained that the applicant is requesting a variance to allow a lot size of approximately 10,000 square feet for the pastoral home so that he may split it off and develop the remaining area. The property is zoned multiple family residential (R3). He explained that the Planning Commission is recommending denial of the request based on criteria requirements in the Ordinance. He said that while it may not be economical, the opportunity to subdivide the property does exist. A discussion ensued regarding Ordinance criteria, hardship, and reasonable uses. Mr. Leek explained that because the property is not platted the standard size lot criteria must be applied. Zorn/Sweeney moved to deny the variance to the required minimum lot size for the Church of the Higher Ground north of 10th Avenue and east of Naumkeag Street. A discussion ensued regarding available options. A recommendation was made to explore the possibility of rezoning the northern section of the parcel. Mr. Leek then discussed non-conformance issues. Mayor Henderson asked if there were any interested citizens present who wished to address the City Council on this issue. Richard Wiggin, 1135 Shakopee Town Square, Tru Built Construction, approached the podium and stated he was interested in the property. He said he had tried one acre lots facing Naumkeag. He said the last alternative is to try to leave the existing house as the Pastor is living in it. He offered to purchase the house and approximately two acres to change into three 12-unit buildings or senior apartments. However, this idea has been abandoned at this time. In response to a recommendation to change the Ordinance to allow R-1 construction, Mr. Leek said he would not advise changing the Ordinance for a single situation. He added that the decision is up to the Council to determine if appropriate. Official Proceedings of the April 1, 1997 Shakopee City Council Page -3- A discussion ensued regarding the value of an R-1 zone for this property. Motion carried 3-2 with Cncls. Link and DuBois opposed to the denial of the request. A recess was taken at 8:02 P.M. The meeting re-convened at 8:16 P.M. The following items were taken out of the regular order on the Agenda: 14-D2) Request by Clean Sweep for Street Naming, 14-D5) Request of Mike Mobley to Waive Minor Subdivision Requirement, and 14-D6) Metropolitan Urban Service Area (MUSA), Metropolitan Growth Strategy, and Comprehensive Plan Amendments - West Dean Lake Area. Mr. Leek explained that in reviewing the request that a new east/west street connecting to Maras Street be named Clean Sweep Lane, the Planning Commission has expressed a preference for neutrality in street names. Kyle Hanson, Clean Sweep, approached the podium and requested that the street be named Clean Sweep Lane as their plan is to develop the entire area and he felt it would be a natural extension to County Road 18. He said they have met with the neighbors and they are not opposed to the name. He said that while they currently own both sides of the road, he agreed the name should not extend across County Road 18. He said they performed the wetland delineation which made the road possible and requested approval of the name. A discussion ensued regarding street names and it was suggested that street names be reserved for those who have provided long-term service to the community. Zorn/Sweeney moved to deny the request to name the new east/west street connecting to Maras Street to "Clean Sweep Lane". Motion carried unanimously. Zorn/Link moved to direct the Community Development Director to develop a street naming policy to bring back for Council approval. Motion carried unanimously. Mr. Kyle Hanson suggested naming the street Hansen Street as an alternate name since Eugene Hansen was the founder of Clean Sweep. Mr. Leek explained that Mr. and Mrs. Mobley wish to divide their property into two lots. He said that when they made earlier requests that there were two issues preventing the Mobley's from doing so. The first was that the proposed lots would not meet the minimum lot size requirement. The second involved the minor subdivision process of the City Code which only permits minor subdivisions in the case of platted, recorded lots. He explained that the minimum lot size requirement has since been changed. Mr. Mobley's property is not platted. Mr. Mobley is asking that the minor subdivision restriction be waived. Official Proceedings of the April 1, 1997 Shakopee City Council Page -4- Zorn/DuBois moved to approve a variance to the Minor Subdivision Requirement pursuant to Section 12.13 of the Subdivision Ordinance which deals with variations to the ordinance (for Mr. and Mrs. Mobley). Motion carried unanimously. Mr. Leek explained that this differs from the approval of a variance from the previous applicant in that there is not a particular planning issue, the proposed split is consistent with the zoning district. He said the issue is that this is unplatted property located in Old Shakopee, that it is unique and that the expense and process of going through a formal platting process would be very burdensome in this particular case. Motion carried unanimously. Mr. Leek explained that this looks like a variance in Chapter 11, but that it isn't. He is working on making this more clear in the new subdivision regulations. Mr. Leek explained that the Metropolitan Council adopted a regional growth strategy in December which established an existing MUSA area, a year 2020 reserve, and all areas outside of the reserve are intended for long-term agriculture and open space use. He said that the location of the MUSA line is not final and that the Metropolitan Council will be negotiating this line on a community by community basis. He said that Met Council staff is working with city staff and that this is an opportunity for the City of Shakopee to look at how the MUSA was determined in the 1995 Comprehensive Plan. Mr. Leek said there is a lot of interest in the area south of 169 near the County Road 83 intersection and County Road 17. He explained that Mr. Albinson has asked that the City consider initiating a plan amendment to add MUSA. He said he has requested a meeting with the Metropolitan Council to discuss their projections for land demand for the City of Shakopee, especially as it relates to commercial and industrial property. Zorn/Link moved to direct staff to initiate consideration of a comprehensive plan amendment to add the West Dean Lake area into MUSA. Jon Albinson, Valley Green Business Park, approached the podium and explained that the additional MUSA granted to the City in October was almost entirely residential and that the City was told that they had plenty for commercial and industrial. He said that in 1996 Valley Green Business Park sold about 50 acres of land which is resulting in approximately 510,000 square feet currently under construction. He said the issue with the Metropolitan Council establishing what the inventory or supply of currently available land is will result in re-analyzing the supply. He said the issue for Valley Green Business Park is that of demand as they are receiving many calls from corporations. He said a national corporation has also provided a letter of intent. A discussion ensued regarding higher quality and paying jobs that would come with this plan. Motion carried unanimously. Official Proceedings of the April 1, 1997 Shakopee City Council Page -5- The regular order of the agenda resumed beginning with 14-A1) Order Feasibility Report for 1997 Street Overlay Project. Mr. Loney explained that the main reason for considering a street overlay project was due to the County Courthouse expansion and the unknown of what streets would be available for reconstruction in this area. He said discussion regarding a street overlay assessment policy resulted in direction to staff to change the policy to assess 25% of the street overlay project costs to benefiting property owners. He noted six areas to be considered for street overlays totaling approximately 5.4 miles at an estimated cost of $400,000. Of this amount, $100,000 would be assessed and $300,000 would come from the general tax levy. Staff recommended preparing a feasibility report for all six areas and to bring back the report for Council consideration. Sweeney/Link offered Resolution No. 4640, A Resolution Ordering the Preparation of a Report on the 1997 Street Overlay Program, and moved its adoption. A discussion ensued regarding legislative proposals to freeze the debt service levy as it relates to overlay projects. Jim Thomson, City Attorney, explained that before proceeding with the project there must be a finding that it is necessary, cost effective, and feasible. Sweeney/DuBois moved to amend the motion to include the language in the resolution that the City Engineer must have a finding that the proposed improvement is "necessary, cost effective and feasible" before proceeding. Motion carried with Cncl. Zorn opposed. The original motion as amended carried unanimously. Sweeney/Link Offered Resolution No. 4638, A Resolution Requesting Advance Encumbrance of Funds from the General State Aid Construction Fund, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link moved to concur with staff to continue with the quick take condemnation process for the acquisition of easements required for the Maras Street Improvement Project. (Motion carried under the Consent Agenda). Mr. McNeill explained that Mr. Ferrozzo had paved a portion of the shoulder of his ditch and placed large landscaping boulders in the ditch in front of his home. Because he refused to remove the work, he was charged with doing work in the public right of way without a permit. As a compromise, Mr. Ferrozzo wasgiven the opportunity to paya double fee for a retroactive permit P � PPo Y and to pay for the attorney time in drafting the necessary documents ($150.00). Mr. Ferrozzo has also accepted responsibility for the maintenance and replacement of the paved surface. Official Proceedings of the April 1, 1997 Shakopee City Council Page -6- DuBois/Zorn moved to approve the agreement by and between the City and Scott and Joanne Ferrozzo. A discussion ensued as to what would happen should Mr. Ferrozza sell the property and notification to subsequent owners that this is a restrictive covenant that they are bound to. It was noted that the agreement runs with the land. Motion carried unanimously. Mr. McNeill explained that the 1997 CIP and budget has $50,000 allocated for the acquisition of a site near the civic center for a fire station. He said that unless there is timely action any potential site may be acquired by a developer and would either not be available or would have a higher cost to the city. Mark Huge, Fire Chief, approached the podium and said that they are considering a site outside of the MUSA for cost reasons. Based on an analysis, he said this would encompass a circle south of the civic center to C.R. 15 and on the south side of the bypass. Sweeney/Link moved to direct staff to begin the selection and acquisition process for a site for a fire station 1.1 in the area of the civic center. Motion carried unanimously. Sweeney/Link moved to declare sixty-five (65) bicycles surplus property and authorize the City Administrator to sell or otherwise dispose of these items. (Motion carried under the Consent Agenda). Sweeney/Link moved to pay Rick Sames Construction Company an additional $158.16 for work performed at the Community Center to be allocated from the Community Center Project Fund. (Motion carried under the Consent Agenda). Sweeney/Link moved to accept the resignation of Judy Salchow from the Park and Recreation Advisory Board, with regrets. (Motion carried under the Consent Agenda). Sweeney/Link moved to nominate and appoint Sean Laughlin to the Park and Recreation Advisory Board to fill the unexpired term of Judy Salchow ending February 28, 1998. (Motion carried under the Consent Agenda). A Recess was taken at 9:14 P.M. The meeting re-convened at 9:28 P.M. beginning with 14-D1) Discussion of Establishment of a Community Development Commission. Mr. Leek explained that when the City Council was considering restructuring the EDA, there was a sentiment to create a Community Development Commission for public input. Other communities were contacted to see what they did when they have an EDA. Official Proceedings of the April 1, 1997 Shakopee City Council Page -7- Mr. Leek explained that one alternative to creating a Community Development Commission might be for the EDA to appoint an ad hoc committee with a specific charge to advise it on the Hwy. 101/CR-17/ Downtown corridor and other issues it deemed appropriate. He added that this would not require an amendment to the City Code. Zorn/DuBois moved to amend City Code Sec. 2.50, (Boards and Commissions Generally except the Shakopee Public Utilities Commission), to add a Community Development Commission. A discussion ensued regarding the ad hoc concept. A concern regarding citizen involvement was raised as well as the benefits. Motion failed 3-2 with Cncls. DuBois, Sweeney, and Link opposed and Cncls. Henderson and Zorn in favor of the motion. Sweeney/DuBois moved to recommend to the EDA that it establish an ad hoc community development committee with the specific responsibility to address the Hwy 101/CR-17/Downtown corridors. Motion carried unanimously. Staff asked direction from City Council on what it wished done with the approximately nine acres that remain from the purchase of the fire station property. Sweeney/Zorn moved to direct staff to proceed to dispose of the property (±nine acres adjacent to the new fire station on Fast Vierling Drive for residential development. Motion carried unanimously. Cncl.Sweeney suggested that the City plat the property and move the gas line. A recess was taken at 9:46 P.M. for the purpose of holding an executive session to discuss Ryan Contracting Vs the City of Shakopee, labor negotiations, and matters permitted under attorney- client privilege. The meeting re-convened at 10:21 and no action was taken during the closed session. Zorn/Link moved to grant the developer of Westridge Lake Estates an extension of the 12 month time period for approval of the Preliminary Plat by an additional 12 months. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4639, A Resolution Setting the Public Hearing Date to Consider the Vacation of Portions of The Right-of-Way of Apgar Street South of Tenth Avenue, and moved its adoption. Motion carried unanimously. Zorn/Sweeney moved to direct staff to remove the east and west stop signs at 10th Avenue and Apgar Street. Discussion ensued regarding the removal of the stop signs prior to the public hearing. The pros and cons were discussed as well as a traffic analysis. Official Proceedings of the April 1, 1997 Shakopee City Council Page -8- Motion failed with Cncls. DuBois, Sweeney, Link, and Henderson opposed. Sweeney/Link moved to authorize publication of notice in the "EQB Monitor" and distribution of the draft EAW for review and comment. (Motion carried under the Consent Agenda). Sweeney/Zorn moved to offer the old City Hall property to the EDA for the sum of $75,000. Motion carried unanimously. Zorn/Sweeney moved to transfer title to the EDA for the other properties in Blocks 3 and 4. Motion carried unanimously. Mr. McNeill explained that the Clerical/Technical Bargaining Unit has decertified and is no longer represented by a union which necessitates a change from the old pay plan. For the proposed 1997 pay plan, he said that a 2.5% cost of living, lump sum, or combination of both have been factored in. Changes would result in everyone being on an 8-step system. The Fox Lawson pay equity plan suggested that those currently at or not yet at the top step on this pay plan would go to the next higher step on the plan in comparison to their current pay and then go to the next step on their anniversary. Rather than points, there are pay grades from A-P based on a combination of slotting positions or what the previous MAMA points were. Mr. McNeill explained that there are a handful of positions which have unresolved issues: 1) exempt and non-exempt employees in the same grade, 2) Engineering Tech III and Tech IV in the same grade, 3) the market rates may not coincide with the pay plan for certain positions, and 4) pay compression - may not be enough difference between some positions where some get overtime and other do not. He said that he is not asking for Council approval tonight, but wants to take this to the employees and get their comments and bring the plan back for Council action. He asked Council for a consensus on what they want. There was a consensus to go with a 2.5% cost of living, lump sum adjustment or combination of the two. Sweeney/Link moved to authorize proper city officials to execute a conservation easement as proposed with the Scott Soil and Water Conservation District for 38.7 acres north of Memorial Park in exchange for$48,795.67. (Motion carried under the Consent Agenda). The meeting recessed at 11:00 P.M. for an executive session to discuss labor negotiations and matters permitted under attorney-client privilege. The meeting was re-convened at 11:05 P.M. No action was taken during the closed session. Sweeney/Zorn moved to adjourn to Tuesday, April 8, 1997 at 7:00 P.M. Motion carried unanimously. ?dith S. Cox, Aty Clerk Esther TenEyck, Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 8, 1997 Mayor Henderson called the meeting to order at 7:03 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeil, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk. Sweeney/Zorn moved to approve the agenda. Motion carried unanimously. Atwood Street was removed from the public hearing discussion. The public hearing on the proposed vacation of Fuller Street between 4th Avenue and 5th Avenue was opened. Mayor Henderson imposed a five minute rule asking that comments be limited to five minutes and that everyone be allowed to speak once before individuals speak for a second time. He also asked that comments be limited to new views and comments. Having no comments from the Councilmembers, Mayor Henderson asked if there were any interested citizens present who wished to address the Council on this issue. Ralph Lenzmeier, 212 5th Street, approached the podium and stated that the pros and cons of the proposed street closing request have been heard. He said that if the County chooses to look at sites outside of Shakopee that this would result in a Justice Center separated by miles as opposed to one separated by Fuller Street. He added that sensibility was not considered. He said the proposed utility relocation expenditures would not be necessary if the center were separated by Fuller Street. Dawn McQuillan, 1585 Monarch Street, President of St. Marks Pastoral Council, approached the podium and stated she had an additional 100 names to add to the 600 on the petition she had previously presented. She said they continue to oppose the closing of Fuller Street until the County is able to show, with satisfaction, that the overall projected benefits of the proposed design exceeds the cost and inconvenience. Father Bill Stoltzman, 330 W 4th Avenue, approached the podium and stated that Commissioner Malz sent Mayor Henderson a letter relating to a legally binding resolution which was adopted by the previous Council. He noted a difference in a letter sent by Mayor Laurent which stated that the City would work with Scott County to develop a transportation plan, and will support the vacation of streets necessary to implement the final transportation design. He said that in the Resolution passed by the City it stated that the City will work with the County to develop a transportation plan that would provide access to the site and to support the streets necessary to implement the plan for the area. The difference, he said, is that the Laurent document stated that the Council "will" support the vacation of streets, while the resolution stated that the City would "work" with the County to support the vacation of streets. Therefore, he said that there was no foundation for the County to sue. He added that the County does not yet have clear title of the land. He also said that the foundation of eminent domain is based on the greater common good. Official Proceedings of the April 8, 1997 Shakopee City Council Page -2- Father Stoltzman addressed the tunnel and skyway options and thanked Commissioner Malz for providing figures relating to their costs. In terms of the principle of the building, he said that maximum user friendliness does not accept the ability of the people of Shakopee to find their way as only a few may inquire about direction in a months time. In relation to traffic studies, he noted that approximately 1500 people would be re-routed out of their way by two blocks. He asked where the convenience was. He then noted that the same architects designed the Chaska site which included a skyway over a walk. Norbert Schmidt, 963 Atwood Street, yielded his time to Father Stoltzman. Father Stoltzman then stated that in looking at the downtown businesses, you must look at the real cause of the businesses that have closed. He mentioned the bypass and the development on 1st Avenue. He said in speaking with the downtown businesses, they said their business would be effected if the County chose another site, but would not likely cause them to close. In terms of convenience, there is a need to facilitate access rather than giving the people barriers to go around. In terms of money to the County, he said they may have grounds as there would be a cost to build a skyway. However, he was concerned about the morale of the citizens of Shakopee who are clearly against this design. He asked that the decision the people would feel most comfortable with be considered. Rolland Pistulka, 1371 W 6th Avenue, approached the podium and discussed the history of the Scott County controversies from 1849 to the present. He said the past must be looked at in order to prevent future mistakes. He would like to see a win-win situation so as to keep the Center in the downtown area and keep Fuller Street open. Bo Spurrier, 1717 Presidential Lane, former engineer for the City of Shakopee, approached the podium and stated he was surprised to see the values for the proposed tunnel and skyway. He said he has looked at similar project costs in depth and has constructed a tunnel in Minneapolis. He said he could see no reason for the $1.3 million proposed cost for a skyway as he feels that he could build one for under $750,000. He suggested the estimates be looked at closer and made more realistic. Mayor Henderson asked Scott County Board of Commissioners Chairman Ralph Malz or Commissioner Art Bannerman if they had any comments at this time. They stated they would wait until everyone was heard. Lawrence Samstad, 1342 10th Avenue E, Civil Engineer, approached the podium. He said that what has been said was not an exaggeration and that the material under Fuller Street is much better quality than what he is working with at the University of Minnesota and could certainly lead to a reasonable cost as far as tunneling is concerned. Official Proceedings of the April 8, 1997 Shakopee City Council Page -3- Mr. Samstad showed the Chaska County Courthouse with a skyway over a pedestrian walk. He said that the same architect for the Chaska Courthouse maintains this cannot be done in Shakopee. He said if this could be done over a walkway, it could also be done over a street. He said that it has been implied that the petition referred to was received by dragging people in from the streets and that this is an exaggeration. Mr. Samstad said that the figures from the County on the cost should be checked carefully and are not signed by a professional. Mr. Samstad said that as a resident, he detests the threat that the County will sue the City. He said the County has made a number of mistakes and referred to the resolution also referred to earlier. He added that there is access to the courthouse from the north and south from a collector street. Mr. Gregg Davies, Project Manager, approached the podium and explained that the Chaska walkway was made for employees to go from building to building. He said it is a much smaller span than Mr. Spurrier had spoken of. He said he would stand behind Wold & Turner's cost estimates. He also said that a tunnel would be intended to be a full scale public tunnel rather than for safety reasons, which is why the cost would be higher. Jack Hennen, 567 Theis Dr., approached the podium and stated he was not sure if closing Fuller, building a skyway, tunnel, or condemning Fuller Street was the answer. He said it is important to him to have the Government Center in Shakopee and to keep the government in one location. He added that he did not know why two government bodies can not work out a solution favorable to all parties and keep the government in one location. Connie Heine, 220 5th Avenue W, approached the podium. She said that there are massive egos and people afraid to admit they are wrong. She said she was impressed when the City voted not to vacate Fuller. She said it was her understanding that the County and previous Council seem to have an agreement that was not quite right. She said the County is using bully tactics and asked what was best for Scott County. Where is the least waste and money spent. Mayor Henderson stated that to date there is no suit filed and the threat is a mute point at this time. Mr. Davies approached the podium and thanked the City for reconsidering on behalf of the County. He said they have been listening and desire to continue to maintain a relationship with the City of Shakopee to create a win/win situation. He said all options have been looked at and actual costs obtained. He said the County has determined that they cannot build without the closing of Fuller Street. He said the issues of the tunnel or the skyway are irrelevant at this time. He said it is in the best interest of Shakopee citizens to pursue the Government Center Campus concept. However, the bottom line is that the request for the vacation of Fuller Street is necessary to keep the campus in Shakopee. Official Proceedings of the April 8, 1997 Shakopee City Council Page -4- Commissioner Malz approached the podium and stated that the County does not end at the city limits of Shakopee. When the County Board makes a decision it is for the good of the county. He said when they got into serious planning, they got into a campus plan for a 50 year plan. This plan has been lost somewhere along the line. He said that competent professionals were hired and the County Board has consented not to compromise the design. Brian Nassi, Acting County Administrator, approached the podium and said that while the Board has primary input as to what it wants to construct, they have to look to the professionals to make recommendations. He analogized a situation in which the Bloomington Fire Department chose a site for a new fire station in his own neighborhood. He said that while the location of the fire station was not negotiable, just as the design of the Justice Center is not negotiable, the neighborhood did have some input as to the access. He said the County had a larger plan involving Shakopee and has given up access to Atwood Street and has made serious accommodations. He said the County is not trying to threaten anyone and is convinced the County has the ability to condemn property, but does not want to. He said if the County is to remain in Shakopee, Fuller Street is necessary for the Justice Center to work. Commissioner Malz explained the original site selection process for the Justice Center. Downtown was one of the sites. The St. Francis property was bought to put land mass together. They looked at 20-acre sites. If the Justice Center does not stay downtown, they need a 20 acre campus and will gradually move. Marty Glynn, 128 W 5th Avenue, approached the podium and stated that the County was threatening the City of Shakopee and the residents into going along with their plan. He said he did not want to see the streets closed from a firefighter's perspective. Norman Meier, 826 S. Scott Street, approached the podium and asked where the City draws the line. If this street is vacated, what is next. Norbert Schmidt, 963 Atwood Street, approached the podium and suggested that the City and the County share the cost of the skyway between the buildings. Lawrence Samstad, 1342 10th Avenue, approached the podium and said the County has stated that the plan will not change. He said plans can and do change. As for the cost of the skyway, he said the County has already destroyed a multi-million dollar building that could be on the tax rolls. He then asked why the City should give up a street as well. Bo Spurrier, 1717 Presidential Lane, approached the podium in rebuttal to values for a tunnel. He said he could build a 140-foot tunnel with setbacks on each side; a medium size tunnel for $400,000; and a fancy tunnel for $700,000. He said he did not feel that the values being used reflect Shakopee or Minnesota prices. He said this is a representative value for these types of improvements. Official Proceedings of the April 8, 1997 Shakopee City Council Page -5- Bill Wermerskirchen, 251 W 128th Street, approached the podium. He explained that he was Chairman of the Board when the hospital property was sold to the County and that it had been for sale for three to four years. He said at that time the County had stated they only wanted the property as raw land. He said he feels that the courthouse is very important to Shakopee and that the Council's job is to vote for what is best for all of Shakopee. He would like it downtown. Commissioner Malz approached the podium and stated that the County bought air property, and part of the agreement was that St. Francis was to remove the building. He said this was unanimously accepted and was part of the deal that kept the County in Shakopee. Father Bill Stoltzman, approached the podium and stated that the County is determined not to change their design. He said that "form follows function" is classic in architecture and that the important thing is to complete the job. He said that a common entrance will not make any difference, that the people will either go to Social Services or the Justice Center regardless of the form it takes. However, it may make a difference to those people going from one building to another. He said he observed the Chaska site and the number of people going from building to building was very few. He said regardless of the form, the building must serve the people. Connie Heine approached the podium and suggested that if the County does not build in Shakopee they will have to develop new plans. Why not stay here and use the money for new plans here. Commissioner Malz approached the podium and stated that the design has been studied very closely and reminded everyone that this is a County building connected to a County building, designed for efficiencies projected by the County Board and refined by professionals. He said this is not a "take it or leave it" attitude. It is the most efficient design the County is willing to put their money into. Having no further discussion the public hearing was closed. A recess was taken at 8:25 P.M. The meeting re-convened at 8:33 P.M. Cncl. Sweeney explained that in the early negotiations, the previous Council had determined that it was more important to retain the courthouse than to retain Fuller Street. He said he would vote again to close the street. Cncl. Link suggested that the City might offer the County an incentive to remain here, suggesting that they split the cost of the skyway. Cncl. Zorn stated that he would like to see a win/win situation. The best solution for the City of Shakopee is for Fuller Street to remain open and for the Justice Center to remain at its present location. Official Proceedings of the April 8, 1997 Shakopee City Council Page -6- Cncl. Zorn stated that while he did not believe the County would leave the proposed site, he was not willing to take the chance, as keeping the Justice Center in the City is important. Cncl. DuBois stated that she discussed the vacation with Dave Hutton, former City Engineer, and that Apgar and Scott are not considered for collectors, but that Fuller Street is designed as a collector. According to Minnesota Stature 412.851, the Council must find that the vacation is in the best interest of the public. She said that this decision should be based on facts rather than on fear and intimidation from the County. Mayor Henderson stated that after conducting a traffic study of his own, he noticed that most of the traffic goes up Holmes and Scott rather than Fuller because they are through streets. He said that the traffic analysis studies have been for trips to the courthouse, where most of the traffic is coming from. He said he could not and would not gamble with the future of Shakopee over one City block or street. He believes that a vote to move by the County Board is there. He urged the County to work with the City of Shakopee. Cncl.Zorn stated that he felt that it is best for the City to keep the courthouse here. He wished the County would work to keep Fuller Street open. Zorn/Sweeney moved to direct staff to prepare a Resolution to vacate Fuller Street between 4th and 5th Avenues. Motion carried 3-2 with Cncls. Link and DuBois opposed. Sweeney/Link moved to adjourn to Tuesday, April 15, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:59 P.M. J • th S. Cox 'ay Clerk Esther TenEyck Recording Secretary f CITY OF SHAKOPEE CONSENT ,Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 1, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 05/01/97 . 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-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $25, 994 . 95 . Action Requested Move to approve the bills in the amount of $163, 757 . 30 . 1oo CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/02/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 151 16,507 18 12 CITY ADMINISTRATOR 249,980 4,699 59,378 24 13 CITY CLERK 166,720 4,681 49,239 30 15 FINANCE 322,780 7,556 74,373 23 16 LEGAL COUNSEL 217,320 0 48,048 22 17 COMMUNITY DEVELOPMENT 451,290 7,521 91,141 20 18 GENERAL GOVERNMENT BUILDINGS 146,940 807 35,007 24 31 POLICE 1,703,140 50,532 558,419 33 32 FIRE 448,990 0 87,387 19 33 INSPECTION-BLDG-PLMBG-HTG 245,070 7,020 74,589 30 41 ENGINEERING 425,780 13,102 101,486 24 42 STREET MAINTENANCE 781,860 6,446 189,095 24 44 SHOP 126,540 3,187 38,697 31 46 PARK MAINTENANCE 350,420 7,117 62,799 18 91 UNALLOCATED 622,630 0 32,595 5 TOTAL GENERAL FUND 6,348,870 112,820 1,518,759 24 17 COMMUNITY DEVELOPMENT 496,770 0 128,097 26 TOTAL TRANSIT 496,770 0 128,097 26 H 4) 0 a a 4 A a. 114 114 04 041144140404a+ 64 414 04 aa 114 414 04 414 104 64 04 alt H H H H HHHHHH H H H H H H H H H H H H z I:4 w OM aE A z 0 z w U mmmmmm 01 O H N M V' in H M N N N N N N N N m m m m m m m MMMMMM O N N Nm m m m M f�'1 m mm Z H O 0 0 mH 0 0 0 0 0 0 Hm 0 0 0 H H o 0 o On M 0 �..� 10 O O M 0 0 0 0 0 0 M O O O m m 0 0 0 O M O m O O M 000000 M O O O M M H m co 000000 M H H 0 m co p O m m H 0 m m m In Z HH MH H m m 0'101 d>01 T CO H co (N N H Z W H H 0 H MMMMM H M H m H H M 10 m H H V' A W N N H N d'V'V'V' d'V' N V' N V' N N V' m V' N N m o(3 I 1 I 1 1 I 1 1 t 1 I I I I I 1 I U E N N H N HHHHHH N H N H N N Lo H N H N H N H OZ H H O H NMNHM HI H H In H H N 0an <r on 01 N 0 0 O 0 000000 0 H 0 0 0 0 H 01 0 o O 0 0 o rn o 000000 0 0 0 0 0 0 0 ZZZZZZ w01 HHHHHH W zzzzzz x 0 HHHHHH W z w 0 �WWWWW W w HEa-'EP'CP'FH 0 0 Z \\\\\\ H H H a U P < < ====ox ox M U(A H 0 000000 W 0 H a 0 ������ W Z M 000000 0 z z C PO P H '.0 W A H o 0 ZZZZZZ 0 m M W x Wa] H n o 3 W N x x x x x x 0 W ' 0 0 W In y1 w w w w w w I W m 1 w w H coIco A O N E wwwwwr= m r.x o .4. p aNN co W M 000000 Il 0 0 0 Cl Cl a H H m m4 O 0 a w 000000 N a U a N N a E A N N. >' a W A N A • z Ln m O A V O4 m a w 0 A a 0 4 M Zy H W H H 0 H X0 0 0 Wq • A Z H a to E+ E .1 a H N ZW x W M M M M M M U 00 E Cl) w z H 4 N > 0 ' x aaaaaa XI W W 0 0 m U X H I�r•C<4<< 0 aaaaaa 0 0 Cl) A A A Z 0 W 1 1 1 1 1 1 Q'i Z U 0 H H Z W .< r� a 0 HHHHHH a 3 E-' \ \ Cr) Cl) a 04 < m .1 a Cr) Z HHHHHH Cr) 0 0 Cl) 0 0 Z Cr) a W W 0 H Iii 4 W 0 AADADD W 0 d 0 0 H ZZEZEE a a m A U U 00 x Z a a m N * * * * * * * * * * * * Cpm ClHHm 00 NN 0000000 O O 00 00 00 NN In In HHV V 0 0 m Cl O O MM 0 H H 0 4 El MM M M 00 1111n 0000000 C 0\ 00 00 00 00 HH V'V' 'E A mm mm 00 HH 0000000 rC, 00 mm MM 1010 MM MU, LOM MM Hr.. NN m O NN HH 00 NN (N10NN N Vm 101D 00 NN Cl M 00 00 MM 010\ 1010 NN NN l0 10 N N to In N N &I)- i/1 L}t?+h O O N N H H O O m m 0 0 41)-t? 4/1-.W. r/2-N L?t? HVf V? in. t? CO.W. L}t? 1/}L? LT L} V}t? In In N N H H N r a HH 41.4n- 4O.4/> 1>4/)- O 4/1.4/1- W x W 0 W P m rn rn rn rn rn M W ' 10 1p 10 10/010/010 10 10 10 10 10 ' 1D N N N MN N H E• H H H H HHHHHH H H H H H H N \ \ \ \ \ O a' \ \ \ \ \\\\\\ \ \ \ \ \ \ \ V V' V d• V' W (a V' V' ' V' V'V'V'V'V'V' V' V' V' V' V' V' V' 0 0 0 0 0 a 0 0 0 0 000000 0 0 0 0 0 0 0 N N N N N 0 N an 0N N NSNNNN 0' N NQ r N N0 N o, m o, 0 en U W on 0 m on of 0'o,01 0l o, m 0 rn o1 on of on on an an 0 o, m m W x H 0\ H H H H H H H H H H H H H H H H H H H H A U H H H H H HHHHH H H H U 0 LD N CO 01 0 H N Cl C to 10 N N H Z N ClN a' N N N N M M M M Cl Cl Cl Cl H N N N N N A A N A N A N A N A N A N A N A N A N A N A N Z 0 A A t` A A N * N * 1. .. v... vi. v* 1.* vie V'* cr.. V'* V'* V' W Ln v In V my 'Inv to V In V in V N V in V 111 V M V In V In V Ln V In V In V In O x U U J N 11) ETId Lel a p a 0404 x xxxxxx x x= xxx x x x x x x x xX H 00 0 000000 0 00 000 0 0 0 0 0 0 0 00 z x W 0'x a A Z 0 Z w O O 0 U 01 01 01 H l0 H N m m M M M M d'd' 01 01 01 01 M in d' I-r- O 0 HH d' H.-IHHHH Hri L9 VD l0 m N H CO N N rHH 'J M 00 N 000000 0 00 NNN d• 01 co O cr 01 040 00 Z Ln d'd' N Cl.cr cr Cr.d'd' N d'd' O O O N M l0 d' m m CO d'd' H 0 00 03 000000 CO 00 000 U) O 00 O N O d' 00 O 00 H 000000 cr 00 ririr-I rl O N O On O Ln 00 N O O O HHHHHH O O O 0 0 0 O O O U) O N O 0 0 E-I in 0)H d' N N N N N N H M M H H L() d' H H H M N H H H Zr cr m 4. N M m m m c M N N N N N M N M M N N d' N N N W Al d'd' d' d'd•d'd'd'd' d' d'd' d'd'd' d' d' d' d' d' M W d'd' OPO l i i l i i i i i i i l i i I I l I I l I I I I I O X H d'V. H H H H H H H H H N H H H H 0) H N d' N H N N U.7- d' 0)0) d' H N N M H N H W 00 to Ln ri d' M M N U) 0 H N r a'z N H H d' M m H m d'H d' H H H N O) d' d' 1/40 d' N o m H H 0 00 0 000000 O o0 000 0 0) 0 0 o N o 00 W W Cl) m 0 �00i W W Z mmmz 0 H Cl) C!)m O Z W w w H Z > > W W W H W H Hx W x x Cl) H HH E w E a -) - Cl) El w w w a .1.1 a Cl) U Z a EE 0.la,H Z Cl) Cl) E H a as H Z H H a Z lal 0 H Z E a as IX 0 > 4 HH .)am 4 .1 1-1 H H .�.� U) x w XX mma Z Z E H Cl) mm W 0 CO E WW WwWw 0 00 E 0 0 Cl) E C7 C7 C7 C1 U >IU) W 000000 H ZZ HH'Z W Cl) CO 4 Z 4 H HH CC) H4 Z aaaaaa At AA KCAtE a W w x 01 x g4 g4KC D .1E H WWWW 41 41 x .1.1 xxz H Cl. Ci. W .1 E 04 x04 44 H z p .1.1.1.1.1.1 W H H W W H p 0 0 E H W W w w E-.41 0' WWWWWW a pp aaxCD! x x g4r C x 0 a as X 0X w EEE EEE 0 a)m 00a. w a a X x >i 0 00 U)Cl)Cl)Cl) Cl)Cl) 000000 00 xxxxxx W H At At 0 wwwwww 0 x Cl) U 2 cnmu)ulU)u) z C)Li a C7 E Z 007 En U) H H z z Ft 2 U F--H �i 0 z z EE mCnmm En HH V) U) x H 2 Z HH x a s U m m m m m m Cl) 0 0 0 E C7 .1 0 W W H E E o At FC w wwwwww 0 zz UUU x 0 a o U w .1.1 C1 .1 .1 .1.1.1.1.1.1 H o0 At El H x H .1 w Dx Ln z H 0x04 w wwwwww z C)C) 040404 Cu 0 x a 0 0 04 mm N w At 00 xxxxxx 0 www x 0 x U At ;4;4 C7 0 HHHHHH x EE aaa 0 Cl.. U U 00 a; 41 41 E 333333 E mm ACAtAt E .1 U - W 0U 41 41 x 0 41 43 aaa D w 4 O cn Cl) C7 A �� At EEEEEE w as At .1 w x Cl) z 0 41 41 4141 x 41 41 .1 04x4 o 3 7y w w H N At .1.1 m .x.3.3.3 .3.3 W mm 000 1 0 2 �G 2 m Cx' UU 01 0 o0 oa EEEEEE E1 i 0000 0 x x >4 Cl) x x V)V) H Cl) N N FC /&FC FC/C 4 4 4 FC Q FG rY PO W U U) PO 0 0 0 0 N * * * is * * * * * * * * * * * 00 M d'N NN ri O M 01 x00)0 d'd• N aD LA d'an VD 0) d'd' d'd' 00 an ch CA Cil 00 NN 000 >i E 00 Ln cr O) d'd' O0r-1N0001 O00) LO VD NLf)c0 NHr-rl NN LC)U) 00 0101 d'cr 00 NN 000 '£ 0 Nd' U)Ma0 00 NMU)00)0N NN ao co LD L-L-MO 00 NN 00 lib In U) up un 0)0) 11)0)0 0 Nm Nrrm NLS LANHHmH U) 1010 l0U)N V}m cr co 10 ID 0)0) 1010 OO NN ri rl 1010 VT[r Ln up-En- l0 01 U) W-4/1- ri V?J)- V)•N i/?V} H L}N N N O1 V) 1) N N V> ' N C 01 01 V}Lf H H N N H V? . V? V. i/! V? V}VT i? V>V} in--LA- 4/1-if)- VT 411- 04 fx H N H H Cs. 4 V}VT VI-i/} 0 W x x 0 W • E Cl) W 01 HH H HHHHHH H HH HHH H ri rH rl ri ri H HH H E N O O O 0 0 0 0 0 0 0 0 0 0 0 0 O OO O O O O 0 0 O a \ \\ „. \\\\\\ ,„ \\ \\\ \ \ \ ' \ \ \ \\ W 0 d' LA Ln LA U)U)U)U)U)U) U) U)U) in in in in U) U) U) U) U) U) in U) 'Y. O 0 0 O 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .>� U N Nr N NNC-r-r N N r-r- NNN N N C` N L- N N Nb U Cx4 01 01 01 0) 01 Cr)01 0)O1 0) O1 01 0) 01 O1 O1 01 O1 O1 0) 0) 0) 0) O1 0) w x 01 O1 0) O1 0)0)0)O1 0)CA O1 01 0) O1 O1 O1 0) O1 0) 0) 01 0) 0) 01 01 X U H HH ri HHHHHH H HH HHH H H H H H H H ri ri 0 0 4 z N 0 0) 0 H N m d' LA w N CO 0) 0 H H M m m d' d' W cr d' d' d' d' d' d' U) LA U "4 N A N A r- A N A L- A N A N A N A N A N A N A L- A N A N A N A Z U w* d' * d'* w * d'* d' * d' * d'* w* d'* d' * d'* d'* d'* w 41 0 Ix] LA V LI) V LI) V U) V U) V U) V LI) V LI) V Lf) V LI) V U) V 111 V LA V LI) V U) V O x O U Cl ID Cn ID a a x x x x x x x x x x x x x x x x x x O o O O o 0 o O O o o O o 0 0 0 o O X x w 0c a x Z 0 z CTI U U1 H o LD 01 0 in H 10 C. CO 01 O H 0 H W N H N 0 N N N N LD N N > 0 N 0 N 0 CO U1 H 0 lf1 a1 0 01 a1 H a1 01 Z d' a0 d. 0 N m a0 N d. N m O Tr. m m d4 m m H 0 LO 0 d' N a1 d• H 0 N 0 LO 0 0 0 a0 0 0 0 N 0 W Cl N N H 0 H 0 01 0 0 0 H 0 0 Cl LO 0 0 0 0 0 0 0 0 U7 0 0 Cl 0 0 0 0 H Cl Cl Ul H Ill H d' H H H H H Cl Cl 01 d' H H Z a d' d' Cl N LO N N Cl Cl N N Cl Cl d' Cl LD Cl N 'a w d' d' d' d' H d' d' d' d' d' d' d' d' d' d' H d' d' O m 1 I I I I I I I I 1 I I I I I I I I O Z H H H H H H H H H H d' Cl Cl H H O H N O M H N H d' O Ul N U1 H N N N U1 U1 N CO N H FC Z d' w 01 d' o N m N w m Tr H N H H N d' m o o 0 0 01 0 0 0 0 0 0 0 0 0 0 01 0 0 zz H H H H O C4 0 Cr] Cl) Cl) Cn w H 0 U 0 U H 0 Z a Z Cl) Cl) � H H Cl) H w \ H Cl) o w H w w Z > w > 0 a > w H a x H H W C4 a H f14 Z O fx H H Cl. Cl) a Cl) a H Iii w a w w O w a a H a w a Z Cl) Cl) a Cl) H x co a H Co a a 0 a H a Cl) 0 a 04 z m x Od a 4 a a a a H Cl) a x Cl) Hff a Cl) x Z z rn Z Cl) w Z co Cil H 0 U 0 El O O C7 m O a U H O C7 a a C.7 Z Z Z H H Z a H Cl) Z Z H Z H Z H a H W Cn Cl) H FC Cl) \ cal w co H 0 H 4 H El a Cl) Cl) 4 H Cl) w w a Cl) 4 Cl) Cq z o: a fx H Ix. Cr, a w Cx. > Cl) Cx., H CI. rx CII CO H w w w x O O W H 0 4 w Z O w a a a a a x a a 4 x a a O OI rx a a Cl) a 0 a O w a a O x a H a U w a o z 0 0 H Z Z H H Cn 0 0 z Z a Z>1 Cn H Z H a Cl) H a Cl) Cl) Cl) U xoww 0o U Cn H Cl) Z o z H• � o El cD 4 to C' CO a 04 o Z w a w z Er) Z Z a a w x U Cl) a x x C7 Cl. H N w 4 X £ H a Cl) Cl) H Cl) 0 C9 FC Z Cl. 0 0 UH a z w C7 z x H 0 w M 0 0 0 zH O Cil z O Z H Z > U H co 0 Z H >' a z H Z Cn 4 x3 4 z w Z w X w w fx O Cn w 4 a' Cl' >C H Z N w x Cn 510 w H x a w H H w 01 >. £ Cl) Cl) a Z x m C.) a FE w U a 01 H w0 w Z Z H Cl. Cl Cl) X a o 4 o a H H a r7 !x '.7 D Cl) >C H H O a Cr. O R: m a O 0 a a a a a W w Cr, Cx. cr, f=. 0 0 0 0 0 N * * 4, i, 4, * * * * * * * * * * * * * 00 WW NN lD lO 00 Cl M 00 00 MM 00 d'vr 00 00 00 00 (Ol U1 ClM 00 ,>-I E-, 00 U)Lf) CO U1 H H 00 0101 00 00 00 00 NN 00 N N 00 00 N N UI UI W1O FC Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x "a 00 Ul LO NN 00 NN 0101 NN d'd' SN SN Mm 00 NN LI)Ul 00 NN NN 00 O d'd' 0 O LD IO S N oo a0 lO 1D S N r N H H N N l0 IO 0 0 M M N N III U1 o0 W H H H H 411-W- H H Cl Cl t?t/1 d'd' d'd• H H M.t/} W-41)- tn•t/} H H O O t?t? H H 1?t? N N W.t? t/}t/} H Fti W.t? L}C> VI-L} i?L} +?L} i?W. C-M- C4 fx NN H H 54 t?t? t?in- 0 ?0 w X fx 0 w H Cl) w H H H H H H H H H H H H H H H H H H H El 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 4 w 0 CO U1 U1 CO UI CO ill LO CO U1 Ul LO U1 CO Ul U1 U1 U1 04 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `.4 U N N N N N N N N N N N N N N N N N N O W 01 01 01 01 01 a1 01 a1 01 01 01 01 01 a1 01 01 a1 01 w x 01 01 01 01 a1 01 a1 01 a1 01 01 01 01 01 01 01 ai a1 X U H H H H H H H H H H H H H H H H H H 0 O a Z N Cl d' CO U) N CO 01 0 H N Cl w U1 ID N a) 01 H U1 U1 U1 U1 Ul U1 Ul U1 kr, k t0 l0 l0 '50 1D l0 LO LD U N n S. n N A N n N A S. A S. A N A N n N A N n N A N A S. n N n N n N A N n Z 0 d•* d'* d'* d'* d'* .4. 4. .4.4. .4.1. d'* V* .3.-I. .4.1. d'* .4.-x .4.4, .4.4, .4.4, .3.* a W UI v U1 v ti) v in V U1 V LI) V LII V LO V In v In v UI v Ul v U1 v U1 v Ul v CO V Ul V U1 V o x U 0 w w M fE a a 0 04 MMM x04 x x x xxxxxxxx x x x x xxxx x04 x 0 000 00 0 0 0 00000000 0 0 0 0 0000 00 0 X W W OW aE D z 0 z W N U m H N 000 HN M m. In t.okoLOL9kokoNN co 00 0 01 NNNN Tyco O N 00 00 O WW CO CO CO 00 00 OO C7 00 00 OD 00 N CO 0\ 00 m m m m NTP U1 'J 0 01001 0101 01 m 01 0101010\0.0.0\01 0 m m m mmmm 00 cr Z cr mmm mm m m m M m m m M M M m w M M M 0000 w h d' H o 000 00 0 O O 00000000 0 0 0 o xxxx 001 , Ln O 000 0 0 O O O 0 0 0 0 0 0 0 0 O ' 0 0 0 4444 ON N 0 000 0 0 O O O 00000000 0 m 0 0 0000 0 0 O Ei H NLnLn MM H d' H HHHHHOHH H 00 H H HHHH d'd' H 2404 N MMM MM CO N M MMMMMNMM M w N CO M41' 4'v' NN M X W d' v v v vv V' d' a' 44"1444444"44N44444. 'd' M d' V' d'd'V'ct' vv d' O W I 11 I I I I I 1 1 1 1 1 1 1 1 1 I I I I IIII I I I UE H HHH HH N d' 01 HHO CHOH0 H N m C' NNMI MM l0 0'.7 M LnLnLn MM M N CO LONM NH V'mM M 0 N N NLnLnLn mm a' 4 Z M NNN MN L0 l0 V. H H W W LO 00 H a' M CO N H HHHH N N L0 O 000 00 LO 0 m 00L0'.O'Omom 0 N 0 0 0000 00 LO C4 H X Cl) m W m m mmmm m m m Z Cl) WW Cl) W X0 00 W WW WWW WW W 3 W C)Ci W Z Cl) Z Z z Z H /G H H H H H H HH H F Cl) Cl) H H O W HH HH > Z 9 >>»> >9 > \ W W > XX > H H x04 x04 x W x xxxxxWxx x Cr] H H x W W x E' a mm mm w E4 w 43414141w44341 w w a a w E4 E4 w a s HH HH Cl) Z Cl) mmmmmmmm m 114 a a m 2424 m H a 4 4 4 4 H Kt a a HH 04 0 WW WW a Kt a as 444>'44 a E+ 2D D a '' a U Cl) XX 2D 2D 't E Kt 4644KiCKtFCKtKt Kt 24 Cl) Cl) 4 EE 4 Cl) 0404 0404 Z Z ZZZZZaZZ Z w Z Z W 0 \\ \\ 0 Ei 0 00000 0 0 0 0 0 0 0 PP 0 O Z CO 00 H Z H H H H H H C H H H H z X H XX H H WZZ 2424 Cl) W m mmmmmE'mm m Cl) H H mmmm WW CO P O H H HH Cl) E Cl) m m m m m H m m Cl) W H H m444 ZX Cl) 4 4HH E'E' w a w WWWwwmww w x 4 4 W444 as w W E'ZZ ZZ w H 04 C:40404040400404 w L x x fs.HHH HH Cx. W CHH HH 0 `J 0 000000400 0 24 W W ()XXX 0 a 00404 ax a 0 a xxxxxwxx x O a a xwww as x O 040404 as a ur a 040404040400404 o. Z 0 0 axxx WW a W Z W H 00000000 Ea 4 0 000 00 U 3 xxxxxxxx 0 N N N NN '. x x x x x x x x Cl) NNN NN 03 00000000 Cl) 0 0 z x >' zzzzzzzz >' W PPPPPH a H wwwwwwww >+ w O mmm mm x 992>9a2>2>2> x x 0404 O HHH HH 0 >' 4 44444444 x 0 H HH H U1 Z, W 000 00 Z H H xxxxxwxx W 0 2D x N W H H H x C7 0 C7 C9 0 0 C7 C7 H W ]C W OL OL Kt • 4 aaa 44 H x 0 a x 41 41 3 o+ p OOO O0 Cl) 2D E xua,a 'xuaLswsL1sW >' Kt W FD 000 O0 w U a E' 't a 2424 H x x x x 04 E' W Cl) >4>4>4>4>4>4>4>1 0 Cl) 4 0 W W Cl) U00 UU Cl) x 00000000 Z a WW N z mmm mm • w wwwwwwww H mmmm 02D x m W • • • • • H 4 a ZZZZZZZZ E X Cl) 044 HHHH 00 W M 0 000 00 Cl) Ei Cl) ZZZZZZZZ 0 0 H Z 0000 00 H H 4 ZZZ ZZ Z Z 4 wWWWWWWW x 4 W H 0000 44 4 CM HHH HH H H 17 xa4xxDLxWW 4 4 4 4444 XX E N * * * * * * i' * * * * * * LMC MNLn Ln 00101 0101 MM 00 HMMOIN0 V'0N 00 00 00 00 0xl'MMO HHN M >' E' NN mOC d' LnHW MM MM 00 T'Ln d'NLf100000 d'd' 00 00 00 U10,01t0O T'O)M m Kt 24 E .7 m0 LOCHO Ln Tr on 00 c1'ct' NN lO d'a' o MOH a'Ln V'd' HH 00 Ln Ln NOCNL0N N 01r O 0 d'd' r-'OOT' Lnm00 HH MM un Ln lOt?01[ONmNC040 HH HH d'd' NN Ln to co HN NLOm N HH Mo1'0 NN HH CMCM NN N NOVTHNLO 00 LTV} .4.0-4/1- t?VT HNLOVTH NLTN H H PC VTLnLTL)- VT .VT • +?VT VT VT L}LT .VT . VT - VT .LT • VT VT VT (Y. ri 1 H N N Ln H m HH N N H N CL S4 LT VT 2!)-V> VT LT VT VD H VT VT VT Ll- C.) TU (1) W x x U W . m W H H H H HH H H H HHHHHHHH H H H H HHHH H H H 1 H H 0 000 0 0 0 0 o 00000000 O O O o 0000 0 0 0 O a,' \ \\\ \\ \ \ \ \\\\\\\\ \ \ \ \ \\\\ \\ \ W 0 Ln Ln Ln CM mm Ln In Ln L11 Ln Ln Ln Ln CM Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln in M o 000 00 0 0 0 00000000 0 0 0 0 0000 00 0 0 N NNN NN N L- L- NNNL-NNNN L- N N N NNNN NN N U W m m m m MM m m an m m m m m m m m 0, m m o1 m m m of mon an 4.1 x 0. mmm mm m m m mmmmmmmm m m m m mmmm mm m Z U H H H H HH H H H HHHHHHHH H H H H HHHH H H H 0 0 4 Z 0 H N CO V. Ln W. N CO m 0 H N CO H N N N N N N N N N N OD CO 00 00 U x N A N A N A r- A L- n N n N A N A N n N A N A N A N A N 24 0 d'* d' * v' * d'* d'* d'* d' * v'* v'* w* w* d' * Cr * Cr 7W LON/ Ln V 1.11 V Ln V Ln V Ln V in V 1.0V CMV Ln V CMV In V Ln V Ln O x U U • Ln M M C14 a X xx x xxxxxxxxx x x x x XX x XX x x XX 0 0 0 000000000 0 0 0 0 00 0 00 0 0 00 z a w Om aX X z 0 z W 0 H M N LO l0 l0 LD 10 LO l0 to 10 N N H M Ln LO dI in Qi 4 O N O1 N N N N N N N N N N Ol 01 O1 01 O1 CA HH T NS > H 0 N 000000000 O al 01 01 dI dI 01I I N 01 O1 O1 'T..I 0 dI l0 CV dI dI CM CP dI dI dI eN dI M M M E E M NN co m co CO H 0 0 0 000000000 O O O O 0101 O HH dI 0 HH N 0 H 000000000 0 0 o O 33 o dldl H 0 dIW O O O 000000000 0 N 0 0 00 M co 0 0 00 E dI ri ri CO co co CO 0 CO CO CO CO 00 dI H H o1 01 M HH H ri M M ZC4 N N N MMM MM MM MM M H dI N MM dI NN N m NN W dI dI dI dI dI dI CP CP dI Cr CT CT dI dI dI dI dI dI dI dI dI dI dI dI dI O m I I IIIII I I 1 I UX N H H rICONHHNHd•M C1 H H H HH M HH H H HdI U",..D N In N NNLn riNCOOLn In M Ln ri H HH ri Ln Ln H H co LC) 4Z H N H 01l0NMdIHHNN dI N M M NN M NN M M HN 0 0 0 0 0 0 0 0 0 0 0 0 01 O O O 00 O 00 0 0 00 zz HH ZZ HH W 4 g m O a a W Z �a Cl) Cl) Cl) �� mm CO H O Z w w w .1.1 ww w I> H W H H H 0 0 HH H a E E 4 4 WWW WW WW WW w .1 00 .1.1 .1 w 04 24 0 0 UUUUUUUUU U a xx as a Cl) EE H H a a HHHHHHHHH H a 0 U (2)..0.1 a ZZ FC � >>>>>>>>> > E x mm 4 HH U X Cl) Cl) aaaaaaaaa a z zn �„, mm Cl) g4 g4 g4 Cl wwwEll wwwww W W WW Z XX W E C7 C7 cn 0 cn 0)En En En cn En En X C7 U U 0 C9 C7 O A z z z >A z 2424 2424 z H C7 C7 W H H rI YI>A}I}I>1>A}I TI >+ 0 Cl) H W W HH H Cl) 24 24 X E E E E E E E E EEE E .1 .1 E a s E E E CR HH a I4 K4 HHHHHHHHH H a 4 4 W W 4 g Ic1 W A A H a a .1.1.1.1.1.1.1.1.1 .1 X E a Ca.II. Cl) as a 114 .1.1 oa a W EEA EEA EEA EFA FA FA H•I EA EA EE-i EFA FA FA H-I EH-I EH-I z Z a ZZ as a 04 rXXX w 0 o xxXXXX D D D A a O U0 A 00 0 a 01M 0 I24i U U ^.4 2424 a 0 44 z U 114 H O C4 .1 1-1 w H z w 114 Hh 0 Cl) a aaaaaaaaa a w E-1 4 >4 0U x za' CD A Z r•C Cl) �� - -, E U Cl) HH Ui z 0 X X 444444444 4 U m H ZZ C:. x EE N w w A .1 00 Cxa Cl) WW E 000000000 0 0 HH 4X .�.. m Cl) 000000000 U 4I� a PP a 0 aa W 'i m m m m m m m m m m E E XX H 0 44 a 4 m 444444444 FC 0 0 0 44 UXX E 4 000000000 0 m m w 44 U X 2 r m H 0 wwwwwwwww W W W Z 00 0 mm m 24 x a ZZZZZZZZZ Z Z zH as m 44 4 Cl) XX M H OL E ZZZZZZZZZ z z z - as E .1 XX ri 4 U W HHHHHHHHH H H H 24 ZZ 24 a s 'i) W WW X X X XZXXXXXXX X X E X XX X XX 24 Z ZZ N * * * * * * * * * * * * * * * M 00 NN MM N M 5 O O H N O CO M NN NN 00 WW 000 0 0 .10 0 00 MM 00 000 >I E o1 Ln Ln in Ln 0101 (NNM CO l0 NN COdI0 l010 NN 00 M M 000 00 NL-dI NN 00 Ln Ino g Z • • . • • . • • . . • • • • • • . . • . . . • . • . . • • . • . • • • • . X '.7 O S N N N 01 O1 01 01 rI O ri M'Al M CO M 0 O 10 10 O O 10 10 Ln Ln O OD 00 0 LO N Ln Ln 10 LO N N Ln C) N d•TI d•dI dldl rHN O O O5N MdrM OO HH 01 O1 L)-LT NNO rHH L?tnt? thV) Ln Ln d'd10 H L}Li L}t/} WW ID N H Ul O L?N Ln CO l0 00 'Win- MM M H Ln L}LL• W-1/1. M.L?L} H i? L?L? M•LT L}t/T . LO- VI-L1} L?LT LT a ri HNN HH Cx. >4 L} LT L}L? in-in- 0 }LT0 W x a U W E Cl) lx) H H H riH ri ri ri riH ri rI ri rt H H HH H HH H H HH H E 0 0 0 000000000 0 0 0 0 00 0 00 0 0 00 C7 KC ,, ��������� �� ,„,„„ �� w 0 in In In Ln m m In Ln Ln Ln Ln Ln In In In In Ln Ln In Ln Ln In In Ln Ln C4 0 0 0 000000000 0 0 0 0 00 0 00 0 0 00 � -, ��������� ' �.„ .„.„ �� `..4 U N N L- NNNNNNNNL- N N N N NN L- NN N N SN U W Ol 01 T O1 CA CA CA 01 01 CA of 01 01 0l 01 01 C1101 of O1 Ol at 01 01 0l W x 01 Ol 01 01 an O1 Ol 01 01 01 O1 O1 01 01 01 01 01 Ol 01 01 01 CA al mm x U ri H ri ri rI ri H H ri ri ri ri ri ri H H H H ri HH H H HH 0 0 4 z w In l0 N CO 01 0 H N M d• In ID N H O CO CO CO CO CD of 01 0l Ol 01 O1 01 O1 U a A N n N A L- A L- A N n N n N A N A N A L. A N A N n N A N A Z U * W* dI* dI* d• * W* dI it d•* dI* dI * dI* cr. * dI* dI* d• * D W V Ln V Ln V Ln V In V Ln V Ln V Ln V Ln V In V in v In v Ln v Ln V In V O x O 0 a) rn at a a 4 X x xxx x14 x x x x x x Z xxxxx x x x x 0 0 000 00 0 0 0 0 0 0 00 00000 0 0 0 0 X a C11 0w a A z 0 z w U H 00 01 LOW'0 4 N 01 0 a) O H N N N N N H a1 a' 0 N N 01 01 a1L 01 140 1. 0 01 M M M M M M M 0 Cr. m 1.0 'J O 0 a1 a1 a) N N a1 01 01 a) O 01 O O 0 0 0 0 0 1.0 01 0 m Z a' a' m m m co w m ao m co a' m eN Tr w 1'a•a•a' N m a' H H 0 0 0 0 0 1.0 1.0 0 m 0 W 0 0 0 0 0 0 0 0 0 m 0 0 \0 0 0 0 0 0 01 01 0 rl N a' 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 000 00 0 0 0 0 0 0 01.0 NNNNN 0 0 N 0 E-' O in HHH H H 01 1' H H 01 M Ln H MMMMM H a1 N H Z14 M in Mmm MM m N N N m N Mm 1'1'1'1'1' m M 1' N W a' a' a'a'a' a'a• a' a' a' w w w 1'I. 1'w 1'w 1' <r v m a' O CO LL L 1 1 I L L 1 L L i i L L O X N 0 HHH 01 01 H m H a' N 1' H H a0 H H 01 H 1' H 0 H U'a N N H01N Mm H in H In H in mm mmHMa' co N N a' 4z 1' a' a'Ha' 1.1. m N a1 N m N H H a'NCA 1'1' H H ao a' 0 0) 0 0 0 01 01 0 0 0 0 0 0 0 0 0100c7.0. 0 0 N 0 H z wwwww z HH H H FC444FC H z CO CO CO CO CO Z Cn u] CO Ul al 4 Cl)W Cil Crl a 4U 0U0 UU E-' H H Cr) H0 >>> > a Cl) Z HHHHH Cl)H Z Cl) a 0 > a H 14 x 14 x 14 0 W H H 0 x W W W W W 14 O Cl) H El Cr) mmcwn cwncwn °x Z a a 0 E-' Cl) aimrancanm cw4 0 H a H H 0 H a a U Z a ���\\ U H Cu U 14 444 4x) . Z al Cl) \ 4 Orn a s 4 \ > rn Cn w zzz ZZ W W X 134 C1.1 E-. z W H Cr) Cl) H 000 00 U H C9 C7 U �W 0 U H C9 O Z HHH H H Z Z Z Z z CD 0 G4 >4>'>4>4>4 H Z 0 Z >4 W CI)rn rn 0) m W W H H W Z z H H HHH Cl) W 4 H H X a]Clcf) COW x X H H 14 H H 141414x14 Cl) x H H Cu www M 4 w a 4 4 w 0 Hz wwwww w w x r•C ,.7 H Ci.,Cx.CI.. Cs.Ci. W H x 14 Cr., 4 z H Cu s aaa w Cs. H 14 H 'J 000 0 0 Z p WW 'z H 1--,,..1 00000 0 Z W H 01 14 1414 1414 0 01 a Cu 0 14H 1414141414 x o 04 a 0 w aaa aCu U w 0 0 U W aw aaaaa a 0 >4 0 H www zz Z 0Z o 4 o U zzz H H w H 0 14 14 wwwww 0 W a H ww xxxxx z 0 rn Kt AD�AD 0 0 Z H UUU 00 H A AA 9 1414 alrna] Enrn 0 A a MCO > x W W 00 44r•C44 � A Cl) in z 4 000 wO A 14 4 H a UU WWWWW 14 a N w U www 4 4 a W 3 Cl) W Cil w 1414141414 w 14 0 0) Cl) XXX ,Z1 03 a 0) 4 Co 1414 HHHHH .a W 0 UUU W al w 00 00000 Cil Cr) H zzz HH " w 0 a C.) C.) 00000 U a a Z X W H 0 W 0 HH HHHHH H H 0 01 0 14x14 0U a z 4 Cu H HH HHHHH H al Z a rn 04 H 141414 HH 0 H 4 Cl) .a x 00 00000 0 Z A 4 H al H 444 44 0 14 W W 0 0U 00000 0 W x z Z 0 a a a a a a a 14 r4 Cl) Cl) CO a) co rn a) a)Cn Cl) cn Cl) Cl) N mm 00 0000 000 X1.0 00 0101 a)a) 00 in in 000 mcoaD000) 00 00 00 a' Z 1/40 ko 0 0 Ln o in 0 in in 0 m m 0 0 a'a' Ln Ln o 0 '1' Ln Ln o 1.0 m 0 0 0 0 00 00 00 H Kt X u)u) 00 HN1.00 NNO HH HH 0101 HH 00 a0 a) 10011.0 H001Nao1.D 00 00 00 a) 0 1/40 l0 NN 1'1.0 HN NMH MM mM 1.0 1.0 Mm OO HH H H M NNa) 10100 1.0W in Ln NN a) - X N N aD a) in t/?V?H N N in in in i?L? V?ih L?t/? H H H H i/?1 i/? N H 01 Cr.01 m N N i/?i/? in-i/? N H os. in i/? . . i/? . - . i/?V? i?i/? :fry? L?L? L? HHNNLf101 Cx. i?i/? in-i/?H L?i?m in-i/?1' 0 sr? 0, iir W X 14 0 Cr) H Cl) Ix) H H HHH HH H H H H H H HH HHHHH H H H H H H 0 0 000 00 0 0 0 0 0 0 00 00000 0 0 0 0 C9 4 \ \ \�\ \\ \ \ \ \ \ \ \\ \\-\\:\ W A in Ln Ln Ln L)1 to In in in in to in in Ln in Ln in Ln in Ln Ln in in in 0 0 000 00 0 0 0 0 0 0 00 00000 0 0 0 0 X 0 N N N N N N N N N N N N N N N N N N N N L. N N N 0 W 0) 0) 01 01 0) 01 01 0) a1 0) 01 01 on 01 0) 0101010101 0) 01 01 01 Cil x a1 a1 a1 a1 a) a1 a1 0) 0) 01 a1 0) a1 a)01 0)0)0)0)0) 0) 01 Cr. al U0 H H HHH H H H H H H H H H H HHHHH H H H H 0 a Z CO 01 0 H N m a' in 1.O N c0 0) 0 H N M H 0) a) O O O O O 0 O O O 0 H H H H 0 ".G N A N A a) A a0 A CO A c0 A CO A CO A CO A CO A CO A ao A 00 A c0 A W A a0 0 x Ln V Ln V in V Ln V Ln V Ln V in V in V Ln V Ln V in V in V in V Ln V Ln V in 0 U r N 01 M R4 a 0 0000 0 0 0 0 00000 0 0 0 0 0 00000 0 x W W Ow aX z • 0 z W U O N N H N H CO H H LnLOiflM N H CO • • • • • LO N M 10 d' 0o OOOm U1 0 O M M M M 0 ko r V' O M H H N Cl Cl 0 0 0 M M M M M 0 0 0000 O l0 N V' V'N l M'0 O O O H O O O O O O 0 Z V' V•V'V'V' V' O 10 H OI O H H H V' V' V' 01 V' V V V'V V' V' H 0 0000 O N N H O O N N N O O O O O 0 0 0 0 0 O 0 0000 O N d' O 100000 O O O N O 0 0 0 0 0 0 0 0000 Ln o 0 0 00000 O N O O H 0 0 0 0 0 0 El H HHHH Cl Cl 01 H HHV'd'H Cl N Cl d' N HHHMM 01 ZW N NNNM V N M N NNIOLDN Cl V' Cl N Cl NNNNN Cl '.7 W V' V'V'V'V' V' V' d' V' VVH H V' V Cl d' d' V' V'V'V V d' d' OM 1 1111 I 1 1 I 11111 I 1 I L 11111 1 U X H H H H N V O N V' H N O O H H N H H OD HHHHH H U`,] 01 U)N H H Ln N H N H H cO 00 H U) 0 Cl N N N V N N H V FC,Z H H H VC) N VD Cl 1O C M N N M H 00 Cl Cl l0 V' V'10 V'M V' O 0000 O O O O 0001010 O N O O O 00000 O o H H H z 24 Et H w Kt H cn Kt Kt C) 04 Z E C> 0Q cr)on on 41 41 Kt mmm O WWWWa Cl) WW W C) C) z HHH O H H H H H 0: ',..7 0 H HH H Z Cl) Z W H a aaaw a 0 .1 1.1 a W W W E ,4.1 0 a a aaam E. CC Cu as a E. H E' Z CC H a aaa m 24 C) Cu as a Cl) E. Cl) H aaazz C) W 'J M'J.'7- .1 z H Cl) 'M '.7 CD CD H H H FC CD CD M H H Cl) U Cl) CCCFC o FC \ u) mm Cl) u) cn Z onmm4FC W C7 C7 C7 C)0 E U C7 0 C4 H E C7 CD E. M H W C7 C7 C7 U Ca 24 242424H a C7 24 24 2424242424 Cl) U m z z 242424 C9 C7 z H H H H m H Z W H H H W W H \ Kt \ W O HHH 24 24 W E. E.E.Eim 04 H W El EEXXH ] a £ CC HEEHH C4 r.0 4444:r=1 U 0 w 4 r.44aa4 w ]C w a a KC KC g4 00 W a C4c4c4CLI m a w a C40GHHC4 C> E O> H W 04Wa4..1a 4. W www 0 W H z W W W X D W 4 a 4 a W W W H H 24 au CLI C14 CI,O 0000. Cl)cnCO C O au au 0041410 au H >' H 41 E. 0000)041 au au au ) C) C) m WWWW U W 2424 W W w w H H O 242424 E H H H H H H 444 4 w xxxx as w a U H 4141414141 z a mmmm x o 00 w C) xC) z CD mmmmm x ° CD Cl) >' H w a X Fl 14 O A N W r7 C7 C7 C7 C7 ccnn iH El 41 e4 e4 C> EA 0 E.EA E'Ea Ea C) KC mmmmm W 24 W C) 24 24 24 24 24 >i 4 DD04D [t+ 04 W0:C4r4 D O Ei E1 W W W WG7 E. CA p, 0000 cin a WWWWW 0: m a' H 04a'040$O4 H aOGaa 3 X a W C)CUUU H a Cl) C7 C7 C7 C7 C7 0» on r- O AQQQ H U K4 £ HHHHH X Cl) a Cl) 3 00000 w a Z wwwww M H 0; Z EHEHE. P 01 O '>.>A>A'>1 .:1 Cl) W O:04 W p4 04 '.'4 W O 4 Cl) HHHHH H H m m 24 u)m czn m CV m ccnn m cHn vEl ccn m H E CC H E. M D M M X M M N * * * * * * * * * * * * * * * V' 00 01 NU) 4110 00 00 00 00 0110NO HM d'd' 00 0101 1010 NN O M10O V'H 00 >A z H 0101 O NU1'.OU) 00 MM 00 NN OILn00HOLn NN 00 NN NN HH 1001NN10N 00 Z 00 0101 Cld'N N N V V NN 00 00 CO IO N Cl N N N 1010 MM 00 Cl Cl '.010 V HM Cl H in 00 O CO HH HNihLn01 NN V'V' 0101 1010 HS?LDHNN HH NN HH MM NN 00com V'01f'1 NN N in t/} i/?i/} C/1-4/1- 4.0-4/} H H N N H H M. H H H V' rR N N V V i/}i? H i/}H U}t/}II) N N H � i/} 4./}4/} 411-4/1' 4.0-4.0- L}i?i/}i? i?i/} .0-4/1- M. i/)} i? L}L} W U Ix) Z Z U W E-+ (n W H HHHH H H H H HHHHH H H H H H HHHHH H H EI O 0000 O O O O 00000 O 0 O O O 00000 O 0 0 0 \ \\\\ .„ \ \ \ \\\\\ .„ \ \ \ \ \\\\\ ,„ Ln Ln LII m Ln Lf) m U) Ul Ul Ill Ln U)Lf1 in U) In Ll) in U) Ln Lf)Ln Ln Ul (y„ O 00000 O O O 00000 O O O O 0 00000 O Z C) N NNNN N N N N NNNNN N N N N N NNNNN N U W 01 01 01 01 01 01 01 01 01 01010/0/01 01 01 01 01 01 010101010/ 01 0) Z 01 01010/0/ 01 01 01 01 0101010101 01 01 01 01 01 0101010101 01 x U H HHHH H H H H HHHHH H H H H H HHHHH H U 0 a Z w m to N co 01 o H N M w in l0 N H H H H H H H N N N N N N N N U ,y. A CO A CO A 00 A con 00A con O A aD A CO A 00 A CO A WA CO A 00 A z U * a'* w * V'* Tr-lc V'* `r* w * V'* V'* V'* a'* V'* V' * d'* 'a W V Ln V Ln V Lf) V U) V U) V In V Ln V Ln V Ln V N V U) V Ul V L0 V U) V C) x • 0 C) a) Cr) as a a 0 00000 0 0 0 000000 00 Z x 43 o as ai E D z 0 Z w U d'1D 00 ri N r-1 H 10 NNNNN OD 01 0 O ri ri(NI NO O 0 00000 O O ri • • • • • • al 111 > 0 00000 O O O Tr Tr cr cr Cm m01 X d' V'd'd'd'd' V' C V' H Hi ri Hi ri N ri m H O O O O O O O O O 0 0 0 0 0 0 01 0) O 0 0 0 0 0 O O O H HH riH ri U)N 0 0 0 0 0 0 0 0 in 0 0 0 0 0 0 0 O E H 0101010101 CO m M H H H ri d'rr z x N N N N N N r) cn Tr rt r)r)01 01 01 N N X43 a' V'a'd'CW er a' V' Trd'C'Cd'd' er V' O WI I I I I I I I I UE d' 03HiNO r) ri ri W HH U)LC)N HIh O.7 U) riCONN03 d' V' la d'01riNNH• C'in 4 Z C` rlriHd'r•i H N Hi 100`1D tri Hl0 V'N O 00000 0 O O LD 0 ID 0010 00 0 H E U 434343434343 UzU X Cll r.7 HHHFA FA H �,t1 H0 43 H CO 04a>n'aaa 4343 E .1 w 41 a 434343434343 EE a a E E.E E E U U cn 0)0) n cn m z z H a z z z z z H H u) H H cnHHHHH 044444X0 cn 4a 4 X Cn E E E E E W W H zzzzz z W 0 43 43 E 0 0 0 0 0 0 E E A H zzzzz >' >4 H u) u10103CnU) W W E HHHHH E E x u) u)cn0)0)01 EE Q 0CI0 M CI H H 0 434341414341 as x as a as .] a Cl] 4+4.4+4+4.4. HH a HHHHH FA E. EH- 0 0x0404040404 as O enol alW W p p u] as a s as 4343 UU zz H H U a Z x Cnm H 0 xx U C4 Cd E 00 O Z z zzzzzz 33 O C!) 00000 X H HHHHHH X U1 Z E ZZZZZ 43 X u)U] CV 43 x HHHHH C7 Cl] 000000 OD > 0 EEEEE a H 000000 c4 c4 0) a Gaxxxx a uimmmu] c4 DIM Cl] C7 C7 C7 C7 C7 U W u]u]01 U)0) 0) 0404040404HE w4 ���4 � X F N 43 43 Ls La La La.21 .8 0 0 rn a ulcncncn0) H E E Z 0) ,l 0) u)U1 u)U1 Cl) Cl) 0) aQ a0 MI 040 W 040 x x Hi 4 00000 a , 43 Cnu)uimcnCn 4x > >>»> > 3 3 333333 NN N U)I1) Mr-Tr Tr .N C'V' 00 1010 U) 00000Ln 0)L-100 >4 E NN 10 Nd'a').N CSN U1U) mm N 000 U1 in r- mina,(+') 4 z • • • • • • • • • • • • • • • • • • • • • X 17 H H 01 N a0 CO CO C` 0)0) M on N N m a)r-C m Ola 0 N N C` O NN r1 U)N NNL- NN co CO Hrl la Tr la[s10 V' 0100)01 t?V} c/?•M L}i?4 a' t.1)1/40 NN Hr1 d'NONO,10 ri 01 d'C`t` H L} L} L}t/} t/}L} .V}4.11. i/}{/}i/)- x 10 1/40 N H N w N 01 GA x V}t/} v}v}i/} i/}H LD O v} ri 43 41> x x U 43 E u) W Hi H H H H ri Hi H ri H H H H H H ri H H E o 00000 O o 0 000000 00 0 4 �,,,,,,,, — �,,,,�,,,, ,,- W 0 in U) Ln Ln U1 UI in Ln it, in in in In in U) U1 Ln x o 00000 0 0 0 000000 00 \ �,,��� 5— ,,, ������ �S U C` NNNNN L- L- N NNNNNS Nr- U W 0) 0)0)010101 0) 0) 0, 0)0/010/0101 0101 W X 0) 0)01 01 01 01 0) 0) 0) 0)010)0)010, 0)0) X U H H H H H H H ri ri ri H ri ri r1 H ri ri U 0 3▪ Z co 0) 0 Hi N 01 w H (N N r) 01 01 r1 01 U x CO A CO A CO A CO A CO A CO A CO A Z U V'« d' * V'is •cis C it v' it C tg 'a Cc] U1 V Ln V U1 V U1 V Ln V U) V U) V O x U 0 H v to al a 4C III C tr 0 N N M r-I 01 0 Cl N 0 IIl O 0 0 In N N 0 01 In t0 N CO 0 cr N In W N 0 M . . . . . . . . . . . . . . . . . 01 01 Cl O O H H 0 CO N N 01 M 0 N O N 0 N W H N 01 N co 01 t0 H H D 01 N 10 W N CO H H N N N 01 N Lo Cl H In V} N M W N M In H LIl V. in H Cl co 01 t/} t? V? L} t? N i? 117• LT V} t? t0 117 V? V} H N V} 01 N m rn H Cl) A E-. N Z U CLI >4 >4 rt. In E4 El CI >.. 0 H H Z E Z Z a H H rt, 0 3 3 E• w H D W W Z Q U P: Ix. > > w rx w Z H o A al Pr a L7~ w w z 3 a ga Z > Cl. Cl. w > 0 al Z n al P: Z X E-+ 1L O H Cl) H z Z Cl) >+ G+ al H H z PG E, I=CD 0 P» Cl) W Cl Cl. 4 >+ PG rt+ H ra 4 a E' w a Ln U X E• Pa 0 E. a X PC H P4 4 rn Co H CI) 4 w 4 Z 3 E Cx Cl) E-+ - U x E-, Z Cr) w PG 0 Ix] x H d+ H U1/40 W H IX rx ) Pd m z Z PC Pd Cl. ON > 0 m PG Z a W U Ei U W a 0 a $1 01 H .] 01 H E, W W z vl U E, Cx) Cl. U H 0 al H GL, cn Cl) a P: H Ix) 0 It) x H w In o H L� CO 01 0 H 0 0 0 0 0 0 U 0 H H N N Cl M M '' V' H M cr In W Vr 0 rI H <r w w w w V cr, N N N N N ao a H 3t 3t = = = = Yt 3t = 3t 3t 3t 3t 4t 3t = U z a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z ZZZZ Z Z Z Z Z Z Z Z ZZZ o a a a o o o a a a a n U w w w w w rt. w u. rt. w w w w a+ rt. rt. CO RECenligg MAY 2 1997 Ms Julie Klima City of Shakopee Dear Julie I'm not sure to whom this should be addressed to, please forward it to the proper department. Please accept my resignation from the City of Shakopee Planning Commission and BOA effective immediately. Increased business pressures and time commitments necessitate my resignation. Thank you for the opportunity to serve on these commissions. Respectfully, James A. Link May 02, 1997 445-3060 Recommended Action: Accept the resignation of Mr. James Link from the Planning Commission and Board of Adjustment and Appeals, with regrets; and direct staff to advertise to fill the unexpired term. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for a portion of Apgar Street MEETING DATE: May 6, 1997 INTRODUCTION: The City has received a petition from Gold Nugget Development, Inc., for the vacation of the above-described rights-of-way. The Planning Commission reviewed the request at its meeting of April 17, 1997. Attached for the Council's information is a copy of staff report to the Planning Commission. ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way. 2. Deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended alternative no. 1, approval. ACTION REQUESTED: Offer and pass a motion approving Resolution No. 4662 vacating the subject rights of way. n R. Michael Leek Community Development Director VACAPGAR.DOC/RML RESOLUTION NO. 4662 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF THE RIGHT-OF-WAY FOR APGAR STREET SOUTH OF TENTH AVENUE WHEREAS,right-of-way has been dedicated for Apgar Street between Thomas Avenue and Fuller Street, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest for roadway purposes; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 6th day of May, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the right-of-way described on Exhibit A(attached hereto and made a part hereof), City of Shakopee, County of Scott, State of Minnesota, serves no further public need: 3. That the rights-of-way described above are hereby vacated subject to the reservation of drainage and utility easements over said rights-of-way; VACAPGAR.DOC/RML 2 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 VACAPGAR.DOC/RML 3 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Apgar Street Right-of-Way MEETING DATE: April 17, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of Tenth Avenue, West of Fuller Street Adjacent Zoning: North of right-of-way: Urban Residential (R-1B) South of right-of-way: Urban Residential (R-1B) East of right-of-way: Urban Residential (R-1B) West of right-of-way: Urban Residential (R-1B) Comp.Plan: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction: The City has received a petition from Gold Nugget Development, Inc. for the vacation of Apgar Street right-of-way as depicted on the attached preliminary plat drawing for the Meadows North(Exhibit A) and described in the attachment to the applicant's letter(Exhibit B). The City Council will hold a public hearing on the requested vacation on May 6, 1997. A recommendation from the Planning Commission is needed for the vacation process. Discussion: Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit C). Other agencies and city departments have reviewed this application information and staff has received the following comments: • The Engineering Department has commented that a drainage and utility easement should be retained over the vacated portions; • Minnegasco has requested that an easement be retained to accommodate it's gas main; Alternatives: 1. Recommend to the City Council the approval of the request for vacation of right-of-way. 2. Recommend to the City Council denial of the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the vacation of right- of-way, to the City Council (Alternative No. 1), subject to the following condition: 1. That a drainage and utility easement be retained over the vacated portions of Apgar in favor of the City, its licensees and franchisees. Action Requested: Offer a motion to recommend to the City Council the approval of the vacation of the right-of- way, subject to conditions. 1 R. Michael Leek Community Development Director i:\commdev\boaa-pc\1 997\apr 17pc\vacapgar.doc • • G57OLDZealand NUGGET DEVELOPMENT INC. 88Avenue North �� �(�� Brooklyn Park, Minnesota 55445 (612) 424-4955 MAR 2 1 1997 March 21, 1997 Mike Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Leek, Attached please find an application for the vacation of a portion of Apgar Street, Gold Nugget Development Inc. is the fee owner of the adjacent property to the east (see attached map). The disposition of Apgar is critical in moving forward with the platting of Meadows North. The attached proposed plat of Meadows North is the latest revision which will be submitted for preliminary plat approval. The proposed vacation and plat design are based on discussions with you and other city staff members and recent council action relative to the collector status of Fuller Street. Since there are utilities in the area proposed for vacation a survey showing there location will be available for your review within ten days. Thank you for your anticipated cooperation in this matter. Sincerely, (#63,„„ 41, I%' t , Horst Graser, roject Manager Gold Nugget Development Inc. EXHIBIT B * PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects * engineeringRE. _ EIVED M.AR 2 1 1997 APGAR STREET VACATION March 17, 1997 PARCEL A That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL B That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition. Also that part of Apgar Street lying southerly of the plat of Prairie View 1st Addition and lying northerly of the northwesterly right of way line of Fuller Street as now laid out and traveled. PARCEL C That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12. Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of a line 3.00 feet South of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL D That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition and lying northerly of the northwesterly right of way line of Fuller Street, as now laid out and traveled. Filename: I7060gnd.des 2422 Enterprise Drive • Mendota Heights, Minnesota 55120•(612)681-1914 • Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnesota 55434•(612)783-1880 • Fax 783-1883 • ---41.3,..y.,,, `�e •a-Irysp,�.��; ; j }•l`1� g�1�+ 1 �i itii....ir moi:` ` ; a;4 �a!! 4ID' --. h .allit 1; wtt1Ff.► ._Sa- i'.� • f� QII 7� ,w Di�4 *}/ ♦ 1�. r yf R • �� �� � ���si1 a. .- �•` u' L . �a�4�+ y1tt� .+� ;ft�� ���� ,paf as t >R .IiC �Y ��' ��� ' a ; �� fiiii�� . • e. :�m' �� ' no un X--`` .aft pia '. e. �: _ ��. iiia. �.�l lin i ,�,' 'v: ■ me/1111/1 ire z..y�• '` :,vI 22OR_ MI i ons vas n' "II .. ����� � �� • �wan zu.-'•—iim a. ori— .'ma s"l= :Mai ' �� •. aiii 1 • ..' �:. n.o a 1 An • � _ ii� ma MI- �rme :;,�� � �.•4E2 am smi lc _��'► ......woo "�-'�� o�� #. ��� . .` a .11! ' ,.s• �'' !®•. ii!`%mgt itia ' j . wet ,....i, `fg = . �a 37i se'si. me . .. . +v4t 'i 6, ��, „mo Siar, Si affil'.,. s akr. . . �® i� a.fa a. ' ��n. � p "0 ill sofa �.- • 113111111117 �.=. Mil o� iE'� • •• o :a-'���flAai� M'� :�ri- .- p a 0!/1!11®! t! . . SUBJECT SITE ffAlliiiiel ? _Lot SUBJECT , . �` .-...r..!. om' �; f �i��Q,� ,_ +Idilim ��' i ■ = i� Mt Mfg '• _ � si 71:7: ., ,-.• I _ ow micro , '� se~ v ` r L . _""� LEGEND i ell �.jerly'r,c 70-es crc;.:ture I R 1 B i y rCi Re$ Vie. _ EN LOA, ticl p, ....._.L.:,...,. i%rxn Res:cen,: ci " Old S^CKCGee ,Zec —ode:tic. j� , R2 L 2 tiledi' Ce. ^ ! M;.•itipfe Fc.mjv R - sidenc'c; ' I Hi9'wCy :si^e : �?-� G�`Usiness office Centrcl Su; i'?eSs i? 1 Liant inCustr'ci �, ! Neevy indcs`r'ci Vc cr Recre:t _..„... U✓ Z_ Cj EXHIBIT —= cdp'ci" C:$: -c` C 4 . , • y1 pi 1 1 i 11 Valvlul </ ym ' ' •ezij!!Ii1i! flIh! !B1 11!1111.111 i , F, off r Ihiiij i •llfi �11a1 !. 1 ri ` i i i 1. 111:411�l01t1'i rr 1111i! S; ftl O ' � �0-99 ggAj' IIiI41ilIjii1iIJjI! sn � ,�/� rzl Z5 ,; jJi ! !iii;JiJ1f1;4altif 41:1111;11; i 11 !ter O Cr.. � kg- f !jiIiIiitlIIl!IiiI!ii1 Z 1 1 • ,. W c; cL,r'`i z I 1r. --•-- ><i • W �� w N 8 ""'"..5 -72j4L'a"-- 1 I 4 o 8 1 2 I � y . - I. ib J i iirli ' TI 1 I , IILI ---- --- ErT -1 1 IT-, -- - _ 1 1 1 1 1 1 1 I ;M, o^\ ill If '- 1 1- T - I r T , , ` - >,,,; \ 1- -J _I_ LIL )? ; , ' \ \\ H- 1., ' 7 „ ` PO — -1 I— —T -1 f T +I I-:"` -. '` -,,', ,,'1 N\ x I I I I I 1"—j1 ; illrt.,..,-.:.„, `;\\ -o, ��`; :\ \ -z i yC •\ a W _I L. L 1 J _I_ a- i" ! 'oY. s . '\•\ < , ! :,^,,'' . \ r i - i _ J L 1J. _I_ L - I-� "! % "lj,, \,<'. I \\ i i i. 1 1 \ I 1 1 1 1 1 1 1 -1 `, t \ I I I I I I "i L1 i ii 1 �� 1 .L I, i ' ; ''' ' -' ' 1-i— ' ' � '-. — o - _ L._ L 1 �I I ---- t--- 5.--- -- — — -r -„.._-_. -arva� ;1f��µ. �fc>. ., j rl \ I ' L _ J C� 1 _ -1 1 I `' I I _ ! I \-'-. i I I I 1 L -I_ 1 ,)--\ -1 I _ rI1r - -i r- - -t- - -I , _ I 1 1 F— -� _ —I L _ _ J {--- - T - Thr _ I rI_ _ J I I I 1 1 I I I L _ I 1I— r- - - -1 r- - -r - -1 I— — —I 1 { I I Iii ; t 4” 1 / 3 .19. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat for Shenandoah Place DATE: May 6, 1997 DISCUSSION Heritage Development, Inc. has submitted an application for approval of the Preliminary Plat for Shenandoah Place. The proposed subdivision is located south of Eastway Avenue extended and west of Shenandoah Drive. Copies of the April 3, and April 17, 1997, Planning Commission staff memos has been attached for your reference. Please find attached, Exhibit A, a copy of the revised Preliminary Plat provided by the applicant and Exhibit B, a copy of the proposed site plan. ALTERNATIVES 1. Approve the Preliminary Plat for Shenandoah Place, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Shenandoah Place. 3. Deny the Preliminary Plat for Shenandoah Place. 4. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the Preliminary Plat for Shenandoah Place, subject to conditions (Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4658, A Resolution Approving the Preliminary Plat for Shenandoah Place, and move its adoption. 7 � /� ��, � lei Planner II i:\commdev\c61997\cc0506\ppshplc.doc RESOLUTION NO. 4658 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR SHENANDOAH PLACE WHEREAS, Jerome Scherber and Herbert Clark are the owners of property described on Exhibit A and Heritage Development, Inc. is the applicant; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Shenandoah Place on April 17, 1997, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Shenandoah Place, described as attached on Exhibit A, is hereby approved subject to the following conditions: A. With the Final Plat application, the applicant must provide the following information: 1. The layout for the private streets must be revised to show turnarounds for those streets greater than 150 feet in length that have no outlet. The turnarounds shall be consistent with the City's design standards. 2. A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes, proposed elevations for lot corners, and a narrative report summarizing erosion control. 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption. 4. Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria. 5. A signed petition must be submitted for the street and utility improvements along Eastway Avenue. B. The following procedural actions must be completed prior to the recording of the Final Nat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. g) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. All existing easement areas must be shown on the plat drawings. 6. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1997. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 EXHIBIT A The Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. • \ \ \ II r,.(4:1[Fri7firli Pg.J N 1 I P i 1 \ \,,,,k,1:ti.......!...„;7 vira....1 6161.1 -— 1 i 01 \ \ 13-tx \1.--:,4.4—.7i._ 4 ,,. sd � �/ / f,� Msa � - _ In4v /' hH- ' 1 d 4 ;1 "r` --...--_,-..., 2,12-7 / c---1 I 0 '. .). , / ;-7.-"444---../ 4t,:::k1.g !II t`bliii1-' i si I •• R�S 4 / I 1''`C'1-./ /4 I i.1 gt.1 or rii' N E t 41 . • 7 I /,F II ! :4 �� 1j §h ` 141 s a / ; — ./LTJ\. i ��„ «a +.�oo.Nowaa E J it iia 1 !tV1fli! � y 1 ;it . . JLI 2 5 1997 !IC ... I R h'ltv)o. vlGIGCLh P(CLCf. -PP 6 �Qa .i # E • I = ...• i F 61 .� I. . 6 l . d� 6l _ ��, pi- ci . i u : 1 14# I , ,ii illi 111 !111 i1 il , -- -a- x 'It 1 Ifl 1 I I= IJt _ %g t 1, 1 1 "I lit IV ,.li ��i ii, i i El I°, ilii Ada MMaP PLAT 124u1241113M PARA VOU NT �--' ecllvlOMR V *��►�� ,►1� RACE HERITAGE DEVELOPMENT r'r 'a��aW�"'a.'''''' "'"�"a SHENANDOAH f DICE ENGINEERING a. OESICN r '0'r'r'r�""'vw a�arasir r�arr tlotdDUDr towD ; %*tCa ams £PM&waou.r auoase ora aMIA raaaa..w + as W>z<taa WI Maar `s ,.rr arae ar r—" – •RIRL \ ,---f \ .• /,. 1 a1. I = \ / I-u I I .... :11,4" .-.-it : e\ -15 J _• --�\ \ & ; r Iti, I!i;L! : i \ 1 !l - � J— � si�. JL!I .a / ' / // / 6 �I '' ' II LE ' '' 7 1P0 • . � / - , / c, —— Liz 1 ø4V' /4 ‘a:®/ w T--,1--i tlinill+ ��` // . - ...: :1 111 bearigni if' // \8 ���� ' .,bpi! 'JUR ,� €, /' pIQIcr ',�,� ¢Late:'� ��O- -tea ; __.� _ =..„, 01OI l: 1U �, ira / I /% ! _oil., 0, n ——— ——— //----- --- . / bd \ • 1 . .1 DIOYE • i re ill r 8114111 1 1 • uieii F Q /Iiiii fr/ �— - 1 4110111 I til i 1 II x 10.1H tri A-1.. IM u,nm PLAN srm.tmos PARA VOUNT CERTIFICATION 3 SHENANDOAH PLACE HERITAGE DEVELOPMENT ENGINEERING At DESIGN ®� ='"���R���" po E COuiIY WAD D $.4.1.001 SF.gm we N.nraw�w�m .((��Q�y� v s-a- �rotr�o'� aw,r+a�w Im Em Asln IHO/nw1 ie �� / CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Shenandoah Place DATE: April 3, 1997 Site Information: Applicant: Heritage Development, Inc. Location: South of Eastway Avenue extended and west of Shenandoah Drive(See Exhibit A) Current Zoning: PUD Overlay Zone# 10 Adjacent Zoning: North: PUD Overlay Zone#8 South: Light Industrial (I1) East: Major Recreation (MR) West: Light Industrial/PUD#5 (Il) Comp. Plan: 1995: Single Family Residential Area: 39.9 Acres MUSA: The site is within the MUSA boundary. Introduction: Heritage Development, Inc. is requesting Preliminary Plat approval for a development consisting of 32 single family residential units, 22 twin home units, and 148 townhome units. The townhome structures house a range of eight to twelve units each. The proposed development is located south of Eastway Avenue extended and west of Shenandoah Drive. The Planned Unit Development for this site was approved by the City Council on March 4, 1997. The Preliminary Plat is in conformance with the approved Planned Unit Development. The applicant has not provided staff with a reduced copy of the Preliminary Plat drawings. These drawings are available for viewing at City Hall and will be made available at the April 3, 1997, Planning Commission meeting. Considerations: 1. The area south of the drainageway(the proposed location of the townhomes) is being proposed as a Common Interest Community(CIC)plat. The CIC plat is reflected in the fact that the inhabitants of the development would own only the property identified as their lot. The remainder of the property will be held in common interest. 2. Since the area is not identified as a future park site in the City's Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Using the values that have been provided to staff, the amount of the park dedication fee calculates out to a total of $54,000.00 to be spread evenly between 191 lots ($282.72 per lot). The applicant has indicated that he would prefer to have payment of the park dedication fees deferred until the issuance of a building permit for each of the lots. A written request must be submitted prior to City Council review of the Preliminary Plat to have the park dedication fees deferred until issuance of building permit. 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit B). These recommendations have been incorporated into the conditions of approval. 4. The Preliminary Plat shall be required to meet all conditions approved by the City Council for the Planned Unit Development for this site. The Preliminary Plat appears to provide for a slightly different density than that required by the Planned Unit Development (PUD). As a condition of approval, the applicant will need to verify that the proposed density is in compliance with the density required by the PUD. 5. The Preliminary Plat drawing contains three (3) different figures for the area of the project site. As a condition of approval, a survey prepared and signed by a certified surveyor shall be submitted, and the survey should verify the area of the project site. 6. The Preliminary Plat does not propose any shared driveways. 7. The Building Official has commented that the utility plan must be revised to show individual utility services to each dwelling unit. A condition of approval regarding this issue has been incorporated into the recommendation by staff. At the writing of this memo, staff has not received any comments from Shakopee Public Utilities (SPUC). 8. Scott County Environmental Health Department has recommended that all ponding areas be lined with an impermeable liner to prevent the infiltration of contaminated surface water runoff 9. The subject site has a levied assessment balance. These assessments must be paid prior to the recording of the final plat. 10. Alysheba Road is the only public roadway proposed within the townhome portion of the site, all other roadways shall be private. Parking on these private roadways shall be limited to one side of the street, as required by the PUD for the site. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Shenandoah Place, subject to the following conditions: a) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: i) The Preliminary Plat drawing shall be revised to include a legal description of Outlot C and Outlot D for the area of the site south of the drainageway that is to be held in common interest. ii) The Landscape Plan shall be submitted. The Landscape Plan shall be in compliance with the City Code requirements. iii) The off street parking spaces shall be revised to show a width of nine (9) feet and a depth of twenty(20) feet. iv) The street names of Citation West and Citation East shall be revised to provide a more distinguishable addressing system for the development. v) The Preliminary Plat drawing shall be revised to identify Open Space rather than Dedicated Open Space since this property will not be dedicated to the City. - vi) The Utility Plans shall be revised to show individual utility services to each dwelling unit. vii) A survey of the site, prepared and signed by a certified surveyor shall be submitted. viii) The Preliminary Plat shall be revised to identify all areas being used in the open space calculations. As supplemental information (not on the plat drawing), the applicant shall provide the size(s) of these identified areas. ix) The Preliminary Plat drawing shall be revised to illustrate that all lots meet the lot depth and lot width requirements of the City Code. x) The applicant shall provide, as supplemental information, calculations that verify compliance with the required densities approved as part of the Planned Unit Development for this site. xi) The Preliminary Plat drawing must be revised along Meridian Drive so that the centerline has a radius of 200 feet or greater. xii) The Preliminary Plat drawing must be revised to show the correct alignment and width, with labeling of dimensions, for the existing Eastway Avenue right-of-way. xiii) The Preliminary Plat drawing must be revised to show the dedication of the Shenandoah Drive right-of-way in the northeast corner of the plat. xiv) The Preliminary Plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is sixty(60) feet. xv) The Preliminary Plat drawing must be revised to include proposed easements, including access easements to the ponds. xvi) If the applicant wishes to defer payment of park dedication fees to the issuance of building permit, a written request must be received by staff. xvii) The applicant shall provide a phasing plan for the development. b) With the Final Plat application, the applicant must provide the following information: i) The layout for the private streets must be revised to show turnarounds for those streets, greater than 150 feet in length, that have no outlet. The turnarounds shall be consistent with the City's design standards. ii) A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes, proposed elevations for lot corners, and a narrative report summarizing erosion control. iii) A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption. iv) Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria. v) A signed petition must be submitted for the street and utility improvements along Eastway Avenue. c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. v) All existing easement areas must be shown on the plat drawings. vi) Levied assessments must be paid prior to recording the final plat. vii) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. viii) Access to Lot 15, Block 3, shall be limited to Meridian Drive. Access onto Meridian Court shall not be allowed. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Shenandoah Place, 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 Shenandoah Place. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Shenandoah Place, subject to conditions, to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Shenandoah Place, subject to conditions, to the City Council, and move its approval. 4a1( ;Julie Klima Planner II i:\conundev\boaa-pc\1997\apr03\ppshplc.doc • k -- EXHIBIT A 1 4 , . _:,_, , . :„ , , • B1 1. leygiumminnumulmoimis •1 u�\in AY AVE. Mrt: A ! M R MIi / soli 1 ,` l 'ARK::,g AVE.AVL RI , 4/0R3 . . , ; < ,_ yrs r , 16 tit �i R 1 1 M R :, .a, 1 44r_ /, t. . , , . fill,. , , • ,,, . ; 11.149' 4-„*. . ,i• . 4t2 _ ink • . . ' - , c , 1.:1 ..... 11...... , :sem • , l f '� 00 I ° 1•in 1 a ��VA, i, - 3-,Ex =© o - . 1 ' am I,, \ AA LEGEND 1VI Z'' �� i 5 z = A, dN ' r,WE. m0 463. ���. ; cG, ,:gricu;ture LW �m capanow L.Wit'Ml OW ��� tii �,, \ RR Rurcl Resider.t:Gl ,,,,, • SHAICIPEE • umargrve .R1.a.i Low Densty Re.scf CC I laft: :� � L'.xr. .esid ..c r O © RC1 Old Shakopee PCoc — a i �•: Wall. 1U w ,110114•. . i 1 R2 I Medium Density -g y E !' ,• .-- ..�� mob .4. .. ,/ ; i • s 2 5 'ANN � 1 EMMA do oI C p 14 LL �I • �. B1 ( Highway Business E i , i ; . vets: Z � �� � ... ` �� i �: I 82 Office Business ' —�,f !-I i 12B. 1M.," ��� • rim -we - : B3 I Centro' B.usress eZ e `5- �'`1 ' +t- 1 viseri in mil ,___t ! • , I 4 i1 I Lieut Industr ci '= i=ce �-.-- , v si t'f� ` Q r 2 7 Hecvy indus`H•c; ts i ("� L y_1 'N/1-(j,'7� 1'�'~ j»N1�N + \ �.,p I ifyjo. QeLre.^ 6 B1 n �� it , r 0.• er-Lcv Z _ • — _ ^are c: rte. . .. .., r.n _ c' c EXHIBIT B City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer ! SUBJECT: Preliminary Plat Application- Shenandoah Place DATE: March 27, 1997 After reviewing the submittals for the above referenced application,I have the following comments for the applicant, and for the planning department: STREETS The proposed street widths shown on the drawings are consistent with the subdivision requirement for public streets (36' face to face), and with the PUD approvals for private streets (28' face to face). The subdivision ordinance allows a maximum street radius of 200'. The applicant's drawings shows one section of public street(Meridian Drive) with a radius of 150'. The maximum length of private street allowed without a turnaround,per the requirements of the PUD, is 150'. The applicant exceeds this length at Elwood Drive. The "hammerhead" at the end of Swaps Drive does not meet the standard currently used by the City. The turnaround at the end of the hammerhead would need to be extended out, so that the total length is 120' (see the attached standard currently being used by the City). City code does not allow driveway grades to exceed 10%. The drawings show driveways that appear to be greater than 10%. Eastway Avenue has not yet been paved, and until this road is completed, there is no access to the Shenandoah Place development. The developer for the plat to the north (Pinewood Estates)has petitioned the City for the improvements along Eastway Avenue. The developer for Shenandoah Place will also need to sign a petition for the street and utility improvements along Eastway Avenue. The improvements included in the petition would then become a Chapter 429 project(a city project),with the costs being assessed back to both developments. An alternative may be to have the developer for Shenandoah Place install the improvements as part of the developer's agreement, and then work out an agreement with the developer for Pinewood Estates for how the costs would be shared. Because there is no existing street connection to Alysheba Road on the south end of the development,there may be a problem with an overlength"dead-end". If only the north half is developed as part of a first phase, a street stub may be necessary to serve Lot 11, Block 1. If this street stub is greater than 150 feet, staff recommends that a temporary cul-de-sac be installed. Staff also recommends that this temporary cul-de-sac have a minimum radius of 30 feet. The drawings show driveways that are not 5' from the property line, as required by City Code. Driveways are not shown for all the units associated with building 2 (unit 2) and building 3 (unit 7). RIGHT-OF-WAY The drawings show the layout of the Pinewood Estates plat north of the development. The Shenandoah Place drawings suggest that 60' of public right-of-way exists the entire width of the plat of Pinewood Estates. A review of the final plat for Pinewood Estates plat shows that 60' of right-of-way was not dedicated. The existing right-of-way varies from about 52' on the west side to approximately 30' on the east side. Shenandoah Place will need to dedicate enough right-of-way so that at least 60' total will be available. The applicant has identified an area of"future"right-of-way in the northeast corner of the plat, for Shenandoah Drive. This right-of-way shall be dedicated as part of this plat. EASEMENTS The drawings do not show the proposed easements. WATER Water issues will be reviewed by the Shakopee Public Utility Commission SEWER The drawings do not provide enough information as to how the services will be connected to each individual lot. Only one connection is provided for each building,which does not work when a problem occurs later on. For example - if a blockage occurs in a service and damage occurs as a result, financial responsibility is extremely difficult to determine. The depth of the pipe does not meet the City's design criteria and standards for sanitary sewer construction, and revised depths must be included in the final construction drawings. During review of the final sanitary sewer layout included with the construction drawings, an additional stub may be required to the south. This stub may be necessary to provide the most economical sanitary sewer line to serve future development immediately south of Shenandoah Place. This stub would be required as a condition of the Shenandoah Development, and all costs would be the responsibility of the Shenandoah Place developer. GRADING, STORM SEWER,AND EROSION CONTROL PLAN Pond slopes are not shown on the grading plan. The final pond slopes shall not be steeper than 4:1. The grading plan does not include a narrative report summarizing erosion control: timing, phasing, stabilization,maintenance, etc. A wetland delineation of the site has not been submitted for review. If the delineation shows no wetlands exist on the property, the applicant will require a certificate of exemption from the city. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: A) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. The plat drawing must be revised along Meridian Drive so that the centerline has a radius of 200' or greater; 2. The plat drawing must be revised to show the correct alignment and width, with labeling of dimensions, for the existing Eastway Avenue right-of-way; 3. The plat drawing must be revised to show the dedication of the Shenandoah Drive right-of-way in the northeast corner of the plat; 4. The plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is 60'; and 5. Proposed easements must be shown on the plat drawing, including access easements to the ponds. B) As part of the Final Plat application submittals, the following actions must be completed: 1. The layout for the private streets must be revised to show turnarounds for those streets greater than 150' that have no outlet. The turnarounds shall be consistent with the City's design standards; 2. A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes,proposed elevations for lot corners, and a narrative report summarizing erosion control; 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption; 4. Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria; and 5. A signed petition must be submitted for the street and utility improvements along Eastway Avenue. C) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developer's Agreement for the public improvements; and 2. The Final Construction Plans and Specifications must be approved by the City Engineer. . FRI VA IE STREET TURNAROUNDS EAGAN FIRE DEPT. POLICY 1-`-- 601 601 ACCEPTABLE ALT. TO T 120' HAMMERHEAD 721 DIA. CUL—DE-SAC z T 25'R. 5 rj° TYP. S \'` i 51R. TYP, )4--721 25'R.' J ;' i TYP. �J 26-0-- 70' 25'R T TYP. \\ 1 i —i- -OVARIES VARIES —0- .-VARIES 4--VARIES a } 1 { t20' ACCEPTABLE ALT. TO HAMMERHEAD 120' HAMMERHEAD t 72' DIA. CUL-DE-SAC 01 Q- WITH CENTER ISLAP D 5 F—F I 2 NOTE: WIDTH OF PRIVATE STREETS 25�R VARY FROM 20 TO 28' TYP i WIDE F—F. VARIES i REVISED standard city of eagan PRIVATE STREET plate 4 : PUBLIC $ --E—,.t.., ,- {' WORKS TURNAROUNDS 3 - 94 590 F. DEPARTMENT - CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Shenandoah Place Preliminary Plat DATE: April 3, 1997 DISCUSSION The staff memorandum that was distributed in the Planning Commission agenda packet provided recommended conditions of approval for the above mentioned project. One of these recommended conditions referenced the levied assessments for the subject site. Condition C.vi. provided in the staff memorandum states `Levied assessments must be paid prior to recording the final plat". Staff is recommending that this condition be deleted and that it be replaced with a new Condition C.ii.g. This new condition is recommended to read as follows "The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment". This revision is consistent with past city practices. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend, to the City Council, the approval of the Preliminary Plat of Shenandoah Place, subject to conditions, as revised. ACTION REQUESTED Offer a motion to recommend approval of the Preliminary Plat of Shenandoah Place, subject to the revised conditions, to the City Council, and move its approval. 1/U1( ulie Klima Planner II i:\comindev\boaa-pc\1997\aprOMppslipltb.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Shenandoah Place DATE: April 17, 1997 INTRODUCTION At its April 3, 1997, meeting, the Planning Commission continued the public hearing for the above mentioned project. The purpose for this continuance was to allow the applicant time to address the seventeen (17) conditions identified as requiring resolution prior to City Council review of the Preliminary Plat. DISCUSSION Please find attached as Exhibit A, a list of the conditions that the Planning Commission directed the applicant to address. Exhibit A also identifies which of these conditions have be resolved and which require further attention. Also, please find attached as Exhibit B, a copy of the Preliminary Plat drawing. For additional reference, a copy of the April 3, 1997, staff report has also been attached. Attached as Exhibit C are comments provided from the Assistant City Engineer. Conditions of approval have been revised consistent with the information provided from the Assistant City Engineer. Staff has updated the conditions listed under the ALTERNATIVES section of this memorandum. Those conditions that have been satisfied have been eliminated, any new conditions have been added, and any necessary revisions to existing conditions, due to the revised submittal information, have been made. • New conditions that have been added include: Condition No. 1.a.i Condition No. 1.a.xiii • Revised conditions include: Condition No. 1.a.ii Condition No. 1.a.iii Condition No. 1.a.iv Condition No. 1.a.v Condition No. l.a.vi Condition No. 1.a.vii Although all of the conditions identified are of value, those of significant concern include issues of meeting the density approved with the PUD, verification of open space approved with the PUD, right-of-way dedication, survey and preliminary plat inconsistencies, and phasing. The phasing issue becomes one of substantial proportion due to the fact that the applicant has not yet submitted a phasing plan. Without a phasing plan, it is difficult for staff to determine how(if at all) the 500 foot cul-de-sac requirement affects the applicants intent to develop the property. The applicant has expressed an intention to file the southern portion of the property as a condominium plat. Because of this the City Attorney has informed staff that the southern portion of the property(that containing the townhomes) should be platted as two outlots rather than including lots and blocks. ALTERNATIVES 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Shenandoah Place, subject to the following conditions: a) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: i) The Preliminary Plat shall be redrawn to identify the townhome portion of the property as two (2) outlots rather than lots and blocks. ii) The private street names shall be revised to provide a more distinguishable addressing system for the development. Specifically, Swaps Drive shall be revised to avoid an intersection of Swaps Drive and Swaps Drive. iii) All submittal drawings shall be revised to identify Open Space rather than Dedicated Open Space since this property will not be dedicated to the City. The most recent submittal eliminated the dedicated from Sheet No. 1 only. All submitted sheets shall eliminate dedicated. iv) A survey of the site, prepared and signed by a certified surveyor shall be submitted. This survey shall be incorporated into the Preliminary Plat drawing. v) The Preliminary Plat shall be revised to identify all areas being used in the open space calculations. As supplemental information (not on the plat drawing), the applicant shall provide the size(s) of these identified areas. This information shall be provided in the form of a table providing the size of individual open space areas for verification purposes. vi) The Preliminary Plat drawing shall be revised to illustrate that all lots meet the lot depth and lot width requirements of the City Code. Specifically Lot 15, Block 3 does not meet the minimum lot width at the front yard setback line. vii) The applicant shall provide, as supplemental information, calculations that verify compliance with the required densities approved as part of the Planned Unit Development for this site. The densities provided do not comply with those densities required with the PUD approval. viii) The Preliminary Plat drawing must be revised to show the correct alignment and width, with labeling of dimensions, for the existing Eastway Avenue right-of-way. ix) The Preliminary Plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is sixty(60) feet. x) The Preliminary Plat drawing must be revised to include proposed easements, including access easements to the ponds. xi) If the applicant wishes to defer payment of park dedication fees to the issuance of building permit, a written request must be received by staff. xii) The applicant shall provide a phasing plan for the development. xiii) The lot line between Lots 6 and 7, Block 3, shall be drawn to the corner. b) With the Final Plat application, the applicant must provide the following information: i) The layout for the private streets must be revised to show turnarounds for those streets, greater than 150 feet in length, that have no outlet. The turnarounds shall be consistent with the City's design standards. ii) A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes, proposed elevations for lot corners, and a narrative report summarizing erosion control. iii) A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption. iv) Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria. v) A signed petition must be submitted for the street and utility improvements along Eastway Avenue. c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. g) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. v) All existing easement areas must be shown on the plat drawings. vi) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Shenandoah Place, 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 Shenandoah Place. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. ACTION REQUESTED The Planning Commission should provide direction to staff regarding the preferred alternative. 7/14 ulie Klima Planner II is\coirundev\boaa-pc\1 997\apr l7\ppshplc.doc EXHIBIT A NOTE: THOSE ITEMS IN BOLD HAVE BEEN RESOLVED. ALL OTHER ITEMS REMAIN UNRESOLVED. 1. The Preliminary Plat drawing shall be revised to include a legal description of Outlot C and Outlot D for the area of the site south of the drainageway that is to be held in common interest. 2. The Landscape Plan shall be submitted. The Landscape Plan shall be in compliance with the City Code requirements. 3. The off street parking spaces shall be revised to show a width of nine (9) feet and a depth of twenty (20) feet. 4. The street names of Citation West and Citation East shall be revised to provide a more distinguishable addressing system for the development. 5. The Preliminary Plat drawing shall be revised to identify Open Space rather than Dedicated Open Space since this property will not be dedicated to the City. 6. The Utility Plans shall be revised to show individual utility services to each dwelling unit. 7. A survey of the site, prepared and signed by a certified surveyor shall be submitted. 8. The Preliminary Plat shall be revised to identify all areas being used in the open space calculations. As supplemental information (not on the plat drawing), the applicant shall provide the size(s) of these identified areas. 9. The Preliminary Plat drawing shall be revised to illustrate that all lots meet the lot depth and lot width requirements of the City Code. 10. The applicant shall provide, as supplemental information, calculations that verify compliance with the required densities approved as part of the Planned Unit Development for this site. 11. The Preliminary Plat drawing must be revised along Meridian Drive so that the centerline has a radius of 200 feet or greater. 12. The Preliminary Plat drawing must be revised to show the correct alignment and width, with labeling of dimensions, for the existing Eastway Avenue right-of-way. 13. The Preliminary Plat drawing must be revised to show the dedication of the Shenandoah Drive right-of-way in the northeast corner of the plat. 14. The Preliminary Plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is sixty (60) feet. 15. The Preliminary Plat drawing must be revised to include proposed easements, including access easements to the ponds. 16. If the applicant wishes to defer payment of park dedication fees to the issuance of building permit, a written request must be received by staff. 17. The applicant shall provide a phasing plan for the development. EXHIBIT C City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Revised Drawings-Preliminary Plat Application- Shenandoah Place DATE: April 10, 1997 After reviewing the revised drawings that were submitted for the referenced application,I have the following comments for the applicant,and for the planning department: STREETS The applicant has revised the centerline of Meridian Drive to show a 200' radius, as required. In lieu of"no outlet"private drives, the developer has revised the drawings to show intersections with the public street. However,the angle which the streets connect are not acceptable. RIGHT-OF-WAY The drawings have been revised to show 30' of right-of-way dedication for Eastway Avenue. However,the plat dimensions have not been revised so it is unclear to me how the plat will work. As an example, all the dimensions along the western edge of the previously submitted preliminary plat add up to 1287 feet(see Attachment 1). Attachment 2 is a copy of the revised drawing,which shows the same dimensions for the lots, easement, etc., with the addition of the right of way. If the right of way is added to the other dimensions,the total would be 1317 feet. (If the 120 feet for lot 20 includes the 30 feet of right of way, then lot 20 would be 90 feet deep, which does not meet the minimum lot depth for R1B zone.) The certified survey shows 1294.82 feet is available along the western edge of the plat. The applicant has revised the right of way for Shenandoah Drive to be dedicated as part of the plat. EASEMENTS The drawings have been revised to show drainage easements around the ponds. They have not been revised to show easements along lot lines,within the southern portion, or access easements for the ponds. SERVICES Staff from the City and the Shakopee Public Utility Commission(SPUC)met with the applicant and the applicant's engineer. The applicant has indicated that the site will be platted as a condominium. The Building Official,and representative from SPUC have indicated a common service can be installed with a condominium,per the State of Minnesota Plumbing Code. Based on my review of the revised drawings,the other issues identified in my memo dated March 27, 1997, have not been addressed with this revision. _ LO�K Ii LO-CK i E'LO:K 13 B_ 4 - • O o•03136'40 I 2 3 4 I 2 3 4 1 2 3 4 1 2 3 4. 1, ;r r L •21.10' r . l3ss — — E_1 L LIjNLE — _ z 'it _ R•43000' — ______ — +---�— — --i„',-.;‘. '.. 8 86143' 80 is 44"E 34& I 15 N 69139'34" _ 92•.... 15 71 70 30 30 88 7 ' r-----1 I r-----7 r---- 41 15 l8 '15 16 Ul 2 : a 1 lif II r ' ' ili iIi iIi i I i 1I'----SIr:-.71:-!-) ,�. 1__2_°___11__Ie nII , ;� I-- lI, 1---IIL 16 1 :,I �'I1 2 "li 3 71 i. 4 '�I1 5 i �l 6 fill -I 11''''''''" , 8969 BF. .�0 Sp t ---J t___ 1p .11."°*F J L--- -� t ---J t J L J t J l J L----JI 1----J . 18 9000 SF. 11081 8F. 10117 8F. 9000 SF. 9000 SF.I '.000 SF. 8000 8F. �J0a0 BF.-I-- 10700 SP. ',• �_.. 164 -11 T------------ -------_ 1, BLOCK 2 - r i ''� r `� Q /� / 15 1 e ' 8 13 , 14 :17073 8F.j i , DEDICATED /� ;57- 102rt 8F' �I 20812 8F. 1`\i,14614 SF. � ' \ 01 8N SI ACE / ',,,,(,,BLOCK 3 / 42216 SF. ,�__� 82', J ---__"/ t,',,.-- / IP // �9 ---� r- ao-, ''''''.:›2'''' � /P,.b� / DT�G/ a >� \ [10285 e� ' If j/i .9501 aFP p O 174110 SF; i /2.0�/ M .i I r•. \ 2S - \ , `�'`..i//0423 6F// 't.�P` i sr IN, �-�Q�/ \ V �\•9861 SP'I 9189 SF /1 \ '4/O 3 .� 4r100 8 P �r OC. �'��� �� bmC' Q ``S J1—,_,,,/,4,...q1,/-----, �k° 5 ) r.�40\f\/� \`---.; / /m,. `\ ----/ --' 0 �� ` - ,J/19600 5F , \ 12865 SF., 1' '9 , 81 _{1'm `�-`,,i 19600 8Fa , /"' \ `� ,/i �� AY58 BF.‘) yo! \ t``, a 1' 3 %/�.,4D * • 1j 1i Im ,, �+ / ----i .�/185008F 1 / \N. \ \ 1 1 12051 OF. ,�\1�'''.1/ Y ..,„„/".-.--'---._. \db_ / L.�` 00 1 2 �i r., 4141' r� iQUTLOI .B. � 169 F. / / / \ \� \ �� / q�C i / / o/� \ \ / /�. / 11 `. 1� / / \ -qe \ v 11295 8F. Z p. / / 4b \ �vr� ti� X41+•, tl�1l i$� / / / �V. 154IIi----- \ 1 3 / / ,..,..-,(0}+J0 s w BULL I \ P \ .� l +r / / 8 1 6 5 4 3 \ [ 0 \ 2151 Z30 / OI I 1 / 1 7 , )0011 / / \ \ /I \ 570 Qg1 2131415 6 / / 7�` I NM O112 e wrt No ./ / / 28 / 12 11 1019 8 1 / n� �,` II 11 � / / / NM ©a ©a / 0 f 3 ©_, 10 ©%10 / ! / Z5 4 v v- 9 ® 2 I3 5 I 1 © ©i 8 I 10 WIT BULDNG ' ' 6 vs 00 10981 6 II0,e z i m oil O1 ® I 1 owl," II II mosii... 4O9�l 10 ©Igia�t 10 I { I 3 s 9 I I #r. 4 4 © ©• 8 g s8 Wit e RI ®I Wag" 5 @ © 4 6 I 11 I11111011211111 d• s I 10 � 1 1.--i 13 53t N 8914215"E. 136263 30 30 i 1 Ai-1 a O\m.e_v\ 4--- i 1 214' 224' 192' 24' ® {1' 37' 31' 37' 74' 37• DI' 67' 31' 77' ..�.. - 4 r. —� 4I t---1 'T RUI DINT 12 UN(T BUILDING 10 UNfT BUIL . • ' 37 1 2 3 4 ' 1 j 2 3 . I 11 12I 3I 4 ) 1 2 3 4 1 2 _— 0 L. 1 3736'40" J E L •21.10' F — 7 .13ss' — EASI I L L—AVENUE — —1 R•43000' N56743'4691 34165' 1.•29,21 ' N 69739'34"E 925.46 _ R•405027, •J 60 �' - GI TS T5 T 41 21 201 30'301— 65 15 r 15 T- 15 T- l5 r 15 r 135' —1 30 13, l�/ 9II IIi ®Ij IIi TI rII NI IIi IIi I- I ( i I , IIS----. Ii- ---i \.I Q I )8 ISI 1 -PI i / I 1 i a i a ^� i ,( obi 0 `� i I L2mF I L 1 J I Lw,----;;L - 1�( I 1 16 1 I 1 III 2 3 I I 'Y 1 I 1 5 1 rI 11 I I 6969 8F. 9000 S.F. .000 6F �- -- 3 L- - j . L____1 L !TT L 3 i 3 L 1 L___ II L____ TO 1 15125 -I is j 9000 6F. 11240 SF. Q S 10112 sF. `•1000 Sr. 9000 Sr. 9000 Sr. 9000 SF. 9000 sF. 10200 SF. 164 -'�- -- - � � r------- r -- , \1 BLOCK 2 r 8 a 13 \Iv. 141' / /nail F,' C, \•s / I 102r1 6F1 $I 1 20612 6F. `, J 14614 6F. gr� i \8 OPEN SPACE 7g. ` � \I / / -�// 41059 5F. 7.-527,7 \(,BLOCK 31I '`-- ' (( , N /ir` ,,7 -7 ~ r-- 1.210 , .. '.\`v IA / yA✓ (�41 (�� '`� \ r\...T.. 1. I 10296 Sr. i 11 1 9501 SP1 i,,,, o \12 `? /% .'I S ` \ ,/ //0423 5F/ ----:1201 QUO 3 `Y pi- - 12410 5F.1 p / /t�� ,'� I i``��� \ \ 9 \ -4`----..58y i/^10 -` •'9/ 1 11 ig i, 1...-111% / .\ .'--`�\'966T sF1 I l}0616 Si,'/' - 4\0 AN 0Rl \ \ i CI' 11 \`� �T '^`\ 9600 6F� 'm I J L h0 i 4` 7 /.`` fir' \ 4) / �.12665 SF;� �'--- \� �9 �\�\ 6 ``�`�.//`/9600 SF0% ��,, / 4? / 60 / r 3 r, �. \ \ a i �``, 39656 9F.)\v Om J l/5600 SF 7l, - \ \�. ao c`\ --,....//' 2 `i/ /�� \\`+'/i 12051 SF. '�\'�'��'' \ 9600 S / 7 /\ r. 9 135 d3 / /`11163SF yao / /„,P/� ' DUTLOT 'B' / \ �-- J °'/ 11` 'NAGE EASEMENT W9 6F. 1 / / / \ \�/r d... �� ae / �y J� 11295 Si r i / a \ ''N)\ V/ \ x/33, 3 / /1� owl' Loris I \ \ / \ / OUTLOT 'D' 8 1 6 5 4 3 \I/ m \. \ 9_ / O 2 / u 0 / \\r t © 1 t 3 I4 15 6 / /i. / BIRAIL S�/ 1 2 0 1 O ® I Q UNIT puILDIN6 q/ ! / 101' lijings _ m12 11 109 8 1 / /� OUTL07 'G' 15y; Milv ©SII 2 11 Q a 3 © © ' 10 I' I 215 4 4 v. ® 2 3 4 5 ' 100 , 65 © © 8 I J 1 10 WIT SW LONG 570 16 a -. 11111 vv 10 9 8 1 6 I f O 1111 31-11 ® I Ij 3 4 5 2 2 ,D Wrt eu 01 1 . 1iimilmisS II11 ,_ 1111111 910 0I0 III I 4 © ©' 98 p b Al #2 I ®I 1 ,u17a 0.1..0 5 v 5 Iv a o I J Ir Imv IN. 0 ®■ I I N 6974215"E 136263 30 30 ] Al+a C k YA(-'114- 2-- 1 214' 114' 19: 82' 32' 32' 24' ):• 57' S7' 32' -' I 24' 24' 30• 44' - L-L --__-�I l I 11-. j �` 1 1 t� J 10 UNIT Bl UNIT BUI_DING12 UNIT BUILDING ^__ i - m — ,I-- m Q7 — (0. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Shenandoah Place DATE: April 3, 1997 Site Information: Applicant: Heritage Development, Inc. Location: South of Eastway Avenue extended and west of Shenandoah Drive(See Exhibit A) Current Zoning: PUD Overlay Zone# 10 Adjacent Zoning: North: PUD Overlay Zone#8 South: Light Industrial (Il) East: Major Recreation (MR) West: Light Industrial/PUD#5 (I1) Comp.Plan: 1995: Single Family Residential Area: 39.9 Acres MUSA: The site is within the MUSA boundary. Introduction: Heritage Development, Inc. is requesting Preliminary Plat approval for a development consisting of 32 single family residential units, 22 twin home units, and 148 townhome units. The townhome structures house a range of eight to twelve units each. The proposed development is located south of Eastway Avenue extended and west of Shenandoah Drive. The Planned Unit Development for this site was approved by the City Council on March 4, 1997. The Preliminary Plat is in conformance with the approved Planned Unit Development. The applicant has not provided staff with a reduced copy of the Preliminary Plat drawings. These drawings are available for viewing at City Hall and will be made available at the April 3, 1997, Planning Commission meeting. xiv) The Preliminary Plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is sixty(60) feet. xv) The Preliminary Plat drawing must be revised to include proposed easements, including access easements to the ponds. xvi) If the applicant wishes to defer payment of park dedication fees to_the issuance of building permit, a written request must be received by staff. xvii) The applicant shall provide a phasing plan for the development. b) With the Final Plat application, the applicant must provide the following information: i) The layout for the private streets must be revised to show turnarounds for those streets, greater than 150 feet in length, that have no outlet. The turnarounds shall be consistent with the City's design standards. ii) A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes, proposed elevations for lot corners, and a narrative report summarizing erosion control. iii) A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption. iv) Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria. v) A signed petition must be submitted for the street and utility improvements along Eastway Avenue. c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. v) All existing easement areas must be shown on the plat drawings. vi) Levied assessments must be paid prior to recording the final plat. vii) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. viii) Access to Lot 15, Block 3, shall be limited to Meridian Drive. Access onto Meridian Court shall not be allowed. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Shenandoah Place, 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 Shenandoah Place. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Shenandoah Place, subject to conditions, to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Shenandoah Place, subject to conditions, to the City Council, and move its approval. ulie Klima Planner II Bcorn ndev\boas-pc\1997\aprO3\ppshplc.doc • EXHIBIT A - • B1 L- MRTio - i . ii ,..., 4 z /, D ; , I ARK'/4JAV o / ! I ' ' •• < ,V10R3 ,�, s 16 �: R 1 • , M R �i`D/. c _ .s v 2! i I, `��;� I 1 ' I • 1 i 341 Elliip �4 + • ry ,-.It ERIE s - S�O,� LEGEND El 1MEI , � I//a 1..i: ..MI 040atak44h. 4e r .�. WM KZ S 2 fi � r -;-'-71 NM NEW • E710011Art,„%lopit,SIMI o® 7 AvE. my , N� ,G ?,grt ;iture • o • ©,/01111IR .� `� t_ --' Ns �0� tt1i RR ; Rurc1 Residenticl • a«�¢ a ���.�: =� ,, ;R1.A Low Density Resit `n imp Kn. I �Iiria; �` R-� Ci SOM. ,, .F ., U ocn :-:esiden `Lr i �r '•��ilf`�,A 01 I =--' Old S1C cOvcc Res awo. i ©ausw :771 o ` , A ' Ai.� 'M �, , , ( 21 Medium Density W :3- I E all .is dm& 4 *oma o 'r._ Y 77J_( - I S , S - I = C•� e0 �.w��,.,p . � , . ! 1 ! Highway Business -) o ,,-\., -,,i ! EXHIBIT B City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Preliminary Plat Application-Shenandoah Place DATE: March 27, 1997 After reviewing the submittals for the above referenced application,I have the following comments for the applicant,and for the planning department: STREETS The proposed street widths shown on the drawings are consistent with the subdivision requirement for public streets (36' face to face), and with the PUD approvals for private streets (28' face to face). The subdivision ordinance allows a maximum street radius of 200'. The applicant's drawings shows one section of public street(Meridian Drive) with a radius of 150'. The maximum length of private street allowed without a turnaround,per the requirements of the PUD, is 150'. The applicant exceeds this length at Elwood Drive. The "hammerhead"at the end of Swaps Drive does not meet the standard currently used by the City. The turnaround at the end of the hammerhead would need to be extended out, so that the total length is 120' (see the attached standard currently being used by the City). City code does not allow driveway grades to exceed 10%. The drawings show driveways that appear to be greater than 10%. Eastway Avenue has not yet been paved, and until this road is completed, there is no access to the Shenandoah Place development. The developer for the plat to the north (Pinewood Estates) has petitioned the City for the improvements along Eastway Avenue. The developer for Shenandoah Place will also need to sign a petition for the street and utility improvements along Eastway Avenue. The improvements included in the petition would then become a Chapter 429 project(a city project), with the costs being assessed back to both developments. An alternative may be to have the developer for Shenandoah Place install the improvements as part of the developer's agreement, and then work out an agreement with the developer for Pinewood Estates for how the costs would be shared. Because there is no existing street connection to Alysheba Road on the south end of the development,there may be a problem with an overlength"dead-end". If only the north half is developed as part of a first phase, a street stub may be necessary to serve Lot 11, Block 1. If this street stub is greater than 150 feet, staff recommends that a temporary cul-de-sac be installed. Staff also recommends that this temporary cul-de-sac have a minimum radius of 30 feet. The drawings show driveways that are not 5' from the property line, as required by City Code. Driveways are not shown for all the units associated with building 2 (unit 2) and building 3 (unit 7). RIGHT-OF-WAY The drawings show the layout of the Pinewood Estates plat north of the development. The Shenandoah Place drawings suggest that 60' of public right-of-way exists the entire width of the plat of Pinewood Estates. A review of the final plat for Pinewood Estates plat shows that 60' of right-of-way was not dedicated. The existing right-of-way varies from about 52' on the west side to approximately 30' on the east side. Shenandoah Place will need to dedicate enough right-of-way so that at least 60' total will be available. The applicant has identified an area of"future"right-of-way in the northeast corner of the plat, for Shenandoah Drive. This right-of-way shall be dedicated as part of this plat. EASEMENTS The drawings do not show the proposed easements. WATER Water issues will be reviewed by the Shakopee Public Utility Commission SEWER The drawings do not provide enough information as to how the services will be connected to each individual lot. Only one connection is provided for each building,which does not work when a problem occurs later on. For example - if a blockage occurs in a service and damage occurs as a result, financial responsibility is extremely difficult to determine. The depth of the pipe does not meet the City's design criteria and standards for sanitary sewer construction, and revised depths must be included in the final construction drawings. During review of the final sanitary sewer layout included with the construction drawings, an additional stub may be required to the south. This stub may be necessary to provide the most economical sanitary sewer line to serve future development immediately south of Shenandoah Place. This stub would be required as a condition of the Shenandoah Development, and all costs would be the responsibility of the Shenandoah Place developer. GRADING,STORM SEWER,AND EROSION CONTROL PLAN Pond slopes are not shown on the grading plan. The final pond slopes shall not be steeper than 4:1. The grading plan does not include a narrative report summarizing erosion control: timing, phasing, stabilization,maintenance, etc. A wetland delineation of the site has not been submitted for review. If the delineation shows no wetlands exist on the property, the applicant will require a certificate of exemption from the city. Recommendation Recommend approval of the preliminary plat,subject to the following conditions: A) Prior to review by the City Council of the Preliminary Plat,the following actions must be completed: 1. The plat drawing must be revised along Meridian Drive so that the centerline has a radius of 200' or greater; 2. The plat drawing must be revised to show the correct alignment and width,with labeling of dimensions, for the existing Eastway Avenue right-of-way; 3. The plat drawing must be revised to show the dedication of the Shenandoah Drive right-of-way in the northeast corner of the plat; 4. The plat drawing must be revised to show the dedication of Eastway Avenue along the north side of the plat, so that the total dedicated right-of-way is 60'; and 5. Proposed easements must be shown on the plat drawing, including access easements to the ponds. B) As part of the Final Plat application submittals,the following actions must be completed: 1. The layout for the private streets must be revised to show turnarounds for those streets greater than 150' that have no outlet. The turnarounds shall be consistent with the City's design standards; - 2. A revised grading plan must be submitted that shows driveway grades and locations that meet the City's design criteria and standards. This revised grading plan must also show pond slopes,proposed elevations for lot corners, and a narrative report summarizing erosion control; 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption; 4. Drawings must be submitted showing a revised sanitary sewer design that is consistent with the City's standards and design criteria; and 5. A signed petition must be submitted for the street and utility improvements along Eastway Avenue. C) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developer's Agreement for the public improvements; and 2. The Final Construction Plans and Specifications must be approved by the City Engineer. - PRIVATE STREET TURNAROUNDS EAGAN FIRE DEPT. POLICY 14-- 60' -- 60' ACCEPTABLE ALT. TO 120' HAMMERHEAD 201 60' 72' DIA. CUL-DE-SAC 25'R. T YA� • TYR 5'R. 25'R. • TYP. 25'R. T TYP. \ • -6- -OVARIES VARIES -4- -'-VARIES -+- 4-VARIES 120 ACCEPTABLE ALT. TO HAMMERHEAD 120' HAMMERHEAD • 72'DIA. CUL-DE-SAC 20' WITH CENTER ISLAND 0 F-F NOTE: WIDTH OF PRIVATE STREETS R. VARY FROM 20' TO 28' 2525' WIDE F-F. } VARIES • REVISED standard city of eagan PRIVATE STREET plate ; : PUBLIC ; WORKS TURNAROUNDS 3 - 94 590 DEPARTMENT f T 1 ; it,, + --— �� _- f f \- wt `' x iii i \ \ \ I 0 1 teilt '• 4 OM ' III .; \ , \\I 6 . V.. _ P 1 6- ._ Tim.c c.... nta ali till!',./"T"Wit L r At...,.74.( 41P7ã1ij1 a \\ C \ \ 0 +___;_____i wiilitierilhitrlkkliillniptipti i� P� I I msosiouti.4S 1 I N Zs -- of I gill I ::. // ' , i-/,'t'/ I-—— -ia! '1. / / / �^t �a r I A' / 2 ' _N N ' W -__ ���' F`;Jl� I =gip. / / w / /1 td I- �� r _ ', II 7 4 - - � / p / --\ / i ---, y IL—' r. N r E affla I _•_ -?L I. / / N / / N I- - L •W 8 ' - s .. ./"'�`� fir. /i r\� / //® b / w mar..• rW 1--- - \ D i\ millai.. MOO • ') 7 ii ) i` /441* '40 i'0 '' 6/ I t--- w - iR �!"'� ►.,9 g• 't' ��1,�_i/ / Alli' A © �- I I - :,.�■ tool Pi ' / .�/ = 1 edr ;►D ag .4is .rte-aim L.al-Nir // r //' ,,( ile 1 € p I cpm. �`� , 1_41,1 eri +��,� . g / : 1, �- jii ©. ig Q Li _ a�� + Niaril 1.r�await / .0t //)� " dry � . � ii�� ! W 4 ;!. ‘ • / - r ----------- / , 11---/ v S V • I SFIAN/SNDOAa•1 DRIVE 0 -/, Qv 1111-1.-----0--N1 O { PW N1-i O 24.• Pi ag gi 4 i L ri9 I I I-11 Im z i' i 'I. 1 1 i I e 1 • i•. 4iezez ,. I I/ (P I il&I w r X w x i k II r rC' lis =`C\-J w 1Ifi 11.—Hfll-! 1 io I1J� A ' , ovistioagitala & \ \ N \: wall/tubX0 `�lei 1 ,, _�r - 1 (cn: / / -tom•'— a �`� • / / */:44/ 4: I�J- j s1 . - Li.,717/// 4[,...ni -.- . "- . .. .-_-__,,, # i ,, , / .1 1--;——-1 t-r"—*-iH / ai._ _n• r(�/ ?/0 ilk, -i,8; `7„ / //� u in ro La OM gi I 4 9 : a 0r vf' ' / /�,'`�.�v/ �R. ill LS F ��'��I '' a� :am am No / / <4;-;://4/(,),,....z--1 N--—.—7--..—) 1 : I i 4 r2 4 / 1 ,..!...)1. �T�, �. � 1 . F Or R � .. S / #� Wig' ; $ •L___ __ a / \�/L3�\Vi �,11.--;r1 e�s+kaowciarE -- w -- .e ./ va - Nn•sY•ftW [[[[ ff ; i 41 1iii'ir �E1 $ 1 • 1 °�•�� 1 `i1 r Eft 1111111_ 1110Ullin81ti 111ilti1; 1.li¢it Hi lila1 I.J 1% 74 _ $� f�p $ $ y 5 §S 1 VII i 113121101;11110;1=iii 11 I 99 9 ; !� Fit€ � _i f _ f i, 11;111 111111. !girl 'llii h.:loge iiiiiiiii iiilogif 0110 tto its 1.6 f .'e • .5 r 1.1 1 IC; I J_.!ifJ r 111E I 9 III 1 ii pp VW If Ili Hi 1 a L i 1 1It I pi flfifR i 11 o 5i a 1 s r:�._ P 1 u > R 3 -- 1 3. } CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Shenandoah Place Preliminary Plat DATE: May 6, 1997 DISCUSSION The applicant for the above mentioned project has requested a variance to the cul-de-sac length requirements of the City Code. Please find attached, for your reference, a copy of the April 17, 1997, report to the Planning Commission regarding this request. This memorandum includes the criteria necessary for approving a variance and the findings of the Planning Commission. ALTERNATIVES 1. Approve the variance request. 2. Deny the variance request. 3. Table this item and request additional information from staff and/or the applicant. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the requested variance to allow a maximum cul-de-sac length of 750 feet, rather than the 500 foot requirement. ACTION REQUESTED Offer and pass a motion consistent with the findings of the Council. 4ta 1 alb Julie Kli Planner II is\commdev\cc\1997\cc0506\varshplc.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Shenandoah Place Preliminary Plat Cul-de-sac Length Variation DATE: April 17, 1997 INTRODUCTION The applicant has recently submitted a request for a variation to the cul-de-sac length requirement. Section 12.07, Subd. 1.B.1.f of the City Code states that the maximum length for a cul-de-sac in the urban service area is limited to 500 feet. DISCUSSION Historically, the above mentioned requirement has been applied not only to cul-de-sac streets, but also to temporary street stubs. When applied in this fashion, the requirement would allow the developer to construct Alysheba Road 500 feet south of its intersection with Meridian Drive until such time as another street connection could be made to surrounding properties. The 500 foot limit would allow the construction of approximately two (2) townhome buildings, rather than the anticipated fourteen (14) townhome buildings. The applicant is requesting that the 500 foot requirement be varied to allow the construction of Alysheba Road to the southern property line for this project. Therefore, also allowing the constrution of all anticipated townhome buildings. Section 12.13, Subd. 1 of the City Code provides the following criteria for granting such a variation. Staff has also included draft findings for the Commission's review. Criteria No. 1: The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Draft Finding No. 1: Granting the variation would allow only one public access into and out of the townhome portion of the project. However, if needed, an emergency access could be provided by the applicant to ensure access in emergency situations. Criteria No. 2: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property. Draft Finding No. 2: The conditions for this request are unique to the property. This portion of the subject site is bounded on two side by the Upper Valley drainageway. Certainly, such conditions remaining area of the property is bounded by parcels not yet ready to develop. However, it is anticipated that these properties will develop at some future date. Thus allowing additional roadway connections to be made at that time. Criteria No. 3: Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Draft Finding No. 3: Literal interpretation of the provisions would deprive the applicant of the right to develop the property to its boundaries. While the requirement of 500 feet is currently adhered to, the draft Subdivision Regulations propose a cul- de-sac length of 750 feet. Therefore, this is a requirement that may call for revision. Criteria No. 4: The special conditions and circumstances do not result from the actions of the applicant. Draft Finding No. 4: The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are unique to the property. Criteria No. 5: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Draft Finding No. 5: A particular hardship would result would result if the regulations are carried out. The hardship being the reliance of the development of the subject site upon the development of the adjacent properties. STAFF RECOMMENDATION Staff recommends that the Planning Commission review the criteria and draft findings and determine if its concurs with the information provided. ACTION REQUESTED Offer and pass a motion consistent with the findings of the Commission. is\commdev\boaa-pc\1997\apr 17\varshplc.doc 13 . 8 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Meadows North MEETING DATE: May 6, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of 10th Avenue, East of Apgar, West of Fuller Street Current Zoning: Urban Residential Zone(R-1B)(See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: 17.26 acres(gross) MUSA: The site is within the MUSA boundary. Introduction: Gold Nugget Development, Inc. has applied for Preliminary/Final Plat approval for The Meadows North. A copy of the report to the Planning Commission is attached for the Council's information. Considerations: 1. Lot area tabulations are attached as Exhibit C. 2. The applicant has filed a request for the vacation of Apgar. This request is scheduled for public hearing before the City Council prior to consideration of the preliminary/final plat request on this agenda. i 1 PFMEADNO.DOC/RML 3. The Engineering Department has made specific comments, particularly as regards the Apgar Street improvements. Please see the attached memo from Bruce Loney,Public Works Director, regarding the proposed cost sharing for Apgar Street. The Engineering recommendations have been incorporated in the proposed conditions of approval. 4. Parcel No. 27-912045-0 has a levied assessment balance for 92-9 VIP Interceptor Project. The subject property is also subject to a pending assessment for 95-8, Fuller Street, 10th Avenue and Vierling Drive. VIP connection fees must be paid prior to approval of the final plat. 5. Park Dedication - The park dedication was previously paid as a part of the plat of The Meadows. Alternatives: 1. Approve Resolution No. 4660 approving the Preliminary/Final Plat of Meadows North, subject to conditions. 2. Approve the request for Preliminary/Final Plat approval of Meadows North, subject to revised conditions; 3. Deny the request for approval of the Preliminary/Final Plat for The Meadows North. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Planning Commission reviewed the request at its meeting of April 17, 1997, and unanimously recommended approval. Action Requested: Approval of Resolution No. 4660, a resolution approving the final plat of Meadows North Additions. Offer and pass a motion approving the proposed cost sharing arrangement for the improvement of Apgar Street. PFMEADNO.DOC/RML 2 CITY OF SHAKOPEE Memorandum TO: Michael Leek, Community Development Director FROM: Bruce Loney, Public Works Director SUBJECT: Meadows North Reimbursement for Apgar Street Construction and Restoration DATE: May 1, 1997 Please find attached a letter from Horst Graser, Project Manager of Gold Nugget Development, Inc., in regard to improvements to Apgar Street in conjunction with the Meadows North Development. Per Mr. Graser's letter, Gold Nugget Development is willing to construct Apgar Street, from Thomas Avenue north to the existing Apgar Street pavement, and to restore the vacated Apgar Street south of Thomas Avenue to Fuller Street. Mr. Graser's letter is requesting from the City a reimbursement for the portion of Apgar Street to be constructed within their plat. The portion of Apgar Street, from Thomas Avenue north to the north plat line of Meadows North, if constructed under a 429 Special Assessment Public Improvement Project, would include City assessment costs. The west side of Apgar Street has double fronted lots and per City Assessment Policy, the City would be responsible for picking up the assessments along this portion of Apgar Street. In essence, the City would be responsible for 50% of the costs of Apgar Street, from Thomas Avenue to the north plat of Meadows North. The Gold Nugget Development proposal is for the City to pay 50% of the west half of Apgar Street actual costs or essentially 25% of the street costs. The engineer's estimate for the construction costs only of the west half of Apgar Street is estimated to be$22,275.00. The request from the developer is for the City to pay 50% or $11,137.50. This is only an estimated cost at this time, the City would be responsible for the actual bid costs associated with this improvement. The developer is willing to pick up all engineering costs for design and construction and the City would only be responsible for the construction costs. Due to the fact that the developer is willing to pave Apgar Street and can do this at a lesser cost than a 429 Special Assessment Project, the developer is willing to pay for the engineering costs associated with the construction of Apgar Street, and complete the restoration in this area, thus saving the City potentially more money, I recommend that the City pay the construction costs as outlined in Mr. Graser's letter. A condition should be added to the developer's agreement to include a reimbursement on Apgar Street and this reimbursement cost should be funded from the Capital Improvement Fund. If you have any questions in regard to this memorandum, please feel free to contact me in my office. is • •.a% ruce Loney Public Works Director BL/pmp MEADOWS GOLD NUGGET DEVELOPMENT INC. 8857 Zealand Avenue North 8 4 Brooklyn Park, Minnesota 55445 (612) 424-4955 0 f - /479, / April 29, 1997 �, Bruce Loney, Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Improvements to Apgar Street, via facsimile original will follow by mail Dear Mr. Loney, On May 6th the city council will be considering the preliminary and final plat of Meadows North and the vacation of a segment of Apgar street. Based on the comments from area residents at the Planning Commission hearing I am confident that our plat design and proposed vacation of Apgar street met their expectations. As part of our project we have proposed the removal and reconstruction of the entire width of Apgar street adjacent to our project. Normally we would petition the city of Shakopee to reconstruct Apgar street as a public improvement project in accordance with Chapter 429 since our project benefits only on the eastern half of Apgar street. Due to delays in plat approval a Chapter 429 project could not be completed until the summer of 1988. Therefore I propose that we make all necessary improvements and removal of Apgar street west of our plat as part of the Meadows North project this year. Combining the project is a prudent solution for both our development and area residents versus two projects over a two year period. In consideration I request the city of Shakopee participate in the cost of the construction and removal of the western half of Apgar street at a rate of 50% of actual cost. Our engineers estimate the improvement cost of the western half of Apgar street to be $22,275. The cities cost would be 50% or $11,137.50. I can furnish you with cost estimates prepared by Pioneer Engineering if deemed necessary. Thank you for your anticipated cooperation on this matter. Sincerely, l kX4/04,e,L— Horst Gr , Project Manager Gold Nugget Development Inc. PROJ MEADOWS NORTH COST ESTIMATE PROD* 17060 APGAR ST.REMOVAURECQNSTRUCT,ON DATE 04110/97 BY LPO EST. UNIT ITEM QTY. UNIT DESCRIPTION PRICE AMOUNT 1 2400 S.Y. SUBGRADE PREPARATION .... 0.50 1200.001 2 3200 TON SAND SUBBASE 4.50 14400.00 3 2200 S.Y. 6"AGGR. BASE CL.5 MND 30T 38(100% 3.00 6600.00 4 1900 S.Y. 1 V2"BIT. BASE MNDOT 2331 TYPE 314` 2.30 4370.00 5 1900 S.Y. 1 1/2"BIT. WEAR MNDQT 2331 TYPE 41 2.50 4750.00 8 95 GAL. TACK COAT MNDOT 2357 1.80 152.001 7 1000 L.F. CONCRETE CURB AND GUTTER 1.00 6000.00 8 1 L.S. BACKFILL CURB/RESHAPE BLVD _ 200.00 200.00 9 65 S.Y. GROTEXTILE FABRIC-MNOOT TYPE 5 1.50 127.50 ► t0 85 C.Y. SUEGRADE EXCAVATION 3.00 255.00 11 1 AC. TURF ESTABLISHMENT 700.00 700.00 12 4000 C.Y. COMMON EXCAVATION �s 1.30 5200.00 13 800C.Y. TOPSOIL RESPREAD _ 0.75 600.00 TOTAL .._ �'�. 44ss�ao 4OTE: "t 4E5E: Cp�T Ake Lac w0EO i^1 '[!iE ' At. Cwt. C-SZ't. * E RESOLUTION NO. 4660 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR MEADOWS NORTH ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Meadows North Addition on April 17, 1997, 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. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Meadows North Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 3. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. B. The developer shall comply with all compaction requirements on the building sites. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. PFMEADNO.DOC/RMI. 3 Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PFMEADNO.DOC RM1. 4 /- CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Meadows North MEETING DATE: April 17, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of loth Avenue, East of Apgar, West of Fuller Street Current Zoning: Urban Residential Zone(R-1B) (See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: 17.26 acres(gross) MUSA: The site is within the MUSA boundary. Introduction: Gold Nugget Development, Inc. has applied for Preliminary/Final Plat approval for The Meadows North. The proposed development consists of 44 lots, significantly fewer than the previously submitted plat, which included 52 single family lots on 17.26 acres(gross). As proposed, the plat shows the extension of Thomas Avenue to Fuller Street. The proposed development is shown on the preliminary plat. (Exhibit B). The preliminary plat was originally reviewed by the Planning Commission in 1995, but has been tabled until the possible vacation of Apgar Street was resolved. That issue has been resolved by the City Council, and Fuller Street south of Tenth Avenue will remain a collector street, clearing the way for reconsideration of the vacation of Apgar Street. Considerations: 1. Lot area tabulations are attached as Exhibit C. PFPMEADN.DOC/RML 1 2. The applicant has filed a request for the vacation of Apgar. This request is scheduled for public hearing before the City Council on May 6, 1997, and will be considered by the Commission later on this agenda. 3. The Engineering has made specific comments, and a copy of Assistant City Engineer Rutherford's memo is attached as Exhibit D. The recommendations contained in that memo have been incorporated in the proposed conditions of approval. 4. Parcel No. 27-912045-0 has a levied assessment balance for 92-9 VIP Interceptor Project. The subject property is also subject to a pending assessment for 95-8, Fuller Street, 10th Avenue and Vierling Drive. VIP connection fees must be paid prior to approval of the final plat. 5. Park Dedication - The park dedication was previously paid as a part of the plat of The Meadows. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Meadows North, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Meadows North, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for The Meadows North. 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. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 3. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. PFPMEADN.DOC,RML 2 b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. B. The developer shall comply with all compaction requirements on the building sites. Action Requested: A motion recommending approval of the preliminary/final plat of Meadows North subject to conditions. PFPMEADN.DOC/RML 3 e VIM 613' 011 ��,10 70 11115 ta11t � Talla == 1� '� ° mos �' %ti' VIoa ev in R 2 aE1e oa� EL la-US r Lii ill °ae eeo ...eat tgytY, IV -i is4 Irma ti! Biu a is llind 0115 31111 . — � �°°1gal e° A°° fat n ° !— aaaaaa • : .1EEzlhI &!I III l , - P',,F 3 ;�°°° S�'��Ya `a° �`a° 11 MI°aa° aeaae °°ee_ ° ,� -`°° • -�1��1� 11!��� u s �► Ora !�to o �� ...� PT, 0�'`,� Oa ' ill ii: ■ • IOC: Ito' es11 ,��� w F *CM ■� a +l!l� % ,�r1 �� ��i� Mom swum mum W Ll C 0�� 1°� O1 ®� �d�l �� mai, r WO Flo IN Ia'o EUI lino rG E1 vv m s iilI IU lull304. x ill. ,o �l0 0� --;-.7 oi. „sio• nix �����: :���i: �i l I I 1 . 0 MI- — -�� �� soM-- 2', .. H `iR 3 ow 1131111 rim IIIIMI �� 8 7 6 3= ...1.1.m slam -w _' I , c NE iliii • MI 010 • L•.• KEW• low - • l o. obi 711t i2111t!S nein `;1---- ©_ lir. a«ma r ' Mai_ 1 z A G r rr. crz Ell ' VMS • t 11, 7.1 ; 1 ' gloom ,,�'2i4 � ' a E4)01y. Mrit .ems,, IA si'ts� F - ► ♦Wap©iiiia Al* 11 � 016 � ©� �� � L (i t • S�$ i l, �1 EN mat v� v i I I s �d 5���� z:• LEGEND / �,= • `�' tag • / �/ Acr'cuit..re FL ,`L , �i R? ; R:�rcl Rec'r'`�;'cci y 1 , . Ia ' Low Der�s::f �Res.ce'• c11--�"1D :'C 2 Urbcn Res ..ent:ci \ , J •i• �, ! R2 j ti"eciurn Ceras ;� Res :e1 AM i.ipie Fc: ,:ly Res:ce�.fcN W ! Cil I HiS wcy Business J _ .................j , 132 I 0`=ice Business 1231 Centro! �.Us;r'c'sS ---- 777-1 Light Inc.:str ci '2 I Hecyy j;^_.:str.ci • etc % Re ec..cn n..?' Z,...) -es EXHIBIT A —7 -7 __ C . _ LOT AREA TABULATION Am 4 1997 for MEADOWS NORTH BLOCK LOT SQUARE FEET ACRES 1 1 13,295 .31 2 12,145 .28 3 11,552 .27 4 11,075 .25 5 11,844 .27 6 11,894 .27 7 10,249 .24 8 10,417 .24 9 10,391 .24 10 12,178 .28 2 1 13,176 .30 2 12,879 .30 3 12,414 .28 4 12,072 .28 5 12,898 .30 6 12,254 .28 7 11,236 .26 8 11,092 .25 9 9,781 .22 10 10,299 .24 11 12,266 .28 12 11,734 .27 13 13,093 .30 EXHIBIT C BLOCK LOT SQUARE FEET ACRES 3 1 13,775 .32 2 17,422 .40 3 19,321 .44 4 13,521 .31 5 17,073 .39 6 13,275 .30 7 18,183 .42 8 16,494 .38 9 13,876 .32 10 13,170 .30 11 13,602 .31 4 1 13,185 .30 2 10,600 .24 3 11,593 .27 4 13,884 .32 5 33,538 .77 5 1 14,990 .34 2 9,435 .22 3 11,243 .26 4 9,450 .22 5 9,435 .22 6 14,778 .34 4rz/97 meaa,.uctin City of Shakopee Memorandum TO: Michael Leek,Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Meadows North-Preliminary and Final Plat Application DATE: April 10, 1997 After reviewing the above referenced application, I have the following comments for the applicant,and for the planning department: Streets The layout of the streets has been revised to show better traffic circulation between the neighborhoods. It appears this layout has been revised as a result of the comments and concerns expressed by the residents during previous public hearings. After discussions and meetings with the applicant, it is my understanding that the developer has agreed to include the improvements of Apgar Street with his development. He is also agreeable to restoring the areas of Apgar Street that will be vacated. As part of the agreement, he is asking the City for reimbursement of some of the costs to improve and restore these areas. The proposed street widths are consistent with the City's current standards. The connections to the streets located north of the development will require a taper because of the width of the existing streets. The existing street width for Apgar Street, Scott Street and Atwood Street is 44'. The current standard for local streets is 36'. When the existing streets are reconstructed in the future, it may be desirable to reconstruct them to a 36' wide street, instead of their current 44' width. Alleys Because of the existing alleys in the development north of the Meadows North,the plat drawings show the continuation of these alleys to the city streets. The land between the developments appears to have been inadvertently left out of the development to the north when it was platted. After the developer for Meadows North purchased the property for Meadows North, it was discovered that there was a"gap" between the existing and proposed developments. The developer for the Meadows North development has since purchased this property,and it has not been included in the plat. The drawings show the construction of the street connections along with the installation of alleys. A decision is needed regarding this strip of land between the developments. The City will need to have either a roadway easement, right-of-way,or something that gives the public the authority EXHIBIT D to use the streets and alleys,as well as the right to maintain them. What happens to the property outside the streets and alleys is not as critical, but is important for the determination of maintenance responsibility(mowing,etc.) Storm Sewer As shown on the drawings,the applicant has not provided ponding. During the construction of Fuller Street,a pond was constructed downstream of this development that was sized large to accommodate this development. Therefore,no additional ponding is required for this development. Recommendatioq Recommend approval of the Preliminary and Final Plat,subject to the following conditions: a) Prior to recording of the Final Plat, the following actions must be completed: 1. Execution of the Developers Agreement; and 2. The Final Construction Plans and Specifications must be approved by the City Engineer. The plans shall include the restoration of the vacated portion of Apgar Street. • 1 El -ti ( J7 I I I I 1 1 I I-iI J 6. i ili L_ M R.SFILx(:1A STREET I I N R C Ial I f t i 1 C) !\ n f I Il) L ty 1 L I/ I i \ilir I s 00'34 55 E pp — — — -r " )GAR 1227.13 k STREET A .,AR STREET WM w m ii,, •.`, Van STRBL? 124.9 a p k . — rn r -.— — r D-F -I r ,., r,..,, -1 r . ' ,r - - - -_ ,` - - - - I I 41 I4 vI I II Il I )>- - - - ''P'. °I �atbrG , =J c. : 1 •!} 1 j If cD j I 0 1` �� J ' 4 ,. ��ie'L" . it L_„ v I I os �I 0 611 1 c) c_ i � � st `r�,� `�- �_ N ^I � Y 1 wt ,�i,Tt. 7 1--- J L .1L j 1- - _ )> _ /4t L Al t[Y \ \ �°? I ' • J4 iNt kv vires '17 �; ' / / 11 I r 01 ib. , r u) / j L N s� ,I \ 4:ti.. 4": ,,. 9;de / f. _b,1. , .1� _.i l w t N I r'i y c) . c ir,„0";;; • 1., : '''',t.4.. '''' ��YQ� \ - y 4.I `�1 \ -� v `/ � .•••t�• Wil•' !� ���,lj/�// � �/5. V, a"� 0'p• y - SCOTT� STREET I y"' 40e,41 r�� ; _ 1 , ., \ ,A , `4•N : a•'/ `',,,,.V / O , 1 I I I t" i/I. 1 N IY ... ' Oi ,. _ < , 11 11 1 wv��u A , lr i,.�'j� , '+ v / (A ,t,'/ f'* - i. -": All[Y \ _ t11110;;;;;.. se r — ' ' ''`s ,��/ \ �, !% I SII I U I C \ U✓ (� O ` •a, /// A / w , 1 j C7 ) \ ''.. 7/0 to // . . ti?tt.,., ,H, // \ lily \r `' ie / � /// ' �•p\ •"40 'Y% L'1 t II\ (� �//// �'` f/ 6q �• Zin- ' ATWOOD STREET I4. \ \ -.'` //b ' it pt — _ — — — COI L� N( // / ,-k ("7 . 3: CO .' H. I \ d bt��n I -i i,., V P' ,• . N 1 L 0 \ • .� r o `,� ,— \\x,e7.3 '•.x \J LW w ' �\ 1• I :11:i r,� ,,��> \,y, - ,,. __1,4 rte FLt.LER STREET �-� II r, I I N I o /� I I -V, ; I is , t � b -- ' mumnow.ti,;j 1-d `/.a, I i___ �.;; 1 `�`r , ' I u i i fl I I us. ' " 'L tl 1 C t`]1 I g -------1----- I G ' I IS I fr $ x I 1411 I as 4 I &� •$ r-to ZZ o � 220'5 I �D gg $� s A f it S �-.1- ,D rn o 9 (� rn D n e A r-T-t- Z i ,�h 1 ., uta w `13'90 1 pc ° g all al 1 $g 6 _ I-.-to r 3 -' pr Bio.ts 1 a. $ 3 11 $ s ' I `' �S wMa� ii • rt I A CONSENT CITY OF SHAKOPEE J C, Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Stone Meadow 1st Addition DATE: May 6, 1997 DISCUSSION Residential Development, Inc. is requesting approval of the final plat of Stone Meadow 1st Addition. The subject site is located west of Tahpah Park and north of the Highway 169 bypass. A copy of the April 17, 1997,Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the Final Plat of Stone Meadow 1st Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Stone Meadow 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Stone Meadow 1st 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 Stone Meadow 1st Addition, subject to conditions(Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4659, A Resolution Approving the Final Plat of Stone Meadow 1st Addition, and move its approval. 14 iu ie lime Planner II is\commdev\cc\1997\cc0506\fpstmdw l.doc 3400 RESOLUTION NO. 4659 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR STONE MEADOW 1ST ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Stone Meadow 1st Addition on April 17, 1997, and has recommended its approval; WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1'11J CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Stone Meadow 1st Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 6. VIP connection fees must be paid prior to recording the final plat. 7. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. 8. The developer shall receive approval of the water plan by the fire department. 9. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 10. The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 EXHIBIT A The Southwest Quarter of the Southeast Quarter of Section 11, Township 115, Range 23 West, Scott County, Minnesota, Except that part of as shown as Parcel 49 on Minnesota Department of Transportation Right of Way Plat No. 70-15 as on file and of record in the Office of the County Recorder in and for said County. And The South Half of the Southwest Quarter, Section 11, Township 115, Range 23, except the portion thereof platted as Davies Addition and Davies 2nd Addition and except that part of the South Half of the Southwest Quarter of Section 11, Township 115 North, Range 23 West, shown as Parcel 43A on Minnesota Department of Transportation Right of Way Plat No. 70-16 as the same is on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. 13 , CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Stone Meadow 1st Addition DATE: April 17, 1997 Site Information Applicant: Residential Development, Inc. Location: West of Tahpah Park and north of the Hwy. 169 bypass Current Zoning: PUD Overlay Zone#11 Adjacent Zoning: North: Urban Residential/Multiple Family Residential (R-1B/R3) South: Shakopee Bypass East: Tahpah Park West: Shakopee Bypass Comp. Plan: 1995: Medium Density Residential Area: 39.244 Acres MUSA: The site is within the MUSA boundary. Introduction Residential Development, Inc. is requesting approval of the Final Plat for the first phase of Stone Meadow (Please see Exhibit A). The subject site is located west of Tahpah Park and north of the Highway 169 Bypass(Please see Exhibit B). Considerations The Preliminary Plat for Stone Meadow was approved by the City Council on March 18, 1997. The final plat, as submitted, is in substantial conformance with the approved Preliminary Plat. The Engineering Department has reviewed the submittal materials and has provided recommendations and comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. As the Final Plat illustrates, the applicant will be developing, as part of this phase, only that portion of the site that is located east of Polk Street. However, the applicant will be dedicating the entire right-of- way for the Vierling Drive extension with this phase of development. As discussed in previous reports, this development will not be dedicating or deeding any of its outlots to the City. These outlots will remain under the ownership and control of the Homeowners Association. The Building Official has commented that individual sewer/water services are required for each dwelling unit. Staff has spoken with the applicant regarding comments received from the Minnesota Department of Transportation. The applicant has informed staff that they have been provided with comments from MnDOT and have resolved any issues with MnDOT. The Landscape Plan has been reviewed by staff and meets the requirements of the City Code. The Landscape Plan shall be considered approved by the Community Development Director. The Fire Department has commented that the development is subject to review of a detailed water main and hydrant plan. A condition of approval requiring this review has been incorporated into the staff recommendation. The Minnesota Pollution Control Agency (MPCA) has commented that, in order to meet the noise levels for the area, the structures will need to be built with windows with an STC of 30 or greater and provide year round climate control. A condition of approval requiring this provision has been incorporated into the staff recommendation. The Final Plat will need to be revised to read "Stone Meadow 1st Addition" due to the project being completed in phases. The signature page also has some minor revisions that need to be made. Conditions of approval requiring these changes have been included in the staff recommendation. Minor modifications will be necessary before the Final Plat can be reviewed by the City Council. Staff has provided conditions of approval requiring certain issues be addressed prior to review of the Final Plat by the City Council. Alternatives 1. Recommend to the City Council approval of the Final Plat of Stone Meadow 1st Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Stone Meadow 1st Addition, subject to the following conditions: a) The following procedural actions must be completed prior to City Council review of the Final Plat: i) The Final Plat shall be revised to read "Stone Meadow 1st Addition". ii) The signature page for the Final Plat shall be revised to provide a signature line for the "City Clerk" rather than the"Manager". The signature page shall also include a signature block for the"County Treasurer". iii) The Final Plat shall be revised to identify the extension of"Presidential Lane" as such. iv) The Final Plat, specifically Sheet No. 4, shall be revised to identify "Vierling Drive". v) The applicant shall provide calculations which verify the amount of"open space", as designated with the approved PUD, provided with this first phase of development. vi) All existing easement areas must be shown on the plat drawings. vii) All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. v) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. vi) VIP connection fees must be paid prior to recording the final plat. vii) The Common Interest Community (CIC) declarations shall be filed with the Final Plat. viii) The developer shall receive approval of the water plan by the fire department. ix) A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. x) The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Stone Meadow 1st Addition, subject to conditions and move its approval. 4,, ie Klima Planner II i:\commdev\boaa-pc\I99Tapr l Ttpshndw l.doc I. t to ms`s ' �. e1 ate, EXHIBIT a'= 0, at ' 1 ` r I.=�ft, • __+ .As _ . /, . } . - .."--i-a .a---la t 'vt Wm* • ' • mill ,,.'�� om. •• ••t (ter' T= .'` . as Q . . 4. 1 • • m. imam • ,. ,: •, • 6311131 �'• . - Ns mo MI� :a•MI_ , . UM • - / : 1 - ; 1, loci = ..- ,,, .... VIM '.----1. . lant' '`: '. • _ m -ate s� il a i ^t ��•'\1t �, • f -I i . ' - .• j • ; ..�. V l� • )• I ■ s �. sail/ -. ' : Aft •'ii' int LP i ►v ►1E74444ri ';. . - - • SUBJECT SITE > RI• B - • l AG Cr!` S :w Derls::j Re5uenticl - - ur:cn Resicent:ci • •• - CIc S�"vCGc•3 Reside.nti � . =G `.lec:.. s: , Resider.,_. 1.'1:...:..ie _VTiiy Reside ..Ci :C' '+Cy c.aness i 0,7 4! Business a� • �^ - .,.erlr..I .;siness .% • 1 i .c•-•,t 'nC:.str cI • , 7777 %1C Recrect:cn — — i, •`-r • _ • - - _ - - -- -._ - .. _ - .. --.� ' f_ I1n�Uu� rl EI U�lJ ..Z w ,A .'.... 0.4 \ \\ 8 I- \ I — W W Q � OD \\ �- H 111141111 8 ill -J Soi'llill %\ 0 \ Q _ / \ � " \ . / \ \ $ / \ `-- \ I \ \$0 �' I I 1, t_. 4 I WO .. f o • ,�\ / • ,$ / IA 8 w'er'°t6rr, O\ (/) 'If Po C A �} �i \• Z ~ I M_ 6..I9 1 900° * \\� �9p.606 90-. OIS3M„jQ�r,N11'SI1 8 4 rl •\\ t \ h \ H _______IIIIII i —30,. 8 v0� g, tat.) \\ - \\ U' (1) • e N N "•' w Mu 81[� //`\ \\ .-. Fw- k t.--„, ' t... R• M w � L \\ \ IX G 0 r �` ,°°° a Id w 2- co CO Ci CI - _ f ' -__ 0II600a0 '' r:rti \\ lin e •-.�p6 Mct�neox / uc 9c tcl s d M,00.a•.t..8: lrr s t � a M.CL•9100N8 on 06 __ r% $ �' .r 1. ct • 1 d, ", 8 N�. S a,,r q,c IwI 1t h t7 ICI, �' %i1rr a Z :-- :i•-. ••• V' 8 E `5 R • ZIr S 1-- r•[[vwoN t' ••o: 1_oo.°arox rotc 1'Jy, r'I.I A' 4 1• VIZ M_vc.ttaoN --' f.: Let o --� 1„..0,/ �,/ : .- ,.. :I R,T---15517C-8^ 00901 3-1[OLZUNs a ' 91 h Oe 8r $°'p���. / o '10e p d I M 5 r 43-,V,6,4,4 P ... ..• Q 4 S °0 l oozs r�'6S7RI % o °0 oo11-ir.vl,t oo rs 4:1.'1 ,C t\t,`, r / ._. - z 11'Odw p 0yx-� uv O t ") M� / / 8 h_ M1.1 roir r i a. a - E 11w 8 e.cr.:�. p r / $ 90 $ r 8 M N g i\I / / ... = $q$ f xi;8 N " R '.--../ --- yyam;;-.: n 01µ6x•�dt[\N ._1 S_ ^ ssOd � `-7 r.l rr i$'In 0*60011.rr.Ir.011/_./ `..--- 00 \ _J •^ 11j ^ / -- I . n 8 -'-.-,------"1"..-_____:: y 8 .i"...,.) ys j6 6 yJ -,S to N 8A t' M 8 .W �� I 00'06 .• 9 \ f / I tt °°oe "n.4 c::, „8 `p / 8 8 .�°a_�..•_ . _. I 'o nY'�oo oe M.c�t�,.1°N C °o It%rr f HS-i'�"n �.•;• r 1r-`I.as 90"CI 11'611-1../9.CC.90-9 •^•. N O I V \ 1° - v 1 3 321 11 .dam,„ ., I O $ I C_io .,,..o Jai —TC.or.u°:v----1�,.— d .. ,. .. I \ I I cl III )-i Or t0H- /.�°0 6r ,----, \ , , F I_ , w •,„ Li li.. •z• 9, .p,,,..t's t. . 8 o 14! u. .6Z.,,,, ,,•e'„, .•-•", 01 ,,,it .-,,,.\ ft. %0'. \., „ 6V , ..— r, ... ....t., ,.....c IP 1,5:1t-lg1‘>G.I1 .F2'.'F'0•.cI3- \n' ;::4.11' 8 ''''I.. ...„ .0, ,;I,\ 24\ ,4 Ld < ---- r• 1,4 -••'-',-ri”. d..\ --;•I,..... b.'. ...' S.°.ti'' %.,•••• ..,, c3 00 0. - ,.3 ' 3.43.° ',IA. /•it.:' 2 (f) yi 2.• 1 ,s,P,6,0 I \ z , 7,-°0600 ''' " s.•:'t..-4 :420 '14 0) 1!'„81.......%:._ . \oo • g —.1 '.:2- g L•1 ?"?'.-..:3,,,Z "'1 0" \-. ,:. Z ,00 1,\,,..\ so '`..1 '? .1,01''' , / - • •oe'‘": a 0'TA. ?-• ,V- % 0...,,,..ta / I , ,,0 2. T. c.,•-• % ,--9` --- 2-`• S ..I. 6 • re' / ,/ 1 • - O '40.1..-1 _ 9,al. ,,,.....\ 1.• ' Z•"'- -9.- % 93 .• 90 \ " NMI / l. -•-•---- CI li 1 ;S. .32.° ,32'66°° VI\ °- 1‘ 323‘e 0 --- , 00‘° • • C C , .3° , ---',- ey. 1--—ti,• TY- '..1 .,-- ..... . L 114( .C111, .*. .- 0)".10 \ ' ti.j...1-- % ,3 ". 62°° ' • % \ . 11111° t.• t3 ''..; i•T.V. 2' eck„ '''„.' 3:66 n. ,.,, \ c:--> • , %.4 f•-•1. 1 0. 31.700-066— to.. \ _----t-- — `-. 0 1": .2 s.,2.55 ,,9 23 I• i., -.„.. ':.•• i C -. ..a . ri.... • ",.- , .-\ 0 00 90/ ..,,13.\ Ci• .f. , ...". (/ , V. --" c„.,SWI'00 47 2,, 4.5.-. . 0. 0 1, 0 Z „.6% .,„..: '°I k " „ --, b ..1 z \ t t- '1 .2 0 , 1,-?:-%,\ • .0 •• s2 :::...,:e a li.. II 0 \ \ \\'\\:: :• 54'▪ 11/ ti' n'Pl:::':::::.'P;:icicl'1:1:17/1-5.'I: \(.:(4\,:20 0:2 I. .0:-'-20 , 1 Wi. —'- VI $ 4 :,,,1::0,\.,. Cill \ \ :,... 0 'I.?,,. et- 0 -41°A 4\, !4 %;. 6' 2','• \ 7,\1\ "A Ma Z . •! rig" 4'1`. rovz..'--- "r OcT \ "°0 '- f .....4;7:5, ..4,:::: 51:09 s:.01:,:::::::, 0:‘,,,:17..-,,,::\,., : \'‘: \ Ili i ir; A- :00' \ 1 - / mitt • .2- . gi 1 g ,•,111B;,,44:? \ I z° „- 1.1.4„zo sr, 4:-.4`1..,\ i L ott's 11 1 8 k 011 , ... IP a,.4 '1',::Ai : 00 — " • . a. , , .0 . no• .. 4 0° .• \ T- ii• 1 •t4i00\ :- •.,._. Iwo. (,, slig' _..' .4 4 4 0 \ 1 ,e• eb °004.4, v fs. ! e•S,. ...8 e*p,:t*,..p, ....„ ''' ______,-.tit,. Q o.sop'•4• . la k \ \ / • I .. •• .,ilitt;°4 \ ....;s:o • " 34 ., , • ‘,„ .„---- 48_ct , 8 0:".8 ---„ _ z• i'd)/-0,,F___ %,,,,;.' ; '- '...8 .: 8 ,,c, ; co. •I --. 47 Is '• ''' ";!74' ..,' ( Ik• _00 . -., ,T / ''.00. '...• to S.-,/ k's , . sf 0 4,t.,,, U.) 0. 4 0,c4 1, "40,, 0,-0.7. so,. .:,0. : &e,.T. I — Iras.7.0 ,,, , , 1 WI 0 Ne,oo.01, \ I. it E. \ , _ ...., .ft. / ..,,, / 1 v;--, , )- .1. i-v - \ / ti. _ I V- / " . ..c i- i1 / - / / l ,9.•90. 5 WG1 e‘ 0 ,..!7 1,''' C) ;Ig 0 3° .., 3° ,,• 'Ll ,f/ ..v. .4' / $ ..,,. 0.....-9 A.w.cQ0. / / . .., z , , ._ . 11111 ' -Li i o -gill 1 4 $ V) I I 1 1 i 1 -IS/3311S 1, JO Z 1S3 -C------..... ....-. Y 3N11 N31111 '", I / --- .... ,... I I /"-- \ \ I \ \ / 7/ \ \ \ ,/ i \ 1 o..0.as.1- -rj It\ 1 \1 1 0 .,!._•,0" L 4,,,„,„,____ W 1 4 1 1 >410d i L.I . D rill cn 1- 81 4 < z aft IX D _ _ _ • 0 ..., .\ . , „ 0 0 Z 2 3.s.. , ..„ . . \ . \ .. 0 v) 11.11 a S 1 t I I CO .... 1 ;w \ \ \ \ Z 1.11 ,--, ;.-- ? \ ... I>- 1 cE \ \4, \ IA LU 03 0 Vila t. iI Q k s) • / •'- I^ .-4 1... ..,;,.1 I ..,/8-y // ,,,, • 1;: 0 ::: I I:I t-- .., I :.- 0 .7 n;i i i <17 j / (f / i.4. / ," i ki Tir'k / i M w ::. :11 1 I Y , 0 / ,',,N:7 2 I I I \ / <7 / , A / ii ,• / 11111 \ z - / / Z • ' ,.,)!../..- / 4,, ..,. ,..,..,.... t/ p rei , - , 1., A 1 45 / 11°) / ..... ./7 #4,,,,,M1 5( / / / 1 .1.`.... 4, 1 . . i P 51 • 03 1,1 , / 5-.. / 0 / 0 / / / . / .. /.. I ._J OMSK ON DOD UV tIC 30,1 S0330 VII 0008 Old -- /Oi 111.005V3 NOISSIOSNYM1 _ :----.-----——---/-- I 31013313 .02 ONI1S10<-7-7,_:-..... / i \ '`• / \ ---t , 3 N 60091 M.14,L0.1011 /S. D. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation(AG)to Medium Density Residential (R2) and Highway Business (BI) DATE: May 6, 1997 INTRODUCTION BDM,LLC is requesting that the City amend the Official Zoning Map to rezone a sixteen(16)acre parcel from Agricultural Preservation(AG)to Highway Business(B-1)and Medium Density Residential(R2). The applicant is requesting that eight(8)acres be rezoned to Highway Business (B-1)and that eight(8)acres be rezoned to Medium Density Residential(R2). The property is located at the northwest comer of Vierling Drive and Marschall Road(County Road 17). A copy of the April 17, 1997,Planning Commission staff report is attached for reference. DISCUSSION The 1995 Comprehensive Plan designates the subject site for medium density residential and commercial development. Thus,the requested rezoning is consistent with the Comprehensive Plan. The subject property is located within the Metropolitan Urban Services Area(MUSA)boundary. ALTERNATIVES I. Amend the Zoning Map to rezone the subject property from Agricultural Preservation(AG) to 8 acres of Highway Business(B-1)and 8 acres of Medium Density Residential(R2). 2. Amend the Zoning Map to rezone the subject property from Agricultural Preservation(AG) to revised acreages of Highway Business(B1)and Medium Density Residential(R2). 3. Do not amend the Zoning Map. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 483, and move its approval. 4itui e Klima Planner II \commdev\cc\1997\cc0506\rezb1r2.doc ORDINANCE NO. 483, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED AT THE NORTHWEST CORNER OF VIERLING DRIVE AND COUNTY ROAD 17 FROM AGRICULTURAL PRESERVATION (AG) TO HIGHWAY BUSINESS (B1) ZONE AND MEDIUM DENSITY RESIDENTIAL (R2)ZONE. WHEREAS, the owners of the land described as: Out/ot C, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, submitted an application requesting rezoning from Agricultural Preservation (AG) to Highway Business (B-1) and Medium Density Residential (R2); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on April 17, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Highway Business (B1) and Medium Density Residential (R2) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section I - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as: On/lot C, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, from Agricultural Preservation (AG) to Highway Business (B-1) and Medium Density Residential (R2) as illustrated on Exhibit A. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 ' . , . -- ,- - , -,,,,, , ' ',",“4: 31t,'Uk•QN. .&\',Akqa4:4 -414gAlaffga: ''f,, ..,... ks..\ 0•S,1 '',t . - ••4.,.,i M NIW kxq — — • — — • — — • 1 e?,•',A I I kf. r4 I • I I • % • . I I W LA . I . v.kt I f g in .,N I ilipti I 6 tNMaVkN . .1 .. k' -Z f°:.,(4 M 33 :,'.. ) (1,0 I 6 ' . I ,.:,. • / I I W kif / • R r71 . / . . / I . .. / JD 'A ,,,.... 0 F; 0 ,, , ' ,.:W M 0 ..o 2 h NI in : • . . . t?. NJ i4' TiO r_3•,: A /. I . . •. 0 I di7i nio , .. • I I . .• L_____ :' I . I• 0 N • , , -, /, ,„ I . cr / • ::•!:i..‘4 * •:.,... i / 41--- , , ,s, ....., .,, t:il 0 / . ,:\\.>-:.:'''''•''.',' :.:•k'!1 / I m, c2 h • N N / // / / . . / • / . 04 .70/ k.g I tig . I my. 0 ro 0.ii t I 'V 71 0 6 1 wA k‘, • a ? I ••', :\!..,., .., k,,,, • N -----, , /to \N Z HI 1 I II: . . . • ,,,„:: 8 ,..„, • i . „ I / . ! 1'14. 0 ,, tr-- a'. • \\ u I i s. . . . . --- -. '. • 0 g I • ,s:• • .. P‘ Fri SN . ,.•.,, I .\.. li I ,---- — -----— --- — - --- — - \\ N, -- ,,.'•,„ \ W Z \, \ . ,.._ 1 ,e-N, ..,\ i,..... N.•'•• mARSC-4ALL ROAC A:, ,-;, .':Z',• AU1 ik • 1: t21 i NrY 9 X .,.. ..,.. .7 I . 1 ... .5:,'..•'.,..,',1 ... '','' 4 • 0 ',il'W ti 0..1 )-3 .1.' k,:ii 6 g > . '..- , C .:' b ,' • kVeAtikgt4Itftikiititt4titUttagiajt, t&tti&aIMPNZ"W44g".Z°.1 ‘"''S' ‘‘' '''''''"'''''‘.: CONSIDERATIONS 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C, D, and E provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG),Medium Density Residential(R2), and Highway Business(B1)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Medium Density Residential" and "Commercial". The rezoning of the site to "Medium Density Residential" and "Highway Business", as requested by the applicant, will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Medium Density Residential (R2) Zone is to provide an area which will allow 5 to 11 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. 4. The purpose of the Highway Business (Bl) Zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have occurred. The construction of a highway interchange at Highway 169 and County Road 17 has led to commercial development along this corridor, as well as a need for transitional housing types. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for medium density residential and commercial use. Therefore,this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Medium Density Residential (R2) and Highway Business (B 1) from Agricultural Preservation (AG). 2. Recommend to the City Council the denial of the request to rezone property to Medium Density Residential (R2)and Highway Business(B1)from Agricultural Preservation(AG). 3. Continue the public hearing and request additional information from the applicant or staff STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Medium Density Residential (R2)and Highway Business(B 1). / t l alt Arlie Klima Planner II i:\commdev\boaa-pc\l 99Tapr 17\rcr2b 1.doc = , 1 . m _ . .. g I1!■�'� ■•�1!III1Ia. 4e T--i �,.. •', MIME Mil s aids �� �... , 4.,,,k4.,. � EXHIBIT A �• o..�7.•Ili nil u�, as sEw �-®: ,lin ilL. livirl matt ����� - ��, : r Rs . -, ' es='new r ., _• . Emir. ran'anti , . ittlh- Vi .• �,�' NOV ia tea.EN • mum 1.1111112. �:MI 1 MN-4 1111131111r5 6, �, . a�a iJi ' NMI NMI 111111' � riq Ur, MEW:ai lf-;' y t ate, t' 1: 11 iE 11,1411)* • C • a� VE ; !alt: . •. ,: : ': I•t J v' IMZEIll i J":soar �ii . .- .i. . t. a��3�1 ��' emir inteiStIrliii A, '4,,vit. tiro 07,110. ,,,,iimr,„--F'. ENT *jam - . , . pio lip-- - Iliallillifilbff411:0' St% .- ..ir't.xiivati111$4,tt$bo' - ����dQ �'� PirF ia• 1 R 3 i ii lr w �� a 'or re,EU •SANS7, > rannwm 011111311C1W U!70 a11t5 ass 14 $�Cz $ ;,,L.:2.. 2.. 431 iffr.cr4 - • 1113 0110%0, 11, 4a R ��►�S o4o�i! it 1 Iia �� �E.. IPA w +�� 0ira ;�►�A`_ B I :I�::;I,i:I;::i�::a::::::Ii::1::Ii 11�,: t -- - - - • gm . • LEGEND Ow .^C 7nr�cS IPPIPIPPIPP.- mutt. A G ii, i r_er.c.. t ,,e ,,c, . es ,-ert'ri - �.v 2e es t. �S:.y R cericl "1-' S.c<c:e_ =es�denticl - :1'2 ' Meci,;-, De-.say Residentic -_ M;:;t;.,'e Fcmily Resident'c! • --cr.vc; .•Jsiress ,c_ -3.,s r,ess ::3 Ce _ :�siress iliFic-t 'rc.:strici 2 =ec•4y ireustricl = . _,cr cecrect`on Zo-es ,.c ,lcn . st 'ct EXHIBIT C § u.22 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). • Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; • I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research • pope mond n1994 1111 11.22 regarding the development or research of soil conditioners, fertilizers, or other • chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor, K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or • R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; pep revised in 1998 1112 § 11.23 • I. receive only satellite dish antennas and other antenna devices; or • J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: •• A. Maximum density: one dwelling per 40 acres. B. Lot specifications: •• Minimum lot width: 1000 feet Minimum lot depth: 1000 feet Minimum front yard setback 100 feet Minimum side yard setback 20 feet Minimum rear yard setback 40 feet C. Maximum height 35 feet Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of • their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.23. Reserved. • pop revised n 1996 1113 § 11.32 • SEC. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). EXHIBIT D • Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2.5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses: A. residential structures containing two to four dwelling units; B. existing single family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit • A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; H. bed and breakfast inns; I. utility service structures; J. day care facilities serving from 13 through 16 persons; K. residential facilities serving from 7 through 16 persons; L. relocated structures; • pep rennin n 1996 1151 § 11.32 M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or • 0. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the medium density residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or 1. other accessory uses, as determined by the Zoning Administrator. • Subd. 5. Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of five and a maximum of 11 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (two-family dwelling): 70 feet; (multiple-family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet pps revised u+1996 • 1152 § 11.33 • D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Recruirements. • A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC.11.33. Reserved. • • • pops svvissd In 1996 1153 § 11.36 • SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). EXHIBIT E Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; • E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: • A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, 4/0 pop nomad IR 1996 1171 § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; • L car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; 0. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall • be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): two acres (existing lots): 8,000 square feet maximum floor area ratio: .50 p.p wised n 1996 IP 1172 • § 11.37 B. Maximum impervious surface percentage: 75% I • C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback 30 feet minimum side yard setback: 20 feet minimum rear yard setback 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. • • pogo ruv,a.d in 1996 1173 • i f • der Properties, Inc. EXHIBIT F t Street at Walker 4' Minnesota 55391 t h 1997 t � '3y�M'�[L' 24, P Ms. Julie Klima {' Planner 1 City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 RE: REZONING REQUEST NW CORNER OF MARSCHALL ROAD AND VIERLING DRIVE Dear Ms. Klima: I have enclosed the following information to support our request for the rezoning of the subject property: 1. Completed Zoning Amendment Application along with a check for $500 representing the required fee. 2. This cover letter which addresses below our rezoning request and describes why we believe that the change is in compliance with the Comprehensive Plan, and addresses the four criteria for amendments to the Zoning Ordinance (City Code Section 11.83). 3. A list, prepared by Scott County Abstract, which lists the names and addresses of property owners within 2,640 feet of the property. 4. A complete legal description of the site, and evidence of site control. 5. It is my understanding that you will attach the appropriate zoning maps. Our proposal for the subject property is to develop the sixteen acres at this location incorporating a mixture of business uses and medium density residential housing. The property is presently zoned as Agricultural Land. However, the City Wide Land Use Plan designates this sixteen acres as eight acres for medium density residential use and eight acres for highway business use. Our proposal is consistent with this Land Use Plan. Surrounding land uses comprise residential single family to the North, high density residential to the Northeast, Commercial to the East and South, and single family residential to the West. Additionally, there is a roughly 100 foot buffer of open space which is adjacent to the North property boundary of the parcel. The division of the 16 acre parcel between the business and medium density uses provides for a buffer of medium density housing between the single family homes to the North and West and the business uses. We are proposing to separate the property according to the attached plan which divides the property East to West along the North, and North to South at the West end. This is to provide the buffer between the single family and business use. Potential business uses which have been identified for the site include a convenience store and fuel facility, bank, and day care center. Fast food or restaurant pads, an auto mall and other automotive services have been considered as other potential uses. It is our understanding that several of these uses may have to be presented to the City for Conditional Use approval. The residential property will be developed with four unit buildings at a density not exceeding 11 units to the acre. There is the potential that we will seek a conditional use approval to develop all or a portion of the property with six unit buildings. It is our understanding that the alignment of access points to this property will have to be adjusted to match the developments plans of the property to the South. We want to be on record that we are not proposing to extend Pioneer Lane through this property. This preliminary decision is based on conversations we had earlier with City staff regarding the controversial nature of this extension, and the impact it would have on traffic through the neighborhood to the North. If it is the decision of the City that this road should be extended, we can accommodate this extension. With regards to City Code Section 11.83 which covers the criteria for granting a zoning ordinance amendment, we feel that our proposal addresses items 3, and 4 as follows: 3. That significant changes in City-wide or neighborhood development patterns have occurred - With the construction and opening of Highway 169; the improvement to Marschall Road and the construction of Vierling Drive; the business use designation of property to the South, Southeast, and East; and the planned commercial and business uses South of 169, an argument can be presented that significant changes in the neighborhood development patterns have occurred as a result of these improvements. 4. That the comprehensive plan requires a different provision - The property is presently zoned as agricultural. The City Wide Land Use Plan/Shakopee Comprehensive Plan, City of Shakopee, Minnesota, 1995 has the subject property designated as medium density residential and commercial uses. For business use, the purpose of this zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. The medium density designation is to provide for a transitional zone between single family residential areas and other land uses. We feel the designation in both cases meet the intent of these zones. If there are any questions as you review this information, please feel free to contact either myself, or Wallace Johnson. Sincerely, BDM LLC George Daniels c - Jerome Vierling ,—, )- v) c 0 o c — c a3.... T < g3&) z z 1 , : . o 8 n m o..-rn 21 in a. o c 0 a> 6 t, 6' 0 Z 1•1- "' (D -6 .. , . . 7, 17, • o = 0-a 3 1 ''C O'' O 1,, a m Lao 0 0..c s-- _c 0 v.) x z„. x , (n ,_ -a o_ -L... '-' r • 2 :' ".§: g --3 = a = = a5 1-6-. E 6 a 0 -., _c_ 0 :6 c LA•1 x D I-- u o (1/ g 'O' -C -..o t ; § 6 •-s- (.4 z ,.,. cc E c) ›- n ,.... o P 0 N...., I < i-- 1 1 1 I I I I 1 I I 9 I , .. (k) _, , .. • • _4. .5',• .-,,a -,..,s::::•,•.,„. ,i, •‘.',„•• '. ,,-.- • ' • , -,•-•,...,•••,,,,,,, • . zi. •••zs ,•\ •,-,,,•..-,-.,-...,,,-., : -::.: , . ,\ , ,,,,,.,„,v.,_, ,,, -,..-2,,,,..„,..-:.:: ,. ,.•:.--, _ ,,/.... 2 ..,...{,y,-..,. •.;:,,,L,L,,,L , ...i,, .$ ..-.....:',.s. L, .,.:. .,,, :. • . , „L , ),*: .. LNL•Lv...,:. \:„.„,,-, ,....: ,,,,-,,,,-;,,,,-. ' - • , 7.„.,..,,,s$,,,, ,..•,k, '14 ' ) '.,\•-,'•\,::. s.'.,,', '-‘ • ' - . / 1 • 1., Y\\'‘,:k \..... ‘:, ' ( t co*4 \ ,...,s ,.\\..•,,.. .,:,'-, :'.,,‘. -,.' ". / / '-'s,..•!.,. -\.:,,,,4. %• '';',. . .-. ,,-... ..-,.... . ,,,, .:. .. _ 'ss.,,, ,i,, ',..,,,,,i•op‘,.:•,.,...,-.,,.:.. . /... fr.4 ,.- ' .- :`.' '.' •:‘0'' . : .1.' \ '‘\:-\\..-'''''''.; 1 II%''''''' .•, ‘ \ .V ,,A,,A :,•.' .., .,..,,,,,,.- • •.,...,. , e 1 . 0 • at N.y., .:.,:: 0,: , °-, 0 , • ,,,tt.Iv.;,:,, '\• ) ,,.. . st. j 7 , ,. , 1 . !i ".--.''. . \-:';', ',' 0 \ \'.W .''''... .:;;''';`•'-'; ‘,:•••'',`, . ,.,- 4., . . „.t. .„k. .•,, , ...., ,,,, ,,...,,,,:: •• . ...,... 1 ' '•-: ''‘; A .• ,,l'' :.\.' • , -,.7; i4-410. ,'.: [2 IS j•\" , •' 2 •L,i''"'k 6P:,,si:,;-. ,_:.\'''3.,„‘s', ?w . ,.%z,iiiiiiiir *.,,,):•,-• ,k7,,...-,..--,:-.5.,.-. . , ,..,..s.' .. '.,') /11 ,!.,,...,,„.%;,,,,,,,,,,.::•',"..,-.•,:-",,' .,' ',1',.;,‘:*„..,,,,.-,:,,?:t....,p PI 71'1 ,,,,,,,,,,,..,.s,L .,..s \\„c:...• '''''',\L\'''''is,•: :,•:: \,, iliv,-.. ,-, , ,.:L:::::tiK,,,:, it_ ....',,z,, E3'.: '-''' Ps I r_fn t)3,`,.,7 ,.:‘ : ,, •‘'......',` ‘,..:' ?N4_------',Kz,\_' 1 --'4,4'',' 1 ls 1 iromil ' kt'L‘,L,;. -z...-LL,...'___-____L— L,,,:\ •.L,„L. . ."'il, . .,. \L.- • •:,L,,: •L ,,•.,,i':i;,-. ;‘,,,L;,...,x,,.,;,...-,..:'`•;,4 -,••••,11111. L7/111•VONk, z•-•‘ ', %'.. i,PA';‘ .,, .Wi::-- •;i".<.:,4.f,..\;, ti'•:\- ,L' A'N;.'4 ''.•"'IrPi• ''''' 'qtt'•'7.1,*1 ;:',7-',.1'.':"2.,:.•, •-:, k,.4:‘,wz'.ri Pr:r 9 1,,„„. ,,ii-,,,,4,,„..„ . •v‘,. . \ ::- .:.;. :.‘-‘... ,•_,,..:.,:, '2 -t.,„,t„-:,,,,,‘ 1..,i ..0.,,-- - • .,,,:-.,-- •• .,,':„. ,_.-. .„, law , :::••,-,**,..••,,••.. ...:•., . . :••••. ,,, . -,-••,.,. ... ,:••,-.•• - \\,-., • a.'..)-. .,,,,,,.,.,1,-.N., ',%.. . „,,„,.„.. .1-ti',$,,,'::\:\'' .: '.:" \''''', '''' '---.....• -! :\ ', ' -' ' —..1,':":`5`,;,,' -,' .V:S.ji;.'. ' EMI , Ilk V'' 11,464V,,,Nti.', . ''',l• ' , ‘• sc.• ' . • ' -`,,'•:‘',S,',„y,:',,A, .7.,,,,,,t,''i.,2,1 „.. ,..,,,,,„,..., ' ..,,, -,s.--:'-.'' '. .1',',4>,; :-,- .\-iy ' '1 - alit *AIN • *f4''' ''. ,4 ...:. ,..,...;•:: ..„,,,‘.,,,., i .,,,,... ,i.., ...,...,:.• '' ' ,'... J. .. ii ,„ ., , :::,,i 4, •,,.. ::....,,, 1 ,-,%:z.;.-•.•:., . • : '•;,.....•..iZfl!k-',.,ma .' ,.k. IiI.1...\t,,,,,„,,,,z,„;-'?•P, i • L-•• 1 i in. • iliiia, . li[1] r---1 FA ,, • ' vs .: . . •. t::'114-H•is•\.:-..,t' lliummligre'L' I I rairlri4auj L11 1:10....HiA 7,..g.tir ::,...i,.ci .:.:.,.::::.. r.. ,...: ,•:.-2,4. 41.'" ' ri-..,'Ii --rm-ON,. 1 1 izaaDism, .. •••,;...<7.N.,. \,,,.\\ 10,...5,..-A 2, ,,,,__L..', ..;,,s-4=---•,'.'.., :9 t.) t..: L8 . I L, .. ; U11111—' '. .3„ sr, 1 i t '. ,:',: ;;,,X,'',::"'. \,\4,:',.Seta .su:'•11Sial 55--427 'N''' N' ';. :'i:',.;', ';i'.....,..'•-",1:..Via 11111111U-Iri-11-041R3 in ili. , it I: i ,:: . ',..1,',.,•,:is. ',.,,'..., ..... ....1,. •--,„•,,,,,,,,u1,--___,rnk____i ;i r' .•.•\,.: ''''.'. .1. ...''. 11 7 •••• .11r _,- - •-•. -- ..\,,,1,, if A 7II [.' '''...'•'.'•'•...‘ '-' . , :1‘.i.:.'• :••'...‘...'..;‘, •... . -,--4.•:, , 'l'''l':'.';`'.-:...' '','‘•?,) i's.'''.': '‘ ',:''''.;. .,‘.',;g1111: - ''''. •. N. .I .\,- N*'g f,...!..:_•:; . : .iv N ::..:. • • •:•',•'.,...', •;:' wrrt v - . :',,,,,:,‘‘\..., \\'':;:\:,-'',.1 , ,,. ,. .:,, , ,\.,,,,, r,,,,, _ „s,,,,., ,..,,.. ,....-, • ;:,,,,,,..„,,,,....,,;:,s:ss,,„.'...,,,,,,,,k s,:,...).,1,......:•:,..\ ___-_---, ;‘.`i ,,', -.:•,',•,•&••••1'4`\ 1,Z= 7 i,1 ')'‘i' '•`•''',•: • *, \':' ,.:,:,••:'," \\‘'...-', .‘li. ''-'''•''',' '''."'''''.-„i]ii, L''•••••".'' ' ' '''•'''•':.'.:0115 7.-,',...:\7.7..1 qr.IFT3-x2"11_____IP.,, ''''\\\.• ''':\;,\,,,'I'• , '''''''' \S'.‘'‘.'A t 'L, '.. L.1......• ‘-,.....-.. iruswrInil 7) cl'':: . \''.:'‘,'. s- z , i .., '7..:-:7 '..i - .-..1--,...1[77/ „It,x. ... s '••.- ' ... --'',, ..„...:...•-....,..,...........,...!I__„„„,,„lir(4.16,,,,, ,,, , .,,„. ,.. ..--1 narmyn-3 41y:cqvN\k, 1 • . , , ra-1 i -,.?1,,-.•,,,,..4,6,., ranwin I 4-1WiZ.i.t•'; ‘.`„" ,•,„ 1• : ,;:., 1 •,11___,_,„ „ „. ,• '. • '' ' ; '‘\ ‘ 1 •,, , • L 11\-1.-VS21\ LUX \\ • \ :• • • mmil adnr • , , 11) ni \\S; . it 0,y o 0 • LLOCCI • Z • (w) •,\‘ 3 • ‘• • 41-• / \\.\. 1 . ii m 0S . • • a , rot,• n -gm ni• 0)01 NI U • Lil , 0 N ) ( • " 111 7 I 4 n f 4 \\ f17-- I y. n ul ). a' • • • • • • . . . . SSS • SS , s\•• \\‘: -\\„. :••\ "\\ ' • • • ••• ‘,.‘ • -•, :.••• ' , • • , :':'.'S\:''' ,. '<\,,..‘‘‘‘'...V1'*''''''','..--.'s,•''',1‘..''•:,.\\N‘S.,''.''' ''.'7 ••.".:•.7r ,,„:''',- W, ' • • 'k .„,„ i4.' i\'::::::'''',\::,:','‘:1,','''''::,:': ! 4 E-1 :','•,' • ,. *-1 . .r. 1:C1 •-• • ::: • .-\ .?.,N . 41 0 :1 ..nvoN -rivf-vea \-;"4 en ‘. .. : :. 'Li , ... ,• — _ ____ _._________.. - ____. ______, I .. ''. ......J CC . . ,,N •.\:, n n n N'..•:: . . ! I N• ::, ; i x,N ; ,:•.' ---- ' ;---- ; •',.1,."'',': ----r ...,- ,.. . ..:. • •::.s , •,s.'s•' i , . 1 . I --....4„, I I I / . tin 1 -.., • i ,!,;•:':, :,:. ciccu.u...-- , . •,.‘, . I tri„ i „ : I 0 in ,.,. . . ... ) In • •,:::,:: ;;\:;; ,. 1 • • I I 0, i ..0 , ,• •., :•,,,,2-, . i . , . ..,... ' — ' . . . • ' . / .,. ..,., ...,..........„.. .,_.......... .,,,,, s.,1,.." . _.. • /,,,,,, • ,,,N,,,,,,,,•\,s,‘,., . • ...' /• . N ,••• .\.' II // , 0 • . ...---., .• , .., . , ,. . , ' I ,. .. ,•,./ ,‘„,; • „.., • / ... . .. \ \ ci,' / s,•,,, / - / . ... :,"•.', z I . • .1. ,,,-,,•..,:, ,.,': _. . / 4 • 4.___,. .,. '.' .• 0 ., ------ , ,• • ------1 ;1 I ? • . ,. . I • - A - • e'°)) - I / , Ill' Li uo!, '12 ,,•:•.- , , n .. .. .. , 0: . .,,, up .•• ,,. • \ ,• ' • U . ,. .. :. .. ,..: .,\ .... / N / • /• i . .., • I • • I , V. . filo ,:',,,-,,, \• , ,,,,,, .,\ , . 2 . .‘ • ' • :',\:"1::' • I. xti 6"11 d! ..,...„. .. •,..,.:1'.:','\''''''' Gam ' '''''' Li tli(1 :,-... , •,'' 1 • •s'.\, I I •.• . \', . I I . ,.. N-, . _ • .., ‘, •, •-„, •: , . . L . . . • — —I I , . .„ . ., ,.:•: , . . .•:•..: .':'•.; . :.,. ,.. .. ...; ;, \,,-„,.•,i., 4..'s,N. ... ':-..,-.. .. • .1.:r•,,,,,,,,;•:..-::x\;N:\.......,:z,,T.,,,,,.;..-.‘,-•:,•;•,.••;i,;•:-.•,,, ,k•:•,,:',•'..",:,:;,,,,N;;:w.r,.. .,,,,s.::,.„::::,,,,,,,,,,,s.,,,,,,,,.., :. , ,,,-,,-.,„.....,,,,;,,,,,,,,,,,,,, ,,,..-:. ,,,\;;•;,,,,;,',,•,,,\•.,•..„,,,,.. ...•?..;,,„ws.,,,,,,,..,..\\:,,‘„• •..,...., ••,',•,;:\,....-...,'•,...'•.,:‘,.:‘,-,-••••,.. :t.,. ,:•:., .,,,. • N ,...it ..': \\\ , Allibb.., it? ieD . '.." t%','N • ,, ,, rils: "‘,.:::;.;. '''''''i.; '... It 04k, S. l'e ..‘ .*Of:%ti'W.1''\•''.• ''''''''''''' Ntbk .44' '. 111;titi.'S.,, P4 1,',.;:.,. ...'"• . '''' s . ,. ' •," -''.'' II V40"' ,7,..,. •,,, :li;74,1%,' I Lwc,,,,I ..,,,,,,..‘i,.„.,, -.,z ,,,,— ,-•:.,21 .., ci, N. / ;cs,..:,:,,,, ,.. ‘r•S'\%.,' A ' I: , I L \'•::', - : .. \ ,.,- .v, ''s.NA.e..iii 0,I --q- ;••• • •.nk..•A \--,..., ,. '\,,., \ e,, ,.r...:„, \\„: 1,.r / iL„,„,„,, 1'.. 1,•.':. ... ... ,••,: . .- -:. ., N. t:•&\.,,, ,k-,- -.,,.. :‘, . —......,,. ....;.::.:........, .i -.,ki-, :,',, - • "%v,,\s -,,I ( II Am,. it :.,--:1 ,• ,4'•••• •-•. ',':, ;''''' '''' ` ' .•' . w',..-R•r..:,q„,,,,,`,:-. .,,,, -„,t-\•*-$. 1 ,,,,,„,, 1AI'i....:",.(::::-',.. '•'-' •-.--* •.:....-,•,•,:',-, •••.•' , • \ ,\W ''J•I I I , '.. .'• '' 'l'' ‘''''''''::‘.. :,:'''‘''•• •-• •\''''•* ' • .11 'I' ',,,,Y, ., '..''‘,•',,'. :.:::''' '' i •,•: ' T'' •::. : '''r'. • ''' ''''''.'•''.• •'. ' ..i •;',:,, \,'&, ''::.1%,.''':•4 . ' - • , ' , N ' 1 11 I?;'',' ' .;' '' .. • .• ' r'' ' :•':'''' .. •X 4 . • ..• .- , . . , • ._ .. . 1 4 • •-, ! , I x - . . . _ . . .. ..,. .. WP4-ril''''' ''''' •' '''' ' '-'• ' ' .' rT123v , ,,..,%'••'\. '. , , :- .• ..• ‘-,•:‘ ,''• rfl•,': . ...'-::`. . : . ' ,',..,.-‘:::.. . . 1 I.. lz MOM lit.In3a09315),Iiki' ,,. .:,' „'',: `•,L. N.,.'..'i . .7 A 1 . u.-1 rti5ntil!I'll '• ''' '..••.'-,,.•‘,.,,-.,:,-, ,:••-. 1 _ • .1, •i • . .1 . 4.•• . 1 11.1 •.• ,.. .•.•.•,.. kS, H FR E;2\3313liefla ' -2 ,.4.'ti' ''' '.:':'''::' • ''1/1'''' '.1 , :7:••::. :'t.:., \•;•:::.,,..;x:,;.,: .:,,,,,,:\.\\,, , , ,. FHZ::mtiluinsi , ' ':' :'1 .;i. '.•:, ., . , Eia urs.rc-ficolliiii a-— .:1111.1.-',..-,'. -. • • -.•:,.. P Lasse_Sw%istS3';j::',,, . 1, :: !........... rlalwt..tiroys,,is _ , .„,.• 4..,..,...,,,,, :...:,,..,,,. .,, y ,. F 4, .. ,. ...„... ...._.„..„67,7-A_ :....in in :_na.v3:,,, --- ..,0\;,,:,•,.\ ,„,•,.,„,;,?,,,:,..,•,,1• 3. v\ 1 ... , .. ra;; silt , carznEcni—iii„, I,. L.,•.• ...... •. . ......1 i j ilia ,\, ------ el - ,r,• .., .1111111 ED All, . •0— 1 Frr--11-'''.1111111 6-1 . n .....d.. 1 ED cur IS , ,,..,..-: , ..____ litai m 11 .'.. Arkys ....... ,,,17., upyr.o. \ . • cr. . 1.10i ILL,a.,,N,-,, —, iii 1,..,!,,,, ' ,..6‘., .4...,:sti.•-\..,\,sr... . .. . , '•,, :. f,, . 2 •g''''—I!.:, i 1,.',..,,:k.„•.-.4 ,,,,A .s, .: iii,,.....,,„,.. ,,.... .,v. \.- ,;:- ' liktAL ..:':- UN E ......: ,•-••,••\•' •- •,:•::., ,..,., • . .,,t,,,.:. :. .,:. •,,,.. k . ., ,-.,,,,,,' ..,,,, , __1,4,, ._..,. L.,. , ---i- .. '•r r •r r ••• :j:,. 'r'l\ , t '-,., '.,• '.'i:':';* 'r •Z,‘•r•:•1111111 . Rh VIIIV; r";;1 •,.•r 111 ' 4•''''''' ',. !:.• ' ' ' 1'''.-4 2.'":• r • ,,,S\'..171A r ' ',r, •, ' '..• ''''''' \ VIk'Vr.<.'ISAO°:AP ITI.Itlk% ‘. • N,. •:,' r , • . , N.,,,, '.. ' '', •''',.;,''''r'''' ' .' ':•.• r•r'''.•,.:'r :IV". '' ' "IIII 'Y,.'.r, •17:'N'•X‘‘.•i,';; .'' .. •....' ' .., • \ ' '' ''' • '''' ' ' ' i.111111ril '' ''*,\:';:•1 k'4.,N•''. - •.- _• 4,--,:,- „,,, r, ,rrilorm ,•-•\ - -, - ••••• ,i44,4---•44 . \,' • :''' '''q\\ '' -:',',i. ..''.‘:.-z-1''' • 1 j , •. •- - • .-.',„-,•:',...,7 ,,,,„,. ,.,,,,,, ,‘i, 4,:n•„::,,,•,,_•,-;. ., ..:,:•, :„ ,•4‹:::„.,, ••. ,_ N :.: '*..A.1;\,' • '' 1,..;.7,ill NJk'''(..:..-'.• it .,•,-.,;.•: ' :. '.:,1,,,v-r. A.1 1-csil—A '''' t'` ' ,,I.,1,•,' -:,.;.s': ,,' '' '' '' — ,.--—.\ \\ 1 .• . -:' •::-',;:' ,i.,:„,-.....q ,,,,. ,,,,.11T.,amir a, : :::----'''''' ''''''''''. „,,-.,k.,s-'., .. :..,..; i ... . ......,, ,, ,,.s.•,.......— §..4\c -.,.:,.v,::.,,,.„ •N. .:.-:... .. ,.,.,,,,,:,;•. \ I ,,,,„: , . ..,. ....- .1 FRI .,'. ..,..,,,..,',,-t,' r• •i ,,,,,,- ...',,, ::::‘,.,N :,,, ,, .,,,,,,,,;&, s. t':.:::.•.'. .. \\i .•:\ gtik • .,,.,.,.,,,,,,,,,,,,,,;,,,,;.,, ! ; .. .:,::-•.,, ::::. \‘',.N. .. . \ • •..:„..,,, i;;JCZ7,k•44'•g• .,••. i., it . .'•.‘:, '''''‘'''''' ' ''' ',•;. ' , .,.' ,-,•r.,,,. .::';'.:"S•\,,V,.;1‘:\\ , ::,:''.,\pig. , num V A;' ”. ,.; A 'I.7-!iii -,1-::;•'.. ;•:.; : .'. ,',... ..,,,x,..,„,? ' ‘.:, :-.'1 L.:7:'S :;‘,.\•:', '•\' 'r ' - ,:z.,7111111 1''01.1.11q',.••, :i, . ' :1::::;:::: -''''';' ', \•'.\;X\ : .•\'1•.'-:,' •.:\ r .,:mmr, ,,,,.,,1 ' •''',- ::':-••:‘':.',-‘'• . . „ . t.gte •,i,,,4,4 4 •i,-, .. ... .„. „, •••,-, • ,. ,.-.' k, V 4, •.,•::,•-:,: •:•'' •.;• .... - ,,.. , ,—. . 05 ,,,,.:,,,.:-.N.. . ,„:5,.!.,,.;,,, ,..., ::.:,;....i.,„;,.. , -rr , -,,, . ,,,,,.:,,,,.•. ..s.: ... . - e,, -,, • . - -, . \ \-N• ,\' a qi -4rik: 'iL 1°.•1. •.4,, . - '-• i ••,.',:ti'.. \\ ,-•, .,:A.-•...,.\• . ,;,, . , • . -- I, 4' .,:, i,V,', .• ‘••' .'N ',:':',': M, •::;:' :.-:':1 \.•'"-,•:- .:' :', : ',•,'';, •:.;. .,,,,•..'' `':',•: ',' . .•--- :,-,, ..•,-;.•;,. \ \'.-„": ,._ . -•.,::: s ,,,,;''',3. ,-,,,,•-•, ,-•,. .- :,...!,,,,,,.-•:.;:,,,i,,,,,,,,:-.;:_•.,,-..;, ...,,.,, .,,,;,,,,,,\.,:,., tij . .. ..— .__ . ;44,4, ..1• ws.,,,,,,. - ''.k-s '4 4' .Z:,,,Z':,z1..• &6', /. l'''''is.. '. • ' '''''' ..] $Np '',=''''''L`',\. ,' ',' ' -- '' ' ' ,,,--'-'---'N • - NA.• -\:\,....'s, .- •-•.,,,•,..;,,,::: ',.•,. ...\. ,,,,:-.,s, 1.-1 '\N'', '1,••••- • •, _ _ ,., - •::,•;...,-.. •,,,.•••••x4„.:,:. ,,, •-„5---,s-..,,,. to •,4,,,,t,.. . •,.-4...n. . . if , . :-.. -. - ',::'. .: . s'-k.,‘•-,,, -,•,;:,,, •.2. 1-4, .k:\,-4;; ••':' .gt /r' !,,V.,,,*'":,..,_•' At .,' . - :•..-•::... ,:•••.,;,•-,,•••.- •.:•,:,.„••\ . ,,,':•,•..•,•. .\•• tO • .:-1-,:: ,:c; Z____, ' r, •.,,•,:,,', ,.. \-,,,,•• :,c.,•••.,..,...,..\,, • .,,..;•:,..,,,,,s, _.. • :,,,,,„,, . -,, --. --•. ' = .:,,,.:.: .,.• . ,.•:..:-:--,.. .,. ,...., , ,;-;,n-,,,„-•.: .:.\ -- 1 ' .,,,I.Y.',,, / • r •••'. . '''%'• i - .,:'•-li.:•.: -..,:.'''S'.:.,...•::'\' / ‘•\•';''...';''. - • •‘:-..., :;', ;:, :i• ..\ .•••••:',1 ',, 1-7.,: ,.1-f • ..••:,:::: ,.,.•:,::•••:•••- •:',..' N-• • 1.,;:•,,e...,,:,:, . , ... ,. . . .... . . ,-4..,&-,.; . . - •,. r '• • ‹ 0 ..--.. R I i Eli I I 1 I II I .,,w,, I I o z Cif) 0 x c mt r,r- 0 0 ' o 3 131 c 1 2 o Z 'II 0 • 0 w c=o n-a,p . 1 c0 xCOi 0-n m 03 an 8 t g- a aw .a1at73°3 1 Z Z 1 M C 0 6 P r m 3 E V) I tizi R ui V) 0 ....." ,-.• o ... .___.. CONSENT CITY OF SHAKOPEE /3 E. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Adult Day Care Centers DATE: May 6, 1997 INTRODUCTION At its April 17, 1997,meeting the Planning Commission reviewed a proposed text amendment regarding adult day care centers. A copy of the April 17, 1997,Planning Commission staff memo has been attached for your reference. At the meeting,the Planning Commission recommended approval of the text amendment to the City Council. ALTERNATIVES 1. Approve the text amendment,as proposed. 2. Revise the text amendment,and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment as proposed. ACTION REQUESTED Offer Ordinance No. 482,and move its approval. Beth Handrich Planning Intern is\commdev\cc\1997\cc0506\txtadcc.doc ORDINANCE NO. 482, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING CHAPTER 11,ZONING, BY ADDING REGULATIONS FOR ADULT DAY CARE CENTERS THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11,Zoning, Section 11.02. (Definitions) is hereby amended by adding new nos. 2, 3,4,46, and 101 and renumbering subsequent entries. The proposed amendment to City Code Section 11.02. Definitions,would read as follows; 2. "Adult" -A person 18 years of age or older. 3. "Adult Day Care" -A program of services provided to functionally impaired adults for a period of less than 24 hours during the day. Adult day care is intended to maintain functionally impaired adults in the community and to prevent or delay institutionalization. 4. "Adult Day Care Center" -A facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator. 46. "Functionally Impaired Adult" -An adult having a condition that includes (1) having substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself,performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; or(2) having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and(3)requiring support to maintain independence in the community. 101. "Regularly" or"On A Regular Basis"-The provision of day care services to one or more persons for a cumulative total of more than 30 days within a 12 month period. Provision of services for any part of a calendar day shall constitute provision of service for the entire calendar day. Section 2 -That the following sections of City Code Chapter 11,Zoning, are hereby amended to add adult day care centers as permitted uses, subject to the listed conditions: Section 11.22 (Agriculture), Subd.2.J (renumber subsequent entries) Section 11.24 (Rural Residential), Subd.2.H (renumber subsequent entries) Section 11.26 (Low Density Residential),Subd.2.F (renumber subsequent entries) Section 11.28 (Urban Residential),Subd.2.H (renumber subsequent entries) Section 11.30 (Old Shakopee Residential),Subd.2.H (renumber subsequent entries) Section 11.32 (Medium Density Residential),Subd.2.G (renumber subsequent entries) subject to the following conditions: The adult day care centers shall: 1. serve 12 or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization,the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: A. hallways, stairways, closets,offices,restrooms, and utility and storage areas; B. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; and 5. comply with all other State licensing requirements. Section 3 -That the following sections of City Code Chapter 11,Zoning, are hereby amended to add adult day care centers as conditional use, subject to the listed conditions: Section 11.22 (Agriculture),Subd.3.M (renumber subsequent entries) Section 11.24 (Rural Residential), Subd.3.J (renumber subsequent entries) Section 11.26 (Low Density Residential),Subd.3.F (renumber subsequent entries) Section 11.28 (Urban Residential),Subd.3.H (renumber subsequent entries) Section 11.30 (Old Shakopee Residential), Subd.3.J (renumber subsequent entries) Section 11.32 (Medium Density Residential),Subd.3.K (renumber subsequent entries) Section 11.34 (Multiple Family Residential),Subd.3.I (renumber subsequent entries) Section 11.36 (Highway Business), Subd.3.R (renumber subsequent entries) Section 11.38 (Office Business),Subd.3.J (renumber subsequent entries) Section 11.40 (Central Business), Subd.3.Q (renumber subsequent entries) Section 11.42 (Major Recreation), Subd.3.L (renumber subsequent entries) Section 11.44 (Light Industrial), Subd.3.M (renumber subsequent entries) subject to the following conditions: The adult day care centers shall: 1. serve 13 or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization,the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: A. hallways, stairways, closets,offices,restrooms, and utility and storage areas; B. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of State, Federal, and other governmental licensing agency approval; and 6. comply with all other State licensing requirements. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee A I l EST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich,Planning Intern SUBJECT: Text Amendment Regarding Adult Day Care Centers DATE: April 17, 1997 INTRODUCTION On March 20, 1997, after a determination by the Board of Adjustments and Appeals that adult day care is a similar use to that of child day care,the Board of Adjustments and Appeals reviewed and approved a Conditional Use Permit allowing an adult day care center within a residential district. Current City Code addresses day care centers,but does not differentiate between adult and child day care needs. At the recommendation of the Board, staff has formulated a proposed ordinance pertaining to these needs. DISCUSSION Staff has compiled research from other communities and representatives from the Human Services Department of Licensing and has developed some draft definitions and standards for review by the Planning Commission. This draft information has been attached as Exhibit A. Section 11.83, Subd. 2 of the City Code states"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist". Based on these criteria, staff has prepared the following draft findings. Criteria#1 That the original zoning ordinance is in error. Finding#1 The original zoning ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place. Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development. patterns have occurred; or Finding#3 Changes in City-wide or neighborhood development have occurred with regard to the increased need for Adult Day Care Centers. Due to the increased need for services, the need for regulation has arisen. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend the proposed amendment to the City Council as presented on Exhibit A. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. ACTION REQUESTED Direction from the Commission regarding the proposed amendment. Beth Handrich Planning Intern EXHIBIT A DEFINITIONS Adult-"Adult"means a person 18 years of age or older. Adult Day Care Center-"Adult day care center"or"center"means a facility that provides adult day care to functionally impaired adults on a regular basis for periods of less then 24 hours a day in a setting other than a participant's home or the residence of the facility operator. Adult Day Care -"Adult day care"means a program of services provided to functionally impaired adults for a period of less than 24 hours during the day. Adult day care is intended to maintain functionally impaired adults in the community and to prevent or delay institutionalization. Functionally Impaired Adult-"Functionally impaired adult"means an adult having a condition that includes(1)having substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself,performing manual tasks,walking, seeing,hearing, speaking,breathing, learning,and working; or(2)having a disorder of thought or mood that significantly impairs judgment,behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and(3)requiring support to maintain independence in the community. Regularly or on a Regular Basis-"Regularly"or"on a regular basis"means the provision of day care services to one or more persons for a cumulative total of more than 30 days within any 12 month period. Provision of services for any part of a calendar day shall constitute provision of service for the entire calendar day. PERMITTED USES Adult Day Care Centers shall be added as a Permitted Use in the following zoning districts: AG Section 11.22, Subd. 2 RR Section 11.24, Subd. 2 R1A Section 11.26, Subd. 2 R1B Section 11.28, Subd. 2 R1C Section 11.30, Subd. 2 R2 Section 11.32, Subd. 2 subject to the following conditions: The Adult Day Care Centers shall: 1. serve 12 or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization,the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: A. hallways, stairways, closets, offices,restrooms, and utility and storage areas; B. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; and 5. comply with all other State licensing requirements. CONDITIONAL USES Adult Day Care Centers shall be added as a Conditional Use in the following zoning districts: AG Section 11.22, Subd. 3 RR Section 11.24, Subd. 3 R1A Section 11.26, Subd. 3 R1B Section 11.28, Subd. 3 R1C Section 11.30, Subd. 3 R2 Section 11.32, Subd. 3 R3 Section 11.34, Subd. 3 B1 Section 11.36, Subd. 3 B2 Section 11.38, Subd. 3 B3 Section 11.40, Subd. 3 MR Section 11.42, Subd. 3 I1 Section 11.44, Subd. 3 subject to the following conditions: The Adult Day Care Centers shall: 1. serve 13 or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization,the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: A. hallways, stairways,closets, offices,restrooms, and utility and storage areas; B. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of State,Federal, and other governmental licensing agency approval; and 6. comply with all other State licensing requirements. CITY OF SHAKOPEE / 3 • , Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Park 2000 Southwest Planned Unit Development DATE: May 6, 1997 DISCUSSION First Industrial Realty Trust, Inc. has submitted an application for approval of Park 2000 Southwest Planned Unit Development (PUD). The subject site is located east of Valley Park Drive and south/north of 12th Avenue, and is currently zoned Heavy Industrial (I-2). The PUD proposes to contain office, office showroom, and office warehouse uses. The City Code currently allows 25%of area to be designated for office uses,the applicant is requesting an increase in office area to allow for 35%of office area. For further information, please see the copy of the April 17,1997, Planning Commission staff memo that has been attached for your reference. The project site is currently the subject of an Environmental Assessment Worksheet(EAW). Therefore, the City can not give any final approvals until/unless a negative declaration is made regarding the EAW. One of the conditions recommended by the Planning Commission requires an approved Conditional Use Permit(CUP)for the use of office showroom uses. Please find attached a request from the applicant(Exhibit A)that office showroom uses be allowed as a permitted use in the PUD, rather than requiring the approval of a Conditional Use Permit. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of Park 2000 Southwest Planned Unit Development, subject to conditions. ACTION REQUESTED Discuss the proposed PUD and table a decision until/unless a negative declaration is made regarding the EAW. • '�u11e K1 Planner II i:\conundev\c61997\cc0506\pudpk200.doc CIVIL ENGINEERING • URBAN PLANNING • TRANSPORTATION • ENVIRONMENTAL "(LICA. LANDSCAPE ARCHITECTURE • CONSTRUCTION MANAGEMENT • LAND SURVEY (ASSOCIATES LTD) EXHIBIT A MEMORANDUM DATE: April28, 1997 TO: Julie Klima City of Shakopee FROM: John Dietrich RLK-Kuusisto, Ltd. RE: Park 2000 Southwest Planned Unit Development Shakopee, MN As a follow-up April the A ril 17, 1997, Planning Commission meeting when the Commissioners gave the First Industrial Park 2000 Southwest a unanimous vote of approval, RLK requests this memorandum be included in the May 6, 1997 City Council agenda. Two conditions of approval from the City Planning Commission are requested to be discussed: Condition #4: Office showroom uses shall be allowed subject to an approved Conditional Use Permit for office showroom. Regarding the Conditional Use Permit for office showroom(Condition #4), First Industrial responded to the Commissioners concern regarding an office showroom evolving.into a retail outlet location. First Industrial stated it is their intention to not have retail available to the general public within the Park 2000 Southwest. In fact, the City's definition of office showroom as outlined in the Planning Staff report is in full concurrence of how First Industrial anticipates the Park 2000 Southwest development to operate. First Industrial's request of the City Council is to allow office showroom as a permitted use within the PUD. First Industrial will be the owner/developer of the Park 2000 Southwest development and will be able to control the retail use of the tenants through lease agreements. First Industrial would appreciate the (612)933-0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka,MN 55343 • FAX (612)933-1153 Julie Klima City of Shakopee April 28, 1997 Page 2 Councils discussion and consideration of this change to the conditions of approval as presented by the Planning Commission. The PUD outlines the proposed development and anticipated square footage of office showroom and warehouse distribution. Provided the office/office showroom remains under 35% of the total square footage the conditional use permit for office showroom is not necessary. Condition#7: The PUD application shall not be reviewed by City Council prior to the conclusion of the EAW prcce.ss and issuance by the City of a negative declaration. Upon discussion with staff after the Planning Commission meeting, First Industrial was interested in maintaining the development schedule and pursuing discussion of the PUD at the May 6, 1997 City Council meeting. Discussion at the May 6 City Council meeting would also reduce the amount of business anticipated at the May 20, 1997 City Council meeting when the EAW will be discussed. The staff recommended the developer poll the City Council and ask their opinion in discussing the PUD application at the May 6, 1997 meeting and tabling any action until the EAW is discussed at the May 20, 1997 meeting. Mr. Albinson of Valley Green Business Park, discussed bringing the PUD to the May 6, 1997 City Council meeting with the Mayor and each council member, and each council member expressed support for this action. Consequently, the developer through Mr. Albinson did the leg work to call each council member and request the PUD be discussed and tabled for action at the May 6, 1997 City Council meeting. The City Councils consideration of the two above requests regarding the PUD approval of the Park 2000 Southwest will be greatly appreciated. A representative of First Industrial will be available to further discuss these issues at the May 6, 1997 and May 20, 1997 City Council meeting. cc: Todd Geller, First Industrial Jon Albinson, Valley Green Business Park Jon Pope, Pope Associates Miles Britz, Pope Associates CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Park 2000 Southwest Planned Unit Development DATE: April 17, 1997 SITE INFORMATION Applicant: First Industrial Realty Trust,Inc. Location: East of Valley Park Drive and south/north of 12th Avenue Current Zoning: Heavy Industrial (I-2) Adjacent Zoning: North Heavy Industrial (I-2) South The Bypass East Heavy Industrial (I-2) West Heavy Industrial (1-2) Comprehensive Plan: 1995 Heavy Industrial Attachments: Exhibit A: Zoning Map Exhibit B: Applicant's proposal INTRODUCTION First Industrial Realty Trust, Inc. has proposed a PUD for property currently zoned Heavy Industrial (I-2). Please find attached as Exhibit B a narrative describing the request and a site plan of the proposed development. The specific request of the PUD is that the applicant is asking for a higher percentage of office area than is currently allowed. Section 11.46 of the City Code allows offices in the Heavy Industrial (I-2) zone as a permitted accessory use so long as the offices occupy less than 25% of the principal structure and are directly associated with a permitted use. CONSIDERATIONS 1. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is"to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". The PUD as presented by the applicant attempts to group more compatible uses in sub-areas on the site. The proposed PUD would provide for the planning of the development of the 53 acre site. 2. The project is currently the subject of a mandatory Environmental Assessment Worksheet (EAW). The city may not give any final approvals for this project until/unless the city has made a negative declaration on the EAW. Therefore, if the Planning Commission should recommend approval to the City Council, the project would not be forwarded to the City Council for review until and unless a negative declaration is made for the EAW. 3. This property has already been platted as part of Valley Park 13th Addition. However, the applicant will need to receive approval of a minor subdivision for this project prior to final approval of the PUD (since the minor subdivision process is not available for property contained within an approved PUD) and following a negative declaration of the EAW. 4. The PUD proposes to construct 7 buildings on the 53 acre site (Please see Exhibit B). The applicant has not requested any variances to the design or performance standards outlined in the City Code, other than those discussed in Consideration No. 5. 5. The applicant is requesting that the 25% office area requirement be increased for this site to allow 35% of the total square footage for the Park 2000 Southwest project to be office uses. Based on the information provided by the applicant, it appears that their intent is to have an overall office area percentage of 35%. Some individual buildings may exceed the 35%, however the entire development would average office area no more than 35% of the total square footage. Staff has researched other communities and how they address office uses in industrial areas (please see Agenda Item No. 16.a). This research indicates that many cities not only allow office areas as permitted uses in their industrial districts, but also do not restrict the amount of area that can be utilized for office area. The applicant is also requesting to have the use of office showroom be allowed as part of this PUD proposal. Recently, a text amendment was approved to define office showroom. The definition is as follows "a facility in which the handling of information or the performing of administrative services is conducted as a principal use; including services provided to persons both on-site and off-site on a walk-in or appointment basis. Up to 25% of the gross floor area of the structure may be used for the display of merchandise and equipment, and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse." A recent PUD that was approved by the City Council allowed office showroom with an approved conditional use permit. It is staff's understanding that the applicant is also requesting that the office showroom be allowed up to 35% of gross floor area rather than 25%. The Planning Commission must decide how to address the increase in office and office showroom area and if office showroom should • be allowed as a permitted use with the PUD or as a conditional use (requiring the applicant to apply for and receive a conditional use permit). 6. There are pending assessments for this site. 7. The Building Official has commented that building construction and sewer/water services will be reviewed at the time of building permit application and that the on-site hydrants are subject to the metering requirements of Shakopee Public Utilities (SPUC). FINDINGS Section 11.50 of the City Code discusses the criteria for approving a PUD application. These criteria, along with draft staff findings, are provided as follows. Criteria No. 1 : The proposed development is consistent in all respects with the Comprehensive Plan and this ordinance. Draft Finding No. 1: The proposed development is consistent with the Comprehensive Plan and the Zoning Ordinance with the exception of the requested deviations discussed in this memorandum. Criteria No. 2: The proposed development, including deviations from design standards of the underlying zones is compatible with surrounding land uses. Draft Finding No. 2: The proposed development is compatible with surrounding land uses. Criteria No. 3: The proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Draft Finding No. 3: The proposed development provides for adequate open space and, circulation. Issues such as parking, landscaping, and screening are addressed as a part of the preliminary drawings that have been submitted by the applicant. Staff has reviewed these plans and has identified issues which will require further attention. However, parking and landscaping requirements will be reviewed at time of building permit application to ensure compliance. The proposed drawings may be slightly modified prior to submitting for building permit application. Therefore, the most thorough review for parking and landscaping compliance occurs at that time. STAFF RECOMMENDATION Staff recommends approval of Park 2000 Southwest Planned Unit Development, subject to the following conditions: • 1. The total building square footage allowed for the development, as a whole, shall be limited to 749,000 square feet. 2. The development shall comply with all design and performance standards, unless specifically addressed in the PUD approval. 3. The development shall allow office and office showroom areas not to exceed 35% of the total building square footage for the development. 4. Office showroom uses shall be allowed subject to an approved conditional use permit for office showroom. 5. The minor subdivision process shall be completed prior to the approval of the PUD. 6. The City Attorney shall prepare a development agreement with the developer. The Planned Unit Development shall not be considered approved until the development agreement has been executed by the City and the developer. 7. The PUD application shall not be reviewed, by City Council, prior to the conclusion of the EAW process, and issuance by the City of a negative declaration. ALTERNATIVES 1. Recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Park 2000 Southwest Planned Unit Development. 4. Table the request in order to allow the applicant and/or staff time to provide additional information. ACTION REQUESTED A motion and vote to recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to conditions, and move its approval. Khma lie a Planner II is\commdev\boaa-pc\1997\apr 1 Tpudp2000.doc { .. 4. _ .. • 0. EXHIBIT A I r 1 ,, Y' • • tom (y - BLUE i.i LAKE 111111116=---'!.1_1S- F ., � sir, 81 AG 12 . 7---=---___ ,- , F •t-yam 12 ..MI. 1 . • ,,,. MRli-77-'::.-:-.----, n.- - 4 , , MR g% LEGEND !°°1°" . i F - ..m... gierly'nc Zones RIMS *'" Pli J -C 4gric:.;ture �CZ S = ' R;.rcl Res dent'. A S147 —T R Lcw Density Res&dentinl b. ;.:77----1."..^::4 " Ur;,cn Residential \? 11 ! Old Snn copee Residentici ��' I1 ( -.% I Medium Density Residentici 11 H773 !! Multiple ccmily Residentic! [2 `'''‘., 'Q _® DEAN Hign•.vcy Business 401. = k , 82 Ofrice Business 1" 11111111111 I B3 I Centrcl Busir:ess _ LAKE • AG 1-771 Lignt Ind;:str'cl �`', rig' 0. [� Hecvy irdustricl jr,1'" !! Mc;cr Recrect'cn :....G 16 J:erfcY Zones -S-Sncre!cnd — -r :acdp cin Distr;ct AG Cve''c7 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Alley Rights-of-Way in Blocks 3 and 4, Old Shakopee Plat MEETING DATE: February 25, 1997 Site Information: Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described rights-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown into about 28,500 square feet of retail space and 52 market rate rental residences for persons 55 and older. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The Assistant City Engineer has commented that easements be retained for utilities in the alleys; • The Fire Marshal has commented that the proposed building must have a fire apparatus access road on the North(rear side of the building). • The Shakopee Public Utilities Commission(SPUC)has commented that an easement should be retained throughout the alleys for an underground duct bank. • Minnegasco has asked that an easement be retained over all of the alleys proposed for vacation for a gas main located in the easement, or, in the alternative,that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained to provide access to its underground cable and conduit. ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on April 3, and recommended vacation, subject to retention of the requested easement, unanimously. ACTION REQUESTED: Offer and approve Resolution No. 4649 vacating the subject rights-of-way 4. - Z)`- - -,-/, r-'--e R.Michael Leek Community Development Director RESOLUTION NO.4649 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE ALLEY RIGHTS-OF-WAY IN BLOCKS 3 AND 4,OLD SHAKOPEE PLAT,SCOTT COUNTY,MINNESOTA WHEREAS,alley rights-of-way have been dedicated in Blocks 3 and 4, Old Shakopee Plat, County of Scott, State of Minnesota;and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest for alley purposes;and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of April, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need for alley purposes: the alley rights-of-way in Blocks 3 and 4, Old Shakopee Plat, County of Scott, Minnesota. 3. That the right-of-way described above is hereby vacated subject to the following condition; a) That the City reserves, however,to the City of Shakopee, its licensees and franchise holders, a perpetual drainage and utility easement on, under, and over the vacated right-of-way for utilities, with the right to install, maintain, repair, lay and relay utilities by the City, its licensees and franchise holders. 1. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE / f Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Property Sale DATE: April 10, 1997 INTRODUCTION: The Council is asked to give direction as to the method of selling the approximately 9.5 acres of excess land that is part of the fire station site. BACKGROUND: At its meeting of April 1st,the Council directed that the 9.5 acres which will not be used as part of the fire station site,be sold. Staff was directed to come back with possible methods of disposition. OPTIONS: We see three alternatives for this property, currently zoned R-2 multi-family. 1. Advertise the property as being for sale, and set a minimum price for. it. The first person offering that price or more would be sold the property. 2. Advertise the property as being for sale, and take bids. While similar to option#1 (a minimum price could be established),but there would be a definite ending date. 3. List the property for sale through a Realtor. Options 1 and 2 would require the establishment of a minimum price, although the City could reserve the opportunity to reject any and all offers. Likely,the minimum price would be the amount that was paid for it,plus assessments, in August, 1996. Option 3 would let a professional market the property,but it would reduce the net proceeds of the sale by the commission to be paid(typically 10%for raw land). There would also need to be a process to determine what Realtor would be selected to market the property. It should be noted that SPUC is currently taking bids on a 10 acre parcel of land which was purchased,but not used, for a substation. They have had an appraisal done,which establishes a minimum value of$64,000. A Realtor whom they have used in the past is assisting them on this for a flat fee. It will be his job to analyze the proposals and coordinate other aspects of the sale. The intent was that this would reduce the need for an attorney in some aspects of the sale. C OTHER CONSIDERATIONS: There was discussion at the April 1st meeting as to whether the City should plat the property, move the gas line, and otherwise ready it for sale. Staff has discussed this, and feels that the property should be marketed as is; it is unlikely that the City could perform those tasks for substantially less then the private sector could do, and those costs would have to be factored into the City's minimum purchase price. In addition,by having the City do the work, it could potentially limit development possibilities for someone having ideas different than what staff has anticipated. It should also be noted that there is a potential of 100,000 yards of material which could be removed from this site. If this removal of material is done as an integral part of development, a preliminary plat approval and grading permit are required from the City. If removal is done without a development plan,this would be considered a mining operation and is not allowed in this district. BUDGET IMPACT: The original purchase of the land($343,240,plus assessments)was funded in the interim by the Capital Improvement Fund. The project budget of$3.4 million included$380,000 for land purchase (see attached). There was never clear direction as to whether the fire station project should fund the entire purchase of the 14.51 acres, and if not,where the excess money should go. While that does not have to be decided now, Council should think about it. Potentially, the City could see $250,000 or more as proceeds from such a sale. Should it reimburse the Capital Improvements Fund, and reduce the $3.4 million overall project budget by the amount of the proceeds realized from the land sale? If the land sale could have been timed so that it would have taken place before the bonds were sold, we could reduce the overall amount of the bond sale by the amount of the proceeds. However,the timing is not right for that, and, elsewhere on this agenda,the Council will be asked to proceed with the $3.4 million bond sale. RECOMMENDATION: We recommend alternative#2,that of advertising the property for sale(both in the Shakopee Valley News, and by posting a sign on the property), listing a minimum purchase price of the amount paid for the property, plus assessments ($26,200 per acre). This would be handled through the Economic Development Coordinator's office. After 30 days, bids would be opened. The City could then accept or reject the highest offer. ACTION REQUIRED: If the Council concurs, it should direct that property be advertised for sale. I/USA/Wig Mark McNeill City Administrator MM:tw (SPUC Parcel ) NOTICE OF SALE OF PUBLIC LAND Property - A ten acre parcel of land owned by the City- of Shakopee described as - The East ten acres of the North one-half of the Northwest Quarter, Section 19, Township 115N, Range 22W, Scott County, MN. Location - Parcel is located on the south side of County Road #78 between County Road #17 ( Marschall Road ) and County Road #79 ( Townline Road ) Who may make an offer - Any individual, Real Estate Agent, or Real Estate Broker, regardless of Race, Color Religion, Sex or National Origin. Offers must be presented on a standard purchase agreement. Minimum earnest money is $ 1 ,000.00. All parties presenting offers must have proof of their ability to perform on the purchase in the form of a Letter of Credit from a Bank. Real Estate Agents or Brokers presenting offers on behalf of clients must include the real estate commission in the price offered. Minimum price - The listing price of $64,000.00 is an estimate of the fair market value of the property and will be the minimum offer that will be accepted. The highest net price to the City of Shakopee will be the offer considered. When must the offer be submitted - All offers must be made in a sealed envelope by 4:00 PM on Monday, April 28th, 1997 at the office of the Shakopee Public Utility Commission at 1030 4th Avenue East, Shakopee, MN. • Questions - Any questions of the offering may be addressed to the Shakopee Public Utility Commission representative C. L. Schmidt -445-6400 (work), 445- 2379 ( came ) • CITY OF SHAKOPEE 1 7. , Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Actions DATE: April 10, 1997 INTRODUCTION: The Council is asked to take three actions regarding the fire station. The first would be to award a contract for construction,the second to set a date for sale of bonds to finance the construction costs, and the third is to establish a date for ground breaking ceremony. BACKGROUND: Separate memos from the Architect, Bond Consultant, and City Administrator are attached on the above issues,respectively. The action for the first memo,that of awarding the contract for construction, should be done by resolution(attached). The second action is setting a bond sale, also is done by resolution. The third may be done by simple motion. RECOMMENDATION: We recommend the actions listed above, and in the attached memoranda be adopted. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the actions in the attached memoranda. Lit-0-111"t{ Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE / ye . 6 Cl a). Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Construction Contract Award DATE: April 11, 1997 INTRODUCTION: The Council is asked to award a contract to James Steele Construction Co. of St. Paul, for the construction of the new fire station. BACKGROUND: Attached is a memo dated April 9th from David Kroos, Architect from BKPV. Mr. Kroos was the principal in charge of the Shakopee Fire Station design team. Shown in his memo, four bids were received for the Shakopee Fire Station project. The low bid is that of James Steele Construction Co. BUDGET IMPACT: The base bid of$2.355 million,plus eight alternate bids, increased the total contract amount recommended to be awarded to $2,455,325. This figure is factored into a revised project budget provided by Mr. Kroos. Note that elsewhere on this agenda is a discussion of what to do with a potential $250.000 that maybe realized from the sale of the excess 9.5 acres at the fire station site (previously included in the fire station budget). If awarded, construction would begin within the next few weeks. There is a 300 day construction schedule for this project(meaning completion in January or February, 1998). RECOMMENDATION: We recommend a contract be awarded to James Steele Construction for the building of the new Shakopee Fire Station. ACTION REQUIRED: If the Council concurs, if should adopt Resolution No. 4553, A RESOLUTION ACCEPTING BIDS ON, AND AWARDING A CONTRACT FOR THE SHAKOPEE FIRE STATION. Mark McNeill City Administrator MM:tw CC: Mark Huge, Fire Chief RESOLUTION NO. 4653 A RESOLUTION ACCEPTING BIDS ON,AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE SHAKOPEE FIRE STATION WHEREAS,pursuant to an advertisement for bids for the fire station, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: BASE BID Construction 70, Inc. $2,589,000 CM Construction $2,589,299 The Builders Inc. $2,596,000 Fulco Construction $2,448,000 RJ Marco Construction $2,376,000 James Steele Construction $2,355,000 Rochon Corporation $2,410,000 Hunerberg Construction $2,385,000 Morcon Construction $2,482,000 Greystone Construction $2,393,264 AND WHEREAS, it appears that James Steele Construction, is the lowest responsible bidder and has included with their bid the following alternates: Base Bid $2,355,000 Alternate#3 $ 24,900 Alternate#4 $ 47,800 Alternate#5 $ 1,725 Alternate#7 $ 3,600 Alternate#8 $ 8,800 Alternate#9 $ 4,500 Alternate#10 $ 3,800 Alternate#11 $ 5,200 Total contract amount $2,455,325 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: 1. That the appropriate City officials are hereby authorized and directed to enter into a contract with James Steele Construction in the amount of$2,455,325, in the name of the City of Shakopee for the construction of the fire station according to the plans and specifications therefore approved by the City of Shakopee 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 the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council for the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk 612-339-6212 BKPR & ASSOCIATES 034 P02 APR 10 '9? 12:18 3• 4: BK \, April 9, 1997 City of Shakopee. 129 South Holmes Shakopee MN 55379-1376 RE: Shakopee Fire Station Construction Contract Award Dear Mayor and Councilmembers: On March 27 we received the bids for the construction of the Skakopee Fire Station. There were ten bids submitted.The bids came in below budget and the lowest four bids were all within 1 percent of each other. The estimated base bid that we anticipated was$2,410,121 and the actual base bid came in$55,000 below that amount. This allowed the fire department Architecture to accept some alternates that increase the project quality and still remain on budget. The low bidder is James Steele Construction Company of Saint Paul. They were founded 48 r,uef Drirg years ago and have completed many projects of the size and type of the fire station. We have worked with them in the past and have contacted recent clients who responded with high CnpinecrrnF recommendations for the company. At this time the Fire Department would ask the City Council to approve the award for the Construction of the Fire Station to James Steele Construction Company as follows: Base Bid $2,355,000 Alternate#3 $ 24,900 Epoxy Flooring Alternate#4 $ 47,800 Sanitary Sewer Extension* Alternate#5 $ 1,725 Electric Hoist Alternate#7 $ 3,600 Window Blinds Alternate#8 $ 8,800 Additional landscaping Alternate#9 $ 4,500 Watermain size increase" Alternate#10 $ 3,800 Bell Stand Alternate#11 $ 5.200 Fire Pole Total contract amount $2,455,325 9/14ths of sanitary sewer extension costs to be re-imbursed to the fire station as part of the development costs for the eastern portion of the site. `"The cost of the watermain size increase will be reimbursed to the fire station by Shakopee Public Utilities Commission as part of the future development for the site. The project is on budget and the schedule is for completion of the building in January or February in 1998. The Building Committee looks forward to the construction process and the successful completion of the project. S. 717 N-2nd Styr t Minnrapobs � t Mintiewt..5540 David oos Principal 6 1 2 339-3752 fax 612339.621 attachments 1 J rn so..man a, I1projW5\b12-pm3 Gavid R.Kroas,Alf I'vt,f 1.PM,tr,Al* Gary J.Vogel,AIA David t Runyan,Al' Equal Opp..r,v.,,ty BOARPfAN • KROOS • PFISTER • VOGEL & ASSOCIATES SHAKOPEE FIRE STATION L:tSF508IDCOST tciS�T-8�6 CX3r 7lE7E"t`!L !i hL�9 t f AN`101745 Baori AN EROS PFIST R VOGEL ASSOC , t irt0 ': New Main Station 24800 st PROPERTY COST IMPACTS Land Acquisition 14.5 Acres $380,000 Permit Fees Permit SO C.O. Charge C.O. SO A.D. SO Plan Check $0 Survey check SO Water Availability Charge $3,776 MCES Sewer Charge $7,600 City Sewer Charge $0 State Surcharge $1,000 Survey Allowance $3,500 Soils Testing $2,385 Subtotal $388,241 BASE BID General Building &Site Construction Costs $1,634,000 Mechanical Costs $437,000 Electrical Costs $284,000 Total $2,355,000 Alternate Items Alt#1 Basement expansion )$14,000) not accepted Alt#2 Lighting Revisions ($15.600) not accepted Alt#3 Epoxy Flooring $24,900 Alt#4 Sanitary Sewer Extension 547,800 5/14ths of cost to fire stat in project Alt#5 2 Ton electric hoist $1,725 Alt#6 Light Guard Roof system no bid $0 Alt#7 Window Blinds 93,600 Alt#8 Landscaping $8,800 Alt#9 Water Main Size $4,500 cost of main by S.P.U.C. Alt#10 Bell Stand $3,800 Alt#11 Fire pole&gate $5,200 $100,325 Total of add Subtotal $2,455,325 FIRE STATION Page 1 Si:9i L6. 0i eidU ZOd St'O S31dIDOSSLl 2 adA8 ZTZ9-622—Zi9 SHAKOPEE FIRE STATION L:ISF518181000ST poST-810. Cit3Ni vc7rctNIMO? C7lmus— 10176 Boothot K RO S?FJS u ppm Assyx . ApdI kon New Main Station 24800 sf OTHER PROJECT EXPENSES Professional Fees $177,823 Furniture&Equipment Allowance $85,000 Equipment Allowance $20,000 Telephone System $10.000 Computer System $0 Audio-Visual systems $35,000 Relmbursables,printing,travel etc_ $14,000 Special Testing costs $9,500 Financing Costs $78,000 Re-imburse Sanitary Costs 9t14ths(City) (630,728) Re-imburse Water Maln increase (S.12,11 C.) (54.5001 Subtotal 5394,095 Subtotal Construction Costs 03,247,661 Contingency 4.48% $152,339 IOTA -- 3,4tm,f00 FIRE STATION Page 2 91:91 L6, 01 adu 20d Sb0 S3lUI00SSU '3 8d>t8 ETE9-622—ET9 Meg' Jo CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: GO Building Bond Sale DATE: April 9, 1997 Introduction Council action is needed for setting the sale of GO Building bonds for 1997 . Background Attached is a resolution prepared by bond counsel which sets the sale of GO Building bonds for 1997 . The bonds to be sold will finance the new fire station. The resolution needs to be adopted at the April 15th Council meeting. Action Offer Resolution No. 4647 A Resolution Relating To $3 , 400, 000 General Obligation Building Bonds, Series 1997A; Authorizing The Issuance and Sale Thereof, and move its adoption. Gregg Voxland Finance Director I:\finance\docs\gregg\97bonds 404 Nro. 4 ••• • 4 CERTIFICATION OF MINUTES RELATING TO $3,400,000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, April 15, 1997, at 7:00 p.m. at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages: RESOLUTION NO. % RESOLUTION RELATING TO $3,400,000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A; AUTHORIZING THE ISSUANCE AND SALE THEREOF TERMS OF PROPOSAL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law; and that the resolution described above has not, as of the date hereof, been amended or repealed. WITNESS my hand officially as such recording officer this day of April, 1997. Judith Cox, City Clerk Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO $3,400,000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A; AUTHORIZING THE ISSUANCE AND SALE THEREOF BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (the "City"), as follows: Section 1. Authorization of Bonds. The duly qualified electors of the City, at the general election held on Tuesday, November 5, 1996, authorized the issuance and sale of $3,400,000 general obligation bonds of the City to finance the acquisition, construction and equipping of a new fire station. It is hereby found and determined to be necessary and expedient for the City to issue and sell the bonds so authorized. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Section 3. Sale Authorization. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, clause (9), Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at its regular meeting to be held on Tuesday, May 6, 1997, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, the following Councilmembers voted in favor thereof: voted against the same: abstained from voting thereon: or were absent: whereupon said resolution was declared duly passed and adopted. -2- D INCORPORATED TO NEGOTIATE THE CITY HAS AUTHORIZED SPRING E RECEIVED ON THE FOLLOWINGBA51S!5 ISSUE ON ITS BEHALF. PROPOSALS WILL TERMS OF PROPOSAL $3,400,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A (BOOK ENTRY ONLY) ime,Proposalsat for the Bonds will bed Incord on porated,orat d. 85 East May Seventh Place,tSuit 100, Saint Pauli Time, the offices of Springst rp Minnesota, after which time they will be 00 P M ed n and tabulatet Time, dof the same day sideration for award of the Bonds will be by the City Council SUBMISSION OF PROPOSALS ed. Proposals may be submitted in aseQfec upons�pe mayrbe submitted to Sprfax (612) mgsted p02 to Porgotthe Signed Proposals, without final price final time of sale. The bidder shal6120223!3000 oe for �rbfaxt'ng to(612) Proposal223!3002fohenclusionn the price and coupons, by telephone ( ) submitted Proposal.to time ofe alellspecified abovassume no 'eb'Iity for the Propo Proposals may'Ialso the d electronically er to reach Springsted prior to the time of the it PARITY, in accordance to heh RITY time ofules of sale established'above, but noeProposals willbewithin a one-hour periodprior TY Rules received after that time. If ofrPro'ons in the Proposal shall control.s OThe normal conflict with the use of PARITY may be of Participation, the TermsPbidder. further obtained from PARITY and smade s may the r contactresponsibility of at 500Main Street, information about PARITY, potential the nor Suite 1010, Fort Worth, TX 76102, telephone the a is a(malfunct Neithermalfunction All bidders are advised ted Incorporated assumes any liability that each Proposal shall be deemed to manner of the Proposal tweent the bidder and the City to purchase the Bonds regardless DETAILS OF THE BONDS The Bonds will be dated June 1, 19of each the d ate of cng February 1, 1998 inal issue, and will b I terestar rwill est payable on February 1 and August 1 year, commencing be computed on the basis of a 360-day year of twelve 30-day The Bonds will mature February 1 in the years and amounts as follows: 2008 $160,000 2013 $215,000 1998 5155,000 2003 $130,000 2009 $170,000 2014 $225,000 1999 5105,000 2004 5135,000 2010 $180,000 2015 $235,000 2000 $110,000 2005 5140,000 2001 $115,000 2006 $145,000 2011 $190,000 2016 5250,000 2002 $120,000 2007 $155,000 2012 $200,000 2017 $265,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments toparticipants ents to pat of Dc Cal owners ll be the responsibility of DTC; transfer of principal and interest pa y y participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006- Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed y t b eedeemed All prh participant epaymentll then s shallect y bebeot the at a price of par plus eficial ership interests accrued interest. such maturity SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition, construction and equipping of a new fire station. TYPE OF PROPOSALS Proposals shall be for not less than $3,350,000 and accrued interest on the total principal amount of the Bonds_ Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $34,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the -ii Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples u tiplbear asilil r 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity beats sit le rate from the date of the Bonds to the date of maturity. No conditional proposals accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bondcinsurance iurancecor commitment therefor at the option of the underwriter, the purchase of any policy r the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested andcreceivedrating rating on the Bonds from a rating agency, the City will pay that rating fee. Any other agency fees shall be the responsibility of the purchaser. Failure of the municipal tinsurer to issue the after been the purchaser shall not constitute a causefofailure or refusal by the purchaser to accept delivery the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will The CUSIPte Seryceefor Bureaulure or charge forusal by the purchaser to accept delivery of the the assignment of CUSIP identification numbers Bonds shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, - iii - Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action f the City,easonrits agents, the of the purchaserr''srnon-complier ancebe lwth said terms for le to the City for any loss suffered by the City by payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5),annuaG'repoill rtsu and noecesrofant to certainhe eventsutioA awarding sale of the Bonds, to provide to purchase of thiseundertakingwiis conditioned uponOreceiv ng cial tevidence of hent. The iscundertaking at+ or to purchase the Bonds w prior to delivery of the Bonds. OFFICIAL STATEMENT tement containing pertinent The City has authorihe Bonds,zed the andad Official Statement will aration of an Official a information relative to tserve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information pfistor loco sle, any d prospective purchaser is referred to the Financial Advisor to the City, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the other maturity dates, ird by law,l amounts and shall constituterest rates of the Bonds,a "Final Official Statement"ogether with of the City with respect information required by n ds to any to the Bonds, as that term is defined in Rule 15c2- By aawaaefor,rdithe City the agrees s that, ny underwriter or underwriting syndicate submitting a proposal more than seven busiunderwriter of the syndicate to which the ays after the date of such Bonds it shall areprovide awarded 125 copies of senior managing underwriter the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal al isu accepted / with all the Partc Participating Underwriters of hedesignation Bonds or(ii) it pu poses enter into a contractual relationship of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 15, 1997 BY ORDER OF THE CITY COUNCIL Is/ Judith Cox City Clerk - iv - Recommendations For City of Shakopee, Minnesota $3,400,000 General Obligation Building Bonds, Series 1997A Presented to: Mayor Jeff Henderson Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 SPRINGSTED Public Finance Advisors Study No.: S0750W3 SPRINGSTED Incorporated April 10, 1997 RECOMMENDATIONS Re: Recommendations for the Issuance of $3,400,000 General Obligation Building Bonds, Series 1997A The proceeds of the bonds will be used to finance acquisition, construction and equipping of a new fire station pursuant to a referendum approved by City voters on November 5, 1996. We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, May 6, 1997, at 11:30 A.M. with award by the City Council at 7:00 P.M. that same evening. 3. Authority and Purpose for the Bond Issue The bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and will be used to finance the acquisition, construction and equipping of a new fire station. 4. Principal Amount of Offering $3,400,000 5. Repayment Term The first interest payment on the bonds is due February 1, 1998. Principal will be due February 1, 1998 through 2017. 6. Source of Revenues and Payment Cycle The City expects debt service on the bonds to be repaid solely from general ad valorem taxes. The first principal and interest payment due February 1, 1998 will be made from taxes levied in 1996 and collected in 1997. Thereafter, each August 1 interest payment will be made from first-half collections of taxes and each subsequent February 1 principal and interest payment will be made from second-half collections, plus surplus first-half collections. 7. Prepayment Provisions The City may elect on February 1, 2005, and on any day thereafter, to prepay bonds due on or after February 1, 2006 at a price of par plus accrued interest. 8. Credit Rating Comments The City is currently rated "A" by Moody's Investors Service. This issue will require a rating application to assure continuation of the rating. 9. Bank Qualification The City does not expect to issue more than $10,000,000 of tax-exempt obligations in 1997 and this issue will be bank qualified. Issues which are bank qualified receive City of Shakopee, Minnesota April 10, 1997 interest rates which are lower than issues which are not bank qualified. 10. Rebate Requirements This issue is subject to the federal arbitrage requirements. However, we understand the City expects to meet either the eighteen month or the two-year spend-down exemption and thus be exempt from rebating arbitrage earnings to the federal government. Springsted provides rebate calculation services to the City. An amendment to that contract adding this issue has been provided to City staff. 11. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. 12. Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. 13. Economic Life The average life of the bonds cannot exceed 120% of the economic life of the project to be financed. The economic life of the fire station under the federal arbitrage regulations is 40 to 50 years. The bonds are therefore within the economic life requirements. 14. Continuing Disclosure This issue is subject to the continuing disclosure requirements. These SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this issue has been provided to City staff. 15. Attachments Debt Service Schedule Terms of Proposal Page 2 City of Shakopee, Minnesota April 10, 1997 DISCUSSION City voters approved by referendum the issuance of $3,400,000 in bonds for the fire facilities. The vote on November 5, 1996 was 4,484 (yes) to 2,050 (no). The principal amount of $3,400,000 less the costs associated with doing the financing gives the City net proceeds for construction of $3,321,500. The structure of these Bonds, as shown on page 4, is level annual debt service over a twenty year period. Since this is the City's first debt issue supported only by tax levies, it is important to establish a level base in anticipation of further debt issuance due to the future growth in the community. The City made its first levy for this issue in 1996 in the amount of$295,115 and the annual debt service is structured around that anticipated figure. Respectfully submitted, • SPRINGSTED Incorporated eks Provided to Staff: a) Amendments to Rebate and Continuing Disclosure Contracts Page 3 $3,400,000 City of Shakopee, Minnesota General Obligation Building Bonds, Series 1997A Dated Date: June 1, 1997 Maturity Date: February 1 First Interest Payment: February 1, 1998 ' ``; <k`, 2 <<�`�>k <? < Y`<% `''>''?''kY`Ykv ?2Sk�YY'2< <{ < < 3 '����'�'€' '�'� `` ''�'' »'' %' `«4 :xy�::::::: ;;:f>�: fkY'<``>`::`;,>r>s';:::«. e if ol` :::.::::::::. :.::.......:.::. :. Prtti l :«,::::..:.105,. :: , :>: . . :�:�...... :»;; ::::<;>:<::;::::>::::. � i"<' ::.:.............................. fir. ....::._....... .. ...::.:,.,.,:::. ::... ....... : ...................................1�..........................::::::::::: est:::: ..:.:.:;.:. .;l�t�� t:.:.:.:._.: ;;:.>:.;:��:"�`�.€#�:;::;:>; (1) (2) (3) (4) (5) (6) (7) 1996 1998 155,000 4.10% 122,225 277,225 291,086 1997 1999 105,000 4.50% 176,982 281,982 296,081 1998 2000 110,000 4.70% 172,257 282,257 296,370 1999 2001 115,000 4.80% 167,087 282,087 296,191 2000 2002 120,000 4.90% 161,567 281,567 295,645 2001 2003 130,000 5.00% 155,687 285,687 299,971 2002 2004 135,000 5.10% 149,187 284,187 298,396 2003 2005 140,000 5.15% 142,302 282,302 296,417 2004 2006 145,000 5.25% 135,092 280,092 294,097 2005 2007 155,000 5.30% 127,479 282,479 296,603 2006 2008 160,000 5.40% 119,264 279,264 293,227 2007 2009 170,000 5.50% 110,624 280,624 294,655 2008 2010 180,000 5.60% 101,274 281,274 295,338 2009 2011 190,000 5.65% 91,194 281,194 295,254 2010 2012 200,000 5.70% 80,459 280,459 294,482 2011 2013 215,000 5.75% 69,059 284,059 298,262 2012 2014 225,000 5.75% 56,696 281,696 295,781 2013 2015 235,000 5.80% 43,758 278,758 292,696 2014 2016 250,000 5.85% 30,128 280,128 294,134 2015 2017 265,000 5.85% 15,503 280,503 294,528 TOTALS: $3,400,000 $ 2,227,824 $ 5,627,824 $ 5,909,214 .. .....:......:..... :. .............. ::.. .:::::.. Bond Years: 39,666.67 Annual Interest $ 2,227,824 Avg. Maturity: 11.67 Plus Discount: 50,000 Avg.Annual (%) 5.616% Net Interest Cost($) $ 2,277,824 T.I.C. Rate: 5.767% Net Interest Cost(%) 5.742% :iii, ..::?s:::i::i<::z:::«:>::>::>;>::> :::::::»:<::::>:<::::;:;<>:::;::>:::>: Total Bonds Issued $ 3,400,000 Less: Issuance Costs (28,500) Underwriters' Discount (50,000) Net Proceed for Project Costs $ 3,321,500 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 4 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,400,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, May 6, 1997, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885-8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1998. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1998 $155,000 2003 $130,000 2008 $160,000 2013 $215,000 1999 $105,000 2004 $135,000 2009 $170,000 2014 $225,000 2000 $110,000 2005 $140,000 2010 $180,000 2015 $235,000 2001 $115,000 2006 $145,000 2011 $190,000 2016 $250,000 2002 $120,000 2007 $155,000 2012 $200,000 2017 $265,000 Page 5 1 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition, construction and equipping of a new fire station. TYPE OF PROPOSALS Proposals shall be for not less than $3,350,000 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $34,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Page 6 Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Page 7 Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 15, 1997 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk Page 8 CITY OF SHAKOPEE I'I' .C. Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Fire Station Ground Breaking Ceremony DATE: April 9, 1997 INTRODUCTION: The Council is asked to set a time for the ground breaking ceremony for the new fire station. BACKGROUND: Assuming the Council awards a contract for the fire station construction at its April 15th meeting, a ground breaking ceremony needs to be scheduled. In discussions with building committee chair Mary Athmann, we are proposing that 6:00 PM Monday, April 21st be established as the time. The 6:00 start will afford the best opportunity for a majority of fire fighters to attend, as it will be immediately prior to their regularly scheduled 7:00 PM drill. April 21st is also the evening that Shakopee Showcase is held, from 6:30 to 8:30 PM at Canterbury Park. The 6:00 PM start would also allow the Council an opportunity to attend the groundbreaking ceremony, and then proceed directly to Canterbury Park, for those who wish to do so (it is expected that the ceremony will take only a few minutes). Also to be invited will be the project architect, and contractor(again, assuming award of the contract is made). ACTION REQUIRED: The Council should set the date of April 21st at 6:00 PM for ground breaking ceremony at the site of the new fire station. As there will be a quorum of City Councilors present,this will be posted as a meeting, but no official action will be taken. Naval Mark McNeill City Administrator MM:tw CONSENT CITY OF SHAKOPEE 1Y. A I Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: ISTEA Grant-Informational Date: March 27, 1997 INTRODUCTIONBACKGROUND At its March 18, 1997 meeting,the City Council directed staff to explore the possibilities of the City submitting a grant application for ISTEA Enhancement funds to develop a portion of the Scott County Regional Trail along County Road 79. See ATTACHMENT A for complete explanation about the ISTEA Enhancement Program. In 1994, the Scott County Engineering Department facilitated the creation of a Scott County Regional Trail Project Team consisting of staff representatives from the cities of Prior Lake and Shakopee, Hennepin Parks, the Mdewakanton Sioux Community and Scott County. The purpose of the committee was to explore ways to expedite the development of a Regional Trail from Cleary Lake in Prior Lake to downtown Shakopee. Lindberg Ekola and Mark McQuillan served as staff representatives for the City of Shakopee. The major funding source for the trail would be the ISTEA Enhancement Grant Program. Participating communities and agencies would share any costs that exceeded the grant allocation. However,there was never a formal agreement by the participating agencies. A grant application for ISTEA funding was submitted in 1995. The County did receive formal approval for ISTEA funding for the amount of$500,000 but that was not nearly enough for a project that would cost$1.3 million. Under the informal agreement,the City of Shakopee's share,which was based on construction cost in Shakopee, would have been$472,500. This was unacceptable and therefore, it was recommended the county not accept the funds unless alternative funding sources could be found to lessen the financial burden to the City. Subsequently, on the next round of grant submittals,the County submitted two new ISTEA applications which split the project into two separate projects. Unfortunately, both applications were denied funding. Refer to the attached January 11, 1995 memo by former City Planner Lindberg Ekola for more background information(ATTACHMENT B). 'r`t fti 11,4 1 CURRENT STATUS OF ISTEA There is a bill in Congress to fund another$14 million for the ISTEA Trail Enhancement Program which would be available after year 2000. However,there is a lot of resistance to passing the bill. The Metro Council is planning to set aside matching funds should the bill pass. Ironically, MnDot is not a strong proponent of the bill. Scott Merkley of the Scott County Highway Department indicated the County will submit another ISTEA Grant proposal for the regional trail project if funding is approved by Congress. Hennepin Parks does plan to extend the existing trail from County Road 21 to the Mdewakanton Sioux Community within a year. That section of the trail is outlined in blue on the attached Regional Trail Map(ATTACHMENT C). Merkley did suggest the City move forward with the development of the trail north of the By-pass (shown in green). The County's grant proposal will focus on the area shown in yellow. APPLYING FOR ISTEA FUNDS Staff is recommending nol to apply for ISTEA funds for the following reasons: 1. The Regional Trail is a Hennepin Parks and Scott County project. 2. Applying for the same funds for the same project would be counter productive. 3. Grant applications that are jointly submitted are viewed more favorably for funding than those submitted by one community. In this case, Shakopee, Prior Lake, Scott County, Hennepin Parks and the Mdewakanton Sioux Community would be the applicant. 4. In 1994, the County hired OSM to provide consulting services in the trail design,plan preparation and specifications for trail construction. Successful ISTEA applicants will be required to complete an enormous amount of time consuming paperwork and studies; not to mention the process for acquiring various parcels of land along the trail route. If the County is not equiped to do this work, is the City? If the County is unsuccessful in obtaining ISTEA funding, the regional trail will have to be constructed in phases. It could take anywhere from 5-10 years to complete the trail. STAFF RECOMMENDATION The City offer its support and encouragement to Scott County and Hennepin Parks in their pursuit to obtain ISTEA Enhancement Grant funding to complete the Scott County Regional Trail and to direct staff to explore opportunities to construct a portion of the trail north of the Shakopee By-Pass. ACTION Motion to offer the City's support and encouragement to Scott County and Hennepin Parks in their pursuit to obtain ISTEA Enhancement Grant funding to complete the Scott County Regional Trail and to direct staff to explore opportunities to construct a portion of the trail north of the Shakopee By-Pass. CilticaSilartkotei— Mark J.McQuillan Parks and Recreation Director MAR-23-34 WED 3: 13 P. 06 TEP PROJECTS - QUALIFYING CRITERIA ATTACHMENT 1. Projects must be eligible for Enhancements funds as defined in the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA). ISTEA defines ten exclusive activities which qualify for Enhancements funds. One or more of these ten activities must constitute at least 70%of the project cost. Unlisted activities such as paving a parking lot,constructing buildings or providing restrooms must constitute no more than 30% of the project cost. The ten listed activities are: 1) Scenic or historic highway programs.* 2) Provision of facilities for pedestrians and bicycles. 3) Acquisition of scenic easements and scenic or historic sites. 4) Landscaping and other scenic beautification. 5) Historic preservation. 6) Rehabilitation and operation of historic transportation buildings,structures or facilities (including historic railroad facilities and canals). 7) Preservation of abandoned railway corridors(including the conversion and use thereof for pedestrian or bicycle trails). 8) Control and removal of outdoor advertising. 9) Archaeological planning and research. 10) Mitigation of water pollution due to highway runoff. In Minnesota, these ten federal categories have been placed into three groups as follows:** 1) Historic...Acquisition of historic sites,historic highway programs,historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities, archaeological planning and research. 2) Scenic and Environmental—Acquisition of scenic easements and scenic sites, scenic highway programs, landscaping and other scenic beautification, control and removal of outdoor advertising, and mitigation of water pollution due to highway runoff. 3) Pedestrian and Bicycle Facilities...Provision of facilities for bicycles and pedestrians, and preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). . These groupings allow similar projects to compete with one another. • Projects on scenic or historic highways are subject to the same limitations regarding eligible activities as projects not on scenic or historic highways. Scenic and historic highways consist of those routes submitted to the FHWA as Interim Scenic Byway Routes on October 1, 1993 (Map Attached) ▪ The proposer must identify the group in which you wish your project to be scored. (See Item #7 on the Application Form). 52 MAR-23-1994 09=17 98% P.06 MAR-23-94 WED 9: 14 P 07 2. Projects must have an assured local(nonfederal funds) match of at least 20 percent of the estimated total cost of the proposed project. ISTEA requires a nonfederal match of at least 20 percent of project costs. The proposer must assure this required local match is available at the time of application. The match must be in hard dollars. Soft match,and in-kind services generally arc not eligible under today's federal rules. 3. The proposer must assure it will operate and maintain the property and facility of the project for the useful life of the improvement, and not change the use of any right-of-way acquired without prior approval from the Minnesota Department of Transportation and the Federal Highway Administration. Federal Highway Administration(FHWA)requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement, and not change the use of any right-of-way acquired without prior approval from the FHWA. TAB has determined that this requirement will be applied to the project proposer. FHWA considers most physical constructions and total reconstructions to have a useful design life of 20 years and bridge constructions and total reconstructions to have useful lives of 50 years. 4. Projects must be submitted through/by: 1)townships,2) cities,3) counties,4) state agencies, or 5) Indian Tribal Governments. State statutes require all federal funds going to Minnesota be accepted and disbursed by a designated state agency. The Minnesota Department of Transportation (Mn/DOT) is the agency designated to administer ISTEA Enhancement Funds. As the designated agency, Mn/DOT must provide up-front financing for all eligible project costs, which arc then reimbursed by the FHWA with federal funds. Mn/DOT provides this up-front financing through the Federal County Road and Bridge Account. Mn/DOT can provide townships, cities,counties, state agencies,and Indian Tribal Governments with up-front financing from the agency account for TEP projects. However,the Commissioner of Transportation has the discretion to deny up-front financing in cases where the Commissioner determines state funds would be placed at risk. If the Commissioner denies access to the agency account the project proposer must provide the entire up-front financing. 5. Projects must have an estimated total cost of at least S50,000. There are significant federal project processing requirements that come with federal funds. These requirements translate into expenditures of time and money on the parts of both the agency proposing/developing the project and the state agency administering the federal funds for the project. Project proposers can 'bundle projects together to meet this minimum. (Example:bundled projects could consist of signing and lighting a number of bike trails in several counties.) Communities may want to consider using joint powers agreements for implementing bundled projects. 6. Projects must have a demonstrated relationship to transportation. The ISTEA requires that Enhancements projects be related to transportation,preferably in an intermodal fashion. . 53 M1R-23-1994 09:17 96% P.07 MAR-23-94 WED 9: 15 P. 08 7. Projects which arc normally part of the mitigation of a transportation project are not eligible. .:.,c`'s• i The ISTEA requires that Enhancements funds not be used to implement mitigation of the adverse impacts associated with implementation of other transportation projects. The origin I* of transportation environmental enhancement is the FHWA Environmental Policy Statement issued in 1990. It states, "environmental enhancement means going beyond mere mitigation to use all practicable measures to harmoniously fit any proposed...project into the adjacent communities and natural environment it traverses." This is an important point. The FHWA has emphasized that enhancement is not mitigation. Environmental measures conducted as routine or customary elements of transportation projects or those provided to mitigate project impacts in compliance with the requirements of environmental,historic preservation or other laws are not eligible for enhancement funding. With this interpretation, the category "mitigation of water pollution due to highway runoff,"is limited to facilities and programs that are in addition to current requirements and procedures for mitigation. Enhancement activities are over and above normal transportation projects. Typically, a normal transportation project involves mitigation, including landscaping, other permit requirements and provisions negotiated as a condition of obtaining a permit for the transportation project. If this proposal is an enhancement to a larger project, the proposer must check the environmental document for these items:If the proposed enhancement is part of the project description and/or listed as mitigation, the activity is not "over and above" a normal project. Federal permitting agencies may include the U.S.Forest Service,Bureau of Land Management, or U.S. Corps of Engineers, and others. State permitting agencies may include the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and the Minnesota Historical Society. Regional agencies may include watershed districts and Metropolitan Planning Organizations. Local agencies may include counties and cities. • 54 MAR-23-1994 09:18 .... 93% P.08 ATTACHMENT B Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Scott - Hennepin Regional Trail Date: January 6, 1995 NON AGENDA INFORMATION ITEM Last year, the Cities of Shakopee and Prior Lake, the Shakopee Mdewakanton Sioux Community, Hennepin County Parks Board, and Scott County were given preliminary approval for an ISTEA grant for the Scott - Hennepin Trail. The project received the maximum grant amount available of$500,000 for the proposed trail project under the Transportation Enhancement Program Funds (pedestrian/biking) category. The total project cost estimated with the grant application was $650,000 with a local match of$150,000. Construction was tentatively scheduled to begin in July of 1996. The collaborative project includes 8.5 miles of rural trail and 1.5 miles of urban trail. Attached is a map of the trail location and its various connection points within the City of Shakopee. As a joint project, a cooperative agreement needs to be developed. In order to prepare the appropriate agreement, the Scott County Highway Department had further refined the project cost estimates. A significant increase in the project cost has been generated. The estimated project construction cost is now $1,130,000. Approximately 75% of the trail as initially designed would be located in the City of Shakopee. The basic cost sharing concept discussed by the various staff members proposed that the right-of- way acquisition and design costs would be shared by two counties and the trail construction shared by the three communities. The resulting cost share in the draft cooperative agreement is as follows: Richt-of-Way Acquisition/Deskzn Costs: Scott County $145,975 Hennepin Parks $145,975 Trail Construction Costs: City of Shakopee . $472,500 City of Prior Lake $107,100 Shakopee Mdewakanton Sioux Community $ 50,400 Obviously the $472,500 is not an acceptable amount to the City of Shakopee. The project design is being revised at this time to reduce the cost impact to the City of Shakopee. It is anticipated, based on discussions with the appropriate State and Metropolitan Council officials, that trail 1 design revisions which reduce the overall cost can be made while still receiving the full $500,000 matching grant amount. Staff will be working with representatives from the other agencies to further refine the design and project cost. A second funding alternative for this financial avalanche is also being researched at this time. Representatives from Hennepin County Parks have identified that the Metropolitan Council is seeking revisions to their Capital.Improvement Program open space budget. They believe that it might be possible to get more funding upwards to $400,000 - $500,00 for the project. The trail project represents a tremendous recreational and transportation opportunity for the City and the County but there remain several major challenges. No action by the City Council is required at this time. The purpose of this memo is to provide the City Council with an update on this major trail project. If members of the City Council have any questions, please call me at 445-3650, or Brad Larson, County Engineer, at 496-8346. Thank you. (trail.cc) ttttt tttF I.: 66AF3a6 oggggg C ': Rei u � S u 3 'Jr u i u V; AAAAA Alva to ci 1-- b ,. . , 1:4 . tetzli trzr: `` ° iiiiP • w 1- OC Zgg $ g gg : y O CO Q ( ¢ R yy1 + V u ` 1/ u : fU O A A A A A AAA „ zO O Nnn z b O °oN ZdJ W « ... n a ase a V ,. WI- Y t t l LL r Cr c CC fa $ g g $ >" $ ggg g I cn >t Z W 0 — u. a g g g g p o O 6 b o 1 b A, R • w U f i i Y U V v < W O ^ W 7tt. 11 f aAg 2i AAAAA A A ao w > 4 C a S 1 n f • r r • e . . $ F J 1- Q I-1 it O 7 O y F B i i YYII a 3 0 a t t t t t t t t a • . a Y 0 Z co b . w w • w w W w U in �V 4 20 W AliAl sl ggggg fi $ § g :stash AAAA Z rux ,a, o = 1& Z t� $ Q � >: S{ _ • ; : R : « Z = >: a I- Cs' o o .11 al i oX3�z v, $ �ONIu • w a w a W >0 to 10 0. F.. JI z7 Q y� @ Ili a e 0g V V II 8 V �i $ l G f -. i%n$ w N O i i fru` f V < a A A A A a A A A A •� a a p 62 ' J YNf z le Y� A o �r r r a �.lr d o « > _ zz ^ vF _ I <p � rn O y = Z a.co �.{X w w f j Y " " j J H _ ! " w g .f !W- z z Q 0011 q O • O r iOU1 O O O ► /- Ol 1:1 r .- • �• U r ^ 1- M Z Q) m Q. ' d J S J 9 t ,j J ~Q ' 0 0 O O O a mp O O o i O , N W pn t 1( m iS , "l/' I o ri I....."'\:\,..\ C..‘ )//' ..., i iss ` 1 , I ~" IdiI \i„..--, / 1 6 i' I 1le I 1 E-14 /�J _ _ �....:3AIH(1 AVM3IVJ.............._ .. `. �`� 1 I NEr I a j,' rrrlItLTLTITIJL TIT1TIIIi4ryIlTLQlIi111TIR1:� J1WflATTTi1iITl \I i ~�A fps (c�I I I III( r i� = : it11 If1l0 UlllllN Ng1lilllN lll1l�ffj allll 1IBI R� \j ' ��1TT1TTI1111�i1TTT1T1TTi111111(IIIIIIIiiTrA�_ �~ �1111IIIlI11111IIIhI1IJII[1 11118 IIIIIIl1X1IIII1IllIII1IIhI 'i I� 1 1 1 1 1 1 11 j I\ ___ p ■' I N 1 , I 1 — , . i I I-.3- ..t' 1i � � I j , tql I 1 m , I " I $•, ��,, I `( �++ , r3MW 33uw3S/ON10Y0, w ..) W t!'l f.7` g '44 S [ \I 1 I.Al2/ s I. _; y . I 1 I -- _ -_ _ _ N. J >i 1 tI 1 1 K3MV 3�1nN3S/ONIQy0, ( I 1 -_yv I. Ili r g I i 1 I f-r.;11 gl V: 'yam i , I "I =I r.r II1111111TTUIIIt11111111(Iiil I N 1;, m r� I I I _ ;1111111111llR1u W l l l l lllllll w` i-3 4O I I t x RR i 0- °A. I: 'II "}idlilliUfi W1111111111MITTLfllll(111T111141I1 11(UiiiTTT I :%�i .JTi(iT11T11TUl�ilifli(111(Ill�'z 11 O. . 1; P ai iuiiflllf9 oiiiit �I0111H�1110 tIIIIIIII�NIl of =�# ' I = I t `)>,�� � _. 1= 11 i till - _ kuntu{l�qui(� Zl l l t l L__w l l "_ _ 1 _ _ ' , / e 4�d I , - •,• I T Tl1TMTlIIIFIh111g iIIiIiTTA _^I°:1 W ' _ i ( •a y it t 1 F A jI > ' _ b 1141 §" 1 ► 01#llHfff1l ff9 0llffl�llQlllll lll0i 7.,HN1l1 I0 '� : I e " _ _ ' 031 N6 t teft 1 } m - 1 VIO A \ 1 1 t1 1 § j I 4 I (1) ...R , i-., l ,otl►L,,. I r 1 I la I t V3MV 33a033/0110Y011 1 I , , It y p• 11111111111 FJr —4— tIk\ :'/ - 1 VAN 331nM3S/ONIOYOI \\\\ •\ I I e ,, I - t g\ 1\ 1 - 1- p 1 pil .g a ‘ 1\ 1\` ` w t T ■ 'r , r 1 1,;.- -TTrn� iTUTiTimrrmrrFurTTTnnmrrr>�irnnTmlTTTllrlinmr>< Ti ;;- �1 alIIIIIIIINNiII� _ .Iel o 0� �if1Ift f� O�II1ItI�IINfHI I Io � 1 t 1- IIIEHff O 0 MIHIIg lifill I 1 _ u�u_ I. ,"� i-lIlI111111111111/c011111111//11111/1111111111111{' 'luulliu,111/11 1JWllIr0,1 •1 Ih-1 __fit ) �1[y/ t i �� _ Jl f I L1 N I El........„,.....,;, , 1 m , a .i .• Iv. 1 i` I- �-► .�-+ �5-+-�-1-fir,1- -I-�-+- _ y . ....... W a 3AI1I0 )ILIYd A3T1VA .._._--- i it____ o i ox zo O • L 1y� +9• I • CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan,Parks and Recreation Director Subject: Consultant for Prairie Bend Park Project Date: April 29, 1997 INTRODUCTION The Parks Five Year Capital Improvement Program identifies a total of$120,000 for park improvements to Prairie Bend Park. The project was divided over a two year period with $80,000 in 1997 and$40,000 in 1998. Staff would like Councils approval to proceed with the project and also obtain the services of Brauer and Associates for design development, construction documents,bidding and project management. BACKGROUND Prairie Bend Park is located in the Prairie Bend Development of Parkway Avenue. The park is about 5.1 acres in size. The land was acquired through park dedication. See Exhibit A. On March 12, 1997, a meeting was held at the Shakopee Community Center for residents of the neighborhood to discuss the development of the park. Thirty-seven people attended the meeting. Residents were asked to brainstorm as to what they would like in their park. A list of ideas was created, discussed and prioritized. The list ideas will be incorporated into the master plan for the park. PARK CONSULTANT In the past,the City has used the services of Brauer and Associates to develop the Master Plan for Huber Park. Staff would like utilize Brauer and Associates again, for the Prairie Bend Park Project and also serve as the construction manager for the improvements. FEES FOR SERVICES 1. Design and specifications work: $2,550.00 2. Construction manger during development phase: 7.5% of construction cost of improvements. The specifics of the professional services are outlined on Exhibit B. USING CONSULTANTS VERSUS IN-HOUSE STAFF Staff is recommending using a consultant for this project for the following reasons: • The project will require a certain amount of technical (engineering) skills and experience in designing a park. City staff has limited experience in creating park designs and it does not have the proper tools (landscape cad)to developing a fully comprehensive or detail park plan. • There will be a learning curve if staff was assigned to the project,because it will be involved things that staff has not done before. i.e. landscaping, analyzing user relationship with facilities and creative design concepts (more than one approach). With a park architect,there is n learning curve. Park architects have the experience and technical knowhow to do the project in much less time. • The Engineering Department is involved with numerous road projects. They recently lost one engineering tech due to a resignation. If a person from that department is assigned to the project, another project may have to be delayed. • The drawback to using park consultants is they are expensive. Money used for consulting services reduces the scope of the project. However, an inexperience staff could offset any savings to a project if it is not done right the first time. • Prairie bend Park is surround by homes on three sides. The neighbors will be very sensitive to where things are located within the park(NIMBY). Having a third party (park achitect) involved reduces any influence or biases that City staff may have with the plan. • Lastly,the Prairie Bend Park Project can be a good project for staff and Council to evaluate in terms of cost effectivness and neighborhood acceptance. Using a park consultant for these types of projects, may be more cost effective than adding staff with certain expertise. Unlike road projects, which are, in some cases perpetual,park projects are short term and each project will be different. ALTERNATIVES 1. Have staff design and develop specifications and manage the construction phase. 2. Hire a park consultant to do the design work and manage the construction phase. 3. Hire the consultant to do the design work, but have staff manage the construction phase. 4. Table for further information from staff. 5. Do nothing. STAFF AND PARKS AND REC ADVISORY BOARD RECOMMENDATION Alternative number#1. At its April 28, 1997 meeting,the Parks and Recreation Advisory Board recommended the City Council approve the hiring of Brauer and Associates, Ltd. for the design and specifications of the Prairie Bend Park and oversee the implementation of the construction phase of the project. ACTION REQUESTED 1. Move to direct the appropriate City officials to enter into an agreement to have Brauer and Associates, Ltd. to provide design specifications as listed in paragraph A.1 through A.4 of the contract for Prairie Bend Park at a cost of$2,550.00, including expenses, with funding to be allocated from the Park Reserve Fund. 2. Move to direct the appropriate City officials to enter into an agreement with Brauer and Associates, Ltd. to provide services listed in paragraph B.1 through B.3 of the contract for services for Prairie Bend Park at a cost 7.5%of the construction cost of improvements with funding to be allocated from the Park Reserve Fund. • Ex4''bt _ rai- ___......... ....., x1 ' hII • vI_ _ i e M0M�3S A NIM$7W 8 t p,/uw 3w A 31011Sv7•• y1'a1•£1 _-- , 3.49..11.105 ism 1� o- CCM • g 1�' lt'sal �I tat i i Mt I 1 �sIt�1 o I � �� p , �p 1' a w� -, , los ,by41•• 7,t0.1C s 14 , UI h F I. yy p 41 J I•Q! O M CQ.•.wyW I J, 1 •♦,, sv1"1 W W `�" Z LI .7 .... .6 r: 1 h .r_ w s 15. S V 1' ? 4+ = •� t. 8 C� r ^ .. .' �I r - - �1 bxh a4 Y t hiy `+ L 'J• 1� 0 . I xis z 1 ady ; = I ♦ 1M2 v ix • A M p'ham 1t•1 10 gni I3m �h G -,7 I 1�1 0 �•a y p i `.1 OMv WIWM 3 w1.1))ltvwl t • • - : �..o.o,.a7wrsv7�svl 17uEI_h '.. :i8 '. �d t 3- aocn ITV)7w p Val 1s7•-! &s l 1� ril, 0► r.rl h L 1771 1►Ow soot of_ r „,y y► 1. 4l 7. V13 I V llierAlltptirik '' I.% L' 15..1.0 OL'661 -- ------ rs-- -- 14x1 i., M•L1,1S•ION 18.OUL - _ 11.......„.1::) 1. 11A.,tall ir-WM-. rip Ella /bill. 43. .,Xi9 ....: ...i. , i• " 1 dIP% ^ qA M, 1 X 3 �`DI I 7.00.1 LOOS • ii`A\r coo..: 1 ic-00: j02 '4 . "Itr .1 74(2 ' ((�� Ar h`�7 2 K• 7MAco-t 1g'” 13 bi x VW1 O CLI 1 NI4 C a I 1. ^ a 4, soil •• x h I.- .F \l c aC " a I ;kill.G ppppy 0+ C W,Y O J• It ' I M•50,9�OON V i �g1x a lbw 8tV *4 / Ohl o�l`< —� �VI el �v.. NI • w�i 8 Z. °► _ ,`' • IY' M.ISI,BZ.00N os'SLO/ -00'1" 71.Z. 1 I 1 ► 3s 7M A c/IN 7M1 Zr ./ p11037M1A% A XX Cr• ili gi \ LAND USE PLANNING AND DESIGN L xk ;+,•BRAUE April25, 1997 & ASSOCIATES, LTD City of Shakopee 1255 Fuller Street Shakopee,MN.55379 ATTN: Mark McQuillan RE: Professional Services Proposal-Prairie Bend Park B&A#97-1-121 This letter proposal outlines a scope of services,fee schedule,and other elements which, if approved,constitutes an Agreement between the City of Shakopee,MN.,herein referred to as the OWNER,and Brauer and Associates,Ltd., herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide professional services required to complete the design of park improvements,for the proposed Prairie Bend Park,located the Prairie Bend 2nd Addition,Shakopee,Minnesota, hereinafter referred to as the PROJECT. The CONSULTANT'S services and fees shall include normal design and planning services as follows: A. SCOPE OF SERVICES-Basic Services Master Planning 1. Project Focus Meeting This focus meeting with the city staff will concentrate on the issues and needs surrounding the park development. Anticipated Work Tasks: • Meeting staff and others to finalize the scope of the project,discuss the planning process, and establish a fmal project schedule. • Determine the extent of the information available about the site. • Preliminary assessment of issues surrounding the project. • Establishment of park program. Anticipated Task Product: A brief letter report confirming the scope of the project,the planning process, project schedule, and a preliminary outline of pertinent issues and the park development program. 2. Preparation of Existing Conditions Base Plan Prepare an existing conditions base plan,from information supplied by the Owner,for use as a base for the design process.This base plan shall be prepared in AutoCAD format. City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 1 Project#97-1-121 7301 Ohms Lane,Suite 500 Minneapolis, MN 55439 Tel(612)832-9475 Fax(612)832-9542 Anticipated Work Tasks: • Collection of data and mapping availible from the Owner and other agencies. • Transfer of information to digital format. • Field inspection of site to visually confirm the information supplied and mapping produced. • Preparation of base drawing to be used though the master planning portion of the project. (Depending upon the source and quality of the information supplied, a field survey of the planning area may need to be completed prior to final design of the improvements). Anticipated Task Product: • A base plan illustrating conditions existing within the planning area shall be completed. (This base plan shall be availible to the Owner in digital format). 3. Preparation of Alternate Schematic Concepts Using the adopted program and site information,the Brauer team will prepare alternative schematic concepts for development of the park.The schematics will essentially turn the development program into a variety of physical relationships. Anticipated Work Tasks: • Preparation by the Brauer team of three alternative schematic concepts that explore various design solutions. • Preparation of rough cost estimates for each schematic concept to illustrate range of costs associated with their development. • Presentation of schematic alternative plans to the Park Board and citizens,(one meeting). Resultant from this meeting will be an adopted schematic plan derived from one or a combination of several of the alternative schematics. • Anticipated Task Product: Graphics that describe the alternative schematic concepts and construction cost estimates. 4. Preparation of Preliminary Master Plan Task Overview: Using the adopted schematic concept plan, the Brauer team will prepare a preliminary and fmal master plan(preferred plan)for the development area. The master plan will represent the design solution that best responds to the needs and desires of the city while remaining within the their ability to fund the project. City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 2 Project#97-1-121 Anticipated Work Tasks: • Review and analysis of previous fmdings. • Preparation of a preliminary master plan.This refines the accepted concept plan by clearly illustrating the relationship of each use,activity area,and facilities/site amenities. • Presentation of preliminary master plan to the Park Board and citizens,(one meeting).. • Preparation of a final master plan based upon accepted preliminary master plan making revisions to the preliminary master plan as required. • Preparation of fmal master plan construction cost estimate. Anticipated Task Product:Master plan graphics,construction cost estimate and supportive text. Product : The fmal product of this master planning study shall be one rendered and mounted display sized copy of the fmal master plan and related graphics suitable for display. B. SCOPE OF SERVICES-Additional Services-Design 1. Final Preparation of Documents for Bidding and Construction. • Preparation of Design Development Documents The Design Development for items and areas shall include the preparation of written text, plans and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. A preliminary engineers estimate of the cost of these improvements shall be prepared from these documents.From this estimate the OWNER shall determine which of the improvements shall be included in the final phase of design,(Construction Documents). • Preparation of Construction Documents These documents shall include plans and other drawings as necessary, as well as, specifications in sufficient detail for the OWNER to pursue competitive bids for the construction of the improvements.A final engineer's estimate of the work shall be prepared for the OWNER'S use in comparing the competitive bids received from contractors. 2. Bidding or Negotiation Process • Aid during the Bidding or Negotiation Process shall include answering bidder questions, issuing addenda or other forms of clarification during the process,organizing and attending contractor pre-bid meeting,attending the bid opening and aiding the OWNER in the fmal selection of a contractor. The CONSULTANT shall also be available to attend the city council meetings for approval to bid and the award of the construction contract, at the OWNER'S discretion. City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 3 Project#97-1-121 3. Post Design Services • Construction Observation Services shall include weekly site meetings held with the contractor and the OWNER to review construction progress.Construction progress reports shall be sent to the OWNER and the contractor following each visit by the consultant.These reports shall indicate progress made in the construction since the last visit and shall describe verbal directions given by the CONSULTANT,deficiencies in construction,etc..Processing of contractor payment requests and development of change orders shall be prepared for the OWNER. Substantial completion and fmal inspections shall be attended by the CONSULTANT and punch lists developed as required. A one year contractor guarantee inspection shall also be organized and attended by the CONSULTANT and a guarantee punch list developed C. FEES FOR PROFESSIONAL SERVICES 1. For services as listed in paragraph A.1 through A.4 above,Lump Sum Fee of Two Thousand Five Hundred Fifty, Dollars,($2,550.00),including expenses. 2. For services as listed in paragraph B.1 through B.3 above, the fee shall be 7.5 percent of the construction cost of improvements, based upon a construction value of$175,000 or less. All expenses,except those listed in paragraph E.,OWNER'S RESPONSIBILITY,shall be included in this fee. D. PAYMENTS TO THE CONSULTANT 1. Invoices will be submitted to the OWNER on a monthly basis in proportion to the work completed. 2. Payments on account of the CONSULTANTS services are due and payable upon receipt of CONSULTANTS invoice. E. OWNER'S RESPONSIBILITY I. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as,but not limited to,title opinions, interpretations of agreements, covenants and laws affecting the PROJECT,advice and assistance in processing applications,review and preparation of PROJECT agreement documents,participation in presentations to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. For Scope of Services B.1.and B.2.the OWNER shall provide the CONSULTANT with an accurate base map illustrating all property lines,property corners,easements,rights of way and other legal issues, existing utilities, vegetation, pavement, curbing, and other surface materials. This survey should also include 1 foot contour elevations and spot grades,as well as a permanent bench mark. This base map shall be provided to the consultant on 3.5"diskette in AutoCAD R13 or compatible City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 4 Project#97-1-121 format. • 4. Providing all soils engineering/borings and engineering geotechnical testing required for the project. 5. All expenses involved in the printing,advertising for bids and distribution of fmal construction plans and specifications. 6. All expenses involved in federal,state agency or local permitting,plan review,etc.for the project. F. NONDISCRINIINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color,religion,sex,national origin,physical condition or age.The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race,color,religion,sex,national origin,physical condition or age. Such action shall include but not be limited to the following: Employment,upgrading,demotion or transfer,recruitment,advertising,layoff or termination,rates of pay or other forms of compensation and selection for training including apprenticeship. G. CONSULTANT'S RECORDS,DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees,design calculations and research notes in legible form and these will be made available to the OWNER,if requested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public,and from claims for property damage. 3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. One copy of each drawing shall be provided in reproducible form for use by the OWNER,but the original drawings will remain the property of the CONSULTANT. H. TERM,TERMINATION,SUCCESSORS AND ASSIGNS 1. The term of the Agreement shall be concurrent with the work authorized. 2. Termination may be accomplished by either party at any time by written notice,and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself,its partners,successors,assigns and legal representatives to the other party of this Agreement,and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 5 Project#97-1-121 I. EXTENT OF AGREEMENT AND APPLICABLE LAW This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations,representations,or Agreements,whether written or oral,with respect to the PROJECT. This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement,this_day of . 1997. CITY OF SHAKOPEE 1255 Fuller Street Shakopee,MN.55379 BRAUER&ASSOCIATES LTD. 7301 Ohms Lane, ' .• 500 Min›� v sofa 55439 deiojw Ii//'. prr C:".: :USINESS\PROMO\97-1-121.SHA\CONTRACT.WPD City of Shakopee Prairie Bend Park Brauer and Associates,Ltd. Proposal 6 Project#97-1-121 Y. , , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: CAMAS Minnesota, Inc., Shiely Division - Environmental Assessment Worksheet (EAW) MEETING DATE: May 6, 1997 Introduction: State statute and Minnesota Environmental Quality Board (EQB) rule 4410.4300 Subp. 12 (B) mandates the preparation of an EAW for non-metallic mineral mining of 40 acres or more to a depth of 10 feet or greater. Once the EAW is prepared the City (as RGU) must publish notice in the"EQB Monitor" and distribute the EAW for review. CAMAS/Shiely proposes limestone quarrying on a 106 acre parcel of land east of its existing quarry. The mining operation would disturb approximately 64 acres in the center of the site. The project site is the subject of a conditional use permit (CUP) issued by the City of Shakopee in 1984. Amendment of this CUP would be required before mining could commence on the site. A draft EAW has been prepared for the proposed project. If the Council approves distribution of the EAW, notice would be published in the"EQB Monitor," at which time the 30-day comment period commence. At the end of the 30-day review period, Council would review the comments received and make it's actual determination on the EAW. Alternatives: 1. Authorize publication of notice of the EAW and commencement of the review period. 2. Do not authorize publication of the EAW. 3. Table the matter for additional information. CAMASEAW.DOC/RML 1 Action Requested: Offer and pass a motion to authorize publication of notice in the"EQB Monitor" and distribution of the draft EAW for review and comment. Council is not asked to approve the EAW at this time, as it will be brought back after expiration of the review period. /17‘ , R. Michael Leek Community Development Director CAMASEAW.DOC/RML, 2 April 18,1997 Page 1 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) This EAW has been prepared to disclose information about potential environmental impacts that may be associated with the proposed limestone quarrying project. In order to frame the impacts and the mitigation measures associated with the operation of the proposed quarry, information will be included about the existing quarrying and processing operation which is located on the adjacent parcel to the east of the proposed project site. This EAW will also include information about the industrial development on adjacent properties and as a potential industrial use on the subject site. The focus of this EAW however, is the proposed quarry, not the end use. 1. Project Title: Shiely Shakopee Quarry 2. Proposer: CAMAS Minnesota, Inc., Shiely Division Contact person: Bob Bieraugel Address: 2915 Waters Road, Suite 105 Eagan, MN. 55121 Phone: (612) 683-8123 3. RGU: City of Shakopee Contact person: Michael Leek Title: City Planner Address: 129 Holmes St. Shakopee, MN. 55379 Phone: (612)445-3650 4. Reason for EAW Preparation: ❑ EIS Scoping •Mandatory EAW 0 Citizen Petition ❑ RGU Discretion ❑Proposer Volunteered If EAW or EIS is mandatory give EQB rule category number(s) 4410.4300 Subp 12 (B)Nonmetallic mineral mining of 40 acres or more to a depth of 10 feet or greater. 5. Project Location: County: Scott City/Twp: Shakopee Legal Description: Part of the North 'h of Section 10 and part of the South V2 of Section 3, Township 115, Range 22. Attach copies of each of the following to the EAW:: a. a state map showing the general location of the project; b. a county map showing the general location of the project; c. a copy of a USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries; and d. a site plan showing all significant project and natural features. (Figures 1 - 3) V i 93'30' • ? - •OA H E NNE PIN C O• IAMES W WIWE 7•N'5 N :? .1,,.;,_'• `::..'. REGIONALPARK • (� ?' EDEN PRAIRIE `�:•'`•:���— •*)!......Ottiry. :: : sMir— 3 s.t. — •'t't - �:at�:'•:Y:`}�'` }..% ?,��a ^t:•.y:::- •` ter_'` :�• .. �•`.•5�=`' '•`i;�••E\,}':••.ta:4.:ti /" , ..‹._.......x,?-'..`• .. i� ��-:,c a. ').C„:'� . •t,.::;1'-------------_____•- --\ : lt✓ •<,''-i, : fl..U._ _ �/—_�.� • • #:::23.2`3i'i •I,wwww.wwwV `�:,?;, . ---1 C� _ \.' .419,7—e1.-` , `+Cat ,.t;,tt,4^v. ^ @) �_ •I�0I��O EAU. * fAU.* ` Ail ,' - ' . =C`c. .M AVE j ,41.1 ',ice 64. *fI ; :.. ; ��' m. PROP SED PROD! `-`-`8.�. I bi:), '�:r. - MN IMPON1.111r 1,10 SHAKOPEE • •l• ©llkk\N.4 ;} ' , • `iAl `::, FOC 11,131 1111/4; • `XR 1 7 I �, .-°-;___. -o- —7-7;— _ *t'111�-r rr�s�* ••w• 7 4� ,,,/,M: M: I i. •c•.... M0”"' .� —t t*r r_ r r�r-,•*t�rt� •,11-1,-.4z.:1_x. r=* * *_*_r ,r•,oRte.....,�\� r� • • •—r'--r * t-.,y.=`=*ter .--------::::'--.--.'" --"....----1*.‘ * • \`` • • • r • — •T :,# �� t �I • • 13 Iww Auw :_ „:„..• •.w 1 �,tl ` . t - ii s ...iii: JuaM c • ?A^ �:gin, G :J^ . v -_ `ii_ : ^`if- tae h rr " ia a5'? 23 4� 1 ,,,__,..i_.<.• r r r —r— rr_r—r • • t.: 1.�.. + 9 rt r: t 1 PRIOR LAKE I ("Pike- © '' • --• __>'}::: ... .•[. kis FAA NOM St l� -© - vir-0.Pv'v'ih!}”}} t:>:%{O}^^• _ ;/. .•tT�\ `, yV.EAu. •.ani::.; • _ - - - - - - - - - - - ' r..,5.-. - - r- :,.,:: :::o,,> • :...==.---r--. �' = 25 -i '1 1} • s • ' , PRIOR LAKES ;h i _ • c •29 y„• -, . INDIAN RESERVATION 1 25 _ :8�, I�f...... -1,---=‘•-•• l Z�., 'z - .S 1 27 I• , IOf. ion - '=' .---,•?;./. : li' '�_ --,.:,_- _,---.*-,..4--4,-......... vim:-^. • -- i.. d .1 .-:!} ID }tet�7,;� ' Mgt Schneider-� R I':x.: • • ' .•`"ta^* I- 111 , _ ._.�.} 14i 3}� I; .31 ".;',11'. •J\� _ a.ni .r. ,,f'A.0 ^� �•6wr Erg 31 ,im 35 tl. ' • Nt:i • •.-.�I• �\• ' 'Rata.PARK '^ \ r+�. W,tor.se I • $.,' y �. - _ /// ::: ':.i L� 1.1 :xi.,:::%ix;#2ot+:'#-n-:t."r,,..,Ssa,;.r51 I ..i,}r',: r'. _ -,..* • _a }^b`, 'i...M.:3:;#:•:::t '.:Miik'Al• wi` i::':''-' .�'.-��.=.Y « 's iCt'.%i r}r __ 4;,� ,A,IMM St t� , "' !� • - _�-� _li-__-_�_•ii • +C� • .a�lw�r�r..�t ©EAU. _ t_©.A_ _ • • • • 1- Y // •�• • m I werd. ���.., • 'E<%#i. / dce • II/ •p419rL I t I: • l'i• • �r '2,/ ,� r1 f: iii 21 Z" 'IA.I••ii, i 21 j � • •ice Campbell i _ _ i� ��• 3` ...... ..�� R ® 'rO-•... v• •41 GENERAL HIGHWAY MAP SCOTT A ,_ COUNTY _ MINNESOTA _ •" O Ili r-1 MINNESOTA DEPARTMENT Of TRANSPORTATION 1 1-�" 7!(7Ri1CAL C1VI90N ',.. 1 p%- ,/ US DI'ARR7m?OFA N -41...,i.;-_-1---t. SCALE OF STATUTE E MILES 1, A o 1 ,• I—� I —1 I 1 1 1 .I 1' 1 '1 • I. i '. Ali 1993 •.. SASIC DATA 1978' A FIGURE 1 r c : 111M ,, ' Y }: _ •1 a =Lake � ft.` ° j Gfaa Baa _���?=:<j / ,\, ) I, 697 � ` _ _- - - .. L �. ` -, __ f..71.7.477-=,-1-4-7 / ^ \ - "` __ �� 700 - _ ‘ _.-�_'-•�'___-_'-N i <___, / $ -�`'. , • • mss= __.---------=..: _ ``"\��-� N -scaa M ...,gatelle_r---- \ 0 . . rx,.., , ,,:.....,.,...„.„. ,:, ....., . 1 cz -- onr-_-_,• ;;.,),..11' • ' a 700 �1 t� -a- Water Tan =\ N • • -• • �Waterwork513 ___ve. ,_.:.`,/„." ._:',5_.', _„",4,7 " f • 1 ,,,4ki, \ --7N---__ =,....,t71,..„- „I.. „...,.4 .., ye.;„.3„....;_ _ . • . • I giiiiiimiiimt::...:.:::.:.:.... , _ ma._ .,jAwarli or..'-...--.- 11..i....iii_........ '7 0 \ 6 I_alio -1 -r, - _,410 4,„4,46,... ..4„. �\,,, _-------y.,---- „._-_,---,., i D — ► ! �I li ,%� -- 7,•••,- Qom/ _ yea 10* p �! `�71, �•6 "_ i ,- -- ,, •,a. it driajkohlt ..,_ ,___ kAp..%, A& ;or i ' 11111 s.N_ -=_:__:-_--,-.:._ __-7.--,---., lir -‘iiiiir Ca q tt* AI ° Li• Z-41 1y • R ° � 1 a . 16° aPirk Tit. - .(Y1** ---4- 7-!-'1. :P .;.;:*5413 I ° NIIIIr 7 10 ' -..4. 1 J _ '�1 -V- ac lity)','''-'" 11"--1 L. -..L,_ o 0-4. (),_° a P- Worm :sr - :Sits ...T. .. e:k;s,-.-3:-v4f,r,, '' .,,_ g'•• • '- ----...--7.7_-_----------—_-_-_-.: --ik. 4" ..4i,_ ai I ‘*.-1‘v ., illarribq .. I - eiz .,o°. a _--.-4- 4- ,A- �_3 * . MN GN UNITED STATES MINN. °`19- 53 MILS DEPARTMENT OF THE INTERIOR 6 Mei GEOLOGICAL SURVEY • QUADRANGLE LOCATION EDEN PRAIRIE, MINN. UTM GRID AND 1993 MAGNETIC NORTH 44093-G4-TF-024 SCALE 1:24000 DECLIVATIONATCENTER OFSHEET 967 I i— 1 ,— i--1 1 MILE REVISED 1993 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET DMA 7373 IV SW SERIES V872 I--( I-4 1-4 I I .5 0 1 KILOMETER I--1 H 1--1 I-1 I-4 I 1 CONTOUR INTERVAL 10 FEET FIGURE 2 NATIONAL GEODETIC VERTICAL DATUM OF 1929 I i I I ' 'l Ire' __, ,,, ..._ _ _ r.i.„.i441. .,, „u.,. +_,r 4i ir Ire,- � � �,.--��- -, �, • r S' 1 11:V '''''''' .. , it Ccel ii:•,.2:.'-7-,.„, P4 Pi . l d�� .I 7,�� �,+ I, .,v' 1^a �,,� /Ii 4 S' , All. V 1 / fi�r,r `1�; KO „i''''• •� ---f/I'/�I _ ko 111 5 2 M.8 lit vt• g. `/,�/ / � ! iy: . 1`r;',�//'r,iu> ..�yu< e_• :./• 11, ilk': x !11 ,� Ey_ Y g 9// J /f 14 .� ; - , ;,`,10, /It,4,..,., & , ., , 1,,,,i„„,,,,oi '4I1 Niii 0.0 ,, V.,/_i .'..;7.,13 ,_, ---...?..:,_ 4c_ if, + ' .,;::,;,-; 'Nil, 119==, I/air- li .1%,,,,,;, -' be`”p._ 41/ ti 4t 0 ' :-"lt , N\\ S .01 a 4 _ v /// :,';' , - ,.4,)k.,,. ',1 °-_,,<, # 1 ,i Al •wo . 1 ) f di Ye --P-6- 13 .+ la ,.,:•7:011 \ A I I) 4 ..:, ,e, ,,, ,...„,., -,„_,,,„-_,_..„.„,„,.... _ _,_ ,„ ,, , 1, ,, V . _ • .,..,.',L...---_,..,-- r w/ ...r."1.7.,...-7214_____ ,„_--, .:,--,--is .'— U1 ,./ f+Tl . 1 ii,,, ,I.F.,,..4 ,,tro:-...-- -Ill ' N. 1 ,,r 1 - .., rilea A 1411A11....11 ---k .t1 4.11110 j C/'I _i . ! /,Y.J'1,:,141%/ j/ht lar drfigi „A -�lP ° rr ' L♦I1Z- •y � ° liti+ k.---Tr.- ... .C: ).),1 . P VI iLf. "UP • 1 ci,,f ,, X11/,” c ° r , JN. 1 ri . 1 lig!114I' C , e rrl ; � cr, ° 1 x. En , ° ,k C 1 1 i /. . .: ' ., , 1 . rn . et . • ; .4, , .... SiCliooci) . ...!...„....,„.„ :" 1 , • I "it ° . . . -situ ,, _ ___ ,,,, , , ...., - no 17/ 7 i . . , r//. 1 trn, N o _,,,, o ////p. (J•i 7,ti, .,\,,_,_, �+018.)ifil,s0011 0 _ . iiiirc.-T--°'r\on, A A 04 . .°-'''it,* C)O 0\ , • • ,01, Ci /I ' 4 ! gi irmi ,„4,r, II of'o j1 • � /II .I�—�`� w April 18,1997 Page 5 6. Description: Give a complete description of the proposed project and ancillary facilities. Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The proposed project is a western relocation of an existing quarry to a 106-acre parcel of land, owned by CAMAS Minnesota, Inc., Shiely Division. The existing quarry lies to the east on the same land holding. The proposed quarrying process will disturb approximately 64 acres in the central part of the site. The quarry will be surrounded by 42 acres of undisturbed area together with manmade berms planted recently with deciduous and evergreen trees. The Applicant is proposing to commence quarrying operations in the spring of 1998 and continue for approximately fifteen years. CAMAS Minnesota, Inc., Shiely Division is also the owner of the existing quarry and processing operation immediately east of the proposed project site. Shiely is following the limestone resource in the area, but must skip over an area used for a drainage ditch and trunk sewer. But for the ditch and easement, the expansion would be contiguous to the existing operation. This existing limestone quarry has been in operation at its current location since 1961. A Conditional Use permit including the west project site has been in existence since 1984, but its terms require amendment before mining activity can occur in the western location. Quarrying in the existing cut will be suspended shortly after the proposed expansion area is opened. The processing plant which now serves the existing quarry will be left in place to serve the proposed new quarry as described below. Quarrying operations as described by the Applicant, (Figure 4), involve the following basic elements: 1) Site preparation, 2)Resource Removal, 3)Processing, and 4)Reclamation and End Use Development. The first part of site preparation is overburden removal. On the proposed site the overburden is approximately 30 feet thick and is made up of sandy soils covered by a thin layer of sandy topsoil. In the first few years of quarry development, in addition to the area excavated, a portion of the perimeter will be disturbed in order to build the landscape berms and plant trees. It is anticipated that an average of five to seven acres will be stripped of overburden each year. The overburden at this site is a good fill material and, it is expected that 200,000 to 300,000 cubic yards will be sold off annually for construction projects. Topsoil will be stockpiled for reclamation. Resource removal involves drilling and blasting and the use of large loaders and haul trucks. Holes (typically 6 inches in diameter) are drilled vertically into the limestone to a depth of approximately 45 to 50 feet. Several holes are filled with explosives and detonated with each"shot". The fractured rock will be removed from the quarry floor using large front-end loaders and carried by 50 ton haul trucks to the existing processing plant. The quarrying operations will be conducted during daylight hours, Monday through Saturday. It is anticipated that this quarry will yield approximately 11 million tons of limestone to a depth of 620 feet Mean Sea Level (MSL). Processing of limestone products will continue to occur at the existing plant on the east parcel. The Applicant will use the existing haul road to transport the quarried materials to the processing plant. There will be no change at the existing plant site as a result of the proposed new quarry. Processing involves crushing, screening, and washing to produce products such as road base, concrete aggregate, and agricultural lime. • k a14 8 w [it'z • O A tsci w CA .101 0wPo � 11.-11 a o gl //// // s., [1! — g I. _.... Milli --„,.. -_---__... ___----..c..._—. —EFT = = ---= = :-.— r ' ..--" ,__........—.\—iii: ,: I i, ro1. o _________,). 410 --...\.?„, - I • Q 124 i Yui 1 i / 1 1 1 CI CI C1 g 16 E. ra I 1 ,_..__A Q ol y a 1 p l ,. w If 1 In )//' rr r! Ii PE I A Mi) 1 — c t 6 . ---- _ // 9nNa RIM Awn __ -- f----__7 Ipfl/I( April 18,1997 Page 7 A significant percentage of the raw limestone is delivered to Superior Minerals Company(an on-site tenant/customer) where it is milled for use in the roofing shingle industry and as a soil conditioner. The Shiely aggregate processing plant and Superior Minerals often run 24 hours per day seven days per week. The reclamation of the quarry(Figure 5), will involve the establishment of slopes around the edge that average 33 percent. In the end use, the quarry will become a deep, clear, cold water lake. The end use water's edge will be reclaimed with a variety of landscape/waterscape features. Portions of the quarry edge will be developed as shallow water wetlands which will provide a visual variety and wildlife habitat. Portions will be developed with a shallow underwater grade to a depth of six feet. The water depth in the proposed lake will be 90 to 100 feet. With the proper attention to habitat requirements, it could be made suitable for lake trout or other deep water fish. The proposed quarry operation also leaves enough area in the northwest and northeast corners for separate freestanding industrial developments. It also leaves a 200-foot buffer along the west side which could be combined with neighboring property for development. The Applicant has recently platted adjacent property to the south for industrial development. Following the 15 years of proposed quarrying, these industrial properties will have frontages on a 58-acre lake. 7. Project Magnitude Data: Total Project Area (acres): 106 acres Number of Residential Units: 0 units Commercial/Industrial/Institutional Building Area: Not Applicable Indicate area of specific uses: Office 0 Manufacturing 0 Retail 0 Other Industrial • 64 Acre Quarry Warehouse 0 Institutional 0 Light Industrial 0 Agricultural 0 Other Commercial 0 Open Space ■ 42 Acre Buffer Area Building Height(s) 0 8. Permits and Approvals Required: List all known local, state, and federal permits, approvals, andfunding required: Unit of Government Type of Application Status City of Shakopee Rezoning Pending City of Shakopee Conditional Use Permit Amendment Pending MPCA SDS/NPDES Storm Water Existing to be Modified MPCA Air Permit Secured MDNR Water Appropriation Existing to be Modified L z11.4 oz L! z Cl 0. 0 `� a z z 2.1 Frn imi IV '^ A III( 1,l 1,1 O. W L 0 'a o z - xMg w Urns _ / /, � Li � - , ui, E4 7 : _, u __ , i_ -•''' '— 72)7 ---1---- -'•-- e_s_. -- __-.-.1\- ___-.1_,...7___ __________).. r-LrJ : c _ _ 11IMS ...44 .. i 4 j5i ' �, ^ 0I a. a ---\K--• :: 1 ill • , •..,0 I N . ,, 1 i 1 i 1 ili ' '115' I g ' l I 0i 1 p / i• 1 > Ig 0 1 co 1L a., _ -- -- - -- --- as = IE;;ZL::J h , c,i M /) + — - -_ 73111141 31111,41 An79R1VA — - -- April 18,1997 Page 9 9. Land Use: Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. The proposed project site is currently vacant, with the exception of a small air strip and shed which is used by a remote control model airplane club. The site is also used by the Toro Company as a proving ground for their lawn care equipment. A portion of the site was used for stockpiling overburden that was removed from the existing quarry operation located to the east of the proposed project site. A large portion of this overburden pile has recently been removed. The remainder of the pile(approximately 50,000 cubic yards)will be removed by the Applicant over the next few years. The southern portion of the proposed project site was once owned by the Kawasaki Company and used as a test track for their snowmobiles and motorcycles. The proposed project site and surrounding properties are a mix of commercial and industrial uses that are consistent with the existing I-2 Heavy Industrial zoning. The Applicant's existing quarry is approximately 60 acres in size and occupies the central part of the 128-acre parcel which is immediately east of the proposed project site. The Chicago &Northwestern Railroad borders the proposed project site on the north. North of the railroad are these uses: Elk River Concrete Products, Model Stone Company, MAPCO, Raceway Park, Liquor Warehouse, Case Equipment Company, Camp &Boat Sales Company and Mobile Home Minnesota. To the west are the facilities of the Conklin Chemical Company, the Shakopee Public Utilities Commission well and pump house, and Chemrex Inc. Businesses located west of Valley Park Drive include: Brambilla's Inc., Shakopee Valley Printing, Valley Green Business Park and tenants and Tsumura International. South of the project site is the new Valley Park 13th Addition, an industrial plat (currently vacant) and Northern States Power. South of these uses is the new Highway 101/169 Bypass. The Prior Lake Drainage Ditch bisects the Applicant's property, separating the existing quarry and processing operations from the proposed project site. The Metropolitan Council Environmental Services has an easement for a large sanitary sewer interceptor line which parallels the Prior Lake Drainage Ditch. The existing quarry has coexisted with these neighboring industrial uses for more than 30 years without serious conflicts. The environmental concerns typically associated with quarrying operations are vibrations from blasting, noise, dust, truck traffic and unsightliness. At this quarry, since there is a requirement to dewater, groundwater interference is also a concern. These concerns are discussed more completely elsewhere in this EAW. The Applicant has indicated that there are no known environmental hazards from past land uses on the proposed project site. In 1990, Shiely reported a leaking 10,000-gallon underground storage tank on its adjacent east parcel. The tank was removed and the site was remedied under MPCA supervision. The site was declared clean on June 24, 1992. April 18,1997 Page 10 10. Cover Types: Estimate the acreage of the site with each of the following cover types before and after development. Before After Types 2 to 8 Wetlands 0 0 Wooded/Forest 4 8 Brush/Grassland 102 40 Cropland 0 0 Urban/Suburban Lawn Landscaping 0 0 Impervious Surface 0 0 Other(Open Water) 0 58 Total 106 106 The site has been extensively disturbed for several years by equipment testing by the Toro and Kawasaki Companies and by quarry overburden stockpiling and subsequent stripping by Shiely. 11. Fish,Wildlife, and Ecologically Sensitive Resources: a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. The proposed project is located west of and adjacent to the Prior Lake Drainage Ditch, and approximately one-quarter mile north of a wetland complex that has just been substantially altered to accommodate storm water from the new Valley Park 13th Addition industrial plat. Because the project does not include either the wetland itself or its watershed, it appears unlikely that it would be directly impacted by the project. According to the groundwater report submitted by the Applicant, both the ditch and stormwater pond are perched above the regional groundwater table (see Appendix A). They should, therefore, not be affected by changes in groundwater levels or direction at greater depth. The groundwater discharge to the ditch will continue at rates similar to those experienced in the past as described in the Applicant's groundwater pumping analysis. This will continue to feed the clear, cold water to the ditch and to the downstream wildlife refuge. Inadvertent damage to the ditch by discharge of suspended solids has not been a problem, according to monitoring reports and visual inspection. Since water would now be pumped to the old east quarry before it is discharged to the ditch, the possibility of discharge of suspended solids will be even less than at present. The USFWS's general water management plan for Blue Lake (1988) noted a concern that Shiely might stop pumping and thereby cause water levels in Blue Lake to drop. The plan concluded that upward seepage to Blue Lake would be adequate to keep lake levels high, even in the absence of Shiely pumping. April 18,1997 Page 11 The oak forest habitat on the NSP property will also be unaffected by the proposed quarry. After mining has been completed, the resulting lakes will be suitable for fish, waterfowl and other aquatic plants and animals. b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? YES ■ NO ❑ If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted Describe measures to be taken to minimize or avoid adverse impacts. The Minnesota Natural Heritage database was reviewed by the MDNR.No rare or threatened species were reported to exist on or near the project site. See Appendix B. The Savage Fen is about 3 miles east of the proposed quarry site and the Boiling Springs&Eagle Creek, are about 2.5 miles east. The Applicant has recognized that prevention of groundwater impacts to these resources is a major concern of the City as well as the MDNR and other agencies. To avoid lowering groundwater levels, an unusual approach has been taken to managing groundwater. The old east quarry will receive the pumping discharge from the new west quarry. The Applicant's computer models indicate that the presence of this large body of water will"block" the eastward influence of the pumping and keep groundwater levels at the fen no lower than at present and possibly even slightly higher than at present. The details of this pumping arrangement have been discussed with the MDNR and are presented in response to Question 13b and in Appendix A. 12. Physical Impacts on Water Resources: Will the project involve the physical or hydrologic alteration (dredging,filling, stream diversion, outfall structure, diking, impoundment) of any surface water(lake,pond, wetland, stream, drainage ditch)? YES ■ NO ❑ If yes, identify the water resource to be affected and describe: The alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. The proposed project will result in the creation of a second lake in this area. The Applicant will continue to use an outfall to the Prior Lake Drainage Ditch from the existing east portion of the quarry. The dewatering for the proposed quarry will continue to contribute seasonally high flows of clear, cold water to the ditch and down stream through Blue Lake and eventually to the Minnesota River. The flow cycles and volumes from the proposed quarry will remain very similar to that of the existing quarrying operation. April 18,1997 Page 12 13. Water Use: a. Will the project involve the installation or abandonment of any wells? YES ■ NO ❑ For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number (if known). There are three existing monitoring wells on the site, identified as follows: Well Location Unique Well Numbers Monitoring Well#1 (North center of proposed project) 561717 Monitoring Well#2 (South buffer of proposed project) 561716 MDNR Monitoring Well (Southwest corner of old east quarry) The Kawasaki well was a water supply well that is now unused. The Applicant proposes to use it as an additional monitoring well during the life of the project. Monitoring Well#2 and the Kawasaki well will continue to exist through the proposed project and will be sealed in accordance with the State well code when mining is completed. Well#1 is in the proposed mining area and will remain until the quarry expands through it. Shakopee City Well#s 4 and 5 are located near the southwest corner of the project site; impacts on these wells are discussed below. b. Will the project require an appropriation of ground or surface water(including dewatering)? YES ■ NO ❑ If yes, indicate the source, quantity, duration,purpose of the appropriation, and Minnesota Department of Natural Resources(DNR) water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. Mining requires that the quarry be dewatered during the season of operation. The Applicant's existing MDNR appropriations permit#67-0172 will be amended to reflect the modifications to the point of appropriation and the point of discharge. This permit now authorizes Shiely to pump up to 10,000 gallons per minute (gpm) and up to 2,750 million gallons per year. Following the closure of the east quarry, which will happen within a few years of the commencement of mining in the west quarry, pumping from the east quarry will cease and the quarry will be allowed to fill with groundwater. Initially an area of about four acres at the west end of the project site will be quarried. The pumping rate from this initial area of the west quarry is estimated to be 4,400 gpm to dewater to the initial floor level of elevation 674. Within a few years, the floor will be lowered to elevation 620 and pumping will increase to about 6,800 gpm. April 18,1997 Page 13 The dewatering discharge will be routed into the old east quarry, raising the lake level to about elevation 732. This elevation will provide a ground water recharge from the east lake and will allow excess water to flow by gravity from the old east quarry to the Prior Lake Drainage Ditch. When the initial cut of the west quarry is dewatered to elevation 674, the net recharge from the east quarry is projected to be about 900 gpm. When the initial cut is dewatered to elevation 620, the recharge will increase to 1,900 gpm. For most areas around the quarry ground water levels will increase significantly compared to current levels. Limited drawdown will occur, however, to the west and northwest. As quarrying progresses from west to east, the area to be dewatered will increase and the pumping and recharge rates will increase. At maximum development of the full 58-acre area of the quarry to elevation 620, the pumping rate is expected to be about 12,300 gpm. Recharge at the east quarry will increase to about 6,300 gpm. Therefore, the net appropriation(withdrawal minus recharge)will be within the limits of the current permit with respect to rate. The maximum total withdrawal per year may be increased, depending on the duration of the mining season. Three types of impacts could be of concern from this pumping. The first potential impact would be to the Savage Fen complex, including Boiling Springs and Eagle Creek. A groundwater study of these resources was completed by Barr Engineering as part of the Alternative Urban Area wide Review Process in 1995-1996. This review process evaluated the steps necessary to preserve these natural resources as development progresses. The model used for the AUAR study was modified to reflect the proposed quarry modifications. Details of the modifications and modeling results are described in Appendix A. The report concludes that by flooding the east pit and maintaining the water level at a predetermined elevation, impacts to the fen and boiling springs can be essentially eliminated. The proposed quarry depths and east quarry water level were set based on the need to avoid all potential impacts to the fen, springs and creek. Therefore, these waters should not be impacted by the proposed project. In fact, the model predicts a modest increase in flow to the boiling springs and Eagle Creek due to the re-infiltration of pumped water. A second potential impact would be to Dean's Lake, a shallow open-water wetland located approximately one mile south of the site. In the 1970's residents of Dean's Lake felt that the quarry dewatering was the cause of low water levels in the lake. This was investigated in the MDNR permitting process for the quarry dewatering in 1980. A published MDNR report concluded that the pumping at the quarry had no discernable influence on Dean's lake. The fluctuations in lake level were attributed to variations in rainfall. A second study was conducted for Shiely by Sunde Engineering to determine if the quarry dewatering was having a negative impact on the lake or nearby residential wells. The report stated that lake monitoring wells reflected normal cyclical variations of the shallow water table. The present quarry has operated since the time of these studies without noted adverse impacts on Dean's Lake. The proposed re-infiltration at the old east quarry will also help to reduce any quarry impacts on Dean's Lake. Figure 2 in Appendix A shows that initially re-infiltration impacts will exceed withdrawal impacts in the underlying Prairie du Chien aquifer in the vicinity of Dean's Lake. Figure 4 in Appendix A shows that at full quarry development, underlying water levels will be higher at the east end of the lake and lower at the west end with the line of zero influence roughly through the middle of the lake. April 18,1997 Page 14 The final potential groundwater impact concerns City Well#s 4 and 5 located immediately west of the proposed quarry. The report in Appendix A concludes that the wells will continue to be functional even under the maximum pumping;the effect will be limited to slightly higher electricity costs (up to $200 per year) for slightly increased pumping head. c. Will the project require connection to a public water supply? YES 0 NO ■ Ifyes, identify the supply, the DNR water appropriation permit number of the supply and the quantity to be used 14. Water-related Land Use Management Districts: Does any part of the project site involve a shore land zoning district, a delineated 100 year flood plain, or a state or federally designated wild or scenic river land use district? YES ❑ NO ■ If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district 15. Water Surface Use: Will the project change the number or type of watercraft on any water body? YES ❑ NO ■ If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Ground water: minimum 20' average 30' Bedrock: minimum 25' average 35' Describe the soils on the site, giving Soil Conservation Service (SCS) classifications, if known. The soil types listed by the SCS for the project site are: Dg Dune land HdA Hubbard fine sand, 0-2 percent slopes HdB Hubbard fine sand, 2-6 percent slopes HeA Hubbard loamy fine sand, 0-2 percent slopes ZaB Zimmerman fine sand, 2-6 percent slopes ZaB2 Zimmerman fine sand, 2-6 percent slopes, moderately wind eroded ZaC2 Zimmerman fine sand, 6-12 percent slopes, slightly and moderately eroded April 18,1997 Page 15 17. Erosion and Sedimentation: Give the acreage to be graded or excavated and the cubic yards of soil to be moved: Acres = 64 Cubic Yards = 4.5 million Describe any steep slopes or highly erodible soils and idents them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. The fine sands on the site are highly erodible. These soils will be exposed and removed from the bedrock annually, several acres at a time, as quarrying proceeds. A portion of this overburden will be used to construct landscape berms around the perimeter of the quarry. These berms will be dressed with top soil, seeded with a grass mixture and planted with trees and shrubs. After these berms are established, the exterior slopes should be relatively erosion-resistant. Therefore, once quarrying begins any erosion that does occur will be on the exposed cut face ahead of the advancing quarry wall. This eroded material will be trapped at two locations: The first will be in the quarry sumps where the water will be treated in a manner similar to a stormwater detention pond. The Applicant's data indicate that this method has allowed the Applicant to meet water quality standards for discharge for many years. The second treatment for internally eroded material will be the discharge from the west quarry sumps into the old east quarry lake. This lake will provide a much larger detention facility that should result in a very high quality effluent. The possibility of erosion of the Prior Lake Drainage Ditch should not change since the discharge of quarry dewatering water will continue to occur at rates similar to those experienced in the past, as detailed in the Applicant's groundwater study. See Appendix A. 18. Water Quality/Surface Water Runoff: a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. Since quarrying will create a depression, the quantity of surface water runoff will be reduced. The quality of the runoff will not change since any surface runoff will come from the undisturbed parts of the property. The volume of runoff from the site is believed to be very low under present conditions because of the sandy soils on the site. During and after the proposed quarry operation, rainfall and snow melt will be completely self-contained. Runoff entering the quarry will flow across the quarry floor to the sump pump and then be pumped into the quarry lake east of the proposed project from which it will be discharged into the Prior Lake Drainage Ditch. The volume of the east lake will provide more than adequate settling capacity to ensure a high quality discharge to the ditch. b. Idents the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult "EAW Guidelines"about whether a nutrient budget analysis is needed.) The receiving water for runoff and groundwater discharges from the site will continue to be the Prior Lake Drainage Ditch. This channel crosses under Highway 101 and discharges into Blue Lake, a floodplain wetland of the Minnesota River. Future discharge water quality should be very similar to the current discharge from the existing quarry. April 18,1997 Page 16 Discharge samples are analyzed weekly and are typically well below permit limits. The pH averages 7.5 units (permit limits are 6.0 to 9.0) and suspended solids average 8.4 mg/L(permit limits are< 60.0 mg/L). A sample of the discharge water was recently analyzed for phosphorus and nitrogen, with the following results: Parameter Results Total phosphorus 0.02 µg/L 12/2/96 Soluble(ortho) phosphorus 0.02 µg/L 12/2/96 Nitrate nitrogen 2.5 mg/L 2/24/97 It should be noted that even in the absence of pumping, this groundwater would be discharged to Blue Lake via the groundwater system. Impacts to Blue Lake from the Shiely discharge were evaluated in the Blue Lake Watershed Study prepared for the Minnesota Valley National Wildlife Refuge in 1988. The study did not find an impact from the discharge and noted that: "Pumping into the Dean Lake Outlet [Prior Lake Drainage Ditch] from the Shiely quarry provides an abundant supply of clean water..." The major concern noted was the runoff from future development in the Blue Lake watershed. 19. Water Quality/Wastewater: a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewater produced or treated at the site. There will be no wastewater generated from the proposed quarry. The existing processing plant on the east parcel will wash approximately 30 percent(approximately 150,000 tons annually) of the aggregate produced at this quarry. This washing process requires approximately 300 gallons of water per minute. The wastewater from this process will carry a high load of suspended limestone particles. b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters(including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult "EAW Guidelines"about whether a nutrient budget analysis is needed) The wash water discharge from the existing processing operation will be directed through a cyclone to pull out a high percentage of fines before being discharged into the east side of the east quarry lake. The fine particles from this wash water will settle out in the east quarry lake before the clarified water discharges into the Prior Lake Drainage Ditch. This is expected to improve the quality of the discharged water. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. April 18,1997 Page 17 20. Ground Water/Potential for Contamination: a. Approximate depth (in feet) to ground water: Minimum = 20' Average =30' b. Describe any of the following site hazards to ground water and also idents them on the site map: sinkholes;shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. According to the Soil Conservation Service classifications the soils found on this site have high infiltration rates and are underlain by dolomitic limestone. There are no known sinkholes or karst conditions on this site. The proposed project site is currently vacant and there are no abandoned or unused wells on the property. There will be no fuel storage on the project site. To prevent contamination of groundwater that might be introduced by mining equipment, all vehicle maintenance will be done in the shop or on a concrete slab on the east parcel at the existing facilities. All fuel supplies are stored in compliance with state and federal guidelines at the existing facility. c. Idents any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. Diesel fuels used by mobile equipment and explosives will be present on the proposed project site. The Applicant has indicated that vehicle maintenance will be done in a shop or on a concrete slab near the existing processing facilities, and that spill prevention and response training will be conducted each year. All fuel supplies will be stored in compliance with state and federal guidelines at the existing facility. Explosives will be brought to the site on the day blasting is to occur. They will not be stored on the site. The explosives that will be used include ANFO (a mixture of ammonium nitrate and fuel oil) and Tovan(a waterproof emulsions blend of ANFO). 21. Solid Wastes; Hazardous Wastes; Storage Tanks: a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludge and ashes. Identify the method and local of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. There will be no solid or hazardous wastes generated on the proposed quarry site. Shiely will continue to use a parts-washing unit that requires solvent in its maintenance shop at the existing facility. It is covered under a Hazardous Waste permit issued by the Minnesota Pollution Control Agency. A small amount of municipal solid waste is generated at the office at the existing facility. No change in waste production is anticipated. April 18,1997 Page 18 The Applicant has a solid waste permit from Scott County that allows concrete and asphalt rubble and NSP bottom ash to be stored at the processing facility adjacent to the existing east quarry. Shiely has been recycling rubble(Spancrete and FabCon waste, comeback concrete and road reconstruction rubble) for many years at the existing east site. In 1996, state and county permits were obtained to include bottom ash(burned, vitrified soil from coal fired power plants) in the recycling waste stream. b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials(except water). There will be no storage tanks kept on the proposed project site. As part of the continuing operations, the following will be stored at the processing facility adjacent to the existing quarry site: 1 - 300-gallon gasoline tank (aboveground) 1 - 12,000-gallon diesel tank (underground) 1 - 300-gallon waste oil tank(aboveground) 2 - 265-gallon bulk oil tanks(aboveground) These tanks are registered with the MPCA. The Applicant indicates that it is maintaining them in accordance with and performing the monitoring prescribed by state and federal regulations. 22. Traffic: Parking spaces added= 0 Existing spaces (if project involves expansion) = 7 Estimated total Average Daily Traffic (ADT)generated= 130 trips Estimated maximum peak hour traffic generated(f known) and its timing= The total number of trips is evenly distributed throughout the day. For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. The Applicant indicates that customer trucks will continue to enter and exit the existing quarry site from either Highway 101 or from Valley Park Drive. Of the approximately 130 daily trips, 100 trips could be assigned to Highway 101 and 30 trips could be assigned to Valley Park Drive. It is anticipated that over the next several years demand for construction aggregates will be greater and that daily trips from the existing east site could increase by as much as 50 percent. By the year 2000, it is estimated that 195 daily trips could originate from this facility. This increase in traffic will be directly related to area construction demand. Based on 1994 MnDOT data, the ADT along Highway 101 from CR 17 east to CR 18 is between 23,000 and 26,500 trips. Considering that the new bypass will eliminate many of these trips, it does not appear that an additional 65 trips per day will cause an increase in congestion. The proposed project is not expected to require any traffic improvements. April 18,1997 Page 19 23. Vehicle-related air emissions: Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. of the project involves 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed.) The project should not cause any significant decrease in air quality. Additional traffic will not be generated by the proposed quarry. The number of daily trips will be determined by the local demand for construction aggregates.While an increase in demand for limestone products would result in a localized increase in traffic and, consequently, in vehicle-related air emissions, the increase is approximately 0.3 percent of the 1994 ADT on adjacent Highway 101. 24. Stationary source air emissions: Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)? YES ❑ NO ■ If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust, odors, or noise during construction and/or operation: YES ■ NO ❑ If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dust will be produced on the site during the following activities: 1. Stripping of overburden 2. Blasting 3. Loading 4. Truck traffic 5. Processing The stripping of overburden is usually not a dusty process because the sandy soil is moist from snow melt and rainfall. The proportion of silt and clay sized particles in this soil is relatively small, therefore, wind erosion would not be expected to generate significant quantities of dust from the removal of overburden. Protection from wind erosion will focus on revegetation of stockpiles and berms as soon as possible. Trees have already been planted in portions of the proposed buffer. Additional berms and plantings will provide shelter belts that will further reduce wind erosion. Blasting and loading of rock are typically not dusty operations because the rock itself is quite coarse. In addition, both the quarry floor and the blasted material are typically moist from groundwater. Haul roads are watered as required by the MPCA to minimize dust generation. The existing crushing and screening processes at the east quarry site will continue at the same location and in the same manner as at present. The magnitude of dust emissions should not change as a result of the change in quarry location. April 18,1997 Page 20 Noise There are no sensitive receptors (i.e., residential or institutional uses)to noise surrounding the proposed quarry. However, noise level readings were conducted of the existing quarry operations by the MPCA Air Quality Division in 1995. MPCA test results are well within the state standard. See Appendix C There have been no noise complaints received by either the facility or the community in 30 years of operation at the existing facility. The quarry is surrounded by heavy industry, adjacent to heavily used railroad tracks and an auto racing facility and is close to Highway 101. The equipment that will be operating in the proposed quarry will include a drill rig, a front-end loader and haul trucks. Seasonally, for a period of a few weeks at a time, earthmoving equipment will strip overburden from the limestone deposit. Including the top of the limestone, there will be three floor levels below the ground surface. See Figure 6. The drill rig will operate approximately 40 feet and 80 feet below; the loader at 80 feet and 120 feet below; and haul trucks between the ground surface and the quarry floor. This vertical separation, combined with the berms and buffer, is expected to significantly reduce noise impacts to the surrounding properties. Vibration Excavation of dolomite requires blasting to loosen the rock. Typically, a series of drill holes is bored parallel to the existing quarry face. These holes are filled with ANFO explosive by a contract supplier(no explosives are stored on the site). The multiple charges are detonated in a series, milliseconds apart and a slice of the dolomite collapses to the quarry floor. The blasting produces sound but its impacts are better described as vibrations which could potentially impact adjacent buildings or equipment. In thirty years of operation at the existing site there has not been a negative blasting-related incident or claim reported. Every blast is monitored by a seismograph to determine the extent of vibration produced. In the past, vibration has been measured on the east side of the existing quarry at the NSP station and at the Elk River Concrete Products pipe factory. These were the most sensitive adjacent land uses. Recently monitoring has been expanded to include readings at buildings on the west side of the proposed quarry. As the operations move to the west side of the Prior Lake Drainage Ditch, blasting will occur closer to the Conklin Chemical Company, Chemrex, and FMG Tsumura. Prediction of future blasting impacts was done by Dr. David Braslau in his report attached as Appendix D. Dr. Braslau concludes that blasting impacts will be greatest at the Conklin facilities and adjustment of charge sizes (delay weights) can reduce blasting impacts to levels where no impacts are likely This report was recently reviewed by David Siskind, a blasting expert formerly associated with the Bureau of Mines. He concluded that"unless there is some specially sensitive equipment nearby, blasting will initially be possible with 350 lbs/delay without damage problems". He recommends collection of vibration data in the west direction to improve the reliability of predictions and the review of any equipment data at nearby businesses. As mentioned above, this program has already begun. W a P i °P 5 rte.. W fi I P§ I I _ w .31 ..,--744''''' ' b ' � 1 1 c . f g1..5til i & .e - FtlEkes w s < I ''.F.1-:'-'.. . t �' r. it Zt n �. I SSS ii b e f Z C F V y 4 S 0 # N e _ M z i1 v u m > 1 April 18,1997 Page 22 26. Are any of the following resources on or in proximity to the site: a. Archaeological, historical, or architectural resources YES 0 NO ■ See Appendix E. b. Prime or unique farmlands YES 0 NO • c. Designated parks, recreation areas, or trails YES 0 NO ■ d Other unique resources YES 0 NO ■ If any items are answered Yes, describe the resource and idents any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts: (Examples include:glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) YES ❑ NO ■ The Applicant has indicated that the proposed quarry will be screened from public view by substantial landscape berms and tree plantings.The proposed quarry will involve no new buildings or plant facilities. Since the surface of the bedrock(limestone) is about 30 to 40 feet below the natural grade, the quarrying equipment will be virtually unseen. As the Applicant's industrial lots along the south edge of the proposed quarry are developed, new buildings and landscaping will provide additional screening. The areas near the Prior Lake Drainage Ditch will also be landscaped and planted to screen the east quarry and plant facilities. In order to minimize the visual impact of the operations, the Applicant proposes to begin quarrying on the west side and advance to the east. By the time the quarry comes into view, the plantings will be mature and dense enough to obscure the view of the operations. See Figure 6. 28. Compatibility with plans: Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of a local, regional, state or federal agency? YES ■ NO ❑ If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved If no, explain. The proposed site is located in the City of Shakopee I-2 Heavy Industrial District. An application will be submitted to the City requesting inclusion of the parcel in the Mining Overlay Zone. In 1991, Conditional Use Permit No. 375, which covers both the existing quarry and proposed expansion, was changed to require an amendment before the western portion could be opened for quarrying activities. An application for an amendment to this permit will also be submitted. The City of Shakopee Comprehensive Plan does not address mining nor does it specifically address land use issues in the area of the proposed project. April 18,1997 Page 23 The Scott County Comprehensive Plan generally,designates this site as having the potential for ground water contamination. This appears to be based upon the Scott County Geologic Atlas which notes the presence of soils with high infiltration rate overlying the bedrock. Infiltration of contaminants has not been a problem during existing quarrying operations at the old east quarry and there is not reason to expect change when the proposed west quarry is begun. Further, during the life of the quarry, pumping from the quarry sump will cause groundwater to flow radially inward and upward toward the quarry sump. The quarry walls and floor are sources of upwelling groundwater. Therefore, if a spill did occur during the life of the project, infiltration would be very limited. After the mining is completed, the proposed lake will not support any land use and will also be a groundwater discharge site, so infiltration of contaminants will not be likely. 29. Impact on Infrastructure and Public Services: Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? YES ❑ NO ■ If yes, describe the new or additional infrastructure/services needed (Any infrastructure that is a "connected action"with respect to the project must be assessed in this EAW; see "EAW Guidelines"for details.) 30. Related Developments; Cumulative Impacts: a. Are future stages of this development planned or likely? YES ❑ NO ■ If yes, briefly describe future stages, their timing, and plans environmental review. b. Is this project a subsequent stage of an earlier project? YES ■ NO ❑ If yes, briefly describe the past development, its timing, and any past environmental review. The proposed quarry is the last stage of quarrying on the Applicant's property in this area. Quarrying and limestone processing began on the east parcel in 1961 and has continued since. The existing Conditional Use Permit, first approved in 1984, includes the project site. The current existing quarry is near completion. There have been several specific environmental reviews of this quarrying operation over the past decade. They have been cited in earlier sections of this worksheet. c. Is other development anticipated on adjacent lands or outlots? YES ■ NO ❑ If yes, briefly describe the development and its relationship to the present project. April 18,1997 Page 24 The industrial plat, Valley Park 13th Addition, is scheduled to be complete and ready for sale and occupancy by the Spring of 1997. The north 26 acres of this plat are owned by the Applicant and are being developed in cooperation with Valley Green Business Park. The development of this acreage is part of the end use plan for this quarry. The lots will be sold to users who will construct facilities and build their businesses with full knowledge of the ongoing quarrying operation. d If a, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. As previously discussed, this project is a continuation of a mining operation that has been in existence for more than 30 years. The cumulative environmental impacts of the existing quarry have been relatively minor. The question about a cumulative impact to the groundwater is addressed in the report prepared by Barr Engineering. According to the report, the proposed quarry will have an acceptably low and reversible impact on the groundwater. 31. Other Potential Environmental Impacts: If the project may cause adverse environmental impacts which were not addressed by items 1 to 28, idents and discuss them here, along with any proposed mitigation. 32. SUMMARY OF ISSUES List any impacts and issues identified above that may require further investigation before the project is commenced Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. April 18,1997 Page 25 CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor) A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions," as defined, respectively, at Minn. Rules pt. 4410.0200, subp. 9b and subp. 60. Signature C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Title of signer Date Appendix A Potential Groundwater Impacts of Shiely Shakopee West Quarry Barr Engineering Company December 13, 1996 Potential Groundwater Impacts of Shiely Shakopee West Quarry Barr Engineering Company December 13, 1996 Table of Contents (Continued) List of Tables Table 1 Trial and Error Analysis of Groundwater Impacts, Full Excavation of Western Quarry to Elevation 620 Table 2 Impact on Groundwater Flow, Initial Impact of Western Quarry Development (4-Acre Section), Eastern Quarry Water Level at Elevation 732. Table 3 Impact on Groundwater Flow, Full Development of Western Quarry, Eastern Quarry Water Level at Elevation 732. Table 4 Impact on City of Shakopee Wells, Western Quarry Floor Deepened to Elevation 620, Eastern Quarry Water Level at Elevation 732. Table 5 Impact of Quarry Dewatering on City Wells 4 and 5 List of Figures - Figure 1 Water Levels in Well MW-1 Figure 2 Impact of Shiely Quarry Dewatering and Filling of Eastern Quarry on Water Levels in Prairie du Chien -- Early Quarry Development Figure 3 Impact of Shiely Quarry Dewatering and Filling of Eastern Quarry on Water Levels in Jordan Aquifer— Early Quarry Development Figure 4 Impact of Shiely Quarry Dewatering and Filling of Eastern Quarry on Water Levels in Prairie du Chien— Final Quarry Development Figure 5 Impact of Shiely Quarry Dewatering and Filling of Eastern Quarry on Water Levels in Jordan Aquifer— Final Quarry Development 2370085\44729-1/NPN u 1 .0 Introduction The Shiely Company proposes to relocate its Shakopee quarry to a new location to the west of the Prior Lake drainage ditch. The new west quarry will require dewatering to a greater depth than the existing east quarry. The proposed project needs to be examined to evaluate whether it will have any impacts on nearby water resources, including the Savage Fen complex, including Boiling Springs and Eagle Creek. The impact on Shakopee city wells also needs to be evaluated. A groundwater study of these resources was previously completed in 1994-1995. The study was done by Barr Engineering as part of the Alternative Urban Areawide Review Process for the City of Savage. That review process evaluated the steps necessary to preserve these natural resources as development in Savage progresses. The model used for the AUAR study was used to evaluate the impacts of the proposed west quarry development. This report summarizes the results of the groundwater flow modeling performed to investigate: (1) potential environmental impacts on area groundwater that could be associated with planned mining operations at the Shiely Shakopee quarry; and (2) mitigative actions that might negate these impacts. The Scope of Work on which this work was based was developed pursuant to a meeting held at Barr Engineering on Wednesday, August 7, 1996, attended by Bob Bieraugel, Daniel Mergens, and Darcie Brown of Shiely, and David Dahlstrom and Brian LeMon of Barr. This scope was modified after discussion with Bob Bieraugel. The final Scope of Work called for: (1) Reevaluating the leakage resistance between the Prairie du Chien and Jordan aquifers and incorporating the new value of the leakage resistance into the two-layer MLAEM model that was derived from the original three-layer Model. (2) Using the readjusted two-layer model to simulate the effect of deepening the west quarry and maintaining of water levels in the east quarry; assuming that a clay barrier has been added to the west wall of the reinfiltration east quarry. The following sections describe the results of the modeling analysis. 2370085\44729-1/NPN 1 2.0 Description of Model Modifications 2.1 Two-Layer Model Derived From the Original Three-Layer Groundwater Flow Model In the course of assessing the impact of deepening of the Shiely quarry below the present elevation of 685 feet M.S.L., it was concluded that the original three-layer flow model was not best suited for this application because the quarry floor was set below the elevation of the base of the first layer used in the original model. The major drawback to the three-layer model is that the current MLAEM code does not allow for an "inactivation" of the areas in the first layer (upper aquifer)that go dry. Wherever a portion of Layer 1 dries, the current model code sets the head to the elevation of the base of Layer 1 and continues to provide water to the underlying Layer 2 through the leaky elements linking both layers. To avoid this situation and to have a more accurate model of the mass balance, a two-layer model was developed by joining Layers 1 and 2 of the original model into one layer. This results in an upper layer that will not go dry under the stresses considered. In the two-layer model, Layer 1 represents a combination of the Sand and Gravel and Prairie du Chien aquifers, and Layer 2 represents the Jordan aquifer. Elements that were in Layers 1 and 2 of the original model were incorporated in Layer 1 of the two-layer model. An inhomogeneity doublet was added to model the higher transmissivity of the Sand and Gravel and Prairie du Chien in the area where the water table was in the Sand and Gravel aquifer(i.e., east of the bedrock valley and south of the city of Savage). The leakage resistance between the combined Sand and Gravel and Prairie du Chien layer and the Jordan layer was kept at ten days, as in the original model. As discussed below, this assumption was later reevaluated. The model was recalibrated to yield similar discharge in the Shiely quarry. The calibration was deemed sufficient to perform incremental analysis, such as the current impact analyses. The leakage resistance between the Prairie du Chien and Jordan aquifers was reevaluated based on the observed response of water levels in Shiely's monitoring well MW-1 to intermittent pumping • of Shakopee Public Utilities Commission Well 4. The effective vertical hydraulic conductivity of the combined units was determined through automatic calibration/parameter estimation using the computer codes PEST and WTAQ1. Through this procedure,the leakage resistance of the basal 2370085\44729-1/NPN 2 layer of the Prairie du Chien aquifer was estimated to be 8,850 days. Details of this analysis are presented in Appendix A. 2.2 Hydraulic Resistance Between the Prairie du Chien and Jordan Aquifers 2.2.1 Determination of Vertical Hydraulic Conductivity This appendix describes the procedures used to determine the vertical hydraulic conductivity of the basal Prairie du Chien Group. The data used in the evaluation were gathered from the continuous monitoring of well MW-1 over the winter of 1995-1996. A smaller amplitude, cyclic drawdown- recovery pattern caused by intermittent pumping of SPUC Well 4 was superimposed on the overall water level recovery and decline caused by stopping then restarting quarry dewatering. In general, the pump in SPUC Well 4 was on for less than 24 hours at a time. The longest pumping phase during the observation period was 40 hours from January 13, 1996, to January 15, 1996, as shown in Figure 1. The pump was operating at approximately 780 gpm. Well MW-1 is located approximately 1,500 feet from SPUC Well 4. The MODFLOW model, developed previously to evaluate the transient effect of quarry dewatering, was used in an attempt to calibrate the vertical hydraulic conductivity of the basal Prairie du Chien Group. A steady state stress period representing summer pumping conditions was followed by a transient stress period to simulate pumping of SPUC Well 4 for 40 hours. The observations included in the calibration were the discharge in the quarry in the steady state model (observed to be approximately 5,600 gpm) and the transient response of water levels in well MW-1 to pumping of SPUC Well 4. The original MODFLOW model was found to be too coarse in the vicinity of the quarry to accurately represent seepage into the quarry. Two submodels were constructed in the quarry area to refine the discharge estimate, but in both cases the boundary conditions imposed on the submodel affected the discharge estimate. This indicated that the submodels were too small. The regional MODFLOW model needed to be refined in the quarry area. This was beyond the scope of the proposed work, so another approach was taken. The analytic computer program WTAQ1 (Moench, 1993, 1995)was modified to allow the user to • enter specific times at which the program would calculate drawdown at a partially-penetrating monitoring well, due to pumping of a partially-penetrating pumping well. The aquifer parameters transmissivity, storage coefficient, specific yield, and vertical anisotropy were optimized using the code PEST(Watermark Computing, 1994) and the modified version of WTAQ1. This approach 2370085\44729-1/NPN 3 assumed that the Prairie du Chien Group and Jordan Sandstone act as a single aquifer and that the anisotropy is distributed throughout the aquifer. Although the conceptual model for the aquifer system holds that the anisotropy is markedly greater in the basal part of the Prairie du Chien Group, the pumping well and observation well are located on opposite sides of the highly anisotropic basal zone. In other words, the effective vertical hydraulic conductivity estimated by WTAQ1 reflects the combined influence of the layered system. Substituting KA/L (vertical hydraulic conductivity times area divided by vertical thickness)for C (conductance) in equation 38 of McDonald and Harbaugh(1988, p. 5-6) and expanding the expression for a three-layered system yields: L K = L L 1 + 2 L 3 K K K 1 2 3 where: K is the effective vertical hydraulic conductivity of the layered system L is the total thickness L; is the thickness of the given layer K1 is the vertical hydraulic conductivity of the given layer • Using the optimized parameters from WTAQ1, assuming a vertical anisotropy of 1 (vertical - hydraulic conductivity equals horizontal hydraulic conductivity) for all layers except the basal Prairie du Chien, and rearranging terms yields: 1(2- 5 ft = 5.65 10-4 ft/day 219 ft _ 124 ft 90 ft 2.47 10-2 ft/day 32.8 ft/day 32.8 ft/day Dividing the assumed thickness of the basal Prairie du Group (5 ft) by the vertical hydraulic conductivity yields a hydraulic resistance value of 8,850 days. 2.2.2 Recalibration of Two-Layer Model As the leakage resistance of 8,850 days was first incorporated in the two-layer model, the hydraulic head of the first layer increased from the previous calibration. This head increase is likely due to the increased leakage resistance between Layer 1 and Layer 2, resulting in more water being kept in the first layer. The model also computed a smaller discharge to the Shiely 2370085\44729-1/NPN 4 quarry. Since a large portion of the discharge to the quarry (computed by the original two-layer model) was coming from leaky elements below the quarry, the use of a larger resistance resulted in a reduction of this component of the discharge. The two-layer model had to be recalibrated to yield an appropriate discharge to the quarry under pumping conditions. This calibration was achieved by increasing the hydraulic conductivity of Layer 1 in the area west of the bedrock valley from 27 feet/day to 40 feet/day and by reducing the leakage resistance to a value of 4,000 days. After these adjustments, the computed discharge to Shiely quarry was within two percent of the original value. 2370085\44729-1/NPN 5 3.0 Impacts of Future West Quarry Mine Plan 3.1 Scenarios Developed The scenarios modeled represent mining in the proposed west quarry and pumping the dewatering water from the west quarry back into the old east quarry. It was assumed that a semi-pervious clay wall was installed along the western wall of the east quarry to limit the transfer of groundwater between the two quarries. The west quarry was modeled using a series of linesinks with specified heads. The semi-pervious wall was modeled using a DROOT leaky element. The east quarry was assumed to have been converted to a lake and was modeled as a series of linesinks with specified head. _:Initially, a trial-and-error method was used to determine the water level that must be maintained in the east quarry to effectively prevent an impact on Boiling Springs and other natural resources to the east from the deepening of the west quarry and associated dewatering. Several runs were performed with water level in the east quarry maintained at Elevation 710, 720, 730, and 740. The results are shown in Table 1. It was found that impacts on Boiling Springs are eliminated when the old east quarry is maintained at about Elevation 710 or above. Although several scenarios were modeled for water levels in the east quarry, it was decided to plan to discharge all dewatering water from the west quarry into the east quarry and allow any excess water to flow by gravity into the Prior Lake drainage ditch, which flows from south to north between the two quarries. This would produce a constant water level of about Elevation 732 in the east quarry, well above the point needed to maintain present water levels at Boiling Springs. This approach has several advantages. First, it eliminates the need for a second pumping station in the east quarry. A second advantage is that it gives a significant margin of safety for prevention of groundwater impacts to the sensitive water resources to the east. A third advantage is that the large storage volume of the east quarry will be very effective at removing any particulates in the west quarry discharge water. This will ensure that water quality of the discharge will be very high and production will not be hampered by concerns about discharge water quality. The disadvantage of this plan is that it increases the amount of pumping required from the east quarry by 20 percent at ultimate development of the quarry. 2370085\44729-1/NPN 6 3.2 Initial Development of West Quarry It was assumed that a four-acre area of the west side of the west pit will be mined in two initial cuts. The first cut will be made to Elevation 674. Once the area has been opened, a second cut will be made to Elevation 620. In both cases, the water level in the east quarry is assumed to be at Elevation 732. The results are summarized in Table 2. The initial dewatering rate from the west quarry will be around 4,400 gpm. This will occur when the four-acre section is excavated to Elevation 674. This would be the critical scenario in terms of groundwater impacts to the east, since the east quarry would raise water levels and the west quarry would not yet be at its maximum depth or area. Groundwater levels would rise, as shown on Figures 2 and 3. Figure 2 shows the drawdown (or mounding) in the upper(Prairie du Chien/surficial sand) aquifer. Figure 3 shows the drawdown in the Jordan aquifer for the same scenario. Overflow from the east quarry to the drainage ditch is projected to be 3,500 gpm or 7.7 cfs. This would be a 35 percent decrease from the present Shiely discharge of approximately 5,400 gpm. As the four-acre section is deepened to Elevation 620, the dewatering rate will increase to 6,800 gpm. The overflow from the east quarry to the drainage ditch is estimated to be 4,900 gpm or 10.8 cfs. 3.3 Full Development of West Quarry The second critical condition will be the maximum excavation of the west quarry,just prior to closure. The quarry will be excavated to Elevation 620 over an area of approximately 58 acres. The head in linesinks representing the west quarry were set at Elevation 620. Again, the water level of the east quarry was assumed to be at Elevation 732. The results for each of the water levels in the east quarry are summarized in Table 3. The drawdown contours with the east quarry at Elevation 732 are shown on Figure 4 for the upper (Prairie du Chien/surficial) aquifer. Figure 5 shows the drawdown contours in the Jordan Aquifer for the same scenario. It can be seen that there is still a net increase in groundwater levels at Boiling Springs and that drawdown is confined to the west side of the new west quarry. Discharge to the drainage ditch would be •• approximately 6,300 gpm (14 cfs), about 17% above current rates. 2370085\44729-1/NPN 7 3.4 Impacts on City Wells The predicted drawdown at City of Shakopee Wells 4, 5, 6, 7, 8, and 9 are summarized in Table 4 for the maximum drawdown case (i.e., full west quarry development with water level in the east quarry maintained at 732 feet M.S.L.). Additional drawdowns at existing city wells associated with quarry dewatering were computed to range from 0.46 feet at Well 8 to about seven feet at the closest City Wells 4 and 5. Shakopee Wells 4 and 5 are located immediately west of the proposed quarry on the east side of Valley Park Drive. These two wells were drilled in 1971 and have a static water column of 47 to 52 feet below ground (1991 and 1992 data). Well 4 has a pump set 120 feet below grade, while Well 5 has a pump set 100 feet below grade. Table 5 summarizes the wells' construction and the anticipated maximum impact from dewatering of the west quarry site, assuming the water level is maintained at Elevation 732 in the east quarry. The additional six to seven feet of drawdown in these wells will increase the pumping head against which the pumps operate. The pumps will continue to be functional without modifications, but the drawdown could reduce the pump capacity by approximately 30 to 50 gpm in Well 4 and 20 to 30 gpm in Well 5. The result of this reduction will be that the pumps will have to pump about five percent longer to supply the same capacity as currently, thereby increasing City pumping costs by approximately $2.00 per million gallons pumped for each well at ultimate mine expansion. Conservatively, assuming that the pumps are used for 100 days of pumping per year, the net impact will be less than $500 per year for both wells. Average impacts over the full quarrying period are likely to be less than this, especially in the earlier stages of quarry development when levels in the wells will be slightly higher than at present. An alternative to reduced capacity would be adding pumping capacity by increasing the number of bowls on the pumps. The capacity would be the same, but greater pumping energy would be required, probably on the same order of magnitude as the reduced capacity option. The cost of • such modifications would not be justified by the small additional pumping costs. 2370085\44729-1/NPN 8 References Moench, A.F., 1993. Computation of Type Curves for Flow to Partially Penetrating Wells in Water-Table Aquifers, Ground Water, Vol. 31, No. 6, p. 966-971. Moench, A.F., 1995. Combining the Neuman and Boulton Models for Flow to a Well in an Unconfined Aquifer. Ground Water,Vol. 33, No. 3, p. 378-384. Watermark Computing, 1994. PEST, Model-Independent Parameter Estimation. Computer software manual. 2370085\44729-1/NPN Table 1 Trial and Error Analysis of Groundwater Impacts Full Excavation of Western Quarry to Elevation 620 East Quarry Converted to a Pond(Elevation 732) West Quarry Floor at 620 Feet M.S.L. Present Conditions East Quarry Water East Quarry Water East Quarry Water East Quarry Quarry Floor Level Elev. Level Elev. Level Elev. Water Level Elev. Description Elevation 685 710 720 730 740 Dewatering Rate(gpm) 5,370 10,070 10,965 11,925 12,960 Additional Drawdown at Boiling 0.0 0.2 -0.6 -1.5 -2.4 Springs' (ft) Total Infiltration Rate at East Not Applicable 3,645 4,740 6,025 7,550 Quarry(gpm) Rate Diverted From the West Not Applicable 2,285 3,900 5,630 7,475 I Quarry(gpm) 'A negative drawdown represents a rebound. 2370085\44729-1/NPN Table 2 Impact on Groundwater Flow Impact of Initial Western Quarry Development (Four-Acre Section) Eastern Quarry Water Level at Elevation 732 East Quarry Converted to Pond (Elevation 732) Present Conditions West Quarry West Quarry Quarry Floor Mined to Mined to Description Elevation 685 Elev.674. Elev.620 Dewatering Rate(gpm) 5,370 4,370 6,810 Additional Drawdown at Boiling Springs' (ft) 0.0 -2.8 -2.3 Net Discharge to Drainage Ditch(gpm) 5,370 3,475 4,885 .negative drawdown represents a rebound. 2370085\44729-1/NPN Table 3 Impact on Groundwater Flow Full Development of Western Quarry Eastern Quarry Water Level at Elevation 732 East Quarry Water Level at Elev. 732; Present Conditions West Quarry Quarry Floor Elevation Mined to Description 685 Elev. 620 Dewatering Rate (gpm) 5,370 12,330 Additional Drawdown at Boiling Springs' (ft) 0.0 -1.6 Net Discharge to Drainage Ditch (gpm) 5,370 6,285 'A negative drawdown represents a rebound. 2370085\44729-1/NPN • Table 4 Impact on City of Shakopee Wells Western Quarry Floor Deepened to Elevation 620 Eastern Quarry Water Level at Elevation 732 Computed Drawdown City of Shakopee Well (ft) 4 6.68 5 6.97 6 2.85 7 2.87 8 0.46 9 1.10 2370085\44729-1/NPN Table 5 Impact of Quarry Dewatering on City Wells 4 and 5 Well 4 Well 5 During Predicted During Predicted During Initial maximum During Initial maximum 1992 Mining to dewatering 1992 Mining to dewatering, Parameter conditions Elevation 674 Elevation 620 conditions Elevation 674 Elevation 620 Static Water Level, Feet Below 47 45 54 52 50.5 59 Ground Level Pumping Water Level, Feet 66 64 73 62 60.5 69 Below Ground Level Pump Submergence, Feet 54 56 47 48 49.5 41 (Approximate) Pumping Capacity,gpm 773 780* 720-740 851 860* 820-830 I 2370085\44729-]/NPN 13. There are three existing monitoring wells on or near the site, identified as follows: Unique well Well numbers Monitoring Well #1 561717 (North center of proposed project) Monitoring Well#2 561716 (South from buffer of proposed project) Kawasaki Well (South buffer of proposed project) The Kawasaki well was a water supply well that is now unused; it is proposed to use it as an additional monitoring well during the life of the project. Refer to Figure 3 for the locations of these wells. Monitoring well #1 and the Kawasaki well will will continue to exist through the proposed project and will be sealed in accordance with the state well code when mining is completed. Well#1 is in the proposed mining area. It will stay in place until the quarry expands through it. Shakopee City wells #4 and#5 are located near the southwest corner of the project site; impacts on these wells are discussed below. 13b Mining requires that the quarry be dewatered during the season of operation. The existing PvIDNR appropriations permit#67-0172 will be amended to reflect the modifications to the point of appropriation and the point of discharge. This permit now authorizes Shiely to pump up to 10,000 gallons per minute (gpm) and up to 2,750 million gallons per year. Following the closure of the east quarry, which will happen within a few years of the commencement of mining in the west quarry, pumping from the east quarry will cease and -the quarry will be allowed to fill with groundwater. -Initially an area of about four acres at the west end of the project site will be quarried. The pumping rate from this initial area of the west quarry is estimated to be 4,400 gpm to dewater to the initial floor level of Elevation 674. Within a few years, the floor will be lowered to Elevation 620 and pumping will increase to about 6,800 gpm. The dewatering discharge will be routed into the old east quarry, raising the lake level to about Elevation 632. This elevation will provide a groundwater recharge from the east lake and will allow excess water to flow by gravity from the old east quarry to the Prior Lake drainage ditch. When the initial cut of the west quarry is dewatered to Elevation 674 the net recharge from the east quarry is projected to be about 900 gpm. When the initial cut is dewatered to Elevation 620,the recharge will increase to 1,900 gpm. For most areas around the quarry, groundwater levels will increase significantly compared to current levels. Limited drawdown will occur, however, to the west and northwest. As quarrying progresses from west to east, the area to be dewatered will increase and the pumping and recharge rates will increase. At maximum development of the full 58-acre area of the quarry to Elevation 620, the pumping rate is predicted to be about 12,300 gpm. Recharge at the east quarry will increase to about 6,300 gpm. Therefore, the net appropriation (withdrawal minus recharge)will be within the limits of the current permit with respect to rate. The maximum total withdrawal per year may be increased, depending on the duration of the mining season. 2370085\44479-1/NPN • 713 • Quare Pumps Turned On 712 I 711 710-^ 0 I i 709-` ',I: 1 ) 7 708 il ' 75 - Pumping Period 9 used in Cyibrarion a 707 3 - Quarry Pumps /74 \\ Turned O 7006— \ .... 7C5— r p 703 ; -, -I ---- !il . .r 41/41. 11/17/95 12/07/95 12(27195 01/1696 02/25/96 02/1E/96 OUO o 0425/6 Date Figure 1 Water Levels in Well MW-1 -= • , ',1 ---/-/-\ . • 1 , 1 '.1 ” kA,7,( (:'. L . , ......„ . . : ,:c. i ..... . \ F • 'S f•5Y�- \ %'. l '� V vO • v .�:+ ;,',is, ! 0. •.�I . ..t• .•r" — .‘. ....:i: ::: c •Ns<(Q 1 .! ( Z c— _ • r M� .t• �lictvn tr' _ .� 0 3 I^ _�r+`cr i>� . . 0 • \5-c'l 6‘;.' . V, 1)sy ; -� r C ;�• /, �- '...,. ./- , ) `--z l n A-h q / G 'I a h U, . / / ,c.• ? \�r O ! "+ ', 1t moi" t�� �:f / 1 • jV U �/ fi• %_/co., !�`. 1' ° Q p O y�I' ;•\� ,1� Z Z 1 1[,' (1.rt. :. .• 1 ' . 16.. ' / r\Cf)- -.- P' ) it. ' 11r 1 r' ,�' 11'{Z! +1 p' !ao f r , ' } W Cli (21 C- 0 0 7. (/ (/'',--„s' ° .-- -//: „!\(cn VVV Wf Q Cn ) ^.• 'Y:� -------�_ `._.{ .., ems;-:•_— -- � W Z(1 w ml11 G` � • t/ -6._ `; i,•.,,° ! 1 f '' t \ 7 c,.1,:i �-.` 'tom } :.: I. -,' I 1-°-' f—niVizi-: 51;1 ', 9,1 j '.1f(L,'-`:i-5-7)/•,.0-'. e ,.,, f-- d:': '3 3/-C : !, ts_� `0..i � Werill@j I -r i`3. .�r ' .Ofd` r.• , � 1\ — L 0 Ail G.I�cc i • 1 ._ Ori , o to( ';� '`\ ,� ; o H u- Q •- Cr) Illrif xs." ! i' 17 ' •' + ' ..: - g<,11 ,,,.. . :i f \ CL< i k:::.,/ i'lLba,1. -, ;:21rtlilsor 1 dirk .•. 9- . i : -..i tv i Et i \���_� : -'6''''' as Asa rs t s',i;;`� .± ,. , 1 ��'� ��� a e I X7111§»ixi+i:' /Y. 6) lr�.W ��� i tlxxx71,f1li:i- /.1 Q1 /' o: ' a , 1 x1144;i!!`f"IIIb;� ieJ 1 ' -c„, 1 I a 71;1, x14717 . m :i1 ' 7i:,i: vi •‘ op i , 0 1 ! li , ,fi, 1, , I „i,.. ,..• t \` ( � J , f yt e �� �: __ yy } • `,tel • t r ;1 .1114111' ) ° .. 0 . i IIIIIIIMENzig 1%‘Z-- ‘. :\\ ' %r' II • I. • \ Q ,,o\Ngt 1t ," ,' t1ilV a' p O '' �..� �" 7r 1 441111!' . 1.e ' 'J t �is( . �► 1(., �, �l• 111, ,^ 1 1 .1•d ' // J t CO '11111 S�EI�{tilielliti. / ! • • •7�' _,- • I frl ! // I C 4i • / a3- /� = �& 2 ' :111111111 y L ll.cu ',.:*-;3 `^� 3 �// 1 t c �, �,r r ., , 3 ter• z y • . _ -2 7- a 6.:,'--- •-• 77 ,. .--. 0•) . All aNn i ,e;_�7 a• A j A.10 . .... ...* , r_i(, ,, ..,/ F.• . • / '' / ' . 1 s � I, i_ , % l',1 1 to l!) t Q../ ,.: cb U� •-4y / `, i I , < '� ,c,_ /iA. , . , is.:it I \ iait ' .Ai :II a 1 4. ' %� , . , . . „ .,,,..._, 4 I ` v Au , , -a = Li ji p= = pl% d }- L- }-o CC !I'. 74 ); 1}(• ; lio. A . 7' 4! '.. 1 T ,.,., . . . :, 1\ LLI t Z} •4 CI "� �sor Jil) a O �. . 1 f {% f I-1I{0.1 /�� tlI-1 + f1 }I � o • tl` + `}1 ':L— �,, � � W �/ • r } • } _Jr I 1 to ` r t i ' .\o } o�c,. .`I,� Q F O C yI 4 C-i , i ,1 1 n.,•� ; �,� II� L < -+ /. t a� 'J�•�� ` { LL i ' ' 0 W fW. "" "n �_ I �' 03' -._., '' v) U j a N o Z_a N I I\` P /� — } - +� �' (_ Z ,cod .O �,. fZ M i 11`-v Iil! t r f ! `� I _ Lt.- Z r Q elZ+'Iil'j!ili'rraI \ 1 S - 1,u + . it? r /7 •...-1—. • I' /�;� pJ C ;,ta- =� ___\ 1 ' t?,(2)_ (1.1R11111U-1 'Al @) tom: 7 i ,•'(;,.---.,...)7. t w _,l�_ _ j r ♦ �, r U 1- t, CI Z !� -=�-�i ��i� 'Y`;ail`! ` :. .�/v•/r '1 I. , { Q C Q r x . .WO W I i ,, J! �' . / a Z I'•1 ,! .i kb` ! , f ) f f . , r_.. SON .I- / j1rJ�� �il !' '�' i! ' �` [�v}= r f l ! {:J� ~� ¢ II ..i ,_ - it 4 •1 p ^ , 1 '�ti'N'l�i� D //ry// 92 vq ' 0 W' c _: ( a !' i I !1i�,pp,11hi•ii i ` '{ v / t • +ii;kiiii•Il iii€� / N � � 1) d. d y i 9-- © n-; Ily.�lillill•. m C� I �. s /_ \ ► •'� ' -' E J ori 1 r1O ••4 i!t?,i x L� ri 1 it% C./ 1 V �' ;l' ( � _..Cn -o: . cs.. i ....--re. --- 1 1 I t •f t irit,.1- • i ..C4 . - ; , ., ° \J k::: i, i. t f, 1 4 AIIIIIh". t :‘, / — ( ( Plfialla .111111 i i ii 11,,.. I :I_ .t.7-_:-.‘ aii,01 :.... 1.1 `1,4 °?.\\iii _ I-0 0. 11 / • f111" O • !j;`illi: �' }+ �, VA o4. i 'f !f J 1 i . 7 / ( -o i,li,. r I -; . ._ t .,_ f ,, ) . ... ;;hj1;11 ai / —co .� `�o u ��,,,_„.7(r� l' o iv ' 'S • V, i .,. u-', . . . c D ,1., --1 ,•,$ 1 4 to .,',,,• .i • , , : ',"•( .; c) - L ,,..11,„:" ,.7--- / ,\ 1, ' i4--- '1, .. - • : • 1 I-1•• ; ( . Z•k- • a. = . . f.....y..-.-a.............. \\\,c. , . 1p_\. 1 ,-... ,. 1 .""G• • • e 0.., \ • o. . a \ • • •C .1' •5!-.4:1',.. 1.\\ A 1 I) V. ‘'''' S 1. • I 1 P 1 •• ; •% I r. . / ••••• 1 LI. / ..7........ ./../4; ,. i I • C >C ._ t cC, .......,.`.. . z E-•••s ...--:. ___ /./ --.=\ '•-7., 4 1•/?...:4-r... 0 5- TO . / . 163 • ,I._:.,4,1;,___::.4" .") . .., ,i_liA ..........,_ r'' •. • c V .. \ .( 1---x.i •% , 0. ., -.1121.4 n,....'''- ,.. A/ 6 1,•s,,,/j, <_•• 1 1 : r,-,--.. , . ts•I\S 1,t_. __. , 1 1 .„....../-7 i .. ,4.1 ; , .• t, ., , ; - , ,„, • , r ," ,, , I / V' •• --• 1/7.- ---.) .. • 1" i 1 ! (...) /1 • 700,, t - <, '', !!).', 4 .,).7 t I,.-t: , ,__•-.3 -.•;;; -.:.i.- , , . z z 1 .. -.. / t(1 ' I 3 L .riMen L-• 0 Z ''t ../.1 : ''- j •' .72/ .'-. 1 s_;, , .\a . \ . ,, ILI til ..-- - }-• -r H = --.... , U LuZ •t ,. Am.--•\ i r,ci,...) %' 4-Th t .1 (:, •,\ ... < 1.1.1 D ‘ , • ''',. 75,14i- ;..1;. CV ?C''')' ti• ,-- 4-11'l' 12P° P. ,,i.:2:/-./ .:4 ';°11. - •.; 1 1\*:--1- .., )2'; : 5..0 • ,/..-1.4._Thi.-. ' ', .>le \, lig:...P), ' 7 \ ___. . .;r 1., t,, = > 4') j? '-\.221 '• ! • .1_j4 i, I li '' = w ••••"'"e 1; 7, . .:' '/..-, '' .! --J ..7-• I i,A9, -; ,--(5---,( If• ':--H,../ --- ,. --.0... ,__5•...„,-., c_ . '-v,,- •..k. . 7. 1- -c_,- it . , .. •Ig /2 . 10 I :-.,' c', lc c., ,--, , ,,-,,_ .,i4 >- ..- r. `, t j I---111 V.,.' ., tt .... _• • ------- . --- •-..,,--•, & , •=, --- I,ca c_,.„,, e :f- ,4 7° _ 1,1 ____\\ r •k _ -,, 0 '.0' --i u- -:.:.. l' , S• .• 1-..--31- /103 4.- . \).---\- i p\ i ! . t; ._....-x-- .4-. CC J i '...1,...4-' ,°-- • .. ...,, ,, • 4' >" ' \-,:1V • ',-)e' 1 rj: . ,.,.. 'In ,,Il a ' - • • .' '7 n---2 'l V) t. • / , . ...,1 i •,..;:;,ri 4... ....imord. . ) f .-••••c i • , ".4"ca. '-''iil'i rr ' f.-- i fi, I r li•- .‘„), t. c_.4 ri, /......,r..• r , ;11.1@.) 1 .7 1111111-7Idk--...- ' -• 4.-.'ll t(71.:(-k-- r'-' - - ,t ....) 1 ;•• -'-'*- :S - ' • 1- Li- LL. • ‘..., )...Al2 .4='....** I -1111rArriliPi:,,• \ '14. C:' :,. .-/./ 1 • ''-il i . , 1 Lt.1 0.1= .--IN... '•ia, .---...•.•...._.,,4,,,'•.2r, ] ›,\.„.,.,,.4.11..1.7?,,:":...--•\.,-i-,-t,. Ii1r .r11i'011/i'•1%:°1,_0\-=-7;-.1,-.1,5,,•-o,.1-,V1•4.1l. i''g-P,..•'-•ir•i,•.•l...\....l''li..i„h.:.:.‘-...-._Nqb ; - .C7;.1.4,.r,.,`‹'.,',.,-'-";\,,•...•[.•(...-...._)..-../--"1.-F:.A.•.'..,4,,g'I fc,.'O:'.i,,'.-'7,.I,/;=./,.,..it-•-,' s/V;-,/-7.•,\.e.j:2t5,7;_,'- ._..,-3.-\_5.1;..-,2 N-.•=_••f•:„,1 I,,.). .".r.,-'.•i..'11•,,II,,4,ir3l„-a,,,-,'.,t.i?.i:),t.('i•-ot".41,,!l .iw'•i?l,:iil'-4,lii.'-iiilP.i:-i,ii.;.m:4i.g.1t1 ,1•h -i1.1iii•,-i,ltt.i1,r,ih1,!y4•:•0 i'1lf il, cZ<.,l H< " aL11 m - 0..) -sikv I --.0 ,) iriir, • 41 • ,i., `", , 4 14.1 Viiiiiiit. (if i a' • ,. , ) Nr-e-- %.9 01 • V.z , / .1.1( fir i ,....: \. ..A6 i 1 : ,. o / i `c1/ ,IIMP.: -C7 Le lkir 4 II F-4 -\,:-.4' ,4 .•;;Ilt : LI;- .3 1 .,.. 7-12" • _ 4,40,S 1 \ i . 14 1 9. i ... 11:17•Ht•,.,f\tilc)i,, 4 , a 1-6 14iiiiiaihi,,, • .7 • 0 1 .1 ......Th 1i ... A IT, 'iililililicti • .1 ... I • • - iii "I l i. ki ,,,, / 1 /1 2 ,. . 1 ...... c ri di :.4‘. .;/0 I/Ili L.774 lIllr..1) 7 // . ‘1° . ‘61417 - I ir - I , ' I 11: ) . -,_ . .ft I 6 1 :. . / ) 1 . -, 0,- )71 ' •:it::'\.' /1"- _ifitt -1 t 1141 e c cu lii\ • i e,' / -- ,---,-- - ., I.) . Cu. • , *Pi+, 4.) '%'` • 1 ' i / •:::-...-.1.0... • fir"---;1)- '',.\ - . .• 1 , ,.1 • ...% I ' • ' . .-- / ""'es I ) ile co . / ._ / Im'S ...i NI ,\•3. ,2-D .; ,, ' .._ ? _ C/1 '-� ) 4r.1�1 U f + `f cs /%``� ( r lir • f^� 1" o .aq o 4 f‘ ! t '.4 4.i n r•.. i ,.., i a) '.N > s \ t H `' �`. Cr fir 3 i1. ce= 1f� . ac,,,,,'-•- ,..--", _____ N CJ : / -.�,0 '• t4 , if V I I:,:'-g,1 �? 1 \ to y�C ..-----N �: :�,j If• , ..• c h cs .y� 7 y. / J/ ii I to to I ' /' 4/ �� v G r.'.'------".... f .f.,.- j -,\7-0 ,• `p ;. t . ��' ? I �o, .N it * i /` va / /� �� •6 i o '' ,t�' o ° ` .i Z • / / ' b -� al 5:L; r A% ; I >. ji fi 'I !i 4, 7/ / .,..,‘ / D,..../1/. ‘ ,:k.) '.-7)e,2.... \,,, 7, a , u • /.....i.L. LU 0 \'• if +► �Zf+t Jj'r,t~I �■ i' r ^ LI I— (oo I -� �sl�i� 1 �' !\ > Z Z w 1 f 1 t 4 C�t f`! � Ln G �•/ a 1 . !T,' J ti''Z ' r !!1�. -� { 1 .�^V `, `,�•6 �••••• ,}``ul • Q }- L_-+, N- [�' } , if .7 \ .,1 \til L 7.,'!/[O ..a qa ,t tic•• W✓ Qc i(..i1 ? i',: '� _. _• _. .__ .`-k\:_-_ .. . Q - .„-..k.:.,1 LL1 Z c.,fir N ` _ cc - rr. (�- CA`^ i f, �- . (_�`._ u_. L ,,,;4„' .. \ 1 I.,-Aii"" 'tl) ��C do�`~�oV ^d ,...c''.-ti_f♦ 1' �, ,-- • ,.N^- U v N Q sac N_�cl.W:oW. LL IR --- - ` _.,..„.....„...;:r.- __`-= --•ti —' z > f �rx��'�..�1114 �� ~• - I l red_ `� I _ — Z ��'^•_�./ v ���_= ata \ _� 1 t U 11.1 :.,,:„1:1:112.2..1L, :� '1 2 f >> ' ' 1^� /O^. Z (/ I;iiii++'' !ti '1 l lS..1(- ,® \vff f. ( /." : l { r - 1, ' t : f \ Cl., Q 1 S% II! 1,. -:i!' i'^ �i '� - (/a W' I! t —� a _, i- - i," • f •tf=_ • :a:1—Kj I " ' / I// / o: I 1.1., / + of: a I —��� , f c� t ,;•4:., ....., „ • \ ,� • '.) J t• iii. 170 :J tr , . };# tit ,1,; �� IMIE� P ( ( 1 I - U a , 1 c ''iii::41 . '. ''''.:4-‘i 1 . . :1 f171171. 4i411ii1191'' / „ .i 4,1, si . v . 1 0 • ,i-ill.- , v , )7 i tii; . 1 ' itti-, ,, 4. [,_. . 1, ___ _.., • • •#"`. 1 i I / . ;,•;,ilii,,I. 1: :!J `' i �� i 1 J ;:;:.hi tli, { f ;1\klt *4 N it l•liiii•i• , CD tt!j ii i;tll • ! •r' : c 'it'd \ r 7 11 1 \ ° i'L ' i'if k.. ( •'i + • L r� p/ ) /1 I -- I rN.... • 1 , I tv 11 C # 11 I I' \ / 1 °, : 11( viii L- _S I rl�5 Ip \ I(\ f II or 5- • \ .r- r' / 'J5 tel, i(i,. ` ;4/f / wi (71? /- _ /j I..— Pa I Appendix B Natural Heritage Program Letter Department of Natural Resources March 29, 1995 • rr\\nn��STATE OF DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40ni Boa(7- DNR INFORMATION (612) 296-6157 March 29, 1995 Mark Suel, Environmental Affairs Shiely Company 2915 Waters Rd., Suite 105 Eagan, MN 55121 Re: Quarry expansion and extended cut, T115N R22W sections 2, 3, 10, & 11, Scott County Dear Mr. Suel: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one- mile radius of the above referenced project. Based on this review, there are no known occurrences of rare species or natural features within the vicinity of the above mentioned project that are likely to be impacted. The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, units within the Section of Wildlife, Department of Natural Resources. It is the most complete source of data on Minnesota's rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features. The information in the database is drawn from many parts of Minnesota, and is constantly being updated, but it is not based on a comprehensive survey of the state. Therefore, there are currently many significant natural features present in the state which are not represented by the database. We are in the process of addressing this via the Minnesota County Biological Survey, a county-by-county inventory of rare natural features, which is now underway. However, Scott County has not yet been surveyed. Because there has not been an on-site survey of the biological resources of the project area, it is possible that ecologically significant features exist for which we have no record. Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota's rare resources. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed will be forthcoming. You are being billed for map and computer search and staff scientist review. Sincerely, ./// iff"tiri % 76'id"e7 Jennifer Kamm Endangered Species Environmental Review Assistant Natural Heritage and Nongame Research Program 612/296-8279, FAX 612/297-4961 nhp #920257 41-f- ,„„r r AN FOUAL OPPORTUNITY EMPLOYER Appendix C Noise Survey Minnesota Pollution Control Agency March 29, 1995 4 Minnesota Pollution Control Agency March 29, 1995 M . Mark Suel Environmental Affairs Shiely Company 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 RE: Noise Survey Dear Mr. Suel: The Minnesota Pollution Control Agency(MPCA), was contacted by the Shiely Company to r)(rform a noise survey to determine the level of noise produced by the operation of their Shakopee mine. On March 23, 1995, a noise survey was performed by Brian Timerson, of the MPCA noise program, and Mark Suel from the Shiely Company. The enclosed noise survey documents the Sound Pressure Level measured at seven monitoring sites located on the enclosed map. The monitoring was accomplished by using a portable sound level meter that meets the requirements outlined in the MPCA noise rules, Chapter 7030. Spot checks were taken at the seven sites because the noise levels were generally not varying to a significant degree. If:here are any questions regarding this survey or its results,please contact me at(612)296-7898. l:copy of the MPCA noise rule is also enclosed with this noise survey. iac;erel Brian Timerson Noise Control Specialist Air Quality Division BT:jmd Enclosures cc: AQD Noise Program File 520 Lafayette Rd. N.;St. Paul, MN 55155-4194; (612)296-6300(voice); (612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 10%fibers from paper recycled by consumers. NOISE SURVEY DATE:03/23/1995 MPCA INVESTIGATOR: Brian J. Timerson TIME START: 11:00 a.m. INSTRUMENTATION: Larson Davis Labs Model 700 TIME END: 12:00 p.m. S/N 1704 SOURCE: Noise Level Measurement. Mining Operations MONITOR LOCATION: Shiely Company. Shakopee Refer to Map Attached Meteorological Conditions Wind Speed/Direction 0 - 5 MPH/West TEMPERATURE: 10° C CALIBRATION CALIBRATOR SERIAL NUMBER: 0451 CALIBRATION FREQUENCY: 250 Hz INITIAL: 114.0 dBA FINAL: 114.0 dBA RESULTS: The following measurements are spot checks taken at various sites referenced by number on the attached map. Site #1 Northwest Corner 50dBA Site #2 Center of Property 48dBA Site #3 Primary Crusher 75dBA Site #4 Southeast Corner, by NSP Substation 50dBA Site #5 Center of Quarry 57dBA Site #6 Southwest Corner, near Tsumura 46dBA Site #7 South Center Line 49dBA Appendix D Vibrations from Quarry Blasting David Braslau Associates, Inc. December 6, 1992 TECHNICAL MEMORANDUM for ENVIRONMENTAL ASSESSMENT WORKSHEET Shiely Quarry - Shakopee, Minnesota VIBRATIONS FROM QUARRY BLASTING prepared for Barr Engineering by David Braslau Associates, Inc. 6 December 1992 TABLE OF CONTENTS page 1.0 PURPOSE OF THE STUDY 1-1 2.0 DATA ANALYSIS - CURRENT QUARRY 2-1 3.0 PROPOSED QUARRY EXPANSION 3-1 4.0 PREDICTED VIBRATION LEVELS AND IMPACTS 4-1 5.0 FINDINGS AND RECOMMENDATIONS 5-1 1.0 PURPOSE OF THE STUDY - The purpose of this study is to assess vibration impact potential at buildings close to the proposed expansion of the rock and gravel quarry operated by the Shiely Company. Data have been obtained from previous seismic records taken during blasting at the quarry. The data for which sufficient parameters are known have been sum- marized and have served, along with general information on blasting, as the basis for the vibration projections made here. The projected vibrations are compared with U.S. Bureau of Mines blasting guidelines to determine what level of impact might be expected from the ex- panded quarry. Recommendations are made to ensure that these guidelines are not exceeded. Some definitions may be useful to the reader: Delay weight - this is the weight of explosive that is detonated during any given instant of time. Explosives are shot in a pre-planned sequence with 'delays' of 20 milliseconds or more. This provides a more efficient method of breaking up rock. It is the maximum weight of explosive detonated at any one instant that determines the peak vibration level. Thus the term 'delay weight' or 'weight per delay' refers to this value. Particle velocity - when a wave from the blast meets the ground surface, the surface is accelerated and reaches a maximum particle velocity and displacement. For this study, the particle velocity is used as an indicator of vibration. There are three components of velocity (longitudinal - direction of the blast; transverse - per- pendicular to the direction of blast; and vertical. The resultant particle velocity, which is a vector sum of these three, will be used as the primary indicator of vibration and potential impact on nearby buildings. Scaled distance - this is distance normalized by dividing by the square root of the delay weight. Log/log plot - this is a graph in which both axes are logarithmic rather than linear. This type of graph is especially convenient since the average relationship between particle velocity and scaled dis- tance is normally a straight line in this type of graph. 1-1 2.0 DATA ANALYSIS - CURRENT QUARRY Table 2.1 contains a summary of seismic data measured from shots over the past year at the Shiely Quarry. Information in the table includes: DATE Date of the shot and seismic recording DIST Distance of the seismometer from the shot' LOCATION Location of the seismometer TYPE Type of shot, i.e. normal or floor FACE General direction of the exposed face DEPTH Depth of the shot hole BENCH Height of the exposed face DELAY Maximum explosive delay weight for this shot SCALE D Scaled distance (D/W1") FREQUENCY Frequency in Hz of long, tran and vert velocities PEAK PART VEL Peak long, tran, and vert particle velocity components VEC SUM Vector sum or resultant peak particle velocity Figure 2.1 is a layout of the current and future quarry area. Also shown in the figure are the two primary seismic monitoring sites. Most of the measurements have been made at the Elk River Concrete office which is close to the quarry. Other measurements have been made at the NSP substation which lies several hundred feet south of the quarry. Figure 2.2 shows the distribution of shots by date and time of day. It can be seen that shots have occurred between the hours of 10 am and 8 pm. In 1990, most of the shots were fired between 10 am and 4 pm, while in 1991 most shots were fired after 4 pm. This indicates that blasting can occur throughout the working day. Figure 2.3 is a logarithmic plot of resultant particle velocity (in/sec) versus scaled distance. Scaled distance is a measure of distance normalized using the square root of the delay weight. The U.S. Bureau of Mines has found that the wide range of blast data available lies along a straight line on a log/log plot. The normal or average relationship is shown as the line labelled "Normal" in Figure 2.3 and represents all components of particle velocity. It can be seen that most of the data fall below the normal line which is consistent with the U.S. Bureau of Mines data. However, some of the points lie above the normal line. The line labeled "Max" represents the maximum expected response from the quarry, based upon available data. While two points lie above this line, the occurrence of this combination of vibration and scaled distance occurred less than 1% of the time. The two data points lying above the "max" line are shaded in Table 2.1. It can be seen that these data points were taken at different times and locations and do not appear to represent any particular physical phenomena. 2-1 .. _ .... E wcm .ammcicm .tvw.w.- aclooknIIINvovtilwmulm - .- c4oloor, ocmicv , cmc., wcvoNc.1 .- ,4Nc.1 .- Nv,. .t .- 0. C 666660606000000000000ci - 0006060d t p. wcocyNov- wmcloacococniocom000wNmoivooNamcm 0 00000v- o ,- v- ov- oo . . . . . cap. , , , , ocm c4v- o 00000000000666666666466060dci00dddd in • . . C ;.7.. c OCOstNNNNMWWWWNMMONtOOMOWMOSOMOO8 — 0 T- Ov- 00 ,- 0 .- .- 01- 1- 0 ,- Al NO > ciddciciddciacicidddaddcicidcidddddcicidadcid = co a co 00coN , 0 .- coNmcor- 001cocolowi- mtm0) , mw00illo = c 1- N1- 00MOv- N 23 ddcicicicicidc$ 6666d6ddcicicicidddaciddcigg a. v ONCO0010WNOI- Nst0 ,- NOOWCONVOINNMW0) ts1- 00) .- 02 0 MM .- NOMNNOI- 0.11- NWIDAN ,- ,- N CV CV CM (NI CM 03 CI F- ,- 1 1. 1 ,.. c , owow , , owmooNoimvocovmvm _Ircoom — wvw (0 ,- O 0 NO .- vt0) .- WOI- v, m- NI- Mv- ONv- v- stv- (7i-. 0i- NI- ONWN w m o co 0F - womm .imoocImoltcsicom w MCNII- Wnl- NMI- v- COM ,- NO .- N .- .0v- .01- CNIV' MNOCON 0 1 1 U. 0 .... (0cOstet- Mi0IWCOMMOWWW0- C, N d w g13, r•Z67- 46461.: NMrst%. COM 6666666 .- .- .- .- .4-4, er rst-: CD 01 .03: 1% W:0) 03 Z ...J CMv, V.* v• • ai 0 w w < >. oocsc. c.- toopltwroulinco- o- 0000000 . 00c- o- NrNmo cow cvvmwoNcom A2221S1 NN 113C00) 1,0 5 5 mm m commmvo NN v- CMNq7 O w 0 0 0 1--1 • < X AO- COCOOMMO %t0000, 00.1C4COOWN N D 0 mm erver6666st etver 66 mmstv < Z LU ...I LLI -J M m - Ct3 < CC . cr - M N .tvgAc' SWMLIMM7A % M " c" MM .7 .5387- 22V434"417W ca 5 w < o co›- w o muuf um = = , = = tywry = = = t .er C m tv t O < 0 w 0 0 0 CD up100200 0 0 0 0 0 0 W W C%. Z0.. ZZSZZO.. 0. 0.. ZZC•. C,.. 0. ZZC•. Z ..J F. 2 Mt., "a mmmmcommmm co to cc RI RI RI RI CO RI ca as as a, co ° 0 w EEE -,- t- E ,- EEEEEEEEE EEEEEEEEEEEEEE m I • 5U -2 Z w 1iL2222222222 , 222g22222222Z W WWWWWWW g P EEEwEEHMEEHE • . = . . . LT. . . . . . . . . . . . , < 000w000000000000 0000000 vr zzzozzzzzzzzzzzz zzzzzzz cm x4 000 >. 000000000000 0000000w m >- 000 ..j000000000000 0000000w m w cc z mmmwmmmmmccxxxxxx xxxxxxxo co cc, 0 wwwIwwwwwwwwwwww wwwwwwwx 2 3 p > > > m > > > > > > > > > > > > > > > > > > > 10 1.1 0 < MIEMLLIECCXXXXXXXMIIM MMMIEMMIL _J S .J - Y ° YYYYYYYY "- (0000) (0051E z -J -1 -i . 5 -50 -J -i -i -J -J -i -J -J -J - 00 w -J WWWZWWWWWWWWWWWWZZZZZZZZWWWWWWW0 3888888288888888888888888888ag I— 88 8 8 8 U) 0 NN1r021rstWVVNOOW0001 M00000rn 1 2 — .- - .- . . . . . . 00NNO.INNNOI CNiNv• ,.. v- V. 0 X v- LL 000000000.0.0.00000 0 M0OMMMMMOIMMMOMMMMMMMMMM00M0MMM0DMMM < '- " °3 CM 't ° .- CO CO 0 CO CV 0 (D v. 0 0 .. •-- .1t .1t to to cr) t's P-• CD R3 .CD-CD Ul (0 oc"- cmcmmm .- .- cmcmaaa & NNNcmc\INtvcmcmoNcNoo .- .- N .- _i 0 w 1- ?,.. .>;. .›, ZZZZZZZZZZZZ _J000- 0- MMCI- °1- M g < — — — — < < ZDMDDDDDDDDDMDDDM = DODWWwWW li Cri rN01tWW1'.. 00) 0 ,- NOVWWNWMOr- NMV0 (01.. WMOv.. NO NNNNNNNCNINN00.(00 17 Cl) 0 M CI 0 p� W Z N .« C VI<ZO « Q' Ap O oWf- LL III $ �a ZO rr Z J >`�O 6- - 3�0 in ;2t tvri�<w aU O.W N .- •• < e- g ,,H . R oz �_<z a W `�a LL.1 I- > W yy O T I / - �` `,V CJI if). Witirel- °-f 0 • • � a 11 1 - - Z• o • pii . iI I 1 , 0. L,, 11::1 wArfpro . 0 • 1L- - , rsii,‘,,,, , .\�\-�, ° SII \. 1 - / \,\\\\ _ . I fb, ACOO oo I . 1\\\\� \\\ �� JC7y ii 'I� �D��\\ \ •�\ O V W N S-.\\c\-) l \ i \,D,`••,, : \\ tb 1-:c>--6- \ �a0o z 0. D o\:::\' �Q // ti `% ,, III °°4111111 - II ,�: tI I II co< ...ryi f �f � ' • R I1 I .� 11 � V � , • • • Ig c 4: R ir i4 } A .. CR A 0 F• O pliAz ona Om ../ ///11111 A 0. •=mema.......1........1te a , V„`1,. h S)"7.-7e:'i 411111.11, i I : • n ., ,A SHOT TIME VERSUS SHOT DATE SHIELY QUARRY — SHAKOPEE. MN 20 8/27 19 0 9/19 U 18 1/06 9/19 17 O 09/025 6/10 10/160 • 16 0 6/25 N 0 15 0 6/20 = 14 ❑ ❑ 0 F 13 7/09 8/❑27 12 6/23 U 11 6/24 p 10 June July August September October TIME PERIOD (Month/Day). FIGURE 2.2 RESULTANT VELOCITY VS SCALED DISTANCE SHIELY QUARRY - SHAKOPEE, MINNESOTA I I ; 1 1 1 I ! I 1 : 1 !-......;«...;.....*.... i W z Z MAX _.__ _�.««.« NORMAL .�! _ . I z 0.1 .._ ..«. _ ,««_«_.« «_«,.«« .._.,.«....««....».. ._.. .._. V=350(SD) ^ (-1.48) i. ...1 ----4-----7- i----i-i i-i -i*----4--. -4---4--4-+-4-- CO cc _---« «««_ . «I «._«. ..__...« _ _« «_ V=103(SD) ^ (-1.45) 0.01 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10 100 1000 SCALED DISTANCE (FT/DELAY^1/2) FIGURE 2.3 3.0 PROPOSED QUARRY EXPANSION Figure 3.1 is a vertical cross section running generally west to east. This cross section has been developed by Barr Engineering using the well data indicated in the figure. This cross section is represented by the line "A-A" in Figure 2.1. Figure 3.2 is a vertical cross section running south to north and is represented by the line "B-B" in Figure 2.1. The current quarry and proposed quarry expansion are shown in Figure 3.1 and Figure 3.2. From these figures it can been seen that blasting is being carried out in the Prairie du Chien Group Dolomite with sandy lenses. The working base elevation is 685 feet MSL. The potential of going down to 655 feet MSL is being considered for the proposed quarry expansion. This will not have a major effect on surface vibrations, however. A critical factor in determining ground vibration is the material between the cohesive rock and the surface. In the present case, the overburden consists of sand and gravel with irregular lenses or discontinuous beds of clay, silt, boulders and till. Depth of this overburden is generally on the order of 20 to 50 feet. The overburden depth and the Elk River Concrete monitoring site is on the order of 10-30 feet, based upon information provided by Barr Engineering. From Figure 3.1 it can be seen that the depth of overburden west of the proposed quarry expansion is also on the order of 20-30 feet. Thus, the vibration levels monitored at the Elk River Concrete site can be used to realistically predict vibration levels at the buildings located west of the proposed quarry expansion. Three buildings west of the proposed quarry are considered to be the most critical in terms of potential vibration impacts. There are: Building MINIMUM DISTANCE TO QUARRY Conklin Building (NW) 350 feet Conklin Building (SW) 650 feet FMG Tsumura Building 1100 feet Each of there contain different types of manufacturing operations. 3-1 8 8 § 8 i 1 1 < t090ZZ I z 0 5 W w N 0 oc N QJoY 0 o� oe0 cc is * cc 0., tg v' o a la o A E 2 'xc0 aQ O.`o C �a 90fLOZ I I o c 0 SOtrLOZ I I V eo c o I 17 1 O O y r Ct OC • O o C M O _ C a 4 w 1- (/C1-1-- 111 1 N$ wwo 3 c Ey CT "2c-/ o c• LL ow „j o tOt•LOZ I S c o .i.41 o E c1$ O U, (1)in- = 1.= pa o O xo. « i $'�C `' &Q4'S c N – w O 3mV W w 5 4 13 O E c m 1.O1PLOZ I n 0c= >- 9oCr) C u 0 0 2 9 U N O O a c- * VI _ a £OfLOZ 1 zz o i /— J_ � 'm w H1 V W N 2 co CO W Cal «mJ W H _< 3 SS990Z1 cc -c.) w -N 4S990Z ; o n U _ O Nr--- 80 (isw looj) u0i;onol3 O CO I O N O o m Z0 co I I I b m 1 O rw % LO L AdMH91H I E c o 1= c 0 o$�, w o JI= I au o. o N N O C Z N c o r o ° V° 0 1 L a N . j I p 'O o nOmcc y --o a 0 J �' 104LO1 Jw oN I o wo$N tNII 0 .. C U O N rel o.°) t O€.`0 o O V O pOCN ix c 12 N o 0 UL c0 h �-o a L - I •O 0 NC 000 N C E N I of . 3`00 0 Z LL ...OO C rx£04LO1 g .s z NNN g j8 - w O - . y j 03 If)03 m2 41 ~Z �gf= v) I LOLOl I r' • 3 .Z o -0 I CO I I I I i g 0 0 N 0 m 0 g O O N (ISPI 1o0.4) uo4on013 4.0 PREDICTED VIBRATION LEVELS AND IMPACTS Using the expression shown in Figure 2.3 for estimating maximum particle velocity, given distance and delay weight, peak particle velocities have been estimated for the buildings closest to the expanded quarry. These make the very conservative assumption that shots are fired at the extreme western edge of the quarry which would not actually occur. The closest approach may in fact be several hundred feet further to the east. The conservative estimates of ground vibration are shown in Table 4.1. TABLE 4.1 PREDICTED PARTICLE VELOCITY AT CLOSEST BUILDINGS LOCATION DISTANCE DELAY SCALED PEAK VEL (BUILDING) (FEET) (LBS) DISTANCE (IN/SEC) Conklin NW 350 350 18.71 4.59 Conklin SW 650 350 34.74 1.83 FMG Tsumura 1100 350 58.80 0.84 From Table 4.1 it can be seen that a resultant particle velocity of 4.5 in/sec is projected for the nearest building and 0.84 in/sec at the FMG Tsumura Building if blasting would occur at the westerly edge of the quarry. From the basic seismic data contained in Table 2.1, it can be determined that for the observed velocities the frequency range from 10 to 40 Hz with no par- ticular dominant frequency. No relationship between measured particle velocity and depth of shot can be identified. Figure 4.1 is a plot of fre- quency (of vertical particle velocity as an example) versus distance from the shot. It can be seen that the frequency generally decreases with distance from the shot. However, up to about 1600 feet from the shot, there appears to be no dominant frequency. Figure 4.2 presents the blasting criteria currently recommended by the U.S. Bureau of Mines. The permissible particle velocity is shown as a function of frequency. The permissible velocity is lower for lower frequencies since the acceleration and hence damage potential from blasting is lower at these fre- quencies. Shown in the figure is the range of frequencies observed from the quarry (10 to 40 Hz) . Assuming shots fired at the extreme west extremity of the quarry, it can be seen that the 4.5 in/sec particle velocity at the nearest Conklin Building would exceed the guidelines, while that for the FMG Tsumura Building lie just below the curve representing some type of structural damage. It should also be emphasized that these guidelines were established primarily for wood frame buildings which are more susceptible to damage than steel or reinforced con- crete structures. For purposes of comparison, the peak vibration level caused by a truck passing over a pothole on a road 100' from a building will cause a particle velocity of 0.04 in/sec. This would be perceptible but not particularly noticeable. A vibration of .84 in/sec would be clearly noticeable. 4-1 FMG Tsumura has expressed concerns about vibration impacts on sensitive com- puter and laboratory equipment. The other concerns about sweated joints and building design are addressed by the U.S. Bureau of Mines structural damage criteria. Potential impact on sensitive instruments is a different issue. Vibration limits vary greatly for laboratory instruments. For a general electronic apparatus, a particle velocity of 0.19 in/sec is recommended. For an electron microscope, a velocity of 0.00013 is recommended. It is clear that for the most sensitive equipment, vibration isolation must be provided anyway to protect from normal heating/ventilating mechanical vibrations and pedestrian traffic. As noted above, a truck hitting a pothole outside of the building could cause a particle velocity of 0.04 in/sec. Assuming that the more sensitive equipment must be protected in any case, a vibration limit of 0.20 in/sec would appear to provide protection for both the building and sensi- tive equipment. The vibration levels predicted here are at ground level, and a slight increase might be expected for structural elements placed well above ground level. Since the levels predicted here are conservative and represent maximum ex- pected levels, the building response for the closest single story Conklin Buildings is considered to be small and is assumed included in the prediction. Since these structures are closest to the quarry and hence most critical, levels at the FMG Tsumura Building will be considerably lower as can be seen from Table 4.1. 4-2 FREQUENCY VS DISTANCE FROM SHOT SHIELY QUARRY — SHAKOPEE. MN 40 ID 0 38 36 34 32 fl 30 EI 13 fl 28 C7 26 D 24 v O O 22 20 18 16 C7 14 D fl � O 12 D 10 1 1.4 1.8 2.2 2.6 3 3.4 3.8 4.2 (Thousands) DISTANCE FROM SHOT (FEET) FIGURE 4.1 BLASTING CRITERIA Permissible Particle Velocity as Function of Frequency 10.0 - 1 1 1 1 I 1 l i l 1 1T— i i I 1 1- • 2 in/sec 0.008 in F- U of 1.0 — — w 0.75 in/sec, - > - Drywall w v - 0.50 in/sec, ,/ plaster rr a 0.4 in/sec limit - 0.030 in 0.2 in/sec limit • .I t t t t t tit , , , t t t t , 10 40 100 FREQUENCY, Hz Source: U.S. Bureau of Mines FIGURE 4.2 5.0 FINDINGS AND RECOMMENDATIONS Predicted vibration levels from shots at the western extremity of the quarry expansion, assuming current practices, will exceed the U.S. Bureau of Mines guidelines for the closest buildings. Therefore, it is recommended that these practices be modified to ensure that these guidelines are met. Table 5.1 suggests limitations that may have to be imposed on shots at the expanded quarry. The table shows the effect of the 0.2 in/sec limit and a more liberal 0.4 in/sec limit. While the 0.4 limit would protect the structures, the 0.2 limit would be needed to protect more sensitive equipment. The final limit chosen should depend upon activities taking place in the nearest buildings at the time the quarry reaches this point. The limit of the expansion is not ex- pected to occur for 10 to 20 years. By that time, currently available or new technology equipment can be used which permit blasting procedures to be precisely determined to ensure that pre-established vibration levels are met. TABLE 5.1 BLASTING LIMITATIONS AT CLOSEST BUILDINGS CONKLIN CONKLIN FMG BLDG NW BLDG SW TSUMURA Assuming maximum particle velocity of 0.2 in/sec at around level Min distance to building (feet) 350 650 1100 Using Maximum Relationship Min dist at 350 lb/delay (ft) 2906 -2906 2906 Max delay at min distance (lb) 5.1 17.5 50.2 Using Normal Relationship (ft) Min dist at 350 lb/delay 1272 1272 1272 Max delay at min distance (lb) 26.5 91.5 261.9 Assuming maximum particle velocity of 0.4 in/sec at around level Using Maximum Relationship Min dist at 350 lb/delay (ft) 1819 1819 1819 Max delay at min distance (lb) 13 44.7 128 Using Normal Relationship (ft) Min dist at 350 lb/delay 796 796 796 Max delay at min distance (lb) 67.7 233.4 668.3 5-1 From Table 5.1 it can be seen that a 5 lb delay at 350 feet could cause a par- ticle velocity of 0.2 in/sec, based upon current data. It should be em- phasized, however, that the closest measurement for a floor shot is 800 feet. It is therefore unlikely, that blasting operations will occur this close to buildings and the edge of the quarry property. It is recommended that once the new quarry is opened, periodic seismic measurements are made at the Conklin Buildings and FMG Tsumura. As the quarry expands to the west, changes in blasting procedures can be made to ensure that the 0.2 in/sec particle velocity limit is not exceeded. This limit should provide protection for the buildings and office and laboratory equipment that does not otherwise require vibration isolation for its normal operation. quarry.eaw 91058-01 5-2 Appendix E Review of Archaeological Reconnaissance Survey by Loucks & Associates Inc. Minnesota Historical Society August 24, 1995 1Z MINNESOTA HISTORICAL SOCIETY August 24, 1995 Mr. Mark Suel Shiely 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 Dear Mr. Suel: Re: Shakopee Quarry expansion S2, 3, 10, 11, T115, R22, Scott County SHPO Number: 95-1963 We have reviewed the results of the survey of the above referenced project area by Loucks and Associates. Based on the results of this survey, we feel that the probability of any unreported properties being located in the area proposed for quarrying activities is low. We do note that there are burial areas in the general vicinity of the project, and that the survey report has also been submitted to the Office of the State Archaeologist and the Minnesota Indian Affairs Council. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions on our review of this project. incerely, itta L. Bloo erg Deputy State Historic Preservation fficer BLB:dmb cc: David Mather, Loucks Mark Dudzik, OSA Jim Jones, MIAC 345 KELLOGG BOULEVARD WEST/SAINT PAUL,MINNESOTA 55102-1906/TELEPHONE:612-296-6126 1V. . 2 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Twin Cities Housing Development Corporation (TCHDC) MEETING DATE: May 6, 1997 Introduction: Staff received a call from Barbara McCormick, and subsequently met with Ms. McCormick and Barbara McQuillan of the TCHDC. Attached to this report for the Council's information is a copy of Ms. McCormick's April 28th letter and accompanying materials. TCHDC is looking for opportunities to develop affordable family housing in the Metropolitan Area generally and the City of Shakopee specifically. They are seeking 5 to 7 acre sites to build 30-50 unit townhouse developments having a density of between 5 to 7 units per acre. The activities of TCHDC in developing affordable housing do not require a local financial commitment, but TCHDC does seek the assistance of local government in assessing sites for development, and in proceeding through the development process. Before proceeding with further discussions with TCHDC, staff is seeking input from the Council as to whether it is interested in such further discussions taking place. Should the Council wish, representatives of TCHDC would be available to meet with the Council to discuss their approach to development. Action Requested: Direction to staff regarding whether to proceed with discussions with TCHDC regarding the identification of sites for affordable, rental townhouse development in Shakopee. R. Michael Leek Community Development Director TCHDC.DOC/RML 1 RI INC ITIESHOUSINGDEVELOPIVIENTCORJORATION 400 SELBY AVENUE•SUITE C SAINT PAUL,MINNESOTA 55102 (612)292-0211 April 28, 1997 z. ell VP IQ) Mr.R.Michael Leek Ms.Julie Klima 1-'K 2 9 1997 Community Development Director Planner City of Shakopee City of Shakopee 129 Holmes Street 129 Holmes Street Shakopee,Minnesota 55379 Shakopee,Minnesota 55379 Re: Twin Cities Housing Development Corporation Dear Mr.Leek and Ms.Klima: Thank you for your time meeting with Barbara McQuillan and me a few days ago. Affordable housing is a much-misunderstood issue and I appreciate the opportunity to provide you with a little more detail of the type of housing that Twin Cities Housing Development Corporation can offer. Twin Cities Housing Development Corporation is a nonprofit housing developer and owner,specializing in providing good quality,affordable family housing. We incorporated in 1983 in order to assist the cities of Minneapolis and Saint Paul in meeting their housing goals. We produced and currently own approximately 600 units of affordable rental housing,most of which are located in Minneapolis and Saint Paul. We also have one development in Roseville and one in Saint Louis Park. Recently,our Board has refocused our mission to provide family housing in the seven-county area,including suburban and exurban parts of the metropolitan community. We are providing a complete list of our development activities,as well as more detailed information about developments similar to what we would propose in Shakopee. We have attempted to identify communities where there are established housing needs,as well as employment opportunities in the income range we would like to serve,which is approximately 40 to 50% of the area median income,or an income up to$34,780 for a household of four. One of the fmancing vehicles which we have used extensively is the Low Income Housing Tax Credit program,which would be determinant in the income and rent restrictions for the housing we would produce. The Minnesota Housing Finance Agency,the primary allocator of tax credits for the state of Minnesota,has specified in its selection criteria that tax credits would be available to projects which are affordable to persons with incomes at 50%of median,as adjusted for household size. We would hope to provide housing in which the rent for a two-bedroom unit would be$500 to$550,and the rent for a three-bedroom unit would be approximately$550 to$600. One of the better features of the Low Income Housing Tax Credit program is that,once initially qualified for occupancy,subsequent increases in household income do not later disqualify a household. We have several developments which provide good quality,stable housing to families while they are preparing themselves financially for home-ownership. We produce new townhouse-style developments for families(two,three and four bedroom units),offering our families the privacy and autonomy that households with children seem to prefer. We like to provide in-unit laundry hook-ups,tot lots,and we work with our residents to develop some form of resident organization. Many of our current developments are organized as leasehold cooperatives. We like to build developments in the 30 to 50 unit size range,at a density of 5 to 7 units per acre,requiring about 5 to 7 acres. We think this is both a density and a size that affords some economies of scale,without creating housing that is too impersonal or large or overwhelming to a community. • Shakopee Letter Page 2 As a nonprofit developer,it is part of our mission to work cooperatively with communities,so that we are providing housing that is genuinely needed and wanted. We are committed to building the relationships within a community that allow our neighbors to know how to reach us,and we pride ourselves in responding quickly to concerns which are brought to our attention. Our housing is managed by fee managers on a contract basis,and we work closely with our existing management fines to assure that our properties continue to be assets in the communities in which they were built. We are committed to providing space for residents to meet at the site of our developments,and to offer special opportunities for programming for children and educational programs. One of our current developments has a computer lab on site,and we have seen numerous benefits in having these services available to residents where they live,another factor in our determination of the optimum-sized development. While not a service agency ourselves,we believe strongly in the value of making the space available and coordinating opportunities for local service providers to work with our residents. We have participated in numerous such collaborative efforts. The Scott County Maxfield market study illustrated a pronounced need for additional rental opportunities in Shakopee,at virtually all income levels. We are convinced that existing employment opportunities and the overall housing needs in Shakopee would make the quality and type of housing which we can provide a much-needed addition. Furthermore,our orientation as a nonprofit developer working closely with city staff can help you to be certain that what is developed reflects well upon the community as a whole. We prefer to work closely with staff in assessing sites and understanding each community's unique requirements and dynamics. We hope that we will be able to work with you in identifying a suitable site for us to produce housing in Shakopee and look forward to hearing from you soon. If there is any other information we can provide to you,or if it would be helpful for us to attend a public meeting to discuss our approach to development,we would be delighted. Thank you for your time,and I look forward to talking with you soon. Sincerely, Aotwetd.A4A. Barbara McCormick Asset Manager C/Intro Letter MITINT Cif I N;SHOUSINGDEVELOPMENT CORPORATION " 1"a�F o +.qi r R ` µ,Vi;c zs r`4 0 ' 4 ; h So- fi �i .1 .. # .v Goodrich Cooperative Developed by Twin Cities Housing Limited Partner: Metropolitan Low Income Development Corporation Neighborhood Housing Limited Partnership I and West 7th/Fort Road Federation The West 7th/Fort Road Federation is a commu- 277-291, 323-327, 322-332 Goodrich Avenue, nity developer with a strong desire to preserve 108 Garfield, Saint Paul, Minnesota older buildings. The Federation worked with Twin Cities Housing Development Corporation to retain Thirteen rehabbed 2-bedroom units the architectural detail of the buildings that were Three new 3-bedroom townhomes, substantially rehabbed, and to assure that the 1,375 square feet average in-fill townhouse units were compatible with their One rehabbed 3-bedroom single family house older neighbors. Historic research identified a row- Two rehabbed 4-bedroom units house constructed in 1887 by James Burbank (a Built or substantially rehabbed: 1989 founder of the forerunner of The Saint Paul Companies) for his mother and sisters. The Designer: Criteria Architects restoration of the Burbank Rowhouse earned the Contractor: Langer Construction Company general partners an award from the Saint Paul Heritage Preservation Commission and the Saint Property Manager: La Salle Group, Ltd. Paul Chapter of the American Institute of 1997 Rent: $490 for two-bedrooms Architects. $550 for three bedrooms Special Features: $590 for four bedrooms Washer/dryer in each unit Financing provided by: Organized as a Minnesota leasehold cooperative Family Housing Fund of Minneapolis Older architecture with high ceilings, large and Saint Paul windows, and distinctive detailing Saint Paul Housing and Redevelopment Authority West 7th/Fort Road Federation ThTIN Ci'i'I ViSHOUSINGDEVELOPMENT CORPORATION 0 , , „... ..,,, ,. ,,,,,„, ,„ ,::JLI,11,014,,,_r , / ,,, ..„.„,„.. tioN4k, , ,%„, . ,i....,,/ , ..101 ,,k .„,„ ,„...1z,, , ,„. „, , . . ti, ,_„,,,,,,,,,,. ' ', '1, l %kill , , - \ F4 t c., 4 1 Ili se 1 h aili y r-r I III 111111 1 ' lir ,ir'„Err11 l ' i. g 1� N.044,,,,,..0., k gr. 1StM a,M,.... � ..,. .,q.«�r q''''''''' :A. «�, �� ,. M .,. �'§ '�� #pro wn i�u '" 's 'h° w�. * "tom �"0 141km*N4y4r 60 Carroll Avenue Townhomes Developed by Twin Cities Housing Development Limited Partner: National Equity Fund Corporation Working from a basic prototype of a three-bed- 925-945 Carroll Avenue room townhouse, this project is essentially the Saint Paul, Minnesota same unit design as Clinton Avenue Eleven 3-bedroom townhomes, Townhomes and Lincoln Townhomes. 1,200 square feet each Developed with the same lenders and limited partner, these properties are in separate parts Built: 1987 of Saint Paul, and so do not present as a large Designer: Hammel, Green and Abrahamson development, but together contain forty-seven units. Contractor: Langer Construction Company Special Features: Property Manager: La Salle Group, Ltd. Full basements 1997 Rent: $542 Detached garages One and one-half baths Financing provided by: Washer/dryer in each unit Aetna Organized as a Minnesota leasehold Family Housing Fund of Minneapolis cooperative and Saint Paul Saint Paul Housing and Redevelopment Authority rilATIN Cr111 Ii:SHOUSINGDEVELOPMENT CORPORATION i Alk F....F. -.� . ... - " T. L4I ` Ii� l , . ii ','±EL ` ., ....it. . , .... . , .. O.. -- . ,e..,..._ Clinton Avenue Townhomes Developed by Twin Cities Housing Working from a basic prototype of a three-bed- Development Corporation room townhouse, this project is essentially the 465-499 Clinton Avenue same unit design as Carroll Avenue Townhomes Saint Paul, Minnesota and Lincoln Townhomes. Developed with the same lenders and limited partner, these proper- Eighteen 3-bedroom townhomes, ties are in separate parts of Saint Paul, and so 1,200 square feet each do not present as a large development, but Built 1987 together contain forty-seven units. Clinton Avenue Townhomes residents have formed a Designer: Hammel, Green and Abrahamson Block Club to counter some of the difficulty of Contractor: Langer Construction Company being between a liquor store and a park, and are mistaken by other West Side residents as a Property Manager: Perennial Properties group of owner-occupants. 1997 Rent: $580 Special Features: Full basements Financing provided by: Detached garages Aetna Family Housing Fund of Minneapolis One and one-half baths and Saint Paul Washer/dryer in each unit Saint Paul Housing and Redevelopment Organized as a Minnesota leasehold cooperative Authority Across the street from a park and the Neighborhood House Limited Partner: National Equity Fund TWIN CITIESHOUSINGDEVELOPMENT CORPORATION y l� k' , of \, 4-1p,r a . 711-- g, r m +draw xm s,` a�+ ` -131 ,ifi 1111114 ° 3 H. Lincoln Townhomes Developed by: Twin Cities Housing Working from a basic prototype of a three-bed- Development Corporation room townhouse, this project is essentially the 497-515 Tedesco Street same unit design as Carroll Avenue Townhomes 634-648 Burr Street and Lincoln Townhomes. Developed with the Saint Paul, Minnesota same lenders and limited partner, these properties are in separate parts of Saint Paul, and so do not Eighteen 3-bedroom townhomes, present as a large development, but together con- 1,200 square feet each twin forty-seven units. This development was Built: 1987 built on a former school site, and is bordered by a limestone wall constructed in 1936 as a Work Designer: Hammel, Green and Abrahamson Progress Administration project. Contractor: Langer Construction Company Special Features: ■ 0*"." : � Full basements Property Manager: Perennial Propertiesr���u"� Detached garages 1997 Rent: X530 ��� One and one-half baths Financing provided by: - Washer/dryer in each Aetna � unit Family Housing Fund of Minneapolis ,, �°'x Organized as a ® �-= Minnesota leasehold and Saint Paul r Saint Paul Housing and ".I � � ;�` 1-14' cooperative Redevelopment Authority Across the street from a park with play Limited Partner: National Equity Fund equipment rIWIN Grill N;SHOUSINGDEVELOPMENT GORPORA11ON f w tt-azRik � R mi 6 % - .tea ,., .-. _ s - 7,,,,,,,,!: ;47-ii.......- 7 ; , am ; ! . NI! A i f--, Irl 7-7 .. _ ., ; 11!Iii #a{ yi ft;441 - iii.,: , .,.. , _ i ....... ., „,„ , .11 1 , _. _ ,___ _ . _ ......, , ., , , - ;,.. ,, ,. w .1.'4's ''41 'V..' —''''' —' "'""*. 1 ', • to se -si ". Montana Avenue Townhomes Developed by Twin Cities Housing Limited Partner: Boston Capital Development Corporation Area residents were, at first, not pleased about 92-106 West Hoyt Avenue the proposed low income housing coming to 93-105 West Montana Avenue their neighborhood. They expressed concerns Saint Paul, Minnesota about density and the appearance of the devel- Thirteen 3-bedroom townhomes, opment. Those concerns have been unfounded, 1,290 square feet each and the property provides goodb quality housing which does not intrude upon its neighbors. Built: 1989 Special Features: Designer: Dovolis, Johnson, Ruggieri Tuck-under garages, with basement Contractor: Langer Construction CompanyWasher/dryer in each unit Across from ball fields and park Property Manager: La Salle Group, Ltd. g Organized as a Minnesota leasehold cooperative 1997 Rent: $590 Financing provided by: Minnesota Housing Finance Agency Saint Paul Housing and Redevelopment Authority I IWN Cr'l'i 1 :SHOUSINGDEVELOPMENT CORPORATION - di isiNir....... _ _._,„,..„--,..- .. 1;14 ' P *'..°':., :1 � " ,,,'4,' `�' rta - ' '' yak' ° s ; e k ,bot 2.7-17";y. _� "4"4111111%64*-1 lifirmil,---; ,n �'" Imo•w t , ,.. , , ill , 1 q i,:,----' I .,[1. , -; 1 i ' , ,' rv4°r Fuller Homes Developed by Twin Cities Housing Limited Partner: Boston Capital Development Corporation This development saw no turnover from 1989 to 265-271 Fuller 1995. Two of the three residents who have 421 Galtier moved did so to buy homes. 308-312 Aurora Special Features: 446-450 Farrington Detached garages Saint Paul, Minnesota Washer/dryer in each unit Four 2-bedroom townhomes, Organized as a Minnesota leasehold cooperative 1,090 square feet each Five 3-bedroom townhomes, 1,250 square feet each Built: 1989 Designer: Dovolis, Johnson, Ruggieri -' N ,7t ' ' ' ` .- 41;4 Contractor: Langer Construction Company 'Alit 5 l ' Property Manager: The Parliament Company =- -- . 1997 Rent: $520 for two bedroom ilic ' '"sR $550 for three bedroom � Financing provided by: Minnesota Housing Finance Agency Saint Paul Housing and Redevelopment Authority ThT1N Cl'1'TFSHOUSINGDEVELOPMENT CORPORATION ` a ms b . ^°m-,~ ,t t 4 r f ' ,. � -, � ?.,-... °qty ,o- ,14",„„ a -....... F ¼ rd>f y 39 ' r T Phillips Place Developed by Twin Cities Housing r , Financing provided by: Development Corporation Aetna and Phillips Neighborhood • -, ,g,741' City o f Minneapolis Housing Trust °" g Minneapolis Community 1901-1915 13th Avenue SouthII v Development Agency 1305-1319 East 19th Street Limited Partner: National Equity 1900-1912 14th Avenue South Fund Minneapolis, Minnesota Incorporating two older buildings Nine 2-bedroom townhomes, •mto the redevelopment o f nearly a 942 square feet each square block in the Phillips neigh- Fourteen 3-bedroom townhomes, borhood, Phillips Place was I. 1,345 square feet each awarded a Committee on Urban Built: 1988 Environment award for the quality of its design. Designer: Dovolis, Johnson, Ruggieri special Features: Full basements Contractor: Steenberg-Henkel Construction Washer/dryer in each unit Company Organized as a Minnesota leasehold cooperative Property Manager: The Parliament Company 1997 Rent: $425 for two bedroom $500 for three bedroom /y. b. 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Valley Green Business Park Request for Minor Comprehensive Plan Amendment Involving a MUSA Trade MEETING DATE: May 6, 1997 Introduction: Valley Green Business Park is requesting that the Council proceed with a minor comprehensive plan amendment involving a land trade for MUSA in order to accommodate a major national corporation's desire to locate in the West Dean Lake area. A copy of Jon Albinson's May 2, 1997, letter is attached for the Council's information. City Code Sec. 11.82 (Planning Commission) Subd. 6 (Comprehensive Plan), permits the Council to propose Comprehensive Plan amendments to the Planning Commission by resolution. In the event that the Council deems it appropriate to accommodate Valley Green's request, staff has prepared attached Resolution No. 4665, a resolution proposing the requested amendment to the Comprehensive Plan. Staff has already set a May 22, 1997, public hearing on a plan amendment for the West Dean Lake area. Should the Council pass Resolution No. 4665, the proposed amendment can be addressed at that public hearing. Alternatives: 1. Pass Resolution No. 4665 proposing a Comprehensive Plan amendment involving a MUSA trade to add MUSA in the West Dean Lake area. 2. Do not pass Resolution No. 4665. Action Requested: Offer and pass Resolution No. 4665. R. Michael Leek Community Development Director MUSADOC/RML 1 RESOLUTION NO. 4665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,PROPOSING A MINOR COMPREHENSIVE PLAN AMENDMENT TO EI'FECT THE TRADE OF METROPOLITAN URBAN SERVICE AREA (MUSA) INTO THE WEST DEAN LAKE AREA WHEREAS, the City Council of the City of Shakopee has received a request from Valley Green Business Park to consider a minor Comprehensive Plan Amendment which would add MUSA area in the West Dean Lake area by trading out existing MUSA area: and WHEREAS,the proposed amendment and land use are generally consistent with the policies set forth in the City's Comprehensive Plans; and WHEREAS, the proposed MUSA trade will not adversely impact the use of those areas of the City proposed to be traded out of the MUSH; and WHEREAS, implementation of the proposed plan amendment is desirable to accommodate desired and orderly development within the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. That the Planning Commission proceed in and expeditious manner to hold a public hearing on the proposed Comprehensive Plan Amendment Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 MUSA.DOC/RML 2 Valley BUSINESS PARK May 2, 1997 Mayor Jeff Henderson City Council Members Mr. Mark McNeill CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Re: Metropolitan Urban Service Area Dear Mayor, Council Members and Mr. McNeill: Valley Green Business Park recently requested Council's consideration in promoting a MUSA expansion for the City of Shakopee with the Metropolitan Council. The request was based on the unprecedented development we have going on in the business park, development that will leave us with little developable land in the Urban Service Area. Also at issue was the interest expressed by a major national corporation wishing to locate their corporate headquarters (80,000 to 120,000 square foot office building),in the business park. In their review of suitable locations for an office building, the only site defined appropriate in Valley Green was outside the MUSA area, south of the bypass. Michael Leek recently shared information with me provided to him by Metropolitan Council staff members that would suggest the process facing the City in expanding the MUSA line with "new" " MUSA will probably be lengthy and cumbersome. Our ability to accommodate a developable site for this office building prospect will not work with the processes being suggested necessary by Met Council staff. That process would also open up the City to additional levels of scrutiny beyond that which would seem necessary at this time. The alternatives available to us to accommodate this development prospect are limited. In reviewing those alternatives, it appears the only one that exists is a MUSA re-allocation within the community, which is a Minor Comprehensive Plan Amendment process as defined by the Metropolitan Council. Attached is a photocopy of the City's 1989 MUSA map whereon I have highlighted landthat is undeveloped, land that will probably never be developed. One could suggest that there is an opportunity cost that lies within these parcels inasmuch as they have MUSA, but do not have the capabilities of generating tax paying developments. The parcels hatched are Memorial Park, Murphy's Landing, the existing Shiely quarry and an old quarry north of Shiely.Also attached is a graphic generated by Dahlgren,Shardlow and Uban, our planners, that defines an area of MUSA that was taken by MnDOT for the Shakopee bypass and never re-allocated to any other lands in the City. We would suggest these parcels are appropriate for your consideration in re-allocating the MUSA currently defined on same to other parts of the community. This would provide for the demand we are experiencing for development on parcels currently not within the Metropolitan Urban Service Area. - 5240 Valley Industrial Boulevard South•Shakopee, Minnesota 55379•Telephone: (612)445-9286• Facsimile: (612)445-9372 Mayor Jeff.Henderson, City Council Members, Mark McNeill Page Two May 2, 1997 Crosshatched is the area we would request this re-allocation to, a portion of which is the site being contemplated for:this office building development. The area defined is also apdeproximately 255 acres of developable land (excluding wetlands) owned by Valley Green Business Park. eof Met Council requirements for expansion of MUSA is that it be contiguous with existingMUSA.One of Wehe are, therefore, not suggesting it appropriate for the City to"consider pursuing a MUSA nsioor the office building development site only, but that it will be necessary to request expansion ion for enough to qualify under the contiguity guideline. sufficient In December 1996, the Metropolitan Council passed their new "Growth Option." Their action mandated that all municipalities in the metropolitan area revise their Comprehensive Plan by t of 1998 in a way that facilitates expansion of the community's MUSA line to a 2020 M the end A area, an area generally defined on the enclosed Metropolitan Council graphic. Based on our conversations with a Met Council staff member, it was suggested that MUSA land that the City may choose to " t this time could be re-allocated MUSA status in the mandatory Comprehensive Plan document swap at revisions required by year-end 1998. Assuming this to be true, desi gthe non-MUSA lands swapped would be short lived. gnation for the We believe the lands being suggested for a MUSA trade are appropriate for same, and utilize this very valuable allocation, an allocation that has substantial opportunity cost beoter We would appreciate Council's consideration of our request. If deemed appropriate, this will allow to Valley Green to move forward with the office building development previously referenced. he Council believes our request is without merit, we will be in unable to accommodate this development.pment. Thank you for your consideration of our request. Respectfully, VAL GRE N BUSINESS PARK n R. Albinson Project Director JRA:jmc Enclosures cc: Brian.Brennan-Allianz of America(w/encl.) (via fax) Richard Peterson- Best&Flanagan(w/encl.) (via fax) D1Share\Projects\Delta Dentalbx to Mayor,cowed,MMcNeill r,MUSA trade.wpd /7' a. / � J — i/ / p / ,J � _\ // / r-J / 1 %1' ✓ G �� X14 I V r ��� / I • s/ 6 Q m37 II ti �� rat I'.I II /-"�- 1 1 _.. -- '/ I 1 � NG f ag "--- o I1` I\ // - / II I J �1 , __ _L// 7 , / 1 C r- r- ,,,l/ �;/ . 1 � VI .W F ---_-- - W 1 r.IN‘14*1 J f W , / I p a _J4 , - ., !/ a Q co;,_, _ , ,... z c. 0 (.., � W4 j 1in 3 / y�, / 1 _. / � - ' r�, ,\ , c I ,lir I\ (\: lI \ „. \, 4-.. 47 ,... ... lAillVA 4 ** i Lr*„.* W W `tom . Wkl r \> 3'uy� : . .4 i _� J i °°. Al IV Nips '4//,/,I 1%111 .......‘ * o %11,iiiIii .4* '1 • /1 1.441111 . / , --:[- �- — tay 1 ���►+C4i, 7 t-- t,► t , / t !►��•����� I �� iW ���v�� ,1 tlIW1plpNl J LL r. �' 1. v\i ,; (...i.,,,/ iji I T £e Oa O —� ° ),...k.. 3{ r E 1� W O Z/ \ 1\\I\, i t i FA z i 4111111 / 1 7/1/ INN . N , ,ci„A,,, .11 ua+tvr ` / p4 � 1..i- 61 O Iiiif 1_,,1 � W � � 11%%`j 10" , 24 X 4 I. , , / ‘4°P*'4 IS ditil . . 11 .....,„___. . i I y' a IAkii � li r � _Is k,:t. J41.-v� mo li <Yi�al1 I I 11111 . Iiik.Wli AA.07.,_Pren— 1 \ 1 • - \ 0 YO W 11YHOCNY 11 11441 i1 100" IM.• VI3 Oiiiil ` \ 1 I W n • ( Z LS 1illif gill ( CO '1 � O apt - u } • r / _ ``_ • _� 0,i4 L r Metro 2040 Regional Gri. wth Strategy Policy Areas , . , , •- 1:11440°'. lir 111 MI Urban Core ,.• ________Ll , 1 ,, maim itP A„Egillki Urban Area l'-----7.---7-,:-.---I',- ,,,,,,... , . . ., , ''''••apir- t.... ,i•-, :,..... -,wf,s4,-.2:., - ' mmit.,,,,mdit. Illustrative 2020 1VIUSA* MEMmMillin1111U.11b. MIII Urban Reserve d 0)0--)-0(4.0 (IA IME 6A- , .- i - , Rural Growth Centers ,.WA Permanent Agricultural Area tiiMg• . . --- ,,, ---- - .NOKA . , --,: aue C i . '',1.-- ,'. ''''", ' I•• ,----- : ',-11.!,,,:_i . ',,, • ,-• Permanent Rural Area - 1 eA ' - '• - - ., - ...rotti PA loac4-k . . rs.,-.. •: ,-. •> ' ,AJ2000 MUSA Boundary(as of 1995) 2040 Urban Reserve Boundary • ,..,-- •"- h R. •,-,: :''IliiONNiVe..- ••'''' ''' • --•.,- , 1, ' - W-SP- . /\/ Municipal Boundary a. -,'•.,-,... w- , ,*•>•;•, • - pif'.‘•.'...1.. ift '. '`• y • ,.....- 4 „..4.., 4t) ..,..-,T.p. • / , . . . i ,.• A,County Boundary Major Highways -'.C.?....'...,.'.....„,,•'1:?-.,,:.. ,,, ..4:.....4.i48.1,4)r. ‘,:-.:,...7.g::AdiC'•-..;.:1, '. ASA IN 14/7 ''''4.7 :*.'..."''*: :%s ..,"1...,,.:r-.:•,-,,,' ,,.,',"ft.. GTON: ....-.L. ;. :.s‘,-: -..,,•.. --, - ----,-,-, ,.•- .air.9,•415' ,I...-3avt•P4 ,,ii; g ,77. ,.;;:;.:.It' :'*•:*'-::.. ,....-;. -.;-; .V.:4i, '--1, '','..:.' ; ..-,..4,,,ne.,•`- '',,, c'" ; '''.2'..;..'. 'a ./4%,1 * The official 2020 MUSA R... ....„1-%..4:•_ ::. : .%•,*,:'•-,*.e.. • ! Il ,: ,-4 , 'TT 1 .•p- - '.......S.,..,', • • 16.' P:-. - -.: •.,kv goverwill be determined by local s„.,diZ ,.4711.• . : ''•'-• . ,- _. • , ....t ; 'v.e.isi' -•," -, -4, .:..-.• nments and the Council .141-#A.t0e:nri.k: v II . -......I -.; t,..........:.1-t ,4.,' ."t., ,:::',-.. $ ,-., •• '.-..': ' 1"' ' .--. -1- • -,. Cas part of the 1997-98 Wift.-AWFV-;zf ,t 4- 1 -N;'....'..."-:, •:'-:, - ....'N,-•if --., :, 'cd,,,, • . ii,. .. . -i-,, ., •:. troa,4 ,... ,-,.• .. ::1;1,,, omprehensive Planning .-.;.1,,,,ifilq.i.;. • •••, \•• ., ' , .7-•-, -..•-•--t, • - . .., _ ,r. . -,-. _ ... ,:._ : rffrTI•dir process. „ipii.ta-i,.,,4.„,,-,,1,,,,,,0h,,‘.,11,.-F4.0i-r.-,...`,,-e,if,ix,,„-.fe.%.m:,.,--/.i.,,,d...,,,,L-J--,,a--X.•A,.:,,,-,s,n-.i4-.1 k.o,,.---4A,0',4-o,,.'1.1.X.-4,...41tF0.44ri.4-,0.:4,.,:,4.,.......vc.•:.-.....,r-..s,.'o:•.,,:‘.,..,,,41..•.,:,.:.'-;..-.,........--,.-.•,.....:.'-,:."-.,.,:.,`-„--.....•••;,;..;,-._7•.,,-,-.,S.....-...„••.4r.•.'„,:'-,1;4--'....-...-”,..-......:.•,.-)'..,-'...':.:,...',-:.,..,;-....'.:-.-:•V-.•,u..,.„.,..,',*.i ,Il-''...icg.--4-_•4t---$: .-,,,-.:,„..-.•.,.',,s'.k.ti1 Y,l„-ii,.t7`e'''',,.t..i4.0t.'t„..•- .•-,„ iiinw.'i4ir.. .,• '_-,r-.:.:',:::.:---.....•,,,,...,..1;..,..,,,;..•.:.'..,..:-u,:-'t,„r._:..t„I.•.A,-4:g-e4t.in.-.1.o.4 . - - - -.. , -.:-- ...-r,..--.•--.4. ,,,r-_ og;. 1, :4:4.14,,,:x.&.k,,;:.- 1:4.c43.,10-- .1.‘..z.14,411?„ 4"r*,•::.t.,.1.,1;;;L:Lj.',-..-. ..r.'•• '''• ‘.••. . .”. 1, .....1 -'-- . A -_. -,.. .,,,,,;,„,;„ I 11:t:'.3,-"g ‘, 'e47 1,1,54I1'.•..,id•k?‘,!: v.c111.‘ . 46,•4:---..,.6..i.",''''':';.-k-7‘-„.4''•-,'-..-.,.. .Skt?"(1*•777:-...44--.':'c-•:.... -.1.-.3.„.•••••..i;;:::-..;•'.r:7-':''L i ' ', 401 .,' -•.1.'-' 7; - . ' '-',T..1-'i:'.-•e, -,-:::.,..-...,.,.... ....,.„,,4:,.....:.„,.,.. ...:„,,..„, . ..„,,, ..,.., 4 ,-.. '- • ' j '-'1.-'s,. :-: wt.., - ti,W,Pr,,,.,T e -7' ' • ,..';, ia...‘..tha, /MAE.%r 3,741. ir, • ,,,,,•.• ••:,. . .......,.... :: -:-.:.. ,... ... - .--,.•-:- ..•.. .ftiodidlig':-,;.---•-.4.4 wor,r-.,..-„,, iiot,,.. ..,,,,. ... '''.• -;;41*:Y;''.'7 7P'eirg...„4 ii,-.',- -% '''i. --- ,,,e‘-'-`-...:''et .4"1 fiii•rf,,, ., ..ri,,,f,"':, jr .. . gm ., ;-. :..,..-„,',:.,: ,'.:..,..• :,4 ,- • .1f4 p-,•,-...;....0,,: ,.--...-- ';'1,s.., .r ."-•- •-z:- f ,, - ,,-.-..,,,.....,•;,-,k',-.-. ...„--4.•,.:-q i'_,..' ...1' ..,, plz•Awk;,.,: jf.i;- ,-.2,,,,•,' lk •:;,:,---- —.-:••;',...",-. *T''':.:.. .;•:' ,1-.,.,:-.:-.::':..r;-; '..: ..:,,,..•• -,,F,,,.r,,,,y-P- , -• t.tionwit 4,-••';',..,•• --4.,.,.., ‘,.,,47,44. - . • ,-.'•i•••••,•••:••:::-..- •:-...........--:..- ,',-,..--,,...,-..--- ,•,.,..... ..,..-.•••••:?r,,'......'.!--., Nth' :-. ..- ,--...-uw.:-:•-.:. :-4,:l..-,P.•' ''' . • .4,1, . "(wp.,4,--, , i I.,k, R .04E..N.47,-, -.. -stwAr•ff, .--19: '4,4 111,",A•r- ••‘--,..'.!••',5,-- :4„;•. Cm:4;e •.,-'i'.'4` , ••".' ;•-: -i'.''''for -.L.,12,.t,,,,11, ,-. ,,0:4,-E4w, -' #.4 4- ,,.. rw...e. .-',.., ,;,t;' • ...: ... - 7"-,"..-i, ' ''''• '-' - , . . _ itIStP:',":1•...... NVAVICTA41,1411r4t.krt-,.. ,-,..: '';':"* ': i.,-;'-', -''''..s.*.'..'...' ,ir.e`:;,;;.Nit,--' '-'..:_•'-'sK .s A:STOMA• "-...". 1-... .1p.:4 .1''''1.-2 • *,,411 . "I..' ...4---'-' ....,...- -..:74,'''''.:,', .,.'...',......-..,-. ---r-,.,_ ..4;',4•.it,' •-L4,4*,-;-..,,V.,ep'.§1,tr_o‘: .:17-, .,..-t-3 ,s, e, ,-.,.'.-.19.i.i. 1.in ::,..,..•-..-.',-,---.1...,a_.,..--,f,-,-,,e,:k priz::,...kiv,. -,,,;.i ',...'....:,,,,T,,...', :,..3p.7 -...-,.. .............i. . .... :,..p.,',:z.,..,...01,-6,----,, •,i, i " - . - ,-,-.-, ---—fsVVP,,,,,{ '..' . ....:''', ' .''.- '''..';'''' .' .'• ' Aa..: / ,...• • ; . ,,t-'*,,t. ..x.x,..4 y.,,-,.--_-.,. p,..93,,. - • ,...-'i:',...........-4, •4•4'-,1.. . 61,-,: .,,.-, ,.413J, ,,--i ' •1--;-- -7..,'2-' .....‘4, i.'•, . . ..,.4:-.•.ril tii., ',1.• -'71 •-•'4'; . ..),,gif•..•-•If'•±?>,.4,`,I., "';' ;'.. ''IT ' i.a. •.• .• * .\-:".....=: ••••:..:. :^. •••'° -;‘:•' . ; ::.-:-•.5-•:,),00``42:',':',•`;'... '. '7•;p• A .-G-!-.1-,•:Z'c:A •r-t.,z, .;:g,_„.„1,,, ,,,i.,• ,....,..-.. ,,,,,„,*, 1 ..--- .. ••:., ..,;.4.,...-....., - ,:-..2 i::...i.:i. . •••,,...,ii„..,„-..';‘,..=.:...-„,,,,..--.1.'• .f i',..ep.k.,-. ., s. '..v. •• 1 4-.-- ,..,.....-14:40••••••2:94`5-•'''',--:.•-• L'' - ''''' • t.'•-, , •••••...s.:44tt.s.a.p.:'.;.'"`'-'..;/.1 ''' ''"-.1' eik.W;.' , - ' • :• g. • ,,,..4. -.T.ri,,,,-,wyky, ,.. ., - ... , .r• ..- • - ',‹.4 -...ei, :,A -V...",k, ::•,. •. ta..." fi*- x,f* z•-, iltM n.,.. *4-1411.' :,i--.(wr,[4e, . , . ' - ,' ' - • ,,••••••••:. • . e.: *,=`,V,: '' 'I•7'• .-...1:yg.i.ie''' •,..f. ... ; ,...r'.*.ff..,.47,,,,,.,.,. Si A '1,11.i:' • ,.'. ; '' ' ...' , • •••-..-4. .4 ••hyl.f." '•••• .".„,,,,,47..,, c'.;-- -.'a 1, ..,.' N ..... . ' .7,A.,.0;,,Vm, ,1. .t.az,,c..-0' •• i , „ !.......k..1., . ,-4, .,,,, ".,..4'': .,!..!v,,"::..er.•••1 Vt;• '1.1' 1.7 're,: 1;.„.;,„r•••,-, ._ , ,:ver,,,0, ,..,,:.--....,..**0,...,,.. ,, --.-, ,,,,- 1 . -• .,:, :.-....; :4,1, ,,,,s.,.„•,.., - ,. .,,,,,,,•. ,.._,,,&. . .A,. ,, - , ,, ,,..-, d-i,.-,- :, I. --.,r.rr-,.fi. .,,,,..„'N. .. z . A-,...._ . , - •,,-,* t vi It--,..g e-.., .i.ii,'•:,. 'rz=,Wit-elMf',77--".1--,'' (.„,,..„,,t,.., _ ,0-,Srn..,-.....e..-„lc __, ' ; . ,. -:- __'._ •.'',.• :•:..,,,4 2,-„.,,b4. /4i.i.:•••••,• -,41F.,,#p A4..m..:-‘04,0-0:•,. •- ,1 •i5V-1' '40',';',,./"•ta•litoilli:,i;,:•''fi '. :- ;•. -1 =- . • _. -k '____‘‘__„ . ',:, .,23s5 40,6,.W.:-.....4 -- -. Air,". . - - 4 .,-..4,41,1,S1,- i.;1.,„") ;.i,°' .-a...01,4%....7- .--' •.1,, - ',..:;;;4,,,- r..- ',1%......A.tNOV" ,•'''5V.-e!, 4 4...4**• 1,..r, ,tf,..; WP4Illegqi^444M CS*.* ''•'. -.,. .,;... N rt; •46:44,•,-,evi-A,AA',,N.,..-..t.. ,;(1 • +••••,-v: ; I ',1- , 1 c a n Council _ 5 0 6 10 16 Mlles --.. Geographic Information Systems December 19, 1996 I -� J, DABR ��T SHA ) 7 February 28, 1995 vi', (,: , Jon Albinson Valley Green Business Park 5240 Valley Industrial Blvd. S. Shakopee, MN 55379 Dear Jon: You have asked me to determine the amount of Valley Green Business Park land within the Metropolitan Urban Service Area(MUSA) that was taken by condemnation for the new Highway 101 Bypass. Based on mapping information in our CAD system we have calculated the amount of Valley Green MUSA land lost to condemnation at 1,425,705 square feet, or 32.73 acres. The MUSA line in the vicinity of Valley Green Business Park was defined for years as the northern right-of-way boundary of the Highway 101 Bypass as originally mapped. We digitized this line into our mapping information from City base map information. Valley Green Business Park owns land both north and south of the Bypass, with all land north being within the MUSA and all land south being outside the MUSA. Once official right-of-way and construction drawings were prepared by MnDOT in 1993 for the Bypass, the northern boundary of the Highway 101 right-of-way was moved north about 100 feet (and by over 300 feet in some places) from its position on the earlier map. This accounts for most of the MUSA land taken. The attached drawing illustrates the Valley Green MUSA land taken by condemnation. The taking is in four separate parcels, labelled as parcels A, B, C, and D on the map. Parcel A is the taking on the north side of the Bypass east of County Road 83; Parcel B is the taking on the north side of the Bypass west of County Road 83; and Parcels C and D are two smaller pieces taken for County Road 83, on the west and east sides respectively. The areas of each are also shown. If you have further questions please do not hesitate to call me. Sincerely, DREN, •OW, AND UBAN, INC. /4. -.0" Philip f arls• , AICP, Senior Planner Atta' e r—.._ I < Y W 44 p J V A N i Q 0 Os, '�y� L T O 1 P, r o ]4tl0 Md.d 4711.^ .f ,/ I il . il; - ( , ?� v�•r $11L____, , :14 /� V W, 91rA,, '4.,i'. /2kit i� H w:s. i MI i //, • Q _...._.:. :`A':e!d] /�//A. a -- 0 o / owe U oyer LP r Q I ‘0101 i z z In W r' �� ID C) I 1I/ co z vO i zoa z °z�W a , tL on Z 1 zu h `n tL t,_ Q 1 map rI ___l n °0 h }- 1 r N LI) h N ILA .4Q ELr. 111 0 d U) .4.- ._.1 ' _I J) / v 1-i co In N Q w ,.,tic Q II II II it CONSENT CITY OF SHAKOPEE f l . C. Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: Release of Lift Station Easement DATE: May 6, 1997 INTRODUCTION: A request has been made by Valley Green Business Park for the release of an easement for the lift station site at Canterbury Inn. BACKGROUND: Valley Green Business Park is requesting the City of Shakopee to release an easement and agreement for the lift station at Canterbury Inn. During the platting of Canterbury Park 4th Addition, the City required the developer to provide a document defining the responsibilities of maintenance and repair of the lift station serving the site. Also included was an easement for the lift station site. Due to the construction of a new gravity sewer line, this lift station is no longer needed. Staff has reviewed this request and concurs that the easement and agreement for the lift station are no longer needed. ALTERNATIVES: 1. Authorize the appropriate City staff to execute the necessary documents to release the agreement and easement that was recorded by Document Number 51529. 2. Table this item. 3. Do not release this agreement and easement. ' 1±110 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Authorize the appropriate City City staff to execute the necessary documents to release the agreement and easement that was recorded by Document Number 51529. iJohn H. DeLace ' y Engineering Tech. III JHD/pmp LIFT er . . Ilk .11 D D rn Ob Z r Z A N C A S? kQ I �� Q 11 A D D11 ul uu^lull u 0 A CO. RD. 83 CO. RD. 83 " In -'-m 5 �' INDUST. CIR. z T Vlikl �� I C SOUTH in r /Irrir Oa --c b ac b r p PARK 2 Y p b n m. D rir. i //O 2 \Z r n - m D 7J -I > 0 (./) \\ M x P1 U1 Z 0 ti -I ' p C[1- I- 0 O -1 n D () / O D Z O Z iy. c. � . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeil, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Warrant Studies for Scott Street DATE: May 6, 1997 INTRODUCTION: Attached for City Council consideration are the results of stop sign warrant studies for the following intersections: • Scott Street and 4th Avenue • Scott Street and 3rd Avenue These studies were previously ordered by the City Council at the February 18, 1997 Council meeting. The installation or removal of any traffic regulatory signs must be authorized by the City Council. BACKGROUND: The placement of stop signs is regulated by the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), which has specific criteria that must be met for an intersection to meet"warrants" for a multi-way stop sign installation. The warrant criteria are widely used and accepted by virtually all Cities in the Twin Cities Metro region. The criteria for a multi-way stop sign installation are attached as background information. The criteria are summarized below. If any one of the criteria is satisfied, the intersection is said to warrant a multi-way stop sign installation. 1. Where traffic signals are warranted and urgently needed, a multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for signal installation. 2. An accident problem, as indicated by five or more reported accidents of a type susceptible to correction by a multi-way stop sign installation in a 12 month period. Such accidents include right and left turn collisions as well as right angle collisions. 3. Minimum traffic volumes: • The total volume entering the intercession from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and • The combined vehicular and pedestrian volume from the minor street must average at least 200 units per hour for the same 8 hour period, with an average delay of at least 30 seconds per vehicle during the maximum hour, but • When the 85 percentile approach speed of the major street exceed 40 MPH, the minimum vehicular volume warrant is 70% of the above requirements. Of the intersections which were studied, none of them are scheduled for traffic signals so the first criteria does not apply to any of them. An accident history for each intersection was requested from the Shakopee Police Department. No accidents were reported in the last 12 months at either intersection of Scott Street and 3rd Avenue or Scott Street and 4th Avenue. The accident history for these intersections does not form the basis for stop sign warrants. The traffic volumes at each intersection were counted over a three day period and averaged to obtain average hourly volumes. The volumes were then combined into the total from all approaches and the total from the minor street. These totals wee compared to the minimum values of 500 vehicles per hour for an 8 hour period for the total of all approaches and 200 vehicles per hour for the same 8 hours for the minor street. The average hourly volumes and totals for these intersections did not meet the traffic volume warrant. The result of the warrant studies is that none of the intersections meet the requirements for a multi-way stop sign installation at this time. The position of the City Code that pertains to traffic and parking control is Sec. 7.03. This section states "No device, sign or signal shall be executed maintained for traffic or policy control unless the Council shall first have approved and directed the same, except as otherwise provided in this Section." Although these intersections do not meet the engineering criteria for a 4-way stop condition as per the MMUTCD, Council does have the authority to direct the placement of signs if they deem it necessary. ALTERNATIVES: 1. Direct staff to install stop signs on Scott Street at the intersections with 3rd and 4th Avenue due to the presence of children walking to the St. Mark's school. 2. Direct staff not to install stop signs on Scott Street at this time. 3. Direct staff to install stop signs on Scott Street at the intersection of 3rd Avenue only. 4. Direct staff to install stop signs on Scott Street at the intersection of 4th Avenue only. RECOMMENDATION: Based on the engineering criteria, the intersections of Scott Street and 3rd and 4th Avenues do not warrant 4-way stop signs at this time. Council can direct staff to install 4- way stop signs if they deem a public safety issue warrants the placement of these signs. ACTION REQUESTED: Move to direct staff to install stop signs on Scott Street at the intersections with 3rd and 4th Avenue. dr5)1P't ruce Loney • Public Works Director BL/pmp STOP SIJECT LIC /A\ TFIN II V• CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Lighting Policy Approval DATE: May 6, 1997 INTRODUCTION: Attached is a policy for street lighting in the City of Shakopee for Council review and consideration. This policy was directed by Council to be prepared after a work session on February 25, 1997. BACKGROUND: The City of Shakopee over the years has had various street lighting policies developed by Shakopee Public Utilities Commission (SPUC) for street lighting within the City. Over the past few years there has been a growing concerns among residents, developers and City Council members on the adequacy of street lighting in the City. A work session was conducted with the City Council on street lighting policy issues with City staff and SPUC's staff. City Council reviewed the issues with staff and directed staff to prepare a Street Lighting Policy which is attached to this memorandum. The main highlights of the Street Lighting Policy are as follows: • Street lighting standards are identified for five areas being: residential streets with average lot size of 2 1/2 acres or less; residential streets with average lot size greater than 2 1/2 acres; collector streets in the residential areas, industrial areas and commercial areas. This policy contains SPUC's latest recommendations for street lighting fixtures within the areas of the City of Shakopee as well as spacing guidelines for street light locations. • Policy on installation of street lights in existing subdivisions, in which the benefiting residents must request additional lighting by petition to the City Council, and pay for the street light installation upfront as determined by the City's Finance Department. The City must approve the installation if it meets the latest standards for spacing and would then take over operation, maintenance and ownership of the street light. • The County Highway's Street Lighting Policy has conditions for placement of street lights at County road intersections, and installation of street lights along a County road between intersections for traffic and pedestrian lighting would be reviewed on a case by case basis. • Funding of street lights for the initial installation of fixtures and replacement of fixtures, operating costs and maintenance costs. City Council is being asked to review this policy and consider adoption and submit to SPUC for their review and comments. If there are any changes by SPUC, these changes will be brought back to City Council for review and approval before approving a resolution on adopting the Street Lighting Policy for implementation. ALTERNATIVES: 1. Approve a motion approving a Street Lighting Policy for the City of Shakopee and to be submitted to SPUC for their review and approval. 2. Deny a motion on approving a Street Lighting Policy. RECOMMENDATION: If City Council concurs with this policy, staff would recommend Alternative No. 1, to approve a motion to approve a Street Lighting Policy for the City of Shakopee and submit this policy to SPUC for their review and comments. ACTION REQUESTED: Approve a motion approving a Street Lighting Policy for the City of Shakopee and to be submitted to SPUC for their review and approval. Bruce Lone Y Public Works Director BL/pmp MEM4665 CITY OF SHAKOPEE STREET LIGHTING POLICY I. BACKGROUND The City intends that this street lighting policy promote the safe travel of City streets in a manner both fair and affordable to the City and its residents. Street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by property owners. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those residents, determined to be affected by the light. II. STREET LIGHTING STANDARDS A. NEW SUBDIVISIONS 1. Residential Streets(Average lot size of 2.5 acres or less) Street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac when the street is greater than 300 feet. Within their developments, developers shall also install lights to City Standards at the intersections of residential streets with collector streets. The developer shall pay the full capital costs of every light to be installed. This includes poles, fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system as per City Ordinances. The lighting fixture standards shall be as per Shakopee Public Utilities Commission's (SPUC) recommendations and generally as follows: • Local Residential Streets - 24 foot fiberglass poles with 100 watt high pressure sodium (H.P.S.) lamp and light, approximately 19.5 feet above the ground. • Collector Street - (north of Shakopee Bypass) 40 feet wooden poles with 250 watt H.P.S. lamp in cobra head style luminaries and light approximately 32 feet above the ground. 2. Residential Streets (Average lot size is greater than 2.5 acres) Same as for residential streets where average lot size is 2.5 acres or less, except the spacing between intersections shall be 600 feet. 3. Collector Streets in Residential Areas Street lights shall be placed at intersections and spaced approximately every 300 feet between intersections where intersections are more than 600 feet apart, with lights usually alternating from one side to the other depending on the width of the street. • Collector Streets (north of Shakopee Bypass) 40 foot wooden poles with 250 H.P.S. lamp in cobra head style luminaries and light is approximately 32 feet above the ground. • Collector Streets(south of Shakopee Bypass)34 foot fiberglass pole with 250 watt H.P.S. lamp with shoebox style luminous and light is approximately 28 feet above the ground. 4. Industrial Areas Street light fixtures shall be the same as Collector Streets(south of Shakopee Bypass). Street lights shall be placed at intersections and spaced approximately every 450 feet where intersections are more than 900 feet apart. S. Commercial Areas Street light fixtures shall be the same as Collector Streets(south of Shakopee Bypass). Streets in Commercial District shall have street lights placed at intersections and spaced approximately every 300 feet between intersections where intersections are more than 600 feet apart, with lights alternating from one side to the other depending on the width of the street. PLAN APPROVAL-All lighting plans are submitted to the City and SPUC for review with the approval of street lighting plan determined by SPUC's Utility Manager. In cases where developers desire to install more lights than warranted by City policy, or desires to install non-standard lights, monthly operation and maintenance becomes the responsibility of the development's property owners through an owner association or similar organization. The City will not take over such non- standard systems, though City/SPUC approval shall still be required. B. EXISTING SUBDIVISIONS Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense. When residents request additional lighting for their neighborhoods, they must do so by petition- signed by 60% of the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City, prior to circulating their petition, to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet, where the distance between intersections is greater than 600 feet, and at the ends of cul- de-sacs, where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring and all appurtenant work. The method of payment shall be as directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is energized by the utility. In existing developments new lights shall match in style and wattage those already in place. If no lights are currently in place, then 100 or 150 watt high pressure sodium(H.P.S.)lights in cobra-head or traditional style shall be the standard. C. COUNTY HIGHWAYS 1. Street lights shall be placed at intersections when the street light warrants, as established by Scott County Highway Department have been met. If warrants are met, per County policy, the County pays for the installation of the light with the cost of maintenance and operation to be provided by the City. 2. Street lights may be approved by City Council if warrants are not met, per Scott County; if property owners petition the City and pay for the initial cost. 3. Street lights may be installed by the City if traffic safety warrants a light in the estimation of the Public Works Director and as approved by City Council. 4. Installation of street lights, along a County road between intersections for traffic and pedestrian lighting, will be reviewed on a case by case basis by City Council. III. FUNDING OF COSTS A. INITIAL INSTALLATION OF FIXTURES 1. New Subdivisions Residential, commercial and industrial developers will pay for the street lighting system and enter into an agreement with SPUC. 2. Existing Subdivisions New street lights would be paid for by benefiting properties through upfront payments to the City. The City will reimburse SPUC for installation of street lights. 3. Collector Streets New Street lights would be considered a benefit to the Community as a whole and paid by the City from the Capital Improvement Fund or from funds as designated by City Council. 4. County Roads New street lights not meeting County warrants, and if approved City Council, would be considered a benefit to the Community as a whole and paid by the City from the Capital Improvement fund or other funds as designated by City Council. B. REPLACEMENT OF FIXTURES 1. The replacement of lighting fixtures is a maintenance cost to the City. C. OPERATING COSTS 1. The power for street lighting is provided by SPUC, as part of contributions from SPUC, to the City and as agreed upon in previous resolutions. D. MAINTENANCE COSTS 1. SPUC donates relamping maintenance services for street lighting. , i, c . y. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Public Works Equipment Acquisitions for 1997 DATE: May 6, 1997 INTRODUCTION: The Public Works Department has reviewed its proposed equipment acquisition as listed in the Capital Equipment List in the 1997 Budget. Staff is proposing changes in this list and is seeking Council direction on equipment acquisitions. BACKGROUND: In the Capital Equipment List for 1997, the following equipment was proposed: Street Division Single Axle Dump Truck/Equipment $ 75,000 Front End Loader $ 120,000 Park Division Large Tractor Mower(i.e. Jake) $ 70.000 Total $ 265,000 A copy of the Capital 1997 Capital Equipment list is attached as Attachment No. 1. Staff has reviewed these proposed equipment purchases with the needed operations of the Public Works Department and has the following recommendations: • A new single axle dump truck with equipment is needed to replace Truck#107, as per the Vehicle Replacement Policy and the City mechanic's recommendation. • The larger mower (i.e. Jake) with a 16 foot cutting width is scheduled for replacement, per the Vehicle Replacement Policy and the City mechanic's recommendation. • A new front end loader to replace the 1976 Fiat-Allis is not recommended at this time. Staff recommends purchasing new single axle dump truck with equipment to replace the existing Fiat-Allis loader on a plow route, and utilize the existing loader for loading trucks due to its age. The Fiat-Allis loader was replaced in 1993 with a Case loader, however, this loader was retained due to its low salvage value. This piece of equipment has been utilized since in a snow plow route, for loading sand and miscellaneous other operations. • A new single axle dump truck would have a plow and wing and would be able to plow areas faster than the loader. Additional plowing capacity is needed to meet the City's increased number of streets and the County road turnbacks such as County Road 18. The existing loader could still be used as necessary for snow plowing. • A skid steer loader (i.e. bobcat) with high output hydraulics and snow blower is recommended for snow removal purposes on sidewalks and trails and to supplement our existing skid steer loader. The work load in the spring, summer and fall is such that two skid steer loaders could be utilized by the Street and Park Divisions. • The existing skid steer loader does not have the hydraulics necessary to effectively blow snow from sidewalks and trails. The City has greatly increased its sidewalks and trails on Collector streets and County roads the past few years. In order to remove snow from sidewalks in the time period, per City Ordinance, additional equipment is necessary. A new skid steer loader with snow blower is 1/3 the cost of a large sidewalk snow removal machine. Attachment No. 2 contains further analysis from the Public Works Supervisor on these equipment purchases. These equipment purchases as proposed in the memo will cost approximately the same amount as proposed in the 1997 Capital Equipment List. Staff believes these purchases will upgrade our existing equipment for snow plowing and grass cutting operations as well as maintain a level of service on snow plowing of streets in our growing Community, and improve the service of snow removal on sidewalks and trails. Staff would like to discuss this equipment with Council and seek direction on whether to proceed with these acquisitions. ALTERNATIVES: 1. Direct staff to proceed with equipment acquisition as outlined in Attachment No. 2. 2. Direct staff to proceed with equipment acquisitions as outline in Attachment No. 2 and as modified by Council. 3. Table for additional information. 4. Schedule this item for further disucssion on a future Work Session. RECOMMENDATION: Staff recommends Council discuss the proposed equipment acquisitions and provide direction to staff. Staff believes the equipment acquisitions listed in Attachment No. 2 are needed as per the Vehicle Replacement Policy and to meet the operation needs in the Street and Park Divisions. ACTION REQUESTED: Move to direct staff to proceed with equipment acquisitions as outlined in Attachment No. 2. bY :ruce Loney / Public Works Director BL/pmp PURCHASES 1 ATTACHMENT NO . 1 • 1 1997 1998 1999 2000 .. 2001 Police Marked Patrol Cars 25,660 25,770 53,280 55,100 28,500 Automobiles(unmarked) 13,900 14,400 16,200 1 Fire Truck-Pumper 300,000 300,000 Truck-Telesquirt 350,000 I Hover Craft 22,000 Utility/Personnel Vehicle 40,000 I Engineering Pickup Truck 14,000 15,000 16,000 Street Single Axle Dump Truck/equip 75,000 80,000 1 Ton Pickup with Plow 20,000 Steamer 40,000 I Front End Loader 120,000 Diesel-powered sidewalk plow 65,000 Snow Blower (for loader) 55,000 I Park Large Tractor Mower(ieJake) 70,000 1 Garbage Truck 1 1/2 Ton 50,000 Bucket Truck 40,000 Small Mower w/cab and attachments 30,000 1 Sewer Fund 1 Ton Pickup with plow 30,000 l Eductor 50,000 i Storm Drainage Fund Tractor Loader/Backhoe 60,000 1 954,560 454,170 285,280 305,100 145,700 I I I 1 5-20 ATTACHMENT NO. 2 PUBLIC WORKS EQUIPMENT ACQUISITIONS 1997 STREET Single Axle Dump Truck with Equipment This truck will replace Truck #107 using the Guideline Replacement Standard. The mechanic has filled out the Vehicle Evaluation Form. Estimated cost for truck, plow, wing and sander is$90,000.00 Single Axle Dump Truck with Equipment This will be an additional truck. With the growth of the City in the past and its continued growth in the future, we would request an additional truck in order to plow, sand and haul materials (sand, snow, rock, ag-lime). This truck will keep our snow removal operations from exceeding 8 to 10 hours per storm. Estimated cost for truck, plow, wing and sander is$90,000.00. Skid Steer Loader with High Output Hydraulics and Snow Blower This would be an additional skid steer loader Our.e.(ibobcat). present bobcat does not have high output hydraulics, which is needed to run hydraulic snow blowers, asphalt mills, stump grinders, etc. with the demands on our present bobcat which is used heavily in our park system. An additional bobcat would be utilized by street personnel in order to be more productive in street maintenance (street patching, pothole repair, etc.); storm sewer maintenance (catch basin repair, ditch and pond maintenance); sign maintenance (repair and installations); sanitary sewer maintenance (manhole repairs). With the increase in sidewalks and trails, our productivity in snow removal would be highly increased by using a skid steer loader with a hydraulic blower. A large amount of Communities use equipment that is specifically made for sidewalk snow removal (i.e trackless, holders). After consulting with other Communities, we believe a skid steer loader with a hydraulic snow blower is the best equipment to meet our needs. This equipment is more versatile with more attachments and it can be used year round. This equipment is also 1/3 less in cost than other sidewalk snow removal machines. This equipment item was not budged for in 1997. Estimated cost for skid steer loader with high output hydraulics and snow blower is $25,000.00. PARK Large Mower(i.e. Jake) This mower is the backbone of the City's turf maintenance fleet. This mower has a 16 foot cutting width, which is a necessity in keeping up with our ever growing park system, and maintaining the service level the public is demanding from its ballfields and open park space. Estimated cost for large mower is $60,000.00 including trade-in. CONSENT iy. c. S, CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey, Engineering Tech. III SUBJECT: Vacation of Easement DATE: May 6, 1997 INTRODUCTION: A request has been made by the developer to vacate an easement in Pinewood Estates. BACKGROUND: The developer for Pinewood Estates has requested the vacation of a slope easement in the Pinewood Estates Subdivision. This slope easement was obtained for the construction of Shenandoah Drive south of 4th Avenue and was dedicated by deed, not to the public so a statutory public hearing is not required. Due to the development's new site grading, this slope easement is no longer needed by the City. A map showing the existing slope easement to be vacated is attached for Council review. ALTERNATIVES: 1. Authorize the appropirate City staff to execute the necessary documents to release the slope easement within Pinewood Estates that was recorded by Document Number 209932. 2. Table this item. 3. Do not release this slope easement. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Authorize the appropriate City staff to execute the necessary documents to release the slope easement within Pinewood Estates that was recorded by Document Number 209932. John H. DeLacey Engineering Tach. III JHD/pmp EASEMENT i SUBJECT EASEMENT ______ ,_.- 1 iii 1 0 1.Avlw - ,,,......____.., - 1. 1.. 1..s, ...........------ ,.....- ---- ________,......................,..........,................„ ti�� 4, Q ti y d o z H > 4TH n Z D 75' WIDE N n - jralill.W73 7-?1 -1 P i NI El it D II_ / 4` .. itsI 50' WIDE - ►TH CT, d ,. 4 -- EASTWAY AVE. Q = 3 ', F-- N 'T w ill kik 'oe. ,,, - zw. 6-, mi..: :��,01' �/ 4,, 1 --i• .7. -I_ -- ,�1 immMI= . 1 I MIMI MN If IIS► �� _ 111MM l MPA& = 1 l I L 1 1 1 1 1 1 Imo' *' CA' / y. c . 6 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Acceptance of Feasibility Report for 1997 Street Overlay Project DATE: May 6, 1997 INTRODUCTION: Attached is Resolution No. 4664, a resolution receiving a report and calling a hearing on an improvement for the 1997 Street Overlay Project. BACKGROUND: On April 1, 1997, City Council ordered the preparation of a feasibility report for the 1997 Street Overlay Project. This report has been completed and is attached for Council review. The proposed project area includes the following areas: • Streets east of Marschall Road, from Shakopee Avenue to 11th Avenue. • Streets west of Marschall Road, from 10th Avenue to 11th Avenue beginning at Dakota Street and streets east of there. • Streets south of 10th Avenue and west of Apgar Street, in the Prairie View Subdivision area. • Presidential streets south of 12th Avenue and west of Monroe Street, in the Minnesota Valley Subdivision • Rural bituminous streets (Valley Industrial Blvd. S. and Industrial Circle S.), in the Industrial Park area, from C.R. 83 to Valley Park Drive. • Rural streets located south of C.R. 16 and west of C.R. 18, known as Foothill Trail, Horizon Drive and Horizon Circle. The feasibility report is to address in a preliminary way whether the proposed improvement is necessary, cost effective, feasible and whether it should be constructed as proposed or in connection with some other improvements. The report includes estimated costs for the improvement and proposed assessments. The attached resolution sets the date for the public hearing for this project for June 3, 1997. Approval of Resolution No. 4664 does not order the project nor does it commit the Council to construct any improvement. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the residents adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff did further review of the project areas during the preparation of the feasibility report, and has concluded that the streets south of 10th Avenue and west of Apgar Street in the Prairie View Subdivision should not be included in this project. This street area should wait until the construction of new houses are completed and storm sewer catch basin repairs are completed. The feasibility report does address a bituminous overlay for the other five areas previously listed. The five areas being proposed for a street overlay improvement have over 350 property owners adjacent to the project areas. Due to the high number of property owners that will receive a public hearing notice, staff would recommend that a letter be included to state the estimated assessment amount for each property based on the feasibility report cost estimate. This additional information would answer the main question that most property owners have in regard to the improvement project, and may reduce the number of people at a public hearing who attend to find out what the costs will be associated with that project. In order to answer questions, neighborhood informational meetings over two nights will be held with residential property owners to provide an opportunity to have their questions answered before a public hearing. This improvement project is a much larger street overlay project than done in years past. The main reason for considering this street overlay project was in lieu of a street reconstruction project, due to the County Courthouse expansion and the unknown of what streets would be available for reconstruction in this area. The estimated total costs for all five areas is $337,950.00. At the April 1, 1997 Council meeting, Council asked staff to place a priority on each area for Council consideration. The priorities for each project area are as follows: 1. Streets west of Marschall Road, from 10th Avenue to 11th Avenue beginning at Dakota Street and streets east of there- These streets are a connecting street from 10th Avenue to the Meadows Development and have received increased traffic over the years. An overlay would improve these streets and would serve more than just the local residents. 2. Rural bituminous streets in the Industrial Park, from C.R. 83 to Valley Park Drive - The street names are Valley Industrial Blvd. S. and Industrial Circle S. These streets serve industrial property that is almost fully developed in this area. A street overlay improvement would extend the life of these street pavements for a number of years and avoid costly reconstruction. The final lift of asphalt for this street pavement was inadvertently not placed on these streets. A bituminous overlay would increase the structural capability of these streets, as they were intended to. The City has obtained several years of life from the existing pavement, and now seems an appropriate time to place an overlay to extend the life of these pavements. 3. Streets east of Marschall Road, from Shakopee Avenue to 11th Avenue - These streets serve the local residential area east of Marschall Road and south of Shakopee Avenue. An overlay project on 10th Avenue and Swift Street was done in 1996 in conjunction with a storm sewer project. Placing an overlay on these streets would bring this area up to the same pavement condition level. 4. Presidential streets south of 12th Avenue and west of Monroe Street in the Minnesota Valley Subdivision- These streets serve local residential property and are in better condition that the streets east of Marschall Road and Shakopee Avenue, thus they have a lower priority. 5. The rural streets located south of C.R. 16 and west of C.R. 18 which is Foothill Trail and Horizon Circle - These are rural residential streets that do not have concrete curb & gutter, but bituminous curb & gutter and serves the residential properties in this area. As mentioned in the memo dated April 1, 1997, City Council can always reduce the project size, but cannot increase the size of the project area in which assessments are involved. Staff will make a brief presentation at the May 6, 1997 Council meeting to provide an overview of the project. Staff will make a full presentation at the June 3, 1997 public hearing on the feasibility report. At the public hearing, Council will be presented with a resolution ordering the improvement and the preparation of plans and specifications. After soliciting and considering the public testimony, the Council will have the opportunity to order the project, modify the scope of the project to be done and order the project as modified, or not order the project. ALTERNATIVES: 1. Adopt Resolution No. 4664. This action will receive the feasibility report and set the public hearing date for June 3, 1997. City Council can modify the list of streets to be done as they so choose. 2. Deny Resolution No. 4664. This action will halt the project until such time as the City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. 4. Table Resolution No. 4664, to allow staff time to prepare additional information as directed by Council. RECOMMENDATION: If the City Council wishes to pursue this project or a portion of the project for the 1997 Street Overlay, staff recommends Alternative No. 1, to adopt Resolution No. 4664. This will allow for a public hearing to be held and consideration of ordering the plans and specifications for this project. ACTION REQUESTED: Offer Resolution No. 4664, A Resolution Receiving a Report and Calling a Hearing on an Improvement for the 1997 Street Overlay Project No. 1997-2 and move its adoption. hak2 V ° 'A Bruce Loney Public Works Director BL/pmp MEM4664 RESOLUTION NO. 4664 A Resolution Receiving A Report And Calling A Hearing On An Improvement For The 1997 Street Overlay Project Project No. 1997-2 WHEREAS, pursuant to Resolution No. 4640 of the City Council adopted April 1, 1997, a report has been prepared by the City Engineer, with reference to the improvement of City streets by bituminous overlay paving, curb&gutter and all other appurtenant work and this report was received by the Council on May 6, 1997. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of the following City by bituminous overlay paving, curb & gutter and all other appurtenant work in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $337,950.00: Polk Street from 12th Avenue to South Terminus Tyler Street from 12th Avenue to 13th Avenue Harrison Street from 12th Avenue to 13th Avenue Presidential Lane from Harrison Street to Minnesota Valley 8th Addition Presidential Trail from Presidential Lane to Terminus 13th Avenue from Polk Street to Minnesota Valley 8th Addition Jackson Street from 12th Avenue to South Terminus Dakota Street from 10th Avenue to 11th Avenue Prairie Street from 10th Avenue to 1 lth Avenue Naumkeag Street from 10th Avenue to 11th Avenue Shawmut Street from 10th Avenue to 11th Avenue Legion Street from 10th Avenue to 11th Avenue Sibley Street from Shakopee Avenue to 11th Avenue Ramsey Street from Shakopee Avenue to 11th Avenue Swift Street from 10th Avenue to 11th Avenue Miller Street from Shakopee Avenue to 11th Avenue Merrifield Street from 10th Avenue to 11th Avenue Merritt Street from Shakopee Avenue to 11th Avenue Valley Industrial Blvd. South From County Road 83 to Valley Park Drive Industrial Circle South from Valley Industrial Blvd. South To South Terminus Foothill Trail from C.S.A.H. 16 to Horizon Drive 20th Avenue at Foothill Trail 21st Avenue at Foothill Trail 22nd Avenue at Foothill Trail Horizon Drive from Foothill Trail to Muhlenhardt Road Horizon Circle from Horizon Drive to North Terminus 2. A public hearing shall be held on such proposed improvements on the 3rd day of June, 1997, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1997-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Miinnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk . t z d °.'� y�� -;M; i'.t•� t k r. - t ``firt zni • it . :. '. -R3 � -'e rV , '"-grxf ,,',:!,5„.„.2;,..; S•V ,Lt`a.�Jr'tn...!".. ,�., .€.+.,'Sx-,;';1,2.,',?.."'' z+' - - r a,.',..:......-a, � , -s�:,:*�d {'.F _ f 74 .. 7 - di",./1,$,‘t -- Y x �9 y, - 1-4.;.$ 40....i",;,- ''J 1' �. _ -:'r".. 2' tL t ~- y .' _' a`.'13 .t t :gy�pp.. p..-Y -, ',5, rz-r I .011,,,%41.4';,211,- "iIi' t‘'''1.1-,.,6 ±eF 1 -,- f� ':j' �-Ill '�t .(_��' � r;n. ri4'. 4 li_;�i_ i f yt#dE a.:„. .,,,/,,, ,,.....:,.;,.....,...,..:1....,44.,:r.._:_._ .i3�'9it_ +? i4" 119 .� f fl: i!;! `fir i iP1 i.2'..1 -,.,--1 �a: .x ar, 4, �i iJ r i : s 33t ,+;'nlii'l ,� it -_ a4 11 i1 r f • tom ., . '� ; �X ,*`, O i`' I�� ` r- 5.7-v _. -Y"°4 ,„.;;.14>a 'k' r t ...F! -.:k-.5-- 2,:i.-;"'Z.-t4'.;'7.„-,. , -{,�4 l';'1' lift ,,—;-:•,,....;� }Y _.44' ',---'%4?v ,,'° x..+iT,r^6t ,, .t '<'s • • y 4✓.Y 1 *: ill +T4}�st ) Y ..'•S S 3 x: Iy. c. 7. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: CSAH 42 Advisory Committee DATE: May 6, 1997 INTRODUCTION AND BACKGROUND: Scott County and Dakota County are initiating a CSAH 42 Corridor Study, from Rosemount to Shakopee. The purpose of the study is to identify whether or not CSAH 42 can meet principal arterial guidelines regarding traffic mobility and access guidelines. The study is estimated at $120,000.00 and will be funded by the Counties and Mn/DOT. The consultant selection process is currently underway. The consultant selected will be using a Technical Steering Committee to help resolve the issues. This Committee is comprised of ten governmental entities, namely two Counties, six Cities (Rosemount, Apple Valley, Burnsville, Savage, Prior Lake and Shakopee), Mn/DOT and the Met Council. In addition to the Technical Steering Committee, a nontechnical advisory group comprised of representatives from the business community, residents, commuters, industry users, etc. will be formed to provide additional input for the process. Each entity has been requested to supply up to three names for the CSAH 42 Advisory Committee. Staff has received interest from one individual (shown on the attached list) and would recommend that the City Council officially appoint this person to this Advisory Committee. If there are other potential candidates, the Council should bring these names up at the meeting. ACTION REOUESTED: Move to appoint Michael Beard to the CSAH 42 Advisory Committee. 4" der Bruce Loney Public Works Director CSAH 42 ADVISORY COMMITTEE SHAKOPEE REPRESENTATIVES LIST APRIL 1997 Name Representing Michael Beard Citizen, Commuter, 8434 S. Horizon Drive Chamber of Commerce Pres. Shakopee, MN 55379 445-9374 TIIaN TSM S 4: v i g 9 ik I - ;6 ' --__..... .4,,,;•-• ' '''''''' ''''''4.-6 '' : 1 ) 1 eliwill _. !* ,,,' , le . iti , - 04 e A iii,T, . r a .11111 f 6 T t ' ...nano, �.ym' ,, r:.s$ 9 a' a f,o, 4 Cid lilitigIV q_ e'1?-:"1:;:17,1:;' aua 3 '^x L E'b 4> .1/4. i r,..: ''" t ,.. LI:" ...., , .21 _ iti. . �� „ ,.,0, if` , _:1--:,,i1, r71 If I , • �r z '0!! ! >mi (Dv 10111314 ( 1 pl ,fes.1..)173 2”'r!! ;11, Cdr.) i �. /al' .oe o awva a J' - i , l ; ,. 0 C4 7t' ,i 1> ‘f; //11 \ W it m �nill + C C t / I • 5 .. Rte° N,1}i: lt Yy a N m f s 'Or i - r MOM 34441 N 5 a `i' m C• Y,: H = 1 31fHWIB �cr 4.�' a a3 i 4> �� F.., : cp .A1 © �® tMpgm �1 a �1k GA • CD P4 C 6'n, Ail AIIIMU « c,s a 1g g.0 S il �/� {i�� v .._.- , ill E � V I F • g �� s 3' ,44*ip. I t ,� ©..<., 53 aE \11117 LI) /1' \tli‘ /', ' . ''. - ... ' op W V1411 4',' : : 14 I : 1. i : .3* 11u :. .. O aft o„„ MIIIP 44 00 2 fi _ ,. S , ,rte '� [A Y v ' r W O _Z 0 Z Z © I „:,,,,,,,,.::., „„,c),,,,,,...„ , ...,.,...„,„.„, , ,,.......,„. ......... .,... .,„. ,,.,„,„:...J., , ...:„.:.,..„...: . „.„,,c.:,„.,.. .:„.,,,....„„ ... © ,;1;,..,,. „ . C) .to © c O Da PO O "Oil `fikl I; rs itt `* a r a, e o :?:;•.'i.l...;:.:;::‘:e,.ri...:.f.:! 0 • [...... CC ii . ! & • C) • o ' f, ° ,rt 1 be .. au - -.v. 1[4 0-';'.;......:1;1.1'-':':iAk...'.-.::C.!'--- 1E1 ' . 0 -,. iipp.--, Z O ik m Os I II1 A uno3 UO3S . , hi. O• /.. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Code Enforcement DATE: April 16, 1997 INTRODUCTION: Staff is requesting authorization to hire a part-time code enforcement officer. BACKGROUND: In the past, seasonal, part-time code enforcement officers have been hired to deal with trash, abandoned cars and other unsightly violations of city code. Prior to 1991, the code enforcement officer was hired by the police department. In 1991, this position was eliminated because of budget constraints. It was resumed in 1994. Since 1994, to keep this position out of Civil Service, the code enforcement officer has been hired by the planning department but placed under the supervision of the Police Chief. The position has been funded through the police department budget. The Code Enforcement Officer Position Description is attached. The pay range for this position according to the 1997 part-time proposed pay structure is: Step 1 Step 2 Step 3 Step 4 $8.749 $9.263 $9.778 $10.293 ALTERNATIVES: 1. Authorize hiring of a code enforcement officer. 2. Do not authorize hiring of a code enforcement officer. RECOMMENDATION: Alternative#1. BUDGET IMPACT: In six months, the code enforcement officer will work approximately 1,000 hours at $8.749 per hour. $9,000 is set aside in the police budget to cover this expenditure. ACTION REQUESTED: 1. Offer Resolution#4463, amending resolution 4648 which adopted the 1997 pay schedule for the officers and non-union employees of the City of Shakopee, and move its adoption. 2. Authorize the appropriate city officials to hire a seasonal, part-time code enforcement officered at a rate of$8.749 per hour. POSITION DESCRIPTION Position: Code Enforcement Officer Department: Police Accountable to: Chief of Police Primary Obiective of position; The Code Enforcement Officer is responsible to the Chief of Police and has the responsibility of ensuring compliance of City Code violations, which generally include inoperable vehicles, animal control, debris, and signing violations. The position does not have Peace Officer authority as defined by the State of Minnesota, Peace Officer Standards and Training Board. Responsibilities and Skills Develop thorough knowledge of the City Code in the appropriate areas of the position's responsibility and the procedures required to ensure compliance. Receive complaints and record all necessary information. Inspect location of the alleged violation to verify a violation of the City Code. Document all elements of the violations which may include the use of photography. Notify the appropriate person(s) violating the City Code and issue a written compliance request when appropriate. Issue a written citation requiring a court appearance when voluntary compliance is not achieved or the violation requires immediate remedy. Confer with City Attorney when necessary to clarify a legal position or when requested for a pre-trial conference. Accurately and truthfully testify in court as to the facts of the violation. Regularly meet with the Chief of Police to discuss and review areas of mutual concern. Maintain accurate time sheets and expense records. Maintain a cooperative attitude with city staff and the general public. Requirements Must possess a High School Diploma or equivalent and a valid MN Driver's License. Position Status Part-time seasonal/temporary position from approx. May l-Nov.l. CITY OF SHAKOPEE Part-Time Proposed Pay Structure Proposed Pay Structure 1996 Proposed Step Step Step Step Title Top step Grade 1 2 3 4 Instructor-Cheerleading $13.650 G $1 1.412 $12.084 $12.755 $13.426 Instructor-Fitness $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Golf $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Gymnastics $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Skating $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Tennis $13.650 G $11.412 $12.084 $12.755 $13.426 Building Inspector $13.050 G $11.412 $12.084 $12.755 $13.426 Engineering Inspector $13.050 G $11.412 $12.084 $12.755 $13.426 Snow Plow Operator $13.050 G $11.412 $12.084 $12.755 $13.426 Not Used n/a F $9.999 $10.588 $11.176 $11.764 Activity/Trip Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Code Enforcement Off $9.490 E $8.749 $9.263 $9.778 $10.293 Day Camp Coord. $9.490 E $8.749 $9,263 $9.778 $10.293 Gymnastics Asst. $9.490 E $8.749 $9.263 $9.778 $10.293 Jr.Team Tennis Coord. $9:490 E $8.749 $9:263 $9.778 $10.293 Pool Manager $9.990 E $8.749 $9.263 $9.778 $10.293 Recording Secretary $9.490 E $8.749 $9.263 $9.778 $10.293 Summer Sports Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Teen Broomball Coord. $9.490 E $8.749 $9.263 $9.778 $1.0.293 Volleyball Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Arena Rink Attendnant $8.450 D $7.660 $8.111 $8.561 $9.012 Asst. Pool Manager $8.450 D $7.660 $8.111 $8.561 $9.012 Building Coordinator $8.450 D $7.660 $8.111 $8.561 $9.012 Administrative Intern $7.530 C $6.710 $7.105 $7.500 $7.894 Building Attendant $6.880 C $6.710 $7.105 $7.500 $7.894 Pool Cashier $6.880 C $6.710 $7.105 $7.500 $7.894 Engineering Intern $7.530 C $6.710 $7.105 $7.500 $7.894 Lifeguard/Instructor $7.240 C $6.710 $7.105 $7.500 $7.894 Maintenance Laborer $7.530 C $6.710 $7.105 $7.500 $7.894 Mechanics helper $7.530 C $6.710 ` $7.105 $7.500 $7.894 Lifeguard $6.280 B $5.853 $6.198 $6.542 $6.886 Office Worker $6.100 B $5.853 $6.198 $6.542 $6.886 Cheerleading Asst. $5.800 A $5.112 $5.413 $5.713 $6.014 Gym Attendant $5.800 A $5.112 $5.413 $5.713 $6.014 Pool Aide $5.800 A $5.112 $5.413 $5.713 $6.014 Rink Attendant $5.800 A $5.112 $5.413 $5.713 $6.014 Summer Sports Asst. $5.800 A $5.112 $5.413 • $5.713 . $6.014 4/25/97, 11:48 AM Page 1 1� RESOLUTION 4663 A RESOLUTION AMENDING RESOLUTION NO 4648,WHICH ADOPTED THE 1997 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE Whereas, on April 15, 1997,the Shakopee City Council adopted Resolution No. 4648 approving the 1997 pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and Whereas, certain conditions and circumstances have changed to make it desirous to amend the 1997 pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee,Minnesota, that the Code Enforcement Officer position classification is hereby added to the Pay Schedule for the Officers and Non-Union employees of the City of Shakopee at the following pay steps: Step 1 Step 2 Step 3 Step 4 $8.749 $9.263 $9.778 $10.293 Adopted in Session of the City of Shakopee, Minnesota held this day of , Mayor of the City of Shakopee ATTEST: City Clerk 1 y. I:). . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Awarding Sale of 1997A GO Building Bonds DATE: April 28, 1997 Introduction Council action is needed to award the sale of building bonds for 1997 . Background Attached is a sample resolution prepared by bond counsel which awards the sale of GO Building Bonds for 1997A. The bonds being sold will finance the new fire station project . The resolution needs to be adopted at the May 6th Council meeting. It is expected that the actual resolution will be brought to the meeting by Springsted. Action Offer Resolution No. 4657 A Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $3 , 140, 000 General Obligation Building Bonds, Series 1997A, and move its adoption. kv„ si Gregg oxland Finance Director I:\finance\docs\gregg\97bonds CERTIFICATION OF MINUTES RELATING TO $3,400,000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, May 6, 1997 at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. _ 7 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,4B6,666-GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A 3, YO/000 I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of May, 1997. Judith Cox, City Clerk Pursuant to authorization conferred by Resolution No. Springsted Incorporated presented _proposals solicited and negotiated by it for the vvozcoo purchase of$3,400,000 General Obligation Building Bonds, Series 1997A of the City. The terms of the proposals were as follows: Bid for Interest Total Interest Cost Name of Bidder Principal Rates - Net Average Rate Councilmember then introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$3748000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A 31/ yO/o0D BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Authorization and Sale. 1.01. Authorization of Bonds. This Council, by its Resolution No. adopted on April 15, 1997, has determined that is necessary for the City to sell and issue its General Obligation Building Bonds, Series 1997A in the aggregate principal amount of $3,400,000 (the Bonds) to finance the acquisition, construction and equipping of a new fire station (the Project). Resolution No. is incorporated herein by reference. 1.02. Proposals Received. The City has received proposals for the purchase of the Bonds, and does hereby find and determine that the most favorable proposal received is that of , of , and associates (the "Underwriter"), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Sale of Bonds. The sale of the Bonds is hereby awarded to the Underwriter, and the Mayor and City Clerk are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds in accordance with the terms of said bid. The good faith check of the successful bidder shall be retained and deposited by the Finance Director. The good faith checks of other bidders shall be returned to them forthwith. Section 2. Bond Terms; Registration; Execution and Delivery. Subject to the provisions of Section 2.08: 2.01. Maturities; Interest Rates; Denominations; Payment. The Bonds shall be designated General Obligation Building Bonds, Series 1997A, shall be originally dated as of June 1, 1997, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on February 1 in the respective years and -1- amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 1998 $155,000 2008 $160,000 1999 105,000 2009 170,000 2000 110,000 2010 180,000 2001 115,000 2011 190,000 2002 120,000 2012 200,000 2003 130,000 2013 215,000 2004 135,000 2014 225,000 2005 140,000 2015 235,000 2006 145,000 2016 250,000 2007 155,000 2017 265,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar for the Bonds appointed herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be authenticated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) if the date of authentication is prior to February 1, 1998, such Bond shall be dated as of June 1, 1997. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1998, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written -2- instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond 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 upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, 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. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu -3- of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. 2.04. Appointment of Registrar and Paying Agent. The City hereby appoints Minnesota, as the initial Registrar and Paying Agent for the Bonds, which, together with any successor entity is sometimes referred to herein as the Registrar or the Registrar and Paying Agent. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with said Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.05. Redemption. Bonds maturing in the years 1998 through 2005 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2006 through 2017 shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order as the City shall determine and by lot as to Bonds having the same maturity date, on February 1, 2005 and on any date thereafter (whether or not an interest payment date), at a price equal to the principal amount thereof and accrued interest to the date of redemption. Prior to the date set for redemption of any Bond prior to its stated maturity date, the Clerk shall cause notice of the call for redemption thereof to be published as required by law and, at least twenty (20) days prior to the designated redemption date, shall cause notice of the call to be mailed to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.03 hereof. 2.06. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures -4- may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Clerk shall deliver the same to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price. 2.07. Form of Bonds. The Bonds shall be typed or printed in substantially the following form: -5- [Face of the Bonds] UNITED STATES OF AMERICA R-_ STATE OF MINNESOTA $ COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION BUILDING BOND, SERIES 1997A Interest Maturity Date of Rate Date Original Issue CUSIP February 1, June 1, 1997 Registered Owner: Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the City of Shakopee, a duly organized and existing municipal corporation of Scott County, Minnesota (the City), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner named above, or registered assigns, the principal sum specified above on the maturity date specified above, and to pay interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1998, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the month immediately preceding the payment date, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender of this Bond, the principal hereof, are payable in lawful money of the United States of America by check or draft issued by , in , Minnesota, Bond Registrar and Paying Agent (the Registrar), or its designated successor under the Resolution described herein, or in a manner otherwise agreed with any nationally recognized securities depository which is the registered owner at any time. For the prompt and full payment of such principal -6- and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution described herein until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the printed facsimile signatures of the Mayor and City Clerk, and has caused this Bond to be dated as of the Date of Original Issue set forth above. CITY OF SHAKOPEE, MINNESOTA (facsimile) Mayor Attest: (facsimile) City Clerk CER1'1NCATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: Registrar By: Authorized Representative -7- [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $3,400,000, all of like date and tenor, except as to maturity date, interest rate, denomination and redemption privilege, issued pursuant to authorization by the duly qualified electors of the City and a resolution adopted by the City Council on May 6, 1997 (the Resolution), for the purpose of financing the acquisition, construction and equipping of a new fire station in the City, and is issued pursuant to and in full conformity with the constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds of this series are issuable only as fully registered Bonds, in denominations of $5,000 or any multiple thereof, of single maturities. In the Resolution the City Council determined that in calendar year 1997 the City does not expect to issue tax-exempt obligations in an aggregate principal amount greater than $10,000,000 (exclusive of "private activity bonds"), and designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265 of the Internal Revenue Code of 1986. Bonds of this issue maturing in 2005 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2006 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order as the City shall determine and by lot as to Bonds maturing on the same date, on February 1, 2005 and any date thereafter (whether or not an interest payment date), at a price equal to the principal amount thereof plus interest accrued to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published as required by law, and, at least 20 days prior to the designated redemption date, will cause notice of the call to be mailed to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the principal amount remaining outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and -8- maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CER 11N1hD, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the constitution and the laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof the City has levied ad valorem taxes on all taxable property in the City which are collectible for the years and in amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds of this issue when due, and has appropriated such taxes to the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Shakopee, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) City Clerk Mayor -9- The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Transfers to Minors by entireties JT TEN— as joint tenants Act with right of (State) survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: -10- Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee -11- 2.08. Use of Securities Depository; Book-Entry Only System. The provisions of this Section shall take precedence over the provisions of Sections 2.01 through 2.07 to the extent they are inconsistent therewith. (a) The Depository Trust Company (DTC) has agreed to act as securities depository for the Bonds, and to provide a Book-Entry Only System for registering the ownership interest of the financial institutions for which it holds the Bonds (the DTC Participants), and for distributing to such DTC Participants such amount of the principal and interest payments on the Bonds as they are entitled to receive, for redistribution to the beneficial owners of the Bonds as reflected in their records (the Beneficial Owners). (b) Initially, and so long as DTC or another qualified entity continues to act as securities depository, the Bonds shall be issued in typewritten form, one for each maturity in a principal amount equal to the aggregate principal amount of each maturity, shall be registered in the name of the securities depository or its nominee, shall be subject to the provisions of this Section 2.08, and no Beneficial Owner shall have the right to receive a certificate of ownership or printed Bond. While DTC is acting as the securities depository, the Bonds shall be registered in the name of the DTC's nominee, CEDE & CO.; provided that upon delivery by DTC to the City and the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of CEDE & CO., the words "CEDE & CO." in this Resolution refer to such new nominee of DTC. With respect to Bonds registered in the name of a securities depository or its nominee, the City and the Registrar shall have no responsibility or obligation to any DTC Participant or Beneficial Owner with respect to the following: (i) the accuracy of the records of any securities depository or its nominee with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or other person or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than DTC, of any amount with respect to the principal of or premium, if any, or interest on the Bonds. The Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the order of DTC, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal and interest on the Bonds to the extent of the sum or sums so paid. So long as the Book-Entry Only System is in effect, no person other than DTC shall receive an authenticated Bond. (c) Upon receipt by the City and the Registrar of written notice from the securities depository to the effect that it is unable or unwilling to discharge its responsibilities under the Book-Entry Only System, the Registrar shall issue, transfer and exchange Bonds of the initial series as requested by the securities depository in appropriate amounts, and whenever the securities depository requests the City and -12- the Registrar to do so, the City and the Registrar shall cooperate with the securities depository in taking appropriate action after reasonable notice (i) to arrange for a substitute depository willing and able, upon reasonable and customary terms, to maintain custody of the Bonds, or (ii) to make available Bonds registered in whatever name or names the Beneficial Owner registering ownership transferring or exchanging such Bonds shall designate, in accordance with clause (f) or clause (g) below, whichever is applicable. (d) In the event the City determines that it is in the best interests of the Beneficial Owners that they be able to obtain printed Bonds, the City may so notify the securities depository and the Registrar, whereupon the securities depository shall notify the Beneficial Owners of the availability through the securities depository of such printed Bonds. In such event, the City shall cause to be prepared and the Registrar shall issue, transfer and exchange the printed Bonds fully executed and authenticated, as requested by the securities depository in appropriate amounts and, whenever the securities depository requests, the City and the Registrar shall cooperate with the securities depository in taking appropriate action after reasonable notice to make available printed Bonds registered on the Bond Register in whatever name or names the Beneficial Owners entitled to receive Bonds shall designate, in accordance with clause (f) or clause (g) below, whichever is applicable. (e) Notwithstanding any other provisions of this Resolution to the contrary, so long as any Bond is registered in the name of a securities depository or its nominee, all payments of principal and interest on the Bond and all notices with respect to the Bond shall be made and given, respectively, to the securities depository. (f) In the event that the Book-Entry Only System established pursuant to this Section is discontinued, except as provided in clause (g), the Bonds shall be issued through the securities depository to the Beneficial Owners. (g) In the event of termination of the Book-Entry Only System, the City shall have the right to terminate, and shall take all steps necessary to terminate, all arrangements with the securities depository described herein, and thereafter shall issue, register ownership of, transfer and exchange all Bonds as provided in Section 2.03. Upon receipt by the securities depository of notice from the City, the securities depository shall take all actions necessary to assist the City and the Registrar in terminating all arrangements for the issuance of documents evidencing ownership interests in the Bonds through the securities depository. Nothing herein shall affect the securities depository's rights under clause (d) above. (h) The City has entered into a Blanket Issuer Letter of Representations with DTC. -13- Section 3. Use of Proceeds; Series 1997A Building Bond Construction Fund. There is hereby created on the official books and records of the City, a special fund to be designated as the "Series 1997A Building Bond Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction fund all proceeds of the sale of the Bonds, less the amount required by Section 4 hereof to be deposited in the Series 1997A Building Bond Account therein created. The Construction Fund shall be used solely to defray expenses of the Project. Upon completion and payment of all costs of the Project, any balance of the proceeds of the Bonds remaining in the Construction Fund shall be credited and paid to the Bond Account. Section 4. Series 1997A Building Bond Account. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service account on the official books and records of the City to be known as the Series 1997A Building Bond Account (hereinafter referred to as the Bond Account), and the principal of and interest on the Bonds shall be payable primarily from the Bond Account. The City irrevocably appropriates to the Bond Account (a) unused discount and accrued interest, which shall be used to pay interest accruing on the Bonds through February 1, 1998; (b) all ad valorem taxes levied in accordance with this resolution; and (c) all such other moneys as shall be received and appropriated to the Bond Account from time to time. If the balance in the Bond Account is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Account when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy an amount sufficient to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. Section 5. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds when due, the full faith and credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce sums which, together with Bond proceeds appropriated to the payment of the Bonds, will be not less than 5% in excess of the amounts needed to pay the principal of and interest on the Bonds when due, there is hereby levied on all taxable property in the City, a direct, irrepealable ad valorem tax, for the years and in the amounts as follows: -14- Levy Collection Levy Collection Year Year Amount Year Year Amount 1996 1997 2006 2007 1997 1998 2007 2008 1998 1999 2008 2009 1999 2000 2009 2010 2000 2001 2010 2011 2001 2002 2011 2012 2002 2003 2012 2013 2003 2004 2013 2014 2004 2005 2014 2015 2005 2006 2015 2016 The collections of such tax levy shall be deposited in the Series 1996A Bond Account. The City reserves the right to reduce or cancel such tax levy in accordance with Minnesota Statutes, Section 475.61. Section 6. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates ass shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or said redemption date. Section 7. Registration of Bonds and Tax Levy. The Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County, together with such additional information as they shall require, and to obtain from said County Auditor a certificate that the Bonds have -15- been duly entered upon his bond register and that the tax required for the payment thereof has been levied. Section 8. Official Statement; Continuing Disclosure. 8.01 Official Statement. The Official Statement relating to the Bonds dated April _, 1997, and the Official Statement Addendum dated May , 1997 (together the "Official Statement"), is a final official statement within the meaning of Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12 ("Rule 15c2-12"). The initial purchasers of the Bonds designated in Section 1 hereof (the "Initial Purchasers") are authorized and directed to distribute the Official Statement to all persons to whom the bonds are reoffered. 8.02 Continuing Disclosure. (a) General Undertaking. The City covenants and agrees with the Owners from time to time of the Bonds to comply with Rule 15c2-12, paragraph (b)(5) (as in effect and interpreted from time to time, "Rule 15c2-12"); and, for this purpose, to provide to nationally recognized municipal securities information repositories and any Minnesota state information depository, annual financial information of the type included in the Official Statement, including audited financial statements, and notice of the occurrence of certain specified events which materially affect the terms, payment, security, rating or tax status of the Bonds, as set forth in this Section. The City is the only "obligated person" in respect of the Bonds within the meaning of Rule 15c2-12. As used in this Section 8.02, "Owner" or "Bondowner" means, in respect of a Bond, the Registered Owner or Owners thereof appearing in the Bond Register maintained by the Registrar or any Beneficial Owner thereof, if such owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used in this Section 8.02, "Beneficial Owner" means, in respect of a Bond, any person or entity which has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or is treated as the owner of the Bond for federal income tax purposes. (b) Information to Be Disclosed. The City will provide, in the manner set forth in paragraph (c) hereof, either directly or indirectly through an agent designated by the City Council, the following information (the Disclosure Information) at the following times: (1) Within one year after the end of each fiscal year, commencing with the fiscal year ending December 31, 1997 (each a Reporting Date): -16- (A) the general purpose financial statements of the City for the fiscal year ending on the previous December 31, prepared in accordance with generally accepted accounting principles for governmental entities as prescribed by the Government Accounting Standards Board as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles, noting the variances therefrom and the effect thereof, together with an independent auditor's report and opinion thereon; provided, however, that if audited financial statements are not available by such date, the financial statements to be delivered shall be unaudited, but the City undertakes and agrees to provide, within 10 days after the receipt thereof by the City, audited general purpose financial statements of the City for such fiscal year and the audit report and opinion of an independent auditor relating thereto; and (B) to the extent not included in the financial statements referred to in clause (A) hereof, the information for such fiscal year of the type contained in the Official Statement under the following headings or subheadings: Most Recent Population Estimate; City Property Values; City Indebtedness; City Tax Rates, Levies and Collections; and Current General Fund Budget. Any or all of the information may be incorporated by reference from other documents, including official statements, which have been submitted to each of the repositories referred to under this paragraph (b) or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided however, if -17- such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 8.02 is amended as permitted by this Resolution, then the City is to include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operation data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax- exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be -18- deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the information required under subparagraph (1) of this paragraph (b) at the time specified thereunder; (B) the amendment or supplementing of this Section 8.02 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 8.02 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the information required under subparagraph (1) of this paragraph (b) are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in paragraph (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in subparagraph (1) of paragraph (b), to each then nationally recognized municipal securities information repository under Rule 15c2-12 and to any State information depository then designated or operated by the State of Minnesota as contemplated by Rule 15c2-12 (the State Depository), if any; -19- (2) the information described in subparagraphs (2) and (3) of paragraph (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in paragraph (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of any bondholder, to any bondholder who requests in writing such information at the time of transmission under subparagraphs (1) or (2) of this paragraph (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 8.02 shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 8.02 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of bond counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 8.02 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule 15c2-12 or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 8.02 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in subparagraph (3) of paragraph (c)) or the consent of the Owners of any Bonds, by resolution of the City Council accompanied by an opinion of bond counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (A) such amendment or supplement (i) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the type of operations conducted by the City, or (ii) is required by, or better complies with, the provisions of paragraph (b)(5) of Rule 15c2-12; (B) this Section 8.02 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of Rule 15c2-12 at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that Rule 15c2-12 is in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (C) such amendment or supplement does not materially impair the interests of the Owners under Rule 15c2-12. -20- If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 8.02 is entered into to comply with the continuing disclosure provisions of Rule 15c2-12 and should be construed so as to satisfy the requirements of Rule 15c2-12. (e) Failure to Comply; Remedies. If the City fails to comply with any provision of this Section 8.02 any person aggrieved thereby, including the Owner of any outstanding Bond, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 8.02. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 8.02 constitute a default with respect to the Bonds or under any other provision of this Resolution. (f) Further Limitation of Liability of City. If and to the extent the limitations of liability contained in subsection (e) are not effective, anything contained in this Section 8.02 to the contrary notwithstanding, in making the agreements, provisions and covenants set forth in this Section 8.02, the City has not obligated itself except with respect to the specific pledge for payment of the Bonds. None of the agreements or obligations of the City contained herein shall be construed to constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions whatsoever or constitute a pledge of the full faith and credit or taxing powers of the City. Section 9. Tax Covenant; Arbitrage. (a) The City covenants and agrees with the holders from time to time of the Bonds herein authorized, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations issued thereunder, in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that such interest will not become subject to taxation under the Code and applicable treasury regulations, as presently existing or as hereafter amended and made applicable to the Bonds. (b) The Mayor and the City Clerk being the officers of the city charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in -21- order to satisfy the provisions or Section of the Code regulations promulgated thereunder relating to arbitrage bonds and other tax matters. Section 10. Qualified Tax-Exempt Obligations. This Council hereby determines and declares that the City does not reasonably expect to issue in calendar year 1997 tax-exempt obligations in an aggregate principal amount greater than $10,000,000 (exclusive of "private activity bonds"). This Council hereby specifically designates the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265 of the Code, and covenants that it will not in any event designate in calendar year 1997 more than $10,000,000 of its obligations as such "qualified tax- exempt obligations." Section 11. Authentication of Transcript. The officers of the City and said County Auditor are hereby authorized and directed to prepare and furnish to the purchasers of the Bonds, and to the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -22- COUNTY AUDITOR'S CERTIFICATE AS TO BOND REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of Scott County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted May 6, 1997,by the City Council for the City of Shakopee, Minnesota, setting forth the form and details of an issue of $3,400,000 General Obligation Building Bonds, Series 1997A, dated, as originally issued, as of June 1, 1997. I further certify, as originally issued, that said Bond issue has been entered on my bond register and that the tax necessary for the payment thereof has been levied as required by Minnesota Statutes, Chapter 475. WITNESS my hand and official seal this _day of , 1997. County Auditor (SEAL) 1 1Y, 0. 1 . 85 E. SEVENTH PLACE,SUITE 100 - SAINT PAUL,MN 55101-2143 612-223-3000 FAX: 612-223-3002 SPRINGSTED Public Finance Advisors $3,140,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A (BOOK ENTRY ONLY) AWARD: SMITH BARNEY CRONIN&COMPANY, INCORPORATED NATCITY INVESTMENTS, INC. SALE: May 6, 1997 Moody's Rating: A2 Years: 1998-2003 Moody's Rating: Aaa Years: 2004-2017 FSA Insured Interest Net Interest True Interest Bidder Rates Price Cost Rate SMITH BARNEY 4.10% 1998 $3,094,671.80 $1,966,337.78 5.4296% CRONIN & COMPANY, INCORPORATED 4.40% 1999 NATCITY INVESTMENTS, INC. 4.50% 2000 4.60% 2001 4.65% 2002 4.75% 2003 4.85% 2004 4.90% 2005 5.00% 2006-2007 5.10% 2008 5.20% 2009 5.25% 2010-2012 5.375% 2013-2014 5.50% 2015-2017 (Continued) SAINT PAUL,MN MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS WASHINGTON,DC IOWA CITY,IA 114. Interest Net Interest True Interest + Bidder Rates Price Cost Rate HARRIS TRUST& SAVINGS BANK 4.00% 1998 $3,094,374.80 $1,975,554.37 5.4547% First Tennessee Capital Markets 4.35% 1999 Josephthal, Lyon & Ross, Inc. 4.55% 2000 NBC Capital Markets Group, Inc. 4.65% 2001 Sterne, Agee & Leach, Inc. 4.70% 2002 Wachovia Bank of North 4.75% 2003 Carolina, N.A. 4.80% 2004 4.90% 2005 5.00% 2006-2007 5.10% 2008 5.20% 2009 5.25% 2010 5.30% 2011 5.35% 2012 5.40% 2013 5.50% 2014-2017 PRUDENTIAL SECURITIES, INC. 4.80% 1998-2003 $3,092,900.00 $1,972,985.00 5.4553% ABN AMR() CHICAGO CORPORATION 4.90% 2004 DEAN WITTER REYNOLDS 5.00% 2005 INCORPORATED 5.05% 2006 PAINEWEBBER INCORPORATED 5.10% 2007-2009 OPPENHEIMER &CO., INC. 5.20% 2010 5.30% 2011-2012 5.40% 2013-2015 5.50% 2016-2017 NORWEST INVESTMENT SERVICES, INC. 3.80% 1998 $3,092,900.00 $1,978,770.00 5.4628% FBS INVESTMENT SERVICES, INC. 4.30% 1999 John G. Kinnard & Company 4.50% 2000 Incorporated 4.55% 2001 4.60% 2002 4.70% 2003 4.80% 2004 4.90% 2005 4.95% 2006 5.00% 2007 5.10% 2008 5.20% 2009 5.25% 2010 5.35% 2011-2012 5.40% 2013 5.45% 2014 5.50% 2015 5.55% 2016-2017 GRIFFIN, KUBIK, STEPHENS & 5.00% 1998-1999 $3,092,900.00 $1,975,117.08 5.4720% THOMPSON, INC. 5.10% 2000-2006 5.125% 2007-2008 5.20% 2009 5.30% 2010-2011 5.375% 2012-2017 (Continued) Interest Net Interest True Interest Bidder Rates Price Cost Rate WILLIAM R. HOUGH & CO. 4.70% 1998-2003 $3,095,791.15 $1,983,365.52 5.4771% NIKE SECURITIES 4.80% 2004 J.C. BRADFORD &CO. 4.90% 2005 5.00% 2006-2007 5.30% 2008-2012 5.50% 2013-2017 PIPER JAFFRAY INC. 4.00% 1998 $3,118,899.20 $1,997,482.47 5.4846% ROBERT W. BAIRD.&COMPANY, 4.40% 1999 INCORPORATED 4.60% 2000 Edward D. Jones &Company 4.70% 2001 4.80% 2002 4.85% 2003 4.90% 2004 4.95% 2005 5.00% 2006 5.05% 2007 5.45% 2008-2012 5.60% 2013-2017 JURAN & MOODY, A DIVISION OF 4.30% 1998 $3,104,566.05 $2,000,545.62 5.5103% MILLER, JOHNSON & KUEHN, INC. 4.50% 1999 DOUGHERTY DAWKINS LLC 4.60% 2000 UMB BANK, N.A. 4.70% 2001 4.75% 2002 4.80% 2003 4.90% 2004 5.00% 2005 5.05% 2006 5.10% 2007 5.20% 2008 5.30% 2009 5.35% 2010 5.40% 2011 5.45% 2012 5.50% 2013 5.60% 2014-2017 (Continued) a REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 4.10% 1998 Par 4.40% 1999 Par 4.50% 2000 Par 4.60% 2001 Par 4.65% 2002 Par 4.75% 2003 Par 4.85% 2004 Par 4.90% 2005 Par 5.00% 2006 Par 5.00% 2007 5.05% 5.10% 2008 5.15% 5.20% 2009 Par 5.25% 2010 5.30% 5.25% 2011 5.35% 5.25% 2012 5.40% 5.375% 2013 5.45% 5.375% 2014 5.50% 5.50% 2015 5.55% 5.50% 2016 5.55% 5.50% 2017 5.55% BBI: 5.77% Average Maturity: 11.59 Years /V• 0 . Z. . OFFICIAL STATEMENT DATED APRIL 22, 1997 Rating: Requested from Moody'sers NEW ISSUE interest on Ih the opinion Dorsey& Whitneyro LLP,income of the recipient foon the r federal income asis of laws in tax purposesect on the orin taxable net incomef issuance of the oof individuals, the estatesBonds and is not includable Minnesotale in gross purposes, but is includable in taxable income of corporations and financial institutions for urostrustshe or income tax purposes of the Minnesota franchise tax. (For a discussion of related issues see "TAX EXEMPTION"herein.) $3,400,000 City of Shakopee, Minnesota General Obligation Building Bonds, Series 1997A (Book Entry Only) Interest Due: Each February 1 and August 1, Dated Date: June 1, 1997 commencing February 1, 1998 The Bonds will mature February 1 as follows: 2013 $215,000 1998 $155,000 2003 $130,000 2008 $160,000 5,000 2004 $135,000 2009 $170,000 2014 $225,000 1999 $110,000 2005 $140,000 2010 $180,000 2013 $22 2000 $115,000 2006 $145,000 2011 $190,000 2016 $250,000 20011 $115,000 2002 $120,000 2007 $155,000 2012 $200,000 2017 $265,000 le rovi infor a nation of serial bonds and Proposals for the Bonds may contain a maturity s nhodr afteptthe firsg mandatory Is nk ng fund redemption d terof bonds, provided that no serial bond may mature o any term bond. All term bonds shall be subject tomandatory sinkingnfund u do redemption date nfand must oconform to the maturity schedule set forth above at a price of parplusBonds due on or after The City may elect anc on of Februarypar pls accrued interest. ny day thereafter, to prepay February 1, 2006 p The Bonds will be general obligations of the City for thelch the Bonds wlty ill be used Ito finats full faith acqu sit and credolnt, construction and power to levy direct general ad valorem taxes. Proceeds and equipping of a new fire station. Proposals must be for not less than $3,350,000 and accrued era Financial Suaetyprincipal ln the amount of Bonds and shall be accompanied by a certified or cashier's check or5/100 $34,000, payable to the order of the City. Proposals shall specify e the basis rates in f integralTre terest multiples of(TIC). or 1/8 of 1%. Rates must be in ascending order. Award will be The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for individuals. registered in the The Bonds will be issued as fully registered Bonds without coupons and, when!Deni)sued,DTC will llbl reg at r e in tee name of Cede & Co., as nominee of The Depository Trust Company s depository of the Bonds. Individual purchases mawibe ll not receive ade in certk ifcates form �epresent ng theirnly, in the niterest amountn of $5,000 and integral multiples thereof. PurchasersatTC hin the Bonds purchased. (See "Book Entry System" Minnesota,Bonds N illtnal Assoc atione available for eals Regi tray andtwill 40 days after award. The City has named Norwest Bank pay for registration services. PROPOSALS RECEIVED: May 6, 1997 (Tuesday) until 11:30 A.M., Central Time AWARD: May 6, 1997 (Tuesday) at 7:00 P.M., Central Time Further information may be obtained from SPRINGSTED 2 SPRINGSTED Incorporated, Financial Advisor to the Issuer, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 Public Finance Advisors (612)223-3000 For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the Issuer from time to time (collectively, the "Official Statement") may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the Issuer, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the Issuer with respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The Issuer designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the Issuer and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. TABLE OF CONTENTS Page(s) Terms of Proposal i-iv Schedule of Bond Years Introductory Statement 1 Continuing Disclosure 1-3 3 4 4 4 4 4-5 5 5 6 6 6-7 7-11 11-12 12 12-13 13-15 15-16 The Bonds Authority and Purpose Security and Financing Future Financing Litigation Legality Tax Exemption Bank-Qualified Tax-Exempt Obligations Rating Financial Advisor Certification City Property Values City Indebtedness City Tax Rates, Levies and Collections Funds on Hand City Investments General Information Concerning the City Governmental Organization and Services Proposed Form of Legal Opinion Appendix I Continuing Disclosure Undertaking 1 Appendix II Summary of Tax Levies, Payment Provisions, and Appendix III Minnesota Real Property Valuation Selected Annual Financial Statements Appendix IV Proposal Forms Inserted (This page was left blank intentionally.) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,400,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, May 6, 1997, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885-8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1998. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1998 $155,000 2003 $130,000 2008 $160,000 2013 $215,000 1999 $105,000 2004 $135,000 2009 $170,000 2014 $225,000 2000 $110,000 2005 $140,000 2010 $180,000 2015 $235,000 2001 $115,000 2006 $145,000 2011 $190,000 2016 $250,000 2002 $120,000 2007 $155,000 2012 $200,000 2017 $265,000 - i - Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition, construction and equipping of a new fire station. TYPE OF PROPOSALS Proposals shall be for not less than $3,350,000 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $34,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the - ii - Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, - iii - Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 15, 1997 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk - iv - SCHEDULE OF BOND YEARS $3,400,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A Cumulative Year Principal Bond Years Bond Years 1998 $155,000 103.3333 103.3333 1999 $105,000 175.0000 278.3333 2000 $110,000 293.3333 571 .6666 2001 $115,000 421 .6667 993.3333 2002 $120,000 560.0000 1 ,553.3333 2003 $130,000 :736.6667 2,290.0000 2004 $135,000 900.0000 3,190.0000 263.3333 2005 $140,000 1 ,073.3333 4,263.3333 2006 $145,000 c 1 ,256.6667 5,520.0000 2007 $155,000 c 1 ,498.3333 7,018.3333 2008 $160,000 c 1,706.6667 8,725.0000 2009 $170,000 c 1 ,983.3333 10,708.3333 2010 $180,000 c 2,280.0000 12,988.3333 2011 $190,000 c 2,596.6667 15 585.0000 2012 $200,000 c 2,933.3333 18,518.3333 2013 $215,000 c 3,368.3333 21 ,886.6666 2014 $225,000 c 3,750.0000 25,636.6666 2015 $235,000 c 4,151 .6667 29,788.3333 2016 $250,000 c 4,666.6667 34,455.0000 2017 $265,000 c 5,211 .6667 39,666.6667 Average Maturity: 11 .67 Years Bonds Dated: June 1 , 1997 Interest Due: February 1 , 1998 and each February 1 and August 1 to maturity. Principal Due: February 1 , 1998-2017 inclusive. ary 1 , 6 are Optional Call: Bonds commencing rFebruary ing on r1 , 2005after Fand u0tcallable any datethereafteratpar. (See Terms of Proposal. ) c: subject to optional call - v - (This page was left blank intentionally.) OFFICIAL STATEMENT $3,400,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING BONDS, SERIES 1997A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Shakopee, Minnesota (the "City") and its issuance of $3,400,000 General Obligation Building Bonds, Series 1997A (the "Bonds" or the "Issue"). The Issue is a general obligation of the City for which the City pledges its full faith and credit and power to levy general ad valorem taxes without limit as to rate or amount. Inquiries may be made to Mr. Gregg Voxland, Finance Director, City of Shakopee, 129 South Holmes Street, Shakopee, Minnesota 55379, or by telephoning (612) 445-3650. Inquiries may also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55102-2143, or by telephoning (612) 223-3000. If information of a specific legal matter is desired, requests may be directed to Mr. Thomas S. Hay, Dorsey & Whitney, LLP, Bond Counsel, 2200 First Bank Place East, Minneapolis, MN 55402, or by telephoning (612) 340-2600. CONTINUING DISCLOSURE In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the "Rule"), the City will covenant and agree, for the benefit of the registered holders or beneficial owners from time to time of the outstanding Bonds, in the Bond Resolution, to provide annual reports of specified information and notice of the occurrence of certain events, if material, as hereinafter described (the "Disclosure Covenant"). The information to be provided on an annual basis, the events as to which notice is to be given, if material, and a summary of other provisions of the Disclosure Covenant, including termination, amendment and remedies, are set forth in Appendix II to this Official Statement. The City has never failed to comply in all respects with any previous undertakings under the Rule to provide annual reports or notices of material events. Breach of the Disclosure Covenant will not constitute a default or an "Event of Default" under the Bonds or the Resolution. A broker or dealer is to consider a known breach of the Disclosure Covenant, however, before recommending the purchase or sale of the Bonds in the secondary market. Thus, a failure on the part of the City to observe the Disclosure Covenant may adversely affect the transferability and liquidity of the Bonds and their market price. THE BONDS General Description The Bonds are dated June 1, 1997 and will mature annually each February 1, commencing February 1, 1998, as set forth on the cover page of this Official Statement. The Bonds are - 1 - being issued in book entry form. Interest on the Bonds is payable February 1, 1998 and semi- annually thereafter on August 1 and February 1. Interest will be payable to the holder (initially Cede & Co.) registered on the books of Norwest Bank Minnesota, National Association (the "Registrar") on the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the section "Book Entry System" herein. The City has named Norwest Bank Minnesota, National Association as the Registrar who shall be subject to applicable SEC regulations and the City will pay for registration services. Optional Redemption The City may elect on February 1, 2005, and on any day thereafter, to prepay the Bonds due on or after February 1, 2006. Redemption may be in whole or in part, and if in part, at the option of the City and in such order as the City shall determine. Redemption of the Bonds shall be at a price of par plus accrued interest. Book Entry System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully-registered Bond certificate per maturity will be issued in the principal amount of the Bonds maturing in such year, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges in deposited securities through electronic computerized book entry changes in Participants° accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants ("Direct Participants") include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except in the event that use of the book entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has -2 - no knowledge of the actual Beneficial Owners of the Bonds. DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices for the Bonds shall be sent to Cede & Co. If less than all of the Bonds are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the Bond Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on the payment date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal or interest to DTC is the responsibility of the Registrar, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the Bond Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. The information in this section concerning DTC and DTC's book entry has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and a referendum held on November 5, 1996 which passed by a vote of 4,484 (yes) to 2,050 (no). The authorization was for $3,400,000 of general obligation building bonds to be used for the acquisition, construction and equipping of a new fire station. The composition of the Bonds is as follows: Total Project Costs $3,321,500 Issuance Costs 28,500 Underwriter's Discount 50,000 Bond Issue Size $3,400,000 - 3 - SECURITY AND FINANCING The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. The first principal and interest payment due February 1, 1998 will be made from taxes levied in 1996 and collected in 1997. Thereafter, each August 1 interest payment will be made from first-half collections of taxes and each subsequent February 1 principal and interest payment will be made from second-half collections, plus surplus first-half collections. FUTURE FINANCING The City does not anticipate any additional general obligation borrowing for at least the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Dorsey & Whitney, LLP, of Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement, except for guidance concerning the following section, "Tax Exemption," and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement, and will express no opinion with respect thereto. A legal opinion in substantially the form set out as Appendix I herein will be delivered at closing. TAX EXEMPTION In the opinion of Dorsey & Whitney, LLP, as Bond Counsel, under federal and Minnesota laws, regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest on the Bonds is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the Bonds is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as amended (the "Code"), however, impose continuing requirements that must be met after the issuance of the Bonds in order for interest thereon to be and remain not includable in federal gross income and in Minnesota taxable net income. Noncompliance with such requirements by the City may cause the interest on the Bonds to be includable in gross income for purposes of federal income taxation and in taxable net income for purposes of Minnesota income taxation, retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on which such noncompliance is ascertained. No provision has been made for redemption of or for an increase in the interest rate on the Bonds in the event that interest on the Bonds becomes includable in federal gross income or Minnesota taxable income. -4 - Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is includable in book income or in earnings and profits in determining the alternative minimum taxable income of corporations for purposes of the alternative minimum tax and the environmental tax imposed by Section 59A of the Code. Interest on the Bonds may be includable in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is includable in the net investment income of foreign insurance companies for purposes of Section 842(b) of the Code. In the case of an insurance company subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to fifteen percent of the interest on the Bonds that is received or accrued during the taxable year. Section 86 of the Code requires recipients of certain Social Security and railroad retirement benefits to take into account, in determining the taxability of such benefits, receipts or accruals of interest on the Bonds. Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for a Subchapter S corporation that has Subchapter C earnings and profits at the close of the taxable year if greater than twenty-five percent of the gross receipts of such Subchapter S corporation is passive investment income. Section 265 of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Bonds or, in the case of a financial institution, that portion of the holder's interest expense allocated to interest on the Bonds, except with respect to certain financial institutions (within the meaning of Section 265(b)(3) of the Code). The foregoing is not intended to be an exhaustive discussion of collateral tax consequences arising from receipt of interest on the Bonds. Prospective purchasers or bondholders should consult their tax advisors with respect to collateral tax consequences, including without limitation the calculations of alternative minimum tax, environmental tax or foreign branch profits tax liability or the inclusion of Social Security or other retirement payments in taxable income. BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt bonds purchased after August 7, 1986. However, the City has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code which would permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. RATING • An application for a rating of the Bonds has been made to Moody's Investors Service ("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. - 5 - FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of these Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Official Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. CITY PROPERTY VALUES 1996 Indicated Market Value of Taxable Property: $794,443,067* Calculated by dividing the county assessor's estimated market value of$704,671,000 by the 1995 sales ratio of 88.7% for the City as determined by the State Department of Revenue. (1996 sales ratios are not yet available.) 1996 Taxable Net Tax Capacity: $13,387,536 1996 Net Tax Capacity $16,871,570 Less: Contribution to Fiscal Disparities (3,288,621) Captured Tax Increment Tax Capacity (1,514,980) Plus: Distribution from Fiscal Disparities 1,319,567 1996 Taxable Net Tax Capacity $13,387,536 1996 Taxable Net Tax Capacity by Class of Property Residential Homestead $ 5,255,231 39.2% Commercial/Industrial, Public Utility and Personal Property 6,788,403* 50.7 Residential Non-Homestead 1,036,321 7.7 Agricultural 300,637 2.3 Other 6.944 0.1 Total $13,387,536 100.0% * Reflects adjustments for fiscal disparities and captured tax increment tax capacity. - 6 - Trend of Values Assessor's Indicated Estimated Taxable Tax Market Value(a) Market Value Capacity(b) 1996 $794,443,067 $704,671,000 $13,387,536 1995 730,917,813 648,324,100 12,418,111 1994 668,384,780 592,857,300 11,357,936 1993 649,219,249 536,255,100 10,447,562 1992 617,052,435 544,857,300 9,942,149 (a) Calculated by dividing the county assessor's estimated market value by the sales ratio determined for the City each year by the State Department of Revenue. (b) See Appendix Ill for a discussion of tax capacity and other elements of Minnesota property tax law. Ten of the Largest Taxpayers in the City 1996 Net Taxpayer Type of Property Tax Capacity Northern States Power Co. Utility $ 931,178(a) Rahr Malting Co. Malting Company 914,122 K-Mart Corporation Warehouse and Retail Store 869,719 Cedar Fair Limited Partnership Valley Fair Amusement Park 572,765 Tsumura International Manufacturing 559,145 Opus North Corp. Industrial 309,056 Certain Teed Products Corp. Asphalt Shingles 299,731 Canterbury Park Holding Corp. Racetrack 274,400 AA Property Holdings Industrial 252,008 Anchor Glass Manufacturing 213,192 Total $5,195,316(b) (a) Northern States Power Company's Blue Lake Substation is located on an 80-acre site in the northeast section of the City and houses oil-fueled gas turbine generators, an electrical substation, and fuel storage and maintenance facilities. (b) Represents 38.8% of the City's 1996 taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit Legal Debt Limit (2% of Estimated Market Value) $14,093,420 Less: Outstanding Net Debt Subject to Limit (3,400,000) Legal Debt Margin at March 2, 1997 $10,693,420 General Obligation Debt Supported by Taxes Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 3-2-97 6-1-97 $3,400,000 Fire Station (this Issue) 2-1-2017 $3,400,000 -7 - General Obligation Debt Supported by Taxes and/or Special Assessments Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 3-2-97 12-1-90 1,930,000 Loca Improvements 2-1-2002 $ 985,000 10-1-91 1,725,000 Loca Improvements 2-1-2003 1,025,000 12-1-92 1,665,000 Loca Improvements 2-1-2004 1,090,000 12-1-93 1,400,000 Loca Improvements 2-1-2005 1,110,000 11-1-95 3,180,000 Loca Improvements 2-1-2007 3,085,000 12-1-96 2,555,000 Loca Improvements 2-1-2008 2,555.000 Total $9,850,000 General Obligation Debt Supported by Tax Increments Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 3-2-97 12-1-88 $1,015,000 Tax Increment 2-1-2001 $ 435,000 12-1-92 1,885,000 Tax Increment Refunding 2-1-2001 920,000 7-1-93 2,675,000 Tax Increment Refunding 2-1-2003 2,075,000 12-1-93 1,000,000 Tax Increment Refunding 2-1-1998 265,000 Total $3,695,000 General Obligation Debt Supported by Revenues Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 3-2-97 11-1-95 $1,150,000 Storm Water Revenue 2-1-2006 $1,070,000 Revenue Debt Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 3-2-97 8-24-93 $4,250,000 Utility Improvements 8-1-2005 $4,050,000* This issue was sold by the Shakopee Public Utilities Commission to finance capital improvements, replacements and additions to the electric and water utilities comprising the Shakopee Public Utilities. - 8 - Annual Calendar Year Debt Service Payments Including This Issue G.O. Debt Supported by Taxes Principal Year Principal & Interest(b) 1997 (at 3-2) -- -- 1998 $ 155,000 $ 365,713.35 1999 105,000 279,617.50 2000 110,000 279,670.00 2001 115,000 279,325.00 2002 120,000 278,625.00 2003 130,000 282,435.00 2004 135,000 280,742.50 2005 140,000 278,695.00 2006 145,000 276,283.75 2007 155,000 278,370.00 2008 160,000 274,942.50 2009 170,000 275,947.50 2010 180,000 276,232.50 2011 190,000 275,825.00 2012 200,000 274,757.50 2013 215,000 277,876.25 2014 225,000 275,226.25 2015 235,000 271,942.50 2016 250,000 272,815.00 2017 265.000 272,751.25 Total $3,400,000(a) $5,627,793.35 G.O. Debt Supported G.O. Debt Supported by Taxes and/or Primarily by Special Assessments Tax Increments Principal Principal Year Principal & Interest Principal & Interest 1997 (at 3-2) (Paid) $ 257,250.84 (Paid) $ 88,753.75 1998 $1,150,000 1,599,772.50 $1,080,000 1,233,687.50 1999 1,375,000 1,765,538.75 595,000 710,512.50 2000 1,395,000 1,719,647.50 620,000 705,617.50 2001 1,455,000 1,710,306.25 645,000 698,262.50 2002 1,430,000 1,613,853.75 365,000 392,778.75 2003 980,000 1,104,032.50 390,000 399,555.00 2004 650,000 734,072.50 2005 520,000 575,873.75 2006 385,000 419,178.75 2007 360,000 376,030.00 2008 150,000 153,600.00 Total $9,850,000(c) $12,029,157.09 $3,695,000 $4,229,167.50 (a) 38.5%of this debt will be retired within ten years. (b) Includes the Bonds at an assumed average annual rate of 5.60%. (c) 98.5% of this debt will be retired within ten years. - 9 - Annual Calendar Year Debt Service Payments Including This Issue (Continued) G.O. Debt Supported by Revenues Revenue Debt Principal Principal Year Principal & Interest Principal & Interest 1997 (at 3-2) (Paid) $ 24,390.00 $ 100,000 $ 209,281.25 1998 $ 100,000 146,755.00 100,000 314,462.50 1999 105,000 147,525.00 100,000 310,162.50 2000 105,000 143,062.50 125,000 330,662.50 2001 110,000 143,385.00 125,000 324,787.50 2002 115,000 143,377.50 125,000 318,725.00 2003 125,000 147,915.00 125,000 312,475.00 2004 130,000 146,952.50 150,000 331,100.00 2005 135,000 145,557.50 150,000 323,225.00 2006 145,000 148,625.00 175,000 340,200.00 2007 175,000 330,400.00 2008 175,000 320,600.00 2009 200,000 335,800.00 2010 200,000 324,600.00 2011 200,000 313,400.00 2012 225,000 327,200.00 2013 225,000 314,600.00 2014 250,000 327,000.00 2015 250,000 313,000.00 2016 275,000 324,000.00 2017 300,000 333,600.00 2018 300.000 316.800.00 Total $1,070,000 $1,337,545.00 $4,050,000* $6,996,081.25 31.5% of this debt will be retired within 10 years. Summary of Direct Debt Including This Issue Gross Less: Debt Net Debt Service Funds(a) Direct Debt G.O. Debt Supported by Taxes $ 3,400,000 - 0 - $3,400,000 G.O. Debt Supported by Taxes and/or Special Assessments $9,850,000 $(2,268,748) 7,581,252 G.O. Debt Supported by Tax Increments 3,695,000 (108,681)(b) 3,586,319 G.O. Debt Supported by Revenues 1,070,000 (c) 1,070,000 Revenue Debt 4,050,000 (c) 4,050,000 (a) Debt service funds are as of February 28, 1997 and include money to pay both principal and interest. (b) In addition, $261,260 of tax increment funds are in the City's Trust and Agency Fund. These funds are available, but not dedicated, for debt service. (c) Monies from the City's various utility enterprises are transferred to the debt service fund only as required. A Reserve Fund of $340,200 has been established for the Shakopee Public Utilities Commission's$4,250,000 Public Utilities Revenue Bonds, Series 1993. - 10 - Indirect General Obligation Debt Debt Applicable to 1996 Taxable G.O. Debt Tax Capacity in City Taxing Unit Net Tax Capacity As of 3-2-97(a) Percent Amount Scott County $ 55,318,068 $ 9,605,000 24.2% $ 2,324,410 ISD 720 (Shakopee) 14,888,358 10,565,910 89.9 9,498,753 ISD 191 (Burnsville) 52,979,309 56,110,000 1.1 617,210 Metropolitan Council 2,011,186,977(b) 25,690,000(c) 0.7 179,830 Regional Transit District 1,812,692,235(b) 70,065,000 0.7 490.455 Total $13,110,658 (a) Excludes general obligation tax and aid certificates, general obligation debt supported by revenues and revenue debt. (b) Represents 1995/96 values; 1996/97 values are not yet available. (c) The Metropolitan Council also has outstanding $432,320,000 general obligation sanitary sewer bonds and loans which are paid from system revenues. Debt Ratios* G.O. Net G.O. Indirect& Direct Debt Net Direct Debt To 1996 Indicated Market Value ($794,443,067) 1.83% 3.48% Per Capita (13,752 - 1995 Metropolitan Council Estimate) $1,059 $2,013 Excludes revenue supported debt. CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in ISD 720 1996/97 For 1992/93 1993/94 1994/95 1995/96 Total Debt Only Scott County 45.564% 48.475% 50.217% 46.060% 41.683% 1.570% City of Shakopee 28.162 27.104 25.245 22.458 23.098 0.753 ISD 720 (Shakopee) 61.499 65.540 62.179 64.917 64.174 4.607 Special Districts* 4.782 5.327 6.101 6.380 3.899 0.167 Total 140.007% 146.446% 143.742% 139.815% 132.854% 7.097% * Special districts include the Shakopee EDA, Metropolitan Council, Regional Transit District, Mosquito Control, Regional Railroad Authority and the Lower Minnesota Watershed District. NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacity rate, expressed as a percentage. (See Appendix Ill.) - 11 - Tax Levies and Collections Collected During Collected Gross Net Collection Year As of 6-30-96 Levy/Collect Levy Levy* Amount Percent Amount Percent 1996/97 $3,919,336 $3,476,166 (In Process of Collection) 1995/96 3,217,007 2,785,382 $2,738,008 98.3% $2,738,008 98.3% 1994/95 3,262,510 2,805,961 2,775,864 98.9 2,783,706 99.2 1993/94 3,255,765 2,805,925 2,777,932 99.0 2,793,168 99.5 1992/93 3,114,951 2,697,962 2,555,765 94.7 2,614,766 96.9 * The net levy excludes Homestead and Agricultural Credit Aid('HACA'). The net levy is the basis for computing the tax capacity rates beginning in 1993/94. The gross levy is the basis for computing tax capacity rates in prior years. FUNDS ON HAND As of February 28, 1997 Fund Cash and Investments General $ 4,185,691 Special Revenue 392,955 Debt Service: G.O. Special Assessment 2,268 748 G.O. TIF 108,681 Utility Funds 6,341,460 Capital Projects 3,859,990 Enterprise 8,158,369 Trust and Agency 616,054* Total $25,931,948 * Includes$261,260 of tax increment funds which are available, but not dedicated, for debt service. CITY INVESTMENTS Safety of principal is the foremost objective of the City's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands can not be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. - 12 - As of February 28, 1997, the market value of the City's investments totaled $26,199,090, including treasury securities purchased at a discount and accruing interest. The par value of those securities at maturity totals $27,850,482, including the discounted treasuries. Of the City's total investments, approximately 43.5% of the investments will mature in less than one year (including government mutual funds and money market funds), 48.8% will mature in one to five years, and 7.7% will mature in five to ten years. GENERAL INFORMATION CONCERNING THE CITY Shakopee is located in northeastern Scott County, approximately 25 miles southwest of the City of Minneapolis. Shakopee is the Scott County Seat and is part of the Minneapolis/St. Paul seven-county metropolitan area. The Minnesota River forms the City's northern boundary. The 1980 census population of 9,941 represented a 44.6% increase over the 1970 census count. The 1990 U.S. Census population count for the City is 11,739, an 18% increase since 1980. The City's 1995 population, as estimated by the Metropolitan Council, is 13,752. The City encompasses an area of 29 square miles (18,560 acres). Major Employers in the City Approximate Number Employer Product/Service of Employees Valleyfair Entertainment Center 67-1,200 * Scott County Government 495 K-Mart Corporation Distribution Center 424 Shakopee Valley Printing Newspaper 415 Independent School District 720 Education 390 St. Francis Regional Medical Center Health Care 363 Certain-Teed Corp. Asphalt Shingles Mfg. 300 Anchor Glass Container Corp. Glass Container Mfg. 285 Toro Company Turf Care Products 275 Tsumura International Manufacturing 250 Northstar Auto Auction Automotive 220 Shakopee Friendship Manor Corp. Nursing Home 150 Conklin Company, Inc. Chemicals Mfg. 108 * Higher number indicates seasonal peak. Source: "Shakopee Community Profile" Minnesota Department of Trade and Economic Development, August 1996. Labor Force Data January 1997 January 1996 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate Scott County 41,535 3.7% 40,762 4.1% Minneapolis/St. Paul MSA 1,624,946 3.0 1,595,272 3.4 Minnesota 2,612,059 4.2 2,566,951 4.6 Source: Minnesota Department of Jobs and Training. 1997 data is preliminary. - 13 - City-Issued Building Permits Total Permits New Single Family Homes Number Value Number Value 1997 (to 3-2) 101 $10,887,511 25 $ 3,204,800 1996 694 61;138,601 198 19,733,852 1995 607 55,189,772 159 18,068,018 1994 632 37,717,177 164 17,669,275 1993 575 64,689,664(8) 174 16,668,086 1992 472 29,328,483 151 13,625,485 1991 426 18,513,241 115 9,634,950 1990 381 30,500,706 100 7,488,490 1989 407 61,598,852(b) 94 6,995,265 1988 347 11,769,593 93 7,012,737 1987 345 14,533,490 61 5,749,600 (a) Includes American Can at$6,140,000, Rahr Malting Company at$20,000,000, Woman's Correctional Facility at$8,000,000 and Independent School District 720(Shakopee)at$6,600,000. (b) Includes an addition to the Blue Lake Treatment Plant valued at$45,000,000. Recent Development In the winter of 1996/97 ADC Telecom began construction of a new 282,000 square foot facility which will employ a total of approximately 570 employees. The City's new civic center which includes an ice sheet, two gymnasiums, and wrestling and gymnastics areas has been completed and is now open. St. Francis Regional Medical Center opened a new medical campus on a 60-acre site in the City. The campus includes a facility for ambulatory and hospital services for St. Francis and a new 22,000 square foot clinic adjacent to the hospital. The complex includes an attached long- term care facility. An expansion is currently under construction to add a cancer care wing. Scott County may build a new criminal justice center adjacent to the current courthouse. The old St. Francis facility was razed as part of the plan for the new criminal justice center. The South Highway 169 bypass opened in November 1996. A Comfort Suites motel is currently under construction within the City. In 1996 the City approved 14 new residential plats. Also, the Valley Green 13th addition to the industrial park is under construction. The City currently has two retailcomplexesin the planning stage. The Shakopee Economic Development Authority has demolished the structures in blocks 3 and 4 in downtown Shakopee for redevelopment. Proposed development is for 28,000 square feet of commercial space with 53 market rate residential apartment units on the second and third floors. Shakopee Public Utilities Commission is constructing a third substation to provide for the electrical needs of growth in the City. Financial Institutions Full service banks in the City are Citizens State Bank and Marquette Bank of Shakopee. Branches of the Mankato Family Bank and Norwest Bank, Minnesota, N.A. are also located in the City. - 14 - Health Care Facilities The 40-bed St. Francis Regional Medical Center provides general and acute care facilities and is located in the City. The Center has an active medical staff of 70 physicians and affiliates of approximately 200 physicians. The Center's total full- and part-time employment is approximately 388. Also located in the City is Shakopee Friendship Manor, a 116-bed privately owned nursing home. E Education Most Shakopee residents are part of Independent School District 720 (Shakopee); a very small percentage of City residents are within the boundaries of ISD 191 (Burnsville). Independent School District 720 has a fall 1997 enrollment (kindergarten through grade 12) of approximately 3,200 students, and has approximately 405 employees. The Shakopee Area Catholic School provides parochial education for grades kindergarten through eight. The school has approximately 349 students enrolled. GOVERNMENTAL ORGANIZATION AND SERVICES Organization Shakopee was incorporated as a City in 1870 and became a statutory city in April, 1975, having previously been governed under a home rule charter. The City has a mayor-council form of government, with the Mayor elected to a two-year term of office and the four Council members elected to overlapping four-year terms. The present Mayor and Council members are as shown below: Expiration of Term Jeff Henderson Mayor December 31, 1997 Robert Sweeney Council Member December 31, 1997 Cletus Link Council Member December 31, 1999 Burl Zorn Council Member December 31, 1997 Jane DuBois Council Member December 31, 1999 The City's chief administrative officer is the City Administrator who is appointed by the Council. Mr. Mark McNeill was appointed City Administrator by the City Council in July of 1996, prior to his current position, Mr. McNeill was City Administrator with Mason City, Iowa for two years and Savage, Minnesota for ten years. Mr. McNeill holds a Bachelor of Arts degree in Political Science and a Master's degree in Public Affairs. Mr. Gregg M. Voxland, the City's Finance Director/Treasurer, has been with the City since 1978. Mr. Voxland previously worked for the City of Anoka, Minnesota for three years. Mr. Voxland holds a Bachelor of Arts degree in business and accounting. Ms. Judith S. Cox is the City Clerk. The City has 71 full-time and 50 part-time employees. - 15 - Services Police and fire protection for the City is provided by the Police Department, comprised of 21 full- time officers, and a volunteer Fire Department, comprised of 41 members. The City has a class 5 rating for insurance purposes. Municipal water and sewer services are provided for all developed areas of the City. Water is supplied by eight wells and stored in a two million gallon standpipe, a 1.5 million-gallon elevated tank, and a 250,000-gallon elevated tank. The water system has a pumping capacity of 6,487 gallons per minute; average demand is estimated to be 2.4 million gallons per day, while peak demand reaches 6.0 million gallons per day. The water system is designed to handle major extensions in the future. The Shakopee Public Utilities Commission is responsible for the management and maintenance of the municipal water system and electrical distribution system. The electric system purchases power from Minnesota Municipal Power Agency (MMPA) and has 6,319 metered customers. The Commission is comprised of three members appointed by the City Council to three-year terms. The Commission makes an annual contribution in lieu of taxes to the City in the amount of 23.77% of gross margin, or$240,384 (a limit established by ordinance), whichever is greater. Effective January 1, 1991, the Shakopee Public Utilities Commission purchased all the facilities located within the City of Shakopee which were owned and operated by the Minnesota Valley Electrical Cooperative. The Commission is financing its long-range program of capital improvements, replacements and additions to the electric and water utilities comprising the Shakopee Public Utilities with the issuance of $4,250,000 Shakopee Public Utilities Revenue Bonds, Series 1993, dated August 24, 1993, as well as from utilities revenues. Interceptor sewer lines and wastewater treatment plants in the seven-county metropolitan area are under the jurisdiction of the Metropolitan Council's Environmental Services ("MCES"). MCES finances its operations through user charges based on volume. MCES's Blue Lake Treatment Plant is located in the City and has undergone a major expansion. Employee Pensions All full-time and certain part-time employees of the City of Shakopee are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employers Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF) which are cost-sharing multiple-employer retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers who qualify for membership by statute are covered by the PEPFF. The City's contribution for employees covered by PERA for the year ended December 31, 1996 was $226,032. The City contributes to the Shakopee Fire Department Relief Association, a single-employer public employee retirement system that acts as a common investment and administrator for the City's volunteer fire fighters. Contributions to the relief association in 1996 consisted of$42,385 from the City and $52,260 from State aids. - 16 - APPENDIX I PROPOSED FORM OF LEGAL OPINIONS DORSEY & WHITNEY LLP MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS,MINNESOTA 55402-1498 SEATTLE BRUSSELS TELEPHONE: (612) 340-2600 FARGO HONG KONG FAX: (612) 340-2868 BILLINGS DES MOINES MISSOULA ROCHESTER COSTA MESA GREAT FALLS $3,400,000 General Obligation Building Bonds, Series 1997A City of Shakopee, Scott County,Minnesota As Bond Counsel in connection with the authorization, issuance and sale by the City of Shakopee, Scott County, Minnesota (the City), of the obligations described above, dated as originally issued as of June 1, 1997 (the Bonds), we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds. As to questions of fact material to our opinion we have assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits and certificates, and upon the basis of existing law, it is our opinion that: 1. The Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent the enforceability thereof may be limited by the exercise of judicial discretion or by the application of state or federal laws relating to bankruptcy, reorganization, moratorium or creditors' rights. 2. The principal of and interest on the Bonds are payable primarily from ad valorem taxes levied on all taxable property in the City; but if necessary for payment thereof additional ad valorem taxes are required by law to be levied on all such property, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Bonds (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts; and (d) is includable adjusted current earnings of corporations in !-1 DORSEY & WHITNEY LLP $3,400,000 General Obligation City of Shakopee, Building Bonds, Series 1997A Scott County, Minnesota -2- determining alternative taxable income for purposes of federal and Minnesota alternative minimum taxes. 4. The City has designated the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, and financial institutions described in Section 265(b)(5) of the Code may treat the Bonds for purposes of Sections 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on August 7, 1986. 5. The opinions expressed in paragraphs 3 and 4 above are subject to the condition of the City's compliance with all requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon may be, and continue to be, excluded from gross income for federal income tax purposes. The City has covenanted to comply with these continuing requirements. Its failure to do so could result in the inclusion of interest on the Bonds in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal or state tax consequences to holders of the Bonds. We have not been asked, and have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Bonds, and we express no opinion with respect thereto. Dated: June , 1997. 1-2 APPENDIX II CONTINUING DISCLOSURE UNDERTAKING Section 8. Official Statement; Continuing Disclosure. 8.01 Official Statement. The Official Statement relating to the Bonds dated April _, 1997, and the Official Statement Addendum dated May , 1997 (together the "Official Statement"), is a final official statement within the meaning of Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12 ("Rule 15c2-12"). The initial purchasers of the Bonds designated in Section 1 hereof (the "Initial Purchasers") are authorized and directed to distribute the Official Statement to all persons to whom the bonds are reoffered. 8.02 Continuing Disclosure. (a) General Undertaking. The City covenants and agrees with the Owners from time to time of the Bonds to comply with Rule 15c2-12, paragraph (b)(5) (as in effect and interpreted from time to time, "Rule 15c2-12"); and, for this purpose, to provide to nationally recognized municipal securities information repositories and any Minnesota state information depository, annual financial information of the type included in the Official Statement, including audited financial statements, and notice of the occurrence of certain specified events which materially affect the terms, payment, security, rating or tax status of the Bonds, as set forth in this Section. The City is the only "obligated person" in respect of the Bonds within the meaning of Rule 15c2-12. As used in this Section 8.02, "Owner" or "Bondowner" means, in respect of a Bond, the Registered Owner or Owners thereof appearing in the Bond Register maintained by the Registrar or any Beneficial Owner thereof, if such owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used in this Section 8.02, "Beneficial Owner" means, in respect of a Bond, any person or entity which has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or is treated as the owner of the Bond for federal income tax purposes. (b) Information to Be Disclosed. The City will provide, in the manner set forth in paragraph (c) hereof, either directly or indirectly through an agent designated by the City Council, the following information (the Disclosure Information) at the following times: (1) Within one year after the end of each fiscal year, commencing with the fiscal year ending December 31, 1997 (each a Reporting Date): (A) the general purpose financial statements of the City for the fiscal year ending on the previous December 31, prepared in accordance with generally accepted accounting principles for governmental entities as prescribed by the Government II-1 Accounting Standards Board as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles, noting the variances therefrom and the effect thereof, together with an independent auditor's report and opinion thereon; provided, however, that if audited financial statements are not available by such date, the financial statements to be delivered shall be unaudited, but the City undertakes and agrees to provide, within 10 days after the receipt thereof by the City, audited general purpose financial statements of the City for such fiscal year and the audit report and opinion of an independent auditor relating thereto; and (B) to the extent not included in the financial statements referred to in clause (A) hereof, the information for such fiscal year of the type contained in the Official Statement under the following headings or subheadings: Most Recent Population Estimate; City Property Values; City Indebtedness; City Tax Rates, Levies and Collections; and Current General Fund Budget. Any or all of the information may be incorporated by reference from other documents, including official statements, which have been submitted to each of the repositories referred to under this paragraph (b) or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. I 1-2 If the Disclosure Information is changed or this Section 8.02 is amended as permitted by this Resolution, then the City is to include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operation data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax- exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the information required under subparagraph (1) 11-3 of this paragraph (b) at the time specified thereunder; (B) the amendment or supplementing of this Section 8.02 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 8.02 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the information required under subparagraph (1) of this paragraph (b) are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in paragraph (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in subparagraph (1) of paragraph (b), to each then nationally recognized municipal securities information repository under Rule 15c2-12 and to any State information depository then designated or operated by the State of Minnesota as contemplated by Rule 15c2-12 (the State Depository), if any; (2) the information described in subparagraphs (2) and (3) of paragraph (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in paragraph (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of any bondholder, to any bondholder who requests in writing such information at the time of transmission under subparagraphs (1) or (2) of this paragraph (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. 11-4 (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 8.02 shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 8.02 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of bond counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 8.02 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule 15c2-12 or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 8.02 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in subparagraph (3) of paragraph (c)) or the consent of the Owners of any Bonds, by resolution of the City Council accompanied by an opinion of bond counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (A) such amendment or supplement (i) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the type of operations conducted by the City, or (ii) is required by, or better complies with, the provisions of paragraph (b)(5) of Rule 15c2-12; (B) this Section 8.02 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of Rule 15c2-12 at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that Rule 15c2-12 is in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (C) such amendment or supplement does not materially impair the interests of the Owners under Rule 15c2-12. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 8.02 is entered into to comply with the continuing disclosure provisions of Rule 15c2-12 and should be construed so as to satisfy the requirements of Rule 15c2-12. (e) Failure to Comply; Remedies. If the City fails to comply with any provision of this Section 8.02 any person aggrieved thereby, including the Owner of any outstanding Bond, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 8.02. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a 11-5 default under this Section 8.02 constitute a default with respect to the Bonds or under any other provision of this Resolution. (f) Further Limitation of Liability of City. If and to the extent the limitations of liability contained in subsection (e) are not effective, anything contained in this Section 8.02 to the contrary notwithstanding, in making the agreements, provisions and covenants set forth in this Section 8.02, the City has not obligated itself except with respect to the specific pledge for payment of the Bonds. None of the agreements or obligations of the City contained herein shall be construed to constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions whatsoever or constitute a pledge of the full faith and credit or taxing powers of the City. I I-6 APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions effective through 1996 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota in reference thereto. This summary reflects changes to Minnesota property tax laws enacted by the State Legislature during the 1996 Regular Session. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value Each parcel of real property subject to taxation must, by statute, be appraised at least once every four years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases Effective for assessment years 1993 through 1997, the amount of increase in market value for all property classified as agricultural homestead and non-homestead, residential homestead and non-homestead, or non-commercial seasonable recreational residential, which is entered by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the preceding year's market value or (ii) 1/3 of the difference between the current assessment and the preceding assessment. Indicated Market Value Because the Estimated Market Value as determined by an assessor may not represent the price of real property in the marketplace, the "Indicated Market Value" is generally regarded as more representative of full value. The Indicated Market Value is determined by dividing the Estimated Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The sales ratio represents the overall relationship between the Estimated Market Value of property within the taxing unit and actual selling price. Net Tax Capacity The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Estimated Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Estimated Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, expressed as a percentage. Property Tax Payments and Delinquencies (Chapters 276, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. III-1 The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty which, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property owned by a tax-exempt entity, but which is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city- 20%; and school district -40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid. Levy Limitations Historically, the ability of local governments in Minnesota to levy property taxes was controlled by various statutory limitations. These limitations have expired for taxes payable in 1993 and future years, but may be reinstated in the future. Under prior law the limitations generally did not affect debt service levies. For county governments, cities of 2,500 population or more, and smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness, unfunded accrued pension liability, social service programs and the residual income maintenance program for which the county share of costs has not been taken over by the State. III-2 Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues which are applicable within the current fiscal year to the payment of any debt and the aggregation of the principal of the following: 1. Obligations issued for improvements which are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Debt service funds for the payment of principal and interest on obligations other than those described above. 10. Certain obligations to pay pension fund liabilities. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality which issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- wide tax base shall be distributed back to each assessment district. 111-3 o c > C) o 0 p o m o 0 c o `o O0 N W 70 O U = 00 0 a - co �v•0 ,0 �^ NO .0 y O� 0 CO po Oo O Cif O NO 'V) N 0 CL �� -i,-3 ° ° � �c �2o o t �o 269 0Ca 30 O w 'C C° > U a) =W m 69 m E9 S O w W e'. y N U O o a� N o 0 p N X o 01 - c6 W'— N 0 p° y `,2 y q'_ 0• 0 C O O �6 0 h M .y a U io F 0 N y 3 O a N m a 0 U U y@ y M O 0 N 0 N C = O 15 N 0:6: XOo 00 X0 0CO co `° X `° X `) pcVC o 0U CpX m co O N N N O N a0 N a) a) _.O-O N O N L O C O p X••••?, E N N ._ y U Z fA C N o 0 N fA l` C j 0 'C 69.M.. C M c 0 `)G c0 0 C co 0 C 0 a) co L j w2 oo m >o0. E--,,, 2> (2>&) ca — v 0`>CV E > E 2 co ILW co cvjso O 0 WLN o�4=2=2M 2'2 O 2g m o 11W a6 O <=2 a I. W W W W Li W Z U Z Q o O co o C > CO 0 _�O y a)0 0 U O O 'a O p N O N CD _ p a c�O IX a a6N .0 N t� O O p�0O0 O L a60 N� .N N 0 OQ 0 C = > N` f9 C >`W O fR w,fA O fn6 L O c N N co w 0 O cU6 p CO N,,..,a6.._ O w cn N o 0 W W O 0 O co O LU N 0 O.O )/) ° O) O r 0 0 a O a 0 Of M y a V X o �; a 7 O a co W `O O U N U N O a)M O O N O N N a t 0 (-5 E"' O X\ U O\ O C U N a 0 co U co V U, 7 N a 0 N O X c6 O O 13 Q > N O 0 aX) O.0 N a) 0 co 0,-p N N V L 13 o 0 X o E N N o U C N C U Q 0. Z rs�CfV c ON EA W C 33-jp ��� CM C O �O o�0 •0 O Cc0 O0�Cco • N U c co _03 CO V y O O o N N 0 L N `.e_> N> > O> Nr H> y N E >L 7 a IiW M li W d'IL�W=W WSW O u_W O Ztiw NU Z. O.O Q ~ 0 o 06 o O C) O O a ZZ p ,0 0 O 0 0 a a p N p y O 3 p U C.O o 0 = M p O DO f6CI °cam o m o�uj 000 m m0 a60 N p) ` oc-) p° � c ;2o' m r 2 2 I NW Q n 2� � ° mfA. 69 o w� w o o aQ > ) UW o 0.6 w13.-IP m o o m.0 V vNa00oco °.- 0a a D O O m MJ C LxO N wNaOp ywaM0 N CD y 'i OV a C 0W t6 0 0 uco ` s � � 080NX mf° o~ oco � � H �Na 2Wiii 75 > X� CD 0 ° O X O X OO = O X o E N N o.CD y CG = Z J NCN OO N yo 0 C C HM c M C O •C 13 o0p d .p O N O _ CCo E c p 0 Lo c6 L O U 0 3 OO.j J CV oo EA ca p O 'O _. . U _ 'v U N>N E m t )Q V >cO LO > p 0 Ey > A>N > O> a-2 0LWo > `2 ov 0 . 2Lcv N 'cgw2M 2,-2 iam QO ao>� iw w �� w w w LU iiw z v z� 0 MI re = Ya co o IX o = > 0 0 0 o o _c 0 0 Q Q O O 7 0 0 U o 0 0 a ch 0 N O F- aa. w �0 • 00 00 0 C 5 0 m0 y 0 a6CV- L o ,n o CO .0 m a) c N'- >� O. N >O >n 7'C r W0 cor• >� ° m �c >,2or OS L 2o 2fa U p O �. w O > U as w 69 a m EA a6...c0 w w O N N N Q U 2 O O N w p p COO 1-- N a 0 W N 0o a D O , O CO Ce) y d V O p • U) o a 01 0 `O U H m ur 0 N M cc6 O y 'U O co (gy p} N a c 0 ~ > p o C C U O a 0 co o co V O) j N a 0 N O Xc6 O O Ci) N > N O O N a) XN 0 C)i O N Na X a) O 0 o O X c E N N — H.r U LU Z P C O n 0 N\ (Si N U L O O_ N co E N. c o ` C N C = N- N c to ;II C Hop =.0 y C M C O 4- 0) `)C N C Co 0 .-O N U L O co > O i 0 > O O E O)> V1>N > > • Q V r>N E O L` C 0 LLw @ °) �LN N =�w�<) ���N ig o gLLw CO E Q .9 0. Z It W ti W LU W LU tial Z U0 Z Q a o O (n c o 0 Ce -' o • o e CD y \ o LU O a)p V O \oQ0 ccn0 C 0 O a .0 30 O a6 OO a60 'a6 a U M 0 NO ..N-.. • co 0 O Q a60 .0 "O nj O 112 iii. O N` co a60 1-5.0 y N co U N a9 O) U N U N N O >N 0 0) _ V Q H O m 02 a) m m a3 2 as 0 t >O U 3 0 (� w 0 > f°6 O N > O N�' O N c0 0 ° w w'61 00 `) N N X O df W.- O M W O M O O e2_ coca o a D O :(7102. O m M !!)L V O) N N N N O C 0) a co O yyU O-p M p O M a) 0y) M a))n O O y '`O N a C 0 ~ X-4: 0 c 0 > Op 0 > U o 0 >> 3 N C o O c O au: X o— co O r0. Z J n N 0 N O Cl) N M co co O 0 0) N L O C O 0 N o E n C O ` C N c U N c Eft m fA 11.3 NCO N p s C Co 0 C On E fH.-CV Q) 0 L O .- 15>N o H m X X XXX>N X X >8 8 O>r' fA>� U 1-4> E >L ` _ iiw � co wW ZWEW a6Ww 2�g m a�2 m otiw o Q= no W LU LI-W Z U Z Q a a O O a) N a N as co E aa) a) R C co 0 co 0 c c E a) • N = O) = N ° • = Z= E 0 C N I Z U N N— O a6 O 2 l6 f6 a..f6 C C 3 ` C • N N E .-, N co co co 'O a 0 U 3 c a E O - c Q Q U u)) 11 > APPENDIX IV SELECTED ANNUAL FINANCIAL STATEMENTS The City is audited annually by an independent certified public accounting firm. Data on the following pages was extracted from the audited financial statements for fiscal years ending December 31, 1995, 1994 and 1993. The City's financial statements are prepared in accordance with generally accepted accounting principles for governmental entities as prescribed by the Governmental Accounting Standards Board. For all years presented, the modified accrual basis of accounting is used for governmental fund types; the accrual basis is used for proprietary funds. The reader should be aware that the complete audits may contain additional information which may interpret, explain or modify the data presented here. The City's comprehensive annual financial reports for the years ended 1984 through 1995 were awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City has submitted its CAFR for the 1996 fiscal year to GFOA. IV-1 �Q FAn2 0,^amN A2/ /2g2n 71 ggg 2g g J gAgg i''''im 1 Evi' N N N � w C- O!es 0i -es-c In to o w t`i an ai A -vi V N N N CTo J N I- p _ pp 8p� qp 88 (ppb 8 fpS 8^mpN E31yN�+ NO Olpp�f ymO� p1")�;ci APO A..if, gg of aO g'i 0D0g 11 O qO OI'f�NN1�N :^ 2' WI° ID R A P Ol I IOC A ,qI 8 O G IR 6 Z- IC-7 ION .-N N- In� ::: "'N O y10f0 Nm I`.N- gr.; OO 17O1N��l�!A fV 1N lV Ars'IC OiIn- mN .0 ?O IVA s N N (OO�N co g€m /// e J f W Y C� m h- O N N N C N J O p� < 4,3t� f2�5 75 Qp Q ULLa O 25 m m t0 tD N M f(pp ��pp N A� C � tD tD (D � fD m 1 V O a ,, O V N ILL ti M Ni N N N M E.E �W O (-:.1 - (� • a+ N QN iA N._ - OAl O 01 s - O • O O O N - N r LLLL = V aciciaD l��p . n O f-No w ppN� O 0�q _ O O O _ 6 pp� �8 .N 0a 'o er-_ A"NO q N I� ANew - N "g O O to, (`/ 11`�l 1O ? 1� I� to `� f0 m 1? �' O N N N N I� �pj (4�ap I�ONp N n N(7 f0 0 ' 1'/ O 0 N ;� -R EA2 S e: h Id - N P `17 ID N N M Y !� N y.X IC - qp ppb �^y z =I' Iq tq fD r ti . In 8 8 n ri s NV fO v 4 Ft ID LL LL N � 4� NN hW° t -222 a vSr m17N m A / * M TO I'• S N ^2- N g N - - z 0 O- 0 R R Q ZU^ N uJ M M aaZW 55��_ YoaW §4- E S S a' 8 a / 01c' " ^ v Iii 4-`t$N m N 17 l7 _U,00 j N N N U ILL N J ;'t �Ea m a v E c " N '" Ycq Loc g, 013 c o a n c .? oa.w� N g, c ;il82 go E-o ,0 c E DIEF .`u a' aS3a$ w a c g¢a ' 0 = 0 ;Min c N S- 2 <°-( . o Yq 3 v N _ o? .2y a e pp t U ILn iI11JI1J11EIIIa i �1 LL w Ec iII1ilHJiJJIi1 aNL°.. ' u `�' q.Q 3zasY+OQtc .YEN NjSLLc € 17IaJ7 _a - tpM aUE¢ ¢aaru, oo-oaaa a a Wa 0000ma�» rq c �� LL - a I I- I- � F LL IV-2 i Eis aj EE wln1°'.1_tE, ES afin3 i�Sof ZS 2S 1 2 n8 ZSrm �a m i 2E8 .n r n gg =v N= 8 N ►nID h A^ = �^ N- NQf 8 E . $g N N N ri " 'SRR$ �RaEfi _OR ^. 1$ §UU m x f r ^ f_ ca.- A " $ gQ$ $ 3 aZ_.ti aiwaiA1�t .:,64.Noo u § 34:1ro1:s ns �� 8nu1_ a2S idh o iS a0 f NssO hf �N� N N �p1S �nf'N 100 Nh YI O4.- - m 8 N N N N n ,r... .. p1 N N N N mo f EE 8 f PO a ry f r ap O O aD J N O » » a LL N N M M » qq R i sr 8 R o r i n n 8c N f f fso g ' LL LL N N » !p1 1(f n p $ n M ' r A r Zw H .- .- N N » N r '7*[Opp (q� �p 8 �f a 7 S ��lfffpfff O ,,,..§3 N mapp ` O OI INI'i_G ' f O• O -¢ Ip�Ih �O!1p .43.- .� a*pD m W I. IO�Ay�ff h r Lrs O n ��17(NV If`I lnf/n A W f Z N :22--8 .. O --Yf O f n m r h m n �n n n Wf ry g 1M.1 » N N » yp1 n. �(pf r b m }}}��� ry h fO O ...0..- II O O ID O p�� f N IL N 4Y ri 10 Ol m aD n _ O g - +SL � N N f44 N , O - 1- d a. r r O LL ^ 4 N N N pS ynN ;11 Op n On aD 0 O pN 10 I A A § n mi L a0 0 O o O M S'G 00 r fp r _ LLLZJII C� f 1.- 0. .. Ip N 1 01 m r • O N C N N » a. - • 8 • pp1 O W ° 13 f 0,.^ _ A , O f Z N 8 C7 0R n N i V U n » » O Q n W ] < K Q i O 0 m $5{ $o aTA aiO� F§ _ E g 2 W W W OOp 1n N.- O fP 1 . Or tr O N4 z 0. U O n f g g N r § -N N N N O t » U Z N N U 31 tell 42 s dm $ g o N Y ei 341111 gI f % I at3i I O gb as- isn 1H1111 3i111'01EIEt iliggyiV4I = » !Wn ~ (1 ! 1ClJ LL 2 ' J Jr 1- r IV-3 hY. V 0AMNJ 4SNYpMVypI A '.N.Ap P PJSNOA 0 0O N M01N eNA Npp . i 0 q pPN ON NV rx pONPJ .4p BVOO2i.O M 2 .z.,.-a, p >^ CN NNNN- .....N OO MM - eNO O(.N P �.O N -- ON.* Nwpi.01.- p ^ C PIM - - A .. .O^ N - -PI.O .00 h O^ ..P -.O.n. 0 p C M N MN ' O M M Y v M p H NN ..1.pO SM. ,R,.= OR ,t.-, MOA•O.OJN2 00 N JN 8**0 ^'OM '� A ■■YeppQ .62� O.OPNP PP.MPI yNN1 vvp.PI M. VSO{ V �M•SO., M SO 0 m, 00N JAN .O J gii _- SP MYVINN"' OIINNN. A 4.q N JN..I--PVOA .ZA O AR Ar;:: P2?.Y+ ' N ON .PI PI ry P� p N -MO N I.^ N .A �O NPJ. a 0 O J O M IY M mmM L AV S -Op RR o O u LAM .Ip -/ OG v Y ' $ Is r nn r ^a J A Y P^ r.' M M M N M All O A A I. A A LE• A A A A A a u x i t r� N L O O LT: S A O M n r n n u M ^ M a ^ 0 i v L � y~� � � O m ^ M • {c� O PI V d A ii YM v v r N O „ 5,: 1. 0 N PPI n h n -- N O' MCO Y 0 a. N ty ;pp, .� .pO `Qo . •• -` MyO1 O•o A0 ANN.pp Y'1- .NO `O .n ... O J 00M N NO W W O 6 :O M-On N•�INONN p M O OOA v N °72 ^ N _ = Mp� VF . V MMN NN�MPI V• 0 N .�JN p .Pj = W ^ G IC PIN 8M .- My M N .O P. "0 N N Y t M N • M W Z Q` Pal 8 i C W • PI O Op M PI P E: M W_ p W Yp •• M A O P ^ P H W 4E V PI^ O a v0.- m J ON .� P a O '1=3 0 y y ..... 4* C N J J v 8 .O.pp M u § MM - M M ^ N V J M a u e�p N N O O N a J Y At O % AlN N P M V � N Fi> yO. A J A 7 co X v P T. = .O OAO 5. N J ta. N•O N Z. M N 0 0 M M M ~ M a ppP .PI .-NO pO v yrP P ' 0 N J a > yy}> •O ..N^ .O .O O J r - P O ^ :1,-,1 N P1 V w Q C� N M M PI • M Al M • Al Al M a P V V N O E M 4 n O O O R: oC• PA V-- NPO O RI N V 0 0 N Y Y Al ''0r nn .p vv. A P v0. u0. .0..• N d M M • ^ N 0m r N ti 2 • i * O 234:2 u t i l`•YE• I V •• O .I -m C>YYr ill Y 01YC Vi QE O .2 W W • ••>�■C• �p >`� O um V CCE O ••0 i •r>..... tL WOY: 6 .� 06T Vi. • : C • =�U`WU NO.J 2 i'E O :•H>-V >••L_L .1,"....,... N 7.n.U >>Y W m C CyEy .. Y4-0 ' . .:; . ".2 . . E yL' . . .C '0 +U 2 `'-22E=�Vt00O»< >•O •• .toff." •</Y >C<-°'EE�4EEE> < E 4 W 4 •V >■■EE •>.•t.r = r Y• ..O O 7,N V I =1-027.. .t: J 7`>N >Y ; i2 `_„... 55 Y[r;ObGC<r_ COOO�-OrO>C I. r 4' C•YYYO44141I C W •+•."..O, Sows y y WYY WYY Y Y 21!,- V Y- < m �_2. r r Y papG c O-V J 0-o!,_;.. .2 Y!C,•.. C Lorn W V C .O Yf •• Y U r N u O C¢7 7 C e u l" •% < L. G 4 J W 0.-O a O C 3 C W O W¢¢7 ¢¢¢O m •'2 < •IJ-¢ ¢«.H 00.-00.e u. N< 0 0 0 0 0<"IA r 15 ¢ IV-4 CITY OF SHAKOPEE, MINNESOTA COMBINED STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED DECEMBER 31, 1995 Governmental Fund Types Total Special Debt Capital (Memorandum Only) General Revenue Service Projects 1995 1994 Revenues Taxes $ 2.950,583 $ 95,410 $ 940,029 $, 2,554,923 $ 6,540,945 $ 9,355,332 Special Assessments 1,746,342 170,714 1,917,056 1,328,208 589,104 114,990 704,094 455,692 Licenses And Permits 458,328 1,532,444 Intergovernmental 779,276 313,528 7.163 358,361 1, 839,49 Charges For Services 935,196 63,322 998,5181 88,5 39,4 1 4 Fines And Forfeits 80,083 1,364,914 Miscellaneous 323,187 29,985 346,608 599,983 1,299,763 Total Revenues 5,657,429 502,245 3,040,142 3,798,971- 12,998,787 14,935,887 Expenditures Current 1,531,652 1,442,515 General Government 1,451,119 80,533 890 Public Safety 2,050,871 1,282 _ 2,052,153 2.389, 1,365,048 Public Works 1,123,556 371,446 1,495,002,584 641,707 Recreation 610,584 610 10 780 41,707 33 Capital OutlayMiscellaneous 33,780 10,609,720 3,082,228 Debt Service 5965 000 5,965,000 2,860.000 P 750,728 1,172,115 1,922,843 1,025,462 Inttnciserestt And Other Charges 5,269,910 453,261 6,715,728 11,781,835 24,220,734 12,836,000 Total Expenditures Excess(Deficiency)Of Revenues Over 387,519 48,984 (3,675,586) (7.982.864) (11,221,947) 2,099,887 Expenditures Other Financing Sources(Uses) 759,490 96,971 856,461 1,757,226 Operating Transfers OutIn (96,971) (1,092,296) OperatingProceeds Transferso (96,971) 10653 3,148,200 3,158,853 ale Of Of opBorrowing 342 1,180,850 1,181,192 126.083 Sale Of Property ---- Total Other Financing Sources(Uses) 662,861 107,624 4,329.050 5,099.535 791,013 Excess(Deficiency)Of Revenues&Other Financing Sources Over Expenditures 48,984 (3 567182) (3,653,814) (6,122 412) 2.890.900 &Other Financing Uses - 1.050,380 2,227,747 301,420 9,204,653 7.156,501 18,890,321 17,785,324 R d Balance January1 (715,382) 410,617 (304,765) (1,785,903) Ressidual Equity Trans Fund Balance December 31 $ 3,278,127 $ 350,404< $ 4,921,309 $ 3,913,304 $ 12,463,144 $ 18,890,321 1V-5 CITY OF SHAKOPEE,MINNESOTA - COMBINED STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED DECEMBER 31,1994 Governmental Fund Types Special DebtTotal. General Revenue Capital (Memorandum Only) Service Projects 1994 1993 Revenues Taxes $ 2,951,832 $ 26,579 $ 1,194,668 $ 5,182,253 S 9,355,332 $ 3,808,567 Special Assessments 797.057 531.151 1,328,206 Licenses And Permits 410,992 520,527 07,E 455,692 520,527 Intergovernmental 831.073 294,199 Charges For Services407,172 1,532,4442,342,370 781,002 58,489839,491 1,342,370 Fines And Forfeits 64,914 63,773 Miscellaneous 199,290 120,656 781375 258.485 1,359,8806 1,706.190 Total Revenues 5.239.103 499,923 2,773.100 6423.761 14,935.887 _11.225.039 Expenditures Current General Government 1,291;772 150,743 Public Safety 2,389,753 1,442,515 1,251,830 137 2,389,890 1,600,013 Public Works 1,017,678 347,370 Recreation 641,707 1•�,7 2,635,0 7 Miscellaneous 29,150 62 ,150 640,040 Capital Outlay 29,150 40,040 Debt Service 9.082,228 3,082 228 5,419.249 Principal 2,860,000 Interest And Other Charges 2,860,000 1,365,000 1.025.462 1.025.462 975.400 Total Expenditures 5,370.060 498.250 3,885.462 3,082,228 12.836,000 13.305.624 Excess(Deficiency)Of Revenues Over Expenditures (130,957) 1,673 (1,112,362) 3,341,533 2,099.887 (2,080,585) Other Financing Sources(Uses) Operating Transfers In 1,033,499 378,733 335,341 9,653 1,757,226 1,999,299 Operating Transfers Out (242,654) (747,302 Proceeds Of Borrowing ) (102,340) (1,092.296) (1,034,031) Payment to Escrow Agent (980,261 Sale Of Property 2.059 124,024 (915,05 ) 126,083 15.0566 Total Other Financing Sources(Uses) 792,904 (244,545) 335,341 (92,687) 791.013 4,617,135 Excess(Deficiency)Of Revenues&Other Financing Sources Over Expenditures& Other Financing Uses 661,947 (242,872) (777,021) 3,248,846 2,890,900 2,536,550 Fund Balance January 1 1,565,800 2,330.195 9,504,410 4,384,919 17,785,324 15.248,774 Residual Equity Transfers (1,785,903) 477,264 (477,264) (1,785,903) Fund Balance December 31 $ 2,227,747S 301,420 S 9.204,653 $ 7,156.501� S 18_ 890,321 S 177 7_854 IV-6 11 CO.O JO A 0J /ON IA OI�r�INA P P 0' '0 03 A .1 O.O.O N0 J O N M N N N A 0 0� .O A II ▪ NMJO•tN COII •••UN 0M M J A N PA J 0 11 ANO . N C. • 0•0 0 IA 0 CO II pNp.. • IA N N•O In 03'OF- N N 0'to M.t M1.Mt N Al mO N O AMN J 0 P IA N II _ 11 >P A.O PA•O A N N-N CO M II J PMJO N 0 N0O OO In N NP 0 II M J N i 11 6� M -.- - O �r� N O v v N 11 N _ J 11 0II O O J 0..p.CP POI N VO+ A N II ▪ U. AAAY'10M0' P M�.A<v 00 N aO P PP IA A M II p 'OMN AARP M 00000N OJ .O N N ONO 11 y E NNNMMA O A .0 CO 1n 11 MO P N O P N N N O O J O N _ M J CO 11 U pp ONOONM0 IA CONM O� A It Z vP ONNNJ.00 NO�MJ�' 02 1.• O JOv .p In N 11 N N.O O••0 J M P M 0 4. ft < OPN O M A N N '.N •t Al IA A I QM N� r�N N 4, v •e N 11 COI N 0 z 7 P. _ II 2 P ^ O N J F- JP P I11 01DNO Pin IA 01 t ti P A v'O uN II J N N it-- J O N P 11 N 0 MMNM O •O Al W M 0: CO CO 0 < AlO CO II 2 ✓ Y mi iD IA N M{n N ' A in Y.1 lin IA M N N M II <S. 0 0 MN 1� �t .3 N• • v N J II II < U.1 N • L) �' r N N v N 11 t 0. 0. a In W < I- OC M z W Z Ill▪ W 2 CO X i•. i•. U W 0�' N 0 0P 00 IIXS O X j r U m AP N N N 00 O N 10 02 AAl J II tL r -I O 8. ✓ U N O J O 0 O J J 'O A .tst O •O M P CO J 11 0. 2 H 0 r 0 ` CP CP N O IA UN Ps P J .NO A . O Pn N •O0 0 N My IA II 11 0 II W M P M it- Y 0. W 0 Al A A O M M1 M •O12 II = W 2 W 1 N N v N M N 11 N W OC W N N 2. W 0 7 t2 Y 41 _ II • W J W C A N 1Jr�O_ O �O 1� N II UN U W < 0 '0 N.O CO CO CO M J NM P M A J li OG 0 L 111 4 2 .O Mp N N A - - O A O O` P 0 M 11 > Y > N .O.O CO N M CO ^ �O N �.II 0 G Z Y N J N 11 _ N K • X M ' W r < i. U - 0 II N 1+t..tt N 0 • 0 II O A NNPA O�O PA .T 0Ifl A� COP vA `rCP 0 `O 0 N CO II y� pp.. N.OOO N P A N . M 11 - 0 A O NOAP N A O,N M PII L AMO J pp.tIO ''0 X00 N = CON 'O 11 CO OOA.OM M O•PPMJ M N� v O A N II I y .O JAN N N an.4:)..0 . 11 II IQ V N - IA ,r- N v N 11 M L XI Al .0 0 L i. ✓ d d L > 0 M./...O v H 1A 2 Y In T. C E. CI C d N 0 > O OJ X L >W N t ...• C 7 C 0 O: L L 40 AI M CI U < 0..C. 01 Y Ii) d 011 M 0. 'I- > N a.0+ Y C4 Y ` 0 I- CC 2< C 00 41 0 I- 0 2 C 41 ✓•E ' N C L 17.. 7 Y d 0 2 02 0 1. C�i E m�_ N 0 V VI N In L L C 0 U P 7 r d E a; . L d d L Y 0 L C C U tl1 O. C d•r C7 Y✓ N 7 > g 0 CI d 01010020 §.L C 41 - -mi O V qr N L N OO w U- C d r Y < O U 0 E O 7 Cl 01 0 C r W W 1► U N C t01 7 CI � y C 0 W O > V 0 0 0 C U 0✓ X . L U O Q L CO C W CO 0< L O d Y 0 N 3• ✓.0.0 > 0.0 us 7 C 01 p1 01 C_ < 4•00., Y✓ tO C C In Al d C W 0 Y 0 0<J 7✓ L M•.- U Y r Y (,1 L 0..." C'✓✓� C O 0 0000 0 ✓ CYrr00IONCY 0 0.1 0 CL 00 lO Y0•.• C LOIWY 0) CLY '� Yrr LC 0 fAL LOLUE O m0Y 027 0 7 Y U Y Y L CY U 0 L V a O.0;X as O.r 0. L Cl y1 O > N C L •D X �1 y✓ 0 N C L 7 0 Y ¢Cl.0 0 0 0 d.�✓ .. Y O G C.0'—- V f.i 0 U W .0 0 0.O.I/1 '0 U W 0 a[7 Y >r In J-U I V X X 4 i 1►CC O W W O IV-7 1 Ci_oyygN.0 tp NNmm(ppcQq mp .. m .O^OR O l'I��NNyWO h y� V l7 O m Y .0_f ` O ,_ in 2 N m 0 r C N E p p (p� Qp� q a O/�p�p�N�mn t��f tD e��f i��Dj01�. p♦l^N (p O 1 g1� NOgj F. 1A .9R n �j n S O (pb N O 2 t0 r IV m IA f0 N P7 0 - N F- yxQQ 55��QQ5Q� ggg �yq� AF: rr gN �S�So� §g g FRCS§§ § o AF �d 1 cl R i E �O %i g . i 4 N m 16 _rr O 4. N .V IV N N 0 Y N N N ^ ^ ' : ::: : : : QS g (p0NNM m O N o YJ g M ri m O R n '�� (mom K Q , w fi V N cs U h N 8§§ pppp+�8 8 N Q cn t0 O N 8 N O O O m 0- 2 — h 0 CC''II O N m Qm. J fV N m N N ul O 2 N U) ti M 0 w o {p`�$(o p f �p ppp j C w -a"tom P --�"'"r c N V�� aD l�f r 04 Q W W LL N fH.- .f) a W w r ei 0 w Z Z K N w 05 1 Wm N la O LLZ Z W W ... rye N {0 r. Ul 0 PI V O m 0 (V N = Z O 0 V.W W LL 2‹ 7 w <CQ N O w r1-0 m 00 W w U N Z 0 H_ W0 Q z i p Z 0 T O w Zyy U w N C p j W o w N c J O u- g w y O o c > u w E o K w j 0 v cr ,g ? :';', E aS mde o v O m ?tow E 5 S cJ iz. ac c o D Y g o w w . 'n r E E . oiLL $ 1 y 18 II 74h t mO O w ooa mw a:1-' m — c 4 .om aa O :rdFg u u ; EMI ; rt6 ?eh o OW 2n m 0 0 0 LL c m w mV %O TOOfo vl a" v 0 u w w 0 w LL 4 IV-8 mn NC)0 0 CD CO f7 0) r O,NC) Ca)C) 0)O)eDf CD {p 03 04 N 0 m C)N U)o f co C) N f O) m ..CO).N 0 — ler)CC d at N Uf f0 at C) O) C) _ CO en �� Ui to OCD Ci m Ooi envN in avv F) C) Na0 N F) n O mg F)(ONCD f eD U) v W 0)C)N N • fi n w C w 0 �NC1 C)e•) C) NC)On 0 eh O NCDF) 0) 0) O Vn) E re CCI O)n O O N O N f O C)U)a D O e D O) a o C l6 f 0)O N v CD O) U)N0N N NCC0en in 4- O D C) 9- 01 CDD CO N e0 N NCODN CO • COD CDD )N co 0 N C)co n E Q n CD0 v ��� N f CD v Off a0 0.-el n f f')t7 CD aD t.j. N m N r- N r N.- U) w w TO0 ~ C)0000 F f f 0 O .-. O O N 0 0 0 0 0 N U) U) CO Cl)0 C) C) N 0 f nOCD U)U)f n f 0)NC000 0.el N O) COO n O V.,*"*....k.NC')f at OCDf co _ Nf CA CV ell O N mID C C) 40' NNn N n mF) N 40 f f 00)N C)f co eDn N CD NO C CDC) 03 N mC)CD CD N N f f:to C) m Pi N Cu r CO .-. N CO C 0 eh 0 f U) U) Co a0 O0) �C) 0 f m el 0)N N 0 CD m O) el V CI CO U7 O 01 f f f n C)N CO_ � U9 ls U) O ? O ei 04 N v v m O N O C) in v V7 N m m w v w C 7 04 ILel m [7 O 7 01 n W co N 0 f nen 0 m CI 0 N sr n M O U) m men .' C W Cl) f N co N Cf44- .- 03- alCO Cd 9.: f n (7U) f D f 00! O O ' CO of N f f NCO 0 m N OU)r O) Y �C� � N.. C)N N IY Q N r f N r.. R y U w N C) e'� 0 0 O O CD el 0 0 O) 0 0 0 O _ W NN O CO N CD CO con0 n N m C)O N f0 CO N N O N N N 01 m co_ co m U) C)N n CO U) O e0 a04 0 C7 41 f N N Cl) f t0 M CV C7 4- C n ell CD CN')Cl.ome7 N r f N m w H U) U) `m NON)ce,CV CC 0))f 0 4- U') O v CC)N V 0 N m )0 in- CD 0 m 11 N f O O m at N Uf N 0i O CD Ol CO.)(4....e. p O C ♦CD Of O CD f Npvv V. Ill v N U1 Cl) D m N O f C 0 n n n w N v n wa D el rn n O f Orn O n Ute)CO O Ups) CO U) Orn tfi UW) W ! Fro:, r C LL m CO CC 0 0 CC N N N O N_ D! v_U)0 O)n Of O O C)NN N m U) N F O f O T) en Oel CO�W to Ni7O�N _ ... O.N.. n m , N Q Z O) C < 0)f CO I, 0 NN ))') N Z Iii. CO U N w IQ- X U D M w O W Z Z re _ W en 5 J > m _ N O O O O O N N N 0 0 O0 O e0 aD e. O M 0 0 N Q e9 m Z ?m O K W m eNaN0 N naelawro N (cps 0(D f IZu O V U 3 e-g 0 O 0 co n Neg N. n 00 F.4 m CD N >Z Q W coaD fi1 n 3.-a. CD W W D D U D N f ,-Nr N .- • r W a.LL Z W D y O -Z— Q CO WO w O Z ^m 11 N W Z D i1- t! W j O W 2 m C9 D y o c C Y HU ] 2 Q 0 F H D m 2 yr = u, m m U a Z 0 H a 0 0 , c WQ Q O c m eA m yLL C m D tj C > m m M m LL m E m a`O m 1 sc m 2 O W CC •v m m a s O m -m o u. O co c mr c E O W 0."' C > >2'0 O C 7 O G C� C Q Co.:. U U a EN'CN > Um 008 a CL �mmg .c cc0 ' D C a C m O a EIi9 a) c m o 00 o m - 13 a 13 C ca -. .a•3 c = c ° 80 = 3 m O.. C,2 C) U m m x cm C C m u.C =W m ue y D mQ— o - c m > > m e c W a m 0 0 0 ,_ C " g .-lit 0 V I•" t mC9aaC F- 0 u- Lk— N m m = m m c c Fm-��Uii2 Eb 8 !,_, m 7 m7 � W W LL 2 LL IV-9 I. yyi��I.�I .pppppppppp�.{{ .p .. NAOPAN N O•OCOOO O N PNV 2 P P M o PPNV N N O CODON WW OM M M P. 47 N N II �+ CON�P�O v MPP Sp N NPO.CD O N Iy 0 ■ v�� - M �vNv A Z '0 ■ O L.N v v v V N V ..t II ^ ■ N ■ ■ C MO O NNNO A ^ ONNAO .t N ^ i — Op.NA V .T A MM.O N P A MPNM N .O IO-..s MON M V NNO V O 3 .O ANMD N NgPNO 0 A ab O A N_ P .+ O •V.O e0 M •O� ANN P A in 6 < AV0M M 0 NN0•MOv N ..r aim in M CO N ...P. .D ...N N ••:• M M 0 N v v N 0.4OOpAO. M0 .t - n. N 0_No0MNCgioN y00 N � vo OP .4AOM .4 P� AMAIN.. P. M.,IA N O N a O.NMMNN N A N{M{gqO N A f_ OD MPM N .p M N•OV O WI O.0t- .t 0 M O v `� N - N .. r.N .D - v v la ft M N « •• N I. A A ^ ^ ^ OIr�m M a A V N O •e V NA IA M N V 4600 A /Ny N v4 'A N O ooscaa po Om v .D M - v v A NSA •O 0 N 1 v .... 0 N A N O OpM0 C P N N OWM P M 1 P AO 44. P ^ `1. W Y t I OAO . PMMMy t < . N.... _ NIyI NS Uv • M 4b 414 it p Q Irk p < 2y N w S 2N $ O A O 88^opp 8 Irk O XIW.t 1 . • • M ..M O A ■AD O O3O .O .p .O y W 2 M .t p Z N N._ A .O •O .O N N so.in ^ A 0 v = 2m = K W m Nr V M Y V NMon. N in •O 0 v Q « W ti - CWi N Wp W W < V 0 O K= ! W WY �� b I. A I 00i Imo 07VM m ' ^ p ^ ^ ^ W YNNMAO NNP MNPIt O 0 p WW U . y 00. NAM t - MM vgvM ppO.ON-P M . A A WW kw v� a vF W N W pp o IAr� P.Oell p_ = t 2 �PNIDAm N vCINA.0 O se OpQ.,.00 0 N N pOo OY N P N 444.0040 N 0 AN..- M V0 N O W pp pp,, ..pp W M I. < 'OV ANON N .—I.O.O V M M NMM N O Ory O j N N A v v A N 0 N .. ^ « ^ ^ ^00tNO. 0 QOM.NNOO NVii N O PNO N N+ OIV0 A A.rOOM AY A pN V V A _NOO-N O NANNMO p MN O PAMpN ^ ^ SgOvNp '0r $ E AO. v N r N ...�.— N ^vN U■■•■N • ■ N ■ ^ Y Y >> w` 2> Y I' « C8 C ao ...se Y s .r Y .r L L . M C Y 0O 000 6�y.1O. c. r. 7 ...• zee; + CY + 6Yy 4..yyo ` cpO. CY•r yyLC7 > YY Y7 -my ` Y < • VE0 `g 8 €q 2 O .0 'LY C . 6 V 0 W3 ; 1Y.i. > S Y ..- W• YHNOr Y1. ler- .0 O-a7 1 10 < . OYrC ` Y 0el: ....0 O vl O)Y $YY O .goo V 0 0 U0 04.0DD0CZ N. .- . O . ea 40 .--.-. U u.N VOWN W xxW0 W U. . Mb CITY OF SHAKOPEE.MINNESOTA ENTERPRISE FUNDS COMBINING STATEMENT OF REVENUES.EXPENSES AND CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31.1995 Refuse Totals ElectriStorm Collection Recreation Fund Fund Water Sewer Drainage 1994 Fund Fund Fund Fund Fund Fund �_' Operating Revenues Sales $8.740,907 S 696,897 S 2,041.341 $ 490,775 S 544.937 S 160 S 122.7017 5 16221,3699 Cost Of Sales 6.358.929- Gross Profit 2.381.978 896.897 2.041.341 490.775 544.937 160 6.356.088 5.195.253 Operating Expenses 971,776 330,261 89.988 176.705 545.367 20.416 2,134.513 2.035.659 Operations And Maintenance1.218.542 1.218.542 1.021.106 Treat Depreciation n AndA 127.390 210,785 806.471 715,791 Amortization 259.942 208.354 - Total Operating Expenses 1.231,718 538.615 1.435.920 387.490 545.367 20,416 4,159.526 3.772.556 Operating Income(Loss) 1_ 150.260 358.2826'05.421 13.285 (430) (20.256) 2.196.562 1.422.697 Non-Operating Income(Expense) 892 443 640.732 553,204 Interest Income 304,595 157.016 128.917 48.869 5,892 3,443 218,6957 3,204 15.813 39.090 94.518 60,000 (304.620) (293.798)11 OmerltExpense (196.965) (89.805) (17.850) Interest 04 123.443 106.301 223.435 _ 91.019 6.757 3.852 554.807 372.704 Total Non-ODe2mn0 Income �_ Income(Loss)Before Operating Transfers 1.273.703 464.583 828.856 194.304 6.327 (16,404) 2,751.369 1.795,401 (759.490) (664.930) Operating Transfers 7o Other Funds (605.306) (154.184) �� ------ Net Income(Loss) 668,397 310.399 828.856 194,304 6,327 (16,404) 1,991.879 1,130.471 Add Depreciation On Contributed Assets344.595 288.657 That Reduces Contributed Capital 89.133 89.421 166.041 Increase(Decrease)In Retained Earnings 668.397 399.532 918,277 360,345 6,327 (16,404) 2,336,474 1.419.128 Retained Earnings January 1 7.378,972 3.98.617 3 57.990 3.150.667 776 17.202.022 15.782.894 Retained Earnings(Deficits)December 31 S 8�� S 3.498.149 $4,491267 S 3.511.012 S 7.103 .5 (16.404) $19496 S 17�s IV-11 CITY SHAKOPEE,MNNESOTA ENTERPRISE FUNDS COIvtBINING STATEIrENT OF REVENUES,OF EXPENSES AND CHANGES IN RETAINED EARNINGS FOR TME YEAR ENDED DECEMBER 31,1994 Storm Refuse Totals Electric Water Sewer Drainage Collection Fund Fund Fund Fund Fund 1994 1993 Operating Revenue Sales $ 8,309,834 $ 758,339 $ 1,340,233 $ 301,200 $ 511,763 $ 11,221,369 $ 9,200,176 Cost Of Sales 6.026 116 6,026,116 5,198,278 Gross Profit 2,283,718 758,339 1,340,233 301.200 511.763 5,195,253 4,001,898 Operating Expense Operations And Maintenance 965,186 325.083 82.602 138,006 524.782 2,035,659 1,599,297 Treatment Charges 1.021,106 Depreciation And Amortization 238,601 190,843 127.662 158,685 1,021,106 715,7 7911 671 1,055,479 1,223 Total Operating Expense 1,203,787 515.926 1,231,370 296.691 524.782 _ 3.772.556 3.325.999 Operating Income(Loss) 1,079,931 242.413 108.863 4.509 (13.019) 1,422,697 675.899 Non-Operating Income(Expense) Interest Income 248,813 135,987 93211 75,193 553204 750,497 Other Income 42,018 53,074 4,411 Interest Expense (204,128) (89,670) 13.795 113,798 57,976 (293,798) (157,978) Total Non-Operating Income 86,703 99,391 97,622 75,193 13,795 372,704 669275 Income Before Operating Transfers 1,166,634 341.804 206.485 79,702 776 1.795.401 1.345.174 Transfers To Other Funds (521,917) (143,013) (664,930) (548.308) Net Income 644,717 198,791 206,485 79,702 776 1,130,471 796,866 Add Depreciation On Contributed Assets That Reduces Contributed Capital 83,852 83,565 121240. 288,657 267,003 Increase In Retained Earnings 644,717 282,643 290,050 200.942 776 1,419,128 1,063.869 Retained Earnings January 1 6,734,255 2.815,974 3282,940 2.949.725 15,782,894 14,719.C,5 Retained Earnings December 31 $ 7,378,972 $ 3,098,617 $ 3,572,990 $ 3,150,667 $ 776 $ 17,202,022 , 1578:! IV-12 CITY OF SHAKOPEE, MINNESOTA ENTERPRISE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31, 1993 Storm Totals Electric Water Sewer Drainage Fund Fund Fund Fund 1993 1992 Operating Revenue Sales $7,137,418 $ 631,871 $1,129,421 S 301,466 S 9,200,176 $ 8,584,553 Cost Of Sales 5,198,278 5,198,278 5,157,393 Gross Profit 1,939,140 631,871 1,129,421 301,466 4,001,898 3,427,160 Operating Expense Operations And Maintenance 1,016,139 293,387 122,797 166,974 1,599,297 1,451,620 Treatment Charges 1,055,479 1,055,479 900,265 Depreciation And Amortization 238,205 185,044 113,223 134,751 671,223 633,146 Total Operating Expense 1,254,344 478,431 1,291,499 301,725 3,325,999 2,985,031 Operating income (Loss) 684,796 153,440 (162,078) (259) 675,899 442,129 Non-Operating Income (Expense) Interest Income 328,031 142,769 145,360 134,337 750,497 585,754 Other income 9,590 26,389 40,777 76,756 160,980 Interest Expense (125,233) (32,745) (157,978) (84,035) Total Non-Operating Income 212,388 136,413 186,137 134,337 669,275 662,699 Income Before Operating Transfers 897,184 289,853 24,059 134,078 1,345,174 1,104,828 Transfers To Other Funds (439,820) (108,488) (548,308) (434,181) Net Income To Retained Earnings 457,364 181,365 24,059 134,078 796,866 670,647 Retained Earnings January 1 5,950,892 1,264,203 2,436,896 1,359,261 11,011,252 10,340,605 Retained Earnings December 31 56,408,256 $1,445,568 12,460,955 $1,493,339 $11,808,118 $11,011,252 wu:::u 51B22:::::zz zuuz Mli ILSICIIMMZ 2ZZXSIZZItarrill i3INES=ZaraM IV-1 3 05/02/91 12:12 ET REF: N0003954.0000 FR:mans 10:6124456718 Page 1 of 2 ATTN: Mr. Gregg Voxland, Finance Director City of Shakopee 'y , o. NEWS FROM MOODY'S INVESTORS SERVICE Municipality Shakopee (City of) MN Minnesota SHAKOPEE, MINNESOTA NEW YORK, May 2, 1997 -- In conjunction with the upcoming sale of general obligation improvement bonds, Moody's has reviewed and refined to A2 the rating on the City of Shakopee's general obligation debt. Key credit factors include: Growing Suburb Southwest of the Twin Cities Expected to Experience Accelerated Expansion Shakopee is a second tier suburb of Minneapolis-St. Paul with a substantial and diverse tax base. Included in the base is a sizable and diverse commercial and industrial sector. Development, which has been ongoing, is expected to accelerate further. The recent completion of three major transportation projects will provide improved access to more fully developed inner ring suburbs and the Metropolitan Council' s 1996 approval of an additional 1565 acres for inclusion within the city's Metropolitan Urban Service Area ( MUSA) assures area for expansion and infrastructure development. The accelerated pace of development expected over then next few years should be a challenge to management. The socioeconomic profile of city residents, as measured by income levels and housing values, is moderately above average and Scott County unemployment rates remain below the national average. Ample Financial Reserves Result in No Cashflow Borrowing Despite Reliance on Property Taxes The city's favorable financial position is characterized by conservative budgeting and a General Fund balance which is sufficient to meet both cash flow and contingency requirements. An operating surplus of about $1 .4 million, significantly more than anticipated, is estimated for fiscal 1996. The General Fund balance is now expected to increase well beyond its current level which is in excess of 40% of General Fund revenues. While a draw in reserves is budgeted for fiscal 1997, officials do not expect that to materiealize as building permit activity continues to be heavy. Property taxes, special assessments as well as transfers from the city-owned electric and water utilities represent the largest portion of operating revenues. Moderate Debt Levels Reflect Rapid Amortization and Strong Tax Base Growth The city's direct debt level of 2.2% exceeds the median and reflects the infrastructure needs and activity of a rapidly expanding community. Debt service as a percent of the budget is high, at nearly 38%, and is due to both an aggressive amortization schedule and development needs. However, the impact on the general tax levy is mitigated by strong special assessment support. Annual issuance for improvement needs is expected and the level of issuance may gradually increase as development accelerates. 05/02/97 12:12 ET REF: N0003954.0000 FR:N000YS T0:6124456718 Page 2 of 2 DEBT AFFECTED; ISSUE RATING Series 1 A2 Sale Amount $3, 140,000.00 Expected Sale Date 05/06/97 Rating Description General Obligation ANALYSTS: Dianne Golub, Analyst, Public Finance Group, Moody's Investors Service Patricia South, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1625 CONSENT CITY OF SHAKOPEE I �� E. 1 . Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Continuing Disclosure DATE: April 30, 1997 Introduction Council approval to use Springsted for continuing disclosure requirements is requested. Background Council has previously authorized the use of Springsted for continuing disclosure. It is not completely clear that Council' s action was to include new bond issues as time past . Recommendation Staff does not feel qualified at this time to meet the requirements for continuing disclosure . Therefore it is recommended to continue with Springsted. Action Move to authorize the proper city officials continuing authority to add new bond issues to the agreement with Springsted for continuing disclosure requirements . kid/ Gregg Voxland Finance Director is\finance\docs\gregg\spring4 relBa100 t CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Lions Club Gambling License DATE: April 24, 1997 INTRODUCTION&BACKGROUND: The Shakopee Lions Club is making application to renew their premises permits for their gambling activities at Babe's Place and at Pablo's Mexican Restaurant. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 4655, A Resolution of the City of Shakopee,Minnesota,Approving Premises Permits for the Shakopee Lions Club, and move its adoption. dith . Cox, City Cle ThJ V O3 RESOLUTION NO. 4655 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKOPEE LIONS CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the Shakopee Lions Club is seeking renewal of their premises permits through July 31, 1999, for the following locations: Babe's Place, 124 South Holmes Street and Pablo's Mexican Restaurant, 230 South Lewis Street, Shakopee,Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, AS FOLLOWS: That the premises permits for the Shakopee Lions Club at the following locations are hereby approved: Babe's Place, 124 South Holmes Street and Pablo's Mexican Restaurant, 230 South Lewis Street, Shakopee,Minnesota. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT MEMORANDUM ) v. 25 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for French Trace 1st Addition DATE: April 24, 1997 INTRODUCTION: Attached is Resolution No. 4656, which apportions existing special assessments against newly created lots located within French Trace 1st Addition. BACKGROUND: In October of 1996, City Council adopted assessments for the construction of 17th Avenue and Sarazin Street adjacent to the St. Francis medical campus (Project No. 1996-1) . These assessments included a 40± acre parcel owned by Sharon Bernhagen. Subsequently, Ms. Bernhagen sold 20+ acres to Laurent Builders who platted their acreage into French Trace 1st Addition. Only that portion of Ms. Bernhagen's original parcel sold to Laurent Builders was benefited by this improvement project. All of the assessments, therefore, are being apportioned to the French Trace plat. (All of the assessments for the St. Francis watermain project, 1995-2, will remain against the parcel still owned by Ms. Bernhagen. ) This apportionment was agreed to by the developer of French Trace 1st Addition and is part of the original developer' agreement. It is appropriate that the apportionment be made by resolution at this time in order that the city can collect the assessments for each lot as it is sold. Special assessments that are not paid by November 30, 1997 will be certified to the county and will be collected along with the taxes beginning in 1998. RECOMMENDED ACTION: Offer Resolution No. 4656, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Subdivision of Parcel Number 27-917025-0 and the Platting of French Trace 1st Addition, and move its adoption. 6Fy Clerk Ti-132F03 RESOLUTION NO. 4656 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF PARCEL NUMBER 27-917025-0 AND THE PLATTING OF FRENCH TRACE 1ST ADDITION WHEREAS, on October 15, 1996, Resolution No. 4541 adopted by the City Council levied assessments against properties benefited by construction of 17th Avenue from CSAH 17 to Sarazin Street and Sarazin Street from St. Francis Avenue to 17th Avenue, Project No. 1996-1; and WHEREAS, a tract of land benefited by the said improvements, known as parcel #27-912015-0, has been subdivided into two parcels one of which was subsequently platted into French Trace 1st Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against parcel #27-912015-0 to the newly created parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments to parcel 27-917025-0 is $43, 152. 53 for the 1996-1 Public Improvement Project and is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4541 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997 . , Mayor , City Clerk h\judy\appfrenc.1 f w EXHIBIT A Assessment Reapportionment for French Trace First Addition Feb. 1997 P.I.D.NO. OWNER LEGAL 1996-1 DESCRIPTION ASSESSMENT 27-222001-0 Laurent Builders,Inc. LOT 1 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222002-0 Laurent Builders,Inc. LOT 2 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222003-0 Laurent Builders,Inc. LOT 3 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222004-0 Laurent Builders,Inc. LOT 4 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222005-0 Laurent Builders,Inc. LOT 5 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222006-0 Laurent Builders,Inc. LOT 6 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222007-0 Laurent Builders,Inc. LOT 7 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222008-0 Laurent Builders,Inc. LOT 8 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222009-0 Laurent Builders,Inc. LOT 9 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222010-0 Laurent Builders,Inc. LOT 10 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222011-0 Laurent Builders,Inc. LOT 11 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222012-0 Laurent Builders,Inc. LOT 12 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222013-0 Laurent Builders,Inc. LOT 13 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222014-0 Laurent Builders,Inc. LOT 14 BLOCK 1 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222015-0 Laurent Builders,Inc. LOT 1 BLOCK 2 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222016-0 Laurent Builders,Inc. LOT 2 BLOCK 2 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222017-0 Laurent Builders,Inc. LOT 1 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222018-0 Laurent Builders,Inc. LOT 2 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION EXHIBIT A Assessment Reapportionment for French Trace First Addition Feb. 1997 P.I.D.NO. OWNER LEGAL 1996-1 DESCRIPTION ASSESSMENT 27-222019-0 Laurent Builders,Inc. LOT 3 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222020-0 Laurent Builders,Inc. LOT 4 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222021-0 Laurent Builders,Inc. LOT 5 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222022-0 Laurent Builders,Inc. LOT 6 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222023-0 Laurent Builders,Inc. LOT 7 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222024-0 Laurent Builders,Inc. LOT 8 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222025-0 Laurent Builders,Inc. LOT 9 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222026-0 Laurent Builders,Inc. LOT 10 BLOCK 3 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222027-0 Laurent Builders,Inc. LOT 1 BLOCK 4 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222028-0 Laurent Builders,Inc. LOT 2 BLOCK 4 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222029-0 Laurent Builders,Inc. LOT 3 BLOCK 4 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222030-0 Laurent Builders,Inc. LOT 4 BLOCK 4 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222031-0 Laurent Builders,Inc. LOT 4 BLOCK 4 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222032-0 Laurent Builders,Inc. LOT 1 BLOCK 5 729.09 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-222033-0 Laurent Builders,Inc. OUTLOT A $19,821.65 128 Fuller Street S. FRENCH TRACE Shakopee,Mn. 55379 1ST ADDITION 27-917025-0 Sharron C Bemhagen N1/2 NW1/4,NW1/4 $0.00 11080 Oregon Curve SECT.17 T115 R22 Bloomington,Mn. 55438 SCOTT COUNTY TOTAL= $43,152.53 HI S , T O R I C E.it-� }.. /Y. E . MURPETSNDING ' . . • _ Living History Village of the 1800s,, • Board of TrustEes Z - Art Bannerman . Scott County Commissioner , Notes On the value of city owned property at Murphy's Landing • Ed Dressen Prepared for Shakopee City Council Meeting Eagle Pet Shop 5/6/97 Greg Fontaine , Dorsey&Whitney Steven J.Griffith Gustavus Adolphus College Murphy's Landing consists of 88 acres of land along the Minnesota River. Approximately Lauriehest Suburban 1/3 of the land is in the flood plain and is left in its natural,state. The City of Shakopee Southwest Suburban Publishing - owns the land and the improvements which consists of the following. • Becky Kelso • Roads State Representative , • Parking lots John Kurth- • Electrical improvements including a transforhier ' The Meridian Group • Sewage system which is tied into the Metropolitan Waste control system. This 'Bill Laing includes 4 lift stations , Marquette Banks • Water system -includes four wells Clete Link • Underground Telephone Lines ShakopeeCity Council • Boat ramp and landing Joan Lynch CAP Agency In the event of a default of this lease, all non-period buildings would revert top the city. Robert B.MacDonald Popham,Haik,Schnobrich They Include: , &xani4han • • Office complex , Marcia McIntosh • Restaurant Volunteer Board • • Six apartments Steve Mueller • Picnic pavilion Jafvert,Mueller Architects• • • Admissions barn Rolland D.Pistuika,MD • Crossroads Medical Center ' Note: The total value of the assets of Murphy's Landing excluding the land itself and the DeWayne L.Scheer , McGladrey&Pullen artifact collection is $1, 715,982 as listed on the February 1996 audit. Shirley Olson, Executive Director ' 1 Honorary Trustees - Raymond A.Haile Les Malkerson i. Dr,Marion Nelson ' Eloise Pohlad Don Shelby Maurice Starts ' Gene Trumble •e Zelickson 2187 East Highway 101, Shakopee, MN 55379 • Phone: (612)445-6901 Fax: (612)445-0181 • • • X • • • • • • • • • • • • • • • • • • • • • •• 1 • • IMPROVEMENTS TO SITE AND NON-PERIOD BUILDINGS MARCH 1994 THROUGH DECEMBER 1996 DESCRIPTION DOLLAR AMOUNT Driveway Turn-Around and Parking Lots $13,500.00 (Clean Fill, Bobcat Work) !Security (Gates and New Key System) $4,000.00 Office Building Renovations $15,000.00 (Insulation, Siding. Labor, Apartment Improvements, (Office Improvements, Fire Hall Concrete) ;Fencing $1,863.00 Landscaping $575.00 !Ryan House Improvements (Heating System, $1,733.00 Carpeting) Utility Work (Trenching and Wiring for additionai $30,000.00 electrical and phone) Red Barn Improvements (Plumbing, Architectural $5,000.00 !Services. Fixtures) White Barn Improvements (Tiling) $300.00 Total $71 ,971 .00 I � I i • ____ ____ _ _ __ _ __ _ ,. __ MURPHY'S______ __________ LANDING_______ __ SITE PROPERTY LOCATION AND USAGE ` ,,,, -.s: .,.. ,:, ,L„...^ t# D,y . �' aam - .Y: -w ,,-�>' r..• - _L�-a j , _ ly�y-,. I ,::, � aonnptron7se >_. < L, z .- : - ,� _.; ._ :-,- ,,.� r....R. y,�. ,fes,{.��-__ • x:: - - * 1. Pond O'rrist MillOriginal to site. Not in use currently. * 2. MonasteryNot in use currently. * 3. Carlson Cabin Not in use currently. 4. Office Complex: Restaurant Restaurant Apartments Six (6) residential units HML 0$icesAdministrative offices * 5. Savage (Brown) Depot Restrooms Static exhibit * 6 ,Lumberyard :Maintenance equipment i. storage. Gunsmith Shop interpreted in front section currently. * 7_.Millinery Static exhibit-hats& sundries * �• " ,-.,.....,_,;(1.:-.-.-._--....-,,..;,---;:m_--- it:- W" O ` x ,--. . ^ Lo Ruhclr t'Liming x' .--s ux•- ' -t om � _ 7 ; 9Iasdtiare=Stoe -: sestorage__--- . Openo Npublic when cooper visits and- __ X r - sets up shop there at 10 4Blac th Shop - ,---a Open:to ubhc-for touring ,,--3.-,;.,?....-..,.,...-,.._-.-..-. - -. --,--•t <+is.. ,.c• ..Pi w.c a ,r+. si- 'mow :tw yy ` _ " T 1 i1 own Na1I - • - , .Open to public for meeting-.. ^� w-- . z-.-. i''�a. Y--_`.3 Vyvv^�'�'' .•':.�,.r k .'.°<'t s: -•�. `�}E-S'•. -i 't` +�" E.+¢t 4�Fs :p' Y'}:Y { .. � _- ptace- Ado uzsod`#o--serve;fu�od � - . _ .. ___ for larger grouper'corporates * 12. Atwater - Open to public for touring * 13. Bloomington-Ferry Church Open to public for touring _ _ _ ..-- .. 14. Pavilion _ _ - _ Open to public -- *. 5.= azcbo -- � _ * 16 :Tabaka ; Lower level open to public ti _ ;j for touring _ "`Upper 1 level:is a residential unit.. - +>•. .sryi�_ ,. -�. — ':''.. -.E. 7.yF '3* vir TRILTAT DI A NTTT -Tr Xi I ik.../ 1111 S T- k.j SITE PROPERTY LOCATION-AND -USAGE • • • Localion/Descrip-tion Use * 17. O'Connor Lower level is open to the public for touring. * 18. Trumble Not open to public * 1.9. Herrick Residential unit * 20. General Store Open to public for touring * 21. Harms Lower level is open to the public for towing. - * 22. Kahl Open to public for touring * 23 Chaska (Grey) Depot Open to public for touring on special occasions_only * 24. Cheadle Open to public for touring • * 25. Drake Open.to public for touring * 26. Martinson Open to public for touring *'-27-. Wilke - Open tapublio for Louring - - -- - Z. - • * Graffenstadt?f,-: - Open to-public for touring - * 29: Schoolhouse- Open to public for touring * 30. Ryan House - Residential unit. Lower - - front portion is used by - - - , volunteers tor sellmg _ . - • - - - - homemade items. _ * 31. Berger Farm - Open to public for touring * 32.. Faribault Cabin Open to public for touring * 33. Sod House Open to public for touring 34. Gate House Residential use until May 1. 35. Visitors' Center(White Barn) Open to public for touring * DENOTES HISTORICAL BUILDING (Page 2) - . - - CITY OF SHAKOPEE 1y. e . y. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Lease Renewal DATE: April 30, 1997 INTRODUCTION: The Council is asked to consider renewal of a lease agreement with Murphy's Landing (Minnesota Valley Restoration Project, Inc.). BACKGROUND: On February 28, 1997, a 3 year lease expired for land owned by the City,upon which Murphy's Landing is located. Since that time,I have been in contact with Shirley Olson, Executive Director of Murphy's Landing,regarding renewal provisions. The existing contract and a proposed renewal contract is attached. Murphy's had asked that they be allowed to utilize the services of one of their board members to draft a renewal contract, and that has been the basis of our negotiations since that time. HIGHLIGHTS: The change in format makes it difficult to compare the leases side by side. The major considerations are as follows: A. Term. The expired lease was for a single 3 year term. The new lease proposes a five year term,with an option for the tenant to renew for an additional 5 years (the City as landlord would not have an option to say no, should the tenant chose to exercise that right. This would then mean for a total of 10 years). Murphy's had initially asked for two options to renew(total of 15 years),but they have agreed to reduce that request. Murphy's indicates the reason for the longer duration is that when they are seeking grants,potential donors are not as willing to participate if there is a greater chance that the City might be the eventual beneficiary, should a single short term lease not be renewed. B. Rent. The rent remains unchanged at a nominal $1.00 per year. This contract does incorporate modifications made since the initial expired contract was written,which does allow for such commercial enterprises as a horror theme park. Proceeds from those ventures to go to the tenant. C. Utilities and Maintenance. This is unchanged from the expired contract. Murphy's will continue to pay for electricity,heat, air conditioning,telephone, and other utilities. The City will continue to plow snow, maintain the sanitary sewer lift station and provide a well for drinking water,mow grass,provide garbage removal, and pay the storm sewer utility fund charges. D. Legal Descriptions. The discussion draft before the Council for consideration at this time does not have legal descriptions finalized. There are three items of which the Council needs to be aware: 1. In 1978, due to an erroneous legal description, a portion of the field just west of the easterly parking lot was omitted when a transfer was made from the Scott County Historical Society, Inc. to the City. A quit claim deed dated April 21st has been received, and has rectified that situation. 2. The DNR seeks an easement for a paved walking path to run the length of Murphy's Landing, from Memorial Park to the grain terminal. That legal description is being provided by the DNR, and will be incorporated in to the final document. Murphy's has agreed to that. 3. An easement allowing for access from C.R. 101 through Murphy's to the U.S. Fish and Wildlife Service 47 acre conservation easement also needs to be incorporated. The Council is asked to consider the lease renewal contingent upon a satisfactory legal description being incorporated in to the document. BUDGET IMPACT: There is no net change to the City from what has happened in recent years -the City will continue to maintain the property. Murphy's will continue to seek outside sources of funding (Spooky World, etc.),those proceeds will be reinvested in to the village;they indicate that they are not in a position to pick up costs of maintenance at this time. For some history,the preceding three years of charges to the Murphy's Landing Project for building and equipment maintenance,utility services that are the responsibility of the City, etc. are as follows: 1994 - $25,263.13 1995 - $20,196.04 1996 - $12,198.88 1994-1995 saw some unusual expenses for repair of lift stations and the like. 1996 reflected the more normal maintenance operating costs. RECOMMENDATION: I recommend that the Council either approve the lease agreement, subject to the legal descriptions being resolved, or otherwise indicate which portions of the lease need modification. ACTION REQUIRED: If the Council wishes to renew the lease for a five year period commencing March 1, 1997, it should,by motion, direct the appropriate City officials to execute the lease as attached. Mark McNeill City Administrator MM:tw • 8 LEASE Dated: LVz/cA / , 1994 Lessor: City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 S. Holmes Street, Shakopee, MN 55379 Tenant : Minnesota Valley Restoration Project, Inc. d/b/a Historic Murphy' s Landing Premises : That property described in Exhibit A attached hereto and incorporated herein, addressed as 2187 Highway 101, Shakopee, MN 55379, commonly known as Murphy' s Landing. Term: Three years, commencing on March 1, 1994, and termu.nating on February 28, 1997 . In consideration of the rents to be paid by Tenant, and other agreements set forth herein, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements: 1 . Intention of Parties. It is the intention of both Lessor and Tenant that Tenant shall operate Murphy' s Landing with as little input and intervention from the Lessor as possible. Both parties desire for Murphy' s Landing to become a fully independent, successful operation. Tenant is not holding the accumulation of structures and artifacts in trust for the Lessor, nor is Tenant managing the Premises for the Lessor. However, due the fact that Murphy' s Landing is located on Lessor' s property, and due to the fact that Tenant repeatedly has requested financial assistance from Lessor, certain management provisions are included in this Lease to encourage Tenant to end its reliance on Lessor. These provisions shall not be construed to make Lessor in any way a party to the management of Murphy' s Landing; rather, they are a method of reviewing whether this Lease should be terminated and Tenant' s occupancy of the Premises ended. All structures which were or are moved onto the Premises and are of historical value belong to Tenant; all other structures belong to Lessor. A list and map of the structures currently on the Premises, with the historical structures belonging to Tenant clearly identified as such, is attached as Exhibit A-1. Tenant may add historical structures to the Premises and to this list without amending this Lease, however, other additions to the Premises shall be governed by paragraph 6 below. Article XIV of Tenant' s Articles of Incorporation, as amended in 1972, shall not be amended without the prior consent of Lessor. 2 . Payments. a. Rent . Tenant shall pay to Lessor the rent of $1 per year. b. Taxes. This property is presently tax exempt, and therefore the rent does not include any taxes . If the property should be determined to be subject to tax, Tenant shall pay the full amount of any taxes. c. Infrastructure Improvement and Maintenance. The Lessor shall provide the following infrastructure improvement and maintenance: Lessor shall grade, maintain, and plow all streets, as determined necessary by Lessor. Lessor shall maintain a working sewage lift station to serve approved residences and bathrooms on the Premises. Lessor shall provide a working well for water. Lessor shall provide an electrical transformer and utility lir-'s to buildings to be served with electricity. Lessor shall mow grassy areas. Lessor shall provide garbage collection for all facilities other than the restaurant. Lessor shall pay storm sewer utility fund bills. If Tenant or Tenant' s employees, invitees, or sublessees damage the infrastructure, Tenant shall promptly repair any such damage at Tenant' s expense. d. Building Improvement and Maintenance. Tenant shall provide all building improvements and maintenance. e. Utilities . Tenant shall pay all utilities. f. Insurance. Tenant shall provide property and casualty insurance covering all structures, their contents, and artifacts located on the Premises. Tenant also shall provide liability insurance in the amount of at least $200, 000 for any single claimant, and at least $600, 000 for any number of claims arising out of a single occurrence. The City of Shakopee shall be named as an additional insured on each of these insurance policies. Tenant shall provide the City with a certificate of insurance indicating the required coverage, and containing a provision that these shall not be canceled, modified, or non-renewed without 10 days prior written notice to the City of Shakopee. g. Operating Expenses. Tenant shall pay all other normal operating expenses as are necessary to keep the Premises in a safe and appropriate condition suitable for use as a living history museum. Tenant shall proceed with due diligence to eliminate all presently outstanding debt . 2 3 . Use. a. Living History Museum. During the Term Tenant shall use the Premises for the purpose of a living history museum, presently known as Murphy' s Landing, and for no other purpose, except as described in paragraph 3 .c. below. During the Term, Tenant shall make no major changes in the operation of Murphy' s Landing. Tenant shall not commit the enterprise to significant capital obligations or enter into any contractual obligations which bind the Premises without first receiving the written approval of the Lessor. b. Regulation. Tenant shall comply with all applicable governmental laws, ordinances and regulations . Tenant shall commit no waste upon the Premises and shall not permit any nuisance to exist upon the Premises . Tenant agrees to observe such reasonable rules and regulations as from time tc time may be put in effect by Lessor for the general safety, security, comfort, and convenience of Lessor, its officers and employees, and the general public. c. Apartments. Those areas specified on Exhibit B only may be sublet as residential apartments. No other area may be used for overnight living quarters, except for brief special events. An inspection by the Building Official is required prior to use of any area or structure for living quarters. 4 . Management. a. Manager. By April 1, 1994, Tenant shall have hired a qualified professional to handle the business aspects of Murphy' s Landing. This professional shall have experience in generating grants and financial management . Tenant shall have secured finances or commitments for sufficient funds to pay this professional' s first year salary. The professional hired shall be one of those who was interviewed by staff from Lessor and Scott County. b. Inventory. By October 1, 1994, Tenant shall complete a full and detailed inventory of the structures, contents, and artifacts located on or belonging to Murphy' s Landing. For each item, the inventory shall contain a description; date of acquisition, when available; what historical value, if any, the item has; and where the item is located. A copy of this inventory shall be provided to Lessor. 3 • c. Reports . Starting on May 1, 1994, Tenant shall provide Lessor with a monthly operating statement, and such other reports as are appropriate to indicate the financial status and program success of Murphy' s Landing. d. Meetings . Tenant shall notify Lessor of all meetings of the Board of Directors. A member of the City Council of Lessor will be an active voting member of the Tenant Board of Directors . e. Audit . Tenant shall have an independent audit of its financial affairs conducted annually at its expense. A copy of this audit shall be provided to Lessor. f. Trail . By May 1, 1994, Tenant shall have approved an agreement with the Minnesota Department of Natural Resources for an extension of the Minnesota River Valley Trail through Murphy' s Landing. g. Fire Safety. By June 1, 1994, Tenant shall have brought the Premises into full compliance with the Uniform Fire Code, and have made all changes required by the State Fire Marshall. h. Building Code. By July 1, 1994, Tenant shall have brought all structures on the Premises into compliance with the Building Code, to the satisfaction of Lessor' s Building Official . i. Housing Code. By July 1, 1994, Tenant shall have brought all occupied structures into compliance with the Uniform Housing Code, to the satisfaction of Lessor' s Building Official . j . Nuisances. By May 1, 1994, Tenant shall have removed all cars, junk, or lumber stored in violation of City Code, evicted all persons residing on the Premises in violation of this Lease, and reviewed the operation of the Premises to assure that no further violations of City Code Chapter 10 are present . 5 . Inspection. Tenant shall give Lessor access to the Premises at all reasonable times, without charge or diminution of rent, to enable Lessor to examine the same for compliance with this Lease, and to make such repairs, additions, and alterations as Lessor may deem advisable, and to exhibit the Premises to prospective tenants, purchasers or others . 6 . Alterations. Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. 4 7 . Assignment . Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. Tenant is hereby given permission to sublet those areas specified on Exhibit B as residential apartments. 8 . Damage. In case of damage to the Premises or any part thereof by fire or other casualty, Tenant shall give immediate notice to Lessor. Tenant shall thereupon cause the damage to be repaired with reasonable speed, at the expense of Tenant . To the extent that the Premises are rendered unfit for the Use, the rent shall proportionately abate, except in the event such damage resulted from or was contributed to by the act, fault, or neglect of Tenant, Tenant' s employees or agents, in which event there shall be no abatement of rent . In the event the damage shall be so extensive that Tenant shall decide not to repair or rebuild, then Tenant shall remove such damaged items and this Lease may be terminated at the option of Lessor as of the date of such damage, and the rent shall be adjusted to the date of such damage and Tenant shall thereupon promptly vacate the Premises . 9 . Liability. a. Waiver of Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of structures or personal property in the Premises unless such injury, damage, or loss is the result of the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance. b. Indemnity. Tenant shall defend, indemnify, and hold Lessor harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property, which are caused by Tenant arising out of or in any way connected with this Lease. c . Subleases . Tenant assumes full responsibility for relations with all sublessees, and shall defend, indemnify and save harmless Lessor from and against any and all liability, suits, claims, damages, costs (including attorneys' fees) , losses, outlays, and expenses in any manner caused by, arising out of, or connected with any sublease under this Lease. 5 10 . Delivery Upon Termination. Upon the termination of this Lease and the said Term in any manner whatsoever, Tenant shall remove all non-historic items from the Premises. Tenant may abandon any historic items. Tenant shall deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease shall be considered abandoned and Lessor may retain or dispose of the same as it deems expedient . 11. Termination. Tenant may terminate this Lease, with- or without cause, upon 30 days prior written notice to Lessor. Lessor may terminate this Lease, with cause, upon 30 days prior written notice to Tenant. After July 1, 1995, if Lessor has a signed purchase agreement for or sells the Premises, Lessor may terminate this Lease by giving at least 60 days prior written notice to Tenant, and specifying an effective date of such termination, which shall not be between Memorial Day and Labor Day. 12 . Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor' s written agreement . Any holding over after the expiration of this • Lease shall not operate to renew this Lease . 13 . Insolvency. a. Re-Entry. If Tenant shall be adjudicated bankrupt, or petition for such adjudication, or a trustee or receiver of Tenant shall be appointed for insolvency of Tenant, or if Tenant shall make assignment for benefit of creditors, or if Tenant shall default in making its payments hereunder or any of them or in performing any of the other agreements, terms and conditions of this Lease, then Lessor may immediately re-enter the Premises . This authority is in addition to all other rights and remedies available to Lessor, by law or by other provision hereof. Lessor may take this action without notice, and may then remove all persons and property from the Premises, subject to subleases authorized for those areas described in Exhibit B. At Lessor' s option, Lessor may annul and cancel this Lease as to all future rights of Tenant, and Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. Neither this Lease nor any 6 • interest or estate hereunder shall pass to any trustee or receiver or assignee for benefit of creditors or otherwise by operation of law. b. Indemnity. Tenant agrees that in case of any such termination, Tenant will indemnify Lessor against all loss of rents and other damage which Lessor may incur by reason of such termination, including but not limited to, costs of restoring and repairing the Premises and putting the same in good condition for the use, costs of renting the Premises to another Tenant, loss or diminution of rents, and other damage which Lessor may incur by reason of such termination, including reasonable attorneys' fees and expenses incurred in enforcing any of the terms of this Lease. 14 . Breach. In the event Tenant breaches any of the covenants or provisions of this Lease, Tenant shall remedy said breach within ten (10) days after written notice thereof. If said breach is not corrected within the ten (10) day period, then Tenant shall vacate and relinquish possession of the Premises immediately upon the expiration of the ten (10) day period. Lessor may extend this time period if, in Lessor' s sole judgment, Tenant is making reasonable efforts to cure the breach. Neither acceptance of rent by Lessor, with or without knowledge of breach, nor failure of Lessor to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and no waiver or consent by Lessor shall extend to any other default or event. 15. Notices. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices also shall be sent to the parties' respective attorneys at the addresses set forth below: Attorney for Lessor: Karen Marty City Attorney City Hall 129 S. Holmes Street Shakopee, MN 55379 Attorney for Tenant : 7 ti. 16 . Governing Law. This Lease has been made under the laws of the State of Minnesota and such laws shall control its interpretation. LESSOR / TENANT THE CITY OF SHAKOPEE 3/$ 9r MINNESOTA VALLEY RESTORATION PROJECT, INC. By %BY .y GaryLentY By By 444.1i0 /69pf2/- ��li���Dennis Kraft, 7"- ty Admin. By Wak &(/ f By / Ju th S. ox, City Clerk [15MEMO] 8 EXHIBIT A Government Lots 1 and 2 in Section 5, Township 115, Range 22; AND the northwest quarter of the northeast quarter of Section 5, Township 115, Range 22; AND Government Lots 1 and 2 in Section 32, Township 116, Range 22, all lying northerly of Highway 101 and located in the City of Shakopee, Scott County, Minnesota. 9 EXHIBIT A-1 • MURPHY'S LANDING SITE PROPERTY LOCATION AND USAGE Locatioi/Description` `�.}„} Use * 1. Pond Grist Mill Original to site. Not in use currently. * 2. Monastery Not in use currently. * 3. Carlson Cabin Not in use currently. 4. Office Complex: Restaurant Restaurant Apartments Six(6) residential units HML Offices Administrative offices * 5. Savage (Brown) Depot Restrooms • Static exhibit * 6. Lumberyard Maintenance equipment storage. Gunsmith Shop interpreted in front section currently. * 7. Millinery Static exhibit- hats & sundries * S. Bank Open to public for touring * 9. Hardware Store Used for storage. Open to public when cooper visits and sets up shop there. * 10.. Blacksmith Shop Open to public for touring * I I. Town Hall Open to public for meeting • • _• . _ - _ place. Also used to serve food - for larger groups/corporates.- * 12. Atwater Open to public for touring * 13. Bloomington-Ferry Church Open to public for touring • 14. Pavilion Open to public * 15. Gazebo * 16. Tabaka Lower level open to public for touring. Upper level is a residential unit. MURPHY'S LANDING SITE PROPERTY LOCATION AND USAGE Location/Description Use * 17. O'Connor Lower level is open to the public for touring. * 18. Trumble Not open to public * 19. Herrick Residential unit * 20. General Store Open to public for touring * 21. Harms s Lower level is open to the public for touring. * 22. Kahl • Open to public for touring * 23. Chaska (Grey) Depot Open to public for touring on special occasions.only * 24. Cheadle Open to public for touring * 25. Druke Open to public for touring * 26. Martinson Open to public for touring * 27. Wilke Open to public for touring * 28. Graffenstadt Open to public for touring * 29. Schoolhouse Open to public for touring * 30. Ryan House Residential unit. Lower front portion is used by volunteers for selling homemade items. * 31. Berger Farm Open to public for touring * 32. Faribault Cabin Open to public for touring * 33. Sod House Open to public far touring * 34. Gate House Residential use until May 1. 35. Visitors' Center(White Barn) Open to public for touring * DENOTES HISTORICAL BUILDING (Page 2) • • I • • • EXHIBIT B Nine apartments, located as follows : Six units located in the office complex, identified as building 4 on Exhibit A-i. One unit located in the second story of the Tabaka house, identified as building 16 on Exhibit A-i . One unit located in the Herrick house, identified as building 19 on Exhibit A-1. One unit located in the Ryan house, identified as building 30 on Exhibit A-i . fi [15MEMO] 10 ADDENDUM NO. 1 TO LEASE WHEREAS, on March 18, 1994, the City of Shakopee, Minnesota, Lessor, with an address of 129 S. Holmes Street, Shakopee, MN 55379, entered into a Lease with Minnesota Valley Restoration Project, Inc. d/b/a Historic Murphy' s Landing, Tenant, for property addressed as 2187 Highway 101, Shakopee, MN 55379, commonly known as Murphy' s Landing; and WHEREAS, Minnesota Valley Restoration Project, Inc. has received a proposal from Paper Warehouse, Inc. to conduct an annual Halloween celebration; and WHEREAS, the Lease does not allow this celebration; and WHEREAS, Minnesota Valley Restoration Project, Inc. , has requested an amendment to the Lease to allow this celebration. NOW, THEREFORE, the Lease dated March 18, 1994, between the City of Shakopee and Minnesota Valley Restoration Project, Inc. , is hereby amended as follows: 1 . Lease paragraph 1, Intention of Parties, is hereby amended by adding one sentence to the end of the second paragraph, which shall read as follows: "In the event Tenant shall subcontract with a company which constructs a `haunted house' on the Premises for a Halloween celebration, the `haunted house' shall not belong to Lessor. Ownership of the "haunted house" shall be as determined by Tenant and its sublessee. If, however, the `haunted house' is abandoned upon termination of the sublease, Lessor may retain or dispose of it as Lessor deems expedient . " 2 . Lease paragraph 2, Payments, c, Infrastructure Improvement and Maintenance is amended by adding a new sentence at the end, which shall read as follows: "Tenant shall pay any increase in infrastructure improvement and maintenance costs caused or requested by a sublessee of Tenant . " 3 . Lease paragraph 3 , Use, a, Living History Museum, is amended by changing the first sentence to read as follows : "During the Term Tenant shall use the Premises for the purpose of a living history museum, presently known as Murphy' s Landing, and for no other purpose, except as described in paragraphs 3 .c. and 3 .d below. " 4 . Lease paragraph 3 , Use, is amended by adding a new paragraph 3 .d, which shall read as follows : "d. Halloween Celebration. Tenant also may use the premises fora Halloween activity, including seasonal decorations, rides, sale of goods, and other activities not normally a part of a living history museum; provided, however, such activities may not damage or detract from the use of the Premises as a living history museum. " 5 . Lease paragraph 6, Alterations, is amended to read as follows : "Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. Approval is hereby given to allow a `haunted house' to be constructed on the Premises, in a location and design that Tenant determines will not detract from the use of the Premises as a living history museum. " 6 . Lease paragraph 7 is amended to read as follows : "Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor, and except as specified below. Any sublease shall be terminable upon 30 days' prior written notice by the Lessor if the Lease is not renewed, or if the Lease is terminated for any reason. Tenant shall include notice of this provision in any sublease. No sublessee shall be allowed to commit waste. Any significant damage to the Premises, in the sole opinion of Lessor, shall be considered a breach of this Lease under paragraph 14 . a. Tenant is hereby given permission to sublet those areas specified on Exhibit B as residential apartments . b. Tenant may sublet a portion of the Office Complex, identified as building 4 on Exhibit A-1, for a restaurant. c. Tenant may sublet a portion or all of the Premises for a Halloween celebration. " 7. Lease paragraph 8 is hereby amended by adding "sublessees" in the ninth line between "employees" and "or" , so that that line shall read "Tenant' s employees, sublessees, or agents, . . . " 8 . All other provisions of the Lease remain in full force and effect . LESSOR TENANT THE CIT OF SHAK PEE MINNESOTA VALLEY RESTORATION �! !O qPROJECT, INC. By BY i a'/i Gary La t, ayor By 4/0411:4 By (614; 5c ‘ Dennis Kraft, ity Admin. BY i BY tom.��, '`----` Ju•i'ti s. Co Ci y Clerk [12MUR -2- /5o) MEORANDU .. TO: MAYOR AND MEMBERS CF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : September 1, 1994 RE : Amendment to Lease with Murphy' s Landing BACKGROUND: Murphy' s Landing has been approached by Paper Warehouse to have a Halloween celebration on Murphy' s Landing. Paper Warehouse has described the activity as "a Halloween theme park" . Murphy' s Landing is in favor of adding this activity. The City lease with Murphy' s Landing prohibits this type of use . Therefore, we would need to amend our lease in order to allow it . In particular, we need to allow a Halloween activity, which is not a part of the living history museum; allow the construction of a "haunted house" and also allow ownership of the haunted house to remain in the tenant; and provide for termination of the sublease if our lease with Murphy' s Landing should end. Various other provisions to split expenses and provide legal protection are included. The Lease also is being amended to allow the restaurant on site. There has been a restaurant for years, but the Lease is not clear that it is permitted. An amendment has been included to clarify that . Attached is a draft amendment to the lease with Murphy' s Landing. It is being reviewed by Murphy' s Landing and Paper Warehouse, and I expect to receive comments or responses from them before the Council meeting. ALTERNATIVES : 1 . Authorize the appropriate City officials to enter into Addendum No. 1 to the Lease between the City and Murphy' s Landing. 2 . Do not authorize entering into the lease addendum. 3 . Table for amendments or further information from staff. RECOMMENDATION: Authorize the appropriate City officials to enter into Addendum No. 1 to the Lease between the City and Murphy' s Landing. (12MURPHY] Attachment y�P.cof MINpFsor9 Minnesota Department of Natural Resources m It4i) 500 Lafayette Road , St. Paul,Minnesota 55155-40 °FNATURP' April 28, 1997 Mark McNeill, City Administrator 129 Holmes Street South Shakopee,MN 55379 Re: Minnesota Valley Trail P159, 113380 Scott County Dear Mr. McNeill: The attached map gives you a general idea of desired permanent easement over City of Shakopee property. The majority of this property is currently being leased by Murphy's Landing. The portion not being leased by Murphy's Landing is located within the Municipal Park. The idea is to make a connection between the paved bike trail north of the parking lot and stream within the park,run on the north side of the stream and then cross the stream into the Murphy's Landing area. Details on exact location of the easement will need to be worked out with Frank Knoke, Park Manager, our engineering staff and City of Shakopee . It is the intent to build the trail in a mutually agreed upon location within the easement area. In past discussions between Frank Knoke and Marty, City Attorney (at the time) it was agreed that the easement area would be large enough to ensure proper trail alignment without incurring any survey costs. One title matter which will need to be addressed involves the property currently being leased by Murphy's Landing. According to the Scott County Recorder's records, the City of Shakopee conveyed by Quit Claim Deed to Scott County Historical Society the area now within Murphy's Landing. This conveyance was accomplished by two transactions. Document# 120021 and #120835 were filed with Scott County in 1969. DNR Information: 612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer A, Printed on Recycled Paper Containing a Who Values Diversity 144 Minimum of 10%Post-Consumer Waste • In 1987, by City Resolution No. 2775 the property in Document 120021 reverted back to the City of Shakopee. The property described in Document#120835 was never conveyed back and the title is presently under Scott County Historical Society ownership. In order to clear this matter, our attorney has advised that Scott County Historical Society Quit Claims to the City of Shakopee all property described in Documents#120021 and #120835. Therefore, any future questions about this ownership should be easily answered. The attached map shows the area excluded from Resolution 2775. I also enclosed a complete legal description to be used on the Quit Claim Deed to correct this title matter. After many years of on and off negotiations with the City, we are looking forward to completing this transaction at your earliest convenience. Sincerely, 7;g/i' Teresa Thews Sr. Realty Specialist 612-296-0637 DNR Information: 612-296-6157, I-8(0-766-6)O() • TTY:612-296-5484, 1-800_657-3929 An Equal Opportunity Empiti cr 4Printed on Recccle l Paper Containing a Who Value.( iccnit5 Minimum of lin? Post-consumer Waste PERMANENT EASEMENT1)4) MINNESOTA VALLEY TRAIL 4A) THIS INDENTURE, Made this day of ,1994, between the City of Shakopee, a Municipal Corporation under the Laws of Minnesota as party of the first part, and the State of Minnesota, a Sovereign Body, as party of the second part, WITNESSETH, That the said parties of the first part, in consideration of the terms and conditions stated herein, do hereby convey and warrant unto the said party of the second part, its successors and assigns, a perpetual easement in land lying and being in the County of Scott, in the State of Minnesota described as follows, to-wit: Exhibit A, is Attached and made part hereof. THE PURPOSE AND INTENT OF THIS EASEMENT IS TO: Establish, construct, operate, and maintain an all season multi-purpose recreation trail for public use. FURTHER COVENANTING, THE PARTIES, FOR THEMSELVES, THEIR, SUCCESSORS AND ASSIGNS: 1. The party of the first part hereby grants and conveys to the party of the second part, its successors and assigns, all grasses, shrubs, trees and natural growth now existing on said premises or that may be hereafter planted or grown thereon; and the right to remove and use earth and other materials lying within the parcel of land hereby conveyed. 2. Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party therefore agrees that it will assume all risk and liability to itself, its agents or employees for any injury to persons or property resulting in any manner from the conduct of its own operations, and operation of its agents, or employees under the Indenture, and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper precaution, of or by itself or its own agents or its own employees. The liability of the State for claims arising from the use of the above-described land is governed and limited by Minnesota Statute Section 3.736 and other law. The liability of landowners who permit without charge, any person to use their land for recreation purposes is limited by Minnesota Statutes Section 87. The party of the second part agrees to properly define the boundarie of the trail, and designate such through posting of signs, landscaping, and fencing. 3. The party of the first part agrees not to construct any buildings, structures or other improvement on the easement, or cut any trees or remove any vegetation from the easement, without written consent of the Commissioner of Natural Resources. 4. The party of the first part, for itself, its successors and assigns, reserves the right to use any existing roads and utility lines. Specifically, it reserves the right to use the cartway located in Government Lot 2, Section Five (5), Township One Hundred Fifteen North (115), Range Twenty Two west (22). If there is no existing road or utility line across the easement, and and there is a need for such, the road or utility shall be at a location approved in writing by the Commissioner of Natural Resources. 5. The party of the first part, for itself, its successors, and assigns reserves the right to enter upon the easement area for any lawful purpose provided there is no interference with the use of said easement by the party of the second part, its successors and assigns in the maintenance and operation of multi-purpose recreational trail. 6. The parties agree that the easement area shall not be used by the public who uses: motorized vehicles such as all terrain vehicles, go-carts, dirt bikes, or motorcycles and alike. Such vehicles are strictly prohibited. The following activities are acceptable in the easement area: hiking, biking, roller blading, cross country skiing, and other such common recreational uses. Fencing and style: The party of the second part, at its own xpense, shall undertake the following: The trail design shall be architecturally sensitive to the historic nature of the Murphy's Landing Museum. Including but not limited to, conservative use of contemporary signs, use of historic-type fencing that is both aesthetically appropriate and provides security for the Museum site. Particularly, wrought iron fencing will be constructed in the "overlook" area, while chain link fencing used in conjunction with natural plantings, landscaping and burming on the remainder of the trail grade. The trail surface shall have a bituminous surface. . 8. Signs: The State of Minnesota, Department of Natural Resourc40 agrees to erect signs, at its own expense, designating the trail ", boundary, location of public restrooms, and acceptable trail uses. Y TO HAVE AND TO HOLD THE SAME, TO THE STATE, ITS SUCCESSORS AND ASSIGNS, FOREVER. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands the day and year first above written. CITY OF SHAKOPEE, A MUNICIPAL CORPORATION UNDER THE LAWS OF MINNESOTA BY: BY: ITS: ITS: STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1994 by: Its: and by: , Its: Notary Public My Commission Expires N : CLD C r- ' ',.:'. '.,,,Cc:''''',-'.„.:- .:..i 1 Q:; U C CA ✓' h b1 �` = � — : '''.;:!...'Z.J..:: .;:r .,..;.....•-.. - ‹...„...._.r..c..„.e.e.,,,_,_ r/) 0 ` a . D �.i 4'0 0.Qo - ,,q•S3 -L. .: o fm ..''• ;. ..' ' grtc,.- ,N.,:. \!-(4-k-k. ): j. Z sD'.a if,> k ,� G� °` �. ` (opo�� l. �f O `(J�" f x11:,�k ^ z r • f r .0 ` -.r 00 •,zj -F -f •; �� n *,;::,.,.....,:i.::::::::/.....:•.*:::::,:::::•ir,::::; .,-., / y rt 1---- y yb , nstatc V aiue t ) iiteu ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUEUE�HEREON:$ Date �.-(, tt1= l ,19`/7 (reserved for recording data) FOR VALUABLE CONSIDERATION, Scott County Historical Society, Inc. ,anon-profit corporationunder the laws of Minnesota ,Grantor,hereby conveys and quitclaims to the City of Shakopee ,Grantee, a municipal corporation under the laws of Minnesota ,real property in Scott County,Minnesota,described as follows: That part of the following tracts lying north of the northerly right-of-way line of Minnesota Highway 101, being described as follows: Government Lots 1 and 2, Section 5, Township 115, Range 22; the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 5, Township 115, Range 22; and Government Lots 1 and 2, Section 32, Township 116, Range 22, Scott County, Minnesota, (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. SCOTT COUNTY HISTORICAL OCIETTYY, INC. Affix Deed Tax Stamp Here By.. -:?-e4‘"--.12N1-( . - -g,- -.'e--or Its --4..-‘) STATE OF MINNESOTA l By-- -7c- e_ ji--aF ' C, , COUNTY OF SCOTT J}ss Its The regoing instrument yeas acknowledged before me this I day of (-1 .L LcL /y'S 7 ,i9 9.5 by ,-,(f.A.--A....t--- ;x,~ Pc,, c:e h� the u u r and mit. and c.t,a—:ate L,,_c A_ of Scott County Historical Society, Inc. a non-profit corporation under the laws of Minnesota ,on behalf of the cy7o r//ljpor/ation • NOTARIAL STAMP OR S,; •, •n,n; 110i -.•R RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ARLEEN M 3 cHmit tw, '• Tax Statements for the real property described in this instruments v_ should be sent to(include name and address of Grantee): `4.x�"� =II,�.3=.bi,Zweimatej THIS LNSTRUMENT WAS DRAT,l'ED BY(NAME AND ADDRESS): Karen E. Marty Shakopee City Attorney City of Shakopee 129 South Holmes Street Shakopee, MN 55379 3300 NORWEST CENTER M A 90 SOUTH SEVENTH STREET .= _L.C,, 1 _iJ _._.__ MINNEAPOLIS, MINNESOTA 55402-4140 EDELivA�, T (612)672-8200 FAX(612)672$39? BORM A 11 WRITER'S DIRECT DIAL 0 IDrJ � ro 672-8308 1i .L.J a Professional Limited Liability Partnership MARVIN BORbtAN April 10, 1997 NEI.I.SELL WILLIAM E.MULLIN WILLIAM Z.PENTELOVITCH JOSEPH ALEXANDER GARY J.HAUGEN THOMAS H.BORMAN REBECCA PALMER MARK BAUMANN DAVID F.HERR 96-2056 R.LAWRENCE PURDY JAMES D.O'CONNOR RICHARD G.WILSON LEON L STEINBERG LAWRENCE M.SHAPIRO Shirley A. Olson HOWARD B.TARKOW WILLIAM M.(SOWER.PA Murphy's Landing LARRY A.KOCH VIRGINIA A.BELL JUSTIN H.PERL c/o Minnesota Valley Restoration Project, Inc. COOPER S.ASN ROsSMAN 2187 East Highway 101 TERRI A9 LY Shakopee, MN 55379 JOHN W.PROVO EDWIN CHANIN CLARK T.WHITMORE WAYNE S.MOSKOWTIZ Re: Lease with the City of Shakopee CHARLES A.HOFFMAN RUSSELL F.LEDERMAN,PA. MARK W.LEE LOME AIACN M Dear Shirley: RICHARD A.KEMPF SUSAN E.OLIPHANT JONATHAN S.PARRTI2 BRIAN J.KLEIN JAMES F.RTL T.IAN JAMES F HANNEMAN Accompanying this letter is a revised draft of the Lease we have prepared. SHERYL G.MORRISON DOUGLAS T.HOLOD NEIL P.AYOTTE The Lease has been marked to reflect the changes made from the previous draft. The SKAYETEVEN BRENDA J.ARNDT following are comments intended to help you understand the changes that were and CYNTRAF.GILBERTSON PENNY RHEABERTM were not made based upon the comments from the City: LAURIE A.KINDEL MICHAEL C.McCARTHY PHILIP J.TILTON R.CHRISTOPHER SUR 1. I have not modified Section 9(a). The provision is intended to protect SHAWN R.MCINTEE TIMOTHY R.VELNER the rights of both the City and the Landing in the event of a condemnation by another entity having the power of eminent domain. OF COUNSEL CHARLES QUAINTANCE,JR. ROBERT A.ENGELKE MARTIN G.WEINSTEIN 2. I have not deleted Section 10(g). Section 10(f) and(g) are intended to. MICHAEL L SNOW ROYCE N.SANNER be reciprocal indemnity provisions which have importance in SUSANKI LBO insurance subrogation cases. In addition, as a matter of fairness it is J..LINK only appropriate that any indemnification by the parties be mutual. SAMUEL H.MASLON 19014988 HYMAN mI 3. In Section 20, I have modified the provision to only apply to real estate taxes and assessments in the event taxes and assessments should become payable in the future. 4. I have not deleted Section 21. In the event that Murphy's Landing elects to obtain financing, it must have the right to assign its leasehold interest as collateral for that financing. Of course, any leasehold mA ': Shirley A. Olson yd April 10, 1997 3ORMAN Page 2 & 5 R ;N D aProfessionalL mortgage would be subordinate to the rights and interests of Murphy's Llab1u.Partnership Landing under the lease and the leasehold mortgage would be terminated in the event the lease is terminated following a default of the lease. 5. I have modified Section 27 consistent with our conversation. First, I deleted from the original lease language which permitted the landlord to terminate the lease for cause. This deleted language is replaced by Section 25 of the lease, which defines events of default and the landlord's remedies. Second, I have deleted the provision which enables the City to terminate the lease if it enters into an agreement to sell the property. I hope these revisions meet with your approval. Should you or anyone at the City wish to discuss these matters further, please feel free to call me. Si ely, Steven A. Kaye SAK:bfr 120676-1 DISCUSSION DRAFT#2 LEASE THIS LEASE (the "Lease") is entered into and effective as of the first day of March, 1997, by and between City of Shakopee ("Landlord") and Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing ("Tenant"). RECITALS A. Landlord is the owner of certain real property located in Scott County, Minnesota legally described on Exhibit A and depicted on Exhibit B attached hereto and made a part hereof (the "Premises"). B. Tenant is the current occupant of the Premises pursuant to that certain Lease dated March 18, 1994, as the same has been amended from time to time (collectively, the "Old Lease"). Landlord and Tenant desire to terminate the Old Lease and enter into this Lease. NOW,THEREFORE, in consideration of the mutual agreements set forth in this Lease, and for other good and valuable consideration, the receipt, sufficiency and fairness of which are hereby expressly acknowledged, Landlord and Tenant agree as follows: 1. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the rent hereinafter provided and subject to the terms and conditions of this Lease. 2. Termination of Old Lease. Effective as of the Commencement Date (defined in Section 3(a) of this Lease), the Old Lease shall terminate and cease forever and neither party shall have any continuing liability or obligation under the Old Lease, it being the intent of the parties that this Lease shall in all respects replace the Old Lease. 3. Term. (a) Initial Term. The initial term of this Lease (the "Initial Term") shall commence on March 1, 1997 (the "Commencement Date") and shall terminate on February 28, 2002 (the "Termination Date"). (b) First Option to Renew. Provided that Tenant is not in material default under any of the terms and conditions of this Lease, Tenant shall have the right and option to renew and extend the term of this Lease for one (1) additional period of five (5) years (the "First Renewal Term"). In the event Tenant elects to exercise its option for the First Renewal Term, it shall do so by giving Landlord written notice to that effect at least three (3) months, but not greater than six (6) months, prior to the expiration of the Initial Term. The First Renewal Term shall MEBB Doc.No. 112428-3;Aprii 9, 1997(3:40pm) 1 DISCUSSION DRAFT #2 commence upon the expiration of the Initial Term. In the event Tenant elects to exercise its option for said First Renewal Term, said renewal term shall be upon the same terms and conditions as set forth herein with respect to the Initial Term. • (c) Secon• •ption to : •new. Provided that Ten. t is not in in. -rial default under any of terms . .. conditions .f this Leas- enant sh. ave the right . d option to r- -w and ext the Fir 'enewal Te, of this Le. e for one additional pe%od of five (5) ars (the " econd ' • i ewal Ter if " . In the eve, Tenant el; is to exercise ' s option for t - econd Renew. erm, it sh. do so by giv' g Landlor► written notic- o that effect a east three (3) mo s, but not gr=.ter than six months, . •or to the ex.' ation of the F.• t Renewal Te . e Second Re•-wal Term s : 1 comme e upon the ex.*ration of the F• st Renewal . In the event Te'. t elects to ercise its . .tion for said -cond Renewa erm, said r ewal shall be upon the same tr s and co ditions as set orth herein wit`respect to t Inti erm. 4. Base Rent. In consideration for the subleasing of the Premises to Tenant, Tenant shall pay to Landlord annually in advance until the expiration of the term of this Lease, without notice or demand, Base Rent (the "Base Rent") in the amount of One and No/100 Dollars ($1.00) per year, payable in annual installments. Tenant shall pay to Landlord the first annual payment of Base Rent within five business days following the Commencement Date. All payments shall be made to Landlord at the address required for notices as set forth in this Lease, or at such other address as Landlord shall from time to time designate. 5. Delivery and Condition of Premises. The parties acknowledge that Tenant is in possession of the Premises as of the Commencement Date. Except as provided elsewhere in this Lease, Tenant shall accept the Premises "AS IS". Landlord makes no warranties or representations regarding the condition of the Premises and shall have no liability to Tenant in connection therewith, and Tenant agrees to accept them in their present condition, based on Tenant's own inspection and judgment. 6. Use. Tenant shall use the Premises for the purpose of conducting a living history museum. Tenant also may use the Premises for general entertainment, dining, parking and recreational facilities, or for any other lawful uses, including without limitation a horror theme park or haunted house, a winter holiday lights display and other similar seasonal uses, provided that such uses do not detract from the Premises as a living history museum. Tenant shall not do or suffer anything to be done upon the Premises which shall cause an injury to the Premises, or violate any insurance requirement or any zoning, building, health, safety, environmental or other code or law, regulation or ordinance of any federal, state or local unit of government or agency (hereinafter called "Laws") which has jurisdiction over the Premises, and Tenant shall hold Landlord harmless against any and all costs, expenses, losses or damages incurred or suffered by, or imposed on Landlord as a result of any use of the Premises by Tenant in violation of any insurance requirement or Laws. MEBB Doc.No. 112428-3;April 9, 1997(3.40pm) 2 DISCUSSION DRAFT #2 7. Title to Improvements. Tenant shall have the right to construct improvements located on the Premises. Tenant shall have the right to bring onto the Premises improvements relocated from locations not included within the Premises. The parties acknowledge that, during the term of the Old Lease, Tenant brought improvements unto the Premises. All improvements t� constructed on or brought onto the Premises by Tenant shall be owned by Tenant, including De s .ty °" . without limitation those itemized on Exhibit B attached hereto. Tenant shall maintain an l ercaeS inventory of the improvements, artifacts and other items of personal property kept by Tenant on the Premises and belonging to Tenant. The inventory shall contain for each item a description, date of acquisition, historical value, and the location of the item. A copy of this inventory shall be made available to Landlord upon request of Landlord. Upon the expiration of the term of this Lease or any extension or renewal thereof, or upon sooner termination of this Lease, Tenant shall have the right to remove all improvements constructed on the Premises by Tenant or brought onto the Premises by Tenant. Tenant shall have no obligation to remove or cause or pay for the removal from the Premises of any improvements existing on the Premise prior to the commencement of the Old Lease. Tenant shall not have any obligation to restore the Premises to the condition which existed prior to construction of such improvements. f Tcnant shall havc no Le-c0Q- I>1 8. Inspection of Premises. ; . : ; ; ' - : - • : ; • -- : - . - ' . . - : In cases of emergency, Landlord may enter upon the Premises without delivering to Tenant prior written notice, however Landlord shall use reasonable efforts to contact Tenant in the event of such emergency. 9. Condemnation. (a) Substantial Taking. If, by an exercise of the right of eminent domain or by conveyance made in response to the threat thereof(in either case, a "Taking"), all of the Premises are taken, or if so much of the Premises are taken that the Premises cannot be used by Tenant for the purposes for which they were used immediately before the Taking, this Lease will end on the earlier of the vesting of title to the Premises in the condemning authority, or the taking of possession of the Premises by the condemning authority (in either case the "Date of Taking"). Landlord and Tenant shall then divide the net award on account of the Taking (i.e., the total award less costs of obtaining the award, including attorney's and appraiser's fees) based on their respective interests in the Premises and the improvements located thereon, as determined by agreement or by any court of competent jurisdiction. MEBB Doc.No. 112428-3;Aprii 9, 1997(3:40pm) 3 DISCUSSION DRAFT #2 (b) Partial Taking. If, after a Taking, the then remaining portion of the Premises can be used for substantially the same purposes for which they were used immediately before the Taking, this Lease shall remain in effect. (c) Tenant's Award. In connection with any Taking subject to this Section, Tenant may prosecute its own claim by separate proceedings against the condemning authority for additional damages legally due to it. The termination provisions of this Lease shall in no way limit the damages Tenant may claim for any taking. 10. Insurance and Casualty. (a) Tenant will maintain the following insurance on the Premises throughout the Initial Term, and any extension thereof, which insurance shall be written by companies legally qualified to issue such insurance: (i) Property insurance on all improvements located on the Premises for the replacement value of such improvements to insure against such risks as shall be insurable against under present or future forms of"All Risk" or "Special Form" property insurance policies which are standard for use in the State of Minnesota; and (ii) Flood insurance on all improvements located on the Premises if located within a Federally designated floodplain; and (iii) Commercial liability insurance to insure against claims for bodily injury, death, personal injury or property damage occurring on, in or about the Premises(with a - _- - _• - ..__ ••. •- -- • •' • . .. . .. . V .• • • • - in the amount of at least$200,000 for any single claimant and at least $600 000 for an number of claims arising out of a sin'le occurrence. Such coverage may consist of primary and excess coverage and shall be noncontributing with any insurance that may be carried by Landlord. Such policy shall name Landlord as an additional insured; and (iv) Workers' compensation insurance to the extent required by the laws of Minnesota. (b) Every policy referred to in this Section shall provide that it will not be canceled, modified or amended except after 30 days' written notice to Landlord and that it shall not be invalidated by any act or negligence of Landlord, Tenant, or any person or entity having an interest in the Premises, nor by occupancy or use of the Premises for purposes more hazardous than permitted by such policy, nor by any foreclosure or other proceedings relating to the MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 4 DISCUSSION DRAFT #2 Premises, nor by change in title to or ownership of the Premises and may include a waiver by the insurer of all rights of subrogation against any named insured. (c) Tenant shall deliver to Landlord originals of the applicable insurance policies or original or duplicate certificates of insurance or temporary binders in appropriate instances, all satisfactory to Landlord, evidencing the existence of all insurance which is required to be maintained by Tenant hereunder, such delivery to be made (i)upon the execution and delivery hereof, and (ii) at least ten (10) days prior to the expiration or cancellation of any such insurance. (d) At the election of Tenant, during the Initial Term of this Lease, all policies of casualty insurance which Tenant is obligated to maintain pursuant to Section 13(a)(i) of this Lease shall name only Tenant and its lender as loss co-payees. During the First Renewal Term, t , if the options for such respective periods are exercised, at the election of Landlord, all policies of casualty insurance which Tenant is obligated to maintain pursuant to Section 13(a)(i) of this Lease shall name Landlord, Tenant and its lender as loss co-payee. (e) Landlord and Tenant hereby waive all rights to recover against each other or against the directors, officers, employees, agents, customers, invitees or business visitors of each other, but only to the extent of insurance proceeds actually received by them for any loss or damage arising from any cause covered by any insurance required to be maintained pursuant to this Section or by any other insurance actually carried by them. Landlord and Tenant shall cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection with the Premises or any improvements or personal property located thereon. (f) Except for the negligent or intentional acts of Landlord, its agents, employees, or mortgagee, if any, Tenant shall indemnify, save harmless and, at Landlord's option, defend Landlord, its agents, employees and mortgagee, if any, from and against any and all liability, liens, claims, demands, damages, expenses, fees (including reasonable attorneys' fees) costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Tenant's use, occupancy, management or control of the Premise. (g) Except for the negligent or intentional acts of Tenant, its agents, employees, or mortgagee, if any, Landlord shall indemnify, save harmless and, at Tenant's option, defend Tenant, its agents, employees and mortgagee, if any, from and against any and all liability, liens, claims, demands, damages, expenses, fees (including reasonable attorneys' fees) costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Landlord's use, occupancy, management or control of the Premises. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 5 DISCUSSION DRAFT#2 11. Maintenance. Tenant shall, at its own cost and expense, maintain and keep the Premises in good repair and in a clean and orderly condition. Except as provided elsewhere in this Lease, Landlord shall not be required to maintain or repair the Premises or any improvements located thereon which are used by Tenant in connection with the Premises. 12. Right to Cure Defaults: Indemnity. If Tenant shall fail to keep or perform any of its obligations under this Lease relating to the Premises, Landlord may, at its option, after ten (10) days written notice to Tenant, cure any such default, and all costs and expenses incurred by Landlord in connection therewith shall be due and payable by Tenant to Landlord following notice thereof, and if any such amount is not paid within thirty (30) days after delivery of written request therefor by Landlord, Tenant hereby agrees to pay interest at the rate of twelve percent (12%) per annum on such amount from the date of Landlord's request for payment until Landlord actually receives such payment. Tenant hereby agrees to indemnify and hold harmless Landlord from any loss, costs, damage or expenses including without limitation, attorney's fees, incurred or paid by Landlord on account of any default or failure of performance by Tenant under this Lease, or on account of any liability relating in any way to Tenant's use or occupancy of the Premises. Landlord agrees to keep and perform any and all of its obligations under this Lease. If Landlord shall fail to keep or perform any of its obligations under this Lease, Tenant may, at its option, cure any such default, and all costs and expenses incurred by Tenant in connection therewith, including reasonable attorney fees and expenses, shall be immediately due and payable by Landlord to Tenant, and if any such amount is not paid within thirty (30) days after delivery of written request therefor by Tenant, Landlord hereby agrees to pay interest at the rate of twelve percent (12%) per annum on such amount from the date of Tenant's request for payment until Tenant actually receives such payment. Landlord hereby agrees to indemnify and hold harmless Tenant from any loss, costs, damage or expenses including without limitation, attorneys fees, incurred or paid by Tenant on account of any default or failure of performance by Landlord under this Lease. 13. Assignment or Subletting. Tenant shall not assign this Lease or Lease all or a portion of the Premises to any other party without the prior written consent of Landlord, which consent will not be unreasonably withheld if the assignee or sublessee has a reasonably good reputation, is reasonably experienced and is in a reasonably sound financial position. Notwithstanding any assignment or subletting, Tenant shall not be relieved of its obligations hereunder, and a consent by Landlord to one assignment or subletting shall not constitute a waiver of the provisions of this section or a consent to any other assignment or subletting. Notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to license or sublease all or a portion of the Premises for a Halloween-oriented theme park, a winter holiday lights display, a trolley ride, a restaurant, or for any other purpose reasonably acceptable MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 6 DISCUSSION DRAFT #2 to Tenant, and shall have the further right to sublease a portion of the office space and apartment space located on the Premises, all without the prior consent of Landlord. 14. Alterations. Tenant shall have the right.to make alterations to the improvements located on the Premises, where the cost of such alterations is less than[$150,000.00] $50,000.00, without the consent of Landlord. Where the cost of alterations to the improvements located on the Premises is equal to or greater than f$150,000.001$50,000 00, Tenant shall not make such alterations without the consent of Landlord, which shall not be unreasonably withheld. All alterations and improvements made to the Premises by Tenant shall belong to Tenant and shall remain upon the Premises upon expiration of the term of this Lease or any extension or renewal thereof 15. Waiver of Subrogation. Landlord waives its right of subrogation for damage to the improvements located on the Premises, contents therein, loss of use thereof, and/or loss of income, up to the amount of the insurance proceeds collected; and Tenant waives its right of subrogation for damage to property in the Premises, loss of use thereof, loss of income and accounts receivable. Landlord and Tenant agree to notify their respective insurance companies, in writing, of the provisions of this paragraph, and in the event either party cannot waive its subrogation rights, such party shall notify immediately the other party of the fact, in writing, so that the other party can consider obtaining necessary insurance coverage to insure against possible subrogation actions by the other party's insurance carrier. 16. Damage by Fire or Other Casualty. (a) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys in excess of fifty percent (50%) of the replacement cost of the improvements located on the Premises, then Tenant may elect to terminate the Lease as of the date of such casualty by giving Landlord thirty (30) days written notice, which thirty days shall be measured from The date on which the event of damage or destruction occurred. Upon such termination, the proceeds from the casualty insurance maintained pursuant to Section 13(a)(i) of this oi Lease, shall be paid and distributed as set forth on Exhibit "D", attached to this Lease. M'�`'P Y PRO ur D� (b) In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during the Initial Term, Tenant, at its own cost and expense, shall restore the Premises to a condition reasonably similar to the condition which existed prior to the commencement of this Lease. In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during any extension or renewal of the Initial Term, Tenant shall have no obligation to restore the Premises to the condition which existed prior to the commencement of the Lease, nor shall Tenant have any obligations to pay the cost of such restoration. MEBB Doc.No. 112428-3;April 9, 1997(3.40pm) 7 DISCUSSION DRAFT #2 (c) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys less than or equal to fifty percent (50%) of the replacement cost of such improvements and all fixtures, furniture, equipment and all personal property located in or used in connection with the Premises, then within a reasonable period of time following such destruction Tenant shall repair and restore the Premises and all fixtures, furniture, equipment and all personal property located therein. All insurance proceeds paid pursuant to the policy of insurance required by Section 13(a)(i) of this Lease shall be applied to the cost of such restoration. 17. Mechanics Liens. Tenant shall pay timely for labor and material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises, at the direction or with the actual consent of Tenant. Tenant shall not permit any mechanics or similar liens to remain upon the Premises incident to the foregoing. However, Tenant may contest the validity of such lien or claims, provided, Tenant shall provide reasonable security to insure payment and to prevent any sale, foreclosure or forfeiture of the Premises by reason of such non-payment, if required by Landlord. Upon a final determination of the validity of any such lien or claim, Tenant shall immediately pay any judgment or decree rendered against Tenant or Landlord, including, but not limited to, all proper costs and charges, and shall cause such lien to be released of record without costs to Landlord. Tenant shall provide Landlord with copies of all notices of liens Tenant actually receives, and shall provide Landlord with information regarding any lien of which Tenant has reasonable knowledge to the best of its information and belief and without further investigation. 18. Tenant's Equipment and Personal Property. Tenant at its sole cost and expense, shall provide certain furniture, trade fixtures and/or trade equipment necessary for Tenant's use and occupancy of the Premises. Such furniture, movable trade fixtures and/or movable trade equipment, and replacements thereof or additions thereto, as well as movable furniture and other movable personal property shall be and remain the property of Tenant. At Tenant's sole cost and expense, all of the property shall be removed on or before the last day of the term hereof or any extensions or renewals thereof, or upon the earlier termination of the term. If Tenant chooses not to remove its property, such property shall be deemed abandoned and shall become the property of Landlord, or if removed by Landlord, Tenant shall pay the costs of such removal. 19. Signs. Tenant may provide and install, at its expense, during the full term of this Lease, and any extension or renewal thereof, a sign or signs the form of which shall conform to any and all governmental rules, regulations, codes, ordinances, laws with respect to same. The cost of installing, maintaining, changing and removing all signs shall be borne by Tenant, and all signs shall be maintained in such a manner so as to be sightly and in good condition and repair. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 8 DISCUSSION DRAFT #2 20. Taxes and Assessments. In the event real estate taxes become.due and Payable with respect to the Premises,Tenant shall pay at least fifteen (15) days before they become due, and before any fine,penalty, interest or costs may be added thereto: (a) all taxes, license fees, assessments, levies, and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, whether or not now customary or within the contemplation of Landlord and Tenant, which are at any time during the duration of this Lease, imposed or levied upon, reasonably attributable to, or assessed against (i) the Premises, (ii) any Base fRcnt, Pcrccntagc}Rent or other sums payable hereunder, (iii) this Lease or the leasehold estate hereby created, (iv)the operation, possession or use of the Premises, (v) the cost or value of any equipment, furniture, fixtures and other personal property located in or upon the Premises, or the cost or value of any leasehold improvements made in or to the Premises by or for Tenant, and (vi) the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; and (b) all sales, value added, ad valorem, use and similar taxes at any time levied, assessed or payable on account of the acquisition, ownership, leasing, operation, possession or use of the Premises by Tenant. All real estate taxes assessed for the last year of the term hereof, but payable after the expiration or other termination of the term hereof, if any, shall be adjusted and prorated so that the Landlord shall pay its prorated share for the periods preceding and following the term hereof, and the Tenant shall pay its prorated share for the Initial Term. Tenant shall not be required to pay any franchise, estate, inheritance, transfer, income or similar tax of Landlord unless such tax is imposed, levied or assessed in substitution for any other tax, assessment, charge or levy which Tenant is required to pay pursuant to this section. If any assessment may legally be paid in installments, Tenant may pay such assessment in installments; in such event, Tenant shall be liable only for installments which become due and payable during the Initial Term and any extension thereof. 21. Consent To Leasehold Mortgage. Notwithstanding anything in this Lease to the contrary, Tenant shall have the absolute right, without Landlord's consent, to mortgage this Lease and Tenant's leasehold interest by one or more Leasehold Mortgages, provided, however, that no such mortgages shall extend to or affect Landlord's reversionary interest and the estate of Landlord in and to the Premises. Landlord consents to any exercise of remedies by any leasehold mortgagee, including acceptance of an assignment, deed or other conveyance in lieu of foreclosure. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 9 DISCUSSION DRAFT #2 22. Quiet Enjoyment. Landlord warrants that it has the right to lease the Premises and that so long as Tenant shall substantially perform each and every material term, condition and covenant to be performed and observed by Tenant hereunder or under any mortgage entered into by Tenant, Tenant shall have peaceful and quiet use and possession of the Premises, without hindrance on the part of Landlord, and Landlord shall defend Tenant in such peaceful and quiet use and possession under Landlord. 23. Short Form Lease. Tenant shall not record this Lease without the written consent of Landlord; however, the parties shall join in the execution of a memorandum or so-called "short-form" of this Lease in the form attached hereto as Exhibit C for the purposes of recordation. Tenant shall record the memorandum or so-called short-form of this Lease and shall pay the fees required to be paid in order to record such short-form lease. 24. Utilities and Services. Tenant shall pay, as they become due and payable and before they become delinquent, all charges for electricity, heat, air conditioning, gas, fuel, telephone and any other utility service furnished to the Premises during the term of this Lease or any renewal or extension thereof. Landlord shall: (a) grade, maintain, repair and plow the snow from all streets located within the Premises; (b) maintain a working sanitary sewer lift station for sewage generated by residences and bathrooms located on the Premises; (c) provide, maintain and repair a working well for drinking water; (d)provide an electrical transformer and utility lines to all building located on the Premises to be served with electricity; (e) periodically mow all grassy areas; (f) provide weekly garbage removal service from all parts of the Premises, but excluding the restaurant located on the Premises; and (g) pay Tenant's storm sewer utility fund bills. Tenant shall pay the cost of all utilities, except for sanitary sewer, storm sewer and water, the cost of which shall be paid by Landlord. 25. Default. (a) Events of Default. The following events are Defaults under this Lease: (i) The failure of Tenant to pay in full, within five days after the date the same becomes due, any rent payable to Landlord hereunder; (ii) The failure of Tenant to pay in full, within five days after the date the same becomes due, any other sums payable by Tenant hereunder either to Landlord or to others or the failure of Tenant to pay when due any sums of money payable to any leasehold mortgagee of Tenant; (iii) The failure of Tenant to comply in a timely manner with any requirement or obligation under the provisions of this Lease; MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 10 DISCUSSION DRAFT #2 (iv) The vacancy or desertion of the Premises by Tenant for a period of more than thirty days, unless such vacancy is the result of a fire, windstorm or other casualty, and the Tenant commences restoration of its improvements on the Premises within such thirty day period and thereafter proceeds diligently to restore the improvements on said Premises as soon as practicable; (v) The filing of a petition in bankruptcy or for the reorganization of all or a portion of Tenant's property (either by Tenant or by a third party in an involuntary proceeding) and the same is not removed, released or discharged within sixty (60) days following the initial filing. (b) Notice: Opportunity to Cure. Upon the occurrence of any Default in the payment of any rent or other money payable to Landlord hereunder, if Tenant fails to cure such Default within thirty (30) days after Landlord gives Tenant written notice thereof, such uncured Default in the payment of rent or other money payable to Landlord hereunder shall become an Event of Default. Upon the occurrence of any other Default, if Tenant fails to cure such other Default or Defaults within thirty (30) days after Landlord gives Tenant written notice thereof, such other uncured Default or Defaults shall become an Event of Default; except that if any such other Default is of a character that requires additional time to be cured, such other Default shall not become an Event of Default if Tenant diligently commences in good faith to cure such other Default upon receipt of the notice specifying the nature of such other Default and Tenant thereafter continuously and diligently attempts to cure such other Default. (c) Remedies. If an Event of Default shall have occurred, Landlord shall have the right to take any or all of the following actions: (i) Give Tenant written notice of Landlord's termination of this Lease. Upon the giving of such notice, the Lease term and the estate hereby granted shall expire and terminate on such date as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the Lease term, all rights of Tenant hereunder shall expire and terminate; (ii) The Landlord may, without terminating this Lease,reenter or repossess the Premises, by force, unlawful entry and detainer proceedings or otherwise, and dispossess and remove Tenant or other occupants therefrom, and may relet all or part of the Premises as Tenant's agent, and Tenant shall pay Landlord the difference between the rent due for the remaining term at the time of reentry or repossession and any amount received or to be received under such reletting for the remaining term. MEBB Doc.No. 112428-3;April 9, 1991(3:40pm) 11 DISCUSSION DRAFT #2 (iii) In addition to any other legal remedy, Landlord may enter on and into the Premises and cure any then uncured Event of Default at the expense and for the account of Tenant. Any expenses, liabilities, penalties, or other damages of any kind incurred by Landlord in such action, including 'reasonable attorneys' fees, shall be immediately due and payable by Tenant to Landlord as rent due hereunder; or (iv) Landlord may obtain any manner of equitable relief in order to compel Tenant to observe and perform its obligations hereunder. (v) Any other remedy permissible at law or at equity. (d) Termination. Upon the termination of this Lease by Landlord, all rights of Tenant, and of all persons claiming by, through, or under Tenant, whether by assignment, mortgage, Lease, or other conveyance or encumbrance (except with respect to those persons with whom Landlord has agreed otherwise in writing) shall be terminated and extinguished. 26. Estoppel Certificates. 'Intentionally Omittedi ' ' . i : e - i tie • i ' b ill ii • i ii : i • • • • i i : i • ii . -' I i i i i • •i . . . • • • i - ii i i, • . .i • •i ' i • i : i • i • i • i • i i I i • - 1 • •• • e, : i • i . • i % l •- • • • • • i ii i i • • i • •i • • • • • • e, , • I . - e ; • i • • i ; 11 IV i i• •i G • •i b I . ii • •• • •i i •• • •I i i . • - • • i • i • i . •i - • i i • • • i - - • :b• •i - I . • i II • I i • • i . • i • • i •i i i i • % i i : i ii i e, • •i i i • ' t trio i - e, % - i • 1 : e i i i • i ii • i e ii e, • • i, : i i, ' i, . i . • •i 1 i •: ii , : i i ••• • • • • • • •' • • I : i i i i ' i : b• • i • • I I r : e, . • i . . . . . . . I ' , - - i % t i i • - i e, i : i i i • - fie i s • b ) tee i • re, • - i i i •ii • . • •i i • i . •i ••• • . • i • I • i : i i 1. . . i • •• ii i i i • • i i i • : 1; i i • •i • •i • •• , • • - • i • is i • • . . • - iii • i : ii i . i : ii - . •i _ i i- i i i i i • • • i i i • I • i . • i % ' is i • • - U : i, i e, • •ii i % i i • ii, : ii i • i • i i i - •i i i i • i " - i i • • • • • i • • • • - ie i - i : i • i i i i' • i - i, i i i •. . . . • . e, • • - . • i • • • . i i • . i • i - 27. Tenant's Termination Right. Tenant may terminate this Lease upon delivering to Landlord thirty (30) days prior written notice.[Landlord may terminatc this Lcasc obi€ 9 -' -- '-. - - -' - - - •:- i .•- : : : _ :- - : - -q- - it t :• - . ': .. - - - - : -- : . - - ---- . ': -, :.- MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 12 DISCUSSION DRAFT#2 ' - ' . - : -. • :: - ,- - - :- - : - - 4 ;4 • .; - . ;; - any cxtcn3ion thcrcof.] 28. Miscellaneous Terms. (a) Time. Time is of the essence of this Lease with respect to the due performance of the terms, covenants and conditions herein contained, and all provisions herein relating thereto shall be strictly construed. (b) Full Agreement. The parties acknowledge that this Lease embodies the full and complete agreement and understanding between the parties. This Lease supersedes and replaces any prior agreements and understandings between the parties, either oral or written. (c) Amendments and Modifications. None of the covenants, terms or conditions of this Lease, to be kept and performed by either party, shall in any manner be altered, waived, modified, changed or abandoned except by a written instrument, duly signed and delivered by both parties. (d) Governing Law. This Lease shall be construed for all purposes in accordance with and governed by the laws of the State of Minnesota, without giving effect to its conflict of law rules. (e) Headings. The marginal or topical headings of the several articles, paragraphs and clauses are for convenience only, and are not to be construed as part of this Lease and do not define, limit or construe the contents of this Lease. (f) Severability of Provisions. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. (g) Covenants Binding on Successors. All of the covenants, agreements, conditions and undertakings contained in this Lease shall extend and inure to and be binding upon the successors and assigns of the respective parties hereto, the same as if they were in every case specifically named, and wherever in this Lease reference is made to either of the parties hereto, it shall be held to include and apply to, wherever applicable, the successors and assigns of such ply. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 13 DISCUSSION DRAFT #2 (h) Attorneys' Fees and Expenses. If either party hereto shall commence any legal action or proceeding against the other by reason of the alleged failure of the other party to perform or keep any term, covenant or condition of this Lease by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover from the non-prevailing party, in addition to court costs, reasonable attorneys' fees and expenses to be fixed by the court. (i) No Third-Party Beneficiaries. There are no third-party beneficiaries to this Lease, either express or implied. Nothing herein contained shall be construed to grant or confer upon any person or persons, firm, corporation or governmental authority, other than the parties hereto, their successors and assigns, any right, claim or privilege by virtue of any covenant, agreement, condition or undertaking contained in this Lease. (j) Acknowledgment. The parties hereto acknowledge and represent that they have had the opportunity to be represented by legal counsel of their choosing in connection with their consideration and execution of this Lease. The parties further represent and declare that in executing this Lease, they have relied solely on their own judgment, belief an knowledge, and that they have not been influenced to any extent by any representations or statements made by the other party or their counsel, except those expressly stated in this Lease. (k) Drafting of Agreement. This Lease is the product of negotiations between the parties. As such, the Lease shall not be construed against one party or another merely because one party drafted some part or all of this Lease. (1) Counterparts. This Lease may be executed in any number of counterparts, all of which will be considered one and the same Lease notwithstanding that all parties hereto have not signed the same counterpart. Signatures on this Lease which are transmitted by facsimile shall be valid for all purposes. Any party shall, however, deliver an original signature on this Lease to the other party upon request. (m) Waiver. No waiver by either party of any breach of any term, covenant or condition hereof shall be deemed a waiver of the same or any subsequent breach of the same or any other term, covenant or condition. No covenant, term or condition of this Lease shall be deemed waived unless waived in writing. (n) Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partnership, or joint venture, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of landlord and tenant. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 14 DISCUSSION DRAFT#2 (o) Force Majeure. If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God or other deities, or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. (p) Notices. All notices to or demands upon a party desired or required to be given under any of the provisions of this Lease shall be written and sent by registered or certified mail, return receipt requested, postage pre-paid or by an express mail delivery service, addressed to the person intended to be notified at the following address: If to Landlord: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Attention: City Administrator If to Tenant: Minnesota Valley Restoration Project, Inc., c/o Murphy's Landing 2187 East Highway 101 Shakopee, MN 55379 Attention: Executive Director Any person may, at any time, or from time to time, notify the other persons named herein in writing of a substitute address for that above set forth, and thereafter notices shall be directed to such substitute address. Notice given as aforesaid shall be sufficient service thereof and shall be deemed given as of the date received, as evidenced by the return receipt of the registered or certified mail or the express mail delivery receipt, as the case may be. The effective date of any mailed notice shall be three (3) business days after delivery of the same to the United States Postal Service and the effective date of any courier service notice shall be as shown on the courier service's receipt. (q) Number and Gender. The use herein of a singular term shall include the plural and use of the masculine, feminine or neuter genders shall include all others. (r) Consents and Approvals. Except when a different standard is specifically provided in this Lease, whenever the consent or approval of a party is required under this Lease, such consent or approval shall not be unreasonably withheld, conditioned or delayed. If any provision of this Lease requires Landlord or Tenant to do anything to the satisfaction of the other MEBB Doc.No. 112428-3;Apri19, 1997(3:40pm) 15 DISCUSSION DRAFT #2 party, the party whose satisfaction must be obtained shall not unreasonably or arbitrarily refuse to state its satisfaction with such action. If either party decides to deny such consent or approval, or to withhold its statement of satisfaction with the other party's performance, it shall simultaneously state its reasons for doing so. If either party shall request the other party's consent, approval or statement of satisfaction with respect to any matter hereunder, the other party's failure to reply to such request within ten days (after delivery to the other party of copies of all necessary information and documents that are available and necessary or appropriate to enable the other party to decide whether to grant such consent, approval or statement of satisfaction) shall be deemed a consent, approval or statement of satisfaction, as the case may be. (s) Authority. The parties hereto each hereby represent and warrant to each other that all consents or approvals required of third parties (including, but not limited to, any Board of Directors) for the execution, delivery and performance of this Lease have been obtained and that each party has the right and authority to enter into and perform its covenants contained in this Lease, and that this Lease is binding upon each party in accordance with its terms. (t) Brokerage. Each party hereby warrants to the other that it has had no dealings with any broker or agent in connection with this Lease. Each party covenants to pay, hold harmless, indemnify and defend the other from and against any and all costs, expenses or liability for any compensation, commissions and charges claimed by any broker or agent as a result of dealings with it with respect to this Lease or the negotiation hereof MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 16 DISCUSSION DRAFT #2 IN WITNESS WHEREOF,this Lease was executed on the date first above written. "Landlord" City of Shakopee By Jeff Henderson Its Mayor By Mark McNeill Its City {Mtr er} Administrator (3Y "Tenant" 'Tv,oq Cox Tts c, r,{ ccgieK Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing By Shirley Olson Its Executive Director THIS INSTRUMENT WAS DRAFTED BY: Maslon, Edelman, Borman & Brand A limited liability partnership Suite 3300 90 South Seventh Street Minneapolis, MN 55402 (612) 672-8200 (SAKaye) MEBB Doc.No. 112428-3;April 9,1997(3:40pm) 17 DISCUSSION DRAFT#2 EXHIBIT A • PREMISES LEGAL DESCRIPTION MEBB Doc.No. 112428-3;April 9,1997(3:40pm) 18 DISCUSSION DRAFT #2 • EXHIBIT B PREMISES DEPICTION MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 19 DISCUSSION DRAFT #2 EXHIBIT C MEMORANDUM OF LEASE MEBB Doc.No. 112428-3;Apri1 9, 1997(3:40pm) 20 DISCUSSION DRAFT #2 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is made effective as of 1997, between Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing ("Tenant"). and the City of Shakopee ("Landlord"). WITNESSETH: For good and valuable consideration paid and to be paid by Tenant to Landlord, Landlord has leased to Tenant, upon the terms and conditions more particularly set forth in a Lease dated , 1997 (the "Lease") made between Landlord and Tenant, that certain premises described on Exhibit A attached hereto (the "Premises"). The initial term of the Lease is five (5) years, commencing on , 1997. Tenant may, upon terms and conditions of the Lease, renew the term for two (2) successive periods of five (5) years each, each such period to commence at the expiration of the initial term or subsequent renewal terms of the Lease, as the case may be. This Memorandum of Lease is executed and is to be recorded and/or registered for the purpose of giving notice of the Lease and is in no way intended to supersede or vary the terms or conditions of the Lease. Nothing contained herein shall be construed to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Lease, which shall in all things control. Tenant shall upon expiration or earlier termination of the Lease execute and acknowledge a written termination, in recordable form, of the Lease and this Memorandum of Lease. Additional information concerning the terms and provisions of the Lease may be obtained by contacting Landlord or Tenant. IN WITNESS WHEREOF, the parties have caused this Memorandum of Ground Lease to be executed effective as of the date first appearing above. MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) DISCUSSION DRAFT #2 IN WITNESS WHEREOF,this Lease was executed on the date first above written. "Landlord" City of Shakopee By Jeff Henderson Its Mayor By Mark McNeill Its City [Manager}Administrator "Tenant" Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing By Shirley Olson Its Executive Director STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1199_11997, by Jeff Henderson and Mark McNeill, the { and ,] mayor aga-city administrator, C(TY respectively of the City of Shakopee, a Minnesota municipal corporation, on behalf of the c� K corporation. Notary Public MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 22 DISCUSSION DRAFT #2 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of ,1199 11997, by Shirley Olson, the Executive Director of Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Maslon, Edelman, Borman & Brand A limited liability partnership Suite 3300 90 South Seventh Street Minneapolis, MN 55402 (612) 672-8200 (SAKaye) MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) 23 DISCUSSION DRAFT #2 EXHIBIT A LEGAL DESCRIPTION • MEBB Doc.No. 112428-3;April 9, 1997(3:40pm) DISCUSSION DRAFT #2 This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between- original document : L:\WPDOCS\SKAYE\RE-CC\112428_2.WPD and revised document: L:\WPDOCS\SKAYE\RE--CC\112428_3.WPD CompareRite found 17 change(s) in the text Deletions appear as struck-through text surrounded by [] Additions appear as bold+dbl underlined text MEBB Doc.No. 112428-3;Apri19, 1997(3:40pm) 25 f4IS Form No.31-M— QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Co., Minneapolis Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON:$ Date -pli ° Al ,191 7 (reserved for recording data) FOR VALUABLE CONSIDERATION, Scott County Historical Society, Inc. ,anon-profit corporat ionunder the laws of Minnesota ,Grantor,hereby conveys and quitclaims to the City of Shakopee ,Grantee, a municipal corporation under the laws of Minnesota ,real propertyin Scott County,Minnesota,described as follows: That part of the following tracts lying north of the northerly right-of-way line of Minnesota Highway 101, being described as follows: Government Lots 1 and 2, Section 5, Township 115, Range 22; the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 5, Township 115, Range 22; and Government Lots 1 and 2, Section 32, Township 116, Range 22, Scott County, Minnesota, (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. SCOTT COUNTY HISTORICAL OCIETY, INC. Affix Deed Tax Stamp Here Its STATE OF MINNESOTA By"- - =_ _- - • ss Its COUNTY OF SCOTT The regoing instrument}has acknowledged before me this , day of L lji-t . 1 1'17 ,1995 , by elf tee- (Y. - <217.a and ,�u �« , the - t-f--t and t ate, t.t 4_ ofScott County Historical Society, Inc. ,a non-profit corporation under the laws of Minnesota ,on behalf of the corporation NOTARIAL STAMP 0' ; •; • . 1111 AR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ARLEEN M. RICHAl1l' t1 Tax Statements for the real property described in this instnunent Ne rn ci =c!.' r ,r E should be sent to(include name and address of Grantee): a' IES 'I t mac;► {d�Conan.Exaiies Ala.31,2029 THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Karen E. Marty Shakopee City Attorney City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CT N - i< n C G1 kr..,- ,,,d- :..(;....;...;.2...?.. 0 .:::.,• .....- —7.. •. .. Z '-1 •;•:-:. '•::, :::-.L!,..:71.--)i' ,.....,::..1,•:6'.....\):-.•:. , •••..;%•::•:•.:.::: **. • : 171 y: :':...:% . _:`1 _ t,':1 - : • = ,,. ..;:p , Cf4 • , /..:.:- Q>�' N •:.s, � r :y: 0,. : �: o of :. : . . �, 4:. . .. 0 D.:::.ti'. :, i !.i ::..,.,....:,• ...,:-..........;.:: ‘t.:,!. \s CI. ;' -, ,s, , \ c, . C t CA '::z4. ‘ 4,. .. \ )./) .\.) y •r n . � C •d ..0 -2 . . .. . ..., '''4 ' \-\ 's••• t IP \ns ...if ' �`` (Ci- : .'' \ ) • � J ` ' d ....:::i.: i 0: \ ,: ie 44 • . ..• .. ... ;I fc ' ;,..., ril b ; Gil -0 . 0 . :_‘. '.. -_ -; i ' 1 k • a • , 111 CI \° \ ---1 Cr,x)Y. rcrt ' y< 3- r ly. 5 . y. 3300 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4140 1Vi -NT (612) 672-8200 �— "-- FAX(612)672-8397 _ — WRITER'S DIRECT DIAL . u __ 672-8308 a Professional Limited Liability Partnership April30, 1997 96-2056 Shirley A. Olson Murphy's Landing do Minnesota Valley Restoration Project, Inc. 2187 East Highway 101 Shakopee, MN 55379 Re: Lease with the City of Shakopee Dear Shirley: Accompanying this letter is the revised draft of the Lease. At your request, I have enclosed two signature copies. I have also enclosed the marked pages to reflect the changes made from the previous draft. I do not have a legal description or a depiction to attach as Exhibits A and B. These should be prepared and reviewed before the document is signed. Sincerel , Steven A. K ye SAK: 120676-1 j734 0 6.040o LA,. 5 + ea' w� ; Tm\\t am 0 v _ • -.se no, �'% c )11,:,\ I c 9e°tin , v \I: e4i-vides s H : fe440840 =_ 8 9 , \ i 44e e p 3 ,8Zeá\T\ ° o I` _ E.Aso S = A • 40. ,. ° c Y 44rya°\ ; N; \ \ ,5 z t1 4d» mte� o .= = ` n sy lie 1.(,:',1- 4 Z ^h �� a y H•H L1 ,�Y \ 'A `� rSE •• e ! v r \ \ i \'...?, K T p a A `•• a A �d , `\ 7/ l ,��i • •'� °�. t c C a N e YdWE Od`°,+ �, �\ S�WJeH 8 L ,pO� QQ 2 t e l $ A q ; q=C OS \\. �� I i CC \ Q = �e A u ` A Ii :4flu1fl aura Vii. _ o gr c� •� E v o q : L H•LZ z os g Ya c, .k �/9 y'C \ h0 t cT vs ayg I�_ 4 X \/' II!1EIIII !, \ dor +�9 �• \ a algW�l'ZZ + .3. A• a g E = C = t. A A • \` j =\ ft �C es so L IV 7 C S i "eq.el'£Z Aii, /of 44. 4. \ `: % jV `• ^� �� ).\ tiHem 400penp Dani 'SZ "':21 = - * <Ig".k,3. *4•'\' / O Ve . =aa� : t p(6Q c _ 940 a et; o o tuejnets o '" �a a sit,'-i � et ef9e at?,, 44 _ ,:46 `\ c �Gpuno�l�� , .C- \ N ` ��` . e4hke �;C7 3 k. ,,.5.�= LEASE THIS LEASE (the "Lease") is entered into and effective as of the first day of March, 1997, by and between City of Shakopee ("Landlord") and Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing ("Tenant"). RECITALS A. Landlord is the owner of certain real property located in Scott County, Minnesota legally described on Exhibit A and depicted on Exhibit B attached hereto and made a part hereof (the "Premises"). B. Tenant is the current occupant of the Premises pursuant to that certain Lease dated March 18, 1994, as the same has been amended from time to time (collectively, the"Old Lease"). Landlord and Tenant desire to terminate the Old Lease and enter into this Lease. NOW, THEREFORE, in consideration of the mutual agreements set forth in this Lease, and for other good and valuable consideration, the receipt, sufficiency and fairness of which are hereby expressly acknowledged, Landlord and Tenant agree as follows: 1. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the rent hereinafter provided and subject to the terms and conditions of this Lease. 2. Termination of Old Lease. Effective as of the Commencement Date (defined in Section 3(a) of this Lease), the Old Lease shall terminate and cease forever and neither party shall have any continuing liability or obligation under the Old Lease, it being the intent of the parties that this Lease shall in all respects replace the Old Lease. 3. Term. (a) Initial Term. The initial term of this Lease (the "Initial Term") shall commence on March 1, 1997 (the "Commencement Date") and shall terminate on February 28, 2002 (the "Termination Date"). (b) First Option to Renew. Provided that Tenant is not in material default under any of the terms and conditions of this Lease, Tenant shall have the right and option to renew and extend the term of this Lease for one(1) additional period of five(5)years (the "First Renewal Term"). In the event Tenant elects to exercise its option for the First Renewal Term, it shall do so by giving Landlord written notice to that effect at least three (3) months, but not greater than six(6) months, prior to the expiration of the Initial Term. The First Renewal Term shall MEBB Doc.No.112428-3;April 30,1997(4:45pm) 1 • commence upon the expiration of the Initial Term. In the event Tenant elects to exercise its option for said First Renewal Term, said renewal term shall be upon the same terms and conditions as set forth herein with respect to the Initial Term. 4. Base Rent. In consideration for the subleasing of the Premises to Tenant, Tenant shall pay to Landlord annually in advance until the expiration of the term of this Lease, without notice or demand,Base Rent (the "Base Rent")in the amount of One and No/100 Dollars($1.00) per year, payable in annual installments. Tenant shall pay to Landlord the first annual payment of Base Rent within five business days following the Commencement Date. All payments shall be made to Landlord at the address required for notices as set forth in this Lease, or at such other address as Landlord shall from time to time designate. 5. Delivery and Condition of Premises. The parties acknowledge that Tenant is in possession of the Premises as of the Commencement Date. Except as provided elsewhere in this Lease, Tenant shall accept the Premises "AS IS". Landlord makes no warranties or representations regarding the condition of the Premises and shall have no liability to Tenant in connection therewith, and Tenant agrees to accept them in their present condition, based on Tenant's own inspection and judgment. 6. Use. Tenant shall use the Premises for the purpose of conducting a living history museum. Tenant also may use the Premises for general entertainment, dining, parking and recreational facilities, or for any other lawful uses, including without limitation a horror theme park or haunted house, a winter holiday lights display and other similar seasonal uses, provided that such uses do not detract from the Premises as a living history museum. Tenant shall not do or suffer anything to be done upon the Premises which shall cause an injury to the Premises, or violate any insurance requirement or any zoning, building, health, safety, environmental or other code or law, regulation or ordinance of any federal, state or local unit of government or agency (hereinafter called "Laws") which has jurisdiction over the Premises, and Tenant shall hold Landlord harmless against any and all costs, expenses, losses or damages incurred or suffered by, or imposed on Landlord as a result of any use of the Premises by Tenant in violation of any insurance requirement or Laws. 7. Title to Improvements. Tenant shall have the right to construct improvements located on the Premises. Tenant shall have the right to bring onto the Premises improvements relocated from locations not included within the Premises. The parties acknowledge that, during the term of the Old Lease, Tenant brought improvements unto the Premises. All improvements constructed on or brought onto the Premises by Tenant shall be owned by Tenant, including without limitation those itemized on Exhibit B attached hereto. Tenant shall maintain an inventory of the improvements, artifacts and other items of personal property kept by Tenant on the Premises and belonging to Tenant. The inventory shall contain for each item a description, date of acquisition, historical value, and the location of the item. A copy of this inventory shall be MEBB Doc.No.112428-3;April 30,1997(4:45pm) 2 made available to Landlord upon request of Landlord. Upon the expiration of the term of this Lease or any extension or renewal thereof, or upon sooner termination of this Lease, Tenant shall have the right to remove all improvements constructed on the Premises by Tenant or brought onto the Premises by Tenant. Tenant shall have no obligation to remove or cause or pay for the removal from the Premises of any improvements existing on the Premise prior to the commencement of the Old Lease. Tenant shall not have any obligation to restore the Premises to the condition which existed prior to construction of such improvements. 8. Inspection of Premises. Landlord and its representatives may enter the Premises after giving Tenant forty-eight (48) hours prior written notice in order to inspect, examine, or protect the Premises, for sale of Landlord's reversion, or for mortgage financing of Landlord's reversion. In cases of emergency, Landlord may enter upon the Premises without delivering to Tenant prior written notice, however Landlord shall use reasonable efforts to contact Tenant in the event of such emergency. 9. Condemnation. (a) Substantial Taking. If, by an exercise of the right of eminent domain or by conveyance made in response to the threat thereof(in either case, a "Taking"), all of the Premises are taken, or if so much of the Premises are taken that the Premises cannot be used by Tenant for the purposes for which they were used immediately before the Taking, this Lease will end on the earlier of the vesting of title to the Premises in the condemning authority, or the taking of possession of the Premises by the condemning authority(in either case the "Date of Taking"). Landlord and Tenant shall then divide the net award on account of the Taking (i.e., the total award less costs of obtaining the award, including attorney's and appraiser's fees) based on their respective interests in the Premises and the improvements located thereon, as determined by agreement or by any court of competent jurisdiction. (b) Partial Taking. If, after a Taking, the then remaining portion of the Premises can be used for substantially the same purposes for which they were used immediately before the Taking, this Lease shall remain in effect. (c) Tenant's Award. In connection with any Taking subject to this Section, Tenant may prosecute its own claim by separate proceedings against the condemning authority for additional damages legally due to it. The termination provisions of this Lease shall in no way limit the damages Tenant may claim for any taking. 10. Insurance and Casualty. (a) Tenant will maintain the following insurance on the Premises throughout the Initial Term, and any extension thereof, which insurance shall be written by companies legally qualified to issue such insurance: MEBB Doc.No.112428-3;Apri130,1997(4:45pm) 3 (i) Property insurance on all improvements located on the Premises for the replacement value of such improvements to insure against such risks as shall be insurable against under present or future forms of"All Risk" or "Special Form" property insurance policies which are standard for use in the State of Minnesota; and (ii) Flood insurance on all improvements located on the Premises if located within a Federally designated floodplain; and (iii) Commercial liability insurance to insure against claims for bodily injury, death, personal injury or property damage occurring on, in or about the Premises in the amount of at least $200,000 for any single claimant and at least $600,000 for any number of claims arising out of a single occurrence. Such coverage may consist of primary and excess coverage and shall be noncontributing with any insurance that may be carried by Landlord. Such policy shall name Landlord as an additional insured; and (iv) Workers' compensation insurance to the extent required by the laws of Minnesota. (b) Every policy referred to in this Section shall provide that it will not be canceled, modified or amended except after 30 days' written notice to Landlord and that it shall not be invalidated by any act or negligence of Landlord, Tenant, or any person or entity having an interest in the Premises, nor by occupancy or use of the Premises for purposes more hazardous than permitted by such policy, nor by any foreclosure or other proceedings relating to the Premises, nor by change in title to or ownership of the Premises and may include a waiver by the insurer of all rights of subrogation against any named insured. (c) Tenant shall deliver to Landlord originals of the applicable insurance policies or original or duplicate certificates of insurance or temporary binders in appropriate instances, all satisfactory to Landlord, evidencing the existence of all insurance which is required to be maintained by Tenant hereunder, such delivery to be made(i) upon the execution and delivery hereof, and (ii) at least ten (10) days prior to the expiration or cancellation of any such insurance. (d) At the election of Tenant, during the Initial Term of this Lease, all policies of casualty insurance which Tenant is obligated to maintain pursuant to Section 13(a)(i) of this Lease shall name only Tenant and its lender as loss co-payees. During the First Renewal Term, if the option for such period is exercised, at the election of Landlord, all policies of casualty insurance which Tenant is obligated to maintain pursuant to Section 13(a)(i) of this Lease shall name Landlord, Tenant and its lender as loss co-payee. (e) Landlord and Tenant hereby waive all rights to recover against each other or against the directors, officers, employees, agents, customers, invitees or business visitors of each MEBB Doc.No.112428-3;April 30,1997(4:45pm) 4 other, but only to the extent of insurance proceeds actually received by them for any loss or damage arising from any cause covered by any insurance required to be maintained pursuant to this Section or by any other insurance actually carried by them. Landlord and Tenant shall cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection with the Premises or any improvements or personal property located thereon. (f) Except for the negligent or intentional acts of Landlord, its agents, employees, or mortgagee, if any, Tenant shall indemnify, save harmless and, at Landlord's option, defend Landlord, its agents, employees and mortgagee, if any, from and against any and all liability, liens, claims, demands, damages, expenses, fees(including reasonable attorneys' fees) costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Tenant's use, occupancy, management or control of the Premise. (g) Except for the negligent or intentional acts of Tenant, its agents, employees, or mortgagee, if any, Landlord shall indemnify, save harmless and, at Tenant's option, defend Tenant, its agents, employees and mortgagee, if any, from and against any and all liability, liens, claims, demands, damages, expenses, fees(including reasonable attorneys' fees) costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Landlord's use, occupancy, management or control of the Premises. 11. Maintenance. Tenant shall, at its own cost and expense, maintain and keep the Premises in good repair and in a clean and orderly condition. Except as provided elsewhere in this Lease, Landlord shall not be required to maintain or repair the Premises or any improvements located thereon which are used by Tenant in connection with the Premises. 12. Right to Cure Defaults: Indemnity. If Tenant shall fail to keep or perform any of its obligations under this Lease relating to the Premises, Landlord may, at its option, after ten (10) days written notice to Tenant, cure any such default, and all costs and expenses incurred by Landlord in connection therewith shall be due and payable by Tenant to Landlord following notice thereof, and if any such amount is not paid within thirty (30) days after delivery of written request therefor by Landlord, Tenant hereby agrees to pay interest at the rate of twelve percent (12%) per annum on such amount from the date of Landlord's request for payment until Landlord actually receives such payment. Tenant hereby agrees to indemnify and hold harmless Landlord from any loss, costs, damage or expenses including without limitation, attorney's fees, incurred or paid by Landlord on account of any default or failure of performance by Tenant under this Lease, or on account of any liability relating in any way to Tenant's use or occupancy of the Premises. Landlord agrees to keep and perform any and all of its obligations under this Lease. If Landlord shall fail to keep or perform any of its obligations under this Lease, Tenant may, at its MEBB Doc.No.112428-3;April 30,1997(4:45pm) 5 option, cure any such default, and all costs and expenses incurred by Tenant in connection therewith, including reasonable attorney fees and expenses, shall be immediately due and payable by Landlord to Tenant, and if any such amount is not paid within thirty(30) days after delivery of written request therefor by Tenant, Landlord hereby agrees to pay interest at the rate of twelve percent(12%)per annum on such amount from the date of Tenant's request for payment until Tenant actually receives such payment. Landlord hereby agrees to indemnify and hold harmless Tenant from any loss, costs, damage or expenses including without limitation, attorneys fees, incurred or paid by Tenant on account of any default or failure of performance by Landlord under this Lease. 13. Assignment or Subletting. Tenant shall not assign this Lease or Lease all or a portion of the Premises to any other party without the prior written consent of Landlord, which consent will not be unreasonably withheld if the assignee or sublessee has a reasonably good reputation, is reasonably experienced and is in a reasonably sound financial position. Notwithstanding any assignment or subletting, Tenant shall not be relieved of its obligations hereunder, and a consent by Landlord to one assignment or subletting shall not constitute a waiver of the provisions of this section or a consent to any other assignment or subletting. Notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to license or sublease all or a portion of the Premises for a Halloween-oriented theme park, a winter holiday lights display, a trolley ride, a restaurant, or for any other purpose reasonably acceptable to Tenant, and shall have the further right to sublease a portion of the office space and apartment space located on the Premises, all without the prior consent of Landlord. 14. Alterations. Tenant shall have the right to make alterations to the improvements located on the Premises, where the cost of such alterations is less than $50,000.00, without the consent of Landlord. Where the cost of alterations to the improvements located on the Premises is equal to or greater than $50,000.00, Tenant shall not make such alterations without the consent of Landlord, which shall not be unreasonably withheld. All alterations and improvements made to the Premises by Tenant shall belong to Tenant and shall remain upon the Premises upon expiration of the term of this Lease or any extension or renewal thereof. 15. Waiver of Subrogation. Landlord waives its right of subrogation for damage to the improvements located on the Premises, contents therein, loss of use thereof, and/or loss of income, up to the amount of the insurance proceeds collected; and Tenant waives its right of subrogation for damage to property in the Premises, loss of use thereof, loss of income and accounts receivable. Landlord and Tenant agree to notify their respective insurance companies, in writing, of the provisions of this paragraph, and in the event either party cannot waive its subrogation rights, such party shall notify immediately the other party of the fact, in writing, so that the other party can consider obtaining necessary insurance coverage to insure against possible subrogation actions by the other party's insurance carrier. 16. Damage by Fire or Other Casualty. MEBB Doc.No. 112428-3;Apri130,1997(4:45pm) 6 (a) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys in excess of fifty percent(50%) of the replacement cost of the improvements located on the Premises, then Tenant may elect to terminate the Lease as of the date of such casualty by giving Landlord thirty(30) days written notice, which thirty days shall be measured from The date on which the event of damage or destruction occurred. (b) In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during the Initial Term, Tenant, at its own cost and expense, shall restore the Premises to a condition reasonably similar to the condition which existed prior to the commencement of this Lease. In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during any extension or renewal of the Initial Term, Tenant shall have no obligation to restore the Premises to the condition which existed prior to the commencement of the Lease, nor shall Tenant have any obligations to pay the cost of such restoration. (c) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys less than or equal to fifty percent (50%) of the replacement cost of such improvements and all fixtures, furniture, equipment and all personal property located in or used in connection with the Premises, then within a reasonable period of time following such destruction Tenant shall repair and restore the Premises and all fixtures, furniture, equipment and all personal property located therein. All insurance proceeds paid pursuant to the policy of insurance required by Section 13(a)(i) of this Lease shall be applied to the cost of such restoration. 17. Mechanics Liens. Tenant shall pay timely for labor and material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises, at the direction or with the actual consent of Tenant. Tenant shall not permit any mechanics or similar liens to remain upon the Premises incident to the foregoing. However, Tenant may contest the validity of such lien or claims, provided, Tenant shall provide reasonable security to insure payment and to prevent any sale, foreclosure or forfeiture of the Premises by reason of such non-payment, if required by Landlord. Upon a final determination of the validity of any such lien or claim, Tenant shall immediately pay any judgment or decree rendered against Tenant or Landlord, including, but not limited to, all proper costs and charges, and shall cause such lien to be released of record without costs to Landlord. Tenant shall provide Landlord with copies of all notices of liens Tenant actually receives, and shall provide Landlord with information regarding any lien of which Tenant has reasonable knowledge to the best of its information and belief and without further investigation. MEBB Doc.No.112428-3;April 30,1997(4:45pm) 7 18. Tenant's Equipment and Personal Property. Tenant at its sole cost and expense, shall provide certain furniture, trade fixtures and/or trade equipment necessary for Tenant's use and occupancy of the Premises. Such furniture, movable trade fixtures and/or movable trade equipment, and replacements thereof or additions thereto, as well as movable furniture and other movable personal property shall be and remain the property of Tenant. At Tenant's sole cost and expense, all of the property shall be removed on or before the last day of the term hereof or any extensions or renewals thereof, or upon the earlier termination of the term. If Tenant chooses not to remove its property, such property shall be deemed abandoned and shall become the property of Landlord, or if removed by Landlord, Tenant shall pay the costs of such removal. 19. Signs. Tenant may provide and install, at its expense, during the full term of this Lease, and any extension or renewal thereof, a sign or signs the form of which shall conform to any and all governmental rules, regulations, codes, ordinances, laws with respect to same. The cost of installing, maintaining, changing and removing all signs shall be borne by Tenant, and all signs shall be maintained in such a manner so as to be sightly and in good condition and repair. 20. Taxes and Assessments. In the event real estate taxes become due and payable with respect to the Premises, Tenant shall pay at least fifteen (15) days before they become due, and before any fine, penalty, interest or costs may be added thereto: (a) all taxes, license fees, assessments, levies, and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, whether or not now customary or within the contemplation of Landlord and Tenant, which are at any time during the duration of this Lease, imposed or levied upon, reasonably attributable to, or assessed against(i) the Premises, (ii) any Base Rent or other sums payable hereunder, (iii)this Lease or the leasehold estate hereby created, (iv) the operation, possession or use of the Premises, (v)the cost or value of any equipment, furniture, fixtures and other personal property located in or upon the Premises, or the cost or value of any leasehold improvements made in or to the Premises by or for Tenant, and (vi)the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; and (b) all sales, value added, ad valorem, use and similar taxes at any time levied, assessed or payable on account of the acquisition, ownership, leasing, operation, possession or use of the Premises by Tenant. All real estate taxes assessed for the last year of the term hereof, but payable after the expiration or other termination of the term hereof, if any, shall be adjusted and prorated so that the Landlord shall pay its prorated share for the periods preceding and following the term hereof, and the Tenant shall pay its prorated share for the Initial Term. MEBB Doc.No.112428-3;April 30,1997(4:45pm) 8 Tenant shall not be required to pay any franchise, estate, inheritance, transfer, income or similar tax of Landlord unless such tax is imposed, levied or assessed in substitution for any other tax, assessment, charge or levy which Tenant is required to pay pursuant to this section. If any assessment may legally be paid in installments, Tenant may pay such assessment in installments; in such event, Tenant shall be liable only for installments which become due and payable during the Initial Term and any extension thereof. 21. Consent To Leasehold Mortgage. Notwithstanding anything in this Lease to the contrary, Tenant shall have the absolute right, without Landlord's consent, to mortgage this Lease and Tenant's leasehold interest by one or more Leasehold Mortgages, provided, however, that no such mortgages shall extend to or affect Landlord's reversionary interest and the estate of Landlord in and to the Premises. Landlord consents to any exercise of remedies by any leasehold mortgagee, including acceptance of an assignment, deed or other conveyance in lieu of foreclosure. 22. Quiet Enjoyment. Landlord warrants that it has the right to lease the Premises and that so long as Tenant shall substantially perform each and every material term, condition and covenant to be performed and observed by Tenant hereunder or under any mortgage entered into by Tenant, Tenant shall have peaceful and quiet use and possession of the Premises, without hindrance on the part of Landlord, and Landlord shall defend Tenant in such peaceful and quiet use and possession under Landlord. 23. Short Form Lease. Tenant shall not record this Lease without the written consent of Landlord; however, the parties shall join in the execution of a memorandum or so-called "short-form" of this Lease in the form attached hereto as Exhibit C for the purposes of recordation. Tenant shall record the memorandum or so-called short-form of this Lease and shall pay the fees required to be paid in order to record such short-form lease. 24. Utilities and Services. Tenant shall pay, as they become due and payable and before they become delinquent, all charges for electricity, heat, air conditioning, gas, fuel, telephone and any other utility service furnished to the Premises during the term of this Lease or any renewal or extension thereof. Landlord shall: (a) grade, maintain, repair and plow the snow from all streets located within the Premises; (b) maintain a working sanitary sewer lift station for sewage generated by residences and bathrooms located on the Premises; (c) provide, maintain and repair a working well for drinking water; (d) provide an electrical transformer and utility lines to all building located on the Premises to be served with electricity; (e) periodically mow all grassy areas; (f) provide weekly garbage removal service from all parts of the Premises, but excluding the restaurant located on the Premises; and (g) pay Tenant's storm sewer utility fund bills. Tenant shall pay the cost of all utilities, except for sanitary sewer, storm sewer and water, the cost of which shall be paid by Landlord. MEBB Doc.No.112428-3;April 30,1997(4:45pm) 9 25. Default. (a) Events of Default. The following events are Defaults under this Lease: (i) The failure of Tenant to pay in full, within five days after the date the same becomes due, any rent payable to Landlord hereunder; (ii) The failure of Tenant to pay in full, within five days after the date the same becomes due, any other sums payable by Tenant hereunder either to Landlord or to others or the failure of Tenant to pay when due any sums of money payable to any leasehold mortgagee of Tenant; (iii) The failure of Tenant to comply in a timely manner with any requirement or obligation under the provisions of this Lease; (iv) The vacancy or desertion of the Premises by Tenant for a period of more than thirty days, unless such vacancy is the result of a fire, windstorm or other casualty, and the Tenant commences restoration of its improvements on the Premises within such thirty day period and thereafter proceeds diligently to restore the improvements on said Premises as soon as practicable; (v) The filing of a petition in bankruptcy or for the reorganization of all or a portion of Tenant's property (either by Tenant or by a third party in an involuntary proceeding) and the same is not removed, released or discharged within sixty(60) days following the initial filing. (b) Notice: Opportunity to Cure. Upon the occurrence of any Default in the payment of any rent or other money payable to Landlord hereunder, if Tenant fails to cure such Default within thirty(30) days after Landlord gives Tenant written notice thereof, such uncured Default in the payment of rent or other money payable to Landlord hereunder shall become an Event of Default. Upon the occurrence of any other Default, if Tenant fails to cure such other Default or Defaults within thirty (30) days after Landlord gives Tenant written notice thereof, such other uncured Default or Defaults shall become an Event of Default; except that if any such other Default is of a character that requires additional time to be cured, such other Default shall not become an Event of Default if Tenant diligently commences in good faith to cure such other Default upon receipt of the notice specifying the nature of such other Default and Tenant thereafter continuously and diligently attempts to cure such other Default. (c) Remedies. If an Event of Default shall have occurred, Landlord shall have the right to take any or all of the following actions: MEBB Doc.No.112428-3;April 30,1997(4:45pm) 10 (i) Give Tenant written notice of Landlord's termination of this Lease. Upon the giving of such notice, the Lease term and the estate hereby granted shall expire and terminate on such date as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the Lease term, all rights of Tenant hereunder shall expire and terminate; (ii) The Landlord may, without terminating this Lease, reenter or repossess the Premises, by force, unlawful entry and detainer proceedings or otherwise, and dispossess and remove Tenant or other occupants therefrom, and may relet all or part of the Premises as Tenant's agent, and Tenant shall pay Landlord the difference between the rent due for the remaining term at the time of reentry or repossession and any amount received or to be received under such reletting for the remaining term. (iii) In addition to any other legal remedy, Landlord may enter on and into the Premises and cure any then uncured Event of Default at the expense and for the account of Tenant. Any expenses, liabilities, penalties, or other damages of any kind incurred by Landlord in such action, including'reasonable attorneys' fees, shall be immediately due and payable by Tenant to Landlord as rent due hereunder; or (iv) Landlord may obtain any manner of equitable relief in order to compel Tenant to observe and perform its obligations hereunder. (v) Any other remedy permissible at law or at equity. (d) Termination. Upon the termination of this Lease by Landlord, all rights of Tenant, and of all persons claiming by, through, or under Tenant, whether by assignment, mortgage, Lease, or other conveyance or encumbrance (except with respect to those persons with whom Landlord has agreed otherwise in writing) shall be terminated and extinguished. 26. Estoppel Certificates. [Intentionally Omitted] 27. Tenant's Termination Right. Tenant may terminate this Lease upon delivering to Landlord thirty(30) days prior written notice. 28. Miscellaneous Terms. (a) Time. Time is of the essence of this Lease with respect to the due performance of the terms, covenants and conditions herein contained, and all provisions herein relating thereto shall be strictly construed. MEBB Doc.No.112428-3;April 30,1997(4:45pm) 1 1 (b) Full Agreement. The parties acknowledge that this Lease embodies the full and complete agreement and understanding between the parties. This Lease supersedes and replaces any prior agreements and understandings between the parties, either oral or written. (c) Amendments and Modifications. None of the covenants, terms or conditions of this Lease, to be kept and performed by either party, shall in any manner be altered, waived, modified, changed or abandoned except by a written instrument, duly signed and delivered by both parties. (d) Governing Law. This Lease shall be construed for all purposes in accordance with and governed by the laws of the State of Minnesota, without giving effect to its conflict of law rules. (e) Headings. The marginal or topical headings of the several articles, paragraphs and clauses are for convenience only, and are not to be construed as part of this Lease and do not define, limit or construe the contents of this Lease. (f) Severability of Provisions. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. (g) Covenants Binding on Successors. All of the covenants, agreements, conditions and undertakings contained in this Lease shall extend and inure to and be binding upon the successors and assigns of the respective parties hereto, the same as if they were in every case specifically named, and wherever in this Lease reference is made to either of the parties hereto, it shall be held to include and apply to, wherever applicable, the successors and assigns of such ply. (h) Attorneys' Fees and Expenses. If either party hereto shall commence any legal action or proceeding against the other by reason of the alleged failure of the other party to perform or keep any term, covenant or condition of this Lease by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover from the non-prevailing party, in addition to court costs, reasonable attorneys' fees and expenses to be fixed by the court. (i) No Third-Party Beneficiaries. There are no third-party beneficiaries to this Lease, either express or implied. Nothing herein contained shall be construed to grant or confer upon any person or persons, firm, corporation or governmental authority, other than the parties hereto, their successors and assigns, any right, claim or privilege by virtue of any covenant, agreement, condition or undertaking contained in this Lease. MEBB Doc.No.112428-3;April 30,1997(4:45pm) 12 (j) Acknowledgment. The parties hereto acknowledge and represent that they have had the opportunity to be represented by legal counsel of their choosing in connection with their consideration and execution of this Lease. The parties further represent and declare that in executing this Lease, they have relied solely on their own judgment, belief an knowledge, and that they have not been influenced to any extent by any representations or statements made by the other party or their counsel, except those expressly stated in this Lease. (k) Drafting of Agreement. This Lease is the product of negotiations between the parties. As such, the Lease shall not be construed against one party or another merely because one party drafted some part or all of this Lease. (1) Counterparts. This Lease may be executed in any number of counterparts, all of which will be considered one and the same Lease notwithstanding that all parties hereto have not signed the same counterpart. Signatures on this Lease which are transmitted by facsimile shall be valid for all purposes. Any party shall, however, deliver an original signature on this Lease to the other party upon request. (m) Waiver. No waiver by either party of any breach of any term, covenant or condition hereof shall be deemed a waiver of the same or any subsequent breach of the same or any other term, covenant or condition. No covenant, term or condition of this Lease shall be deemed waived unless waived in writing. (n) Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partnership, or joint venture, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of landlord and tenant. (o) Force Majeure. If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God or other deities, or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. (p) Notices. All notices to or demands upon a party desired or required to be given under any of the provisions of this Lease shall be written and sent by registered or certified mail, return receipt requested, postage pre-paid or by an express mail delivery service, addressed to the person intended to be notified at the following address: MEBB Doc.No.112428-3;April 30,1997(4:45pm) 13 If to Landlord: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Attention: City Administrator If to Tenant: Minnesota Valley Restoration Project, Inc., do Murphy's Landing 2187 East Highway 101 Shakopee, MN 55379 Attention: Executive Director Any person may, at any time, or from time to time, notify the other persons named herein in writing of a substitute address for that above set forth, and thereafter notices shall be directed to such substitute address. Notice given as aforesaid shall be sufficient service thereof and shall be deemed given as of the date received, as evidenced by the return receipt of the registered or certified mail or the express mail delivery receipt, as the case may be. The effective date of any mailed notice shall be three (3) business days after delivery of the same to the United States Postal Service and the effective date of any courier service notice shall be as shown on the courier service's receipt. (q) Number and Gender. The use herein of a singular term shall include the plural and use of the masculine, feminine or neuter genders shall include all others. (r) Consents and Approvals. Except when a different standard is specifically provided in this Lease, whenever the consent or approval of a party is required under this Lease, such consent or approval shall not be unreasonably withheld, conditioned or delayed. If any provision of this Lease requires Landlord or Tenant to do anything to the satisfaction of the other party, the party whose satisfaction must be obtained shall not unreasonably or arbitrarily refuse to state its satisfaction with such action. If either party decides to deny such consent or approval, or to withhold its statement of satisfaction with the other party's performance, it shall simultaneously state its reasons for doing so. If either party shall request the other party's consent, approval or statement of satisfaction with respect to any matter hereunder, the other party's failure to reply to such request within ten days (after delivery to the other party of copies of all necessary information and documents that are available and necessary or appropriate to enable the other party to decide whether to grant such consent, approval or statement of satisfaction) shall be deemed a consent, approval or statement of satisfaction, as the case may be. (s) Authority. The parties hereto each hereby represent and warrant to each other that all consents or approvals required of third parties (including, but not limited to, any Board of Directors) for the execution, delivery and performance of this Lease have been obtained and that MEBB Doc.No.112428-3;April 30,1997(4:45pm) 14 each party has the right and authority to enter into and perform its covenants contained in this Lease, and that this Lease is binding upon each party in accordance with its terms. (t) Brokerage. Each party hereby warrants to the other that it has had no dealings with any broker or agent in connection with this Lease. Each party covenants to pay, hold harmless, indemnify and defend the other from and against any and all costs, expenses or liability for any compensation, commissions and charges claimed by any broker or agent as a result of dealings with it with respect to this Lease or the negotiation hereof. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. MEBB Doc.No.112428-3;April 30,1997(4:46pm) 15 IN WITNESS WHEREOF,this Lease was executed on the date first above written. "Landlord" City of Shakopee By Jeff Henderson Its Mayor By Mark McNeill Its City Administrator By Judy Cox Its City Clerk "Tenant" Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing By Shirley Olson Its Executive Director THIS INSTRUMENT WAS DRAFTED BY: Maslon, Edelman, Borman & Brand A limited liability partnership Suite 3300 90 South Seventh Street Minneapolis, MN 55402 (612) 672-8200 (SAKaye) MEBB Doc.No.112428-3;April 30,1997(4:45pm) 16 EXHIBIT A PREMISES LEGAL DESCRIPTION MEBB Doc.No.112428-3;April 30,1997(4:45pm) 17 EXHIBIT B PREMISES DEPICTION MEBB Doc.No.112428-3;Apri130,1997(4:45pm) 18 EXIT C MEMORANDUM OF LEASE MEBB Doc.No.112428-3;April 30,1997(4:45pm) 19 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is made effective as of 1997, between Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing ("Tenant"). and the City of Shakopee ("Landlord"). WITNESSETH: For good and valuable consideration paid and to be paid by Tenant to Landlord, Landlord has leased to Tenant, upon the terms and conditions more particularly set forth in a Lease dated , 1997 (the "Lease") made between Landlord and Tenant, that certain premises described on Fxhihit A attached hereto (the "Premises"). The initial term of the Lease is five (5) years, commencing on , 1997. Tenant may, upon terms and conditions of the Lease, renew the term for two (2) successive periods of five (5) years each, each such period to commence at the expiration of the initial term or subsequent renewal terms of the Lease, as the case may be. This Memorandum of Lease is executed and is to be recorded and/or registered for the purpose of giving notice of the Lease and is in no way intended to supersede or vary the terms or conditions of the Lease. Nothing contained herein shall be construed to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Lease, which shall in all things control. Tenant shall upon expiration or earlier termination of the Lease execute and acknowledge a written termination, in recordable form, of the Lease and this Memorandum of Lease. Additional information concerning the terms and provisions of the Lease may be obtained by contacting Landlord or Tenant. IN WITNESS WHEREOF, the parties have caused this Memorandum of Ground Lease to be executed effective as of the date first appearing above. MEBB Doc.No.112428-3;April 30,1997(4:45pm) IN WITNESS WHEREOF,this Lease was executed on the date first above written. "Landlord" City of Shakopee By Jeff Henderson Its Mayor By Mark McNeill Its City Administrator By Judy Cox Its City Clerk "Tenant" Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing By Shirley Olson Its Executive Director STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by Jeff Henderson, Mark McNeill, and Judy Cox, the mayor city administrator and city clerk, respectively of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public MEBB Doc.No.112428-3;April 30,1997(4:45pm) 21 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by Shirley Olson, the Executive Director of Minnesota Valley Restoration Project, Inc., d/b/a Murphy's Landing, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Maslon, Edelman, Borman&Brand A limited liability partnership Suite 3300 90 South Seventh Street Minneapolis, MN 55402 (612) 672-8200 (SAKaye) MEBB Doc.No.112428-3;April 30,1997(4:45pm) 22 EXHIBIT A LEGAL DESCRIPTION MEBB Doc.No.112428-3;April 30,1997(4:45pm) 1 '4E5 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiations DATE: May 1, 1997 INTRODUCTION: The Council will be asked to go in to a closed session following the regular portion of the City Council meeting to discuss the status of labor negotiations. If appropriate,the Council may, after that meeting,return to an open session to ratify a contract with the Public Works Teamsters Local 320. O" "dL LQ Mark McNeill City Administrator MM:tw /y E.6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Library Study Committee DATE: May 1, 1997 INTRODUCTION: The Council is asked to authorize the creation of an ad hoc committee,to study Shakopee library facilities. BACKGROUND: At a workshop held April 28th,the Council discussed the possibility of moving the library to another existing building in Shakopee. That generated questions relating to the suitability of the existing building for a library. Discussion at that workshop was for the need to establish a committee specifically to study the issues surrounding a potential replacement library. Questions that such a group might research would be: 1. The suitability of the existing building. 2. Possibilities for replacement buildings, including acquisition and renovation costs. 3. Possible sources of funding -public, private. 4. Should the library be moved from the existing building, what would disposition or replacement use of that building be? 5. Obtain input from Scott County regarding library operations. A group would be formed to study this. It would seem that a relatively small size, perhaps 5 - 7 people, would be manageable for this purpose. • , . RECOMMENDATION: If the Council wishes to form a committee to study this,I recommend that advertisement be made of its availability and purpose, and that the names of the candidates be brought back to Council for appointment,probably at the first meeting in June. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the establishment of an ad hoc library study committee, with membership of between 5 and 7 people, and that notification be made of its forming so as to seek applicants interested inthe future of the library in Shakopee. • Mark McNeill City Administrator MM:tw CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and CityCouncil ly. E. Y • FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Conference Attendance DATE: April 30, 1997 INTRODUCTION: The Council is asked to authorize attendance by the City Administrator to upcoming conferences. BACKGROUND: The employment agreement that I have with the City requires Council to give authorization prior to me attending State and National conferences. There are two conferences which I ask that Council allow me to attend: 1. Minnesota City Management Association(MCMA) - Brainerd- May 7th- 9th. 2. International City Management Association(ICMA) -Vancouver, British Columbia, September 14th- 17th. BUDGET IMPACT: Registration for the ICMA conference is $435; airfare is $528. I will be sharing a room which will keep lodging under$100 ($U.S.)per night. The only other costs will be meals and miscellaneous ground transportation. Funds for attendance at both conferences were provided for in the 1997 Administration Budget; the funds are available. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize attendance at both the MCMA conference May 7th - 9th, and ICMA conference September 14th- 17th. WISCNA410 Mark McNeill City Administrator MM:tw MR*► t 4 I • ; 167 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Over-Height Fence Conditional Use Permit (CUP) Fee MEETING DATE: May 6, 1997 Introduction: Councilor Zorn has requested that the Council consider reducing the application fee for a CUP for"over-height" fences. Under the present fee schedule, such CUPs fall under the "all other" category, which has an application fee of$200.00. Staff's understanding is that Councilor Zorn proposes to reduce the fee to $100.00, which is the fee charged for review of home occupation conditional use permits. As home occupation permit and over-height fence permit requests involve a similar level of staff review, staff does not see any particular objection to the proposed fee reduction. Alternatives: 1. Offer and pass a motion approving the fee reduction, and directing staff to prepare the appropriate resolution amending the 1997 fee schedule. 2. Do not approve the proposed reduction. 3. Table the matter for additional information. Action Requested: Direction from Council regarding it's wishes in this matter. 7/c „OW" R. Michael Leek Community Development Coordinator CUPFENCE.DOC/RML 1