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Home My WebLink About12/17/1996 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 17, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Approval of agenda 3] Liaison reports from Councilmembers 4] Mayor's report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Presentation by Scott County HRA on Blocks 3 and 4 *7] Approval of minutes: November 19 and 26, 1996 *8] Approve bills in the amount of$796,156.20 9] Communications *A] Larry Moonen resignation from Cable Commission & Access Corporation 10] Public hearing on the 1997 tax levy and budget -Res. 4584 and 4585 11] Recommendations from Boards and Commissions *A] Shenandoah Place Planned Unit Development No. 10 located south of Eastway Avenue extended and west of Shenandoah Drive extended - Ord. No. 469 B] Amending City Code for oversize garages in R1-C zone *C] Preliminary Plat of Krystal Addition located west of CR-79 and north of the bypass - Res. No. 4562 *D] Final Plat of French Trace 1st Addition located south of 17th Avenue extended and east of Sarazin Street - Res. No. 4589 12] General Business A] Police and Fire *1. Hiring of two fire fighters *2. Purchase of firefighting gear *3. Cleaning contract for Police Department TENTATIVE AGENDA December 17, 1996 Page -2- 12] General Business continued B] Park and Recreation C] Community Development Commission 1. Fee waiver request by Light of the World Church 2. Initiating the vacation of right-of-way for the county campus - Res. No. 4590 3. Vacation of easement within RLS #134 -Res. 4571 - tabled 11/19 4. Environmental and geotechnical work for Blocks 3 & 4 5. Development agreement - ADC Telecommunications, Inc. 6. Extension of Development Agreement with Centres Group D] Engineering *1. Petition for street light at Marschall Road and Valley View Road *2. TH 300 Turnback Agreement - Res. 4586 and 4587 E] General Administration *1. Pawn shop licenses *2. Massage center license *3. Tattoo license *4. Cigarette licenses S. Community center contractor payment 6. Cable franchise revenues 7. Amoco ground water monitoring well location on City property 8. Administrative assistant position 9. Personnel and benefits administrator position 10. Economic development coordinator position 11. Health insurance contributions - City 12. City attorney selection *13. Donation from VFW 14. Long term employee retirement benefits 13] Recess for an executive session to discuss labor negotiations and matters permitted under attorney-client privilege 14] Re-convene 15] Other Business 16] Adjourn *Anticipated to be routine items. SCOTT COUNTY HRA SHAKOPEE HOUSING AND RETAIL PROJECT PRELIMINARY FINANCING STRUCTURE Sources of Funds Tax Status Rating Housing Revenue Bonds Tax Exempt Possible General Obligation Housing Revenue Bonds Tax Exempt "A" Revenue Bonds Taxable Possible Interest Earnings Uses of Funds Relative Amount Housing Construction Large Retail Construction Large Public Space Construction Large Capitalized Interest Small Costs of Issuance Small Misc. Development Costs Small Revenues Expenses Housing Rents & Parking Fees Housing Operating Expenses County HRA Special Benefits Tax Retail Rents Retail Operating Expenses Public & Common Area Maintenance Prepared by Springsted Public Finance Advisors December 11 , 1996 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA NOVEMBER 19, 1996 Mayor Henderson called the meeting to order at 6:00 P.M. with Councilmembers DuBois, Zorn, Sweeney, and present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomsen, City Attorney. Mayor Henderson recessed the meeting for an executive session to discuss labor negotiations and matters permitted under attorney- client privilege. Mayor Henderson re-convened the meeting at 7:08 P.M. with the following additional persons present: Gregg Voxland, Finance Director; Mark McQuillan, Park and Recreation Director; and John Delacey, Engineering Technician. Mayor Henderson stated that the City Council just met in executive session to discuss litigation relating to the placement of tribal property into trust status and that no action was taken. The following item was added to the agenda: 13D-d) Science Nature Area Environmental Action Project. The following items were deleted from the agenda: 13B-c) Awarding bids on trunk sewer and lateral sewer - Res. No. 4577, 13B-d) Awarding bids on Valley Park 13th improvements - Res. No. 4572, and 13E-f) Follow up from November 18th worksession on personnel issues and non general fund budget. Sweeney/Link moved to approved the 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. DuBois/Zorn moved to approve the October 15, 1996 minutes. Motion carried unanimously. Link/DuBois moved to approve bills in the amount of $794,522.30. Motion carried unanimously. Official Proceedings of the November 19, 1996 Shakopee City Council Page -2- Mr. McNeill reported receiving a letter from ADC Telecommunications and explained that ADC would like to acknowledge the City's participation for an opening of their new facility in Shakopee next fall. He also praised Mr. Leek for his support. Sweeney/Zorn moved to receive and file the communication from ADC Telecommunications. Motion carried unanimously. The public hearing for proposed assessments for CR-16 utilities between CR-17 and CR-83 was opened. Mr. Loney reported that the project was originally ordered June 21, 1994. Improvements have been completed and the assessment roles prepared. He used an assessment map to review the assessments, noting there are three segments for assessments associated with improvements. In segment I the assessment rates for trunk sewer were $929.98 per acre, lateral sewer assessments totaled $7,509.84 per acre, and sewer assessments were 100% of the cost for each service line to each property. In segment 2 the lateral sewer assessment is $3,451.70 per acre. Sanitary sewer service and water services were assessed 100% to each individual parcel and calculated per parcel. This segment is referred to as the VIP diversion sewer and is part of the Chaska interceptor agreement. Segment 3 is the cost to eliminate the existing lift station and is all assessed to Valley Green Industrial Park. Services were assessed to each parcel exactly what it cost for each parcel. The actual bids received for this project were approximately 75% higher than estimated in the feasibility report due to rock excavation quantity and unit prices were estimated much lower than the actual bids. Mr. Loney explained that an error was discovered which involved the Eugene Hauer parcel #29-908040-1. The correct acreage is 5.93 acres rather than 7.38 as previously calculated. The assessment role for segment two has been revised to indicate this reduction and a new notice will be sent to all property owners. Mr. Loney explained that a prior agreements for Eagle Creek Junction 3rd Addition, Outlot A, owned by Dean Walden and with Howard Schmitt involves limiting the costs of sewer and water lines f• Official Proceedings of the November 19, 1996 Shakopee City Council Page -3- in this area to a specific percentage. Mr. Loney recommended that Howard Schmitt's assessment therefore be adjusted in addition to Mr. Walden's. In addition, in segment I a 200' wide lateral sewer benefit for the VIP should not have been assessed and the assessments for lateral sewer benefit in this section will have minor adjustments in calculations. Mr. Loney added that a reduction in this area will increase assessments for the rest of this segment by 5% for trunk acreage and 8% for lateral sewer. A discussion ensued regarding additional costs and those who feel that their assessment is greater than the benefit to their property were instructed to initiate their protest in writing before leaving this meeting in order to be a valid notice to appeal their assessments. It was also explained that the City cannot assess more than the benefit to the property. Due to changes previously mentioned and a sewer realignment, Mr. Loney recommended a continuation of this public hearing in order to make adjustments and prepare a final assessment roll to bring it back to the Council for adoption on December 3rd, 1996. Mayor Henderson asked if anyone present in the audience wished to address the proposed assessments. David Sasseville, Lindquist & Vennum, 4200 IDS Center, Minneapolis, MN, approached the podium and stated that he was representing 15 property owners proposed to be assessed for project 1994-11. He stated that he was present to make a record of fact that his clients object to the special assessments. He explained that the majority of their concerns related to cost increases of 50% or more than they were originally led to believe they would be. He said his clients feel they are being asked to bear an undue portion of the expenses and said that project costs were never intended to include amounts beyond a competitive bid and extra excavation costs. He added that the over run costs should be deducted. Mr. Sassevill also recommended tabling this public hearing. Don Reed, 1833 E. 10th, approached the podium and stated he felt he was a victim of circumstances. He said he had been assessed $4200 for a pie shaped parcel which the county took 17 feet of, and asked how the parcel could be worth $4200.00. He said he paid $1900.00 for a connection privilege. He explained that he had paid for a water line to be brought into his building and a plumber to connect it, for an investment totaling $20,000 for a sewer he did not need. •i Official Proceedings of the November 19, 1996 Shakopee City Council Page -4- He also said he had given the City an easement to bring the sewer through. He said that drilling and dynamiting occurred without any testing and as a result his well went out. He said that this parcel could not be built on and therefore should not be classified as a parcel. He said the Engineering Department had made a mistake and this was not fair. Dave Kincs, 2860 Eagle Creek Blvd. , approached the podium and stated that he did not want the sewer at a cost of $4200.00 and will not be using it. He added that the assessment is more than 10% of the entire value of his property and does not feel he has received a benefit and added that the curb interferes with his plow. Mr. Loney explained the bid and feasibility study processes as they relate to estimates and actual assessments. He said that the cost estimate was done without the benefit of soil bores and this is where the under-estimation of excavation came from. There was no cost overrun with the bid, there was more quantity rock there and the contractor did not overrun his contract. He said the actual bids went over the feasibility estimate. Mr. Sweeney explained that the basis for the appeal process is that the benefit is less than the assessments assigned to the property. In response to a question as to whether TIF Funds could be used for the overrun costs due to rock formation, Mr. McNeill said that the State has limitations on the use of TIF Funds but that he would look into this. Councilmember DuBois stated that she will be abstaining from discussion and voting since she is a property owner. Cliff Stafford, 2238 Eagle Creek Blvd. , approached the podium and said he was assured that the project was planned correctly and that the assessments would be done fairly. He said he was assessed $4,000.00 over what he was originally told. He asked about a $1000.00 service fee, adding that it was his understanding that $1000.00 was part of the $4000.00. He said his yard was dug up three times and his drive way damaged. He explained that he had put in a $8,000.00 driveway a few years ago and it has not been corrected to his satisfaction yet. He asked what percentage rate the City pays compared to the 6.5% he would be charged if the assessments are not paid within 30 days. He said that the benefit was to the community with the improvement of the road to Canterbury Official Proceedings of the November 19, 1996 Shakopee City Council Page -5- and Mystic Lake. He also stated that speed has become a problem in this area. Don Parrott, 3550 Windcrest Dr. , Elko, MN, approached the podium and asked if it were true that soil borings were not performed, and also why they were not performed prior to estimating quantities. Mr. Loney explained that he did not know because he was not employed with the City at that time. In response to a question as to how the contractor did not overrun his estimated quantities, Mr. Loney explained that the feasibility study estimate is a preliminary estimate of the cost. The actual design is done, quantities are more accurately measured and the contractors bid on those quantity estimates on a unit bid price and the bid was 75% over the feasibility study estimate. He explained that the cost increased 75% from the feasibility study estimate to the final design and the actual bid that it is not a contractor overrun. Mr. Leek explained the difference between a feasibility study and the actual bids based on a final design. Don Ueland, 2767 Hauer Trail, approached the podium and stated he pP had paid $17,000 in assessments since 1969 and he did not agree with the assessment. Phil Sheurer, Jr. , 2078 Eagle Creek Blvd. , approached the podium and stated he had a problem with the City /County for not taking borings. He explained that he has worked in the construction field and is familiar with boring tests, and added that boring tests are performed first. He said the problem is that the City or the County failed to take borings first. He explained that there is still work to complete on his driveway and added that he did not want a culvert as it is a waste of money. Tom Bish, Heritage Development, approached the podium and addressed soil borings. He asked who the competitive bidders were against Barbarosa and stated that he has $122,000 in assessments. He said he did not believe that benefit could be proved for his property as there is a large drainage way with public benefit to the larger stream which took away property that could have been developed and is not being considered in open space calculations. He said he was willing to pay his share of the assessments but would like to see how the calculations were done. He said he felt the assessment was too high. Official Proceedings of the November 19, 1996 Shakopee City Council Page -6- Jim Underwood, 737 S. Scott, (owner of property along Eagle Creek Boulevard) approached the podium and stated that he had been in the contracting business for many years. He addressed soil borings in relation to the feasibility report and stated that costs were increased without notification to those affected. Mr. Link explained that the City should not have approved the project until the property owners were notified of the increase in cost as a result of the bids. Dave Kincs, 2860 Eagle Creek Blvd. , approached the podium and asked who pays the portion for non-benefitting properties. Mr. Loney replied that these are shared project costs. There being no further comments from interested citizens, Mayor Henderson continued the public hearing to the Tuesday, December 3rd, 1996, at 7:00 P.M. in order to prepare additional information and to recalculate the assessment rolls. A break was taken at 8:17 P.M. The meeting re-convened at 8:28 P.M. The public hearing for proposed assessments for CR-16 curb and gutter between CR-17 and 1,000' East of CR-83 was opened. Mr. Loney used a map to show the project area. He explained that the City's policy is to assess the curb and gutter improvement costs to the benefitting properties at 50%. The total cost to be assessed is $73,874.82. The cost per front foot were $3.75. It was noted that the Catholic cemeteries will not be assessed according to statute, and this will not change any assessments. David Sesseville, Lindquist & Vennum, 4200 IDS Center, Mpls, MN, approached the podium on behalf of clients to protest the curb and gutter assessments. He said the problem is with the disparity between the feasibility study and the actual assessments. He also said there was a problem in assessing the residential owners for curb and gutter costs and the improvements to this roadway due to speeding concerns, changing from a 2-lane to a 4-lane roadway in front of their homes and suggested that this decreases their value. Don Parrott approached the podium and asked if the curb and gutter charges were included in the assessment and was informed that this is a separate assessment (from the earlier hearing) . Official Proceedings of the November 19, 1996 Shakopee City Council Page -7- Jim Thomsen explained that anyone wishing to file an appeal must address both assessments separately but need only file one letter of appeal. There being no further comments from interested citizens, Mayor Henderson closed the public hearing. Zorn/Sweeney offered Resolution No. 4568, A Resolution Adopting Assessments for County Road 16, from County Road 17 to approximately 1,000 Feet East of County Road 83 Including Curb and Gutter, Project No. 1995-3, and moved its adoption. Sweeney/Zorn moved to amend Resolution No. 4568 by removing the assessment to the Catholic Cemeteries on parcel No. 27-908070-0 for $1436.25. (Cncl.Sweeney noted that the Council is forbidden by statute to assess cemeteries. ) Motion carried unanimously with Councilmember DuBois abstaining. Motion carried unanimously on main motion as amended with Councilmember DuBois abstaining. The public hearing for proposed assessments for Vierling Drive public improvements between CR-15 and Presidential Lane, Project 1994-7, Resolution No. 4558 was continued. In response to a question as to whether there is a percentage of property owners that must comprise the abutting property when construction is petitioned to the City or whether anyone may petition, Mr. Thomsen said that the City must follow the precise rule set forth in Chapter 429 of the statute for public improvement projects. He added that the requirements differ depending upon whether the project is City initiated or by a petition of the property owners. Councilmember Link stated that he would be abstaining from discussion and from voting. Mayor Henderson asked if there were any comments from the members of the audience. There was no response. Mayor Henderson closed the public hearing. Zorn/DuBois offered Resolution No. 4458, A Resolution Adopting Assessments for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7, and moved its adoption. Motion carried unanimously with Councilmember Link abstaining. Official Proceedings of the November 19, 1996 Shakopee City Council Page -8- The public hearing for applications for a Minnesota currency exchange license for Shakopee Check Cashing and Game Financial Corporation was opened. Judith Cox reported that the State has received applications for renewal of currency exchange licenses from Game Financial Corp. and Shakopee Check Cashing. Both applicants have provided surety bonds and the Chief of Police has advised that he is unaware of any reason to object to granting the licenses. There being no further discussion the public hearing was closed. DuBois/Sweeney offered Resolution No. 4573, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Game Financial Corporation for a Currency Exchange License at 1100 Canterbury Road, and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4574, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Shakopee Check Cashing for a Currency Exchange License at 1147 Canterbury Road, and moved its adoption. Motion carried unanimously. Mr. Leek reported that Valley Green Business Park and the Shiely Company have requested approval of the final plat of Valley Park 13th Addition. The Planning Commission recommends approval subject to conditions noted in the draft Resolution No. 4570. He added that because two parties are involved it is likely there will be developer's agreements related to their individual parcels. In response to a question as to the impact of Mr. Adam's (Shakopee Public Utilities) memo, Mr. Leek explained that it sets in place the next steps to complete the process of the vacation of the utility easement requested by Valley Park in connection with this plat. Negotiations have occurred relating to how utility service will be provided. The signing of the agreement and formal action to vacate the easement by the Shakopee Public Utilities Commission is to take place on December 9, 1996. Sweeney/Zorn offered Resolution No. 4570, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat for Valley Park 13th Addition, and moved its adoption. Motion carried unanimously. Mr. Leek requested the vacation of utility easements in connection with the platting of Valley Park 13th Addition. He explained that the intent of the Public Utilities Commission is to retain their 30 Official Proceedings of the November 19, 1996 Shakopee City Council Page -9- foot north-south easement. If the Resolution is approved Mr. Leek recommended modifying the Resolution to delete the existing legal description and inserting "as legally described on Exhibit A" and attaching an exhibit with the legal description for the portion of the easement that SPUC will vacate. He added that the signing of the agreement and formal action to vacate the easement by the Public Utilities Commission will take place December 9, 1996. Sweeney/DuBois moved to table the vacation of the easement within Valley Park 13th Addition until December 17, 1996. Motion carried unanimously. Cncl.Zorn explained that the Economic Development Authority asked him to bring to the Council's attention that there is language in the statute that states that the Commissioners shall be compensated for each meeting. In response to a question, Jim Thomsen explained that "shall" means mandatory. However, many EDA members are not paid in other metropolitan areas. He said the issue is what is appropriate and the amount is not listed. Discussion followed. Zorn/Sweeney moved to direct staff to research payment to Economic Development Authority members and come up with a recommendation for the next meeting. Motion carried unanimously. Mr. Leek . explained that there is a tax increment financing (application) fee if someone is interested in pursuing tax increment financing with the City and that the Economic Development Authority is concerned that in the future the fee be collected. No action was requested or recommended. Mayor Henderson explained that the recommendation was that before any company requesting such action appears before the Council, that the appropriate fees are paid. Mr. Leek reported that the proposed text amendment regarding the definition of townhomes and setback requirements for townhomes has been prepared. The change would require a front yard setback from any public street in the development to be no less than 20 feet. In order to implement this change a change in the definition of a townhouse was recommended. Sweeney/DuBois moved to approve the proposed text amendments relating to townhomes and directed staff to prepare the appropriate ordinance for their consideration. Official Proceedings of the November 19, 1996 Shakopee City Council Page -10- A discussion ensued regarding esthetic appearance, density, and setbacks for public streets. Mr. Leek explained that the density would not change, however buildings could be placed closer to public streets than previously allowed but this would not affect how close structures are to one another. He added that the intent is to allow flexibility in having a more consistent appearance within the development. Motion carried 4-1 with Councilmember Zorn opposed. Mr. Leek reported that inquiries have been received for potential sites for communication towers and staff was directed to take the necessary steps to implement a moratorium and to research the issue and formulate a proposed ordinance pertaining to the most suitable locations for such towers and regulations. Interim Ordinance No. 468 has been prepared which would establish E. moratorium on the construction of wireless communication towers within the City and will run until March 7, 1997. He recommended approval of the ordinance and directing a study be conducted thereon. A discussion ensued regarding legal issues relating to a moratorium and Mr. Thomsen said he did not feel the time recommended was unreasonable and was comfortable that the proposed ordinance was in compliance with section 704 of the federal communications act. Gregory Corstead, 7900 Xerxes Ave. , Bloomington, Mn, representing (APT) American Personal Tel Com, approached the podium and noted his objection to the City imposing a moratorium on the siting of telecommunications towers. He requested the moratorium not be imposed and said that because of the nature of the product they can work with staff to develop appropriate tower locations without a moratorium. He said it is their intention to exercise the Federally granted license rights the company has received as it needs to realize some return on their investment. He requested that if a moratorium is imposed that it be no longer than 60 days and modifying section 3.03 so that during that time they would be allowed to submit applications so they can begin processing them. He also suggested that they can make their experience in the industry available to staff and can be called upon as a resource in the study of resources that staff feels are important and participate in the regulatory process. Sweeney/Zorn offered Ordinance No. 468, An Interim Ordinance Regulating Transmission and Reception Facilities of Commercial Wireless Telecommunication Services; Establishing A Moratorium, and Directing a Study be Conducted Thereon, and moved its adoption. Official Proceedings of the November 19, 1996 Shakopee City Council Page -11- Motion carried unanimously. Mr. Leek explained that because he has only recently taken over the direction of the Community Development Department he sought the evaluation of Mr. Thorp's immediate supervisor and as a result, recommended termination of Mr.Thorp's probation period and an increase in pay to Step II. Zorn/Sweeney moved to terminate Steve Thorp's probationary status, and increase his pay to Step II of the Pay Plan. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4569, A Resolution of the City of Shakopee, Minnesota, Amending Appeal Resolution No. CC-713, A Resolution Upholding the Decision of the Board of Adjustment and Appeals to Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Approving the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, and moved its adoption. Motion carried unanimously. A recess was taken at 9:30 P.M. The meeting re-convened at 9:38 P.M. Mr. Loney reported receiving letters assuring that the assessments for Vierling Drive Improvements, Project No. 1995-6 will be paid by Gold Nugget Development. Sweeney/Zorn offered Resolution No. 4557, A Resolution Adopting Assessments For Vierling Drive, From County Road 79 To County Road 77, Project No. 1995-6, and moved its adoption. Motion carried with Councilmember DuBois absent. Mr. Loney reported that bids were taken to provide sanitary sewer service to the plats of French Trace and Prairie Village. An appraisal has also been obtained for the purchase of easements mainly for the trunk sewer per trunk sewer policy. The property owners have been approached with easement values from the appraisal. The "taking factor" for permanent easements varies from 20% to 30% and is approximately 9% for temporary easements. He said the property owners have requested 100% for the permanent easements as opposed to the appraised value which is approximately 25% for permanent easements. The property owners agreed with the temporary easements of approximately $7,000.00 and are requesting $1,000.00 for severance damages. Mr. Loney recommended authorization to Official Proceedings of the November 19, 1996 Shakopee City Council Page -12- continue easement acquisition negotiations and to adopt Resolution No. 4576 to begin eminent domain proceedings to obtain the easements. A discussion ensued relating to condemnation of property and who pays for it. Mr. Thomsen explained that it is a public purpose to build trunk sewer so that other property can be served. Mr. Loney explained that there is a public improvement needed in this area and this is paid for out of the trunk sanitary sewer fund which developers have been charged for, for this purpose. He said the issue is that there is already a need to provide public sewer and asked for direction regarding payment or whether to continue to negotiate. A discussion ensued regarding lateral sewer, trunk sewer charges and who pays for them. Zorn/Sweeney offered Resolution No. 4576, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, and moved its adoption. Motion carried with Councilmember DuBois abstaining and Councilmember Link opposed. Zorn/Sweeney moved to authorize staff to continue negotiations with the property owners. Motion carried unanimously with Councilmember DuBois abstaining. Sweeney/DuBois moved to accept the resignation of Officer David Nelson from the Shakopee Police Department with regrets, effective November 7, 1996. Motion carried unanimously. Mr. McNeill recommended changing the Code Enforcement Officer pay plan to be in line with the other seasonal city employees by removing the top two steps and reducing the steps to four. Sweeney/Link offered Resolution No. 4578, A Resolution Amending Resolution No. 4549, Which Amended The 1996 Pay Schedule for the Code Enforcement Officer, and moved its adoption. Motion carried unanimously. Mr. McQuillan reported that, as requested, the Park Advisory Board has reviewed the possibility of designating bike lanes along 10th Avenue and has determined that designated bike lanes on 10th Avenue could improve bike safety on that street but not to a great extent. He said an Urban/Suburban Bicycle Street Compatibility Evaluation Official Proceedings of the November 19, 1996 Shakopee City Council Page -13- of 10th Avenue was conducted. The results indicated a low stress level for bicyclists, which is good for all adult bicyclists. He explained that to obtain a lower stress rating the elimination of parking on both sides of the street would be required. However, this does not always improve safety. This would also create a problem in the school zones. One option would be to allow parking at certain times of the day. Another option would be to allow parking only within the school zone. The Park Advisory Board was recommending that no change be made at this time. Sweeney/Zorn moved to receive and file the memo regarding 10th Avenue Bike Lanes (by Mark McQuillan dated 10-16-96) . Motion carried unanimously. Mr. McQuillan proposed to eliminate the top and bottom steps of the Pay Plan for part-time and seasonal employees in the Parks and Recreation Department to be consistent with all part-time employees. He explained that there are some positions at less than minimum wage and recommended raising those to meet or exceed the minimum wage law. Zorn/Sweeney offered Resolution No. 4575, A Resolution Amending Resolution No. 4368, Adopting The 1996 Pay Schedule For The Officers And Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Mr. McQuillan explained that the original Facility Use Policy for the Community Center was re-drafted to separate various policies and users of facilities to have policies that coincide with the use of those facilities which would allow for easier and more effective administration. He said that the new fees would not take effect until after the first of the year. Sweeney/Zorn moved to approve the revised Recreation Facility Use Policy to be effective January 1, 1997. (City Clerk's Document #245) A discussion ensued as to whether there are situations where the need for a supervisor could be waived. Motion carried unanimously. Mr. McQuillan reported that the Elementary teachers at Sweeney School are in the process of applying for a Science Nature Area Environmental Action Grant through St. Olaf College in Northfield, Minnesota. He explained that they plan to develop an interpretive Official Proceedings of the November 19, 1996 Shakopee City Council Page -14- nature trail along the north side of the wooded area of Tahpah Park and recommended approval. DuBois/Link offered Resolution No. 4579, A Resolution of the City of Shakopee, Minnesota, Approving the Request to do A Science Nature Area Environmental Action Project in Tahpah Park by the Students and Teachers of Sweeney Elementary School of Shakopee Public Schools, Minnesota, and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4563, A Resolution Certifying The Cost of Weed Cutting for Collection on the Tax Rolls payable 1997, and moved its adoption. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4564, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1997, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4566, A Resolution Amending Resolution No. 4354 Adopting the 1996 Budget, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved the endorsement of the proposed 1997 LMC Legislative Policies. Motion carried unanimously. Mr. McNeill explained that there are two long-term employees planning to retire at the end of the year. They had initially asked for assistance from the City for health insurance costs upon their retirement. Mr. McNeill said there is no policy addressing this at this time and would not recommend getting involved in this. However, the Council may wish to review an incentive for early retirement in addition to their standard retirement benefits. He referred to a similar situation in 1991 which provided for a lump sum payment in which an employee serving 30 years or more would receive a lump sum in the amount of 18% of one year's salary. Mr. McNeill recommended that this be a benefit which may be rescinded at any time should the City decide it is not in their best interest. Should this be adopted the lump sum payments would be $8, 060.90 for Mr. Bisek, and $6,725.76 for Mr. Pass. A discussion ensued regarding recent retirees. A discussion ensued regarding a method to accumulate money to use as opposed to a grant at the end of 25 years of service. Official Proceedings of the November 19, 1996 Shakopee City Council Page -15- A discussion ensued relating to setting a precedent. Mr. Thomsen explained that there is a possibility that there might be arguments relating to the terms and conditions of employment and it would be subject to labor negotiations. A discussion ensued regarding bonuses and Mr. Thomsen explained that public entities cannot give a bonus. Payment must be in consideration for something else. Mayor Henderson recommended deferring discussion of this matter until after the closed session to discuss labor negotiations. Sweeney/DuBois moved to table discussion on long term employee retirement benefits. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4565, A Resolution Accepting The Public Improvements For South Parkview 2nd Addition, and moved its adoption. Motion carried with Councilmember Link abstaining. A discussion ensued regarding licensed massage therapists and staff was asked to research other city's ordinances to see how the ordinance might be relaxed so that the word "massage therapists" would not be used with "certified therapists". DuBois/Sweeney moved to direct staff to research the ordinances of other city's relating to licensed massage therapists and certified therapists. Motion carried unanimously. Mayor Henderson recessed the meeting at 10:33 P.M. in order to continue the executive session that was recessed earlier. Mayor Henderson re-convened the meeting at 11:21 P.M. and stated that no action was taken during the executive session. Councilmembers agreed to leave the discussion on long term employee retirement benefits on the table. Sweeney/Zorn moved to adjourn. Motion carried unanimously. The meeting was adjourned at 11:23 P.M. lllri • ;th S. Cox Esther TenEyck 4 y Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL MEETING SHAKOPEE, MINNESOTA NOVEMBER 26, 1996 Mayor Henderson called the meeting to order at 5:00 P.M. with Councilmembers Robert Sweeney, Burl Zorn, and Cletus Link present. Councilmember Jane DuBois was absent. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Jim Thomsen, City Attorney. Mr. Dave MacGillivary, Springstead Inc., reported on the bids that were received this morning on the Series 1996-A General Obligation Improvement Bonds in the amount of$2,555,000. He said the proceeds will fund three improvement projects and will be paid for by special assessments against the benefitting properties. He said an extremely large number of bids were received and the best bid was from Piper Jaffrey, Inc., at 4.617%. Sweeney/Zorn offered Resolution No. 4580, A Resolution Authorizing Issuance and Sale of $2,555,000 General Obligation Improvement Bonds, Series 1996A, and moved its adoption. Motion carried unanimously. Zorn/Sweeney moved to adjourn the Special Meeting. Motion carried unanimously. The meeting adjourned at 5:03 P.M. ' /Uttsik ith S. Cox ity Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE lemorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: December 12, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 12/12/96 . 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 $3, 060 .54 . Included in the bill list is a check to FMG/Tsumura in the amount of $193, 721.43 which is the full second half tax settlement . Included in the bill list is a check for ISD 720 in the amount of $73, 346 . 00 which is the taxes generated by the referendum levy in TIF districts #1 - #6 . Action Requested Move to approve the bills in the amount of $796, 156 .20 . t CITY OF SHAKOPEE • EXPENSES BY DEPARTMENT 12/12/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 102 67,193 81 12 CITY ADMINISTRATOR 232,160 310 185,610 80 13 CITY CLERK 132,040 1,308 109,677 83 15 FINANCE 307,410 3,429 264,004 86 16 LEGAL COUNSEL 260,030 11,177 .200,643° 77 17 COMMUNITY DEVELOPMENT 472,930 8,038 290,530 61 18 GENERAL GOVERNMENT BUILDINGS 132,510 3,455 120,872 91 31 POLICE 1,608,500 25,497 1,395,833 87 32 FIRE 427,490 7,593 354,397 83 33 INSPECTION-BLDG-PLMBG-HTG 228,930 2,005 202,609 89 41 ENGINEERING 411,460 4,152 333,316 81 42 STREET MAINTENANCE 805,320 6,456 521,087 65 44 SHOP 116,650 5,257 94,350 ' 81 46 PARK MAINTENANCE 304,660 1,518 281,086 92 91 UNALLOCATED 794,899 147 272,033 34 TOTAL GENERAL FUND 6,318,079 80,443 4,693,240. 74 17 COMMUNITY DEVELOPMENT 463,400 32,911 398,868 -' 86 TOTAL TRANSIT 463,400 32,911 398,868 - 86 W M a N a a ' H H H H 04 H HH 00 O O O O 0 0 0 0 O O O 0 0 0 0 W OM NK 0 z wtow U om o 'd' dr dr in to H H M M 0 N HH N H to O O m m H rn o ao CO CO CO H rte. 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H t0 N0 U x N A r A Z 0 M * M * O x in V 0 V 0 0 w rn Io O.4 lc O O1 In a0 sr to M• O 01 01 0 0 d' In In d' 0 0 N In t0 t0 H d' cr In a0 to O O t0 t0 W O O N 111 W d' cr O N H N to t- O t0 O1 H 01 N LO t0 N cr N O In O1 N H M N W N In t0 N 01 d' LCI to t0 V} M a) t0 N H 0 H L} H N N M N M H z - 1 V} - I N 01 H N M 01 M HO a) tO 01 d' M t0 N N i/} V} 01 W V} 0 N V} d' V} V} N 01 O H V} H {? H H t/} V} N M V} V} V} in- V} 01 t0 01 01 H [� M N 0 0 H C.) 0 H 0 `Z Z W H H CIA 0 w w w Z H E4 0 H H O > a Z 0 > O W Z 0 W >1 W 0. W H W H P.' H FC 'a 0 W X Cn M a 4 >1 cx rt. H p; H HH 01 CO H CO g A W El 0 E Z Z X 0 cn m H H AG H X cn W O H Ill co aG H d' 0 t0 WH r 0 c4 r4 0Z ,0 01 0 w 0 01 O m p; Z 0 Is.. U O W !1' C] 01 4 4 X 01 .a 01 H a H W W Cn P 0 U H W H �4 U W H (Yl H Is. MI P.' Is W H W .'L" H c1' in 0 0 H d' N 01 0 H 0 0 0 0 0 0 U 0 H H N N N N M M d' d' H M cr Ln W t0 0 H H CO d' d' d' d' d' d' d' N N N N CO CO a H 4:k It it it 4* 4# It it 3t 1t It it 4t it 4t it U Z z z z Z Z Z Z z z Z z z z Z z z z O O Gt. G. Ct. rt. C*. G. W rt. W r. r. rt. Ct. [i, rt. rt. rt. 9CITY OF SHAKOPEE i /9• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Resignation- Shakopee Access Corporation DATE: December 11, 1996 INTRODUCTION: The Council is to accept the resignation of Larry Moonen.from the Shakopee Access Corporation and Cable Communications Advisory Commission. BACKGROUND: The attached letter from Larry Moonen states his desire to resign as member of the Shakopee Cable Access Corporation and Cable Communications Advisory Commission, effective December 31st. I spoke with Mr. Moonen about the normal term of office,which would expire on February 28th, and asked him to stay on until that time, so that advertising for a replacement may be consistent with other vacancies. While he will be gone much of January, he did agree to do this. Mr. Moonen has served since March 5, 1985 as a member of the cable television groups. RECOMMENDATION: We recommend that the resignation of Larry Moonen be accepted, effective February 28, 1997. ACTION REQUIRED: If the Council concurs, it should,by motion, accept with regret the resignation of Larry Moonen from his membership on the Shakopee Cable Access Corporation, and Cable Communications Advisory Commission, effective February 28, 1997. .1Aka (1/4kiikkci Mark McNeill City Administrator MM:tw CC: Cable Advisory Commission A GO VIDEO SALES November 30, 1996 CITY ADMINISTRATOR CITY OF SHAKOPEE 129 HOLMES ST. S. SHAKOPEE MN. 55379 ATTENTION: MARK MCNEIL SUBJECT: NOTIFICATION OF RESIGNATION DEAR SIR: EFFECTIVE DECEMBER 31ST, 1996, IPI HEREBY RESIGN MY VOLUNTEER POSITIONS AS MEMBER OF SHAKOPEE ACCESS CORPORATION AND CABLE ADVISORY POSITION. Sincerely, 1 ;? / LARRY OONEN • 12760 N. SHANNON DRIVE, SHAKOPEE MN.55379, it) City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Hearing For The Adoption Of The 1997 Tax Levy And Budget Resolutions DATE: December 5, 1996 Introduction and Background The state requires that the tax levy and the budget be adopted at a hearing subsequent to the public hearing on the tax levy and budget which was December 4th. The Department of Revenue has indicated that the hearing may be held at a regularly scheduled council meeting. Resolution Number 4584 finally adopts the tax levy for payable 1997 . The gross tax levy for 1996/97 is $102, 400 more than for 1995/96 . It includes reimbursement to the General Fund for 1996/97 debt service levies transferred from the General fund in 1996 . Resolution Number 4585 adopts the 1997 Budget . The budget must be adopted after the tax levy. Action • Open the hearing and call for comments . • Offer Resolution Number 4584, A Resolution Setting the 1996 Tax Levy, collectable In 1997, and move its adoption. • Offer Resolution Number 4585, A Resolution Adopting the 1997 Budget, and move its adoption. • Close the hearing. G g1 oxland Finan e Director RESOLUTION NO. 4584 A RESOLUTION SETTING 1996 TAX LEVY, COLLECTIBLE IN 1997 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied as the tax levy in accordance with existing law for the current year, collectible in 1997, upon the taxable property in the City of Shakopee, for the following purposes: GENERAL FUND LEVY $2, 887, 742 TRANSIT LEVY $ 293, 309 FIRE REFERENDUM $ 295, 115 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4585 A RESOLUTION ADOPTING THE 1997 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 Budget with the estimated revenues and appropriations for the General Fund and the Special Revenue Funds as shown below is hereby adopted. Estimated Revenue Expenditures & Other Sources & Other Uses General Fund - (Personnel, Supplies & Capital Outlays) Mayor and Council $ 89, 410 Administration 249, 980 City Clerk 166,720 Finance 322,780 Legal 217, 320 Planning 451,290 Government Buildings 146, 940 Police 1,703, 140 Fire 448, 990 Inspection 245,070 Engineering 425, 780 Street 781, 860 Shop 126, 540 Park 350, 420 Unallocated 218, 490 Transfers 404, 140 Total General Fund 6, 212, 544 $6, 348, 870 Transit Fund 701, 972 496,770 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1996. Mayor of the City of Shakopee ATTEST: City Clerk IL . ,4. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Shenandoah Place Planned Unit Development DATE: December 17, 1996 DISCUSSION At its December 5, 1996, meeting, the Planning Commission recommended approval of the Shenandoah Place Planned Unit Development(PUD)to the City Council. In response, staff prepared a memorandum for your review, which has been included with the City Council Agenda packet for December 17, 1996. However, on December 16, 1996, staff received, via fax, a request from the applicant to table any action on this item. Please find attached, as Exhibit A, a copy of the applicants request. ALTERNATIVES 1. Table action on Shenandoah Place PUD to a date certain. 2. Do not table action on Shenandoah Place PUD. STAFF RECOMMENDATION Staff recommends that action be tabled on Shenandoah Place PUD to a date certain (Alternative No. 1). ACTION REQUESTED Offer a motion to table action on Shenandoah Place PUD to a date certain, and move its approval. / - / Julie Klima Planner I is\commdev\cc\19 96\cc 1217\pudshpl t.doc 11L�. iV �V 1J•17 ncml IrVL IJLYLLVf I'ILI1l 1 EXHIBIT A 111 HERITAGE o lila! DEVELOPMENT 1 � �'�v gu DEC 1 b 1996 December 15, 1996 Julie Klima City of Shakopee 129 Holmes Street Shakopee, M!4 55379 Julie Klima: Heritage Development Inc.of Minnesota is requesting to be tabled for its December 17th, City Council meeting. The reason for this request is to revisit the submittal and meet with members of the Council first hand before proceeding. Thank-you for your time and efforts. Sincerely, ti Thomas Bisch Heritage Development cc:Members of the City Council 450 East County Road D•tittle Canada,MN 55117•Phone:(612)481-0017•Fax:(612)481-1518•Tall Free:(800)644.0017 20720 Watertown Road,Suite 102•Brookfield,WI 53186*Phone:(414)796.8129•Fax:(414)796-8149 i� 1/. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Shenandoah Place Planned Unit Development DATE: December 17, 1996 Discussion: Heritage Development has submitted an application for approval of Shenandoah Place Planned Unit Development (PUD). The subject site is located south of Eastway Avenue extended and west of Shenandoah Drive, and is zoned Urban Residential (R-1B). The PUD would contain single family and multi-family dwellings. The total site area is 39.9 acres. A copy of the December 5th memoranda to the Planning Commission has been attached for your reference. At its December 5, 1996,the Planning Commission recommended approval of the PUD to the City Council, subject to the conditions provided in the memoranda. Alternatives: 1. Approve Shenandoah Place Planned Unit Development, subject to conditions. 2. Do not approve Shenandoah Place Planned Unit Development. 3. Table action on this item, and request additional information from staff and/or the applicant. Planning Commission Recommendation: The Planning Commission has recommended the approval of Shenandoah Place Planned Unit Development(Alternative No. 1). Action Requested: Offer Ordinance No. 469, and move its approval. • ulie Klima Planner I i:\commdev\c61996\cc1217\pudshpl.doc PUDSHPL.DOC/I 1 ORDINANCE NO. 469 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND COMMONLY KNOWN AS THE PROPERTY SOUTH OF EASTWAY AVENUE EXTENDED AND WEST OF SHENANDOAH DRIVE, FROM URBAN RESIDENTIAL(R-1B) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 10. WHEREAS, the owner of the land described on Exhibit A, commonly known as the property south of Eastway Avenue extended and west of Shenandoah Drive, has submitted an application requesting rezoning from Urban Residential(R-1B)to Planned Unit Development Overlay Zone No. 10; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, 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 request to the City Council. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, commonly known as the property south of Eastway Avenue extended and west of Shenandoah Drive, from Urban Residential (R- 1B) to Planned Unit Development Overlay Zone No. 10. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; Section 3 - The following procedural actions must be taken: 1. 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. 2. Building permits shall not be issued for areas abutting Eastway Avenue until such time as Eastway Avenue has been constructed. 3. The Planned Unit Development shall provide a minimum of twenty(20) percent of the land area for open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. The following uses are allowed in the following areas per the Planned Unit Development Plan: PUDSHPL.DOC/I 2 • Single family residential use is allowed on the portion of the site that is north of the drainage way. This area is limited to a maximum gross density of 2.5 dwelling units per acre. • Townhome use is allowed on the portion of the site that is south of the drainage way. This area is limited to a maximum gross density of 7.39 dwelling units per acre. 5. As a part of the preliminary plat application submittals, the applicant is required to submit a stormwater management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 6. The following criteria will be used for the final Private Street/Driveway layout and design: • Private driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long then a turn-around is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet in width with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Will not be turned over to the City in the future. • Private Street Jogs. Private street jogs(intersections less than 150 feet) are not allowed. 7. A wetland delineation will be required for this site. If there are not wetland impacts, the applicant will be required to submit an application for an exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval, per the Wetland Conservation Act requirements. 8. The applicant shall revise the landscape plan to meet the requirements of the City Code. For this development, the City Code would require a minimum of 203 trees and 202 shrubs as landscaping units. These landscaping units shall meet the minimum sizes required in Section 11.60, Subd. 8.0 of the City Code. 9. The off-street parking areas shall meet the requirements of Section 11.61 of the City Code. 10. A development agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. PUDSHPL.DOC/I 3 Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1996. PUDSHPL.DOC/I 4 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. PUDSHPL.DOC/I 5 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Shenandoah Place Planned Unit Development(PUD) DATE: December 5, 1996 SUE INFORMATION Applicant: Heritage Development Location: South of Eastway Avenue extended and west of Shenandoah Drive Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North Urban Residential (R-1B) South Light Industrial (I-1) East Major Recreation (MR) West Urban Residential (R-1B) Light Industrial (I-1) INTRODUCTION Heritage Development has submitted an application for approval of Shenandoah Place Planned Unit Development (PUD). The subject site is located south of Eastway Avenue extended and west of Shenandoah Drive, and is zoned Urban Residential (R-1B) (Please see Exhibit A). BACKGROUND The Planning Commission reviewed the concept plan for this proposal at its July 11, 1996, meeting. The public hearing for this request was opened at the September 5, 1996, meeting and continued to the September 19, 1996. meeting. At the September 19 meeting, public testimony was taken and the public hearing was closed. However, a decision was tabled to the October 3 meeting. At the October 3 meeting, the applicant requested that a decision be tabled to the November 7 meeting. At the November 7 meeting, discussion occurred regarding the open space provided on the site. The applicant then requested that a decision be tabled to the December 5 meeting, in order to allow time to research/revise the open space issue. CONSIDERATIONS 1. The proposed planned unit development would contain a mixture of single family residences and townhomes on approximately 39.9 acres, for a gross density of 5.087 dwelling units per acre. r 2. 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". 3. The draft 1995 Comprehensive Plan has designated this area for single family residential development. 4. The subject site is 39.9 acres in size. The developer is proposing the following uses within the proposed development: a) 47 single family residential lots b) 156 townhome units c) Open space area. 5. A PUD is required to provide 20% of the,land area as open space. Open space is common area that can be accessed and utilized by all residents within the development. Open space shall not include any impervious surface (such as ponding or drainage areas). At the November meeting of the Planning Commission, the applicant requested that credit be given to the open space requirement. Based on discussion with the Planning Commission, the applicant has revisited the open space issue and has submitted a revised proposal. Please find attached as Exhibit B written correspondence, as well as a drawing submitted by the applicant. Following the November Planning Commission meeting, the applicant met with staff. At this meeting, the applicant requested information regarding the area of the drainageway, such as side slope area and the typical impervious area. The Assistant City Engineer provided that information to the applicant, as evidenced in Exhibit B. The drawing that has been attached as part of Exhibit B illustrates the area of the drainageway that the applicant is proposing should be included in the open space calculations. As noted in the letter from the applicant, the additional area from the drainageway adds another 2.07 acres of open space to the project. This brings the total open space acreage to 7.45 acres. However, the City Code requires that 20% of the project area be provided as open space. Given the total acreage of the site, staff calculates a 20% open space requirement as a minimum of 7.98 acres. Which calculates as a difference of 0.53 acres of open space. The issue facing the Planning Commission is whether or not to allow portions of the drainageway (which had to be purchased as easement by the city) to be included in area calculated as open space. Should the Planning Commission decide to accept less than 20% (7.98 acres) open space, Condition No. 3 must be revised accordingly. 6. The applicant has not requested any variances to the `Zoning Ordinance for this development. 7. The Building Official has commented that sewer, water, and building requirements may vary depending upon the townhome or condominium classification. 8. Pending assessments exist for this site. 9. Park dedication information for this development will be addressed at the Preliminary Plat review stage. 10. The Engineering Department has reviewed the proposal and has provided comments. For your reference, these comments can be found in the September 5, 1996, staff memo. Staff has incorporated these comments into the conditions of approval. Because some of the necessary revisions may require revisions to the plat, the specific design attached may need to be amended slightly. 11. The applicant has submitted a landscape plan for this development. Upon further review of the landscape plan, the applicant must revise it in order to meet the requirements of the City Code. A condition regarding this issue has been added to the conditions of approval. STAFF RECOMMENDATION Staff recommends approval of Shenandoah Place Planned Unit Development, subject to the following conditions: 1. 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. 2. Building permits shall not be issued for areas abutting Eastway Avenue until such time as Eastway Avenue has been constructed. 3. The Planned Unit Development shall provide a minimum of twenty (20) percent of the land area for open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. The following uses are allowed in the following areas per the Planned Unit Development Plan: • Single family residential use is allowed on the portion of the site that is north of the drainage way. This area is limited to a maximum gross density of 2.5 dwelling units per acre. • Townhome use is allowed on the portion of the site that is south of the drainage way. This area is limited to a maximum gross density of 7.39 dwelling units per acre. 5. As a part of the preliminary plat application submittals, the applicant is required to submit a stormwater management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 6. The following criteria will be used for the final Private Street/Driveway layout and design: • Private driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long then a turn-around is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet in width with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Will not be turned over to the City in the future. • Private Street Jogs. Private street jogs (intersections less than 150 feet) are -not allowed. 7. A wetland delineation will be required for this site. If there are not wetland impacts, the applicant will be required to submit an application for an exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval,per the Wetland Conservation Act requirements. 8. The applicant shall revise the landscape plan to meet the requirements of the City Code. For this development, the City Code would require a minimum of 203 trees and 202 shrubs as`landscaping units. These landscaping units shall meet the minimum sizes required in Section 11.60, Subd. 8.0 of the City Code. 9. The off-street parking areas shall meet the requirements of Section 11.61 of the City Code. ALTERNATIVES 1. Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Shenandoah Place Planned Unit Development. 4. Table a decision in order to allow the applicant and/or staff time to provide additional information. ACTION REQUESTED Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to conditions, and move its approval. Julie Klima Planner I iaBcommdev\boaa- • • • f _ \/// Av - . . ' EXHIBIT - -- _,- -\\\........._ ..- - • • woo orj! ,• 111 r _ - - • - . , 1 • • f:• _ 1 r :• y L _ { N• .iJ_ �F '.5 i 1 • • ■ x i : . !is . 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Pr �� DAT mw =INN ®rh DVial mar :Am v. , it, - . • Il 64, , al IF., MINIS -EINE qiiii, A )1 /44 14111 -40•41101.,..4" 10/20P • *#A 6 "V.1 I FrO ir Mb ,40 k*#4 ..� r WiliT*�4:21i la' 'l , . • .�� it/151c. • =- 3a.ai `P�r1 SiOlin= A 400 :s-;+pit• .�� s� .l* � � EXHIBIT B 111111, HERITAGE REck 1 J DEVELOPMENT NOV 2 1 1996 November 20, 1996 Mayor and Planning Commission Members City of Shakopee 129 Holmes Street Shakopee, MN 55379 Mayor and Planning Commission Members: On Friday,November 15, 1996, Heritage Development Inc.of Minnesota and the City's Planning and Engineering Staff met to discuss the Shenandoah Place proposal previously submitted as a Planned Unit Development for your comment. Based on comments from the Planning Commission and Staff it is clear that Heritage Development has done an extremely poor job of explaining the open space issues of the project and more specifically in regard to the drainage ditch. Enclosed is an Inter-office memorandum we received from your staff after the November 15th meeting and an exhibit showing the additional open space areas. Using the acreage determined by your engineer along with the previous open space calculations I have included the following table: Total Total Open Space Acreage Percentage Open Space: 5.38 13.5 (outside of drainage ditch& ponding) Open Space: 6.29 15.8 (plus area within drainage easement but outside of side slopes) Open Space: 7.45 20.9 (plus area within drainage easement but outside of side slopes) and(side-slopes not impervious) Additional, we will include additional site amenities such as benches along trails,increased landscaping within the drainage easement or recreational/picnic equipment within the larger open space areas to the project as directed by the Planning Commission. The overall density of this project remains 5.087 dwelling units per acre. Heritage e Development will also work with staff to accommodate the additional right-of-way needed for Shenandoah Ave.. Thomas D.Bisch Heritage Development of Minnesota 450 East County Road D•Little Canada, MN 55117•Phone:(612)481-0017•Fax:(612)481-1518•Toll Free:(800) 644-0017 20720 Watertown Road,Suite 102 •Brookfield,WI 53186•Phone:(414) 796-8129•Fax: (414) 796-8149 C ' • Iii %° CO ill ---�I --__..„..,________,-V f-------. p Q -`� , :,....-:,.;:-......-,-,, ,.:-...,i,---,- . • M. ' ' J r _ rp , I £ £ i:sse ?, \or 2 ,... , t Lass \...„, Di% , h\--It ( . , '' '. lil.,.7: (':(:. 7. -,m1 . r ) 1 1 1.11 . \\ 5 1 ��J 1 H. ii 1 / v 4 fav' ';':' "�� 1 /. %./ g.,-.-, - eir41111 y (� R 1 'j / r / / / f : --, -_,', 1 I : AI.'' Lam-,�, ■ .,. . n� fir"' .�. ii I lihil ailli" aliall 1 ! / . 1'. : - • • • , ,-. • / -:• /:;.--ti. ' •'' . : 1.1161.5"11. kVA! es irip I II 1 , it ' i' / & 7ItifrI'1; x�.4614 0 I 'silk, 4warift,,,,w 4.,,. 1 '' AM?. 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N amaimi,„ 7, 10.r--,,e,401ptswire-c....i_N .0100iroxiillrill _ At., ,; Itt / ..:8 .r,.. ,.. ,, , • . •',., ''-\;., 011inipal:':: 010051=;iiiiilja.. • ,yi1 ) s/r ® ■I� � e •gielwa � / � � i � 4s ;J B'" _V/.Nu=1'� * o^ 'if7° ' '.' V . i_f_14p•irm Al -isew A istalm.r• _ h� .z i � s \ _ �a.r► „ ! t- r / x X \ LA r_ 1 4 ` 1 INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City EngineerR---- SUBJECT: Shenandoah Place PUD - Drainage Ditch Flow/Slope Treatment DATE: November 18, 1996 As requested from the applicant, I have reviewed the drainage ditch flow through their proposed Shenandoah Place, and the"impervious" area it impacts. And as requested by the applicant,I have checked with Bruce on the alternatives for turf establishment along the side-slopes of the ditch. The drainage easement through this area consists primarily of a 100' wide strip, which the City purchased as part of the upper valley drainage ditch system. The ditch consists of a 25' to 30' ditch bottom with 4:1 (approximately) slopes. These slopes extend approximately 25 feet of each side of the ditch. The designed capacity of the ditch is meant for storm events which will occur perhaps only once in one-hundred years. There will be some years where the ditch may flow continuously, and in some dry years the ditch may flow only occasionally. It is reasonable to assume that when the ditch is flowing at a steady rate, for an extended time, the flow will have very little depth. Based on this assumption, the impervious area would extend only as wide as the ditch bottom. Therefore, the impervious area would be approximately 30' by 1800'(length of ditch),or 1.24 acres. The side slopes consist of approximately 50' by 1800', or 2.07 acres. The area outside the actual drainage area and outside the side-slopes, but still within the easement, is about 0.91 acre. In regards to the side-slopes, and the alternatives for turf establishment, the developer will be limited to certain types of vegetation. Based on the recommendation from the City's consultant, the city should maintain the side-slopes by mowing to maximize the hydraulic capacity of the channel. Therefore, the side slopes will be regularly mowed, and the vegetation cover chosen for the side-slopes shall allow for this maintenance. TOTAL P.02 INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Shenandoah Drive DATE: November 26, 1996 The Planning Commission has requested.information regarding future alternatives for Shenandoah Drive in the vicinity of the racetrack. I have attached a drawing which shows one of these alternatives. The alternative attached is a general sketch,;showing the relationship to the existing streets and the Shenandoah Place PUD. As noted on the drawing,this alternative would require a dedication of right-of-way for the future extension of Shenandoah Drive This drawing also shows a possible connection of the proposed street within the Shenandoah Place development,to County Road 16. The spacing shown on the drawing between this connection and Hauer Trail(southeast of intersection)is slightlyiess'than 1/4 mile. The minimum spacing allowed between connections to the County Road is generally 1/4 mile. Based on current and anticipated uses for the property adjacent to this roadway, it appears this connection could be moved northwest enough to achieve 1/4 mile spacing, if required. This alternative, and most others, will require coordination with the owners of the race track. Discussions with them will be required to determine the most desirable transportation plan for this part of the city. A city-wide transportation plan is currently being developed, which will analyze the future traffic patterns of the existing and future road system of the city. This plan can be used to better understand the current and future transportation needs for the track,the commercial properties, and the surrounding residential neighborhoods: t sti :O9ti d 4TH xi '► AVE. -- N in 0 frl _II �Z -� PINEWO❑D DR, d £ TIMOTHY CT. U Li > i, TWAY AVE. G j 3 SHENANDOAH RIGHT-OF-WAY (OUTSIDE CURVE - 500' RADIUS) • ACE_ a \ , UPPER VALLEY DRAINAGE DITCH 4016 Fqi A I \ � CANTEDOWNS RBURY r ch 6'44; ao oz 4:0 �F� �. / d �~- Pk: ic) 9 Plj �1 v m DAVIS r- _. 04). 16 R. aH RL F : � V R Tp DR. in\ SFM q 414 SECRETARIAT tj i / MURPHYQAVE. ."1\,,, ,S)-() R � pAN IP . ! a 11 , h , CITY OF SHAKOPEE . Memorandum TO: Planning Commission FROM: Jared D. Andrews, Planner I SUBJECT: Text Amendment Regarding Over-size Garages in R 1 C (Old Shakopee Residential Zone) MEETING DATE: December 05, 1996 ITEM NO.: 12 ATTACHED: November 07, 1996 Staff Report City Council Resolution CC-771 Minutes from the October 15, 1996 City Council Meeting Background: At the Board of Adjustment and Appeals November 07 meeting the Board,tabled a proposed amendment to allow over-size garages as a conditional use in the Old Shakopee Residential Zone(R-1C). Additional information was requested as to the City Councils rational for granting the appeal for Mr. Larry Anderson's over-size garage. Attached is the City Council resolution and minutes which address this request. Please refer to the staff report from the November 07 Board of Adjustment and Appeals meeting which addresses staff concerns and recommendations. OVSZGAR.DOC/SB 1 APPEAL RESOLUTION NO. CC 771 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REVERSING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS REGARDING A VARIANCE FOR LARRY JAMES ANDERSON. WHEREAS, Larry James Anderson has filed an application dated September 9, 1996, for a variance under City Code Chapter 11 (Zoning), Section 11.81, Subd. 2 (B)(Size) to permit a garage with an area exceeding the maximum permitted under the cited City Code Section;and WHEREAS, this parcel is presently zoned Old Shakopee Residential(R-1C); and WHEREAS,the property upon for the request is being made is legally described as: The North 1/2 of Lot 6 and North 1/2 of the E. 45 of Lot 7, Block 97, Old Shakopee Plat, City of Shakopee, Scott County, Minnesotq and WHEREAS,notice was provided and on October 3, 1996, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Department staff and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to deny the application based on its findings under City Code Section 11.89 subd. 2. (Criteria for Granting Variances); and WHEREAS, a written appeal was filed with the City Administrator within ten days of the action of the Board of Adjustment and Appeals regarding ; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action, and finds as follows; 1. All of the criteria set forth in City Code Section 11.89, Subd. 2, Criteria for Granting Variances have been met; and 2. The property cannot be put to a reasonable use if the Ordinance limitations are complied with; and 3. The plight of the property owner is the result of circumstances unique to the subject property, these being its size and location as a corner lot; and 4. The variance is in keeping with the spirit and intent of the Ordinance as applied in the Old Shakopee Residential (R-1C) zone. OVSZGAR.DOC/JA 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City Council hereby reverses the decision of the Board of Adjustment and Appeals denying the requested variance. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk OVSZGAR.DOC/JA 3 • CITY OF SHAKOPEE Memorandum (Revised) TO: Planning Commission FROM: Jared D. Andrews, Planner I SUBJECT: Text Amendment Regarding Over-size Garages in R-1C (Old Shakopee Residential Zone) MEETING DATE: November 07, 1996 ITEM NO.: 11 Introduction: At the Board of Adjustment and Appeals October 3 meeting the Board denied a variance for a 480 square foot addition to a garage in the R-1C zoning district. This decision was appealed to the subsequent City Council meeting and was over turned. At that meeting there was discussion concerning the flexibility for accessory structure size in the R-1C district. Discussion: In order to add flexibility and better fit the intentions of the R-1C district, Staff is proposing to add over-sized accessory structures as a conditional use in the R-1C district (SEC. 11.30 Subd. 3.). This would eliminate the need to review such requests against the variance criteria, as well as give the board discretion to impose conditions to minimize the impact on neighboring properties. An accessory structure would be determined to be over-sized when it exceeds 10% of the lot area or 75% of the square footage of the footprint of the principal dwelling, whichever is less. (as described in SEC. 11.81 Subd.2.B.) Alternatives: 1. Recommend the proposed amendment to the City Council as presented. 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. OVSZGAR.DOC/JA 1 Staff Recommendation: Staff recommends Alternative number one (1), to recommend the proposed amendment to the City Council as presented. Action Requested: Motion to recommend the proposed amendment to the City Council as presented. OVSZGAR.DOC/JA 2 - Official Proceedings of the October 15, 1996 Shakopee City Council Page -6- Item 11.C.b.) Appeal of Decision'of Board of Adjustment and Appeals denying a variance for a garage addition was moved ahead on the agenda. Michael Leek reported that the request was for an 18' x 26' foot addition to the existing garage with a total area of 780 square feet. Once completed the total area would be 1,248 square feet.He added that the current garage,without the addition is non-conforming. He explained that the Board could not find that all of the criteria were met so denied the request. He asked for Council direction to prepare a resolution either overturning or upholding the Board's decision. A discussion ensued relating to meetingcode requirements in the Old Shakopee area. Mr. Anderson explained--that-none''o?lui,,peighbors are complaining. He also said that he.:can not . •attach the garage to his.house because-6i-set back requirements. _ " ` A discussion ensued relating to making changes in-the ordinance that specifically apply to Old Shakopee. - Michael Leek explained that in reviewing the findings the Board found against the applicant because they felt that reasonable use could be made of the property. - A discussion ensued relating to the Board's findings and ordinance changes. - Sweeney/DuBois moved to<direct°staff to prepare a resolution stating that the criteria that a reasonable use can be made of the property be re-drafted to say that a reasonable use cannot be made of the property without granting a variance, and return it to the Councik for adoption. Motion carried unanimously. The original order of business was resumed beginning with item l0a) Final Plat of the Meadows South. • _` - Michael Leek reported that the plat is for 64 units adjacent to Sage Lane and the bypass on south. The Planning Commission recommends approval with conditions. Sweeney/DuBois offered Resolution No. 4545, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat For The Meadows South, subject to conditions, and moved its adoption. Motion carried unanimously. A recess was taken at 8:22 P.M. The meeting re-convened at 8:41 P.M. . Michael Leek reported that the Plat for Hauers 5th Addition is consistent with the previously approved preliminary plat and that the Planning Commission recommended approval with conditions. . a . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Oversize garages in Rl-C DATE: December 17, 1996 Introduction At the Board of Adjustment and Appeals November 7th meeting the Board tabled a proposed amendment to allow over-size garages as a conditional use in the Old Shakopee Residential Zone(R-1C). Additional information was requested as to the City Councils rationale for granting the appeal for Mr. Larry Anderson's over-size garage and the issue was rediscussed at the December 5th Planning Commission meeting. At that meeting, Planning Commission recommended denial of the staff recommendation to change the approval process of over-sized accessory structures in the R-1C district from a variance process to a conditional use permit process. Discussion It was the general indication of the Planning Commission that a change of the process was not desirable to them. Attached, is Item #12 of the draft minutes from the December 5, 1996, Planning Commission meeting which addresses this issue. Alternatives 1. Direct Staff to draft a proposed text amendment to change the Zoning Ordinance to allow oversize accessory structures as a conditional use in the Old Shakopee (R-1C) Zone. 2. Direct that the process for the review of oversize accessory structures in the Old Shakopee(R-1C)Zone remain unchanged as recommended by the Planning Commission. Action Requested Make and pass a motion to direct staff to carry out the appropriate actions for one of the two alternatives listed above. Jared Andrews Planner I City of Shakopee Planning Commission December 5, 1996 Page 11 Vote: Motion carried unanimously. 0 PUBLIC HEARING: TO CONSIDER A PROPOSED AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, FOR A TEXT AMENDMENT TO ALLOW OVER-SIZED GARAGES AS A CONDITIONAL USE IN THE OLD SHAKOPEE RESIDENTIAL (R-1C) ZONE. Mr. Andrews reviewed information from the City Council meeting when the variance for the Larry Anderson garage was approved. Mr. Joos stated this does not provide the information on discussion which took place. Mr. Leek stated it was the City Council's belief the Old Shakopee Residential zone is unique because of its small lots and number of structures near each other. Mr. Joos believed the R-1C zone needs to be revisited. He suggested more substance be given why the City Council went against the decision of the BOAA. Mr. Leek suggested it as a topic for a joint meeting between the City Council and Planning Commission. Motion: Commissioners Joos/Romansky moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Joos/Romansky moved to recommend denial of the proposed amendment to the City Council. Vote: Motion carried unanimously. 13. OTHER BUSINESS Mr. Leek stated a joint meeting is scheduled between the Planning Commission and Parks and Recreation Board on January 9 at 6:00 p.m. (one hour prior to the regular Planning Commission meeting). 14. ADJOURNMENT Chair Madigan adjourned the meeting at 11:35 p.m. II. C. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Preliminary Plat for Krystal Addition DATE: December 17, 1996 Introduction Norbert Theis and Steven Hentges have submitted an application for approval of the Preliminary Plat for Krystal Addition. The proposed subdivision is located west of County Road 79 and north of the Shakopee Bypass. The proposed plat is 7.74 acres in size. A Planned Unit Development(PUD)for this site was approved by the City Council on October 1, 1996. Discussion A copy of the December 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval to the City Council subject to conditions. 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. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The resulting park dedication fees are extremely low. The park dedication requirement would be approximately $1050.00, or only $30.00 per lot. Typically, the average park dedication fee has ranged from $350 to $550 per residential lot. Based on the low calculations, the City Council may wish to authorize the hiring of an appraiser to perform an appraisal of the parcels within this development. Alternatives 1. Approve the Preliminary Plat for Krystal Addition, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Krystal Addition. 3. Deny the Preliminary Plat for Krystal Addition. 4. Authorize the hiring of an appraiser to perform an appraisal of the subject property. 5. Do not authorize the hiring of an appraiser to perform an appraisal of the subject property. 6. 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 Krystal Addition, subject to conditions(Alternative No. 1). Action Requested 1. Address the issue of authorizing the hiring of an appraiser to appraise the subject property. 2. Offer Resolution No. 4562, A Resolution Approving the Preliminary Plat for Krystal Addition, and move its adoption. 4uli4I e Klima Planner I i:\commdev\c61996\cc1217\pplcrystl.doc RESOLUTION NO. 4562 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR KRYSTAL ADDITION WHEREAS,Norbert Theis is the owner of said property and Steven Hentges is the applicant; and WHEREAS,the property upon which the request is being made is legally described as: South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 115, Range 23, City of Shakopee, County of Scott, State of Minnesota, EXCEPTING Minnesota Department of Transportation Plat 70-15 and 70-20, #49; and Outlot A, P& V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. 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 Krystal Addition on December 5, 1996, 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 Krystal Addition, described as: South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 115, Range 23, City of Shakopee, County of Scott, State of Minnesota, EXCEPTING Minnesota Department of Transportation Plat 70-15 and 70-20, #49; and Outlot A, P& V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: A. As part of the Final Plat application, the following information must be submitted: 1. A revised grading plan which includes changes to the side-slopes of the pond, and the location for the emergency overflow for the pond. 2. Proposed building styles with low floor and garage slab elevations. 3. Drainage and utility easements shown on the drawings, as required by the Subdivision Ordinance. 4. Information from NSP which indicates their approval of the proposed construction within its easement. 5. Revised drawings showing separate driveways, or a request for approval from the Board of Adjustment and Appeals for shared driveways. 6. Narrative for erosion control. 7. Information that the existing berm will reduce noise levels to those acceptable by state and local laws. B. 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. These payments shall be deferred to the issuance of a building permit for the lot. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission. 4. The developer shall obtain approval from MnDOT. 5. The Common Interest Community(CIC) declarations shall be filed with the Final Plat. 6. The developer shall review and revise the fire hydrant locations. 7. Stormwater trunk fees will be paid by the developer. 8. The developer shall be responsible for all costs associated with extending utilities and the construction of roadways to the boundary of Krystal Addition. 9. All driveway access shall be taken from the internal street system. No direct access will be allowed onto County Road 79. 10. No berming, landscaping, or ponding will be allowed within the County right-of-way. 11. Any grading or utility work required within the Scott County right- of-way will require a permit from Scott County prior to the work commencing. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 r CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner I SUBJECT: Preliminary Plat of Krystal Addition DATE: December 5, 1996 Site Information: Applicant: Steve Hentges Property Owner: Norbert Theis Location: West of County Road 79 and north of the Shakopee Bypass(See Exhibit A) Current Zoning: PUD Overlay Zone#7 Adjacent Zoning: North: Urban Residential (R-1B) South: Shakopee Bypass East: Medium Density Residential (R-2) West: Medium Density Residential (R-2) Comp.Plan: 1995: Single Family Residential Area: 7.74 Acres MUSA: The site is within the MUSA boundary. Introduction: Steve Hentges and Norbert Theis are requesting Preliminary Plat approval for a development consisting of one single family residential lot and 34 multi-family dwelling units. The multi-family structures house a range of three to eight units each. The proposed development is located west of County Road 79 and north of the Shakopee Bypass. The Planned Unit Development for this site was approved by the City Council on October 1, 1996. The Preliminary Plat is in conformance with the approved Planned Unit Development. Exhibit B illustrates the proposed Preliminary Plat. ~ � L Considerations: 1. This development 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 draft 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 $1050.00 to be spread evenly between 35 lots($30.00 per lot). Compared to other recent park dedication fees, this amount is extremely low. Therefore, at the City Council review of the Preliminary Plat, staff will be requesting that the City Council authorize an appraisal of the property be done to determine the park dedication fee. 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit C). These recommendations have been incorporated into the conditions of approval. 4. The Building Official has commented that building construction and location,as well as sewer and water services are reviewed at the time of building permit application. He has also commented that a letter from a soils engineer certifying all lots for building suitability will be required prior to the issuance of a building permit. 5. The Scott County Engineer has commented all driveway access shall be taken from the internal streets. No direct access will be allowed onto County Road 79. He has also commented that no berming, landscaping, or ponding will be allowed within the County right-of-way and that any grading or utility work required within the right-of-way will require a permit prior to the work commencing. These conditions have been added to those that are recommended. 6. Lewis Street and Appleblossom Lane are currently not constructed to the property line of Krystal Addition. The developer shall be responsible for the costs associated with the construction of roadways and extension of utilities to the boundaries of Krystal Addition. A permit will be required from MnDOT to work within its right-of-way. 7. The fire chief has commented that the fire hydrant locations need to be reviewed and changed. A condition recommending that this issue be resolved prior to recording of the Final Plat has been included in the staff recommendation. 8. Scott County Environmental Health Department has commented that a wellhead delineation study is needed for the City of Shakopee, along with wellhead protection measures. Because Shakopee Public Utilities (SPUC) is the water provider for the city, staff has forwarded these comments to SPUC for review. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Krystal Addition, subject to the following conditions: a) As part of the Final Plat application, the following information must be submitted: i) A revised grading plan which includes changes to the side-slopes of the pond, and the location for the emergency overflow for the pond. ii) Proposed building styles with low floor and garage slab elevations. Drainage and utility easements shown on the drawings, as required by the Subdivision Ordinance. iv) Information from NSP which indicates their approval of the proposed construction within its easement. v) Revised drawings showing separate driveways,or a request for approval from the Board of Adjustment and Appeals for shared driveways. vi) Narrative for erosion control. vii) Information that the existing berm will reduce noise levels to those acceptable by state and local laws. 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. These payments shall be deferred to the issuance of a building permit for the lot. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission. iv) The developer shall obtain approval from MnDOT. v) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. vi) The developer shall review and revise the fire hydrant locations. vii) Stormwater trunk fees will be paid by the developer. viii) The developer shall be responsible for all costs associated with extending utilities and the construction of roadways to the boundary of Krystal Addition. ix) All driveway access shall be taken from the internal street system. No direct access will be allowed onto County Road 79. x) No berming, landscaping, or ponding will be allowed within the County right-of-way. xi) Any grading or utility work required within the Scott County right-of-way will require a permit from Scott County prior to the work commencing. 2. Revise the conditions recommended by staff and recommend approval of the Preliminary Plat for Krystal Addition,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Krystal Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Krystal Addition, subject to conditions,to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Krystal Addition, subject to conditions,to the City Council, and move its approval. 416(,&:& (%-i/Lkti Julie Klima Planner I i:\commdev\boaa-pc\1996\dec05pc\ppkrystl.doc i iii-J-1 int .11' � el`�o a ��,e e .�� -M arilirif 1W\11 - -... tali ea ,11111 141411111 11!111 mirk' EXHIBIT A �* __I m �,il,�-.� �� Zhu wit ,•. 11a MSN . "`1111 4111111111111 Ellra 7,--..-- �� • 3 . . . • x16 ,.' �� anvil rim wen- �a �■ ■-- wows -r-- r� W�� i ;1 111101 • °e • i i IPNIG O M111 MTN Ilii I 1111nag n , era *'': ,o M.m.I O.g.M. -=7.-v_-_7__- . ,1i.4 K® SII 11: cilli: :1111: I 1 I 1 ( 1 = R 7/ EnII= 7 6 © = 41— 1= -- -- - ®= ~ a,oxi io-na. .lra _ , . --.-w,L- _IE. \ .11 um. aural i 1-- mg I 9. 9 sri 9. I H u ; 2, 1 Intl 2 3 in Wi 3 Me ■ SHAKOPEE A 11111 • r ;7111 ■ s SCHOOLMe• WIN r• _ t III in 1111111 MI �I� V. < ®W? :reMIR AI . a__ TI • . a • ,t ®� • _e ti ICE *- *ft '. 110 alPDIIuuui/° ,_ V. E w . * -11311 tEe1��►��A. 14, ®``4v��:� 11413 l•©4 w©l - grin I1111 ni ®I -41111 'F' ' — ■ 4� �• wo0, ♦ .A. ,ate• .Le . z IN __ "Allam >,a� ,Q o� _13ov az°�: - ILA s ■ A v \� ��' .0 -•• AIM e 4ir Alp R •. _ �pR, 9� 4 ,1•� i.- a A --wilin --.N.,.... -v op., V li 4' 41444 .4 oto .444$0*,,krit - �47*0 _%40d ! . 4v 0 441 ilisillo* **Sin •_ • 4., 44 -tir *.444, #1.5. him aiditilito 01 - it* 'f'44° Vi------ - . . si dram • .... . Aik ..../. m.o.= '.› 111111116171PA'"7 ' . w Ill • LEGEND III in11111 MI 1111Tralk I VI '' MINIM -a+AR_ , • mpur,u lice! �4.PKWY f"-1— `• ill I -- t -� �r , r Underlying Zones lipiimis BR AEBuRs. i 1 ! '-'\'----: 111111°"D t' 1 i Ilbse ��ossou . 17,7'.., 1 Agriculture RR Rurcl Residential '/ `""E i •R1A1 Low Density Reside. c ► ......- 0,-' ,R�i�i Urban Res ce.^.t ci EI Old Shakopee Res;de-ltici Ii I R2 I Medium Density Res:denticl 0°) I R3 Multiple Family Rescenticl I B1 I Highway Business 82 Office Business I 83 I Central Eus:mess I 11 . Light ind;;s:r ci 72-1 Hec.sy irc;:s'. . - .. _ -- _ 2 :. t,VA. 4§sk, ,,.. . EXHIBIT C k. , .,., , 0 • /II 7 f � f J . INTER-OFFICE MEMORANDUM " ;, Julie"Klima, Planner I �f j - • ; - .- Joel Rutherford, Assistant City Engineer mss ., UBJECT: .Krystal 1st Addition Preliminary Plat Subdivision Review • .. ': November 22, 1996 ' DATE. �`xu , }d'et ark 'tt w „,, j \- , $ Aftei i evewing the above.referenced subdivision,I have the following comments for the applicant, -` �' ' "and for the planning department: Streets ' _' The streets shown are consistent with the.approved PUD. Revisions to the street alignments have ::,.`''',.:.:41-:- been done to comply with the City's requirement for street radii of 200'or greater. ti. Driveways 4a City policy does not allow driveway openings'more than 24 feet wide. The use of shared ¢ ' driveways must be approved by the Board of Adjustment and Appeals,as required by the Zoning '7,'''' Ordinance. V; Easements ,' Drainage and utility easements are not shown for the pond,and they are not shown along lot lines. Grading Plan/Erosion Control/Storm Sewer. Ponding has been provided on-site,with side slopes that appear to be 3:1. For safety,a recommendation would be to have 4:1 slopes,with a 10'wide- 10:1 bench at the water level. At a minimum the pond should be revised to show a 10'wide- 10:1 bench. The pond contours do not appear to tie-in to existing contours on the,north side of the pond. Based on the information submitted,including the proposed contours and spot elevations,I have concerns that the emergency overflow for the pond will cause the water to go north. The applicant has not submitted a narrative report summarizing the erosion control(timing, phasing,stabilization,maintenance,removal,etc.) The drawings do not show style of structure,and elevations of garage slab,low floor, etc. A wetland delineation has not been submitted for this site. Miscellaneous There is an existing berm adjacent to the new highway. However,no sound information has been submitted which shows the projected sound levels along Highway 169/212. i£ • Because the subdivision abuts the 169/212 right-of-way,the plat will need to be reviewed by the state. MnDOT may require additional conditions and or permits for the project.The developer is 4. responsible for submitting two copies of the preliminary plat,including the grading and drainage plans,to the following address: .; Local Government Liaison.Supervisor Minnesota Department of Transportation-Metropolitan Division e' Waters Edge 1500 West County Road B2 Roseville,MN 55113 Recommendation Recommend approval'of the preliminary plat, subject to the following conditions: a) As part of the Final Plat application,the following information must be submitted: 1. A revised grading plan which includes changes to the side-slopes of the pond, and the location for the emergency overflow for the pond; , 2. Proposed building styles with low floor and garage slab elevations; 3. Drainage and utility easements shown on the drawings, as required by the Subdivision Ordinance; 4. Information froth NSP which indicates their approval of the proposed construction within their easement; 5. Revised drawings showing separate driveways, or a request for approval from the Board of Adjustment and Appeals for shared driveways; 6. Narrative for erosion control;and 7. Information that the existing berm will reduce noise levels to those acceptable by state and local laws. b) Prior to recording of the Final Plat, the following actions must be completed: ed. Execution of the Developer's Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer and from the Shakopee Public Utility Commission; and 3. Approval from MnDOT. c) Storm water trunk fees will be paid by the developer. c, � �1 IP �I * 1-- J 2 2 '�I,... 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I 7O2WZZW "i'e'• `', 'A!3'r Sd3i.@.a�'.i ....i '• t.p I • y&. .• y, ,+� y itia..<`l,..Y ket.,{,�,(S(�,i,l .f.�i")4: L:may�_1.{._�.. 44,?,�t s�y, .r �" , ..... .-.. !�.,•tnw .. k..tir1�. sv.+ri?::,..,J::L'kSS`�'^�+8.s.'.I(ww'�"xt�'.�wYiC.id�iT3�Gi�uiM��'�ty.'PI�r��F�G�RC1.'' :Ri��iSS �rF~'�7f'"'�Ni��•� '�'.i 1•;s4 I �� 7 .. t.,• ..r . . ,.. . ' • ''''1••''',)'"'.'`'''• l 1Af `'':I,p' l y l "';•-•.:.,...:.).";11;.',41:10�. :',,;...7,2:;,- ,4 i). D. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for French Trace 1st Addition DATE: December 17, 1996 Discussion: Laurent Builders, Inc. is requesting approval of the final plat of French Trace 1st Addition. The subject site is located south of proposed 17th Avenue and east of proposed Sarazin Street. A copy of the November 7, 1996,Planning Commission staff memo has been attached for your reference. At its November 7, 1996, meeting,the Planning Commission recommended approval of the final plat to the City Council, subject to conditions. All of the conditions required to be met prior to review by City Council have been met,with the exception of Condition No. 6. This condition requires that the EAW for the extension of sanitary sewer be completed and result in a negative finding prior to review of the final plat by the City Council. At the time of preparation of the memorandum, a negative finding has not been declared. However,based on the information that has been provided to staff, it is anticipated that a negative finding will be declared prior to the December 17, 1996, City Council meeting. The City Council will be provided with all updated information at that time. Alternatives: 1. Approve the Final Plat of French Trace 1st Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of French Trace 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of French Trace 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 French Trace 1st Addition, subject to conditions(Alternative No. 1). Action Requested: Offer Resolution No. 4589, A Resolution Approving the Final Plat of French Trace 1st Addition, and move its approval. /� " ► Julie Klima Planner I i:\commdev\cc\1996\cc 121'7\fpf trl.doc RESOLUTION NO.4589 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR FRENCH TRACE 1ST ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for French Trace 1st Addition on November 7, 1996, 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 French Trace 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. Cash payment in lieu of park dedication shall be required in the amount of$653.00 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer acknowledges the presence of pending assessments. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. The developer shall provide drainage easements around the ponding areas. 5. Per Section 12.07, Subd. 2.A, the easements located between Lots 4 and 5, Block 1;Lots 4 and 5, Block 3; and Lots 4 and 5, Block 4; and those easements located along the rear yards of Lots 6 through 10,Block 3, shall be 20 feet in width. 6. The developer shall comply with all compaction requirements on the building sites. 7. The storm water trunk fees will be paid by the developer for the first phase. 8. The developer must sign a petition for the extension of 17th Avenue and a waiver for an assessment hearing for that project. BE IT FURTHER RESOLVED,that the Mayor and CityClerk are hereby authorized and directed to execute said Plat and Developer's Agreement. P 1�' Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 . 13. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of French Trace 1st Addition DATE: November 7, 1996 Site Information: Applicant: Laurent Builders,Inc. Location: South of proposed 17th Avenue and east of proposed Sarazin Street Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Agricultural Preservation (AG) South: Urban Residential (R-1B) East: Agricultural Preservation (AG) West: Office Business (B2) Comp.Plan: 1995: Single Family Residential Area: 17.87 Acres MUSA: The site is within the MUSA boundary. Introduction Laurent Builders, Inc. is requesting approval of the Final Plat for French Trace 1st Addition(Please see Exhibit A). The subject site is located south of proposed 17th Avenue and east of proposed Sarazin Street(Please see Exhibit B). Considerations The Preliminary Plat for French Trace was approved by the City Council on September 3, 1996. 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. 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 French Trace 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 French Trace 1st Addition, subject to the following conditions: a) Prior to review of the Final Plat by the City Council, the following actions must be completed: i) A signature page for the Final Plat shall be submitted to City staff for review and shall meet the requirements of the Shakopee City Code. ii) The applicant shall provide an information table containing information including, but not limited to, total area, area designated for right-of-way, and square footage of the lots. iii) The Final Plat shall be revised to reflect a name change to French Trace 1st Addition. iv) The Final Plat shall be revised to reflect a name change for the roadway designated as French Trace to French Trace Avenue. v) The Final Plat shall be revised to illustrate the easements required for the pond, at the 100 year storm elevation, in Outlot A. vi) The EAW for the extension of sanitary sewer be completed and result in a negative finding. vii) The Final Plat shall be revised to show the dedication of the full length of the 17th Avenue right-of-way in the first phase of development. viii) A 25 foot drainage and utility easement must be provided along the western edge of Lot 1, Block 1, to accommodate the watermain necessary to serve the development. 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 rBement regardingPark Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$653.00 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer acknowledges the presence of pending assessments. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) The developer shall provide drainage easements around the ponding areas. v) Per Section 12.07, Subd. 2.A, the easements located between Lots 4 and 5, Block 1;Lots 4 and 5,Block 3; and Lots 4 and 5, Block 4; and those easements located along the rear yards of Lots 6 through 10,Block 3, shall be 20 feet in width. vi) The developer shall comply with all compaction requirements on the building sites. vii) The storm water trunk fees will be paid by the developer for the first phase. viii) The developer must sign a petition for the extension of 17th Avenue and a waiver for an assessment hearing for that project. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for French Trace 1st Addition, subject to conditions and move its approval. /Julie Klima Planner I ii, I I r :. J .•GAEHvrAVE• 4 - I -.44-. ....5 i •ry ...—.a �_ �.. t� LIZ � u ... ,,:, j PARKWAY AVE4 _ yi -C.:414.-: , a F AZ. . .., r. • , • •, ....,..i,',...:II.),..4,..47,,,,Z ,...'7.'7,;;:,,,,:,,,,....•_-4i S_:4. r:,3111RUN 16, -..., ktt = ..v, , . c.,, ......,,, w . • i 4e i:.•.,.,, IOVIQ YlN AiC. 2„�#i-^tea..,.. i , Fin .�,,,E I I ..... - ,4 A 7 R Jo citric j— vs:1104 • - !-- •:.,.. - -- ••-:--. -•;:7.--::47.-:::::_-. .-.,stz..r.:-',Vire'::r-i--z,-,:- 4 ity' .; .- .. .4:-. ,, . 4-... .4.-.2...,::774c...7-14,x,.::-: :;;;;:-;_ct,4,.,---,--..,.....! --: 1 '�" ' � RR x � co tiT Ce • u B2 NQ' i x / / -16 • : - - i AG A AG LEGEND //A ' / Underlying Zones 17.7-1,3 Agricuiture VALLEY vter aauI ' RR i Rural Residen.t:al 'R1A1 Low Density Residential AG ,��- :RIP! 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[� - - - v 0 60.00 1) f.-/ r- 'I N 18 % . • 1 .0018'07E J tO •T", I I O r _129.7Q 1_ _ -1 ° W 1- I el Io 12 336J7' Leaoo 1 Z 0 ;" L- - - - Jtc , 500'264n 41117. - o--.-y9 a 500.26'41rE 120.73 ° I S �,� 3 8M11ZIN S 8 ' _A 6ss74 STREET - - - -.- .I_ .:�, ,�_� "603.74 g N 00`26'48'W ! 655.74 _- I le SAR".IN i ii 66 I . w F t Izi I1 ._. U , a g CITY OF SHAKOPEE - /9' Memorandum TO: Mark McNeill, City Administrator FROM: Mark Huge, Fire Chief SUBJECT: Request Hiring of Two Fire Fighters DATE: December 11, 1996 INTRODUCTION: The Shakopee Fire Department is currently authorized a total of 44 fire fighters. For the past several months we have been operating with 38 members as one firefighter resigned. BACKGROUND: On November 23, 1996,the fire department conducted oral interviews and agility performance testing with four applicants. Applicants were selected for these interviews and tests according to their response capability and eligibility for service as stated on their application through Scott County. From this application process the top two applicants have met the criteria to be accepted as probationary Shakopee firefighters. They are Jim Paulson and Jon Sinnen. If hired, the selected applicants will participate in the required training and be on probation for one year. After one year if they have met all of the probational requirements they will become Shakopee firefighters. The addition of these two firefighters will help restore and improve our average day time response. These selected applicants will also expand the age and experience curve of our fire fighters positioning us for the future. ALTERNATIVES: 1. Hire the selected two applicants as probational Shakopee firefighters. 2. Do not hire the two selected applicants. RECOMMENDATION: We recommend the hiring of Jim Paulson and Jon Sinnen as probational Shakopee firefighters. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Mark Huge, Fire Chief SUBJECT: Firefighting Gear Purchase DATE: 12/2/96 INTRODUCTION: The Fire Department budget has money for purchase of replacement firefighting gear. This should provide five full sets of turnout gear. A rotating replacement process is in place. This should help prevent large numbers of our firefighting gear from needing replacement all at once. BACKGROUND: Three bids have been received for firefighting turnout gear meeting our specifications. The prices are as follows: 1. Fire Equipment Specialties: $878.00 per set of turnout gear 2. Danko Emergency Equipment: $947.00 per set of turnout gear 3. Lion Apparel: $1,010.00 per set of turnout gear This will be from the 1997 budget. It is expected to take one to two months for the gear to be manufactured and delivered. ALTERNATIVES: 1. Purchase 5 sets of gear from one of the three vendors. 2. To not purchase firefighting gear at this time. RECOMMENDATION: All three bids meet our functional specifications. We recommend purchasing 5 sets of fire-fighting gear from Fire Equipment Specialties for a total of$4390.00. 1a- 6. 3 CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and Councilmembers Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Cleaning Contract DATE: December 4, 1996 INTRODUCTION: Council approval is needed to renew the contract with George's Cleaning Service to clean the Police Department building for one year. BACKGROUND: The Police Department has contracted with private contractors to clean Police Headquarters for the past three years. There are two reasons for this. First, when the new City Hall building opened, the city custodians had all they could do to keep it clean. Second, it costs $5,000 a year less to have George's Cleaning Service clean our building 5 times a week that it cost to have the city custodians clean it 3 times a week. Our experience with Mr. Ficzeri, the owner/operator of George's Cleaning Service has been very good. He has been very reliable and has done an excellent job cleaning our building. Mr. Ficzeri is not requesting an increase from his 1996 rate of$619 per month. ALTERNATIVES: 1. Renew the contract to clean the Police Department building with George's Cleaning Service. 2. Do not renew the contract. RECOMMENDATION: Alternative#1. BUDGET IMPACT: $8,253 was requested in the 1997 Police Department Budget to cover the cost of cleaning the Police Department Building. ACTION REQUESTED: Authorize the appropriate city officials to renew the existing contract to clean the Police Department building with George's Cleaning Service for$619 per month. / 2 . C . / t CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Fee Waiver for the Review of a Conditional Use Permit for The Light of the World Church DATE: December 17, 1996 Introduction Martin Villalobos has submitted an application for a Conditional Use Permit to allow the residency of there Pastor and his family within the Light of the World Church (B-1 Highway Bussiness Zone). Notification letters have been sent, staff review is underway, and the application is scheduled for the January 09, 1997 Planning Commission meeting. The applicant is requesting a waiver of the fee for the review of the Conditional Use Permit due to fact that they are a non-profit organization. Alternatives 1. Approve the waiver of the fee for the review of a Conditional Use Permit for the Light of the World Church scheduled for the January 09, 1997 Planning Commission meeting. 2. Deny the waiver of the fee for the review of a Conditional Use Permit for the Light of the World Church scheduled for the January 09, 1997 Planning Commission meeting. Action Requested Make and pass a motion to direct staff to carry out the appropriate actions for one of the two alternatives listed above. Jared Andrews Planner I is\co mmdev\cc\1996\cc 1217\feewaivr.doe 12 . C. .2 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of Right-of-Way DATE: September 3, 1996 INTRODUCTION The attached Resolution No. 4590 sets a public hearing date to consider the vacation of right-of-way. The right-of-way proposed for vacation is Fuller and Atwood Streets between 4th and 5th Avenues. DISCUSSION The City has received a petition for the vacation of right-of-way from Scott County. The attached resolution sets a public hearing for January 21, 1997. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED Offer Resolution No. 4590, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. R. Michael Leek i:'Commdevbc\1996bc1217\vacphsco.doc Community Development Director RESOLUTION NO. 4590 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS,it has been made to appear to the Shakopee City Council that the right-of-way of Fuller Street and Atwood Street between 4th Avenue and 5th Avenue, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY 'IRE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 21st day of January, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way known as Fuller Street between 4th Avenue and 5th Avenue and Atwood Street between 4th Avenue and 5th Avenue, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 12 . c , 5 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Utility Easement DATE: December 13, 1996 INTRODUCTION: At its November 19, 1996, meeting, the Council considered and tabled the request for vacation of a utility easement until December 17, 1996, in order to allow SPUC to take action on the proposed agreement. SPUC has rescheduled its meeting from December 9 to December 16. Joe Adams at SPUC has agreed to notify city staff of their action, so that the Council can be informed, and take the appropriate action on the 17th. Alternatives: 1. Approve Resolution No. 4571,vacating the utility easement as requested. 2. Do not approve the vacation request, stating reasons for denial. 3. Continue the request for additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the vacation request (Alternative No. 1). Action Requested: Offer and pass a motion approving Resolution No. 4571, approving the requested vacation. D R. Michael Leek VACVP 13.DOC/RML 1 ia. Q. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Utility Easement DATE: November 14, 1996 Discussion: The City has received a petition from Valley Green Business Park to vacate certain utility easements in connection with its platting of Valley Park 13th Addition. The request was first reviewed by the City Council on October 15, 1996,at which time the Council decided to bring the vacation resolution back at the time of consideration of the final plat. This was done in order to give Valley Green and Shiely (the applicants)the opportunity to work out with SPUC the details of the utility relocation. The parties have come to agreement on these issues,and a document evidencing the details of this agreement will be placed on the table for the meeting. Alternatives: 1. Approve Resolution No.4571,vacating the utility easement as requested. 2. Do not approve the vacation request, stating reasons for denial. 3. Continue the request for additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the vacation request(Alternative No. 1). Action Requested: Offer and pass a motion approving Resolution No. 4571, appro : g the requested vacation. R. Michael Leek RESOLUTION NO.4571 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING UTILITY EASEMENT WITHIN TRACTS G,H AND I OF REGISTERED LAND SURVEY#134 WHEREAS, right-of-way has been dedicated measuring 30 feet in width and 3063 feet in length within, and within Tracts G, H and I, Registered Land Survey No. 134, files of Registrar of Titles,County of Scott,Minnesota;and WHEREAS, it has been made to appear to the Shakopee City Council that this utility easement serves no public use or interest;and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of October, 1996; 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 Halland 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 described utility easement, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: (1) That part of the utility easement per Document No. 21642 which lies within Tracts G, H and I,Registered Land Survey No. 134, files of Registrar of Titles, County of Scott, Minnesota. 3. That the easement described above is hereby vacated. 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. CITY OF SHAKOPEE Memorandum 12 ç), TO: Mayor and City Council and EDA FROM: Mark McNeill, City Administrator SUBJECT: Environmental and Geotechnical Work- Biks 3 &4 DATE: December 11, 1.996 INTRODUCTION: The City Council and EDA are asked to approve the proposal of American Engineering Testing to provide phase one environmental site assessment and geotechnical exploration for Blocks 3 & 4. BACKGROUND: Attached is summary information from two firms who were contacted to provide professional services for Blocks 3 & 4. Two items were requested for bid: 1. An environmental site assessment to assure the buyer that there are no environmental hazards (underground storage tanks, hazardous material spills, etc.) that would create problems in marketing title. Note that this is separate from asbestos abatement, which is being provided under a separate contract. 2. Soil boring information,to determine the suitability of the site for excavation of basements, and supporting capability of the underlying rock for building foundations and footings. Two quotes were received, one from American Testing Engineering, in the amount of$6,175 (based on 40 feet of coring) for phase one environmental assessment, and rock drilling and coring (if nothing is found to be a problem,there is no Phase II). The ATE bids consisted of $2,300 for the environmental testing, and$3,875 for drilling and coring. The other proposal was that received from GME Consultants, in the amount of $7,640. BUDGET IMPACT: The reimbursement for this is available in the Blocks 3 &4 fund. While it might be stated that the Scott County I-IRA should pick-up the cost of the geotechnical drilling, as that might be considered a development cost, in speaking with the LIRA and the project manager, that they feel. that is a cost which should be the seller's responsibility, based upon the agreement to provide a buildable site. RECOMMENDATION: We recommend that the proposal of American.Engineering Testing be accepted, in the amount of $6,175. ACTION REQUIRED: If the Council concurs, it should, by motion, accept the proposal of American Engineering Testing for environmental and geotechnical work on Blocks 3 & 4, in the amount of$6,175. ')/1/(13/1/tui:Lil Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council and EDA FROM: Mark McNeill. City Administrator SUBJECT: Environmental and Geotechnical Work-Blks 3 & 4 DATE: December 11. 1996 INTRODUCTION: The City Council and EDA are asked to approve the proposal of American Engineering Testing to provide phase one environmental site assessment and geotechnical exploration for Blocks 3 & 4: • BACKGROUND: Attached is summary information from two firms who were contacted to provide professional services for Blocks 3 & 4. Two items were requested for bid: 1. An environmental site assessment to assure the buyer that there are no environmental hazards (underground storage tanks, hazardous material spills, etc.) that would create problems in marketing title. Note that this is separate from asbestos abatement, which is being provided under a separate contract. 2. Soil boring information,to determine the suitability of the site for excavation of basements, and supporting capability of the underlying rock for building foundations and footings. Two quotes were received, one from American Testing Engineering, in the amount of$6,175 (based on 40 feet of coring) for phase one environmental assessment, and rock drilling and coring(if nothing is found to be a problem,there is no Phase II). The ATE bids consisted of $2,300 for the environmental testing,and$3,875 for drilling and coring. The other proposal was that received from GME Consultants, in the amount of $7,640. BUDGET IMPACT: The reimbursement for this is available in the Blocks 3 &4 fund. While it might be stated that the Scott County HRA should pick-up the cost of the geotechnical drilling, as that might be considered a development cost, in speaking with the I-IRA and the project manager, that they feel that is a cost which should be the seller's responsibility,based upon the agreement to provide a buildable site. RECOMMENDATION: We recommend that the proposal of American Engineering Testing be accepted, in the amount of $6,175. ACTION REQUIRED: If the Council concurs, it should,by motion, accept the proposal of American Engineering Testing for environmental and geotechnical work on Blocks 3 &4, in the amount of$6,175. Mark McNeill City Administrator MM:tw • 12/06/96 12:52 FAX 1 612 377 7089 DUNBAR DEVLPMNT Wb 003 • DEC 05 '96 16:38 FR AM ENG TST ST PAUL 612 659 1379 TO 93777089 P.02'12 A AMERICAN coNsut7ANrs ENGINEERING •GEOTECHNICAL MATERIALS M_. TESTING, INC. •ENVIRONMENTAL December 5, 1996 Dunbar Development Corporation 5000 Glenwood Avenue, Suite 200 Minneapolis, MN 55422-5146 Ana: Mr. Jay Portz RE: Proposal for Geotechnical Services and Phase I Enviromnental Site Assessment Proposed Shakopee Downtown Redevelopment Shakopee, Mmmesota Dear Mr. Portz: American Engineering Testing. Inc. (AE'l) is pleased to offer our services to conduct a Geotechnical Subsurface Exploration and Phase I Environmental Assessment (ESA) for your proposed downtown redevelopment project in Shakopee, Minnesota. This proposal is being submitted per your request on December 3. 1996. This letter is intended to define our scope of work and to present you with the anticipated schedule, and other information regarding our services. Project Information The City of Shakopee is planning=development of property located on the north side of First Avenue between Holmes Street and Sommerville Street The proposed development will include a combination of retail and housing. We understand the proposed buildings will be three stories in height with a possible basement parking level beneat the eastern building. The main floor levels of the buildings will accommodate retail space. This portion of the construction will have masonry walls and a precast ceiling level. The remaining two above grade stories will be wood frame residential construction. We understand options are also being considered to extend the below grade parking under the on grade parking located to the north of the easterly building. The proposed building locations are indicated on the attached sketch along with the proposed boring locations. At this time. we have not been provided with structural details. For purposes of this proposal. we assume column loads of up to 500 kips per column and bearing wall loads of up to 8 kips per wi ammm ,veoctan oouni or 2102 UMvarslry Av.W. .St Pita,MN 55114 .612439.9001 •Paz 612-839-1379 GWuth .M .Rochester.Wausau 12/06/96 12:52 FAX 1 612 377 7089 DUNBAR DEVLPMNT 1it004 DEC 05 '96 16:31 FR AM BG TST ST PAIL 612 659 1379 TO 93777089 P.03/12 Dunbar Development Corporation December 5, 1996 Page 2 lineal foot. The preliminary plans furnished to us indicate main floor elevations varying from about 740' in the east to 744' in the west. We assume the below grade parking level will be on the order of 10' lower than main floor elevation. Based on our past knowledge of this area. we anticipate bedrock may be relatively shallow. We understand the existing buildings located at the site generally do not have basement levels. We understand that various retail buildings, owned by at least eleven individual owners, are present at the site. We understand demolition of these existing buildings is planned for January of 1997. blrOtle The purpose of the Geotechnical Subsurface Exploration is to explore subsurface conditions and provide geotechnical engineering recommendations for construction of the proposed building at the site. The purpose of the Phase I ESA is to identify, to the extent reasonable pursuant to the methodology prescribed herein. recognized environmental conditions in connection with the proPertY. •Recognized environmental conditions" are defined to mean the presence or likely presence of any hazardous substances or petroleum produces on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term iacbudes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include `de minirnis`conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Scttpo9f Services - Geotechnical Services Subsurface Exploration Program Our proposed subsurface exploration will include drilling six (6) standard penetration (SPT) test borings. The proposed locations arc shown on the attached sketch. We understand that boring locations may need to be adjusted because of the presence of the existing buildings. We are proposing to extend the test borings to a depth of 21' below grade or to bedrock, whichever is shallower. Our lump sum cost for the geotechnical exploration program does not include rock coring. If bedrock is encountered shallower than 15' below existing site grade, we propose to perform rock coring at three of boring locations. The boring will be extended 10' into the 12/06/96 12:53 FAX 1 612 377 7089 DUNBAR DEVLP,MNT fI005 DEC 05 '96 16:31 FR AM ENG TST ST PAUL 612 659 1379 TO 93777089 P.04'12 • Dunbar Development Corporation December 5, 1996 Page 3 bedrock at each of the three selected boring locations. This rock coring will be performed for the additional unit cost indicated in the fees section of this proposal. We will locate and dimension the borings in reference to features evident in the field. The SPT borings will be sampled with a split-spoon samplblutilizing standard penetration test methods in accordance with ASTM:D1586. We understand the site is accessible to a truck-mounted drill rig. Prior to drilling, we will clear underground public utilities through the Gopher State One-Call System. Please provide us with a contact person at the site to clear private utilities. . • Laboratory Tests At this time, conditions are unknown and our services do not include a laboratory testing budget. If conditions are encountered which indicate a laboratory program should be performed to aid evaluation of an approach which may benefit you, we will review the recommended tests and associated costs with you prior to proceeding. • Geotechnical Report Following the field work, an engineering report will be prepared and submitted. This report will include logs of the test borings, a review of engineering properties of the on-site soils, and our geotechnical engineering opinions and recommendations regarding the following: • Grading procedures to prepare the building areas for structural support, including comments on the suitability of the on-site soils for reuse as fill. • Foundation types and depths, including allowable bearing capacity and estimates of foundation settlement. • Ground floor slab support, including recommendations on the need for a vapor or capillary water barrier. • Backfilling procedures, including material types, drain tile requirements, lateral earth pressures and compaction requirements. • Comments on other items which may affect final performance or constructability, such as frost heave and drainage considerations. The geotechnical service scope of work defined in this proposal is intended for geotechnical purposes only. This scope is not intended to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered which can be detected by human sight or smell sensing. 12/06/96 12:54 FAX 1 612 377 7089 DUNBAR DEVLPMNT (1006 DEC 05 '96 16:32 FR AM ENO TST ST PAIL 612 659 1379 TO 93777089 P.05/12 • Dunbar Development Corporation December 5, 1996 Page 4 Scope of ServI S -Phase LSSA In order to achieve the purpose of this service,American Engineering Testing, Inc. Will prepare the Phase I Environmental Site Assessment by performing the following tasks: • Review federal, state and local records to help identify recognized environmental conditions in connection with the property. • Review historical sources to develop a history of the previous uses or occupancies of the property and surrounding area. • Observe the site to obtain information indicating the likelihood of identifying recognized environmental conditions in connection with the property. • Visually observe the site for onsite solid or hazardous waste disposal. • Identification of transformers,capacitors or other potential PCB containing equipment. • Interview owners and/or occupants to obtain information indicating recognized environmental conditions in connection with the property. • Discussions with local government officials of Shakopee and Scott County. • Preparation of a written report. See Attachment A for a description of the above tasks. The scope of AEI's Phase I ESA is in general compliance with the American Society for Testing and Materials Standard Practice for Environmental Site Assessments:Phase I Environmental Site Assessment Process-ASTM E 1527-94. You should be aware that, even though we follow the current ASTM practice standard for this service, there may be localized contamination on the property we cannot ascertain and will not be responsible for, given this work scope. Such contamination could be related to disposal of c omaamimants not reported to appropriate government agencies,not made known to us or not reasonably visible to us at the time of our site observations as part of service for this Phase I ESA. Our services to you are strictly limited to the scope described above. For your information, there may be certain environmental conditions on a property that are beyond the scope of our Phase I EM services. Some of these environmental conditions include substances that may be present on a property in quantities and under conditions that may lead to contamination of the property or of nearby properties but are not included in CERCLA's definition of hazardous substances or do not otherwise present potential CERCLA liability. 12/06/96 12:54 FAX 1 612 377 7089 DGNBAR DEVLPMNT (1007 DEC 05 '96 16=32 FR AM ENG TST ST PAIL 612 659 1379 TO 93777689 P.06'12 • Dunbar Development Corporation December 5, 1996 Page 5 • The following are non-scope considerations you may want to assess in connection with this property. No implication is intended as to the relative importance of inquiry into such non-scope considerations. This list of non-scope considerations is not intended to be all inclusive. • Asbestos-containing materials • Radon • Lead in drinking water • Lead paint • Wetlands • Site flooding • Physical properties of the soils and bedrock for site grading or foundation considerations If you desire to obtain more information on these and other non-scope considerations, please contact us. Access Arrangements We will need to access the buildings as part of the Phase I ESA site visit and to access the sites to drill the borings. 'Therefore. we request that the city make arrangements to allow us access to all the buildings over the coarse of one day and to provide access to drill the borings. Eats The scope of work described herein will be performed on a lump sum cost basis for the Phase I ESA and geotechnical drilling and report Rock coring will be performed for an additional cost, if needed. These lump sum and unit costs are indicate below: •Phase I ESA $2,300.00 •Geotechnical Drilling and Report $2,675.00 •Rock Coring (per lineal foot) $40.00 In the event the scope of work needs to be revised due to unanticipated conditions or for proper evaluation. we will review such adjustments and the associated fees with you; and receive your approval before proceeding. Performance Schedule Weather permitting, we anticipate drilling operations can begin within five to seven days of receiving authorization to proceed. We anticipate the field work can be completed in about two working days. The geotechnical report can be completed in about five to seven working days after completion of the drilling. Verbal information can be provided to your designers within a few days of completion of the field work, if desired. We anticipate the Phase I ESA can be completed within two to three weeks of receiving your authorization to proceed and the necessary legal description of the property. 12/06/96 12:55 FAX 1 612 377 7089 DUNBAR DEVLPMtNT 0008 DEC 0S '96 16:33 FR AM ENG TST ST PAUL 612 659 1379 TO 9371789 P.07'12 Dunbar Development Corporation December 5, 1996 Page 6 Igrum Our services will be performed per the attached two-page "ServiceAgreement" along with the "Subsurface Boring Supplement". Acceptance Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it to us. The original proposal is intended for your records. Emm . • We appreciate the opportunity to submit this proposal to you and look forward to working with you on this project. If you have any questions regarding our services, or need additional information, please do not hesitate to contact me. Sincerely, • given D. Koenes, Principal Engineer Phone: (612) 659-1304 Fax: (612) 659-1379 C.&e - G- 44 a-t.)- Charles W. Bisek ESA Program Manager SDK/jg Attachments PROPOSAL ACCEPTANCE BY: SIGNATURE: COMPANY: DATE: . . . . . 12/06/96 12:55 FAX 1 612 377 7089 DUNBAR DEVLPMNT Vb 009 DEC 05 '96 16:33 FR AM ENG TST ST PAUL 612 659 1379 TO 937770E9 P.08/12 • . • ':Al ! -. e • -., , . . • 1 - . ..., t • :OK Aitisio • OEMIEW.1=i, • 1. , .4iw: IS 1•Iii.P. It A i Sitt& I! p AL v_ ta a .3 1 \ I 111 ' i • ---; i oaks- imi. li . • u. , ,•• • .... . .. ,,,,..... - -..p.,.:47.-_•;. , ..,-..1 ..•.•:,1.4 1 k ..,..,;. ti \ . .., _ . .. ., t ' i .ii litli5,, i cr . •: n , i . . 5 mall , 711111 . 11 IIIIIe i a • . "PAlligil , . V i , • 4k - . 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I..,, , ••••,,it%4 T4 . , 12/06/96 12:56 FAX 1 612 377 7089 DUNBAR DEVLPMNT Q010 DEC 05 '96 16:33 FR AM ENG TST ST PAUL 612 659 1379 TO 93777099 P.09/12 ::;:.......• '---,.., .......--......e _ . • „ ....- •W..!-.1,110r4-7-7-_-grAkk;74,-II*1 NI'-:-.1 ,.• .- . 7ea.Z.' .7, ;,',1_45??..;:•7?• _t` ?^.1:;4•4`."•*-_'-.1111 • .c.':- - r i .4 iVrAtit.V.:pairetreN7-$Z411%.411.22, ,- Ilk .eh F:;740%1411_..FAR.:&11r4/11rAMoi , ...":F). .)<I. 2)'':Mz74a pi Z41.1 gri,:q.N.kti - . • - 4 TO .1it?.;Th,540A‘tidei3E0.V.eiWValt..;r:Lim-r4,7311,4a r.. ;,:4ir4 gek:.;:-....4r.cip.....-..40,rr-ii:g ..;,.; ili •-- WO .i '.:4111111100 i INEVais t laisaasit Vti,* A . r.Z1:. 1 lilt 0..4.2 • •1/4, ' _____ e, ...... , .. ow I .4 -IL 1" is ...:... , •4 I 444 ' • -4:1,. -e' .., -4 • Irk . ' 4 itttl--- . • • ' 4. tz‘ i a .. 1 • It ial 41) el.f• :. .-: ) -4 . ._ , .. , i _,_ . . . Ito • mils .... 1 * It 0 ti.. .. . . . , 41. , 110 :::,./...:.1...••••% a ' 10 . El I N.a 16 et --, tr OCk % :3 D 1,••• •..;-,• 1 „Sr .: r ":-.• - -- -OP -- '"..• 11 c =i I '441, - 4110:".17145=-• • A ._ .vrt: ••_. .,., ,,.. . „.. ..*. : :,..3.. --... .. .. _ • • .. GME � CONSULTANTS, INC. CONSULTING ENGINEERS 14000 21st Ave.No./Minneapolis.MN 55447 -- Phone(612)559-1859 / Fax(612)559-0720 November 22, 1996 Mr. Frank Dunbar Dunbar Development Corporation • 5000 Glenwood Avenue, Suite 200 Minneapolis, MN 55422 RE: Proposal for Phase I Environmental Site Assessment and Geotechnical Exploration for proposed Downtown Redevelopment Project on First Avenue in Shakopee, Minnesota Dear Mr. Dunbar: We are pleased to submit a proposal for this project. In this proposal, we present a description of our understanding of the project, an outline of the scope of work we can provide, and a fee schedule and estimate of charges for this work. • Project Description The proposed downtown development project would cover Blocks 3 and 4, extending from Sommerville Street on the east to Holmes Street on the west . The right-of-way of Lewis Street, which extends north of First Avenue in the middle of the redevelopment area, would be vacated. The plans call for a multi-story building with commercial/retail facilities on the first floor and rental apartments on the upper floor. There would be an open plaza on what is currently the Lewis Street right-of-way. In the east half of the building, there would be a basement level for parking. The building is planned with conventional spread footings foundations, structural masonry bearing walls and brick or wood veneer on the first floor, and wood frame construction above the first floor. In that portion of the development with the parking garage, precast concrete plank would be used for the first floor slab, with wood frame construction above the first floor. As of the date of this proposal, the structural loads are not yet available. However, based on previous experience with buildings of this type, we estimate that the wall loads in the east building would range from 6 to 12 kips per lineal foot . In the west building, the wall loads would probably be in the range of 5 to 8 kips per lineal foot. WILLIAM C. KWASNY, P.E. THOMAS PAUL VENEMA, P.E. WILLIAM E. BLOEMENDAL, P.E. GREGORY R. REUTER, P.E. CHARLES M. ALLGOOD, P.E. MERVYN MINOESS, P.E. MARK D. MILLSOP, P.G. SANDRA J. FORREST, P.G. STEVEN J. RUESINK, P.E. An Equal Opportunity Employer Mr. Frank Dunbar 2 November 22, 1996 At-grade paved parking areas will be constructed on the north side of the building, adjacent to the U.S. 169 frontage road. There will also be some retaining walls built with the parking lot. The height of the retaining walls has not yet been defined. PHASE I ENVIRONMENTAL SITE ASSESSMENT Our Phase I ESA would be prepared in general conformance with the scope and limitations of ASTM Practice E-1527-94 . Scope of Work Our scope of work for,-a Phase I ESA would be limited to the elements listed below. If the elements below cannot reasonably be accomplished within a four week time frame or data are not reasonably ascertainable, we would contact you to 'discuss possible alternatives to meet the ASTM goals. Standard ASTM Services 1. We will visually observe the Property and safely accessible buildings to identify current Property uses and evidence of past uses. Access to the site and site buildings will be arranged by Dunbar, prior to our arrival on the site. Only one site visit has been included in our cost estimate. 2 . We will observe the Property for the presence or evidence of potential environmental conditions, e.g. , petroleum storage tanks, drums, pails or other containers with or without visible spillage around them or piles of debris, etc. Our visit will be limited to observing the surface characteristics of the site. Snow cover may obscure some of our observations . We will not obtain any soil or groundwater samples for analytical testing for this Phase I ESA. 3 . We will visually observe the adjoining properties for evidence of environmental conditions and for indications of current land use. We will observe from the Property boundaries only. 4 . We will visually observe the Property to identify evidence of water wells or septic systems. 5 . We will interview a Property owner representative (s) or appropriate key site managers or major occupants for information regarding Mr. Frank Dunbar 3 November 22, 1996 current and past land uses and waste generation and disposal. Our interview may include a written questionnaire. 6 . We will contact and interview at least one of the following government agencies to inquire about current and past uses of the Property. We will also inquire regarding the interviewee' s knowledge of environmental conditions on or near the Property. A. Local fire department B. Local, regional, or State agencies with jurisdiction over the Property. 7 . We will obtain historical information to assess previous uses of the Property. We propose. requesting and reviewing the historical sources listed below. . If, in our opinion, it is necessary to review additional historical sources to appropriately assess the previous uses of the Property, we will contact you to discuss expanding the scope of work. A. Historical aerial photographs available at the University of Minnesota Wilson Library. B. Historical fire insurance maps. C. Historical reverse phone directories, to identify the names of former businesses at the Property address . 8 . We will review` the logs of registered water wells on or near the site, available through the Minnesota Geological Survey (MGS) for information pertaining to area geologic and hydrogeologic conditions. 9 . We will review a USGS 7.5 minute Quadrangle Map and other technical publications and maps from our in-house files for information concerning the geology and topography of the area. 10 . We will review a Minnesota Department of Transportation County Highway Map for information • concerning locations of major underground pipelines in the vicinity of the Property. Mr. Frank Dunbar 4 November 22, 1996 11 . We will request and review a Property File Evaluation from the Minnesota Pollution Control Agency (MPCA) for information indicating a release or threatened release of hazardous substances, pollutants, or contaminants at or near the subject Property. The MPCA Property Transfer File Evaluation includes the Federal and State environmental record sources required for completing a Phase I ESA in conformance with ASTM: E 1527-94 . We will identify listed sites that are within the minimum search distances specified by the ASTM standard. This is a database search only and does not include a review of the regulatory files. We understand that the City of .Shakopee will undertake an asbestos survey in the buildings * with its own staff. We have not made any allowance in this proposal for -surveying these buildings for asbestos or performing any tests on possible asbestos containing materials. GEOTECHNICAL EXPLORATION Drilling Program The Architect, Mr. Harry Olsen, has indicated that six borings are to be drilled as shown on Site Plan Al dated November 16, 1996 . We would drill the borings as close as possible to these specified locations, making adjustments as needed to avoid overhead power lines, underground power lines and existing structures. Before we drill we will contact Gopher State One Call to locate underground utilities in the area. Our crew will shoot surface elevations at the borings referenced to convenient benchmarks on or near the site. We recommend extending the borings to 20 feet below existing grade. We estimate that this could entail about 8 feet of soil/fill drilling per boring, and 12 feet of bedrock coring. The estimated drilling footage would be about 48 feet in soil and 72 feet in bedrock. We will drill the borings with a CME 55 or 750 rig. From observing the tunnel under U.S. 169 just west of Holmes Street, we anticipate relatively shallow bedrock in the area; the bedrock may be within few feet of the surface. We would drill the initial few feet with either hollow stem augers or casing, sampling in fill or soil by the split- barrel method (ASTM: D 1586) . When bedrock is encountered, we would core the rock with double tube diamond core barrels following the procedures described in ASTM: D 2113 . Our crew will keep logs noting methods of drilling, sampling, and coring, along with Standard Penetration Values, preliminary soil classifications, and preliminary rock description. Recovered soil samples will be sealed in jars and returned to our laboratory for / Mr. Frank Dunbar 5 November 22, 1996 examination, testing, and classification. The rock cores will be placed in core boxes and returned to our laboratory for classification by a Geological Engineer. Since we anticipate penetrating bedrock in all of the borings, we will grout the boreholes in accordance with current Minnesota Department of Health regulations. The fees for this special type of grout are shown in a later section of this proposal. Laboratory Testing In out laboratory a geological and general examine of the classified recovered soil samples and the rock cores will be performed. These • soil samples will be visually/manually classified in accordance with the Unified Soil Classification System. If we encounter cohesive soils, we would perform routine tests to determine the moisture content and unconfined compressive strength (by hand penetrometer) on selected samples. If non-routine testing is required, such as Atterberg limit tests, organic content tests•; or consolidation tests, we would contact you to discuss modifications in the scope of work. Geotechnical Report In our report, we will describe the soil, bedrock, and groundwater conditions that we encounter, and present recommendations for feasible methods of foundation and earthwork design and construction. Since we anticipate fill overlying either a thin mantle of naturally occurring soils or directly overlying bedrock, we will discuss site preparation, to include stripping of unsuitable soils from under the building, and bedrock excavation. Assuming the structures can be supported on conventional spread footing foundations, probably bearing on the bedrock, we will present an allowable rock bearing pressure. If it appears that grouting the rock would be necessary, we would present recommendations for carrying this out. We will discuss placement of backfill around new foundations and in underslab utility trenches. For that portion of the development with the basement level, we will give recommendations for placement of a permanent drain system and free-draining granular backfill . We will give an estimated lateral pressure which can be used in design of the basement walls. We will give preliminary recommendations for parameters that may be used for design of exterior retaining walls on this site. Final design would be carried out after the grading plan is completed. We will also give recommendations for preparation of the pavement subgrade. Our report will conclude with a discussion of construction considerations related to foundations and earthwork for the project . Mr. Frank Dunbar 6 November 22, 1996 FEES Based on the scopes of work outlined above, we will charge the following fees. - Phase I ESA $ 2, 500 - Geotechnical exploration (48 feet of soil drilling and 72 feet of rock coring) $ 4, 900 'W4, - Special grout backfill in boreholes as mandated by the Minnesota Department of Health, 120 lineal feet x $2 .00/lineal foot $ 240 If additional borings or deeper,borings are needed, or if engineering and testing are requested beyond that required for preparation of the report (i.e. , post-report consultation, report revision due-to changes in building design or location, specification review, pre-bid or pre- construction meetings) , the increase in our. fees will be in accordance with the unit prices shown on the enclosed fee schedule. We have included our unit prices for construction testing with this . proposal . The fees for the construction testing would depend on the scope of field and laboratory testing which you and the Architect define and authorize. ENVIRONMENTAL CONCERNS This proposal is presented for engineering services to determine the structural properties of the soil at the specified site. This proposal does not cover environmental testing of the soil or groundwater, nor a wetlands assessment . If you wish to have us provide these services, please contact us. ACCEPTANCE We are submitting this proposal in two copies for acceptance. When it is accepted, we ask that one copy be signed by an authorized representative of the party responsible for payment for these services, and that this copy be returned to us as our authorization to proceed. We have enclosed with this proposal a copy of our General Conditions. The terms contained in the General Conditions are incorporated herein and are an integral part of this contract for professional engineering services . ACCEPTANCE OF THIS PROPOSAL BY AUTHORIZED SIGNATURE, VERBAL AUTHORIZATION, OR ISSUANCE OF A PURCHASE ORDER, INDICATES THAT YOU UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS PROPOSAL, INCLUDING THE GENERAL CONDITIONS. 1. i Mr. Frank Dunbar 7 November 22, 1996 If you have questions regarding this proposal, please contact us . Sincerely, GliME 'NS I . T' , INC. f/ i ,, W iam C. Kwasny, P.E. Principal Engineer/P a • - Registered Professi• � - :ngineer, Minnesota Registered Environmenta Assessor -.d , California G� � / r Ac_s. Charles M. Allgood, Jr. , .E. ' Project Engineer Enclosures: ASFE Notes Regarding Geotechnical Engineering Proposals ASFE Notes Regarding Environmental Site Assessments MDH Regulations Regarding Borehole Grout Fee Schedules (Environmental, Geotechnical) General Conditions (Environmental, Geotechnical) ACCEPTED: DATE FIRM AUTHORIZED NAME please print AUTHORIZED SIGNATURE TITLE ' WCK:scj\ms C:\WCK\DUNHAR.PRO r CITY C OF SHAKOPEE Memorandum TO: Mayor and City Council/EDA FROM: Mark McNeill, City Administrator SUBJECT: Developers Agreement- ADC Telecommunications, Inc. DATE: December 13, 1996 INTRODUCTION: At their respective meetings on December 17th, the EDA and City Council will be asked to approve a contract for private development by and between the Shakopee Economic Development Authority,the City of Shakopee, the County of Scott, and ADC Telecommunications,Inc. BACKGROUND: In September,the EDA and City Council approved letters of intent relative to ADC's desire to relocate from Bloomington, to a larger facility to be constructed in Shakopee. A.copy of the letter of intent is attached. Since that time, Steve Bubol, an attorney representing the City has been negotiating a development agreement between ADC and the other parties. A copy dated November 19th is attached. Note that the November 19th contract will have some small changes resulting from comments made by ADC; a copy of this is also being forwarded to Scott County on December 13th; any changes that Scott County might have will need to be approved as an amendment to this contract later. The desire is to have this approved in December by the EDA and City Council. SYNOPSIS: ADC broke ground for grading and footing/foundations in November. This was necessary in. order to meet an occupancy in Fall, 1997. The development agreement stipulates that ADC shall build a building with minimum improvements valued for tax assessment purposes of no less then$9.2 million as of January 2, 1998. That amount excludes land. For practical purposes, this translates to a 280,000 sq. ft. building. The agreement stipulates that in addition to the 570 jobs being transferred, at least 75 additional full time equivalent jobs will be created within 2 years after the certificate of completion, and that the new jobs shall be paid at least$10.00 per hour. In exchange, the City and County will make available through a"local effort" TIF, a maximum principle amount of$1.71 million. This means that the City shall remit to the EDA as much as the additional City taxes as the City has received, up to a maximum amount of$95,000 annually. (The County shall remit to the EDA a maximum of$190,000 annually. Both of those amounts shall then be sent to ADC). For the City, it amounts to $570,000 over 6 years, commencing in 1999. The City has also committed to apply for a grant of$250,000 from the Minnesota Department of Trade and Economic Development to use to support the project. Staff has been working on that, and it is expected that the application will be submitted the week of December 16th. RECOMMENDATION: So that the concepts agreed to in the letter of intent maybe formalized, I recommend that the development agreement be executed. ACTION REQUIRED: If the two bodies concur, each should, by motion, authorize the appropriate signators to execute the contract for private development by and between the Shakopee Economic Development Authority, the City of Shakopee, the County of Scott, and ADC Telecommunications, Inc. 1)0111-ILILW Mark McNeill City Administrator/ Executive Director MM:tw CC: Scott County(Jim Berg) LETTER OF INTENT BETWEEN ADC TELECOMMUNICATIONS, INC. AND THE CITY OF SHAKOPEE, MINNESOTA WHEREAS ADC Telecommunications, Inc. is a private company incorporated within the State of Minnesota(hereinafter referred to as "ADC")with offices at 4900 West 78th Street, Minneapolis, Minnesota 55435 and is proposing to undertake a 280,000 SF manufacturing expansion at an estimated cost of$24 million in Valley Green Industrial Park in Shakopee, Minnesota(hereinafter referred to as the "Projects"); WHEREAS the City of Shakopee, Minnesota is a corporate body politic incorporated under the laws of the State of Minnesota(hereinafter referred to as the "City") with offices at 129 Holmes Street South, Shakopee,Minnesota 55379-1376 and is proposing to assist the Project to be undertaken by ADC through the provision of financing incentives; WHEREAS the City and ADC intend to negotiate the terms of a development contract setting forth the terms under which the City, through its Economic Development Authority, will provide financial incentives to ADC; WHEREAS the parties desire to enter into this Letter of Intent setting forth the general terms that will be negotiated as part of the development contract; and WHEREAS ADC has requested total financial assistance having a net present value of $1,500,000 from the City, County, and State; NOW THEREFORE the City and ADC hereby mutually agree to negotiate in good faith the terms of a development contract containing the following general terms: 1. ADC will initiate the project in 1996 and complete the Project by December 31, 1997. 2. ADC will employ 570 persons at the Project site immediately upon completion of the Project and will create an additional 75 jobs within 2 years following the date of completion of the Project. 3. ADC will agree and stipulate that the minimum estimated market value of the Project upon completion will be $9,200,000. This agreement will remain in effect over the duration of the incentive financing to be provided by the City. 1. 4. The City,through its Economic Development Authority,will provide financial assistance of$570,000 by an annual contribution of$95,000/year to be paid in semi-annual installments of$47,500 each beginning in 1999 through 2004, both inclusive. A condition of these payments is the timely payment by ADC of at least$95,000/year in the City's share of real estate tax payments by ADC as a result of the Project being developed. If ADC pays real taxes in a lesser amount, the City will make a pro rata reduction in its annual contribution to ADC. 5. The City or its EDA will apply for a grant, of at least $250,000, from the Minnesota Department of Trade and Economic Development to be used in support of the Project. Upon receipt of these grant proceeds,the City will provide a loan to ADC in the amount equal to the grant award. The terms of the loan will be 0% interest, 5 year straight line amortization commencing in 1999; furthermore, the City will forgive the loan repayment each year that ADC documents a minimum of 645 jobs at the Project site. 6. ADC's obligation to enter into the development contract will be contingent upon ADC obtaining an incentive financing commitment of$1,140,000 ($190,000/year over 6 years, commencing in 1999). from Scott County, Minnesota. 7. The City's obligation to enter into the development contract will e contingent upon ratification by the City's Economic Development Authority and approval of all necessary permits and licenses required for beginning construction of the Project. 8. ADC and the City will execute a Development Contract prior to November 15, 1996, setting forth the terms and conditions of the agreement between the parties. The Development Contract may be combined with a similar contract to be entered into between ADC and Scott County. By the signature below ADC and the City mutually agree to the terms and conditions identified herein this 1st day of October, 1996. ADC Telecommunications, Inc.: City of Shakopee: Jeff Henderson, Mayor Mark McNeill, City Administrator Judith S. Cox, City Clerk 2 _ t Kennedy 470 Suth Pillsbury Center e 200 South Sixth Street Minneapolis MN 55402 U ( S��i (612)337-9300 telephone I �" � ID &Graven (612)337-9310 fax NOV 2 2 1996 e-mail:attys@kennedy-graven.com CHARTERED STEPHEN J. BUBUL Attorney at Law Direct Dial(612)337-9228 MEMORANDUM November 19, 1996 TO: Distribution List FROM: Steve Bubul RE: ADC Telecommunications Enclosed is a draft of the Contract for Private Development among the Shakopee Economic Development Authority, the City, the County and ADC Telecommunications, Inc. This draft contains some blanks and bracketed language where details were unavailable to me. I have not distributed this draft to Scott County, assuming it is more productive to first work through any issues between the City and ADC. Please contact me with questions or comments when you have had a chance to review the draft. SJB:ckr SJB113442 SH155-17 CITY OF SHAKOPEE ADC TELECOMMUNICATIONS, INC. PROJECT DISTRIBUTION LIST City and EDA City's Financial Advisor Mr. Mark McNeill David McGillivray Mr. Michael Leek Springsted, Inc. City of Shakopee 85 East 7th Place 129 Holmes Street South Suite 100 Shakopee MN 55379-1376 St. Paul, Minnesota 55101 612/469-9662 612/223-3068 612/445-6718 (fax) 612/223-3002 (fax) Developer City/EDA Special Counsel Mr. Steve Chavez, Attorney Stephen J. Bubul ADC Telecommunications Kennedy & Graven, Chartered 4900 West 78th Street 470 Pillsbury Center Minneapolis MN 55435 Minneapolis, MN 55402 612/946-3028 612/337-9228 612/946-3209 (fax) 612/337-9310 (fax) Developer's Consultant Roger Guenette Advance Resources for Development, Inc. 201 North Borad St, Suite 310 Mankato, MN 56001 507/387-7117 507/387-6115 Developer's Counsel Rich Martin Leonard, Street and Deinard Suite 2300 - 150 South Fifth Street Minneapolis, MN 55402 612/335-1577 612/335-1657 (fax) SJB113447 SH155-17 CONTRACT FOR PRIVATE DEVELOPMENT By and Among SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY and CITY OF SHAKOPEE, MINNESOTA and SCOTT COUNTY, MINNESOTA and ADC TELECOMMUNICATIONS, INC. Dated as of: , 1996 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: 337-9300 SJB113353 SH155-17 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 3 ARTICLE II Representations and Warranties Section 2.1. Representations by the City 6 Section 2.2. Representations by the Authority 6 Section 2.3. Representaitons by the County 6 Section 2.4. Representations and Warranties by the Developer 6 ARTICLE III Public Redevelopment Costs; Related Matters Section 3.1. Status of Development Property 8 Section 3.2. Public Redevelopment Costs 8 Section 3.3. Financing of Public Redevelopment Costs 9 Section 3.4. Payment of Administrative Costs 9 Section 3.5. Records 10 Section 3.6. Job and Wage Covenants 10 Section 3.7. Additional State Assistance 11 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements 12 Section 4.2. Construction Plans 12 Section 4.3. Commencement and Completion of Construction 13 Section 4.4. Certificate of Completion 13 ARTICLE V Insurance and Condemnation Section 5.1. Insurance 14 Section 5.2. Subordination 15 SJB113353 SH155-17 1 ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes 16 Section 6.2. Reduction of Taxes 16 Section 6.3. Minimum Market Value 16 ARTICLE VII Financing Section 7.1. Financing 17 Section 7.2. Subordination and Modification for the Benefit of Mortgagee 17 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development 18 Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement 18 Section 8.3. Release and Indemnification Covenants 19 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 21 Section 9.2. Remedies on Default 21 Section 9.3. No Remedy Exclusive 22 Section 9.4. No Additional Waiver Implied by One Waiver 22 Section 9.5. Attorney Fees 22 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable 23 Section 10.2. Equal Employment Opportunity 23 Section 10.3. [Intentionally Omitted] 23 Section 10.4. Provisions Not Merged With Deed 23 Section 10.5. Titles of Articles and Sections 23 Section 10.6. Notices and Demands 23 Section 10.7. Counterparts 24 Section 10.8. Recording 24 SJB113353 SH155-17 11 TESTIMONIUM 25 SIGNATURES 25 SCHEDULE A Development Property SCHEDULE B Certificate of Completion SCHEDULE C Note SJB113353 SH155-17 111 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the day of , 1996, by and between the SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota(the "Authority"),the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipal corporation (the "City"), SCOTT COUNTY, MINNESOTA, a political subdivision of the State of Minnesota (the "County") and ADC TELECOMMUNICATIONS, INC., a Minnesota corporation(the "Developer"). WITNESSETH: WHEREAS, the City has undertaken a program to promote economic development and job opportunities and to promote the development and redevelopment of land which is underutilized within the City, and in this connection created the Minnesota River Valley Housing and Redevelopment Project No. 1 (hereinafter referred to as the "Project") in an area(hereinafter referred to as the "Project Area") located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, by resolution dated , 19_, the City Council transferred control, authority and operation of the Project to the Authority, which currently administers the Project exercising the powers of a housing and redevelopment authority under the Act, in accordance with Minnesota Statutes, Sections 469.090 to 469.1051 (the "EDA Act"); and WHEREAS, pursuant to the EDA Act and the Act, the Authority is authorized to undertake certain activities to prepare such real property for development and redevelopment by private enterprise; and WHEREAS, in order to achieve the objectives of the Housing and Redevelopment Plan (the "Plan") for the Project the Authority is prepared to pay certain public redevelopment costs of the Project, in order to bring about development in accordance with the Plan and this Agreement; and WHEREAS, the City and the Developer have previously entered into that certain Letter of Intent dated as of October 1, 1996 (the "Letter of Intent") describing certain assistance to be provided by the City and the Authority to enable development of certain property in the Project Area by the Developer; and WHEREAS, this Agreement is intended to and does supersede the Letter of Intent in all respects; and WHEREAS, the Authority and City believe that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under v .uch the Project has been undertaken and is being assisted. SJB113353 SH155-17 1 NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: • • 5,113113353 SH155-17 2 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Additional City Taxes" means the real property taxes generated in any tax-payable year by extending the City's local tax rate against the tax capacity of the Minimum Improvements (excluding land) as of January 2 in the prior year. "Additional County Taxes" means the real property taxes generated in any tax-payable year by extending the County's local tax rate against the tax capacity of the Minimum Improvements (excluding land) as of January 2 in the prior year. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Shakopee Economic Development Authority. "Authority Representative" means the Executive Director of the Authority. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City or County is closed for business, ora day on which banking institutions in the City are authorized by law or executive order to close. "City" means the City of Shakopee, Minnesota. "City Contribution" has the meaning described in Section 3.3(b) hereof. "Certificate of Completion" means the certification provided to the Developer, or the purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Development Property, including the Minimum Improvements and the related site improvements, which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality ►f the proposed construction work. SJB113353 SH155-17 3 • "County" means the County of Scott, Minnesota. "County Contribution" has the meaning described in Section 3.3(c) hereof. "Developer" means ADC Telecommunications, Inc., or its permitted successors and assigns. "Development Property" means the real property described in Schedule A of this Agreement. "EDA Act" means Minnesota Statutes, Sections 469.090 to 469.1051, as amended. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Letter of Intent" means the Letter of Intent between the City and the Developer dated as of October 1, 1996. "Maturity Date" means the date that the Note has been paid in full or terminated, whichever is earlier. "Minimum Improvements" means the construction on the Development Property of an approximately 280,000 square foot manufacturing facility,including all related work reimbursable as Public Redevelopment Costs as described in Section 3.2(b). "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means the Taxable Limited Revenue Note, Series 1996 substantially in the form attached as Schedule C to this Agreement, to be issued by the Authority to the Developer. "Project" means the Authority's Minnesota River Valley Housing and Redevelopment Project No. 1. "Project Area" means the real property located within the boundaries of the Project. "Public Redevelopment Costs" has the meaning provided in Section 3.2 hereof. "Remittance Date" has the meaning described in Section 3.3(b) hereof. "State" means the State of Minnesota. SJB113353 SH155-17 4 "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit(other than the Authority or City in exercising their rights under this Agreement)which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, so long as the Construction Plans have been approved in accordance with Section 4.2 hereof. SJB113353 5 S14155-17 ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on their part herein contained: (a) The City is a statutory city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City is a "state public body" as defined in the Act, and proposes to make certain contributions to the Project in order to facilitate development of the Development Property and the Minimum Improvements thereon, all in accordance with Section 469.041(1) and (8) of the Act. Section 2.2 Representations by the Authority. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the EDA Act and the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority proposes to help finance the Public Redevelopment Costs in accordance with the terms of this Agreement. (c) The activities of the Authority are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized and for the purpose of preventing the emergence of blight and blighting conditions in the Project Area, and increasing the commercial tax base and job opportunities in the City. Section 2.3 Representations by the County. (a) The County is a political subdivision of the State, duly organized and existing under the laws of the State. (b) The County is a "state public body" as defined in the Act, and proposes to make certain contributions to the Project in order to facilitate development of the Development Property and the Minimum Improvements thereon, all in accordance with Section 469.041(1) and (8) of the Act. Section 2.4. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a corporation, duly organized and in good standing ur.der the laws of the State, is not in violation of any provisions of its articles of organization, operating SJB113353 6 SH155-17 agreement or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority or City is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Developer will construct the Minimum Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and • federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms. and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (h) The Developer shall promptly advise Authority in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. SJB113353 ^7 SH155-17 ARTICLE III Public Redevelopment Costs; Related Matters Section 3.1. Status of Development Property. Prior to the date of this Agreement, in order to secure access to the Development Property, the Developer acquired fee title to the Development Property for a purchase price of$ , subject to [describe contingencies remaining with seller]. The Developer warrants and represents that it acquired the Development Property in reasonable anticipation of receiving financial assistance from the City or Authority, and such assistance is necessary to permit construction of the Minimum Improvements and remove the above-described contingency. Section 3.2. Public Redevelopment Costs. (a) The Developer will incur(or has incurred) various costs essential to the development of the Minimum Improvements, hereinafter defined as the "Public Redevelopment Costs." In order to make development of the Minimum Improvements financially feasible, the Authority will reimburse the Developer for the Public Redevelopment Costs through issuance of the Note in a maximum principal amount of$1,710,000 in accordance with Section 3.3 hereof. Notwithstanding anything to the contrary herein, if Public Redevelopment Costs exceed the principal amount of the Note or the aggregate of payments thereunder, such excess costs shall be the responsibility of the Developer. (b) The following costs incurred by the Developer on the Development Property after the date of the Letter of Intent shall be deemed Public Redevelopment Costs: grading, excavation, landscaping,on-site utilities, [other?] The Developer must furnish to the Authority Representative copies of the executed construction contract or contracts for the Public Development Costs and all sub-contracts, together with a list of the names and addresses of all sub-contractors. (c) The Authority is authorized to acquire real property and convey such property to private entities at a price determined by the Authority in order to facilitate development or redevelopment of the property. The Authority has determined that, in order to make development of the Minimum Improvements financially feasible, it is necessary to reduce the cost of acquisition of the Development Property. The Authority has also determined that, in light of potential liability that could be incurred by the Authority if the Authority takes title to the Development Property, it is in the best interest of the Authority to reimburse the Developer for the cost of acquisition incurred by the Developer as described in Section 3.1 hereof. Accordingly, the cost of acquisition of the Development Property shall be included in the Public Redevelopment Costs. (d) At the Developer's option, Administrative Costs paid by the Developer under Section 3.4 hereof shall be included in Public Redevelopment Costs. (e) By no later than the date required for completion of the Minimum Improvements under Section 4.3 hereof, and in any event before delivery of the Note, the Developer shall submit to the Authority written evidence in a form satisfactory to the Authority Representative evidence of ai counts incurred and paid for the Public Redevelopment Costs. Such evidence shall include paid invoices or comparable evidence of payment for Public Improvement Costs described SJB113353 SH155-17 8 in Section 3.2(b) and 3.2(d); and an executed purchase agreement, certificate of real estate value, and closing statement for the cost of acquisition described in Section 3.2(c). Section 3.3. Financing of Public Redevelopment Costs. (a) Generally. In order to make development of the Minimum Improvements economically feasible, the Authority will reimburse the Developer for the Public Redevelopment Costs through issuance of the Note in substantially the form attached hereto as Schedule C. The Note shall be secured solely by City Contributions and County. Contributions as defined herein. (b) City Contributions. Each year in which any payment is due under the Note, the City "City calculate the Additional City Taxes and remit such funds to the Authority as the Contributions" toward Public Redevelopment Costs,all to the extent and under the terms set forth in this paragraph. By no later than five Business Days before each semi-annual Scheduled Payment Date under the Note (the "Remittance Date"), the City shall remit to the Authority so much of the Additional City Taxes as the City has received as of such Remittance Date, up to a maximum amount of $47,500. If on any Remittance Date the City has received less than $47,500, the amount of such deficiency shall be carried forward and paid to the Authority on the next Remittance Date on which the City has received Additional City Taxes in excess of$47,500. (c) County Contributions. Each year in which any payment is due under the Note, the County will calculate the Additional County Taxes and remit such funds to the Authority as the "County Contributions"toward Public Redevelopment Costs, all to the extent and under the terms set forth in this paragraph. By each Remittance Date, the County shall remit to the Authority so much of the Additional County Taxes as the County has received as of such Remittance Date, up to a maximum amount of$95,000. If on any Remittance Date the County has received less than $95,000, the amount of such deficiency shall be carried forward and paid to the Authority on the next Remittance Date on which the County has received Additional County Taxes in excess of$95,000. (d) Limitations. The obligations of the City to make the City Contribution and the County to make the County Contribution shall be subject to any levy limits that may be applicable to such entities. The City Contribution and County Contribution are payable solely from and to the extent of the Additional City Taxes and Additional County Taxes, respectively, and nothing herein shall be construed to obligate the City or County to make payments from any other funds. (e) Delivery. The Note shall be delivered by the Authority to the Developer upon compliance by the-Developer with the terms of Section 3.2(e) hereof. If the total Public Redevelopment Costs incurred by the Developer are less than $1,710,000, the principal amount of the Note shall be reduced to such lesser amount, and the semi-annual payments adjusted accordingly. In the event of any inconsistency between the terms of this Agreement and the terms of the Note, the terms of the Note shall control. Section 3.4. Payment of Administrative Costs. The Developer agrees that it will pay to the" Authority all out of pocket costs incurred by the Authority, the City and the County (including without limitation attorney and fiscal consultant fees) in+.'.ie negotiation and preparation of this Agreement and other documents and agreements in coni ection with the development contemplated hereunder, including without limitation the DTE[ grant and loan described in SJB113353 n SH155-17 9 Section 3.7 hereof(collectively, the"Administrative Costs"). Out of pocket Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the Authority, City or County. The Developer shall pay Administrative Costs from time to time within 30 days after receipt of written notice thereof from the Authority. The Authority shall transfer to the City and County any portion of Administrative Costs attributable to those respective entities promptly upon receipt of payment from the Developer. Section 3.5. Records. The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Public Redevelopment Costs and the Minimum Improvements. Developer shall also use best efforts to cause the contractor or contractors,all sub-contractors and their agents and lenders to make their books and records relating to the Public Redevelopment Costs available to City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by Developer until the Maturity Date. Section 3.6. Job and Wage Covenants. (a) Within days after issuance of the Certificate of Completion for the Minimum Improvements, the Developer cause to be created at least 570 full-time equivalent jobs on the Development Property. (b) Within two years after issuance of the Certificate of Completion for the Minimum Improvements, the Developer shall: (i) cause to be created at least 75 additional full-time equivalent jobs on the Development Property(over and above the 570 jobs created in compliance with Section 3.6(a) hereof); (ii) demonstrate that the total full-time equivalent jobs located on the Development Property represent a net increase of at least 75 full-time equivalent jobs over the number of jobs employed by the Developer anywhere in the State as of the date of this Agreement; and (iii) demonstrate that the wages for the 75 net new jobs as described in clause (iii) are at least $10 per hour. (c) The Developer shall satisfy the requirements under this Section by submitting to the Authority, the City and the County on or before the dates specified in paragraphs (a) and (b) of this Section, written employment records in a form reasonably satisfactory to the Authority, City and County showing that, at any time before the respective compliance dates, the Developer has caused creation of the jobs and attainment of the wage levels specified in this Section, and that such jobs and wage levels have been maintained for at least 30 days. (d) Failure by the Developer to comply with the terms of Sections 3.6(a) and 3.6(b)(i) hereof shall be an Event of Default, subject to the remedies under Article IX hereof. (e) If the Developer fails to comply with any of the terms of Section 3.6(b)(ii) or (iii) hereof (after due notice of default under Article IX hereof), the Developer shall repay to the Authority the amount of any payments received by the Developer under the Note. Promptly upon receipt of such repayment by the Developer, the Authority shall remit such amount to the City and the County, respectively, in proportion to the City Contributions and County Contributions that were the source of the Note payments. Nothing in this Section shall be construed to limit the Authority's other remedies under Article IX hereof. SJB113353 SH155-17 10 Section 3.7. Additional State Assistance. The Authority has previously applied for and will continue its efforts to obtain a grant of at least $250,000 from the Minnesota Department of Trade and Economic Development ("DTED") in order to assist development of the Minimum Improvements. The Developer will cooperate with the Authority in seeking such DTED grant, including without limitation providing any information requested by the Authority or DTED. If the Authority receives such grant, the Authority will provide a loan to the Developer in an amount equal to the grant award. The terms of the loan shall be specified in a loan agreement to be entered into between the Authority and the Developer, which agreement shall provide, at a minimum: a no-interest loan, payable in annual installments over five years commencing in 1999, with forgivement of annual installments in each year that the Developer documents the existence of at least 645 full-time equivalent jobs on the Development Property. The Authority will use its best efforts to obtain the DTED grant described herein, but shall have no obligation to the Developer under this Section if Authority does not receive the grant. SJB113353 S11155-17 11 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements.ents. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the roved P rt3' PP Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve. and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a) The parties acknowledge that Developer, in reliance on the assistance to be provided by the City or Authority as described in the Letter of Intent, has commenced grading, excavation, utilities and foundations for the Minimum Improvements prior to the date of this Agreement. Before commencement of additional construction of the Minimum Improvements, the Developer shall submit to the Authority Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 20 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 20 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the SJB113353 SH155-17 12 Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays,the Developer shall commence construction of the Minimum Improvements by December 31, 1996. Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum Improvements by December 31, 1997. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative will furnish the Developer with a Certificate shown as Schedule B. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the Authority Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be complete upon issuance of a certificate of occupancy by the Authority. SJB113353 13 SH155-17 ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance(including operations,contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the Authority as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure;provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. SJB113353 SH155-17 14 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (e) The Developer and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. SJB113353 SH155-17 15 ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment through issuance of the Note. The Developer understands that the City Contributions and County Contributions pledged to the Note are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Reduction of Taxes. The Developer agrees that prior to the Maturity Date it will not (a) cause a reduction in the real property taxes paid in respect of the Development Property through willful destruction of the Minimum Improvements or any part thereof; (b)fail to reconstruct the Minimum Improvements if damaged or destroyed, as required under Section 5.1(d) hereof; (c) apply for a deferral of property tax on the Development Property pursuant to Minnesota Statutes, Section 469.181, or any similar law; (d) convey or transfer or allow conveyance or transfer of the Development Property to any entity that is exempt from payment of real property taxes under State law; or(e) seek, through the exercise of legal or administrative remedies, a reduction in the market value of the Minimum Improvements below the value specified in Section 6.3 hereof. Section 6.3 Minimum Market Value. The Developer agrees that the estimated market value of the Minimum Improvements (excluding land) for tax assessment purposes shall be no less than $9,200,000 as of January 2, 1998 and January 2 of each year thereafter through the Maturity Date. The parties agree and understand that this agreement does not constitute an "assessment agreement" within the meaning of Minnesota Statutes, Section 469.177, subd. 8 and is not binding on the County assessor. Rather, it is a contractual obligation of the Developer hereunder, breach of which is an Event of Default subject to the remedies set forth in Article IX hereof. Nothing in this Section or Section 6.2 shall limit the discretion of the County assessor to assign a market value to the Minimum Improvements higher or lower than minimum value specified herein, nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided that the Developer does not seek a reduction of such market value below the minimum value specified herein. SJB113353 16 SH155-17 ARTICLE VII Financing Section 7.1. Financing. (a) Before commencement of construction of the Minimum Improvements,the Developer shall submit to the Authority evidence of one or more commitments for mortgage or internal financing which, together with committed equity for such construction, is `sufficient for the construction of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long term take-out financing commitment, or any combination of the foregoing. (b) If the Authority finds that the financing is sufficiently committed and adequate in amount to provide for the construction of the Minimum Improvements then the Authority shall notify the Developer in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within ten (10) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Developer shall submit adequate evidence of financing within ten (10) days after such rejection. Section 7.2. Subordination and Modification for the Benefit of Mortgagee. In order to facilitate the Developer obtaining financing for purchase of the Development Property and for construction according to the Construction Plans, the Authority agrees to subordinate its rights under this Agreement to the Holder of the. Mortgage, provided that the subordination of the Authority's rights under his Agreement shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing. SJB113353 SH155-17 17 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development. The Developer represents and agrees that its purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to the issuance of a Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Developer (collectively, a "Transfer"), without the prior written approval of the Authority unless the Developer remains liable and bound by this Development Agreement in which event the Authority's approval is not required. Any such Transfer shall be subject to the provisions of this Agreement. Notwithstanding anything to the contrary in this Section, the Developer may assign its rights under this Agreement or the Note to the Holder of a Mortgage, provided the Mortgage is approved by the Authority in accordance with Article VII hereof. (b) In the event the Developer, upon Transfer of the Development Property or any portion thereof, seeks to be released from its obligations under this Development Agreement as to the portions of the Development Property that is transferred or assigned, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) _ Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; pr.,vided, SJB113353 SH155-17 1 O 0 however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. The restrictions under this Section terminate upon issuance of the Certificate of Completion. Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the Authority, the City and the County and the governing body members, officers, agents, servants and employees thereof(the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Development Property or the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties,the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Development Property or the Minimum Improvements. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, ager:3, servants or employees or any other person SJB113353 8H155-17 19 who may be about the Development Property or Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations,promises, agreements and obligations of the Authority, City, or County contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of such entities and not of any governing body member, officer, agent, servant or employee of such entities in the individual capacity thereof SJB113353 SH155-17 20 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (b) Commencement by the Holder of any Mortgage on the Development Property or any improvements thereon, or any portion thereof, of foreclosure proceedings as a result of default under the applicable Mortgage documents; (c) If the Developer shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) make an assignment for benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the Authority, City or County may exercise its rights under this Section 9.2 after providing thirty days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the Developer does not, within such 30-day period, provide assurances reasonably satisfactory to the party providing notice of default that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the Developer will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate the party's obligations under the Agreement and the Note; provided that: (i) if the City terminates its obligations under the Agreement, it shall have no further obligations to make City Contributions hereunder,and the Authority shall have no obligation to make payments under the Note from such funds; SJB113353 21 SH15S-17 (ii) if the County terminates its obligations under the Agreement, it shall have no further obligations to make County Contributions hereunder, and the Authority shall have no obligation to make payments under the Note from such funds; (iii) if both the City and the County terminate their obligations to make City Contributions and County Contributions, respectively, this Agreement and the Note shall be deemed terminated and the Authority shall have no further obligations thereunder. The Authority may not terminate its obligations to make payments under the Note unless both the City and the County have terminated their obligations hereunder. 4 (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs and if the Authority, County or City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten days of written demand by the Authority, County or City,pay to the Authority, County or City the reasonable fees of such attorneys and such other expenses so incurred by the Authority, County or City. SJB113353 SH155-17 22 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority, City, County and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City, Authority or County shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City, Authority or County shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City, Authority or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. [Intentionally Omitted] Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 4900 West 78th Street, Minneapolis, MN 55435; Attention: ; and (b) in the case of the Authority or the City, is addressed to or delivered personally to the City at City Hall, 129 Holmes Street, Shakopee, Minnesota 55379-1376; Attention: City Administrator; and (c) in the case of the County is addressed to or delivered personally to the County at the Scott County Courthouse, 428 Holmes Street, Shakopee, Minnesota 55379-1';76; Attention: County Attorney SJB113353 811155-17 23 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Scott County recorder. The Developer shall pay all costs for recording. SJB113353 SH155-17 24 IN WITNESS WHEREOF, the Authority, City, County, County and Developer have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 by and , the President and Executive Director of the Shakopee Economic Development Authority, on behalf of the Authority. Notary Public SJB113353 SH155-17 25 CITY OF SHAKOPEE, MINNESOTA By Its Mayor By • Its City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 by and , the Mayor and City Administrator of the City of Shakopee, Minnesota, on behalf of the City. Notary Public SJB113353 SH155-17 26 SCOTT COUNTY, MINNESOTA By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 by and ,the and of Scott County, Minnesota, on behalf of the County. Notary Public SJB113353 27 SH155-17 ADC TELECOMMUNICATIONS, INC. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 by ,the Inc., a Minnesota corporation, on behalf of the corporation. of ADC Telecommunications, Notary Public SJB113353 SH155-17 28 SCHEDULE A DEVELOPMENT PROPERTY SJB113353 SH155-17 A-1 SCHEDULE B CERTIFICATE OF COMPLETION The undersigned hereby certifies that ADC Telecommunications, Inc. (the "Developer") has fully complied with its obligations under Articles III and IV of that document titled "Contract for Private Development," dated , 1996 among the Shakopee Economic Development Authority, the City of Shakopee, Minnesota, Scott County, Minnesota and the Developer, with respect to construction of the Minimum Improvements in accordance with the Construction Plans, and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements under Articles III and IV. Dated: , 199_. SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY By Authority Representative SJB113353 SH155-17 B-1 SCHEDULE C UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $1,710,000 TAXABLE LIMITED REVENUE NOTE SERIES 1996 Date of Original Issue , 1996 The Shakopee Economic Development Authority(the"Issuer"),hereby acknowledges itself to be indebted and, for value received,promises to pay to the order of ADC Telecommunications, Inc. or registered assigns(the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal sum of$1,710,000 (the "Principal Amount"), without interest thereon. This Note is given in accordance with that certain Contract for Private Development among the Issuer, the City of Shakopee (the "City"), Scott County (the "County") and the Owner dated as of , 1996 (the "Contract"). Capitalized terms used and not otherwise defined herein shall have the meaning provided for such terms in the Contract unless the context clearly requires otherwise. The Principal Amount of this Note shall be payable in semi-annual installments of $142,500 each, payable on each February 1 and August 1, (the "Scheduled Payment Dates") commencing August 1, 1999 and ceasing no later than February 1, 2005 (the "Final Maturity Date"). The Principal Amount is subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. This Note is payable solely from and to the extent of amounts received by the Issuer from the City as City Contributions and from the County as County Contributions, all in accordance with the Contract. Such City Contributions and County Contributions are payable to the Issuer solely from and to the extent of Additional City Taxes and Additional County Taxes, respectively. The obligation of the Issuer to pay the Principal Amount due on any Scheduled Payment Date SJB113353 SH155-17 C_1 shall not be deemed to be in default in the event City Contributions or County Contributions are insufficient to make such payments. If on any Scheduled Payment Date the Issuer has received insufficient City Contributions or County Contributions to pay the amount due hereunder on such date, the amount of such deficiency shall be deferred and paid to the Owner on the next Scheduled Payment Date on which the Issuer has received such deferred City Contributions or County Contributions, as the case may be, in accordance with the Contract. The Issuer shall have no obligation to make any payment on any Scheduled Payment Date if, as of such date there has occurred and is continuing any Event of Default on the part of the Owner as defined in the Contract. If the Event of Default is thereafter cured in accordance with the Agreement, the City Contributions and County Contributions as of such Scheduled Payment Date shall be deferred and paid on the next Scheduled Payment Date after the Event of Default is cured. If an Event of Default is not timely cured and either the City or the County elects to terminate their respective obligations under the Contract, the Issuer shall have no further obligations to make payments hereunder from City Contributions or County Contributions, as the case may be. If an Event of Default is not timely cured and both the City and County terminate their respective obligations under the Contract, the Contract and the Note shall be deemed terminated and the Issuer shall have no further obligations hereunder. The Issuer may not terminate the Note unless the City and the County have terminated their obligations under the Contract. This Note shall terminate and be of no further force and effect as of the earlier of: (1) the last Scheduled Payment Date; (2) the date the Principal Amount shall have been paid in full; or (3) the date the Contract and the Note have been terminated in accordance with the Contract. The Issuer make no representation or covenant, express or implied, that the City Contributions or the County Contributions will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Issuer shall have no obligation to pay any portion of the Principal Amount that remains unpaid after February 1, 2005. This Note is issued for the purpose of financing certain public redevelopment costs in connection with a project undertaken by the Issuer pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and is issued pursuant to the resolution of the Issuer adopted on , 1996 (the "Resolution") duly adopted by the Issuer pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.034. This Note is a limited obligation of the Issuer, payable solely from moneys pledged to the payment of the Note under the Resolution. The Note shall not be deemed to constitute a general obligation of the State of Minnesota, or any political subdivision thereof, including, without limitation, the Issuer. Neither the State of Minnesota, nor any political subdivision thereof, including, without limitation, the Issuer, shall be obligated to pay the principal of this Note or other costs incident hereto except from the revenues and receipts pledged therefor, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof, including, without limitation, the Issuer, is pledged to the payment of the principal of this Note or other costs incident hereto. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of f le Issuer kept for that purpose at the principal office of the Registrar, by the Owner SJB113353 SH155-17 C-2 hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Issuer, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Issuer with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing no interest, and maturing on the same dates. This Note shall not be transferred to any person or entity unless the Issuer has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Issuer, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Transfer of the ownership of this Note to a person other than one permitted by this paragraph without the written consent of the Issuer shall relieve the Issuer of all of its obligations under this Note. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions,and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done,have happened, and have been performed in regular and due form, time,and manner as required by law; and that this Note, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Board of Commissioners of the Shakopee Economic Development Authority has caused this Note to be executed by the manual signatures of the President and the Executive Director of the Issuer and has caused this Note to be dated as of the Date of Original Issue specified above. SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY Executive Director President REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director in the name of the person last listed below. Date of Signature of Registration Registered Owner City Clerk ADC Telecommunication:, Inc. SJB113353 SH155-17 C-3 CITY OF SHAKOPEE RESOLUTION NO. 4588 RESOLUTION APPROVING A CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE CITY, THE SHAKOPEE ECONOMIC DEVELOPMENT AUTI IORITY, SCOTT COUNTY AND ADC TELECOMMUNICATIONS, INC. BE 1T RESOLVED By the City Council ("Council") of the City of Shakopee ("City") as follows: Section 1. Recitals. 1.01. The Shakopee Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. Among the activities to be assisted by the Authority in the Project is development of a manufacturing facility on certain property(the"Property")in the Project, commonly referred to as the "ADC Project." • 1.03. There has been presented before the Council a Contract for Private Development among the City of Shakopce (the "City"), the Authority, Scott County and ADC Telecommunications,Inc. (the "Contract"), setting forth the terms and conditions of development of the ADC Project and the City's participation in that effort. 1.04. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval: Further Proceedings. 2.01. The Contract as presented to the City is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02• The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City the City's obligations thereunder. SJ31:4,08 AE200-4 30vd 0tC6LCC t9'QI N3Atfel0 'B AQ3NN3X'W0?I3 9S 'et 96-Ct-03Q .47„ rlw. ' � „,Yx`^;t::71 µ 3< �'.t,,a' '+ & r 4 ,M'•1111 „' ,*:‘",:,,14 . • ”^±Ce a -,� 4kq5 5 4 � ` ‘,‘:` Approved by the City Council of the City of Shakopee this 17th day of December, 1996. Mayor ATTEST: City Administrator • • 532114108 ar.200-4 2 �.,..s eiTccicc,,to:rtt NAnHMn 'St 1tf73NN33.1:1,4021i_1.S ' Et 96-Et-330 dbfl- CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the day of , 1996, by and between the SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota(the"Authority"),the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipal corporation (the "City"), SCOTT COUNTY, MINNESOTA, a political subdivision of the State of Minnesota (the "County") and ADC TELECOMMUNICATIONS, INC., a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the City has undertaken a program to promote economic development and job opportunities and to promote the development and redevelopment of land which is underutilized within the City, and in this connection created the Minnesota River Valley Housing and Redevelopment Project No. 1 (hereinafter referred to as the "Project") in an area(hereinafter referred to as the "Project Area") located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, by resolution dated , 19 , the City Council transferred control authority and operation of the Project to the Authority, which currently administers the Projec exercising the powers of a housing and redevelopment authority under the Act, in accordance with Minnesota Statutes, Sections 469.090 to 469.1051 (the "EDA Act"); and WHEREAS, pursuant to the EDA Act and the Act, the Authority is authorized tc undertake certain activities to prepare such real property for development and redevelopment b2 private enterprise; and WHEREAS, in order to achieve the objectives of the Housing and Redevelopment Plai (the "Plan") for the Project the Authority is prepared to pay certain public redevelopment costs of the Project, in order to bring about development in accordance with the Plan and this Agreement; and WHEREAS, the City and the Developer have previously entered into that certain Letter of Intent dated as of October 1, 1996 :;::>::>: ;tFe �' :tai ::>;:.:>>:>: :;.:,:; :�,;:.:.>::<.':.'<.;:;:;>:,.::<I�a�t:<.,,>:,>:.,;;<: 1:<:;:;:>1:">:>::>:;>:�>:<: 99 ::. : .> :.:.: F . y. ?te eco into that'cer:ta i:L:etter:of:Intenl:dated::as of:Octok r::1:5>1:996 001100.001.K4he "Letter of Intent") describing certain assistance to be provided by the Cityi A'the Authorityt e nt to enable development of certain property in the Project Area by the Developer; and WHEREAS, this Agreement is intended to and does supersede the Letter of Intent in all respects; and WHEREAS, the Authority and City believe that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the Ciry and the health, safety, morals, and welfare of its residents, and in accord with the public purpos:s and provisions of the applicable State and local laws and requirements under which the Projec.: has been undertaken and is being assisted. SJS113353 SH155-17 1 "County" means the County of Scott, Minnesota. "County Contribution" has the meaning described in Section 3.3(c) hereof. "Developer" means ADC Telecommunications, Inc., or its permitted successors and assigns. "Development Property" means the real property described in Schedule A of this Agreement. "EDA Act" means Minnesota Statutes, Sections 469.090 to 469.1051, as amended. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Letter of Intent" meansliNOW.00 the Letter of Intent between the City and the Developer dated asof :;;;:.:::.::;;...;,;:.;.,,.;.t;,..:.;:.:::.; .:..:.:;:.::;:,:...; .,;..:..:,.;.e . ::.;:.;::;:.:;.::.:.:::::.::wag* ::.:e p October 1, 1996¢:4W: > otwoftw twooka cat ;:>a :::g . ................,..::,..:.. :,,,.:::,:.:..::::::,,..:.::.. DeveloperDiRtNiggititas>o Octob » , 1996. "Maturity Date" means the date that the Note has been paid in full or terminated, whichever is earlier. "Minimum Improvements" means the construction on the Development Property of an approximately 280,000 square foot manufacturing facility, including all related work reimbursable as Public Redevelopment Costs as described in Section 3.2(b). "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means the Taxable Limited Revenue Note, Series 1996 substantially in the form attached as Schedule C to this Agreement, to be issued by the Authority to the Developer. "Project" means the Authority's Minnesota River Valley Housing and Redevelopment Project No. 1. "Project Area" means the real property located within the boundaries of the Project. "Public Redevelopment Costs" has the meaning provided in Section 3.2 hereof. "Remittance Date" has the meaning described in Section 3.3(b) hereof. "State" means the State of Minnesota. SJB113353 SH155-17 4 ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on their part herein contained: (a) The City is a statutory city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City is a "state public body" as defined in the Act, and proposes to make certain contributions to the Project in order to facilitate development of the Development Property and the Minimum Improvements thereon, all in accordance with Section 469.041(1) and (8) of the Act. Section 2.2 Representations by the Authority. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the EDA Act and the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority proposes to help finance the Public Redevelopment Costs in accordance with the terms of this Agreement. (c) The activities of the Authority are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized and for the purpose of preventing the emergence of blight and blighting conditions in the Project Area, and increasing the commercial tax base and job opportunities in the City. Section 2.3 Representations by the County. (a) The County is a political subdivision of the State, duly organized and existing under the laws of the State. (b) The County is a "state public body" as defined in the Act, and proposes to make certain contributions to the Project in order to facilitate development of the Development Property and the Minimum Improvements thereon, all in accordance with Section 469.041(1) and (8) of the Act. Section 2.4. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a corporation, duly organized and in good standing under the laws of the State, is not in violation of any pi ovisions of its articles of Arncor ration and SJB113353 6 SH155-17 M <is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority or City is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Developer will construct the Minimum Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements • may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoingch de. at c r `rea`"' > `"igh revent:ti : velo ifr m : tit:::>:: ::.>.:b igitt _ : .:.nde_.,'thi..,:..: >.,..:.::.:....<;..,:::: :.::::. .........:::.::.::.:.;:.:.>:>:: ::>::t ':»:<:>::>::>::>::»: ;>:1. .;:;:::�::»>:::�:.�::;��€�b�igatrc�ns nttder s A�anze�� (h) The Developer shall promptly advise Authority in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. SJB113353 SH155-17 7 ARTICLE III Public Redevelopment Costs; Related Matters Section 3.1. Status of Development Property. Prior to the date of this Agreement, in order to secure access to the Development Property, the Developer acquired fee title to the Development Property for a purchase price of$ A. The Developer warrants and represents that it acquired the Development Property in reasonable anticipation of receiving financial assistance from the City or Authority, and such assistance is necessary to permit construction of the Minimum Improvements and remove the above-described contingency. Section 3.2. Public Redevelopment Costs. (a) The Developer will incur(or has incurred) various costs essential to the development of the Minimum Improvements, hereinafter defined as the "Public Redevelopment Costs." In order to make development of the Minimum Improvements financially feasible, the Authority will reimburse the Developer for the Public Redevelopment Costs through issuance of the Note in a maximum principal amount of$1,710,000 in accordance with Section 3.3 hereof. Notwithstanding anything to the contrary herein, if Public Redevelopment Costs exceed the principal amount of the Note or the aggregate of payments thereunder, such excess costs shall be the responsibility of the Developer. (b) The following costs incurred by the Developer on the Development Property after A0d615030199ashall be deemed Public Redevelopment Costs:grading,excavation,landscaping, and on-site utilities. A The Developer must furnish to the Authority Representative copies of the executed construction contract or contracts for the Public Development- Costs and all sub- contracts, together with a list of the names and addresses of all sub-contractors. (c) The Authority is authorized to acquire real property and convey such property to private entities at a price determined by the Authority in order to facilitate development or redevelopment of the property. The Authority has determined that, in order to make development of the Minimum Improvements financially feasible, it is necessary to reduce the cost of acquisition of the Development Property. The Authority has also determined that, in light of potential liability that could be incurred by the Authority if the Authority takes title to the Development Property, it is in the best interest of the Authority to reimburse the Developer for the cost of acquisition incurred by the Developer as described in Section 3.1 hereof. Accordingly, the cost of acquisition of the Development Property shall be included in the Public Redevelopment Costs. (d) A Administrative Costs paid by the Developer under Section 3.4 hereof shall be included in Public Redevelopment Costs. (e) By no later than the date required for completion of the Minimum Improvements under Section 4.3 hereof, A the Developer shall submit to the Authority written evidence in a form satisfactory to the Authority Representative evidence of amounts incurred and paid for the Public Redevelopment Costs. Such evidence shall include paid invoices or comparable evidence of payment for Public Improvement Costs described in Section 3.2(b)and 3.2(d); and an executed SJB113353 SH155-17 8 purchase agreement, certificate of real estate value, and closing statement for the cost of acquisition described in Section 3.2(c). Section 3.3. Financing of Public Redevel pment Costs. (a) Generally. In order to make development of the Minimum Improvements economically feasible, the Authority will reimburse the Developer for the Public Redevelopment Costs through issuance of the Note in substantially the form attached hereto as Schedule C. The Note shall be s_ecured solely by City Contributions and County Contributions as defined herein.. b CityContributions. A ;:: ::.;°,;:>:.:::,;°;.::>::::;:;yeooli 999 :t: ..:,'�' `2:•:4, ( ) .: .;� :�:; :� C'a;;�_�;;. .,.�.�:;:1 �� ;, #,,;the City will calculate the Additional City Taxes and remit such funds to the Authority as the "City Contributions" toward Public Redevelopment Costs, all to the extent and under the terms set forth in this paragraph. By no later than five Business Days before each semi-annual Scheduled Payment Date under the Note (the "Remittance Date"), the City shall remit to the Authority so much of the Additional City Taxes as the City has received as of such Remittance Date, up to ximum amount of $47,500. ' a ma..;... Dake::are>::a;a .le>:fr :m:;:._ .: . ...:.;;,.....;. :... ::...,....:...:.::.:::::.::::.:.;::::: :.;':;:: .•.:,,,,;:k <:;•:::_:<>::::; >�-�::, ::::.::.::.::.::.::.::.:::I�.:;Y;•:�.:::::::::a��u,�dd .i€±�'; .�:;<� `�c�a< I7eeted:::�n:<tl��:::.: .; .. .. .;. .;: . . .::...: :. ..;.: . .. :.::::.::::::::.:::.::::::::::.;::.�:::::::::::::::::.:::::.�::::.�:.�:::::::::::::::.::;?�.::._:::::::::::._:.::::::::::::::::::::::::::::.�::::::::.;• . :;throb€ ..::t ,�rtEance.:l�a# .. ::. ; ��ed�Incl::::�a:: �.nt::;Date::.... :: : .: .. �:.:........:..: :::::. .::::::::: ::::::......:�: :....:abs :•:. ..:.. ..ii::i. ::.... ..;.}::.::..:.:..:.:...:.:::(...::: iniif:.:'.:,{.y:':4;:::::^:::::::::::::i'?4'+ii}i:^:?i};�::::::::•::::::....::.�::::w:Cii;{JSi}ilii:::.:::::::::.�::::::'.:•ii:'i: •,:.i.:. ; .:. tin the p art oa:thereo `� : :.hed> ..:,.• .:g:::::: >I pa,:.....,.::::.,•..:;., :.:�. :;.:.:.; :»>; :>:: : :: �.�rrQx�A•� ::::�a�t�nt....If on any Remittance Date the City has received less than $47,500, the amount of such deficiency shall be carried forward and paid to the Authority on the next Remittance Date on which the City has received Additional City Taxes in excess of$47,500. (c) CountyCon tributionsA I : : ;;:: ;: ; ;*JI:.:..... o :.;: ;•';'•::#.; the County will calculate the Additional County Taxes and remit such funds to the Authority as the "County Contributions"toward Public Redevelopment Costs, all to the extent and under the terms set forth in this paragraph. By each Remittance Date, the County shall remit to the Authority so much of the Additional County Taxes as the County has .received asof such Remittance Date, up to a .:::i::i:::::::::i::i:::::�::L:::i';:Li{i:i:::a::isi::isi:::isiiiiifi:C •i;+Jr•:iiiii??}:4:?i?y::.i:::: .:� :: .�:.:.::...:�..::................ maximum amount of$95,000. ottn:.y Conti butionsin conn. .:..:..,,:...:::.:..::..> :: ::.,.:. ::.:. ::: :>'..,:: .>::.u . .._: ..__.. .. : .:�:: .:::.::::::::::::;>;;;:.;::<.::::::::::::::::.�:::.�:::::::::::: �n: th:.:......�An €tsl:�.i..�hedul ;.. : :.;:. :.... : . .::.. • .::. ' mimic l ate, and. Cc uuty C tra€butions connee on with y ebrua�r3 : :: ch du ed Pa..,ment�:Date:.: re:: a.;able:;<fro :;;Addition €l un::. T xe ;:. :. :::. �.::.:::::::;::::::..:......:.:.::1�.:.� :::: .........::::::::::::::::::::::::::::::::::::: ......�c :,c��c�ted.i�.the.:. :...::,: :.:: .:::.,,,:;.,..,..,.<,<._.:. ..:<.:.;: ;:<�:;�:;�::..::::.>>:.;:<`•..> ;::»::>::::,»:<:: `<>::<:>:"�:::;::;;; ::_;; :;>::>: : : t o Dates after ded ting the.portion thea pplxed to the pr or ivgust 1 yment. ::::.: ::::: If on any Remittance Date the County has received less than $95,000, the amountpaof such deficiency shall be carried forward and paid to the Authority on the next Remittance Date on which the County has received Additional County Taxes in excess of$95,000. (d) Limitations. The obligations of the City to make the City Contribution and the County to make the County Contribution shall be subject to any levy limits that may be applicable to such entities. The City Contribution and County Contribution are payable solely from and to the extent of the Additional City Taxes and Additional, County Taxes, respectively, and nothing herein shall be construed to obligate the City or County to make payments from any other funds. (e) Delivery. The Note shall be delivered by the Authority to the eveloper> upon ; :D:;:::;: utio of this Agreement,provided that the oblig on cf the Authority to matte a zy payment urger the Note,. d the obligations.o 'the:City untytt :maketheir;respective contributions SJB113353 SH155-17 9 tothowthowaidggiogoottowitimoloo compliance by the Developer with the terms of Section 3.2(e) hereof. If the total Public Redevelopment Costs incurred by the Developer are less than $1,710,000, the principal amount of the Note shall be reduced to such lesser amount, and the semi-annual payments adjusted accordingly,`> r,<:part on to t :duc ion rn r ip t< t. In the event of any inconsistency between the terms of this Agreement and :: : .:.,,...... the terms of the Note, the terms of the Note shall control. Section 3.4. Payment of Administrative Costs. The Developer agrees that it will pay to the Authority all out of pocket costs incurred by the Authority, the City and the County (including without limitation attorney and fiscal consultant fees)in the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder, including without limitation the DTED grant and loan described in Section 3.7 hereof(collectively,the "Administrative Costs"). Out of pocket Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the Authority, City or County. The Developer shall pay Administrative Costs from time to time within 30 days after receipt of written notice thereof from the Authority. The Authority shall transfer to the City and County any portion of Administrative Costs attributable to those respective entities promptly upon receipt of payment from the Developer. Section 3.5. Records. The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Public Redevelopment Costs and the Minimum Improvements. Developer shall also use best efforts to cause the contractor or contractors, all sub-contractors and their agents and lenders to make their books and records relating to the Public Redevelopment Costs available to City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by Developer until the Maturity Date. Section 3.6. Job and Wage Covenants. (a) Within 60 days after issuance of the Certificate of Completion for the Minimum Improvements, the Developer cause to be created at least 570 full-time equivalent jobs on the Development Property. (b) Within two years after issuance of the Certificate of Completion for the Minimum Improvements, the Developer shall: (i) cause to be created at least 75 additional full-time equivalent jobs on the Development Property(over and above the 570 jobs created in compliance with Section 3.6(a) hereof); (ii) demonstrate that the total full-time equivalent jobs located on the Development Property represent a net increase of at least 75 full-time equivalent jobs over the number of jobs employed by the Developer anywhere in the State as of the date of this Agreement; and (iii) demonstrate that the wages for the 75 net new jobs as described in clause (ii) are at least $10 per hour. (c) The Developer shall satisfy the requirements under this Section by submitting to the Authority, the City and the County on or before the dates specified in paragraphs (a) and (b) of this >:>::>::>;::>:»:<::>:;<::<::<::<:::>:>::>:>::>::;::;::;:::>>::;:>:»:;::::>::»: <:>: :<::>::>::> ::>:>:>::>::>::::::>::>::;» ::<::::>::>:>;:< >:>:>: :> ::>::>:>::::>;>:<:::;;. Section, A e :to>.::;:. t re�,.:;rts;in;the;>for a Cached:>a :Schedule>1)hereto, showin that, at any time before the respective compliance dates, the Developer has caused creation of the jobs and attainment of the wage levels specified in this Section, and that such jobs and wage levels have been maintained for at least 30 days. SJB113353 SH155-17 10 (d) Failure by the Developer to comply with the terms of Sections 3.6(a) and 3.6(b)(i) hereof shall be an Event of Default, subject to the remedies under Article IX hereof. (e) If the Developer fails to comply with any of the terms of Section 3.6 b iior (iii) hereof(after due notice of default under Article IX hereof), he Not' ""0'>Nthis A ':ee°' "°'`" `°a 1, 156iiktieliftiEtiiiiiiitiatidg.iiiikihe Developer shall repay to the p p y Authority the amount of any payments received by the Developer under the Note. Promptly upon receipt of such repayment by the Developer, the Authority shall remit such amount to the City and the County,respectively, in proportion to the City Contributions and County Contributions that were the source of the Note payments. A Section 3.7. Additional State Assistance. The Authority has previously applied for and will continue its efforts to obtain a grant of at least $250,000 from the Minnesota Department of Trade and Economic Development ("DTED") in order to assist development of the Minimum Improvements. The Developer will cooperate with the Authority in seeking such DTED grant, including without limitation providing any information requested by the Authority or DTED. If the Authority receives such grant, the Authority will provide a loan to the Developer in an amount equal to the grant award. The terms of the loan shall be specified in a loan agreement to be entered into between the Authority and the Developer, which agreement shall provide, at a minimum: a no-interest loan, payable in annual installments over five years commencing in 1999, with Afb : sof annual installments in each year that the Developer documents the existence of at least 645 full-time equivalent jobs on the Development Property. The Authority will use its best efforts to obtain the DTED grant described herein, but shall have no obligation to the Developer under this Section if Authority does not receive the grant. SJB113353 SH155-17 11 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a) The parties acknowledge that Developer, in reliance on the assistance to be provided by the CityAggiogoott404 Authority as described in the Letter of Intent, has commenced grading, excavation, utilities and foundations for the Minimum Improvements prior to the date of this Agreement. Before commencement of additional construction of the Minimum Improvements, the Developer shall submit to the Authority t ''Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Plan, this Agreement, and all applicable State and local laws and regulations. The Authority • Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 20 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 20 days after itsecept f written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements SJB113353 SH155-17 12 constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. FORWIptitootikEthiki$001.01fROMACIONMAIMitiOway ..................................................................::::::::::::: more;:;::<< If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. .Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays,the Developer shall commence construction of the Minimum Improvements by December 31, 1996. Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum Improvements by December 31, 1997. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative will furnish the Developer with a Certificate shown as Schedule B. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof (b) If the Authority Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer SJB113353 8H155-17 13 has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be complete upon issuance of a certificate of occupancy by the Ait SJB113353 1^ SH155-17 `F ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance(including operations,contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insu...r...ance, with statutory coveragex:.;F „ t . : <eeo ; : .; b if : : : : . . . : > : ; .: : .: : :; «-.: ; . b< , 1 orkers :com ::nation. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance,including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the Authority as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. SJB113353 15 SH155-17 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $A500,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any A et A roceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (e) The Developer and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. SJB113353 SH155-17 16 • ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment through issuance of the Note. The Developer understands that the City Contributions and County Contributions pledged to the Note are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Reduction of Taxes. The Developer agrees that prior to the Maturity Date it will not (a) cause a reduction in the real property taxes paid in respect of the Development Property through willful destruction of the Minimum Improvements or any part thereof; (b) fail • to reconstruct the Minimum Improvements if damaged or destroyed, as required under Section 5.1(d) hereof; (c) apply for a deferral of property tax on the Development Property pursuant to Minnesota Statutes, Section 469.181, or any similar law; (d) convey or transfer or allow conveyance or transfer of the Development Property to any entity that is exempt from payment of real property taxes under State law; or(e) seek, through the exercise of legal or administrative remedies, a reduction in the market value of the Minimum Improvements below the value specified in Section 6.3 hereof. Section 6.3 Minimum Market Value. The Developer agrees that the estimated market value of the Minimum Improvements (excluding land) for tax assessment purposes shall be no less than $9,200,000 as of January 2, 1998 and January 2 of each year thereafter through the Maturity Date. The parties agree and understand that this agreement does not constitute an "assessment agreement" within the meaning of Minnesota Statutes, Section 469.177, subd. 8 and is not binding on the County assessor. Rather, it is a contractual obligation of the Developer hereunder, breach of which is an Event of Default subject to the remedies set forth in Article IX hereof. Nothing in this Section or Section 6.2 shall limit the discretion of the County assessor to assign a market value to the Minimum Improvements higher or lower than minimum value specified herein, nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes,provided that the Developer / ll not lu t :: seek a reduction of such market ket value below the minimum value specified herein. SJB113353 17 SH155-17 ARTICLE VII Financing Section 7.1. Financing. A The pa <ag ee and:> st that tie am 1:. .. .:.... ...e ,: .;::..;; .r .;_...i :::::::.:.,;C::.:::.;:. c:_,<:,;:.:: ::'''»:.....•................::::::::::::::::.::::: •••-:<:>:>::>::>::»»::::»: • SJB113353 1g SH155-17 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development. The Developer represents and agrees that its purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to the issuance of a Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Developer (collectively, a "Transfer"), without the prior written approval of the Authority unless the Developer remains liable and bound by this Development Agreement in which event the Authority's approval is not required. Any such Transfer shall be subject to the provisions of this Agreement. Notwithstanding anything to the contrary in this Section, the Developer may assign its rights under this Agreement or the Note to the Holder of a Mortgage, provided the Mortgage is approved by the Authority in accordance with Article VII hereof. (b) In the event the Developer, upon Transfer of the Development Property or any portion thereof, seeks to be released from its obligations under this Development Agreement as to the portions of the Development Property that is transferred or assigned, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority orit Yandi in form rm recordable dab le pthetuwland records:;af:*vt(Ooxk : tzOta, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to SJB113353 SH155-17 19 such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. The restrictions under this Section terminate upon issuance of the Certificate of Completion. Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the Authority, the City and the County and the governing body members, officers, agents, servants and employees thereof(the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Development Property or the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified PartiesgAn4:!i*400tinekt1040WWWIMthe Indemnified xes of r etr obl atioiieiif..::. h`:::;,:::' ............................................:..::.:::::::: c��r;�� .gz'ee4m#, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Development Property or the Minimum Improvements. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person SJB113353 SH155-17 20 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority, City, County and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City, Authority or County shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City, Authority or County shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City, Authority or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. [Intentionally Omitted] Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 4900 West 78th Street, Minneapolis, MN 55435; Attention: 0004r00440; and (b) in the case of the Authority or the City, is addressed to or delivered personally to the City at City Hall, 129 Holmes Street, Shakopee, Minnesota 55379-1376; Attention: City Administrator; and (c) in the case of the County is addressed to or delivered personally to the County at the Scott County Courthouse, 428 Holmes Street, Shakopee, Minnesota 55379-1376; Attention: County Attorney SJB113353 24 S11155-17 • SCHEDULE C UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $1,710,000 TAXABLE LIMITED REVENUE NOTE SERIES 1996 Date of Original Issue , 1996 The Shakopee Economic Development Authority(the"Issuer"),hereby acknowledges itself to be indebted and, for value received,promises to pay to the order of ADC Telecommunications, Inc. or registered assigns (the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal sum A i axn G t t e:::::e�>��: "Principal ..�:ex...�: 1 $1,710,000 (the Amount"), without interest thereon. This Note is given in accordance with that certain Contract for Private Development among the Issuer, the City of Shakopee (the "City"), "County") ty ), Scott County (the y ) and the Owner dated as of , 1996 (the "Contract"). Capitalized terms used and not otherwise defined herein shall have the meaning provided for such terms in the Contract unless the context clearly requires otherwise. The Principal Amount of this Note shall be payable in semi-annual installments of $142,500 each, payable on each February 1 and August 1, (the "Scheduled Payment Dates") commencing August 1, 1999 and ceasing no later than February 1, 2005 (the "Final Maturity Date"). The Principal Amount is subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. alloAtwm iothusrt a fi.:ng...: nythingo bhe.:.:co.:.:ntr:.:ay hee::.in:.:.:the..:u..I.:.:s<..;:s:.:.u:. e..r;:.,s:., bi::ga:.:ti.;:o:.:n:. Nytts m:. k:;e ;..nyngi . bpttoc � . . : : ped.v -tl� h�:te: »saf.�ot €n > e :.;€f:ho;:Contaet;;:: fthol..:;Pbl(e,.: . : : .:; : :.; 1:ig :: : >:; :: ; o ;» ope in: ordnce:;with: est2 : . : : : ;_ 7OO,.; le �.... .th . s nual nstallr ents.; .a.:a _ .::.::.:<:;;.:;..::::.;;:.::.::.;:.:: ::.;:<.:;.;:P:�:. e.;;au.��c�:.:Schedule .; .; .,:. d. a. .... , > . : >.;::;.;. ;.: . : :::::: ::::;:.;.;:.;:.;:::..;:::: .;:;;:.;:;::::.;:; J;� :.>accordrn 1. ; p ;;� h� t~ ue�oty tp Pr�not al<�4motrnt< • Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall SJB113353 SH155-17 C-1 SCHEIMEEM Att h s > 3n?lqf #O# t' ; tx x SJB113353 D'1 SH155-17 .c 6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council, EDA Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Extension of Development Agreement with the Centres Group DATE: December 13, 1996 INTRODUCTION: Staff, with the assistance of Paul Bilotta from Parsons Brinckerhoff, has been negotiating a new development agreement with the Centres Group. Their current agreement with the City expires on December 31, 1996, and it does not appear that the negotiations will be completed in time for the Council and EDA to take action before the expiration of the current agreement. For that reason, staff is asking that the Council and EDA extend the current agreement for 30 days to allow time to conclude the present negotiations, and present a new agreement to the Council and EDA. A copy of the current agreement is attached for your information. ALTERNATIVES: 1. Approve a 30-day extension of the current agreement with the Centres Group. 2. Do not approve an extension with the Centres Group. STAFF RECOMMENDATION: Staff recommends approval of the extension. ACTION REQUESTED: Offer and pass a motion extending the current agreement with the Centres group for 30 days. /441i — R. Michael Leek CENTRES.DOC/RML 1 AGREEMENT THIS AGREEMENT IS ENTERED INTO this xis day of February, 1996 , by and between the City of Shakopee, a municipal corporation, (hereinafter "Shakopee") Shakopee Economic Development Authority (hereinafter "EDA") and Centres Group, Ltd. , a Florida limited partnership (hereinafter "Centres") . RECITALS Centres is in the business of developing retail shopping centers, and desires to develop such a center on land adjacent to property commonly known as Shakopee Town Square, which is located partially in the City of Shakopee and partially in Jackson Township. The property consists of several distinct, adjacent parcels, which are owned by various entities, including the Minnesota Department of Transportation, Carlson Real Estate Company, the City of Shakopee and others. Centres has given Shakopee and EDA substantial information regarding Centres' development capabilities, site plan, engineering data, title work and other information for developing the land. Shakopee and EDA have expressed their support for the concept of Centres' development, but have advised Centres that its plan must meet normal development criteria, follow normal procedures with City staff, planning commission and EDA and obtain final approval from the Shakopee City Council. Shakopee and EDA are aware that there are many preconditions which must be met prior to Centres having a developable parcel. One of those preconditions is the acquisition by Centres of certain land owned by the Minnesota Department of Transportation, which is subject to being reconveyed by MNDOT to Shakopee under MNDOT's RALF Program. In recognition of Shakopee's and EDA's responsibility to the public, Centres agrees to assure the quantity, quality and timing of development. Shakopee and EDA are aware that Centres needs their cooperation in order to obtain said land, and, to that end, Shakopee, EDA and Centres have entered into this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That the certain property referred to above owned by MNDOT and subject to the RALF Program, is legally described on Exhibit 'A' , which is attached hereto and incorporated herein by reference. 2. Shakopee, EDA and Centres will work together to make such land available to be purchased from MNDOT in accordance with the terms of this Agreement. "Work together" shall include, but not be limited to, the sharing of information, using Centres' consultant as an intermediary with MNDOT for the purposes of establishing an acceptable price for the land and negotiating various details 2 necessary to close on its acquisition, and closing on the purchase of the land. Shakopee and EDA recognize that this negotiation process may result in a high price, a moderate price or a low price for the MNDOT land. 3. Shakopee and EDA are aware that prior to purchasing the MNDOT land, Centres must first satisfy various other preconditions necessary for a viable development. Those preconditions include, but are not limited to, annexation of certain parcels of land from Jackson Township into Shakopee, adjusting the MUSA line to conform with the development, acquiring certain land from MNDOT in addition to the RALF land, acquiring certain land from the City of Shakopee and other third parties, and rezoning of certain land. 4. Centres shall develop this land in a timely manner. The parties agree to negotiate a further agreement prior to conveyance of the property to Centres, which agreement shall detail and specify the development and timing of the development. 5. Shakopee, EDA and Centres further agree as follows: a. That if Centres can satisfy all its other preconditions and if the purchase price of the land is acceptable to Centres in its sole discretion, it shall notify Shakopee of its desire to purchase the land. b. Upon receipt of the notice in a. above, Shakopee 3 will purchase the land from MNDOT, provided that all of the funds used for the purchase shall be provided by Centres, and with the understanding that a transfer of title shall be in a simultaneous closing in which MNDOT transfers to Shakopee and Shakopee transfers to Centres. c. That in addition to Centres paying the full purchase price for the land, Centres will, at closing, reimburse Shakopee for all of its out-of-pocket expenses associated with the closing, not to exceed $5,000.00. d. It will be necessary to annex certain lands into the City of Shakopee, extend the MUSA line to cover all the land contemplated for this development, and potentially rezone certain parts of the development land in order that a developable parcel will be created. Centres is aware that this must be done with the approval of Shakopee and at Centres' sole cost. Shakopee agrees to annex the above referenced lands within four (4) weeks of acquisition. Shakopee agrees to use reasonable efforts to assist Centres in its application to obtain MUSA line expansion. e. While it is recognized that reconfiguration of highway access points and signalized intersections will be needed for this development, agreement on 4 such matters, as well as agreement on items contained in paragraph d. above, shall be part of the development agreement to be entered into between Centres and Shakopee, and need not be covered by this Agreement. f. This Agreement shall terminate on and be null and void after December 31, 1996, if a closing has not been held before that date, or on such earlier date as Centres may elect in its sole discretion. City of Shakopee, a municipal corporation By: ZI4ayor ,� � BY; I, .u" 4 • s City Administrator BY: 11u.(JA, . j*. s C•ty Clerk Shakope= Economic Development Auth9 i BY: of r I ' •resident A(' . /(9 BY: 4 ;V r I s E?cecutive Director 5 Centres Group, Ltd . , a Florida limited partnership By: Centers Group, Inc. , its general parte r ,42woe_ By: Ken Karl Its President STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was ackn wl- •ge before me this p�(p� day of __24. 1___,.. __, 19 , by 1 / the Mayor; by T ` I $ , the City Administrator and by 0.4-)C. , the City Clerk of the City of Shakopee, a nicipal corporation under the laws of the State of Minnesota, on behalf of the corporation. W 0 TONI WARHOL Notar Pu• 'c' 42° NOTARY PUBLIC-MINNESOTA <?1''t 4 MY COMMISSION EXPIRES 1-31-2000 STATE OF MINNESOTA) ss. COUNTY OF < ) The foregoing instrument was acknowledged before me this ,00= day of �+,,,Q�, ,1996, by s, 0 a the Present and by --a,.,,N1S IF _. , the Executive Director of the Shakopee Economic Development Authority, a under the laws of the State of Minnesot , on behalf of the r IONI WARHOL -.ice tIA A. x.. ,11 NOTARY PUBLIC-MINNESOTA Not y P i MY COMMISSION EXPIRES 1-31-200^ 6 STATE OF ( " ) 1 ) ss. 0 COUNTY OF a.A,t,. ,t_) Th or going instrument was acknowledged before me this � a day of , 1995; CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Street Light Petition at the Intersection of Marschall Road and Valley View Road DATE: December 17, 1996 INTRODUCTION: Please find attached a letter from Mr. Ray Hennes of 1460 East Valley View Road and a petition from nearby residents to have a street light installed at the intersection of Marschall Road and Valley View Road. BACKGROUND: The intersection of Marschall Road and Valley View Road is an intersection of a County State Aid Highway and a Local City Street. In past instances for a street light petition of this nature, this request would be forwarded to Scott County Highway Department for consideration of a street light warrant study. Per Dan Jobe of the Scott County Highway Department, the street light warrant study could be done at this intersection if requested by the City. To be consistent with previous Council action, staff would recommend that Council direct staff to request a street light warrant study by Scott County Highway Public Works and Land Division for this intersection. Staff is currently working on a street light policy for rural street intersections. A map will be presented at the City Council meeting to show the street lights in the rural service area that currently exists. Most of these street lights were installed as part of the development occurring in these areas or as part of the County street light policy as previously mentioned. Attached is a previous administrative policy on rural subdivision street lights. This policy would install street lights at intersections and ends of the cul-de-sac as per SPUC policy and the cost borne by the developer. The revised street light policy in rural areas will consider those intersections on County roads that do not meet County warrants. ALTERNATIVES: 1. Direct staff to notify Scott County Public Works and Land Division to perform a street light warrant study for the intersection of Marschall Road and Valley View Road. 2. Do not direct staff to notify Scott County Public Works and Land Division at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as this is consistent with past practices and policy in dealing with a street light petition on a County highway. ACTION REQUESTED: Direct staff to notify Scott County Public Works and Land Division to perform a street light warrant study for the intersection of Marschall Road and Valley View Road. Bruce Loney Public Works Director BL/pmp LIGHT r SHAKOPEE O November 14, 1996 Mr. Ray Hennes 1460 East Valley View Road Shakopee, MN 55379 Dear Mr. Hennes: I am in receipt of a petition from a number of residents in your neighborhood for the installation of a street light at the intersection of Marschall Road and Valley View Road. Mark McNeill, City Administrator, asked me to write to you advising of the immediate follow up relating to this petition. In response to a recent similar petition for a street light on a rural road, the City Council directed staff to develop a policy for the installation of street lights on rural roads. That policy will be developed by our Engineering Department and forwarded to City Council for discussion, refinement, and eventual adoption. After the adoption of the rural street light policy,your petition, as well as any others relating to street lights along rural roads, will be addressed by the City Council. If you have questions or are interested in the policy as it is developed,please contact Bruce Loney, City Engineer. Sincerely, J h S. ox 0 Clerk cc: Mark McNeill, City Administrator Bruce Loney, City weer COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 ****PETITION**** **** TO THE CITY OF SHAKOPEE OR SPUC**** WE, the undersigned,residents of the City of Shakopee do petition to have a street light installed at the intersection of Marschall Rd. and Valley View Road . It is deemed by petitioners that this would be acorrective measure to a very hazardous condition. f' ,/z.,4 /P f li e S 5 -1,409.ce._.. ....,:? ' q OZ,/..r,..z.e.,L.-' 7 / /474 6 0 gl,gey u.c,„v‘ir pc_r_41 , ___?,_2,4 f.-- 1/ '-' itb,,Z.(4. ._. -4 i , 0 , CI LI 1 1 e A2e-e_Ard__%, -7-- _.......1...4:.6.,-, : / I ri, c,, ` A C t ' ill rrj f f ! i / O V v/,Y sss "r7A-,// l G _-,..v . /ygo !/ai c%..c.�., S. 7/76/44 / i / / / 2,<0 / 435 G//47l/ ) f, O I ` cat P 1 Y C^ .- / H t:' ' ' ;'',7t- ---7 , li/ .-c."." e-( / VIA C 'e',---, -G < r.. :Th) 7::-5 y 1711 „ L/__ , _. . _ , D 116/ 4411141 1L-ti1/4,0 5 kotkqukkl:, ___g4,- A_.(CI\ 4f. '°'-4 ://7 -,,, * -- V .- /-<,... Arad; 6e7f *-------i 6- ''''C -1. a II ... _ // - — ,- , Ade , „ \ )? c_s) i_. -I L.7 1:4_,,,L.: it_l_J44.,,L77.gosz_ _____ _(_-__),-)t--t-Litt -.----L ___Lrz--- ' r C_Slz,4 ) 7/ // /0-(1pAc4/1-1_,--- 1 /7._____ o \..._ ------_-7v- /6? --s-/ __ er:71d .-1, (.._7.-e-t., / ff _ r �3 -6 44,6_ :) p eleljtivt,;,:0'C.:, 1L/S0 � (411-+A.1 4,,AoLLAA ij _ • • RECEWED NOV 131996 CITY of SHAKOPEE ADMINISTRATIVE POLICY NO. 130 Subject: Lights in Rural Subdivisions Date Adopted: August 28 , 1985 Source of Authority: City Administrator According to Lou VanHout, SPDC Manager, they do not have a standard method of locating lights. They usually place lights at intersection and cul-de-sacs. Lights placed between depend on distances from intersections or cul-de-sacs. Locations also may be based on property owners wishes. Subject: Street Lights in New Subdivisions • Date Adopted: May 17, 1988 4'r ;, _4 Source of Authority: SPDC Manager Per Lou VanHout, SPUC Manager, per a telephone conversation For new subdivisions, Lou's requirements for street lighting are as follows: 1. Street light at each corner and at each cul-de-sac 2 . If a street is over 1,000 feet a street light is required every 600 feet z - 0. A. . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Turnback of T.H. 300 Agreement and Resolutions DATE: December 17, 1996 INTRODUCTION: Attached is Cooperative Construction Agreement No. 75574 between Mn/DOT and the City of Shakopee for the turnback of Trunk Highway (T.H.) 300 from old T.H. 169 to the junction of County State Aid Highway (CSAH) 16 at the entrance of the State Reformatory for Women. Also attached are resolutions for authorizing the proper City officials to execute Agreement No. 75574 and establishing a Municipal State Aid Street for T.H. 300. BACKGROUND: Mn/DOT has proposed to turn back T.H. 300 to the City of Shakopee, with a Memo of Understanding that was executed on March 20, 1996 and special legislation for this turnback that was approved by the governor on April 11, 1996. Previous State Law required State facilities to be served by trunk highways. New legislation was passed to eliminate this requirement,thus the State can turn back this highway to the City for future maintenance. With the completion of the Shakopee Bypass,the State will be turning back T.H. 101 and T.H. 169 to Scott County and will turn back T.H. 300, from old T.H. 169 to the junction of CSAH 16 at the entrance to the State Reformatory for Women in the City of Shakopee. An agreement has been prepared by Mn/DOT and includes the various articles. ARTICLE I The road to be turned back will be the entire section of T.H. 300 in the Corporate City Limits of Shakopee. ARTICLE 2 Information and records provided by the State which describes to the extent they are available for records and information on T.H. 300. ARTICLE 3 Right-of-way concerns and the future limits for T.H. 300. ARTICLE 4 Pavement Management- This article indicates that this section of highway will remain in the State's Pavement Management Program. ARTICLE 5 Changing roadway designation- After the turnback of T.H. 300, the State shall designate this roadway a Municipal State Aid Highway, in accordance with Municipal Rules and upon receipt of the resolution requesting the same from the City. ARTICLE 6 State Aid Turnback Account System Funds - This provision allows the City to apply for turnback funds for improvements on T.H. 300. Per the rules concerning T.H. turnbacks, the City must utilize these funds within 5 years after acceptance of the roadway. The City has been working with the Centre's Group developer on the realignment of T.H. 300 to old T.H. 169 for improvement for the retail development. ARTICLE 7 This article describes the maintenance responsibilities until the official turnback takes place and after the turnback takes place. ARTICLE 8 Memo of Understanding - This article references the Memo of Understanding between the City and the State that was adopted by the City on March 20, 1996. ARTICLE 9 Examination of books, records, etc. - This article provides for the examination of records by the State and the City as necessary. ARTICLE 10 This article is a disclaimer for the State and City employees in the performance of maintenance activity covered under this agreement and how that would be handled. ARTICLE 11 Agreement approval - This would become binding and effective once a resolution has been approved and the State has received this resolution approval from the Commissioner of Transportation. ARTICLE 12 This article refers to authorized agents for Mn/DOT and the City. As mentioned before, the City did approve a Memo of Understanding to facilitate the turnback of T.H. 300. The City will be able to designate this route as a Municipal State Aid Street and be able to draw Municipal State Aid Funds, above the 20% cap, as per State Aid Screening Rules. Furthermore,the City will be able to use trunk highway turnback funds to upgrade this highway as necessary within the next five year period. Also attached to this memorandum are two resolutions as follows: 1. Resolution No. 4586, a resolution authorizing the proper City officials to execute Agreement No. 75574, an agreement to provide for the turnback of T.H. 300 within the Corporate Limits of the City of Shakopee. 2. Resolution No. 4587, a resolution establishing T.H. 300 as a Municipal State Aid Highway. ALTERNATIVES: 1. Adopt Resolution No. 4586, a resolution authorizing the proper City officials to execute Agreement No. 75574. 2. Adopt Resolution No. 4587, a resolution establishing Municipal State Aid Highway for T.H. 300 within the Corporate Limits of the City of Shakopee. 3. Table for additional information. RECOMMENDATION Staff recommends Alternative No. 's 1 and 2,to provide for the turnback of T.H. 300 and designation of T.H. 300 as a Municipal State Aid Street. ACTION REQUESTED: 1. Offer Resolution No. 4586, A Resolution Authorizing the Appropriate City Officials to Execute Agreement No. 75574 with Mn/DOT - Turnback of Trunk Highway No. 300 Within the Corporate Limits of the City of Shakopee and move its adoption. 2. Offer Resolution No. 4587, A Resolution Establishing Trunk Highway No. 300 as a Municipal State Aid Highway Within the Corporate Limits of the City of Shakopee and move its adoption. Bruce Lon Public Works Director BL/pmp TURNBACK DESIGN STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 75574 S. P. 7012-06 (T.H. 300=300) State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Shakopee (None) Re: State turn back to the City of T.H. 300 from old T.H. 169 easterly to the junction of AMOUNT RECEIVABLE C.S.A.H. 16 at the entrance to the State Reformatory for Women (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 1 75574 WHEREAS, in distributing decision making for routes of specific functional classification to the appropriate level of government, it is necessary to turn back certain routes from one level of government to another; and WHEREAS, one such route is the entire Trunk Highway No. 300 roadway located within the corporate City limits from the junction of old Trunk Highway No. 169 easterly to the junction of County State Aid Highway No. 16 at the entrance to the State Reformatory for Women; and WHEREAS, the State and the City signed a non-binding Memo of Understanding that specified certain objectives to be attained in connection with the turn back of Trunk Highway No. 300; and WHEREAS, the State and the City wish to enter into a turn back agreement that would provide for the jurisdictional transfer, from the State to the City, of Trunk Highway No. 300 under State Project No. 7012-06 (T.H. 300=300) ; and WHEREAS, so that the jurisdictional transfer can take place, the turn back agreement should provide for the accomplishment of the relevant objectives specified in the Memo of Understanding and as hereinafter set forth; and WHEREAS Minnesota Statutes Section 161 . 20, subdivision 2 (1996) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. 2 75574 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - ROADWAY TO BE TURNED BACK The State shall transfer to the City jurisdiction of the entire Trunk Highway No. 300 roadway located within the corporate City limits from the junction of old Trunk Highway No. 169 easterly to the junction of County State Aid Highway No. 16 at the entrance to the State Reformatory for Women, a distance of 0 . 92 miles, under State Project No. 7012-06 (T.H. 300=300) . ARTICLE II - INFORMATION AND RECORDS PROVIDED BY THE STATE Upon execution and approval of this agreement the State shall, upon request, provide the City with the following information and records that are applicable to the Trunk Highway No. 300 roadway described in Article I hereof, to the extent that they are available : A. A list of active maintenance agreements with other governmental agencies and utility companies that will be canceled. B. Utility, drainage, access driveway, sign advertising and limited use permits . C. As built construction plans and microfilm records . D. Bridge inspection reports and ratings. E. Photo logs, aerial photos, right-of-way maps and parcel files . F. Inventory data. G. Pavement condition ratings . H. A history of the most recent betterment . I . Signal files including timing sequence and repair history. J. Accident reports and statistics, subject to Privacy Act requirements . 3 75574 K. The most current traffic counts . L. Any alignment ties, horizontal and vertical control monuments, and relative data. M. All partially completed and completed plans for construction projects . N. Road opening authority documentation and/or right-of-way authority documentation. ARTICLE III - RIGHT-OF-WAY The State and the City, along with Scott County, shall determine the future right-of-way limits for the Trunk Highway No. 300 roadway described in Article I hereof, prior to the transfer of land title for such roadway. ,ARTICLE IV - PAVEMENT MANAGEMENT The Trunk Highway No. 300 roadway described in Article I hereof shall remain in the State' s pavement management system, and when appropriate receive program funds for project management, until such time as the jurisdiction of such roadway has been transferred to the City. ARTICLE V - CHANGE IN ROADWAY DESIGNATION After turn back to the City of the Trunk Highway No. 300 roadway described in Article I hereof, the State shall designate such roadway as a Municipal State Aid Street and shall approve the appropriate increase in mileage, in accordance with Minnesota Rules 8820 . 0800 (1995) , upon the State ' s receipt of a resolution requesting same from the City. This mileage is not transferable to other routes in the City. 4 75574 ARTICLE VI - STATE AID TURNBACK ACCOUNT AND SYSTEM FUNDS After turn back to the City of the Trunk Highway No. 300 roadway described in Article I hereof, Municipal State Aid Turnback Account funds may be utilized by the City for improvements to such roadway. The amount of Municipal State Aid Turnback Account funds assigned to the Trunk Highway No. 300 roadway described in Article I hereof, and the use of such funds, shall be in accordance with Screening Board Resolution Re: Trunk Highway Turnback - October 1967 (latest version June 1989) , and in accordance with Minnesota Rules 8820 (1995) in effect on the .date the jurisdiction of such roadway is transferred to the City. After turn back to the City of the Trunk Highway No. 300 roadway described in Article I hereof, Municipal State Aid System funds may be utilized by the City for such roadway in accordance with Screening Board Resolution Re: Trunk Highway Turnback — October 1967 (latest version June 1989) , and in accordance with Minnesota Rules 8820 (1995)• in effect on the date the jurisdiction of such roadway is transferred to the City. ARTICLE VII - MAINTENANCE Section A. Prior to Turn Back Up until the date the jurisdiction of the Trunk Highway No. 300 roadway described in Article I hereof is transferred to the City, the State shall provide for the routine maintenance of such roadway, without cost or expense to the City. Routine maintenance generally consists of snow and ice control, ditch and culvert cleaning, traffic signs or device repair, and minor bituminous or gravel patching. 5 75574 All routine maintenance agreements between the State and the City in effect on the date of this agreement shall remain in effect until the date the jurisdiction of the Trunk Highway No. 300 roadway described in Article I hereof is transferred to the City. Section B. After Turn Back After the date the jurisdiction of the Trunk Highway No. 300 roadway described in Article I hereof is transferred to the City, the City shall provide for all maintenance of such roadway, without cost or expense to the State. The State and the City may enter into roadway maintenance agreements for the Trunk Highway No. 300 roadway described in Article I hereof. Such roadway maintenance agreements may include reimbursement provisions. ARTICLE VIII - MEMO OF UNDERSTANDING For reference purposes only, a Memo of Understanding between the State and the City, a document created to aid in the jurisdictional transfer of the Trunk Highway No. 300 roadway described in Article I hereof, signed on August 12, 1996, is on file in the office of the State ' s Metro Division Engineer at Roseville and in the offices of the City. ARTICLE IX - EXAMINATION OF BOOKS, RECORDS, ETC. As provided by Minnesota Statutes Section 16B . 06, subdivision 4 (1996) , the books, records, documents, and accounting procedures and practices of the State and the City relevant to this agreement are subject to examination by the State and the City, and either the legislative auditor or the State auditor as appropriate. •6 75574 .RTICLE X - CLAIMS All employees of the State and all other persons employed by the State in the performance of maintenance activities covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged in maintenance activities covered under this agreement shall in no way be the obligation or responsibility of the City. All employees of the City and all other persons employed by the City in the performance of maintenance activities covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged in maintenance activities covered under this agreement shall in no way be the obligation or responsibility of the State. ARTICLE XI - AGREEMENT APPROVAL Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative . 7 75574 ARTICLE XII - AUTHORIZED AGENTS The State ' s Authorized Agent for the purpose of the administration of this agreement is Patricia Schrader, Municipal/Utility Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St . Paul, MN 55155, (612) 296-0969 . The City' s Authorized Agent for the purpose of the administration of this agreement is Bruce Loney, Public Works Director, or his successor. His current address and phone number are 129 Holmes Street South, Shakopee, MN 55379-1351, (612) 445-3650 . 8 • 75574 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE Recommended for approval : Attest : By B Y Mayor Division Engineer Date By State Aid Engineer By City Administrator Date By Assistant Commissioner Approved: By City Clerk By Date Deputy Commissioner of Transportation Recommended for approval : Date By City Engineer OFFICE OF THE ATTORNEY GENERAL Date Approved as to form and execution: DEPARTMENT OF ADMINISTRATION By Assistant Attorney General By Date 9 RESOLUTION NO. 4586 Authorizing The Appropriate City Officials To Execute Agreement No. 75574 With Mn/DOT Turnback Of Trunk Highway No. 300 Within The Corporate City Limits Of The City Of Shakopee BE IT RESOLVED: that the City of Shakopee enter into Mn/DOT Agreement No. 75574 with the State of Minnesota, Department of Transportation for the following purposes,to-wit: To provide for turn back, by the State to the City, of the entire Trunk Highway No. 300 roadway located within the Corporate City Limits from the junction of old Trunk Highway No. 169 easterly to the junction of County State Aid Highway No. 16 at the entrance to the State Reformatory of Women under State Project No. 7012-06 (T.H. 300=300). BE IT FURTHER RESOLVED: that the proper City officers are hereby authorized and directed to execute such agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4587 A Resolution Establishing Trunk Highway No. 300 As a Municipal State Aid Street Within the Corporate Limits of the City of Shakopee WHEREAS, it appears to the City Council of the City of Shakopee that Trunk Highway No. 300 hereinafter described should be designated a State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the road described as follows, to- wit: Entire Trunk Highway No. 300 roadway located within the Corporate City Limits, from the junction of old Trunk Highway No. 169 easterly to the junction of County State Aid Highway No. 16 at the entrance to the State Reformatory for Women. be, and hereby is established, located and designated a Municipal State Aid Street in the City, subject to the approval of the Commissioner of Transportation in the State of Minnesota. BE IT FURTHER REVOLVED: that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee to be restored and known as Municipal State Aid Street Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum / - /, TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnshop Licenses DATE: December 11, 1996 INTRODUCTION&BACKGROUND: On April 19, 1994,the City Council adopted an ordinance requiring the licensing of pawnbrokers,precious metal deals, secondhand dealers,pawnshops, and their employees. The City received applications from two pawnshops and their employees and licenses were issued. It is appropriate at this time that the licenses be renewed for 1997. Both American Pawnbrokers, and Shakopee Pawn&Cash Co. have applied for renewal of their licenses. I have checked with the Chief of Police and he has advised that he is unaware of any reason that the licenses should not be renewed. ALTERNATIVES: 1. Approve renewal of licenses. 2. Deny renewal of licenses. 3. Table applications for additional information. RECOMMENDATION: Staff recommends Alternative#1. RECOMMENDED ACTION: 1. Approve the application and grant a Pawnshop License to American Pawnbrokers, 450 West 1st Avenue. 2. Approve the application and grant a Pawnbroker,Precious Metal Dealer and Secondhand Dealer's license to Daryl Harry Shiber,American Pawnbrokers, 450 West 1st Avenue. 3. Approve employee licenses for the following employees of American Pawnbrokers: Samuel David Rockne,Dennis William Nelson, Tracy Allen Hirzel, Ronald Alan Plaman, David Duane Bryant, Chad Allen Torgersen, Jeremy David Galetka, John Alan Kunst, John Thomas Glynn, Patrick Brent Doolittle, and Jeffrey John Rutland. 4. Approve the application and grant a Pawnshop License to Shakopee Pawn an''. Cash Co., 1147 Canterbury Road. 5. Approve the application and grant a Pawnbroker,Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Shakopee Pawn and Cash Co., 1147 Canterbury Road. 6. Approve employee licenses for the following employees of Shakopee Pawn and Cash Co.: Sherri Marzario, Jessica Dold, David Wagner,Arthur LaFond, Damian Drummer, Ronald Zappatillo, Cheryle Taylor and David Martens. Ci k f MEMORANDUM TO: Mayor and City Council FROM: Jim Thomson DATE: December 17, 1996 RE: License Application for Shakopee Pawn & Cash Co. Attached to this memo is a letter dated December 3, 1996, from Doug Bell and my reply letter dated December 17, 1996. In his letter, Mr. Bell asserts that the 1994 application for Shakoppe Pawn& Cash Co. fails to disclose certain information. The City Clerk has provided me with the background information that was submitted to the City in 1994 along with the application. As I indicated in my letter to Mr. Bell, it is my opinion that there is no evidence supporting Mr. Bell's assertion that the applicant improperly responded to the questions in that application. JJT114999 SH155-13 December 3, 1996 Jim Thomson Kennedy& Graven Chartered 470 Pilsbury Center 200 South Sixth Street Minneapolis, MN 55402 Re: License Application of Shakopee Chec Cashing and Pawn Dear Mr. Thomson: Mo-`o- W /444. "'f k' 4. 5kokt pc u "G 4-er . ei 4 V As you are aware, I was denied my application for a license based upon information that was incorrect on my application. Subsequent to this, I provided information showing that my application was accurate, however,that Shakopee Check Cashing and Pawn's application contained information that was patently false. No investigation was apparently done on my competition's application. When I offered this information at the June 5, 1995 City Council Meeting, the Mayor, Gary Laurent, stated that he did not believe that my copies of secretary of state documents were accurate or authentic. The council therefore refused to act to apply the same stringent guidelines utilized to falsely attack me, to my competition's application. I now offer certified secretary of state document demonstrating that Frank Marzario's application for a pawnbroker's license is false. Paragraph 5 of the application fails to state that Mr. Marzario has at least one other businesses named Maddy, Inc. Further,Mr. Marzario fails to disclose in Paragraph 6 that the Money Exchange is a partnership between himself and John R. Richards. I also believe that had an investigation been done on the assertions of the application that other inconsistencies or inaccuracies would have appeared. I expect that corrective measures will be taken to be sure that §602.04 Subd. 4 is equally enforced on all of Shakopee's pawn shops. Sincerely yours, i \• �\\ Doug Bell - enclosures 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone &Graven (612)337-9310 fax e-mail:attys@kennedy-graven.com CHARTERED JAMES J.THOMSON Attorney at Law Direct Dial(612)337-9209 December 17, 1996 Mr. Douglas Bell 3925 Pillsbury Avenue Minneapolis MN 55409 Dear Mr. Bell: I am responding to your December 3, 1996, letter in which you submitted information that you believed demonstrated that certain information in the May 3, 1994 pawnshop license application for Shakopee Pawn & Cash Co. was incorrect. Specifically, you stated that the license application failed to disclose that the applicant had an interest in a corporation known as Maddy, Inc.,and had been involved in a partnership with John Richards in a business known as "The Money Exchange." You indicate in your letter that you believe that the information you have submitted demonstrates that the applicant violated City Code Section 602.04, Subdivision 4, which makes it unlawful for any applicant "to intentionally make a false statement or omission upon any application form." I checked with the City Clerk and she informs me that Maddy, Inc. is the corporation that operates Shakopee Check Cashing, which is another business operated by the applicant. In the May 3, 1994 application, the applicant disclosed "Shakopee Check Cashing" as a business that he had engaged in during the past five years. The license application did not require the applicant to disclose the name of the corporation. That information was already available to the City as part of the Shakopee Check Cashing license application, which disclosed that Maddy, Inc. owned that business. Regarding your concern that the May 3, 1994 license application did not disclose the relationship between the applicant and John Richards, the City Clerk informs me that as part of the background information submitted with the application,the applicant disclosed the identity of Mr. Richards. Mr. Richards received a pawnshop employee license as part of the May 3, 1994 application process. JJT114995 SHi55-13 . I Mr. Douglas Bell December 17, 1996 Page 2 I have provided the City Council with a copy of your December 3, 1996 letter. In my opinion, the information that you have provided fails to demonstrate that there was a violation of Section 6.04, Subdivision 4 of the City Code as part of the May 3, 1994 application process. Sincerely, Thomson JJT:Ih cc: Mayor and City Councilmembers Mr. Mark McNeill Mr. Tom Steininger Ms. Judy Cox JJT114995 8H155-13 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Massage Center License Renewal DATE: December 11, 1996 INTRODUCTION: The City has received applications for renewal of a massage center license and renewal of a masseuse license. BACKGROUND: Ms. Dawn Marie Krause has applied for renewal of her licenses. Massage is a service that Ms. Krause offers in addition to her other services at Klip and Kurl. I have check with the Chief of Police and he has advised that he is unaware of any reason that the licenses should not be renewed. (In addition to the licensing of massage centers, the City Code also requires that any person engaged in the practice of massage must also have a masseur or masseuse license.) Ms. Krause is the only person providing this service at her place of business. The applications for a massage center license and a masseuse license are in order. RECOMMENDATION: Approve applications and grant licenses for 1997. RECOMMENDED ACTION: 1. Approve the application and grant a massage center license to Dawn M. Krause/Klip and Kurl, 238 South Lewis Street. 2. Approve the application and grant a masseuse license to Dawn M. Krause, 238 South Lewis Street. Ci Clerk CITY OF SHAKOPEE lA . B . 3 , Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License Renewals DATE: December 11,1996 INTRODUCTION: Ms. Linda Kurian, Body Art, 205 South Lewis Street has applied for renewal of her Tattoo License. It is appropriate that action be taken on her application at this time. BACKGROUND: Ms. Linda Kurian was issued a Tattoo License beginning in 1994 for her business known as Body Art located at 205 South Lewis Street. This is a service that Ms. Kurian offers in addition to her other services at First in Hair and Tanning. I have checked with the Chief of Police and he has advised me that he is unaware of any reason that the license should not be renewed. Since 1994, Ms. Kurian has hired additional employees to also practice tattooing at her establichment. Background investigations were conducted by the Police Department and licenses were issued to these applicants. Allen Joseph Lindback wishes to renew his license also. It is appropriate that his license also be renewed at this time. Ms. Kurian is in the process of renewing the required insurance. The license will not be delivered until the City receives a certificate of insurance evidencing the required coverage. Prior to the issuance of the initial license to Ms. Kurian, a sanitarian from the City of Minneapolis conducted an inspection of the subject premises to determine that it met the requirements of the City Code. It is appropriate that an inspection of the premises be made each year,preferably at the time of license renewal. Mr. Moustapha Omar, a Sanitarian from the City of Bloomington, conducted an inspection on December 10th. Mr. Omar has advised me that the facility is well maintained and operated and is in compliance with the requirements of the City Code of the City of Shakopee. ALTERNATIVES: 1. Approve applications for renewal of licenses. 2. Deny applications for renewal of licenses. 3. Table applications for additional information. RECOMMENDATION: Staff recommends Alternative#1, approve the renewal of licenses with condition. RECOMMENDED ACTION: 1. Approve the application and grant a Tattoo License to Linda Kurian, Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. 2. Approve the issuance of a Tattoo License to Allen Joseph Lindback at Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. City le k y, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: 1997 Cigarette Licenses DATE: November 27, 1996 INTRODUCTION and BACKGROUND: Although the City Code does not specifically state that the Council shall approve applications for a cigarette license, in the past, the City Attorney has advised that it would be in order to authorize the City Clerk to issue cigarette licenses . Prior to the issuance of any license, the County Treasurer will be contacted to make sure taxes have been paid. All applicants certified that they are in compliance with the City Code when they completed the revised application for issuance of a license for 1997 (copy attached for your information) . RECOMMENDED ACTION: Authorize the City Clerk to issue cigarette licenses for 1997 . (No need to list all licensees. ) CIGARETTE LICENSES 1997 Superamerica 1155 East 1st Avenue Cleve ' s Super Valu 828 East 1st Avenue Budget Liquor 6268 Hwy. 101 Hennen' s ICO 807 East 1st Avenue Corp Tool dba Arnies 122 East 1st Avenue Tom Thumb Store #250 590 S. Marschall Road Holiday Station #83 444 East 1st Avenue Riverside Liquors 507 East 1st Avenue Berens Market 123 West 2nd Avenue Cy' s Amoco 312 West 1st Avenue F.O.E. 4120 220 West 2nd Avenue American Legion 1266 East 1st Avenue Stonebrooke Golf Club 2693 County Road 79 Turtle ' s Bar & Grill 132 East 1st Avenue Knights of Columbus 1760 East 4th Avenue V.F.W. 1201 East 3rd Avenue Total Mart Station 234 West 1st Ave . Valley Liquor, Inc . 1102 Shakopee Town Square K-Mart 1200 Shakopee Town Square County Market 1100 Shakopee Town Square MGM Liquor Warehouse 471 Marschall Road The Main Event of Shakopee 911 - 1st Avenue E. BretBecca, Inc. 124 West 1st Avenue Babe ' s Place 124 S. Holmes St . Canterbury Inn 1244 Canterbury Road Koehnen' s Standard 804 East 1st Avenue Oasis Market 615 Marschall Road Oasis Market 1147 Canterbury Road The Shoe Repair Inc. 132 Holmes St . Valleyfair One Valleyfair Drive Raceway Park Inc. One Checkered Flag Blvd. Canterbury Park Concession 1100 Canterbury Road APPLICATION FOR LICENSE TO SELL TOBACCO* CITY OF SHAKOPEE 129 HOLMES STREET SOUTH SHAKOPEE,MN 55379 (612)445-3650 APPLICANT: PHONE: Name of Business ADDRESS: The undersigned hereby makes application for a license to sell tobacco at retail in the City of Shakopee,Scott County,Minnesota beginning January 1. 1997 subject to the laws of the State of Minnesota and the Shakopee City Code and amendments thereto and herewith deposit$100.00(annual fee) in payment thereof. I have obtained and have on file written consent from the parents of any employee who is under the age of 18 who may sell,furnish,or give away any tobacco while in my employ. I have received and read a copy of the Shakopee City Code,Section 6.23 and hereby acknowledge that I am in compliance with Subdivisions 5 and 6 relating to vending machines and self-service merchandising. I hereby certify that all clerks in my employ have been trained regarding the state law prohibiting sales to minors and how to request identification of persons attempting to buy tobacco products. No license shall be granted for operation on any premises upon which taxes,assessments,or installments thereof,or any financial claims of the City are owned by the applicant and are delinquent and unpaid. Please indicate whether or not you own the property for which the application is being made: Own Property Have no financial interest in property. Authorized Signature Print Name of Authorized Signer Date MN Tax I.D.Number(Sales&Use Tax) *Application must be signed by local company,not by vendor. -� a-�. 5- CITY CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Center Drainage Payment DATE: December 17, 1996 INTRODUCTION: The Council is asked to consider a request from JESCO, a contractor on the Community Center, to release the remaining portion of their retainage. BACKGROUND: In.October, the City Council approved an arrangement to correct the ongoing water seepage problem into the northeast corner of the lower level of the Community Center. As the masonry contractor, JESCO agreed to make the repairs, with the understanding that upon completion, while the City would withhold the full amount of the cost of the repairs until Spring,the balance of JESCO's retainage would be released. BUDGET IMPACT: The City has been holding $32,070.85 as a final retainage from JESCO. The amount of the cost of the repairs, $8,092.50 should be retained. (It should be noted that while the drain was placed and connected, the ground was frozen, delaying the landscaping restoration until Spring. Therefore, not all of the repairs have been completed, as intended in the October 23, 1996 letter of understanding.) in addition, elsewhere on the December 17th agenda, a bill in the amount of$1776.00 payable to Kerber Tile & Marble Inc. should also be reduced from the JESCO final payment: $32,070.85 (City retainage) - $ 8,092.50 (retainage for French drain installation) - $ 1,776.00 (Kerber Tile& Marble) $22,202.35 To be released Note that this does not absolve JESCO from future liabilities on water damage. RECOMMENDATION: We recommend that retainage be released to JESCO, in the amount of$22,202.35,with the acknowledgment that JESCO's liability is not absolved for water problems if they haven't been corrected by this work. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the release of final payment in the amount of$22,202.35 to JESCO,with the condition outlined above. Mark McNeill City Administrator MM:tw r- 0 I Concrete & Masonry Contractors 7175 Cahill Road•Edina,Minnesota 55439-2054 612/944-7700•Fax 612/944-7711 1-800-552-5273 October 23, 1996 City of Shakopee Attn: Mark McNeill 129 Holmes Street South Shakopee,MN 55379-1351 RE: Shakopee Civic Center Dear Mr.McNeill: This letter is written in response to your letter of October 17, 1996,regarding the water seepage issue at the Shakopee Civic Center. As you may know our subcontractor Kremer Davis has elected to ignore our numerous requests to address this issue. In light of this.Jesco will proceed(weather permitting)with the . proposed fix in order to honor our contractual obligation. We will proceed after receiving written confirmation that payment in full(less the $8,092.50 for the proposed repair)will be received within 30 days of completing the repair. If you are in agreement with this please forward an acknowledgment to me at your earliest convenience. Sincerely, JES''0,INC City of Shakopee 1 /_..!u...vi, Daniel Stanley iggnature•of Agreement Mayor Executive Vice President/C.O.O. Date DS:ram 71/1 likli,k Laili City Administrator Cit ler_' . ON: ? /1Y /s NOT- GO/1-/U/NI 'at e R1071 ( tb POf6ieE-- C-J 1 1,21S. 9c, i E¢UAL OPPOf TTUUNITY AND AFFIRMATIVE ACTION EMPLOYER 6 u CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Bill From Kerber Tile DATE: December 12, 1996 Introduction Council is requested to approve a subcontractor' s bill for civic center work. Background Corrective tile work was needed at the civic center. A subcontractor was hired to complete the job. The contractor has not paid the subcontractor. It is requested by the project manager to pay this bill directly to the subcontractor and deduct that amount for the balance due to the contractor. Action Move to approve the bill from Kerber Tile and Marble for civic center work in the amount of $1, 776 . 00 and deduct same from the balance due to Jessco Inc . . Gregg Voxland Finance Director 12-05-1996 S 42PM FROM GREYSTONE CONSTR. 612 445 4191 P. 1 r\A ts.E \ s • \J \ C t 1 \ mj,A, 2 o S 1 b GREYSTONE CONSTRUCTION COMPANY TO: Mark McNeal,City Administrator City of Shakopee 445-6718 FR Mike Parsons �i`A rru: 12/05/96 t 3 Pages sent re: Shakopee Civic Center Mark: w_... o make a payment ment of$1,77 t61Kerber Tile & Marble We are requesting that the City of Shakopee p y ,.� Inc. for repair work performed. A copy of KT&Ml's invoice 8030- attached. The issue and history: The shower floors did not initauy slope to the floor drains. Jesco and Dale Tile started corrective work at the mens and womens shower floor in the Spring of'96. The work was partially completed. Jesco paid Dale Tile for the work completed to that point. Additional tile had to be ordered to complete the work. When the tile arrived Dale Tile did not have installers available and suggested that Kerber Tile be contacted to complete the corrective work. Kerber Tile performed the work and presented the invoice to Jesco. Jesco has refused to make direct payment to Kerber. We believe that the City should subtract this amount from the remaining balance for the concrete A, Li,'" and masonry contractor, Jesco, Inc. Please contact me should you have any questions. , vvol Mike c: Wendi Kerber, Kerber Tile; Jim Mahon,Jesco;Phil Leibfried,Dale Tile 1221 East Fourth Avenue,Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee,Minnesota 55379 Employer/Contractor Fax : 612-445-4191 / . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Cable Franchise Revenues DATE: December 12, 1996 Introduction It has been suggested that Council review the manner in which cable franchise revenues are processed. Background There are three parts to revenues for the cable franchise . The studio rent is paid directly to the Cable Access Corp (CAC) by the cable company. The subscriber fee is passed directly through the city to the CAC. The franchise fee is kept by the city with the bulk of it being paid to the CAC through the budget and the rest kept for city administrative expenses . The amount retained by the city has exceeded the expenses in recent years by $33 , 055 . 35 . All cable revenues are supposed to be spent on cable activities. There will be an excess of revenues over expenditures in 1996 also. An optional way to handle the funds would be to pass all cable revenues directly through the city or directly to the CAC. Any expenses on the city' s part would then be billed to the CAC. Any balances of revenues over expenditures would then automatically be in the hands of the CAC. If council decides to remit all cable generated funds on hand to the CAC, the 1996 portion would come out of the current Admin budget . The balance for previous years could be charged the contingency appropriation which currently shows an available balance of $35, 380 . The records for 1996 currently show revenues of $42, 852 .45 and expenditures of $1, 836 other than payments to CAC. CAC has not billed the city yet for $18, 000 of budgeted fees . Action Discuss and give staff direction on handling 1996 revenues and on the prior years balance. GrggVoxland Finance Director docs\gregg\cable2 CITY OF SHAKOPEE / 2 . +E, '• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Ground Water Monitoring Well Request DATE: December 10, 1996 INTRODUCTION: The Council is asked to affirm an action by the EDA,regarding a request Amoco Oil, represented by Delta Environmental, for a ground water monitoring well location. BACKGROUND: The attached information describes a request for the placement of a well on City-owned property north of Levee Drive. This would be to address a problem resulting from leaking underground fuel storage tanks at Cys Amoco. At its meeting of November 27th, the EDA voted to allow this on the 3 - 1 vote. Council is asked to affirm their action. RECOMMENDATION: We recommend that the proposal be agreed to, with the conditions outlined in the memo to the EDA. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize an agreement with Delta Environmental, for the placement of a ground water monitoring well in the location as proposed by Delta, north of Levee Drive. 1A(i2-AtitAli Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Shakopee Economic Development Authority FROM: Mark McNeill, City Administrator SUBJECT: Amoco Monitoring Well DATE: November 22, 1996 INTRODUCTION: The EDA is asked to consider a proposal to permit the location of a ground water monitoring well on property-owned by the Shakopee HRA. BACKGROUND: In September, 1995,the City Council and EDA considered a request from Amoco Oil to locate a ground water monitoring well on property owned by the Shakopee HRA west of the One Levee Drive apartment building. The reason for the well is to monitor pollution of the ground water table, apparently caused by leaking underground fuel storage tanks at Cy's Amoco, 312 West First Avenue. Following that request, approval was given,with the condition that the applicant would pay $1,000 per year, and that this would be for a period of not to exceed three years. Apparently,there was some reluctance on the part of the applicant to pay that amount, and no follow up was then made. However, in April, 1996, a letter was received(attached) from the Minnesota Pollution Control Agency,urging the City to cooperate with the applicant to make certain that the ground water monitoring well was put in to place. No action was taken at that time. RECENT PROPOSAL: The engineering division recently received an application from Amoco for a ground water monitoring well, again to address the Cy's Amoco problem,but this time at a different location. Instead of being on the EDA-controlled property west of One Levee Drive, it would be for City- owned park property immediately north of Levee Drive, in the vicinity of the walking path. I contacted Delta Environmental, who is coordinating the environmental aspect of this on behalf of Amoco Oil. Whether this new application at a different location is an attempt to have this reconsidered without the fee application is unclear. However, in speaking with Delta Environmental,they acknowledged that the original location would be preferable from a monitory standpoint. DISCUSSION: As shown in the April 3, 1996 MPCA letter,the MPCA has the power to enter property to locate a well site, if necessary. The strong suggestion is that the City allow a well to be placed. My experience with ground water monitoring wells is that they are fairly innocuous - after drilling takes place, there is a small cover placed at ground level, which allows for periodic water samples to be taken. Regarding liability exposure to the City,there should be none. The polluter is responsible for clean-up both on and off site. RECOMMENDATION: My recommendation is that the original site, controlled by the EDA, be approved as a location for the ground water monitoring well, as long as there is an acknowledgment by Amoco that they are there at their own risk; should there be, for example, a proposal to develop that property, the well would have to be removed and capped at their expense. ACTION REQUIRED: If the EDA concurs, it should recommend to the City that a ground water monitoring location as herein described be authorized for use by Amoco Oil Company for monitoring polluted ground water activities for as long as it shall be reasonably necessary, and with provision that Amoco must remove the well site if development activities necessitate that activity. Mark McNeill City Administrator MM:tw r Minnesota Pollution Control Agency ftwar April 3, 1996 Mr. Barry Stock Shakopee Housing and Redevelopment Authority City Hall 129 Holmes Street South Shakopee, Minnesota 55379.-1375 RE: Petroleum Tank Release Investigation Site: Amoco Station,312 West First Avenue, Shakopee Site ID#:LEAK00004711 Dear Mr. Stock: As you are aware,the Minnesota Pollution Control Agency(MPCA) staff is working with Cy's Amoco, and their environmental consultant,Delta Environmental to investigate the extent and magnitude of a petroleum tank release in the area of property which you own. The source is believed to have been the underground storage tank(s)owned and operated by Cy's Amoco - Station located at 312 West First Avenue. High levels of petroleum contaminated ground water have been detected in monitoring wells adjacent to your property. In order to characterize the magnitude and extent of the petroleum release and design an appropriate cleanup remedy,it may be necessary to install a monitoring well on your property at Scott and Levee Street. The MPCA staff is requesting that you extend your full cooperation to Amoco,Delta Environmental and the MPCA by allowing them access to your property for the purposes of conducting the investigation. The MPCA staff considers this release to be a serious potential threat to human health, welfare and the environment. Every effort must be made to ensure that this release does not result in any adverse effects to human health, welfare, or the environment. Should you agree to cooperate, Cy's Amoco will make every effort to minimize disturbance and will return the property to original condition once the work is completed. We hope that this request is acceptable to you. However, if you choose not to cooperate with Cy's Amoco or Delta Environmental, please be aware that the MPCA may enter upon private property for the purpose of conducting surveys, investigations, and taking corrective action under state law at Minn. Stat. § 115C.03, subd. 7 (1994). In addition,the MPCA Commissioner may order a responsible person to take reasonable and necessary corrective action. In that case, the MPCA is required by state law at Minn. Stat. § 115C.03, subd. 1 (1994) to notify the owner of 5.0 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. . Mr.Barry Stock Page 2 April 3, 1996 real property where corrective action is necessary that the owner's cooperation will be required for the responsible person to take such corrective action. We look forward to your cooperation in response to this petroleum release. I will be contacting you within ten(10)days of the date of this letter to discuss the necessary environmental investigation and cleanup. If you have any questions or comments,please feel free to contact me at 612/297-8611. I look forward to talking with you in the near future. Sincerely,y ycx4 Mark Koplitz Project Manager . Cleanup Unit I Tanks and Emergency Response Section MK:bah cc: Jim Kovach, Cy's Amoco Megan Tewinkel, Delta Environmental Consultants Ann Cohen,Assistant Attorney General PERMIT FOR WORK IN PUBLIC RIGHT OF WAY - 129 E. 1st AVE. CITY OF SHAKOPEE 445-3650 1 PERMIT 2 PERMIT FEES PERMIT NUMBER 0 CASH FEE: i 'DATE ISSUED 0 CHECK PENALTY: $ INSURANCE ON PILE 0 BILLED TOTAL: i TYPE: 0 CONCRETE ❑ASPHALT 0 TRENCHING 0 EARTHWORK RECEIPT NO *VALID FOR 10 DAYS FROM DATE OP ISSUE. FORE REVALIDATION CALL 005-3650 3 fA}wa�� p PERMITTEE 4 RESPONSIBLE CHARGE • • `—'p0:"es NAME-COMPANY RESPONSIBLE CONSTRUCTION SUPERVISOR c-oo I w.( - 0+t•• s e+ ADDRESS SUBCONTRACTOR yhm.,w,4npoll s 141 A) S'S1433- ( CITY STATE ZIP PHONE - A I .OWNER—COMPANY OR PE N FORWHOM WORK IS DONE EMERGENCY AFTER HOURS PHONE 1 ) 1 1n LOCATION p ADDRESS l v. SO4.TL, ...Y`;t 0--CT- ."mt 0C 3� b1OCk of L\vee 1.3 -, OTHER l / SUBDIVISION g STREET AND ALLEY IMPROVEMENTS 7 CONCRETE WORK (CONSTRUCT OR REPLACE) •• ID EARTHWORK 13 BASE GRAVEL MOTHER PIA-81,04r 'vl(S CURB CUR CROSS PAN L.F. INLETS OTHER ASPHALT L.P. CONCRETE ALLEY��L.P. ❑TACE J SERVICE WALK DRIVEWAY SIDEWALK L.P. INSPECTIONS: SUBGRADE BASE GRAVEL--------SURFACE CURB L GUTTER L.P. 8 STREET CUTS SANITARY SEWER:,❑SERVICE LINE ❑MAIN WATER: 0 SERVICE LINE 0 MAIN STORK SEWER: 0 SERVICE LINE. 0 MAIN OTHER: 9 GENERAL PROVISIONS as• '1. All permits shall be valid for 10 days from date of issue. After this time period, permits must be revalidated prior to beginning work. A call for inspection automatically revalidates the permit. Permit expires concurrent with insurance policy cancellation/expiration/renewal day or 1 year from date of issue, whichever is first. - 42. Permittee shall call for inspection 20 hours in advance of commencement of actual construction. 3. Permittee shall have a copy of this permit and an APPROVED set of construction drawings on the job site at all times. 0. Permittee shall be responsible for establishing safety measures to protect the public from any and all harm until construction is complete and for compliance with O.S.H.A. 5. Permittee's facilities shall be placed in the location shown on the approved drawings and in accordance with current City specifidatio$d. 6. Permittee's construction methods, equipment and operational procedures shall be subject to approval of the Engineer. -7. Permittee's construction shall be in accordance with current City standards and good construction practice. 8. Permittee shall be responsible for maintaining all temporary construction, repairs, patches or surfacings daily, if necessary. until permanent construction is completed and approved or such maintenance shall be performed by City forces at the prevailing rates. 9. Permittee hereby agrees to comply with all provisions contained in Section 7.07, Subd. 0, (one (1) year guarantee period) of City Code. 10. Permittee shall return the Right-of-Way to its original condition to the satisfaction of the Engineer and shall remove all rubbish and debris promptly following completion of construction and before final Inspection by the City. If final inspection determines corrective measures are necessary, such corrective measures shall be initiated within 10 days and promptly completed by Permittee. 11. Permittee shall save and hold harmless the City of Shakopee, its employees and agents from any acts arising from the construction and/or maintenance of Permittee's facilities or work covered by the permit, and take out and maintain insurance which conforms to the requirements contained in Section 7.07, Subd. 3, of City Code. 12. Permittee agrees to promptly pay any overtime or other costs incurred by the City, required as a result of work covered by the permit. 13. When work covered by this permit requires the closure-or obstruction of any street or pedestrian way, the closure or obstruction shall be made with traffic controls, which include signs, signals, lighting devices, markings, barricades, channeliting or land signaling devices that conform to the Manual on Uniform Traffic Control Devices for Streets and Highways. Appropriate traffic controls shall be maintained until permanent repairs are made to the roadway or pedestrian way. The City Engineer may require that work on some streets not commence before 9:00 A.M. and cease before 3:30 P.M. and that the street be fully open to traffic at the end of each working day. The City does not furnish or rent traffic controls. 10. Roadway construction shall be allowed only after the soils report and the subgrad are approved by the Engineer. 15. Permit is not valid wit mut Receipt` Number from Finance p tment. �� 16. OTHER: _,!}f��.t/t C pit.l e k, e -s, C D WV c e /J. 10 APPROVAL FOR PERMITTEE 11 DETOUR APPROVAL In accepting this permit, the undersigned verifies that he has read and understands all of the foregoing provisions, certifies that he City Engineer has authority to sign for and bind the Permittee and that by virtue of his signature the Permittee is bound by and agrees to comply with (Must be endorsed for detour. Two (2) copies of approved plan required). all of the provisions of this permit and Section 7.07 of the Shakopee City code and with all other City Ordinances and State laws 12 F4PROVOR CIT1� ENGINEER regulating construction. �- SIGNATURE: ' PERMIT: 1 i l � PERMITTEE DATE AUTHOR ED S GNATURE A COPY OF THIS PERMIT MUST BE ON THE JOB SITE AT ALL TIMES. 13 INSPECTION RECORD INSPECTOR DATE INSPECTOR DATE REMARKS: REMARKS: m_ - White - Contractor Canary - PuDli: Works Pink - Active File Gold - Inspector Green - Contractor 0.2M 10/8l -- itIPROCIUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT MEND, EXTEND ALTER F° f -lbLM KIEL OR SEDGWICK JAMES OF MINNESOTA 7900 INTERNATIONAL DR . STE 500 COMPANESNMIViNGODWRVE BLOOMINGTON , MN 55425 coMPANY , i( Q A1-1- 612 854-1711 A Reliance Insurance Co . 9rmJmm COMPANY B Delta Environmental COMPANY Consultants . Inc . C; 3900 Northwoods Drive Ste 200 St . Paul MH 55112 ammur O ��Y-'f+C= ., 5.... t`` :y„`• L:'.1" r- r ro'..',I''.:c.'le•I''''' h�,;toz.4^wtO.fY . , .. '"J .:1"h",•:J L'' iti .1ro....Ys+''t.:s4'''*"-;;;F00=7-+r:u .''':-*:::•_•7-z„-;-- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE NAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. XCLUSIQNS AND CONDITIONS OF SUCH POLICIES. I S 1 V RED A 18 •• D C : . MD MW TYrEOPrmIAlwrcE /D(X'.YAIt1ISSHiUMW ---..) A L2Lam .umerre Q88548351 12/31 /95 12/31 /96 GENmALAcompJITE s 7 0 0 0¢O t) x COMMERCIAL GENERAL UAO UTY PRODUCT&INN PJOP PGG t 1 0 0 010 0IMAGE ._ ('' PEnso &Aov rwRY s 10 0 0 0 n n ,^. Ul ISR NP1Encu occu s 1000000 ' OWNER'S I+cONT mar �OAMAIRE(Anyone and ,A.,..__5_0 n o 0 0 X KM MED Ext SAny onomew) $ 5 0 0 0 r A AUROMIOOLELADIWY Q585483S1 12 /31195 12 /3I /96 comsemosmmeuka s 1000000 X maAWTO AILCwNEDAUTOS SOOLY INJURY S (I'.r vasal n. .AUTOS -X HMO AUTOS ' OocexeuURY S NON•OWNEO AUTO - —,-- PROPERTY DAMAGE $ AIffOONLY-EA AOdOENT $ GMAGEUAnIWY omen THAN AUTO ONLY: ANYAUTO EACH ACCIDENT $ AGGREGATE $ _ oCEssl) BASUff EACMOC t .. WASECA A FORM AGGREGATE S OTHER THAN UMBREUA FORM .— ' A wOROfiMrs OOAPENSATK�N NO Q N 8 5 4 8 3 5 1 12/3 1/9 5 12/ 31/96 X 1To }l � = :::: :_ = E ERS TY E«AUNT $ 10 0 0 0 0 0 THE PROPmETr1' X' wt. EL OLSEASE-PC=UNIT $ 10 0 0 0 0 0 Y/1R11 C UTPIE occLEL DISEASE•EA EMPUOYEE s 1 0 0 0 0 0 0 ccncERs ARE OMER ceac'ncN cc OFERATioNSMOCATionSNEHKIESIIIIPECIALROMs THE CITY OF SHAKOPEE IS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE POLICIES - ra•!):1 u ' `.�a$ .$i.e.:;--Air: ?t.,4.46.4' ti fr_ ' Ya""ii }«Lt ilgCEL .- . rr,,:;1Y.i::'..'F� }`: ' 'oe.L7•11.:'.i2.;,...:,. •��`'i.n-..... . _ SHOULD ANY OF THE AOCNE DEQ fouctss RE CANCELLED BEFORE THE CITY OF SHAKOPEE °xPInMT ON DATE THF,THE IssIANG COMPANY was»MIIIIINT)MM. M S . JUDY C 0 X - 'jV 5- G7 t9 1 0 owes W ITnEH NOTICE TO THE CERERCATE HOWER NAMED To THE LEST 129 HOLMES STREET SOUTH SHAKOPEE MN 55379 mmiceizar 2 '2....T 1 TIVE ' 4 >if....,.... : of _.,, •,FIR F.' .7• T . '. "r71 {•j� .."- •.�i.�4' alf .`�1 It " t41•p " ,: ;�+a .17 y "ry �l+ ! r.^_d:•:!" V' Q01,30i u.coR v.Amok i9i$3: •�. ��t,.�„��._�,�'`51,,�,�' +. .�.T+S ::fi4`i,..Yl....kG;:'•. _.K�� •�1L� . ''k�.•. _....dti•.r•L`ii 1•`M 'i .---_� TOTAL P.01 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting December 13, 1996 1. Roll Call at 6:00 p.m. 2. Approval of the agenda 3. Consideration of Appointment of Economic Development Coordinator 4. Consideration of Development Agreement for ADC Telecommunications, Inc. 5. Relocation Claims: Materials distributed at the December 11 regular meeting and; a) Tin Horse Antiques- 213 1st Avenue E. b) The Antiquated Place - 213 1st Avenue E. 6. Other Business: 7. Adjournment at 7:00 p.m. • SCOTT STREET • A :Ll m O = �ti0 P1 D 'yy`T mK c m rz7 m 000 n N "0 Di-m :UD oZ0 z!&) m 0 . . Zp • . 0 pi m 00 � m m D 0) m rn -� N w I -' mxi U.1 In rn (n 0 -1 — — � --,pj' m m m A 9 /..IA 0 m -PI O j DRIVEWAY �--^ > V v m K c m • * m I rn n cn m m � = !� • c� O i - c .1--r_ I ca III n— N IL---- �• A)(A II m 17■1 �\ W �o �o, �rn r I :. cep (� m 7)D xD N . 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O D z co co D rn PP1 z rn 0 0 u• in w > G 0 �1 w 7 m —I- u0Q O_ 9 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Assistant to the Administrator Position DATE: December 12, 1996 INTRODUCTION: The Council is asked to approve a job description, approve a salary range, and authorize advertisement of the budgeted Assistant to the City Administrator position. BACKGROUND: Since starting employment here in July, 1996,. I have not filled the Assistant City Administrator position which had been formerly held by Barry Stock. My desire was to get an understanding of workloads and the job, so as to determine what, if any,replacement would be needed. In the budget discussion for 1997, the City Council included an entry level Assistant position, anticipating a level for someone in possession of a Masters Degree in Public Administration or equivalent, and having internship experience. The former position was set up for a more seasoned individual, with a pay range of from $44,199 to $55,249. At this time I would like to begin the process of filling an entry level position. There are many work items which are not being attended to, at least to my level of expectation. There has also not been consistent staff support for cable television, a City newsletter, and MIS. Regarding MIS, while I would not expect an individual to have anywhere near the skills that were possessed by the former Community Development Director,having one individual centrally responsible for coordinating maintenance and acquisition would be desirable. Over time, it is hoped that he or she would be able to learn enough to do an increasing amount of the maintenance work in-house. In addition,under this scenario,the responsibility for transit would be moved from the Community Development staff, to this position. Other portions of the former Assistant City Administrator duties, are not proposed to be in this position- many of the more routine personnel items will be in the proposed Payroll and Benefits Coordinator position, and economic development is being provided by a full time position. Supervision of Building Inspection and Recreation has also been split out. In order to begin the process of filling this,the attached position description would need to be approved by the City Council. In addition, a pay range will need to be added to the pay plan, reflecting the new position. BUDGET IMPACT: $28,000 was provided in the 1997 Budget for this position. That is target salary level. In looking at the responsibilities, and what was available in the MAMA benchmark points, there is nothing that corresponds. I suggest that we use the 70 points that is identified in the Assistant Recreation Supervisor position as a basis for a salary range. Using those points, and making this a non-exempt position (eligible for over-time),the salary range would be $28,594.16 to $35,742.70. I:recommend that we not exceed Step 1 as the hiring salary. RECOMMENDATION: I recommend that the City Council adopt the position description as proposed for the Assistant to the Administrator position and pay range,to be incorporated into the current pay plan. With this approval,the advertisement to fill the position would begin. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the attached position description, direct that the pay plan be amended, and authorize the advertisement for the Assistant to the Administrator position as outlined in this memo. SLAL Mark McNeill City Administrator MM:tw City of Shakopee Job Description JOB TITLE: ASSISTANT TO THE CITY ADMINISTRATOR EXEMPT: Yes JOB CODE: SALARY LEVEL: DIVISION: Administration SHIFT: DEPARTMENT: Administration LOCATION: EMPLOYEE: REPORTS TO: City Administrator PREPARED BY: Mark McNeill DATE: 12/12/96 APPROVED BY: DATE: SUMMARY: This is an entry level management position to assist the City Administrator in the overall administration of municipal functions . Under general supervision of the City Administrator, performs general administrative tasks such as coordination of MIS services, transit, and cable television. Responsibililties also include special studies and reports, coordination of special programs and projects as assigned by the City Administrator. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Conduct special research programs, grants, legislation and special projects, prepare special reports for the City Administrator and/or City Council . Assists the City Administrator in the development of administrative procedures and systems. Works with the department heads as assigned to develop efficient and effective systems. Represents the City as liaison to local, regional, and state units of government on matters affecting jurisdiction, as directed by the City Administrator. Responsible for administration of the Cable Television Franchise and Community Access Channels . Responsible for coordination of public transit with the community. Responsible for coordination of MIS maintenance and computer system component acquisition. Responsible for interdepartmental response to citizen requests for services. - 1 - JOB DESCRIPTION Job Title: ASSISTANT TO THE CITY ADMINISTRATOR Assists in the coordination of multi-department activities to ensure the departments' effective working relationship in carrying out programs and/or projects between various departments . Keeps abreast of new developments in the field of Public Administration and makes observations and suggestions which will improve the administrative policies and procedures for the City. Assist in negotiations with collective bargaining units on behalf of the City. Monitors legislation that will affect the City and its various departments . Coordinates publications of articles and special newsletters, as directed. Assists in City budget formulation and preparation of annual Capital Improvements document . Provides liaison with outside contractors or consultants involved in the accomplishment of special projects . Performs such other duties as are consistent with the task of the position and as may be assigned by the City Administrator. (The examples given above are intended only as illustrations of various types of work performed and are not necessarily all inclusive. This position description is subject to change as the needs of the employer and requirements of the position change . ) SUPERVISORY RESPONSIBILITIES : None, unless otherwise assigned. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: Minimum Qualifications : Bachelor' s degree in Public - 2 JOB DESCRIPTION Job Title : ASSISTANT TO THE CITY ADMINISTRATOR Administsration, Political Science, Personnel Administration, Business Administration or closely related field required. Desired Qualifications : Master' s Degree in Public Administration. Revelant experience in municipal government, typically at an internship level . LANGUAGE SKILLS: Good Written and oral communication skills . Ability and skill in planning, analysis, and administration. Ability to develop and maintain effective work relationships with City staff, public, and other government agencies and organizations . Ability to research, and prepare detailed reports. Knowledge of Wordperfect, Lotus 1-2-3 , and other software applications . Working knowledge of networked computer systems, including acquistion and use of micro computers, associated equipment, software, and related training within the jurisdiction. MATHEMATICAL SKILLS : Ability to work with mathematical concepts such as probability and statistical inference, and fundamentals of plane and solid geometry and trigonometry. Ability to apply concepts such as fractions, percentages, ratios, and proportions to practical situations . REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions . Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables . OTHER SKILLS and ABILITIES : High level of public contact requiring tact, courtesy and good judgement . PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to - 3 - JOB DESCRIPTION Job Title : ASSISTANT TO THE CITY ADMINISTRATOR successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel objects, tools, or controls; and talk or hear. The employee frequently is required to stand and reach with hands and arms . The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . The noise level in the work environment is usually quiet . - 4 - 1 . E. c , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Personnel Administration DATE: December 13, 1996 INTRODUCTION: The Council is asked to consider changes in job assignments to begin to recentralize a personnel function. Specifically, designation of a Payroll/13enefits Coordinator is proposed. BACKGROUND: In the mid 1980's, the City of Shakopee, along with other cities in Minnesota,responded to legislation that required a study of job responsibilities, and then to implement a pay equity plan. through the State's comparable worth law. Then City Administrator John Anderson assigned Marilyn Remer of the Finance Department to coordinate that work for the City. Along with other City employees, Ms. Remer tested for her responsibilities. She was assigned 82 points for the work which she was doing, which combined personnel, along with her accounting clerk duties. The 82 points was the"internal equity" factor required by law. Regarding the external equity that was required by law, the City compared all of its employee positions' pay with similar City positions throughout the metropolitan area. Because Ms. Remer was in a"blended"position,the portion of the formula which factored in comparison pay had her position compared to 25% Administrative Assistant, 25% Personnel, and 50% Senior Accounting Clerk. This Council previously has asked to see what to see what the job responsibilities were of Ms. Remer. I have enclosed as attachment A, a memo dated November 17, 1986, which described what responsibilities and training that Marilyn had at the time of the her personnel duties at that time. POSITION CHANGES: After a change in City Administrators, in the early 1990's, the human resource function was again examined. A decision was made to"decentralize"personnel administration, and the Assistant City Administrator became the lead person for personnel duties. Labor negotiations were divided between that position and the City Administrator, and the departments became more responsible for such things as employee evaluations, routine aspects of hiring, and documentation. In addition,recruitment, initial selection, and other aspects of hiring was contracted through the Scott County Personnel Department. The personnel responsibilities retained by Marilyn Remer focused on payroll (which also may be considered a function of Finance), and accounting. She was assigned the job title of Senior Accounting Clerk, and her comparable worth points were dropped to 61. Because of the reduction in points,her pay exceeded the formula for those, of duties. Rather than have a reduction in pay, since 1992, she has been "frozen" at an annual salary of$37,945. DISCUSSION: With the departure of the former Assistant City Administrator, it has provided an opportunity to reexamine the City's personnel function. In my view, there appear to be items which are not adequately being covered under the existing system- among other things,there is no centralized function to get employee evaluations done on their employment anniversaries;portions of employee orientations are not being performed(see attachment B); and there is no one to keep updated on personnel law changes by attending local human resource meetings. There are a couple of options for"recentralizing"personnel duties: 1. Assign them to an Assistant City Administrator position, and redefine those job duties,to include items which are either not being done, or which have been assigned to departments. 2. Combine the payroll function with some of the previously held job responsibilities in Finance (although answerable for personnel functions to the City Administrator). Option#1 is more closely linked to what had been done most recently. However, as discussed elsewhere on the December 17th agenda, I am proposing to create an entry-level Assistant to the City Administrator position, which would not have personnel responsibilities. The second option,which more closely reverts to what had been done prior to 1992, is one in which I would like the Council to examine. The model for this is what is currently being done by the City of Savage, and, to some extent, the City of Lakeville. The Savage job description is attached (attachment C). What happens there is that the position is responsible for payroll, salary adjustments, and the development and evaluation of the employee benefits program(insurance, flexible benefits, etc.). This is primarily a clerical function. In Savage, the City Administrator is responsible for labor negotiations; the Assistant City Administrator does all hiring functions, but the City is examining contracting that function through Scott County, similar to what Shakopee has been doing. If the City Council were to do this, Marilyn Remer would be the logical person to whom these responsibilities should be assigned. This would mean that the City Administrator would still primarily responsible for personnel administration, and I would also recommend that the City continue to use Scott County for hiring (while I was skeptical at first, I can see the benefit in having that done by an outside agency). There is also a need for someone knowledgeable about personnel issues to sit in with departments on certain new employee interviews,to insure that questions are being posed properly. Because the payroll/benefits administrator would have access to information which may be used in labor negotiations or hiring,my recommendation is that this be designated a"confidential" position, and therefore outside of the union. The job responsibilities of this position would continue to have special assessments, due to the 14 years of experience that Marilyn Remer has in this position. Other cities have assessments done through Engineering or the City Clerks office. Some other portions of Maril.yn's existing work may need to be reassigned to other portions of the Finance office. BUDGET IMPACT: The job points of the Payroll/Benefits Administrator in Savage is 73. Savage and Shakopee, at least initially, were very closely aligned on points. While it is evident that there have been some variations,without testing, I would suggest that would be a reasonable number of points. At 73 points, and figuring $510.61 per point, it would mean a new salary of$37,275. This is still below the frozen value of$37,945. It would take a cost of living adjustment in excess of 1.8% to provide a salary increase. Ms. Remer has asked the City consider work that she does as special assessments clerk when setting comparable worth points. Research has shown that this is done by a variety of other positions in other communities,ranging from Engineering and City Clerk,to Finance Directors. (This is work that she has done for several years). The Council may wish to consider that she would spend, on the average,perhaps 20% of her time throughout the year doing this work. For comparison purposes, an.Engineering Technician III (at 81 points in Shakopee), might otherwise be assigned to do this work. Figuring 80% at the 73 points for the Payroll Benefits Coordinator, and 20% at the 81 points for Engineering Technician III, the blended job points would be 75. At $510.61 per point, it would mean a top salary of$38,296, or an increase of$351.00 over her existing salary. RECOMMENDATION: If the Council wishes to recentralize personnel functions, I recommend that it consider establishment of the Payroll/Benefits Coordinator. Note that the personnel aspect of this job would assist the City Administrator in his administration of personnel; the other finance functions would still be answerable to the Finance Director. It is Councils determination of 73, or 75 points. Note the potential problem in doing this is that there have been other jobs which have evolved or grown over time, and this does not address those. Those will need to be looked at at some point. ACTION REQUIRED: If the Council concurs, it should direct that a new job description be drawn up for Payroll/Benefits Coordinator, incorporating as a model criteria listed in the Savage position, and further direct that the pay plan be modified utilizing 73 or 75 points for the position. Mark McNeill City Administrator MM:tw Payroll/BenefitsAdministrator Page 2 Maintain effective communication with employees regarding services and benefit programs. Administer worker's compensation program, ensuring timely reporting of incidents. Perform research and prepare various reports; assist in budget preparation as necessary. OTHER DUTIES AND RESPONSIBILITIES Assist with the coordination and distribution of all materials needed for performance evaluations. Provide research and information on special projects and assignments within the Personnel Office. Remain up-to-date new procedures and relevant laws and regulations. Promptly responds to citizen inquiries related to wages and benefits, ensuring appropriate follow- up. Maintains thorough documentation of complaints and inquiries. Assist with computer backup on an as needed basis. Perform other duties and responsibilities as apparent or assigned. (The examples given above are intended only as illustrations of various types of work performed and are not necessarily all inclusive. This position description is subject to change as the needs of the employer and requirements of the position change.) KNOWLEDGE, SKILLS AND ABILITIES REQUIRED Knowledge of Federal, State and Local regulations regarding public sector employment. Ability to communicate effectively orally and in writing. Ability to establish and maintain effective working relationships with City personnel, City officials and the general public. Ability to schedule and organize work effectively and to maintain confidential information. Experience with word processing, data base management and other micro-computer functions. PayrolUBenefits Administrator Page 3 MINIMUM QUALIFICATIONS Post secondary education in Business Administration, Industrial Relations, or relate field. Minimum of 3 years exprience in fmance and/or personnel related functions. Thorough knowledge of employee benefit programs. SUPERVISORY RESPONSIBILITIES None. RESPONSIBILITY FOR PUBLIC CONTACT Contact with public requires tact, courtesy and good judgement. NON-DISCRIMINATION POLICY The City of Savage will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. f:\users\jean\jobdesc\2payclk.jg A+c,c_l A Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: Responsibilities of Personnel Dept. (Informational ) Date: November 17, 1986 Introduction Early in 1984 it was decided that many of the Personnel functions that had been previously handled by many various departments should be centralized to be more effectively and consistently administered. As many of the functions went hand in hand with the Payroll functions, it seemed quite logical for the Sr. Accounting Clerk to assume these duties. Present Personnel Coordinator Duties 1. Policy Administration The primary function of the Personnel Coordinator is to provide information, assistance and explanations on Personnel matters to the employees and the public. It entails the daily supervision and monitoring of all City of Shakopee Personnel Policies for adherence, in addition to drafting policies, resolutions and memos to administer and maintain those policies. Several new policies drafted include: Sexual Harassment Tuition Policy. Comp Worth Appeal Process Telephone/reference policies for hiring new employees Pay of City Employees serving as Volunteer Fireman 2. Hiring Administration The Personnel Coordinator also assists the City Administrator 'in the hiring process by posting job notices, placing ads, reviewing applications, screening applicants (testing where necessary) and notifying all applicants as to the filling of the position. Proper procedures have been established for the entire hiring process including a policy on references. The importance of adhering to Equal Employment Opportunity and Affirmative Action guidelines are very Important in order to diminish the potential threat of lawsuits that are becoming so prevalent in today's job market. 3. Records Administration Maintaining and updating employee personnel files Updating and monitoring Police & Public Works Union Contracts Monitor Employee Contracts - including recommending proper wording Maintain compliance with FLSA and other tax laws Liaison between City and Insurance carriers, EAP, etc. , including workers comp. Monitor anniversary dates for probationary periods, raises, vacation and sick accrual ,etc. Administer Pay Plan New Employee Orientation Jos F_r/3�0/9-77aNS CR/P770/VS 6 /1/GFI l /q6/14• - dQAA it/ ENRo4.4-{v(,c iv7_ UHh'EN7- f�( PERSU N Lo G'1s P/4yRa44 ZlsEfZ Raz/p Provide appropriate informational items to keep employees informedlof changes/ occurances that may affect them Verify employment 4. Comparable Worth Active participant in the Comparable Worth Program with Control Data. Responsible for the City's participation - administration of the TSP's (Questionnaires and Revisions) Participated in numerous • meetings with Control Data as member of OAG (Occupational Advisory Group) thru entire process. Attended implementation strategy meetings/seminars. 5. Various Training. Courses, and Seminars Attended Human Relations (Evening College Course) • Hiring & Firing Seminar u. -, ivIA- v.&.ek k4-frx °11- -d. Office Procedure for Secretaries Personnel Update DR �� Pjs�« �zrso�N � -e�eies l,p °rz /94"Dealing with Stress (P -� �fFH/ People Skills Compensation & Performance Management: Strategies & Tactics for Cities ( A seminar for participants in the Control Data Joint Comp Study) Affirmative Action Update Supervisory Training sessions Represent City at various workshops/meetings such as Health Care Programs presented by St. Francis, MPELRA, etc. Member of Twin Cities Personnel Association Lf- ?oF oP ,1 iJ boss C'_O TRo� j joRKsi oPS Future Concerns/Issues of the 80's �� FA'yk WoRKStioP PEAR SEminIF}R s Many work places will have to deal with AIDS in the workplace (treated as a handicapped condition) , drugs & alcohol in the workplace, smoking policies, tardiness & absenteeism, discharged workers (potential slander suits) , harassment, etc. These subjects will be the responsibility of the Coordinator as they become issues the City must deal with. I it ft4cAute4 1, City of Shakopee Employee Orientation Checklist Employees Name (Last, First, Middle) SS# Department To be completed by Admin./Personnel ( ) Tennessee Warning ( ) Personal Data Sheet :..,;,,,: , ( ) Form I-9 (Orig. kept in City Hall File —Copy to Pers. File) ( ) Personnel Policy ( ) Position Classification ( ) Probationary Period ( Right To Know ( ) Holidays, Vacation & Sick Leave ( ) Reporting Accidents & Injuries ( ) Union Position ( ) Evaluations ( ) Promotional Opportunities { ) Affirmative Action ,. ,-.;,,,,:::::,24,1 ( ) Smoking Policy ( ) Employee Assistance Program °` " ( ) Personnel File :: ( ) Resignations ( ) COBRA Notice To be completed by Finance ( ) Payroll Authorization Form %` �` ' ( ) Form W-4 ( ) PERA ( ) Deferred Comp ( ) Pay System and Pay Days ( ) Health, Life, LTD ( ) Cafeteria Plan Benefit Options ( ) Other DIRECT DEPOSIT Employees Signature Date Finance Signature Date Admin. /Personnel Signature Date CITY OF SAVAGE POSITION DESCRIPTION POSITION TITLE: Payroll/Benefits Administrator DEPARTMENT/DIVISION: Finance EMPLOYMENT STATUS: Hourly, Non-exempt ACCOUNTABLE TO: Finance Director APPROVED BY COUNCIL: POSITION SUMMARY Position performs a variety of processing activities necessary to facilitate the timely and accurate implementation and administration of payroll and benefit programs. Responsible position requiring strong attention to detail, ability to work independently, and ability to maintain effective communication with co-workers and vendors. ESSENTIAL DUTIES AND RESPONSIBILITIES Accurately process biweekly payroll. Process time sheets, checking for errors and/or inconsistencies. Maintain master files to ensure accurate records of all employee payroll-related transactions. Creates computer reports as needed, recommending system changes as appropriate. Process all salary adjustments, including calculation of correct amounts, lump sums, and retroactive amounts. Review for consistency with internal policies and procedures. Assist in the development and evaluation of benefits programs. Provide input on design changes that will be beneficial to the City and its employees. Administer benefits programs including health, dental, life, short-term and long-term disability insurance as well as retirement plans and other optional benefits. Serve as liaison to insurance companies. Administer open-enrollment process. CITY OF SAVAGE Physical Demands and Job Description Supplement PAYROLL/BENEFITS ADMINISTRATOR WORK ENVIRONMENT 1.) Normal shift = eight (8) hours for five (5) consecutive days. 2.) Works indoors in controlled environment. 3.) Stress level varies from low to very high. PHYSICAL DEMANDS Type of Activity Frequency Walking/standing: To meet with public or co-workers. F Sitting: Usually seated at desk. F Standing in One Place: Meeting with public or co-workers. 0 Climbing: Climbing ladder to heights of 12 feet to reach records. S Pulling/Pushing: Moving/lifting records. 0 Crawling/Kneeling/Squatting: S Bending/Stooping: Occasionally to pick up records. 0 Twisting/Turning: S Repetitive movement: Computer operation. 0 Lifting waist to shoulder: Lifting records. 0 Lifting knee to waist: Lifting records. 0 Lifting floor to knee: Lifting records. 0 S = Seldom 0 = Occasional F= Fre u lit e 1 q Y 0.E Jo CITY OF SHAKOPEE Memorandum TO: Mayor and City Council oiDAtiy MarkEconMcNeillmc , City Administrator FROM: SUBJECT: Economic Development Coordinator Hire DATE: December 17, 1996 INTRODUCTION: The EDA and Council are asked to affirm a recommendation for hire for the position of Economic Development Coordinator. BACKGROUND: On Thursday, December 12th, four candidates were interviewed by an interview panel for the Economic Development Coordinator position. After reviewing the results of those interviews, and performing reference checks, our recommendation is that Paul Snook of Long Lake, Minnesota, be hired. Mr. Snook holds a Masters of Science in Geography and Urban Planning(with a concentration in economic development) from Southern Illinois University at Edwardsville. He has most recently worked as Economic Development Director for Watonwan County in St. James. Prior to that, he was in economic development in public and private sector in the St. Louis, Missouri area. Note that this offer is contingent upon his successful passage of a pre-employment physical. His anticipated starting date if January 21, 1997. BUDGET IMPACT: The advertised starting range for the Economic Development Coordinator position was $37,699 to $42,412; ultimately, at Step 8, it would go to $47,124. In negotiations with Mr. Snook, we have agreed that he would start at Step 2,which, at 1996 rates, is at$40,055. I have discussed the complications caused by any cost of living increases normally given January 1st. He will remain at Step 2 at 1996 rates during 1997; we will need to do a"catch-up" in 1998 to reflect the 1997, and any 1998 cost of living increase,to get him on. line with the City pay plan. ACTION REQUIRED: l:f the EDA and Council concur,they should, by motion, approve the hire of Paul Snook as Economic Development Coordinator for the City of Shakopee, effective January 21, 1997. UAL4 4,WR Mark McNeill City Administrator Executive Director MM:tw CITY OF SHAKOPEE g,C. JO Memorandum TO: Mayor and City Council and EDA FROM: Mark McNeil, City Administrator SUBJECT: Economic Development Coordinator Position DATE: December 13, 1996 INTRODUCTION: The EDA and City Council are asked to affirm the recommendation of an interview panel for the hiring of a Economic Development Coordinator. BACKGROUND: Earlier this year, the EDA and City Council approved the creation of an Economic Development Coordinator position. The position will be responsible for the facilitation of economic development work in the City. This would include being the point of contact for new businesses, assisting in the retention and expansion of existing businesses, and special projects, such as coordination of downtown redevelopment(Blocks 3 & 4), and researching and providing information regarding financial incentives (grants, TIF)etc. to prospective users. After a couple of delays while the position job responsibilities were reviewed, interviews were held on December 12th with the four top candidates from the original response to the July advertisement. An interview panel made up of the Community Development Director from Lakeville, Michael Leek, and I participated in the December 12th interviews. A preliminary finalist has been identified, but details were not available at the time of the writing of the memo. The EDA will be advised of the recommendation, and asked for a concurrence, at a special meeting suggested to be held at 6 pm, December 17th, immediately preceeding the City Council meeting. As this is a new position, and provides staffing for the EDA, we have assumed that both the City Council and EDA will wish to review the recommendation. BUDGET IMPACT: The position was advertised at$37,699 to $42,412. A recommendation regarding a starting salary will be made at the time of review of the finalist candidate with the EDA and Council. ACTION REQUIRED: A recommendation to be made by staff; the Council and EDA will be asked to approve the hiring of the l: conom.ic Development Coordinator at their December. 17th meetings. jtavt kudecti) Mark McNeill City Administrator MM:tw . 42, E. /1 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Long Term Disability Insurance DATE: December 17, 1996 Introduction Council had directed that the County be contacted to see if the City could join the county Long Term Disability (LTD) insurance group. Background The City has had a significant increase in LTD premiums this year. The rate for 1997 is $0 . 54 . The county' s rate for 1997 is $0 .46 . The county' s carrier will let the city join the county group at the same rate. The rate for the city by itself from the county' s carrier would be $0 . 60 . I do not have the expertise to evaluate all the differences in the coverage' s but the primary difference in the coverage for the city is currently 66 . 7% of salary while the county' s coverage is 60 . 0% of salary. Council may want to consult the City Attorney to see if this would constitute a reduction in the aggregate value of benefits that would need to be negotiated with the employee groups. Major highlights : Current County Fortis UNUM Premium rate $ 0.54 $ 0.46 Benefit - % of pay 66.6% 60.0% Monthly Maximum $ 5,000 $ 5,000 4 . Waiting Period 180 90 (days) Recommendation Renew the LTD coverage with Fortis (our current carrier) for 1997 . Action Move to approve the renewal of Long Term Disability coverage with Fortis Benefits at a rate of $0 . 54 for 1997 . Gregg Voxland Finance Director is\finance\docs\insure\97LTD HEALTH INSURANCE BALLOT Results Stay Alt #8 Other Non-Union 5 10 3 PW Union 1 9 0 Clerical 3 8 2 Police 10 2 0 Sergeants 3 0 0 TOTAL 22 29 5 . a 1l , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Health.Insurance Contributions - City DATE: December 11, 1996 INTRODUCTION: The Council is asked to approve an increase in the City's contribution towards insurance premiums, for. 1997. BACKGROUND: Several years ago,the City standardized its contributions towards health, life, and disability insurance premiums so that all employees would have the same amount for 1996.. That stands at $346.66. Depending upon the health insurance plan taken, employees either pay additional towards their coverage, or receive extra compensation for the portion that is not required. The current costs for coverage are as follows: Single - $128.05 Two Party - $302.92 Family - $389.92 Those with family coverage paid in $ 65.78;two party participants received back an extra $22.14, and those with single coverage received an extra amount of$ 196.01 per month. The City was recently notified that its health insurance costs will be increasing 27%, if renewal is made with the same program. A series of meetings have been held with employees to explain the options available. The results of a vote will be available by Tuesday night as to whether employees wish to renew at the higher rate, or pursue different alternatives, which might result in. lesser increases. The City Council is asked to establish what its increase in contributions will be towards insurance premiums, for 1997. BUDGET IMPACT: The 1997 budget has provided for a$15.00 per employee increase for health insurance premiums. If the larger amount than that is to be provided, it will impact the amount of money available for salary increases. This will increase the contribution to $361.66. Regardless of the plan chosen by employees, the new rates will increase the out of pocket insurance expense to employees. For example, if renewal is made on the existing program, and City contribution increases $15.00, those with family coverage will increase their out of pocket from$ 65.78 per month,to $ 154.86 per month. Those with single coverage would see a reduction in compensation above their salary level, from $ 196.01 to $ 177.06. RECOMMENDATION: We recommend that the City increase its insurance contributions by $15.00 per month per employee, to a total of$361.66. ACTION REQUIRED: If the Council concurs, it should, by motion, set the 1997 contribution for City participation in insurance premiums, at$361.66 per employee per month. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Employees With Health Insurance FROM: Gregg Voxland, Finance Director SUBJ: 1997 Employee Group Insurance DATE: December 3, 1996 Introductiog The city has received the renewal rates for employee group insurance coverages. The premiums for 1997 health insurance are going up 27% or an increase. of $103 per month for family coverage, $81 for 2 party and $34 for single coverage. Last year had a very small increase so that the average over the two years is 13%. The cost of our claims has increased 40% over the previous year. Inflation for medical costs is figured at 9.72% to the end of 1997. Council has not acted on the renewal yet. . Options for reduceing the cost are to change the deductable, copay or the providers (clinics or doctors) covered. Our copay and deductable are the same as they were 30 years ago and as a result, we have higher premiums. In order to change the plan, each of the five employees groups would have to agree to the change. Cost of options; Options Single 2 - Party Family Current 128.05 302.92 389.92 Proposed 162.00 384.00 494.00 #1 154.32 365.80 470.58 110 00 out of pocket #3 179.04 424.39 545.97 Aware GOLD$15 copay #5 153.52 363.90 468.14 ooP 00&700/1400 Aprox $ for 1,3,5 (2, Blues Choice network 4 & 6) 11.37 26.95 34.66 #7 149.83 355.16 456.89 Preferred GOLD$15 copay,Blues Plus Option 1 is the current plan but increasing the out of pocket maximum from $500 single/$1000 family to $1, 100/2,200. Option 3 drops the wellness package (annual physical) and the accident coverage with no deductable and coinsurance. Inpatient has $100 deductable and 80% coverage to $2, 500 out of pocket. 515.00 copay on each office visit. $40 . 00 copay on some hospital outpatient services (emergency room) and deductable and coinsurance apply to non-network services. Option 5 is current plan but $200/600 deductable and $700/1400 out of pocket. Adding the Blues Choice provider restrictions saves approximately the amount shown above to each of option 1,3, &5. These are options 2, 4 and 6. Option 7 is $200 deductable for Extended Aware Gold Network, $15 . 00 office copay, Blues Plus network which is more restrictive than the Blues choice network. FILE No. 925 11/24 '96 09:27 ID:BCBSM METRO SBU 612 405 7258 PAGE 2 * * * * * * * g 0 8 oor' , 9 0 ftyQ: 0 "pC•`t A n 17 n O1 L O 0 C O a. O r CD .0 L �' N C (2: v� B E. ,,,, i P f N c � .oh6„o wo E. dco , nH y2 r `7 I $ n. 6., ag Un A !. fin • tU' Ui tie) -6^ n n 3.- 1.. i 0 mad A 11111: 4 E,fe i' H .0 C a- en 1 �''j► rT -. n a !'....e]S ions "• o gi C ' � O In Ln li r_ F E. C 7C1 131. * * * * it * * ` J C7 ).• n O. S O -h a4 g O b 7 y" h Q n C A G -_"j [ y— `C! tc�r tlpos li `ter`— M I.co C )71 yI nO' Oj Q. C7 ag. a ~ n a o .< o � SMz a y E. w , N r C a.... T1 o scacZi g � � y cal 40. G d 0 m 1D V1 ;,10 f c9 �' $ n rr _9 69 :7 W a. ....61 9 O C 8 8 g n S y � $ a ;ER $ . O , agtf3I? t-1 CR Pi NY, Ag t `n a. < -C ¢ 5' n eIN c Um lei F �r 00 .< E E r9 E. FO. a 0 n E. n N M. 8 co c. g i i LE iJo. 188 12,04 '96 16:31 I D:BCBSI1 METRO SBU 612 405 7258 PAGE 3 * * * * * o _ S CO a p p O ^+ g • 0e" :' O- en U N. tio be ., Cw j p Npc 'ac,, ShC n b/! (A G. ..h G p (' 8 C $ a ; 1- g' 5 I rn nic A E. n N y CD y O C S c v, K. O r +y'1 p• � pN r•D �, N N D y b N C� Q G "" V, W . c �' g O" .vy �° g g O 0 ~ N p^ C -N 2 ii 1 O S = oc ca < o n. fci2. ti 6 M E: L i tt a. 0 2 „ o ai . g Cl. ` oi s - M $ _ 2 „, n ea 13 o c y B., \p d I ran tri .:: :, R CI3 el * * * * * * * *m d m z o U Ri V IV 111II ? S No MEI Z cPi g` c14] ;al C ca E9 �++ w p e. g a cv cr �, es en -i toC G CO"' N W til {T5 on 00 ."., .v a cz $ g g g m O g ; �-1 p fJ y0 N p 0 c 43, .J CD X z. ((+A��r. ›r dG GGi grl ft V (� A p� 5, 9 co G 00 h+ "4 b‘ `.4 yy et , 0 a o' 12 . 15. ) CITY OF SHAKOPEE ' Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Attorney Selection DATE: December 10, 1996 INTRODUCTION: At its meeting on December 17th, the City Council will be asked to select a firm to serve as City Attorney. BACKGROUND: The City Council has previously made a decision to go with a consulting attorney firm, and not replace the in-house attorney which had been used by Shakopee for six years. An advertisement was placed in the Shakopee Valley News, and direct solicitations were made to firms known to provide municipal legal services. Seven responses were received. Staff reviewed these, narrowed the list to three finalists. On December 9th, the City Council interviewed the following: Kennedy& Graven Campbell, Knutson, Scott& Fuchs Grannis, Grannis, Hauge, Eide, Anderson& Keller No decision was made at that meeting; instead, staff was directed to negotiate a fixed monthly retainer amount from each of these companies. They were advised of this on Tuesday; results will be made available prior to the meeting. RECOMMENDATION: Council needs to make a decision as to which firm it wishes to have as City Attorney. ACTION REQUIRED: The Council should,by motion, indicate a selection of a firm to represent Shakopee as City Attorney. V4S-ALUidifi Mark McNeill City Administrator MM:tw SHAKOPEE December 10, 1996 Jim Thomson Kennedy& Graven Tom Scott Campbell, Knutson, Scott& Fuchs Dave Keller Grann:i.s, Grannis, Hauge, Eide, Anderson& Keller Gentlemen: As I've notified each of you,the City Council did not make a decision for Shakopee City Attorney following the interviews on.December 9th. Instead,this will be an agenda item at the next regular Council meeting on Tuesday, December 17th. One directive which I received from them was to have each .firm submit a proposal for a monthly fixed retainer. So that all are equal, I have attached a copy of the billings from Kennedy and Graven since they began in July. While I will leave it up to you to determine what you would propose in a retainer, the following items have been billed separately, either by Kennedy and Graven, or by other firms: 1. Annexation Issues 2. Downtown Redevelopment Condemnation 3. Engineering Contract Litigation(and all other litigation) 4. Indian Land Trust Issues (billed by K& G; not anticipated to be shifted to another firm at this time) 5. Labor Relations 6. Claims Against the City (handled through LMCIT) 7. Prosecution 8. Bonding/Development COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 In general,the retainer should cover such things as general real estate and development issues, drafting of documents,preparation of routine correspondence, responding to staff inquiries, attendance at staff meetings as needed, attendance at City Council meetings (not generally including workshops, unless otherwise directed), and day-to-day general legal and civil advice. Council agenda goes out Friday morning; if you have something in writing which you wish to have included, you should get it to me prior to that time. Otherwise, it can be distributed at the meeting. If there are questions about this, please contact me. Sincerely, Mark McNeill City Administrator MM:tw CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J.Campbell (612) 452-5000 Andrea McDowell Poehler Roger N.Knutson Fax (612) 452-5550 Matthew K.Brokl* a Thomas M.ScottJohn F.Kelly Gary G.Fuchs Marguerite M.McCarron James R.Walston George T.Stephenson Elliott B.Knetsch *Also licensed in Wisconsin Suesan Lea Pace December 12, 1996 Mark McNeill, City Administrator HAND DELIVERED Shakopee City Hall 129 Holmes Street South Shakopee, MN 55379 Re: Proposal for Legal Services Dear Mark: Enclosed are two signed copies of a Contract for Legal Services between the City and our firm. Our proposed Contract provides for general day-to-day civil legal services for a monthly retainer fee of $4,500.00. We are extremely excited about the prospect of serving as Shakopee's City Attorney. We will provide quality work in a cost effective manner. Please call if you have any questions. Best regards, CAMPBELL, KNUTSON, SCOTT & FU HS, P.A. • Thomas M. Scott TMS:jlw Enclosures 45391 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SHAKOPEE AND CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. THIS AGREEMENT, effective , 19_, is by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation ("City") and CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A., a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall perform general civil municipal legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council and may be terminated without cause by resolution of the City Council. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. FEES. A. Billing Procedure: The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Invoices will show retainer fees and actual hours and costs which would have been charged had no retainer been in place. B. General Civil Legal Services - Retainer: The City will pay Attorney a retainer of $4,500 per month plus actual out of pocket costs as provided in subsection F below. Legal services included in the retainer are as follows: 45377 1. Preparation for and attendance at all City Council meetings and other City board, commission or committee meetings. 2. Drafting ordinances, resolutions, correspondence and other documents. 3. Advise City Council and staff on general legal matters. 4. Real estate development matters. 5. General employment and personnel matters. 6. Attendance at staff meetings as requested. 7. All civil legal services not specifically excluded. C. Non-retainer Legal Services: The following legal services are not covered by the retainer: 1. Litigation, including arbitration, administrative hearings, condemnation proceedings and special assessment appeals. 2. Annexation. 3. Legal services which are passed through to a developer or other third party, or are charged to a special fund. 4. Bond and Tax Increment Financing. 5. Indian Land Trust issues. 6. Special projects, such as major review and revisions to City Code or Zoning Ordinance, which require an extraordinary amount of attorney time. Any such project would be identified by agreement of the Attorney and City. D. General Civil Legal Services - Non-Retainer: For general legal services that are not covered by the retainer, the billing rate will be as follows: Partners $110.00 per hour; Associates $95.00 per hour; Law Clerks and Paralegals $50.00 per hour. E. Pass-through Legal Services: Attorney will bill the customary non- municipal hourly rate of the particular attorney doing the work, currently • ranging from $95.00 to $150.00 per hour, for legal services the cost of 45377 -2- which are passed through to a developer or other third party, or are charged to a special fund. F. Costs. Attorney will be reimbursed for the following out-of-pocket costs without mark-up: • Westlaw computerized legal research charges • recording fees • postage of 50C or more • photocopies at 20C per copy • long distance telephone calls • litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.). 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the City Administrator. C. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: Dated: V7 1 Z� CITY OF SHAKOPEE CAMPB L, KNUTSON, SCOTT & FUS k P.A. BY: Jeff Henderson, Mayor :y: �-- ' omas M. Scott AND: Vice President Mark McNeill City Administrator 45377 -3- 470 Pillsbury Center Kennedy 200 South Sixth Street J Minneapolis MN 55402 (612)337-9300 telephone &Graven (612)337-9310 fax e-mail:attys@kennedy-graven.com CHARTERED JAMES J. THOMSON Attorney at Law Direct Dial(612)337-9209 December 12, 1996 Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE: Proposal for Attorney Services/Monthly Fixed Retainer Dear Mark: In response to your December 10, 1996 letter, I have reviewed our billings since July. I have also checked with other cities that our firm represents and which use a retainer and with other cities that we do not represent which use a fixed retainer. In our proposal, we proposed a fixed' retainer of $5,000 per month. That amount is still my best estimate of the appropriate amount for a fixed retainer for the city. If we are selected as city attorney, we would agree to review that issue after six months and reduce it if it appears appropriate. As set forth in our proposal, the retainer covers all of the items referenced on page 2 of your December 10, 1996 letter. In addition, it would include such things as training for staff or city council on legal issues and legal advice related to labor relations. The only items that would not be included in the retainer would be litigation cases (including special assessment appeals and eminent domain cases), EDA/bond matters, matters that are billed directly to special projects or passed through to private parties, and any extraordinary matters requiring a significant amount of attorney time. (An entire re-codification of the city code would be an example of the last item and such items would be on a case-by-case basis and only upon prior approval by the city.) In summary, we would propose a monthly fixed retainer in the amount of $5,000. Thank you for allowing us to submit this additional information for the city council's consideration. Sincerely, Ja esomson JJT:jes JJT114813 SH155-13 GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & KELLER, P.A. Attorneys and Counselors at Law PAUL H.HAUGE 200 Town Centre Professional Bldg. MICHAEL J.MAYER VANCE B.GRANNIS,JR.` 1260 Yankee Doodle Road BARRY L.WITTENKELLER` KEVIN W.EIDE Eagan,Minnesota EDWARD C.TISCHLEDER DAVID G.KELLER 55121-2201 VIRGINIA A.DWYER WARD R.ANDERSON WILLIAM L.BERNARD MICHAEL J.DWYER* Tel: (612)456-9000 Facsimile: (612)454-4232 `Also admitted to practice in Wisconsin `Also admitted in Illinois December 11, 1996 Mr. Mark McNeill City Administrator 129 Holmes Street South Shakopee, MN 55379 RE: Retainer Proposal for City Attorney Dear Mr. McNeill: We have reviewed the billings supplied in regard to the last four and a half months by the existing City Attorney, as well as your letter of December 10, 1996. Based upon that information, it would appear that the "interim attorney work" charged by the present City Attorney would compare favorably with your description of the work that would be included under the monthly fixed retainer. If that is true, you have been paying an average of$5,100 per month, for what would be considered the monthly fixed retainer work, and just under $7,000 per month for all general city attorney work except the Land Trust and TIF work. Based on this information, we would propose a retainer of$4,000 per month for work described as retainer work in your letter of December 10, 1996. The work excluded from the retainer work would be billed at $115 per hour. "Pass through" work, such as work billed to developers, would be billed at our standard rates. Alternatively, we anticipate there may be some concern on the part of the Council that there may be a built in incentive for the City Attorney to not settle cases as rigorously as he might, so that it can be billed as non retainer work. If that is a concern, we would consider a retainer where we perform all services included under the general city attorney work, except actual trial time and court preparation. Mr. Mark McNeill December 11, 1996 Page Two We believe you and the City Council will see that, in either case, the savings to the City compared to having in-house counsel, staff, office and supplies is very significant. If I can answer any questions, please feel free to call me. Very truly yours, GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & KELLER, P.A. B : J A , / David G. Keller DGK/svk 12 . E. ` 5w CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Donation From VFW DATE : December 12, 1996 Introduction The VFW has contacted staff and desires to make a contribution to the City. Background The VFW desires to make a contribution of gambling proceeds to the City to be used for purchasing fire equipment . The procedure to accomplish this is for the City Clerk to complete a "Request for Gambling Proceeds" form and send it to the VFW. The 1997 budget then should be amended to increase the appropriation for Fire Department capital equipment . ,Action Move to authorize the City Clerk to execute a Request for Gambling Proceeds for the VFW and direct staff to prepare a 1997 budget amendment increasing the Fire Department capital equipment appropriation by $3, 700 . Gregg,‘n1) --eland Finace Director is\finance\docs\gregg\vfw 1 E , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Long Term Employee Retirement Benefit DATE: :December 13, 1996 INTRODUCTION: The Council is asked to consider a policy which will enact a supplemental retirement benefit for long term employees. BACKGROUND: Previously, the Council has discussed the concept of acknowledging the loyalty of long term employees (defined here to be 25 years or more) at the time of their retirements. The attached memo spells out previous discussions. There has been discussion over whether this should be included in labor contracts. This has been proposed,but it is not finalized as to whether these will be incorporated. Even if they are,there are two employees who need to make decisions now, and will not be able to wait until contracts are settled. Note one change is that employees would need to be the target age - 50 for Police; 55 for others - at the time of retirment,rather then December 31, 1996. After consulting with the City's labor attorney, it was suggested that this be outlined, at least temporarily, in a letter of understanding, such as that proposed to the police business agent (attached). RECOMMENDATION: Assuming the Council is in agreement with the concept of establishing a long term employee retirement benefit,the letter of understanding as attached is recommended. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the City Administrator to send the letter of understanding outlining the specifics contained therein. U4111-18 Mark McNeill City Administrator CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Long Term.Employee Retirement Benefit DATE: November 14, 1996 INTRODUCTION: The Council is asked to consider whether it wishes to provide a retirement package in excess of what is currently provided under City policy, to long term employees. BACKGROUND: Recently, two long term employees of the City (Don Bisek of the Police Department, and Harry Pass of Public Works)both inquired as to whether the City could assist in offsetting some of the costs of heath insurance after their contemplated retirements. Currently, monthly health insurance premiums run$302.92 for two party participants. The service tenure of Mr. Bisek and Mr. Pass are both 29 years. Each are contemplating retirement at the end of 1996. If there is a desire on the part of the City Council to acknowledge the loyalty of such long term employees, it may wish to review what was done for two employees who, in 1991, were offered an incentive for early retirement, in addition to their standard retirement benefits. At that time, a formula was approved which provided for a lump sum payment of 1%for each of the first 15 years of service,plus an additional .2% for each year thereafter, up to a maximum additional 3%. In other words, if an employee served for 30 years or more, he or she would receive a lump sum in the amount of 18%of one year's salary. PROPOSAL: If the Council wishes to consider this, it would need to be done in such a manner that anyone meeting those criteria would qualify(in addition to normal retirement benefits). Proposed eligibility would be as follows: 1. The employee has worked for the City of Shakopee for at least 25 years. 2. Employee is eligible for a full or reduced pension upon retirement. 3. Employee shall be at least 55 years old on or before December 31, 1996, unless the employee if a police officer, in which a minimum age shall be 50. DISCUSSION: For budgeting purposes, it would be ideal if the City would require employees anticipating retirement during a particular calendar year to advise the City by the proceeding September 1st, so that that could be built into the budget. However,that may not always be feasible. While the original contact by the two employees was to ask for assistance with insurance premiums, we would propose this as a lump sum payment to be utilized by the employee as they see fit. We will investigate the IRS feasibility of placing this into a City held account to make payments on behalf of the employee for the monthly insurance premiums as they come due. Consideration of this also generated discussion about other long term employees who have recently retired,but received no additional benefit. This proposal would be for those who have not yet retired. After discussion with the City Attorney, it is recommended that this be a benefit which may be rescinded at any time, should the City Council decide that it is not in the best interest of the City to continue to pay the supplemental retirement benefit. BUDGET IMPACT: Based on the 1996 salaries of the above individuals,the lump sum payments would be $8,060.90 for Mr. Bisek, and$6,725.76 for Mr. Pass. Neither of these payments are budgeted. Payments if approved would cause the City to overspend salary line items in the respective departments. At this time, we anticipate the General Fund Budget should be able to absorb these items. RECOMMENDATION: The adoption of this policy may or may not affect an employee's decision for an early retirement. However, it might be seen as a public benefit to recognize employees for long-term loyalty to the City of Shakopee. If that is the desire of the Council to recognize that.I recommend adoption of the attached resolution. There will also be necessary a modification to the Personnel Policy regarding retirement benefits. ACTION REQUIRED: If the Council wishes to adopt this as policy, it should take the following actions: 1. Approve the following: A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PAYMENT OF A SUPPLEMENTAL RETIREMENT BENEFIT FOR.LONG TERM EMPLOYEES. 2. Adopt a modification to the Personnel Handbook for Employees of the City of Shakopee. Mark McNeill City Administrator MM:tw cc: Gregg Voxland WILLA! SHAKOPEE December 12 ,1996 Mr. Lowell Lynch, Business Agent Teamsters Local 320 3001 University Ave. S.E. Minneapolis, MN 55414 Dear Lowell: After thinking further about the concept of amending the 1996 contract to accommodate the long term employee retirement benefit, a became concerned about amending an existing contract outside of normal bargaining process for a non-emergency situation. What I propose to do instead is to have the City Council approve me issuing the attached letter of understanding, so that Don Bisek and one other employee can get their retirement plans finalized. Whether this is going to be incorporated into a contract, I don't know. On another issue, we're in the process of surveying all City employees for health insurance plan preferences. The results will be known early Tuesday; I will need to talk with you shortly thereafter about those results. If you have a question,please contact me. Sincerely, LLS( lkwa_jai 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 SHAKOPEE December 12, 1996 Mr. Lowell.Lynch, Business Agent Teamsters Local.No. 320 3001 University Ave. S.E. Minneapolis, MN 55414 Dear Mr. Lynch: It is mutually agreed that the City of Shakopee will provide a retirement benefit for long term employees, for employees who retire on or after January 1, 1997, under the following conditions: 1. The employee has worked for the City of Shakopee for at least 25 years. 2. Employee is eligible for full or reduced pension upon retirement. 3. Police sworn personnel shall be a minimum age of 50 years old at the time of retirement. Lump sum to be determined based on the following: 1%for each of first 15 years of service,plus an additional .2% for each year thereafter, up to a maximum additional 3%. For example, if an employee served for 30 years or more, he or she would receive the maximum lump sum in the amount of 18%of 1 years salary. Sincerely, Mark McNeill City Administrator MM:tw CC: Tom Steininger, Police Chief COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 /a. WILLA! SHAKOPEE December 18, 1996 Mr. Larry McKenzie Mn Dept. of Transportation 2055 N. Lilac Lan.e Golden Valley, MN 55427 Dear Mr. McKenzie: Be advised that, at their separate regular meetings of December 17th, the Board of Jackson Township, and the City Council of the City of Shakopee, approved actions which request that the "Adams Street" exit designations on the newly opened U.S. 169 Bypass be changed to "Marystown Road/C.R 15.". This would be for both east and west bound traffic. Both bodies feel that the Marystown R.oad/C.R. 15 designation would be more widely recognized by travelers. Sincerely, Norbert Theis, Chair Jeff Henderson, Mayor Jackson Town Board City of Shakopee Rosalyn Menke, Clerk Mark McNeill, City Administrator COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Acceptance of Resignation-Harry Pass DATE: December 17, 1996 INTRODUCTION: Council is asked to accept the resignation of Harry Pass, Maintenance Foreman, effective January 2, 1997. BACKGROUND: Attached is a letter of resignation from Harry Pass indicating that he will be retiring from the Public Works Department. Harry began July 1, 1967 as a maintenance worker and has been Maintenance Foreman for the past twenty two years. Harry has served the City well over the years and will be truly missed for his knowledge of the City and his experience. Currently, staff is reviewing applications and setting up interviews for a replacement for Mr. Pass. RECOMMENDATION: We recommend that his resignation be accepted with regrets. ACTION REQUESTED: If the Council concurs, it should be by motion to accept the resignation, with regrets, of Harry Pass as Maintenance Foreman for the Public Works Department of the City of Shakopee effective January 2, 1996. C Bruce Loney Public Works Director BL/pmp PASS Dec. 5, 1996, To Whom it may concern: As of January 2, 1997 I, Harry Pass will be retiring from the Public Works Department of the City of Shakopee. Harry Pass • L CITY OF SHAKOPEE /3 , Memorandum TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Closed Session DATE: December 12 , 1996 We have issues to discuss relating to labor contract, and Indian`frust negotiations. As such, I will request that we adjourn to closed session for the purpose of discussing labor negotiation status, and pending litigation. (1/1 -0_ lAtW J Mark McNeill City Administrator MM:tw