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06/20/2000
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 20, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business—(All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: April 18 and May 2, 2000 *8] Approval of Bills in the Amount of$1,147,746.38 9] Public Hearings 10] Presentation of 1999 Auditor's Report 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting 13] Re-convene 14] Recommendations from Boards and Commissions A] Preliminary Plat of Orchard Park West 5th, lying west of Fuller Street and south of Vierling Drive—Res. No. 5377 B] Rezoning of Property Located south of 4th Avenue and west of Adams Street from Old Shakopee Residential (RIC) to Medium Density Residential (R2) —Ord. No. 569 TENTATIVE AGENDA June 20, 2000 Page 3 15] General Business A] Police and Fire B] Parks and Recreation C] Community Development 1. Kmart Conditional Use Permit 2. ADC Telecommunications/CRESA Partners request for Simultaneous Review of a Preliminary and Final Plat 3. Transit Tax Levy—Res. No. 5378 D] Public Works and Engineering 1. Accept Report for Trunk Watermain Extension from Southbridge Parkway to Stagecoach Road, 2000-5 —Res. No. 5376 *2. Purchase of Color Ink Jet Plotter E] Personnel *1. Hiring of Public Works Maintenance Worker F] General Administration: *1. Debt Service Transfer *2. 2001 Assessing Contract with Scott County *3. Resolution of Appreciation to Joseph Honermann—Res. No. 5374 *4. Resolution of Appreciation to Todd Brinkhaus—Res. No. 5375 *5. Applications for Wine and 3.2 Percent Malt Liquor Licenses—Perkins Restaurant *6. 2000/2001 3.2 Percent Malt Liquor License Renewals *7. 2000/2001 Wine License Renewals *8. 2000/2001 Intoxicating Liquor License Renewals *9. Squad Car Replacement 10. SPUC Property Sale 11. 2001 Tentative Budget Calendar 16] Council Concerns 17] Other Business 18] Adjourn to Tuesday, June 27, 2000, at 5:00 p.m. b. CITY OF SHAKOPEE Memorandum TO: City Council FROM: Mark McNeill, City Administrator SUBJECT: Mayor Absence DATE: June 13, 2000 A reminder that Mayor Brekke will be on vacation the week of June 19th,therefore will not be in attendance at the June 20th City Council meeting. In addition, as Jon Albinson's consultant had not completed requested mapping,the AUAR discussion will be deferred until the July 5th meeting. Mark McNeill City Administrator MM/jms • 0 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 18, 2000 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Morke, Amundson and Sweeney present. Councilmember Link was absent. Also present: R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Mark McNeill, City Administrator; Dan Hughes, Chief of Police; Lou Van Hout, Manager, Shakopee Public Utilities and Dave Thompson, President of Shakopee Public Utilities. The pledge of allegiance was recited. Morke/Sweeney moved to approve the agenda. Motion carried unanimously. The mayor's report this evening covered reports by Mr. Bruce Loney and Mr. Jon Albinson regarding the soil erosion and dust control in the Deans Lake area. Bruce Loney, Public Works Director, had conversations with Pat Lynch, DNR; Jay Michaels, MPCA; and Mr. Jon Albinson, developer regarding the above issue prior to this evenings meeting. According to the DNR and MPCA Mr. Jon Albinson did everything possible; this was just open sand. Mr. Loney talked with the MPCA coordinator who issues site permits to explain what we are doing to restore this site. The use of spring seeding is the best we can do. Mr. Loney introduced Jon Albinson, developer, who addressed the City Council and audience on the dust and soil erosion by the Deans Lake area when the winds were extremely strong this past week. Jon Albinson, of Valley Green Business Park, said he had been in contact with the DNR and Jay Michaels of the MPGA as to what the best management practice of erosion and dust control would be used in this area The problem was this area had not been able to be dormant seeded with a layer of top soil on top, it is just all sand now. They just got caught in the freeze up. He did try to contact the contractor to get a water truck out to this area but was unable to get a hold of the contractor and when he did reach him, he found out that the water truck was in use out of state. They did brainstorm to see what could be done so this situation would not happen again. They hope to be done with the contractor phase of this project by May 12, 2000. He did contact a nearby farmer, and he will plant a wheat crop in the Deans Lake area approximately April 20, 2000. They would be getting the spring planting done as soon as possible. The areas that were seeded are coming up real well. They intend to reseed all areas again just to make sure there is a good seeding. Mr. Albinson was thanked for his pro-active activity regarding this issue and for his actions taken during this period of high winds. Dave Czaja approached the podium and asked that two things be kept in mind regarding the Deans Lake area: 1. Last fall came quite late and the season was extended; he did question the Official Proceedings of the April 18, 2000 Shakopee City Council Page 2 best management decision and 2. in the AUAR for this area it was asked that the Indian Burial mounds be left intact. Mr. Leek responded to the Indian Burial mounds. He said the top soil and seeding would have no negative impact on the ability to do the AUAR on this site. Amundson/Morke moved to approve the Consent Agenda. Motion carried unanimously. MayorBrekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Amundson/Morke moved to approve the minutes of February 29, 2000 and March 16, 2000. (Motion carried under the Consent Agenda.) Amundson/Morke moved to approve the bills in the amount of$645,958.11. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of a portion of Scott Street and the alley between 1st and 2nd and between Scott Street and Apgar Street (Stemmer Property). Mr. Leek approached the podium and reported on the above mentioned vacation. At the March 21, 2000 City Council meeting a public hearing to initiate the vacation of a portion of alley and Scott Street was initiated. It appears the Stemmer Farm and Garden building was built on railroad right-of-way. Since this request was made, the City Staff and applicant have worked together to come up with an alternative for the Scott Street portion of the request. The applicant has agreed to withdraw his request for the vacation of Scott Street if the City would allow the building to remain in place until such a time that it is beyond 50% destroyed. For redevelopment it may make sense to vacate this property but once it is given up it is given away. For now the agreement with the applicant is probably the way to go. An agreement for this building to remain on the Scott Street right-of-way is being looked at by the City Attorney. The City Attorney has stated that the agreement is basically acceptable; he is working out the details with the applicant's representative. The Planning Commission at its March 9, 2000 meeting recommended vacation of the alley portion along with an additional condition that the City Attorney approve the agreement for the encroachment of Scott Street. The alley vacation is for a portion of the alley. The alley where the vacation is proposed is the alley part adjacent to the three easterly lots. That portion of the alley is being used informally but is not improved. Mr. Bryce Huemoeller, Attorney, representing Mr. Bill Stemmer, approached the podium and addressed the City Council. He said the Stemmer Farm and Garden building runs to the south lot line; there is no room to place an alley on this line. The portion of the alley in question is not used now. The standard vacation can be done by the City Council if it is in the best interest of the public to do so. The railroad allowed this building to be expanded and this is when the Official Proceedings of the April 18, 2000 Shakopee City Council Page 3 encroachments happened. If this vacation is not allowed there would be a significant impact on the value of the Stemmer land. This alley in question runs down the center of the building. When the building is gone the north part of the alley would be usable but the area of land south of the alley would be unusable It would be to the City's benefit to vacate this alley so the land could be developed as a whole. The applicant is agreeable to the agreement for Scott Street but the vacation of the alley is in the best interest of all. The Stemmer family is trying to sell this piece of land with the building and this part of the title needs to be cleared up. He would like to deal with the vacation of the alley that runs down the center of the Stemmer building and then correct some title defects and establish a record and easement out to 2nd Ave. and an easement for maintenance to maintain this building. Mayor Brekke asked for comments from the audience. Peggy Dirks, who has property in this area approached the podium and addressed the City Council on the alley vacation. The part of the alley to Apgar was needed for their buildings. The vacation would be to the property line on the east side of the Stemmer building. There is an easement extending north from the alley and she was wondering if the easement was public or private. She was interested in knowing if the vacation of the alley would block access to the easement? It was determined that this vacation would need to be worked out because as the vacation reads now it would block the access to the easement. According to Mr. Bruce Loney there are three properties at Apgar and 1st Ave that do not have sewer. There is also undeveloped property to the north. Mr. Loney thought the sewer line will probably be brought up from the River District Sewer Line, not through the alley. Bob Nagel, Bob's Landscaping, approached the podium and addressed the City Council on the alley vacation. He had the same concerns as Ms. Dirks. He said his business really needed access through the easement to the north so please make sure that the easement did not get cut-off by vacating the alley. Mayor Brekke closed the public hearing and he asked staff if they needed additional time to research where the cutoff on the westerly vacation of the alley would be. Mr. Leek said yes staff would appreciate more time to deal with the vacation but also he would appreciate a response from the applicant regarding the adjusting of the vacation eastward to accommodate access to this easement. Mr. Huemoeller said the applicant prefers to keep the vacation as stated in the application. Mayor Brekke asked the City Attorney if there could be an agreement for this portion of the alleyway similar to the agreement for Scott Street. Official Proceedings of the April 18, 2000 Shakopee City Council Page 4 Jim Thomson, City Attorney, stated that this was a different issue. Yes, legally we can do an agreement but he was uncertain if an agreement like the Scott Street agreement would accomplish the purposes that the applicant intended. Without the alley, this piece of property was not large enough and would lose extreme appraisal value. Morke/Amundson moved to table the vacation of the alley between 1st and 2nd and between Scott Street and Apgar Street until the status of the alley along with the status of the easement to the north could be researched. Motion carried unanimously. A recess was taken at 7:40 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:42 p.m. Mr. Morke asked if approving the plat of Boldt Acres would allow further expansion in the area south of Timber Trails and west of Marschall Road. Community Development Director, R. Michael Leek commented from a planning perspective that he felt this approval would not open the door for further expansion in this area. Morke/Amundson offered Resolution No. 5347, A Resolution of the City of Shakopee, Minnesota Approving The Final Plat of Boldt Acres subject to conditions, and moved its adoption. Motion carried unanimously. Amundson/Morke moved to declare the items listed in the memo dated March 24, 2000, from Erin Lundy, CSO, to Mark McNeill, the City Administrator, as surplus property and to authorize the appropriate staff to dispose of these items appropriately. (Motion carried under the Consent Agenda.) (CC Doc. #290) Amundson/Morke moved to authorize the appropriate officials to enter into an agreement with David Choate Darrell, Inc. for the provision of design services for the Hiawatha park shelter at a cost of$1,500. (Motion carried under the consent Agenda.) Amundson/Morke offered Resolution No. 5348, A Resolution Relating to Parking Restriction on County State Aid Highway 17, (Marschall Road) Project No. 1999-7, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Morke offered Resolution No. 5349, A Resolution Establishing Municipal State Aid Streets, and moved it s adoption. (Motion carried under the Consent Agenda.) Mr. Bruce Loney reported on the Scott County Parking Committee's final recommendation. Previously a committee was formed consisting of County staff, City staff, School District staff and nearby residents to look at the parking around the Government. The previous action of City Official Proceedings of the April 18, 2000 Shakopee City Council Page 5 Council was to accept the recommendation of the Committee that the county parking facilities be used as much as possible; and, Council directed that this be monitored. This has been reviewed again by the Committee and determined that there is not cooperation from 10% - 15% of employees. Therefore the key recommendation of the Committee is to initiate two hour parking restrictions on 4th Avenue, from Atwood Street to Lewis Street on both sides of the street; Fuller Street, from 3rd Ave. to 6th Ave. two hour parking on both sides; Holmes Street, from 3rd Avenue to 6th Ave. 2 hour parking on both sides; and 5th Ave, from Atwood Street to Lewis Street two hour parking on both sides. The parking signs would say 2 hr. parking or local residential parking only from 8:00 a.m. to 4:30 p.m. Mon. thru Fri. The signs would cost in the neighborhood of $1200 to $1300. These restrictions are an attempt to encourage parking in the county lot as opposed to parking on the City streets. There are a few issues still to be resolved. These issues involve parking for the Ballard Funeral Home, other nearby businesses and nearby residents. A 4 way stop sign warrant study is requested at the intersection of 4th Avenue and Atwood Street. In conclusion, Mr. Loney is requesting parking signs, a crosswalk, choker nodes on Atwood Street and he will come back to the City Council after the stop sign warrant study has been done with a recommendation from that study. Mr. Mark Mc Neill, City Administrator is concerned about this enforcement issue. He feels the City needs a longer range plan for the parking on the west side of the Government Center. The county would like a crosswalk painted in the center of Atwood Street connecting the county parking lot and the Justice Center. The County will pay for this crosswalk. There was discussion on a concrete physical barrier (nodes)to be constructed on Atwood Street by the Justice Center. It was thought because Atwood Street is also used as a collector street to get to First Avenue, this type of physical barrier would further choke the downtown traffic Mayor Brekke expressed that he did not support the idea of the physical barrier but he did support the crosswalk idea. Gary Sheldon of Scott County approached the podium and addressed the City Council regarding the parallel chokers mid-block on Atwood Street by the Justice Center. This was a visibility issue to the county. The nodes would prevent parking in the spaces by the crosswalk so pedestrians crossing on a street with parking could be seen better. They wanted it so the employees would not have to cross between parked cars. The intent is to have no Government Center employees parking on residential streets. There was consensus from the City Council to stripe the mid-block crosswalk and paint some area of the curb yellow for sightlines to allow the pedestrians to cross Atwood Street safely and to allow some parking on Atwood Street adjacent to the Justice Center. This is a start and can be revisited if necessary. Official Proceedings of the April 18, 2000 Shakopee City Council Page 6 Amundson/Morke moved to approve the two hour parking from 8:00 A.M. to 4:30 P.M., Monday through Friday or residential parking on the following streets: • 4th Avenue, from Atwood Street to Lewis Street • Fuller Street, from 3`d Ave. to 6th Ave. • Holmes Street, from 3`d Avenue to 6th • 5th Ave, from Atwood Street to Lewis Street Motion carried unanimously. The local residents will need education on the signs. Amundson/Sweeney moved to direct the City to consider a 4-way stop sign traffic warrant study at the intersection of 4"' Avenue and Atwood Street and 4th Ave. and Fuller Street due to the high traffic turning movements and pedestrian traffic thoughout the day in this area. Sweeney/Morke amended the motion to include a 4 way stop sign traffic warrant study at the intersection of 5th Avenue and Holmes Street. Motion carried unanimously. Staff can come back to the Council with a parking sticker recommendation or whatever type of policing is required. The main motion carried unanimously. Mr. Bruce Loney was given authorization to paint the crosswalk and the yellow stripping as he felt was needed. Sweeney/Amundson moved to direct staff to paint a crosswalk and some yellow painting on the curb of Atwood Street to aid in pedestrian street crossing by the Government Center, as determined by Mr. Loney. Motion carried unanimously. Mayor Brekke thanked Mr. Sheldon, Mr. Loney and members of the Scott County Parking Committee for all of their work on this issue. Amundson/Morke offered Resolution No. 5350, a Resolution Approving Plans and Specifications and Ordering Advertisement For Bids For 2000 Sidewalk, Trail and Parking Lot Improvements Project No's 2000-2 And 2000-3, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Morke moved to approve a pawnshop license for Frank's Pawn, Inc., dba/Shakopee Pawn at 1147 Canterbury Road, Shakopee, Minnesota. (Motion carried under the Consent Agenda.) Mark McNeill reported on a discussion with the Shakopee School District on the pedestrian and Official Proceedings of the April 18, 2000 Shakopee City Council Page 7 vehicular traffic on Marschall Road by the Junior High School. The most feasible recommendation arrived at in this meeting was the recommendation of a signalized crosswalk. There will be a signalized crosswalk in place by the Junior High and operational for the 2000- 2001 school year. This signal will cost approximately $80,000 to $100,000. The cost of the signal will be divided three ways. The county will pay '/, the School District will pay 1/4, and the City of Shakopee will pay 1/4. The funding for this signal will come from the CIF or the general fund. The funding determination need not be made until the final costs are available. This evening we are looking for a motion authorizing the City to participate in the funding of this signalized crosswalk adjacent to the Junior High. At this time the School District has agreed to have an adult staff member monitor morning and evening crossing at the Junior High. The police will continue to monitor this situation. Morke/Amundson moved to authorize the City to pay for 1/4 of the signalized crosswalk on Marschall Road by the Junior High with the funding to come from the CIF or the general fund balances. Using this crosswalk appropriately will be an education process. According to the Junior High Principal, the appropriate way to use the signalized crosswalk and the appropriate way to drop attending students off at the Junior High will be in the students handbook which they receive from the school in early fall. It will be more difficult to educate the parents and motorists. There was slight dialogue on pedestrians being in the crosswalk when the light changes. The City Attorney was asked if the City can be more restrictive than the State Law. Mr. Thomson said he would look into the matter of the City being more restrictive. Motion carried unanimously. Mayor Brekke asked if retractable arms or lights that are over the traffic lanes were a possibility for the signalized crosswalk signal. Mr. Loney will check into options. Amundson/Sweeney moved to direct staff to look into whether there is a need for a signalized crosswalk by Sunpath Elementary on 17th Avenue. Motion carried unanimously. Mr. Lou Van Hout, Manager, Shakopee Public Utilities, approached the podium and reported to the City Council on the water supply and water demand expected in the City over the next few years. Mr. Van Hout asked Ken Adolf, from Schoell and Madson, to present the water supply analysis from Schoell and Madson showing the water usage based on population projections. Schoell and Madson in their analysis took the use of private wells into consideration. However, the growth of Shakopee has been more than projected. In the summer of 1999 the Utilities Commission implemented sprinkling conditions to reduce the water usage during peak times and for a water conservation method mandated by the Health Department. The report says there is Official Proceedings of the April 18, 2000 Shakopee City Council Page 8 adequate water for the year 2000, but in the year 2001 and 2002 the water demand will increase to a point where new wells are needed. In 2001 it is anticipated that well# 11 will be added and in the year 2002 it is anticipated that well#12 will be added. Well# 11 will be located by the hospital and is ready to go through the process required by the DNR for preliminary approval. The site for well# 12 has not been determined as of this date. Well# 10 is not complete yet. It still has not received approval for use from the DNR. This well was intended to be in the Mt Simon aquifer. This is presenting the problem. This aquifer is protected. Wells Nos. 11 & 12 are important to the future of the City of Shakopee. It is thought that it will not be a problem to get wells 11 & 12 approved after they have been sunk;they are proposed to be in the Jordan aquifer. =3. Mark McNeill, City Administrator, asked that the water storage be addressed. He wondered if this would impact the wells and the water storage that is provided now. Mr. Adolf explained that having to provide water over a sustained period of high water usage would deplete the stored water and then all the City would have is the pumping from the wells. The purpose of the stored water is so it can be used if needed during peak day use and then be replenished from the pumping in the evening hours. If all the pumping is going for daily use then the stored water cannot be replenished. Mayor Brekke thanked Lou Van Hout,Manager of Shakopee Public Utilities, for the information he provided. This is the type information that the City Council needed to see and hear. Mayor Brekke said the watering restrictions needed to be clarified with the residents. Mr. Van Hout said there are some pressing issues involved. The placement of the wells is important and we need to keep pace with the development. On the planning side, we need a more precise way of determining future water needs when a plat comes in. We have enough water for the plats that will be finished in the year 2000, but after that he could not say that there would be enough water in the year 2001. The water may be there; the answer is dependent on which items come on line. We can't just go sink wells, we need to show the DNR and the Health Dept. need for an additional well. Mayor Brekke wanted a declaration of some kind from Shakopee Public Utilities on water supply for proposed plats so a decision could be made on these plats when they are brought before the City Council. Mr. Van Hout said the language of the declaration is being worked on. Mayor Brekke also wanted to know if the Utilities Commission would do their best to get well# 11 online by the peak of 2001. Mr. Van Hout said that they have applied to the DNR for preliminary approval and are looking at having well#11 on line in 2001. Mr. Morke felt perhaps an alternative source of water should be looked at. A feasibility study needs to be done to identify additional sources of water and hurdles to acquire this water. Mr. Van Hout said that they are working on an R.F.P. to do a study and learn the hurdles. Official Proceedings of the April 18, 2000 Shakopee City Council Page 9 Sweeney/Morke offered Resolution No. 5342, A Resolution Accepting Bids For Vierling Drive, From County State Aid Highway 17 To Miller Street, Project No. 1999-5; And County State Aid Highway 17, From Truck Highway to 169 To St. Francis Avenue, Project No. 1999-7, and moved its adoption. Motion carried unanimously. A letter was received from Continental Properties regarding the above issue. It was received and filed. (CC Doc. #291) Sweeney/Amundson moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on the 1999-5 and 1999-7 projects for the City of Shakopee. Motion carried unanimously. Amundson/Sweeney moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1999-5 and 1999-7 projects. Motion carried unanimously. Amundson/Sweeney moved to authorize the appropriate City Officials to enter into a Cooperative Agreement with Scott County for the CSAH 17 improvement project, 1999-7. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 5352, A Resolution Amending Resolution No., 5278, Which Adopted the 2000 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and moved its adoption. The resolution adds the position of Ice Arena Maintenance Operator. Cncl. Sweeney felt a financial report was needed to see where/if the City has a surplus. Right now this ice arena maintenance operator is funded out of a surplus, but next year it will be a budget item. He asked for a report from Finance on the City's budget surplus. Motion carried unanimously. Mark McNeill suggested a meeting date of May 15, 2000, at 5:00 p.m. for the joint workshop meeting with Murphy's Landing Board of Directors and with commissioners from Shakopee Public Utilities. Some items for the workshop agenda would include a water discussion with SPUC, discussion with Murphy's Landing Board of Directors regarding the Outdoor Heritage Center, budget issues, and land acquisition. Council members agreed with the date. Sweeney/Amundson moved to give preliminary approval to the Derby Days Committee for the use of the City-owned parking lot between Lewis and Holmes Streets, south of Second Avenue, for the use as a carnival site, with the understanding that formal requests, including insurance and operation provisions, will be forthcoming in July. Official Proceedings of the April 18, 2000 Shakopee City Council Page 10 The Council had great concerns about parking for the businesses during Derby Days. Mr. Dave Thompson reported that he had talked with Pablo's and they made some concessions and they are looking at various other areas for parking for Pablo's. The Derby Days committee and Pablo's would like to make this work. This is a City festival and this festival enhances the downtown area. Sweeney/Morke moved to table the request to use the City parking lot between Lewis and Holmes Streets, south of Second Avenue for a carnival site during Derby Days until more information is available. Motion carried unanimously. Mr. McNeill reported that the concessions agreements for the town baseball teams were in their form. The City is not requiring insurance requirements because there is coverage under the Minnesota Cities Insurance Trust. From the Shakopee Coyotes baseball team the City of Shakopee will receive 15% of the profit from food items. This money will go in the Park Reserve Fund. It was felt perhaps the beer sales should not be a source of revenue for the City. Sweeney/Amundson moved to direct the appropriate officials to execute the individual agreements for operation of the concession stands at the Joe Schleper Baseball Stadium with the Shakopee Indians, and the Shakopee Coyotes baseball teams, beer sales not included. The City Attorney said both teams are considered independents. He would like additional language added stating that the teams will comply with all applicable rules and regulations pertaining to the Dept. of Health. Morke/Sweeney moved to direct the appropriate officials to execute the individual agreements for operation of the concession stands with the Shakopee Indians, and the Shakopee Coyotes baseball teams with the additional language suggested by the City Attorney added stating that the teams will comply with all applicable rules and regulations pertaining to the Dept. of Health for sales of food. Motion carried unanimously. The main motion carried unanimously. Amundson/Morke offered Resolution No. 5351, A Resolution Adopting An E-Mail Use Policy, And An Updated Internet Use Policy For The City of Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to adjourn. Motion carried unanimously. The meet'ng a adjourned at 9:35 p.m. d Oith S. ox Carole Hedlund ty Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 2000 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Morke, Link, Amundson and Sweeney present. Also present: R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Mark McNeill, City Administrator; Dan Hughes, Chief of Police; Mark McQuillan, Natural Resources Director. The pledge of allegiance was recited. The following item was added to the agenda. 15.C.2 Purchase of a Boyer Sterling Truck for the use of the public Works Department and 16. A County Road 17 Landscaping/Noise Abatement. Link/Morke moved to approve the agenda as modified. Motion carried unanimously. The Mayors report for this evening consisted of a special presentation to Ms Darlene Menke for her lifesaving skills on a golf course while in Scottsdale, Arizona Ms. Menke performed CPR on an elderly gentleman who had suffered a heart attack and continued CPR until paramedics arrived, her actions are attributed to saving this man's life. The Mayor presented Ms. Darlene Menke with a certificate of Appreciation/Life Saving Award from the Scottsdale Police Department, signed by the Police Chief of Scottsdale's police force, Scottsdale, Arizona and he also presented to Ms. Darlene Menke a Resolution of Appreciation, Resolution No. 5356. This Resolution was read by the Mayor and given to Ms Menke from the City of Shakopee, Minnesota. Link/Amundson offered Resolution No. 5356, A Resolution of Appreciation to Darlene Menke, and moved its adoption. Motion carried unanimously. The following item was removed from the Consent Agenda. 15.B.4. The initiation of Vacation for 5th Avenue between Jefferson Street and Adams Street - Resolution No. 5355. Amundson/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Amundson/Link moved to approve the minutes of March 21, 2000. (Motion carried under the Consent Agenda.) Amundson/Link moved to approve the bills in the amount of$294,926.73. (Motion carried under the Consent Agenda.) Official Proceedings of the May 2, 2000 Shakopee City Council Page 2 Mayor Brekke opened the public hearing on the currency exchange license application for Checks Cashed of America, LLC. Ms. Judy Cox, City Clerk, gave a report on the currency exchange license application for Checks Cashed of America located at 1116 Vierling Drive East, Shakopee, Minnesota. This license will ultimately be issued by the State of Minnesota. After a published notice and a public hearing the City has the right to approve or deny the issuance of a license. The applicants have supplied the State with the required $10,000 Currency Exchange Surety Bond. The Shakopee Police Department could see no reason why this application for a currency exchange license should not be granted to Sherri Marzario and Mark Smith, the applicants. Ms. Marzario and Mr. Frank Marzario previously held a currency exchange license at 1147 Canterbury Road. Mayor Brekke asked if there were any comments from those in the audience. There was no response. The applicants were present to answer any questions. Mayor Brekke declared the public hearing closed. Morke/Link offered Resolution No. 5354, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Checks Cashed of America, LLC dba/Money Xchange for a Currency Exchange License At 1116 Vierling Drive East, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on property tax abatement to ADC Telecommunications for property located east of the intersection of Valley Industrial Boulevard North and Valley Park Drive. Mr. Mark McNeill, City Administrator, approached the podium to report on the ADC tax abatement and business subsidy ADC is requesting. The tax abatement issue along with the Business Subsidy asked for a three year tax increment assistance. However, instead of the tax increment assistance the City and County decided a tax abatement for 6 years (year 2003 - year 2008) would be the best way to go. The tax abatement requires far less paperwork and reporting. ADC is a global corporation. Staff has worked with ADC officials for several months regarding ADC's proposed business subsidy for a new building and tax abatement for this new building. The new building will be located on a 106 acre parcel and will be a 490,000 square foot building, which will house office space, manufacturing, engineering product test facilities and building amenities to name a few. ADC hopes to employ 1,000 workers when they are fully operational. The average salary at this facility will be between $16.00 and $17.00 per hour. Reliant Energy, NSP, and the Department of Economic Development have offered various forms of assistance for this project, primarily through training programs and reduced utility costs. Two years ago ADC's facility in Shakopee became operational and that facility has been very successful. This building is 380,000 square feet and a second facility in Shakopee is now needed. Official Proceedings of the May 2, 2000 Shakopee City Council Page 3 On March 21, 2000 Mark McNeill appeared before the City Council and requested that a public hearing for the tax abatement for ADC be heard on this date. Because the Business Subsidy is over $100,000 it also needs to be included in this public hearing. ADC appeared before the County Board and the City Council in April and a public hearing was called by both jurisdictions for May 2, 2000. The tax abatement would be over a six year period. Only the property taxes on the value of the improvements would be abated, the existing property taxes collected on the value of the land would not be abated. The total of the abatement between ADC and the City of Shakopee and Scott County would be $2,010,000 over the six years. The City's share of this tax abatement would be up to $120,000 annually and the County's share would be $215,000 annually. A drawback to this abatement is that it takes twice as long for the building to be on the tax roles because the school district is not involved and the City would use up 64% of the monies that the City could use for annual outlays for economic development incentives for several years. The City feels with these disadvantages, the tax abatement for ADC Telecommunications is still worthwhile. Many additional taxes will be realized with the jobs resulting from this quality business. It is expected that the County will open the public hearing for the ADC tax abatement on May 2nd and then continue it until May 23rd Roger Christensen, of Cresa Partners, representative for ADC approached the podium. Roger Christensen works with ADC on site. He reported that ADC has had much aggressive growth and they are a quality international company. They are proposing to build a 490,000 square foot building on a 106 acres site. Among other opportunities in this building would be manufacturing, assembly, research, processing, engineering, office and lab, and all would have a variety of skill levels. This building was designed by the firm that designed the first ADC building here in Shakopee. ADC has an excellent record of retaining their employees for a long time. The average wage would be $16.00 to $17.00 per hour and the minimum wage for entry level employees would be $12.64 per hour. It is hoped to start this building in August or September of this year and to be done in the fall of 2001. ADC said they wanted to be partners with the City and County because they needed to continue to grow so they could provide livable wages and continue to be a quality global company. When this proposed building is completed they hope to have a development value of $25,000,000. Scott Reinke of ADC, director of global facilities approached the podium and presented. He said ADC has been in business for 65 years and is continuing to grow. This new building will be a unique mix of copper, fiber, and wireless division of ADC. ADC has 15,500 employees at the present time. The broadband connectivity group, which will be housed in the "new building" had a record quarter. They have global presence in five foreign countries. Their first building in Shakopee is a world class plant and has 850 employees. It is really the heart of ADC's business. It has a workforce which is highly innovative, risk taking and entreprenual within a corporate environment. It was reported also that ADC does professional and personal development each year for its employees. ADC feels this new building would be a unique opportunity for Shakopee to have a facility with fabrication engineering, designing, and assembly all in one place. There will be some relocation from their building in Minnetonka, but the incentives are based on the new jobs created. Official Proceedings of the May 2, 2000 Shakopee City Council Page 4 Mayor Brekke asked if there were any comments from those in the audience. There was no response. Mayor Brekke declared the public hearing closed. Amundson/Sweeney offered Resolution No. 5357, A Resolution Approving the Property Tax Abatement For ADC Telecommunications Project and Authorizing Execution of Abatement Agreement By and Between Scott County, The City of Shakopee, and ADC Telecommunications, Inc., and moved its adoption. Motion carried unanimously. Mayor Brekke allowed a non-agenda item from a resident of Shakopee. Elmer Otto, 1057 Eastview Circle, approached the podium and addressed the City Council on the traffic situation by the Crossroads Retail Center on Vierling Drive. He was concerned about the speed in this area and the behavior of some of the drivers. He also expressed concern regarding the speed on Dakota at Eastview Circle and visability problems at Dakota and Seventh. Mr. McNeill stated he and the Police Chief will speak with the district sergeant regarding these traffic problems. Mr. McNeill and the Police Chief will follow-up on this matter and report back to Mr. Otto. Cncl. Sweeney gave a report on Shakopee Public Utilities. He reported that the Commission revisited the sprinkling restrictions. Shakopee has an odd-even sprinkling system in place. That is precisely what it is; lawn sprinkling. This is to be adhered to at all times with the exception of newly seeded or newly sodded landscaping. The intent of these restrictions is to maintain the current water supply. This is in effect the least restrictive method available. The police chief said the CSO will monitor this situation and respond to complaints. Cncl. Morke reported on the Chamber meeting. Mr. McNeill also attended and gave an update on the franchise fee agreement. Cncl. Sweeney reported also that the County Board met earlier in the day and did in fact open the public hearing on the ADC Tax Abatement and did continue it until the May 23'd meeting because of a newspaper circulation question. Their was no Economic Development Authority meeting this evening. Mark McQuillan, Natural Resources Director, approached the podium and reported on the two change orders requested for the Joe Schleper baseball stadium. The first change order dealt with the "sway" in the roof of the grandstand. A structural engineer recommended that a steel crossbeam be installed across the front for structural stability. This was done by the current contractor, Greystone Construction, in an effort to keep the project on schedule. Greystone Official Proceedings of the May 2, 2000 Shakopee City Council Page 5 Construction said if the bid came in under $2,000 they would pay the costs. The bid came in at $13,034. This structural engineer from Duffy Engineering and Associates, Inc. said the roof had been improperly designed. The structural engineer who originally designed the roof at Joe Schepler Stadium passed away shortly after designing the roof and now it would be difficult to go back to him for damages. His engineering firm was a one man operation. The "sway" was not critical but the beam was put in as a precautionary measure. A second engineering firm gave a second opinion. There was slight discussion on the insurance or lack thereof covering the architect. Link/Sweeney moved to direct staff to look at options and report back to the City Council after they have researched what the architects responsibility is, if there is insurance, and what legal options the City has regarding the roof and crossbeam for the Joe Schepler baseball stadium. Motion carried unanimously. Sweeney/Amundson moved to pay the bill of$16,034, with the funding to come from the Park Reserve Fund and to approve change order No. 2, the order requesting that the steel crossbeam be installed between the two front columns for the Joe Schleper baseball stadium. Motion carried unanimously. Any money recovered from change order# 2 will simply reinburse the City for the bills they authorized to be paid. Change order# 3 is requesting that a bottom soffit now be added to the roof on the Joe Schepler baseball stadium. This item was originally left out of the bid as a cost saving method but has now become necessary. Sweeney/Amundson moved to approve change order# 3, the change order dealing with the bottom soffit of the roof on the Joe Schepler baseball stadium in the amount of$5,000 with the funding to come from the Park Reserve Funds. This bottom soffit will be put on the Joe Schepler baseball stadium this fall. Motion carried unanimously. R. Michael Leek reported on the independent sewage treatment systems (ISTS) management in the City. In October of 1999, staff was given direction by the Council to turn the management of the ISTS over to the county. Then in November of 1999 the Council changed its mind and directed staff to look into managing the ISTS themselves. The direction was changed in part at this time because it was felt that a point of sale inspection of ISTS's was needed. This issue needs to be resolved with the Metropolitan Council because the City's current comprehensive plan draft submitted to them will not be declared complete until there is a management plan in place to take Official Proceedings of the May 2, 2000 Shakopee City Council Page 6 care of the ISTS's. The key is whether or not the management program requires City inspection or inspection by an independent professional and then reported to the City. Scott County's program is passive in that it requires the homeowners to hire an inspection done; then it is reported to the City. As Mr. Michael Leek saw it the City had three options. 1) The City could institute a management program requiring regular inspection, 2) The City could institute a management program and require regular inspection and require point of sale inspection by staff or an independent contractor, 3) The management of ISTS new and existing could be turned over to Scott County. The first two alternatives would be a passive approach to the program because the homeowners would be required to hire independent contractors and then report to the City. Mr. Leek wanted it reaffirmed which way the Council wanted to go on the inspections. With the independent contractors hired by the homeowner there is a slight risk to the City; the City Attorney said the City does have the obligation to warn the homeowner when a dangerous situation is apparent. There is an additional risk if the City performs the inspection as there are risks with any inspection program. If the ISTS was contracted out to Scott County the only cost the City would sustain besides the contract cost would be the recordkeeping and reporting costs. If the City manages the ISTS's there will be additional cost and time involved for the City. According to Mr. Leek, if a point of sale inspection and disclosure where done and the ISTS was found to need repair, the repair agreement would best be kept between the buyer and seller. Mr. Leek said the option that he preferred and was comfortable with was the option to turn the ISTS management over to Scott County. They have the system in place to do this. This would be the best way to start this program. Ms. Jane DuBois submitted a letter to the City in support of City inspections for regular inspections and point of sale inspections. Morke/Sweeney moved to approve the appropriate staff members to negotiate an agreement with Scott County for the turnover of ISTS management. Mr. Link felt the City should do these inspections themselves. If the County does these inspections, then the builders are at the mercy of the County. Mr. McNeill said having the County do these inspections is not the ideal way to have the inspections done but because of the costs involved this was perhaps the way to go now. Perhaps they could work with the County to improve the County's program. Motion carried 4 - 1 with Cncl. Link dissenting. Amundson/Link moved to approve the authorization to publicize the notice in the May 15, 2000 issue of the "EQB Monitor" and the distribution of the EAW for ADC for review and comment only with the comment deadline of June 14, 2000. (Motion carried under the Consent Agenda.) Official Proceedings of the May 2, 2000 Shakopee City Council Page 7 Amundson/Link moved to authorize publication of notice in the May 15, 2000 issue of the "EQB Monitor" and distribution of the draft AUAR for Shakopee Crossings for review and comment only with this comment deadline to be June 14, 2000. (Motion carried under the Consent Agenda.) The City Attorney commented on the initiation of the vacation of 5th Avenue between Jefferson Street and Adams Street. The petitioner for this vacation has been unable to get the consent of all the property owners affected. When the City has the public hearing on this vacation issue, perhaps this information may be considered. Sweeney/Link moved to table initiating the vacation of 5th Avenue between Jefferson Street and Adams Street until consent from all properties involved is obtained. Motion carried unanimously. Amundson/Link offered Resolution No. 5358, A Resolution Setting the Public Hearing to Consider the Vacation of a Portion of Right-of-Way for Harrison Street, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Link moved to direct staff to make the traffic parking sign change on Atwood Street as follows: Install a 2-hour parking from 8:00 A.M. to 4:30 P.M. sign on an existing street light for one parking stall in front of Olympic Pools. (Motion carried under theConsent Agenda.) Bruce Loney addressed the Council on the proposed purchase of a five ton single axle cab and chassis dump truck for the Public Works Department. This purchase will be for the year of 2001 utilizing the State Bid practice. It is possible to purchase this dump truck at 1999 prices. It is on the public works truck schedule to replace a truck in the 2001 year. The wait for these trucks is extremely long and this truck will not be received until the year 2001. Therefore the expenditure will need to come from the 2001 budget. Action needs to taken on this issue this evening; the request needs to be in by May 15, 2000 to utilize the State Bid. There was a question regarding what a Boyer Sterling Truck was. Mr. Loney went to find out this information. Mayor Brekke went on to the next item but said he would return to this item when the information was found out. Amundson/Link moved to declare the 1988 Buick Skylark acquired through forfeiture and later vandalized as surplus property of the Police Department and to authorize staff to dispose of properly. (Motion carried under the Consent Agenda.) Dan Hughes, Police Chief, approached the podium and reported to the Council on Community Oriented Policing Services (COPS) and the Universal Hiring Program (UHP). He was asking for additional officers from his original request. He has talked with the school district and is requesting one officer at the Shakopee High School and one officer at the Shakopee Junior High. The School District has offered to pay 1/3 of their expenses when the officer is assigned to be in the school. The COPS grant was applied for in July of 1999. Chief Hughes learned on April 20, Official Proceedings of the May 2, 2000 Shakopee City Council Page 8 2000 that the City did not receive the COPS grant. This grant and two officers were included in the 2000 Police Department Budget. There is another funding opportunity available. It is the Universal Hiring Program. This funding is for three years but the deadline for application is the end of May. The School District has been approached on this opportunity. They are still interested in a partnership with the City to put officers in the schools. With the growth the Shakopee community is experiencing, more police are needed. By the year 2001 the police department is hoping to have five more officers plus the two officers for each of the schools mentioned. Chief, Dan Hughes recommended that application for a two additional police offers be made again through the COPS and Schools grant. This deadline is very soon. He also recommended that five additional police officers be requested under the UHP grant. It was questioned who pays the salaries after the COPS UHP grant is no longer available. This would become a Police Department expense. Mayor Brekke asked what the goal of the City was regarding the ratio of residents per police officer. Most Cities have somewhere around 1.5 police officers per 1000 residents ratio. Right now that is not happening. Morke/Amundson moved to authorize the Police Department to make application for funding of two police officer positions by a COPS Office Universal Hiring Program grants. Mayor Brekke said the City needed to make this policing commitment central to their mission. There was dialogue on the salary issue after the three years are up with the COPS and UHP grants. Mayor Brekke said with the policing issue we need to keep up with the population growth. Dan Hughes said if the City should receive the grant, he will bring this issue back before the City Council. Just because the City applies for the grant does not mean it will be granted. Mr. Sweeney said that this needs to be discussed in a budget setting. Motion carried unanimously. Mayor Brekke returned to the Boyer Sterling Truck issue Mr. Loney returned with the answer to what a Boyer Sterling Truck was. Essentially it is a division of the Ford Motor Company. The truck in question is essentially the same truck that we now have. Link/Sweeney moved to authorize the appropriate officials to purchase a five ton Boyer Sterling Dump Truck for the Public Works Department at 1999 State Bid prices and to authorize payment from the Capital Equipment Fund in the 2001 budget. Motion carried unanimously. Amundson/Link moved to declare that Tami Vidmar has successfully completed the 6-month probationary period, and afford her regular, full-time employment as Community Development Secretary. (Motion carried under the consent Agenda.) Official Proceedings of the May 2, 2000 Shakopee City Council Page 9 Amundson/Link moved to authorize the hiring of Kim Hartman as a 50% Part-time Records Technician at Step 1, grade C (13.3399/hr.) subject to the satisfactory completion of pre- employment medical and psychological examination. (Motion Carried under the Consent Agenda.) Amundson/Link moved to authorize the hiring of Luis Diaz to fill the position of Community Service Officer at at hourly rate of$11.6803 established by Grade A, Step 1, of the 2000 pay plan subject to his satisfactory completion of a background investigation, and pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) Amundson/Link moved to authorize the hiring of Mark Themig as Facilities and Recreation Director for the City of Shakopee, at Step 3 of pay grade L,with one week of vacation on the books, effective June 1, 2000,contingent upon successful completion of a physical exam and necessary background checks. (Motion carried under the Consent Agenda.) Amundson/Link offered Resolution No. 5353, A Resolution of the City of Shakopee, Minnesota Amending Resolution No. 4213, Adopting a Personnel Handbook, and moved its adoption. (Motion carried under the Consent Agenda.) Mr. Mark McNeill reported to the Council on scheduling a workshop to discuss downtown development issues. He suggested a date of June 13 at 5:00 p.m. to review the results of the architectural study of City facilities because we will be heading into the CIP preparation along with discussing the Vision of Shakopee downtown development issues. It was hoped to invite some businesses that are not the core part of the Vision Shakopee. Mr. McNeill said this could be done. Mayor Brekke said he would be out of town that date, but he thought perhaps the chair of the Economic Development Authority should chair this meeting. It was the consensus of Council Members to schedule a workshop to discuss downtown development issues, to be held Tuesday, June 13th, beginning at 5:00 PM. Amundson/Link moved to remove the issue of the use of the City owned parking lot south of Second Avenue, between Lewis and Holmes Streets during Derby Days, from the table. (Motion carried under the Consent Agenda.) Amundson/Link moved to give preliminary approval to the Shakopee Jaycees for use of the Second Avenue parking lot, between Holmes and Lewis Streets, for use as a carnival site, during Derby Days, August 3, 4, and 5. (Motion carried under the Consent Agenda.) Amundson/Link offered Resolution No. 5359, A Resolution Establishing a Rate of Pay For Commissioners of the Shakopee Public Utilities Commission, and moved its adoption. (Motion carried under the Consent Agenda.) J Official Proceedings of the May 2, 2000 Shakopee City Council Page 10 Cncl. Amundson addressed the Council on the landscaping/noise abatement issue along County Road 17 that will affect five homes. She was okay with the landscaping but she did have a problem with the noise abatement. She felt a standard was needed or the City would be put at risk for other citizens claiming they need a noise abatement. Mr. McNeill said the traffic on County Road 17 would only increase with all the development that is proposed in that area. Mr. Loney said it is the exterior noise abatement in this case that is hard to mitigate because of the driveway openings. That is why the interior noise mitigation is being looked at; it is that type of mitigation that is expensive. The City is working with noise experts. They are figuring on doing interior noise mitigation; such as doors, windows, and insulation. It was agreed that perhaps they should try to keep the noise at the level it is now. Mayor Brekke wanted a cost fund with a ceiling for each of the residents so the noise mitigation would be fair to all the five residents. Mr. Loney said perhaps a noise feasibility study was needed and then he would report back to the City Council on what was needed for noise mitigation and the cost involved. Sweeney/Amundson moved to direct staff to conduct a feasibility study on the noise mitigation for the five residents on County Road 17 and to bring the recommendations along with their costs back to the City Council. Motion carried unanimously. Cncl. Link asked for an update on the State property on the west side of the City. He knew of two very interested people who wanted to submit a proposal for purchasing this parcel. The Council wanted to buy this piece of property but they wanted the City Attorney to assure them that an environmental issue would not become a problem to the City. The City Attorney did not have all the answers to his questions yet. He thought perhaps in a few days he would know more. He was hoping at the next Council meeting, he could tell the City there would only be a minimum risk as the City is not doing anything with the property. If the City purchases the property, the Council wants to know the end result of the developer. There was discussion of the RFP for the parcel. Amundson/Sweeney moved to adjourn the meeting to May 15, 2000 at 5:00 p.m. The motion carried unanimously. The meeting adjourned at 8:56 p.m. 71/L°wA.t °\/C J di h S. Cox Cyt Clerk Carole Hedlund Recording Secretary CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: June 15, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 6/15/00 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $2, 054 . 82 . Included in the checklist but not to be released is a check to MN DOT for $764, 780 . 55 . This check has been voided. Also included in the checklist but under the control of the S .W. Metro Drug Task Force (code 9825) are checks in the amount of $14, 007 . 82 . Action Requested Move to approve the bills in the amount of $1, 147, 746 . 38 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/15/00 • CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 165 28,886 36 12 CITY ADMINISTRATOR 249,600 11,688 110,949 44 13 CITY CLERK 219,290 7,202 75,965 35 15 FINANCE 429,990 20,880 151,373 35 16 LEGAL COUNSEL 298,500 8,357 145,310 49 17 COMMUNITY DEVELOPMENT 574,780 13,920 208,540 36 18 GENERAL GOVERNMENT BUILDINGS 253,840 8,817 66,757 26 31 POLICE 2,173,740 82,559 901,852 41 32 FIRE 705,840 6,856 233,229 33 33 INSPECTION-BLDG-PLMBG-HTG 428,070 18,676 208,928 49 41 ENGINEERING 541,650 21,932 206,990 38 42 STREET MAINTENANCE 904,850 27,340 277,464 31 44 SHOP 156,240 8,412 63,550 41 46 PARK MAINTENANCE 535,430 22,282 201,730 38 91 UNALLOCATED 557,010 764,453 801,667 144 TOTAL GENERAL FUND 8,108,960 1,023,539 3,683,191 45 17 COMMUNITY DEVELOPMENT 509,990 ' 628 148,513 29 TOTAL TRANSIT 509,990 628 148,513 29 19 EDA 247,380 4,263 33,750 14 TOTAL EDA 247,380 4,263 33,750 14 a) tnm a a 4 a a Cu Cu Cu a a a a a a a a a a a a a a a a a a a as as as V' 5 H H H H H H H H R H H H H H H H H H H H H H H H HH H H H H z 1.0H W W o OM 0 Cl 0 N z0 h z I 0 00 H U O 0 O 000000000000000 0 0 I I 0 0 0 000000000000000 N O O 0 0 000000000000000 ri 0 H N O "\ N O N N N N N N N N N N N N N N N t0 (- 0 0 0 O N W V' 00 0D H HH N W N o W WWWWWWWWWWWWWWW N co °0 MH corn 0)0) 0 '� \ + j�Ci� jrCi� i+� N N 01 Ol H 0 O 5r] �7 ��7 f]F]�7 r7 0 H MM tow 00 11 ', to O O O O V Nr- 00 pry H W H N m H NNNNNNNNNNNNNVOVo H 0 c0 MO HH 00 ZE N 00 0 00 N O M M M M M M M M M M M M MIO ID 00M co co HH W V' H H H H H rH H H ri ri ri ri ri H H H ri H H H m Vo H M N H H V1 N (NI V' sr V'V'V'V'V'V'V'V'W V'V'N N V' M N V'M N N U)U) OM 1 1 1 1 1 I 111111111111111I V'V' UX :H N U) N N U) 00000H0000000NN in H N HI 1 pp 11 O NN HH UW N H N H H N N01U1N O01 ri MHN V•NU)HHHH HH HH KC Z M 0) co 0) 0) 00 H H H H H H M M V'W V•Vo N 0)0) W 0 ri 00 O 0 0) 0 O O) 000000000000000 0 0) O 001 00 00) 0 0)0 a) r-I Z al a wO wH u (c5 a pur,, aH W m w a° Cu 0 4141 W a s O x oH 41 41 Z W gl m W nar4 W U o 0 ZZ H C� m F AAAAAAAAAAAAA>41 �i>>. 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V'01H MH N t?N t? t?V' H U i? if} 01 W IX U H W tf} Es U) W V'V'V'V'V' V'W V'W V'V' W . H H H H H H H H H H H H N H C7 r4 \\\\\ \\\\\\ W 0 D W W W W W W W W W D D P� 0 0 0 0 0 0 0 0 0 0 0 0 ����� ��,,��� 0 00000 - 000000 0 0 W 00000 000000 0 Ix) x 00000 000000 0 0 0 N N N N N N N N N N N N 0 1-7 z W N CO H W LO LO 0 N A N A N A Z U U) * LI) * U)* 0 x D V WV W V U U a, 01 m a H In H 0 0 0 N 1 N k Cl O N l0 N O l0 0 N O ID O O N 0 Cl M O co Ul M O L� in M d' C- N O Lfl co O 0\ . . . . . . . . . . . . . . . . . o in d' Cl O Cl 0\ a0 H H N a) 0 a\ N O 10 N Ul 00 N Cl M ID N 0 W M l0 N O O N N N O N H ID a0 O 0\ In CO O\ t? ID O O In t? t/} t/)- t? N N CO a' O N H LI) Ln eM M N N 44- N 0 N tn- t? H d' H .CO- H O VI- d' H t/} N t? 0\ t? t? v) H H t? t? 0 ril Z U H H z 0 Z H H W E x z Q U ZEl r2, w a a w w 3 KC w a Z z a U] > A w z z Z r. 0 W 0 '' `a 00 al H £��>-1jj a H w a � Cl.' Cl.' Cl Cl �' F. g z a g H Cl 4 O H H s W FC Z H El 3 X 04 Cl] El El X COW Ci 0 W 0 ZFC x H El co a) H 04 p 04 w ..a X 04 FC a a a] m al 0 Z G, U H H U W R 0 FC FC FC a) rn H W W Z 0 3 co U U' H C'] Cl.' U w H H a] al P4 Cl' H (Cl Cl) w Cal x, H cl' in o H co O\ N o o 0 0 O H IA O U O H H N N -44 v ID H Cl d' Ul 00 CO N d' O H H d' d' d' d' d' N N N N N N ao a0 a H it 1,t 4# 4,# it U 4t it it 1=k it it it 44 It It U z 0000000000 n o n Ca ra n O b z 0 o a w a r=, a a w a a a rs, G, w w a Cr, ID CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1999 Auditor' s Report DATE: June 12, 2000 Enclosed is a copy of the 1999 Comprehensive Annual Financial Report for the City of Shakopee that is prepared by city staff. There is a great deal of information in the report and some of it is summarized in the letter in the introductory part of the report . The report is laid out so that the summarized data is on pages one through eight with the accompanying notes immediately following. More detailed financial data comes after the notes. Staff normally does not make a presentation to Council at a meeting because the information is in the written report. If council members have questions, please feel free to call or meet with me to review the report . Council has retained the firm of Kern, DeWenter and Viere, Ltd. to audit the city' s financial records and make a report to council . Enclosed is a communication from the auditors . Their opinion on the report is page XIII and their compliance report is page 130 of the report . At the council meeting of June 20, 2000, the auditors will present their report to council . It is expected that Loren Viere - Partner and Steve Wischmann - Audit Manager will make the presentation. is\finance\cafr99\audit600 t CITY OF SHAKOPEE Shakopee, Minnesota 1 MEMORANDUM ON FINANCIAL ' ANALYSIS INFORMATION, ACCOUNTING POLICIES AND PROCEDURES AND INTERNAL CONTROL ' December 31, 1999 1 1 1 I I I I I I I I I I I I I I I I I I I Kern, DeWenter, Viere, Ltd. Certified Public Accountants 1 May 1, 2000 ' Honorable Mayor and City Council City of Shakopee Shakopee, Minnesota 1 The accompanying memorandum includes suggestions for improvement of accounting procedures and internal accounting control measures that came to our attention as a result of our audit of the financial statements of the City of Shakopee, Minnesota, for the year ended December 31, 1999. The matters discussed herein were considered by us during our audit and ' they do not modify the opinion expressed in our independent auditors' report dated May 1, 2000, on such statements. In planning and performing our audit of the financial statements of the City of Shakopee, Minnesota, for the year ended December 31, 1999, we considered its internal control over ' financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. However, we noted a certain matter involving internal control and its ' operation that we consider to be a reportable condition under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, ' summarize and report on financial data consistent with the assertions of management in the financial statements. The following pages distinguish between reportable conditions, financial ' analysis, and management suggestions. A material weakness is a reportable condition in which the design or operation of one or more of ' the internal control components do not reduce to relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in ' the normal course of performing their assigned functions. Our consideration of internal controls would not necessarily disclose all matters in internal ' controls that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are considered to be material weaknesses as defined above. However, we do not believe the reportable condition described is a material weakness. t7600 Bass Lake Road, Suite 104 220 Park Avenue South, P.O. Box 1304 Minneapolis, MN 55428 St. Cloud, MN 56302 612-537-3011 • Fax: 612-537-9682 320-251-7010 • Fax: 320-251-1784 www.kdv.com ' Honorable Mayor and City Council City of Shakopee Page 2 ' This report is intended solely for the information and use of the City Council, management and others within the City and is not intended to be, and should not be used by anyone other than these specified parties. We would like to express our appreciation for cooperation extended to us ' by the employees of the City during our audit. -K(2,01 Le_ tard44 12t:eA-(2- - ' Kern, DeWenter, Viere, Ltd. St. Cloud, Minnesota t I 1 1 ' 2 I I I I I I I I I I I I I I I I I I I ' FINANCIAL ANALYSIS General Fund The City of Shakopee has consistently experienced increased revenues over the last five years. ' General Fund revenues increased in 1999 by 13.2% from $ 7,461,603 to $ 8,450,929. The following graphs illustrate the allocation of the revenues for 1999 and 1998. Significant gains in revenue for 1999 were a result of increased tax revenues, charges for services, and an increase in ' license and permits from $ 1,182,851 to $ 1,875,506. 1999 General Fund Revenues ' Miscellaneous 4% Charges for Services - 23% 4 Taxes ' 39% Fines and Forfeits Licenses and Permits 22% Intergovernmental 10% 1998 General Fund Revenues ' Charges for Services Miscellaneous6% 17% ' Tax42% es Fines and Forfeits 1% Licenses and Permits ' 16% Intergovernmental 18% I 1 3 I I I I I I I I I I I I I I I I I I I FINANCIAL ANALYSIS (Continued) Total General Fund expenditures also increased in 1999 from $ 6,355,376 to $ 6,927,441, or 9.0%. This is the third year of increased expenditures, due to growth in the city. The following ' is an illustrated expenditure breakdown for 1999 and 1998. Significant expenditure increases during 1999 were concentrated in the general government and public safety areas. Miscellaneous expenditures decreased from $ 413,064 in 1998 to $ 109,182 in 1999 due to grant disbursements and other various factors. ' 1999 General Fund Expenditures Miscellaneous ' 2% Recreation 7% General Government Public Works 29% ' 21% 1 ' Public Safety 41% 1998 General Fund Expenditures Miscellaneous 6% Recreation 6% General Government 26% Public Works ' 24% ' Public Safety 39% 4 t I IFINANCIAL ANALYSIS (Continued) I Due to the greater increase in revenues than expenditures in 1999, the Fund Balance increased 16.9% in 1999 after a decrease of 9.8% in 1997 and a 4.9%increase in 1998. After transfers, the general fund retained $ 492,229. Fund balance totaled $ 4,700,338 at December 31, 1999. Of I this balance, the Council has designated$ 1,518,000 for future capital purchases and$ 564,300 for future year appropriations, with the remaining balance undesignated. The bar chart below highlights the General Fund total revenues, expenditures and fund balance the last five years. I General Fund I $9,000,000- $8,000,000-7■ $7,000,000 7 — $6,000,000 I $5,000,000 —- —� —- - 54,090,000 � ■ 7 I 1 I 53,000,000 ■ ■ 111 ■ $2,000,000 II , i • ■ ■ 51,000,000 ■ ■ 111 So 1995 1996 1997= 1998 1999 •Revenues $5,657,429 $5,950,161 $6,363,245 $7,461,603 $8,450,929 I ❑Expenditures $5,269,910 $5,110,502 $5,525,572 $6,355,378 $6,927,441 B Fund Balance $3,278,127 $4,245,885 $3,828,501 $4,019,747 $4,700,338 I IGovernmental Funds IGovernmental Fund revenues decreased after three years of consistent increases. Taxes and special assessments account for the majority of the revenues, 53.8% in 1999 compared to 60.3% in 1998. Expenditures in the governmental funds also decreased significantly in 1999, Idecreasing 15.0%. Capital Outlay for capital projects continues to be the greatest expenditure annually, totaling 22.5% in 1999 and 44.6% in 1998. Other financing sources and uses were significantly lower in 1999 due to no new bonds being issued. The following charts represent Itotal governmental funds revenues, expenditures, financing sources and financing uses and fund balances for the last five years. I I 5 I I I I I I I I I I I I I I I I I I I I I 1 FINANCIAL ANALYSIS (Continued) 1 IGovernmental Funds III I $30,000,000- $25,000,000- Amp I $20,000,000- S15,000,000 l I i ] 1 -- [1 $10,000,000 s5,000,000 1995 1996 1997 1998 1999 ■Revenues and Other Financing $18,195,293 $16,956,215 $21,837,036 $27,177,060 $17,451,979 I Sources ■Expenditures and Other Financing $24,317,705 $14,953,477 $20,292,507 $20,523,484 $17,226,326 Uses I I Fund Balance - Governmental Funds (Fund Balance at December 31) $12,000,000, I $10,000,000-Z I $8,000,000 .-7 - I $6,000,000 r $4,000,000 ' $2,000,000 Km 1 ___. 1 ... _ _ ,,,,„„„„,, $0 r I General Special Revenue Debt Service Capital Projects 01995 ■1996 0 1997 01998 ■1999 I I I 6 FINANCIAL ANALYSIS (Continued) Debt Service The following charts illustrate debt service requirements through 2028, and bonded debt for the last five years. The next four years will require considerable resources to be committed for repayment of various general obligation,tax increment and revenue bonds, including both principal and interest payments. ' Debt Service Schedule (Including Principal and Interest) $10,000,000 - - - $9,000,000 — $8,000,000 $7,000,000 ' $6,000,000 -v - $5,000,000 $4,000,000 $3,000,000 •E !iuiii' $2,000,000 I $1,000,000 I I LIM-TM 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 ' •General Obligation Bonds ❑Tax Increment Bonds 0 Revenue Bonds * Includes maturities for years 2019 through 2028. 1 1 7 I I I I I I I I I I I I I I I I I I I i FINANCIAL ANALYSIS (Continued) 1 Bonded Debt ' $20,000,000 ' $15,000,000 $10,000,000 $5,000,000 1 SO 1995 1886 1997 1998 1999 0 Gross Bonded Debt ■Net Bonded Debt •Debt Service Fund Balance 1 Enterprise Funds The City has six enterprise funds, five of which showed positive net earnings for 1999. The 1 Electric, Water and Sewer Funds continue to report the highest operating income. The Recreation Fund continues to struggle in generating operating income,requiring transfers from other funds to subsidize operations. The Storm Drainage Fund experienced a significant increase 1 in net income as a result of significant trunk charges. The following charts compare the segment information and retained earnings of all the enterprise funds for the last five years. 1 1 1 1 8 I I I I I I I I I I I I I I I I I I I I I FINANCIAL ANALYSIS (Continued) I I Electric Fund :14,000,000- I $12,009,009 , I $10,000,000 : I 1- $8,000,000 -" se,000,000 $4,000,000-" i I $2,000,0001 $0 I ■ 1995 1996 1997 1998 1999 0 Operating Revenues ■Operating Expenses ■Operating Income 0 Income Before Operating Transfers ■Net Income I 1 Water Fund $2,500,000- j $2,000,000 $1,500,000 I $1,000,000 ill I $500,000 f I $0 , 1995 1996 1997 1998 1999 0 Operating Revenues ■Operating Expenses •Operating Income 0 Income Before Operating Transfers ■Net Income I 11 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I FINANCIAL ANALYSIS (Continued) I Sewer Fund I63,000,000 I 62,500,000 $2,000,000 i i P a IL $1,500,000 ii II li_ III I 91,000,000 IIll — 1s 6500,000 III II , 1 1 :a 1995 1996 1997 1998 1999 - - i Operating Revenues ❑Operating Expenses ❑Operating Income O Net Income 1 IStorm Drainage Fund $1,200,000 1 — I $1,000,000 I $800,000 $600,000 6000,000 I TE t $200,000 — F II I .iI __ kI . Ill ji III So 1 I1995 1996 1997 1998 1999 B Service Charges ■Operating Expenses 11Operating Income 0 Net Income I I III10 t I I FINANCIAL ANALYSIS (Continued) I 1 Refuse Fund $700,000 I ,c _ $600,000 yv $500,000 I - $aoo,000 $300,000 f I $200,000 $100,000 - ,,--F-o . -1)-111f1 1111111F-1 ($100,000) , I1996 1996 1997 1998 1999 0 Service Charges 0 Operating Expenses 0 Operating Income(Loss) O Net Income I I Recreation Fund I $1,000,000 `' I $800,000 $600,000 I $400,000 $200,000 it $3,717 so =."—= . I I (539,283) I ($24,051) f ($200,000) ($400,000)-, (Srxgdta) ($325,191) ($328,973) I ($448,353) / ($600,000) 1996 1997 1998 1999 I 0 Operating Revenues 0 Operating Expenses 0 Operating(Loss) 0(Loss)Before Operating Transfers •Net Income(Loss)) 1 I I FINANCIAL ANALYSIS (Continued) I Retained Earnings - Enterprise Funds $12,000,000 $10,000,000- I $8,000,000 O _ I $5,000,000 $4,000,000 ' $2,000,000 i. I ($2,000,000) r-- - - , Electric Water Sewer Storm Drainage Refuse Recreation Collection I0 1995 ■1996 0 1997 111998 ❑1999 1 Internal Service Funds The Equipment Fund was started in 1995 to fund City equipment purchases. The fund has Ishown increasing growth and income each year as illustrated by the following chart. Equipment Fund I $$00,000- - - $450,000 f I $400,000- $350,000 7 — ' $300,000 — IIII —1 EE ' J , _,1 __ i $100,000 I $50,000 f I 1995 1996 1997 1998 1999 ❑Rental Charges ■Operating Expenses/Depreciation ■Operating Income 0 Net Income I I 12 I IFINANCIAL ANALYSIS (Continued) I The Building Fund was established in 1999 to fund City building improvements. The following chart illustrates fund activity for 1999, the fund's first year of operation. I Building Fund $300,000 $250,000 I HIL $200.000 I $150,000 I $100,000 $50,000 -- I $0 1999 ID Rental Charges■Operating Expenses/Depreciation■Operating Income 0 Net Income Tax Capacity and Certified Levy I $18,000,000 _ I $16,000,000 $14,000,000 $12,000,000 J I $10,000,000 $8,000,000-7 Ot $4,000,0-Z .,,_. ME N 7 7 $2,000,000- $0 J 1995 1996 1997 1998 1999 I 0Tax Capaaty $15,023,819 $16,090,325 $17,142,188 $16,548,256 $17,337,384 ■Certified Levy $2,805,925 $2,785,342 $3,598,560 $3,263,583 $3,853,306 I 1 I 13 1 I I FINANCIAL ANALYSIS (Continued) ITax Capacity Rate I 26.000% 25.245% 25.000% I24.000% 23.358% 23.098% I 23.000% 22.458% 22.000% -- - - I 21.127% --- 21.000% I20.000% --- - 19.000% - - - , 1995 1996 1997 1998 1999 I I I General Fund Revenues/Expenditures Per 1 Household I $1 $1,320 $1,221 $1,121 $1,106 $1,200 1040 $1,082 I $1,000 fV mill. ., $800 $eoo-V 55* 110* $400 $200- I 1995 1997 1998 1999 0 Revenues •Expenditures * Denoted the number of households serviced for the year. I 14 I I FINANCIAL ANALYSIS (Continued) IProductivity Measures I1996 1997 1998 1999 Population 14,952 15,200 16,400 17,200 Number of Households 5,307 5,755 6,110 6,400 I Number of Full Time Employees (Excluding Enterprise Funds) 68 70 70 79 Population per Employee 220 231 244 218 IHouseholds per Employee 78 82 87 81 I BondRatings Rat ngs I 25% I 20% 20% I 15% : 'i 8% 6% 6% 5% 3% 1% I 0% Ma Aa3 Aa2 Aal Aa A3 A2* Al A Baa3 Baa2 Baal Baa Below Baa I *-Denotes City of Shakopee's Rating I I I I 15 I I I I I I I I 1 I I I I I I I I I I 1 REPORTABLE CONDITIONS During our audit we noted a condition which is considered to be "reportable condition" as defined by standards established by the American Institute of Certified Public Accountants. ' Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over fmancial reporting that, in our judgment, could adversely affect the City's ability to record, process, summarize and report fmancial data ' consistent with the assertions of the Council in the financial statements. The reportable conditions follow. Lack of Segregation of Accounting Duties ' During the year ended December 31, 1999, the City had a lack of segregation of accounting duties due to a limited number of office employees. Although this meets the definition of a "reportable condition," it may not be practical to correct since the costs of obtaining desirable ' segregation of accounting duties may exceed benefits that could be derived. MANAGEMENT SUGGESTIONS ' Complete All Required Documentation for Transactions with Council Members During the year ended December 31, 1999, the City entered into transactions with businesses in ' which certain Council members had a financial interest. Minnesota State Statute Section 471.88 allows a City to enter into contracts for goods and services with businesses in which Council members have a financial interest if the following exist: ' 1. The transaction is one which competitive bids are not required. ' 2. All members of the Council present, except the interested officer,must vote in order to produce a unanimous vote, and ' 3. The City Council shall authorize the contract in advance of its performance(except in an emergency)by adopting a resolution setting out the essential facts and determining that the ' contract price is as low as or lower than the price at which the commodity or services could be obtained elsewhere. Before such claim is paid, the interested officer shall file with the Clerk of the City an affidavit stating: ' a. The name of the officer and the office held by the officer; b. An itemization of the commodity or services furnished; c. The contract price; d. The reasonable value; e. The interest of the officer in the contract; and ' f. That to the best of the officer's knowledge and belief the contract price is as low as or lower than the price at which the commodity or services could be obtained from other sources. ' 16 I I I I I I I I I I I I I I I I I I I MANAGEMENT SUGGESTIONS (Continued) Complete All Required Documentation for Transactions with Council Members (Continued) In review of these transactions, we noted several instances in which an interested Council member did not file the appropriate affidavit with the clerk, nor was a resolution adopted by the City Council. ' We recommend that the appropriate documentation be obtained for all transactions in order for the City to be in compliance with State Statute 471.88. Tax Increment Financing Districts ' Because of the increased scrutiny that tax increment financing districts have been receiving, we recommend that each tax increment financing district have a master file containing the following information: • Resolution calling for public hearing. • Fiscal and economic implications to the city and other taxing jurisdictions. • Follow-up correspondence from city and county. ' • Affidavit of publication—hearing notice. • Resolution or minutes from planning commission review. • Supporting data for"but for"test. • Supportive data for other findings. • Approval of plans by the city. • Resolution establishing project area and tax increment financing district and adopting related ' plans. • Letter requesting certification by county auditor. • Letter from county certifying District, Original Tax Rate and Original Tax Capacity. ' • Letter submitting materials to Department of Revenue. • Development Program, Redevelopment Plan or other Project Plans. ' • Tax Increment Financing Plan. • Development Agreements. • Assessment Agreements. ' • Bond resolutions for all debt supported by increments from the District. • Annual reports on the status of the district and evidence of submission to the county board, the county auditor, the school board and state auditor. ' • Annual statements and financial reports including affidavit of publication and evidence of submission to the State Auditor. • Plan amendments, including supporting documents. ' 17 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MANAGEMENT SUGGESTIONS (Continued) Tax Increment Financing Districts (Continued) As additional information and comment, we further recommend that whenever the City agrees to ' reimburse a developer for costs incurred in a TIF district,that the City obtain documentation as to the actual costs incurred from the developer. In addition, if the City is requesting reimbursements from the TIF Districts, this amount cannot exceed actual administrative ' expenses incurred or 10%of the project. It is important to note that if in any particular year actual administrative expenses exceed 10%, they can be carried forward to future years. Develop and Implement a Formal Travel Policy We also noted during our audit that the City does not have a formal travel policy. In order to maintain proper controls over travel expenditures and reimbursements, we recommend the City ' develop a formal written travel policy. ' SUMMARY Comments and recommendations contained in this letter are not directives, but instead are ' intended to provide a basis for discussion and further thought. We thank you for your support and providing us with the privilege to work with you. 1 i 1 1 1 i 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting June 20,2000 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an + are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) + Approval of Minutes: April 18,2000 4. Financial A.) + Approval of Bills 5. Other Business: 6. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION APRIL 18, 2000 Members Present: President Amundson, Brekke, Morke, Sweeney Members Absent: Link Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Gregg Voxland, Financial Director. I. Roll Call: President Amundson called the meeting to order at 7:40. Roll call was taken as noted above. H. Approval of Agenda Sweeney/Brekke moved to approve the agenda as presented. Motion carried unanimously. M. Consent Agenda Brekke/Sweeney moved to approve the consent agenda. Motion carried unanimously. IV. Approval of Minutes: February 15 and February 29, 2000 Brekke/Sweeney moved to approve the February 15 and February 29, 2000 meeting minutes. (Motion carried unanimously under the Consent Agenda.) V. Financial A.) Approval of Bills Brekke/Sweeney moved to approve the bills in the amount of$4,589.39 for the EDA General Fund and $0.00 for Seagate. (Motion carried under the Consent Agenda.) VL Other Business VII Adjournment Sweeney/Brekke moved to adjourn. Motion carried unanimously. The meeting adjourned at 7:42 p.m. S. Cox, ED Secretary ale Hedlund, Recording Secretary CaYIS42'4" 1- CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: June 15, 2000 Introduction Attached is a listing of bills for the EDA for the period 6/2/00 to 06/15/00 . Action Requested Move to approve bills in the amount of $2, 054 . 82 for the EDA General Fund. x CITY OF SHAKOPEE Memorandum TO: Mayor and City Council/EDA FROM: Paul Snook,Economic Development Coordinators SUBJECT: Small Cities Development Program-update DATE: June 20,2000 Enclosed is an update on the Small Cities Development Program(SCDP)from the Carver County HRA. In summary,the HRA reports the following application activity: Applications Applications Requested/Mailed in Process or Completed Single Family Owner-Occupied Residential(goal: 30 units) 50+ 18 Rental Residential(goal: 30 units) 11 4 Commercial(goal: 15 units) 7 3 TOTAL 68 25 Note: The numbers in parentheses next to the property types listed above indicate the"rehabbed property unit goals"by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. --_.. . . . .._. . ...-.- . .V •. .... r . vim • lava eitAr fkutgatar#Peeta6 P,y n,m The single-family, commercial and rental rehabilitation program is underway for the City of Shakopee. The City of Shakopee, along with Carver County HRA and Vision Shakopee hosted an informational meeting this past Monday, June 12th. The focus of this meeting was to publicize the Shakopee Small Cities Program, discuss Fair Housing Law and answer any questions. Fliers were mailed to every property located in the project area; sixteen property owners attended. i te-Iliagte eflotaii4Wiwo Prgject Ake+,os Afiffiraytam To be eligible for the program, the applicant's income must be below 80% of the area median income. The homeowner will be eligible for a 50 to 100% grant depending upon their income. The homeowner would need to provide leverage ranging from 0 to 50%. The HRA has low-interest loans the homeowner could apply for to use as their leverage requirement. However, if they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the leverage requirement will be waived and they will receive a 100% Small Cities grant. The grant is a 0% interest, 10-year deferred loan. If the homeowner stays in the home for 10 years, they will not have to pay the loan back. The loan is forgiven on a pro-rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRAs Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements can be done. Dave will draw up a work write-up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the homeowner will schedule a time to close on the loan with the HRA. The HRA will make the payments to the contractor(s) after the work has been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to submit to DTED)for reimbursement. .f�'� ete-tratl r/P,Ated laarmair After a substantial marketing effort (a flyer explaining all three programs was mailed to every property in the target area), we are pleased to announce that we have 7 completed applications that are scheduled to be inspected by Dave Schaffer within the next few weeks. We also have 11 additional applications that Summary Sheet.doc 08/16/00 are in the application process. We have mailed out over 50 applications and are hopeful that the funds will be utilized quickly (the City received enough funds to rehab about 30 homes). Once we have closed on a loan, we will submit a summary of that household to the City Council. We will most likely submit a summary once a month depending upon activity. Attached is an example of what the summary will entail: HRA Loan Number: Household Composition: Loan Amount: Gross Income: Improvements: Market Value of the Pnoperty.• IPkatadAlsiada��i�tioa Alyea tow Any rental owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. 51% of their rental units need to be leased by tenants at or below 80% of Metro Area Median Income, and the rents for all of the units would need to be at or below the Fair Market Rents. If the property is in the targeted area, and both the tenant's income and rent are within the allowable limits a property owner would be eligible for a deferred loan up to $10,000 per unit. A maximum loan amount is currently under advisement with city staff. The owner is required to match these dollars with a 50% match. This is a secured loan, which will be forgiven after seven years. Compliance of rent restriction and tenant characteristics is in force for the full seven years. The loan is forgiven on a pro-rated basis of 14.28% per year. After their application has been approved, Dave Schaffer, the HRA's Rehab Advisor, will schedule an appointment to inspect the rental property to determine what improvements should be incorporated into the scope of work. Dave will draw up a work write-up for the homeowner to submit to contractors. it is the responsibility of the homeowner to select the contractor(s). Summary Sheet.doc 06/16/00 After reasonable bids have been attained, the property owner will schedule a time to close on the loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Dave Schaffer has inspected the work. The HRA will then submit a draw request to the City (to submit to DTED)for reimbursement Aria maser Carver County HRA has had 11 inquiries regarding the Small Cities Rental Loan Program; of those, 4 individuals have completed their application packet(s) and returned it to Carver County HRA. These three applicants' files are being reviewed, and will hopefully become successful applicants. oppacassvis Mai aaotie clamor Once we have closed on a loan, we will submit a summary of that loan to the City Council; eg. owner, address, # of units, dollars borrowed. We will most likely submit a summary once a month depending upon activity. Attached is an example of what the summary will entail HRA Loan Number: Loan Amount: Number of Rental Units: Monthly Rent: Improvements: Market Value of the Property: eomaretroW Akia,044tatr "yea "map om the'hyrax Any commercial property owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. Note: this boundary is the small area located in the core downtown area of the bigger Small Cities targeted area. Priority is given to owner occupied structures or where leases are currently in place. Building improvements must be directed toward correcting defects or deficiencies in the property affecting the aesthetics or the property safety, energy consumption, structural/mechanical systems, habitability or handicapped accessibility of the property. Summary Sheet.doc 06/16/00 Owners are eligible for 50% of the total commercial repair costs, with a maximum loan up to $25,000. The loan is a deferred loan for seven years; which is pro- rated in case of sale. Commetrhil"Mal.fumower Currently Carver County HRA has received 7 inquiries; from these inquiries we have received three completed applications which are currently under review. If these applications are approved we will be able to have our rehab specialist inspect the properties within the next 45 days and then develop a scope of work. At the current time additional documentation is being requested from the applicants. Afillikalxgf Mae ham e4wd Once we have closed on a loan, we will submit a summary of that loan to the City Council; eg. owner, address, #of units, dollars borrowed. We will most likely submit a summary once a month depending upon activity. Attached is an example of what the summary will entail HRA Loan Number: Loan Amount: Gross Income: Improvements: Market Value of the Property: Summary Sheet.doc 08/18/00 /%�, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Orchard Park West 5th Addition MEETING DATE: June 20,2000 REVIEW PERIOD DEADLINE: July 11, 2000 Site Information Applicant: Laurent Land Development Location: South of Vierling Drive and west of Fuller Street Current Zoning: Urban Residential(R1B)Zone Adjacent Zoning: North: Urban Residential(R1B)Zone/PUD Overlay#13 South: Urban Residential(R1B)Zone/PUD Overlay#13 East: Fuller Street/Urban Residential(R1B)Zone West: Urban Residential(R1B)Zone/PUD Overlay#13 1995 Comp.Plan: Single Family Residential Area: Approximately 5 Acres MUSA: The site is within the MUSA boundary Introduction Laurent Land Development is requesting Preliminary Plat approval of Orchard Park West 5th Addition. The property is located south of Vierling Drive and west of Fuller Street. Considerations The Preliminary Plat for Orchard Park West was recommended for approval by the Planning Commission at its June 8,2000 meeting. Please find attached a copy of the June 8, 2000, memo to the Planning Commission for the Council's reference. Alternatives 1. Approve the Preliminary Plat of Orchard Park West 5th Addition, subject to the provided conditions. 2. Approve the Preliminary Plat of Orchard Park West 51 Addition with revised conditions. 3. Do not approve the Preliminary Plat of Orchard Park West 51 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 Because staff has not received comments from SPUC relative to water capacity, no recommendation will be made at this time. Action Requested Offer and pass a motion consistent with the wishes of thCouncil. .0f.L ' J Ile Klima P . eri g:\cc\2000\cc0620\ppopw5th.doc 2 RESOLUTION NO. 5377 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE PRELIMINARY PLAT OF ORCHARD PARK WEST 5TH ADDITION WHEREAS,Laurent Development Company LLC, applicant and Robert and Roxanne Pieper,property owners have made application for preliminary plat approval of Orchard Park West 5th Addition;and; WHEREAS,the subject property is legally described as follows; That part of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota, lying westerly and northerly of the westerly and northerly right-of-way lines of Minnesota Highway Right of Way Plat No. 70-2, described as follows: Beginning at a point on the east line of said Southwest Quarter distant 990.58 feet north of the southeast corner thereof; thence deflecting left 90 degrees a distance of 554.50 feet(Point A);thence deflecting right 90 degrees a distance of 400.00 feet (Point B); thence deflecting right 90 degrees a distance of 554.50 feet to said east line of the Southwest Quarter(Point C); thence southerly, along said east line of the Southwest Quarter a distance of 400.00 feet to said point of beginning. WHEREAS,the Shakopee Planning Commission held a public hearing on this request on June 8,2000;and WHEREAS,all required public notices regarding the public hearing were posted and sent;and WHEREAS,the Shakopee Planning Commission has recommended approval subject to the conditions listed below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the preliminary plat of Orchard Park West 5th Addition is approved subject to the following conditions; 1) 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 the required public improvements: (i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (iii)Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission 3 (iv)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. (v) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. (vi)The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's Fee Schedule. (vii)Park dedication payments shall be required in the amount of$1500.00 per lot and shall be payable prior to the recording of the Final Plat. (viii) The developer shall pay existing levied special assessments. iii) Final Construction Plans and Specifications,building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities, prior to construction. iv) The developer shall provide easements, as required by City Code. v) Demolition permits shall be obtained from the City of Shakopee to remove any existing buildings on site. vi) The applicant shall work with the City's Director of Natural Resources to provide a blend of berming and the existing trees on site along the north, south and east boundaries of the plat. 2) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. THEREFORE, BE IT FURTHER RESOLVED, that approval of this plat does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Orchard Park West 5th Addition MEETING DATE: June 8, 2000 REVIEW PERIOD DEADLINE: July 11, 2000 Site Information Applicant: Laurent Land Development Location: South of Vierling Drive and west of Fuller Street Current Zoning: Urban Residential(R-1B)Zone Adjacent Zoning: North: Urban Residential(R-1B)Zone/PUD Overlay#13 South: Urban Residential(R-1B)Zone/PUD Overlay#13 East: Fuller Street/Urban Residential(R-1B)Zone West: Urban Residential(R-1B)Zone/PUD Overlay#13 1995 Comp. Plan: Single Family Residential Area: Approximately 5 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Preliminary Plat Drawing Exhibit C: Engineering Dept. Comments Introduction Laurent Development Company is requesting Preliminary Plat approval of Orchard Park West 5th Addition. The property is located south of Vierling Drive and west of Fuller Street(Exhibit A). Considerations The plat proposes the creation of 15 lots for single family detached residential development. Access to the proposed lots will be via a proposed public street (Washington Court). Washington Court takes access off of Harvest Lane, also a public street. City Code Section 11.60, Subd. 7 requires a four foot berm with overstory deciduous and coniferous trees to be provided for development adjacent to collector streets and higher density residential uses. Therefore, bernung would be required along the north, south and east boundaries of the project site. 1 The intent of this provision is to provide screening between developments and/or roadways. However, the site provides a substantial number of mature trees along those same boundaries, which may be viewed as adequate screening between the proposed lots and existing residential uses and roadways. The Planning Commission should discuss whether the berming should be required or the mature trees be allowed to meet the intent of the City Code. The Engineering Dept. has reviewed the application and has provided comments attached as Exhibit C. The Fire Inspector has commented that a hydrant should be added in the cul-de-sac. The Scott County Environmental Health Department has commented that that any existing wells should be capped appropriately and that the proposed area of development is highly susceptible to ground water contamination and that precautions should be taken to minimize the potential for such contaminations. Shakopee Public Utilities Commission (SPDC) has not responded with comments. As a result, staff is not recommending approval of the Final Plat at this time, but has provided a draft resolution of approval including recommended conditions of approval for the Commissions consideration in the event the Commission chooses to recommend approval of the Final Plat of Orchard Park West 5th Addition. Alternatives 1. Recommend approval of the Preliminary Plat of Orchard Park West 5th Addition to the City Council, subject to conditions. 2. Recommend approval of the Preliminary Plat to the City Council, subject to revised conditions. 3. Recommend denial of the Preliminary Plat to the City Council. 4. Table action on the matter and request additional information from staff and/or the applicant. Staff Recommendation Because staff has not received comments from SPUC relative to water capacity, no recommendation will be made at this time. Action Requested Offer and pass a motion consistent with the wishes of the Commission. 4., ,‘„e Klima Planner II g.\boaa-pc\2000\june08\prelimplat-opw5th.doc 2 RESOLUTION NO. XXXX A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE PRELIMINARY PLAT OF ORCHARD PARK WEST 5TH ADDITION WHEREAS,Laurent Development Company LLC, applicant and Robert and Roxanne Pieper,property owners have made application for preliminary plat approval of Orchard Park West 5th Addition;and; WHEREAS,the subject property is legally described as follows; That part of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County,Minnesota, lying westerly and northerly of the westerly and northerly right-of-way lines of Minnesota Highway Right of Way Plat No. 70-2, described as follows: Beginning at a point on the east line of said Southwest Quarter distant 990.58 feet north of the southeast corner thereof thence deflecting left 90 degrees a distance of 554.50 feet(Point A); thence deflecting right 90 degrees a distance of 400.00 feet(Point B); thence deflecting right 90 degrees a distance of 554.50 feet to said east line of the Southwest Quarter(Point C); thence southerly, along said east line of the Southwest Quarter a distance of 400.00 feet to said point of beginning. WHEREAS,the Shakopee Planning Commission held a public hearing on this request on June 8, 2000; and WHEREAS, all required public notices regarding the public hearing were posted and sent;and WHEREAS,the Shakopee Planning Commission has recommended approval subject to the conditions listed below. NOW, 113EREFORE, BE IT RESOLVED BY THE CH Y COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the preliminary plat of Orchard Park West 5th Addition is approved subject to the following conditions; 1) 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 the required public improvements: (i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3 (iii)Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission (iv)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. (v) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. (vi)The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's Fee Schedule. (vii)Park dedication payments shall be required in the amount of$1500.00 per lot and shall be payable prior to the recording of the Final Plat. (viii) The developer shall pay existing levied special assessments. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities, prior to construction. iv) The developer shall provide easements, as required by City Code. v) Demolition permits shall be obtained from the City of Shakopee to remove any existing buildings on site. 2) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. THEREFORE, BE IT FURTHER RESOLVED, that approval of this plat does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk 4 .� FXH181T A EMI to1 E ---0--, CM !MU Mr Mill..... =_-_-_— mom "'''...""'" Ma MN IIIIBMIN -- NU _;_ MOM ln'■u ua■. ;P= u 0 ?) iii I /iTia mai NE ��_MI ~� (1)1 ' F �'I w R1B r3 ;\/ I [ IHi 1E q I--i . f� � i ! p•�� 11 , ; 1 ..... ! II , , 1 ! 4w- 211 5>\-- al I@���{I• I t _ ip , —�� � , • Imo , , \ !! r _ R 1 B __.-•--. - -- _ STH 169 PiWilikAl .1/ v SHAKOPEE COPROS S Proposed Preliminary Plat of Orchard Park West 5th Addition L 1 I Parcel Boundaries 0 Zoning Boundaries 05/15/00 #\‘ EPH161 f City of Shakopee Memorandum TO: Julie Klima, Planner II FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Orchard Park West 5th Addition DATE: May 31, 2000 After reviewing the application submittals, I have the following comments for the Planning Department, and for the applicant: Streets The streets within the development are shown as 32 feet, face to face. The City's adopted Design Criteria allows for this width on streets expected to have a volume of 200 cars per day. or less. Based on 15 lots, and approximately 10 trips per day per lot, it is recommended that this width be allowed for this street. As part of the final plat, the area shown as an existing easement for Vierling Drive shall be dedicated with the plat as right-of-way. Trunk Fees Trunk Storm Sewer fees will be applied to this development, including a trunk ponding fee. unless the developer can provide information showing that the pond constructed for Orchard Park West PLD was designed to handle the runoff from the proposed plat. Trunk Sanitary' Sewer fees will not be applied to this site because it is outside the area charged this fee. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: A) Prior to recording of the Final Plat. the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for payment of the Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utility Commission. i \ 0 : iONIC:p --,..-.....1"--7;..-) ,c til t-__ 1r\i,1 C rc_ 1rui1 M 1"''' I'D it =2111110111.1111111d (�1t�1 :)DM° ..-,...' - On14:: -- j _r ie rl [ 1 � - -. r 1 Y , 9 ' =s _ . 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CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map rezoning property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2) APPLICANT: EverGreen Real Estate Bert Notermann and Judy Ess—Property Owners MEETING DATE: June 20, 2000 INTRODUCTION: EverGreen Real Estate has requested that the City amend its zoning map to rezone property currently zoned Old Shakopee Residential(R-1C)to Medium Density Residential(R2). The property is located north of 5th Avenue and west of Adams Street. The Comprehensive Plan guides this area for medium density residential development. At its June 8,2000,meeting,the Planning Commission took public testimony and reviewed this request. The Planning Commission recommended approval(4—3 vote)of this request to the City Council. Provided for your reference is a copy of the June 8,2000 memorandum to the Planning Commission. ALTERNATIVES: 1. Approve the request to rezone property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2). 2. Deny the request to rezone property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2). 3. Table the decision and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer a motion to approve Ord.No. 569, An Ordinance Amending the City of Shakopee's Zoning Map by Rezoning Property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2). e a 'lanner II g:1cc\2000\cC0620\rezevergran.doc ORDINANCE NO. 569,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND GENERALLY LOCATED NORTH OF 5TH AVENUE AND WEST OF ADAMS STREET FROM OLD SHAKOPEE RESIDENTIAL(R-1C) TO MEDIUM DENSITY RESIDENTIAL(R2) WHEREAS, EverGreen Real Estate, the Applicant, and Bert Notermann and Judy Ess, property owners, have requested the rezoning of land from Old Shakopee Residential(R-1C)to Medium Density Residential (R2); WHEREAS,the subject property is legally described as follows: Lots 1 through 12, Block 8, Koepers Addition, Scott County,Minnesota WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on June 8, 2000, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of June 20, 2000, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Old Shakopee Residential(R-1C)Zone to Medium Density Residential(R2)Zone. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 2000. b CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2) DATE: June 8, 2000 REVIEW PERIOD: May 22—July 21, 2000 Site Information: Applicant: EverGreen Real Estate Property Owner: Bert Notermann and Judy Ess Location: North of 5th Avenue between Jefferson and Adams Streets Adjacent Zoning: North: Old Shakopee Residential(R-1C) South: Old Shakopee Residential(R-1C) East: Multiple Family Residential(R3) West: Multiple Family Residential(R3) MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: City Code Section 11.30 Old Shakopee Residential(R-1C) Exhibit C: City Code Section 11.32 Medium Density Residential (R2) Discussion The applicant is requesting that the City amend the Official Zoning Map by rezoning property currently zoned as Old Shakopee Residential (R-1C) to Medium Density Residential (R2). Please see Exhibit A for the location of the subject site. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits B and C provide a listing of the uses, both permitted and conditional, that are allowed in the Old Shakopee Residential (R-1C) and Medium Density Residential(R2)zones. The 1995 Land Use Plan guides this property for Medium Density Residential purposes. A copy of the land use plan is available for viewing at City Hall and will be made available at the June 8, 2000,meeting. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. The goals and policies in place have not changed However, factors including market and economic considerations have not taken advantage of development consistent with the goals and policies in place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns have occurred in that interest in and the redevelopment of areas within the Old Shakopee area are fairly recent events. Factors such as market and economic considerations may encourage the increased redevelopment efforts in Old Shakopee areas. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The proposed re oningwould not be in conflict with the Comprehensive Plan. Alternatives I. Recommend to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential(R-1C)to Medium Density Residential (R2). 2. Recommend to the City Council the denial of the request to rezone the subject property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2). 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, recommending to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential (R-1C) to Medium Density Residential(R2)Zone. Action Reauested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential(R-1C)to Medium Density Residential(R2)Zone. lie Klima '-Planner II g:\boas-pc\2000\june08\rzevergreen.doc . . LYiHRTA , r /4 . , , 111 1 'J_•_011A11114001111111visitilit: iii Iiii"--etalit 1 0 W i si il 14tb,Pl R3 ital 7 R3 5thme. ,Iti Is " i//Mal I ill I Iii 1 TOPP*1111110111PW Vi/ I lf ,1 R3 illwilkAl N SHAKOPEE w+E Proposed Rezoning from R- IC to R2 [ J Zoning j Parcels Em$IT E §11.30 SEC.11.30. OLD SHAKOPEE RESIDENTIAL ZONE(R-1C). Subd.1. Pumose, The purpose of the Old Shakopee residential zone is to provide an area for the continuation of existing residential development and development of existing lots in the older residential areas where public sanitary sewer and water are available. The combination of small lots is encouraged. Subd.2. Permitted Uses, Within the Old Shakopee residential zone, no structure or land shall be used except for one(1) or more of the following uses: A. single family detached dwellings; B. single family attached dwellings, up to a maximum of two (2)dwellings; C. two (2)family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving twelve(12)or fewer persons; H. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system ;f not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space;and page noised in 1997 1134 §11.30 5, comply with all other state licensing requirements; (Ord.482, May 15, 1997) I. group family day care facilities serving fourteen (14)or fewer children; J. residential facilities serving six(6)or fewer persons;or K. single family detached residences previously constructed as accessory uses to a church,where the resulting lot meets the design standards found in Subdivision 5 of this Section. (Ord.496,August 21, 1997) Subd, 3. Conditional Uses. Within the Old Shakopee residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. over-sized accessory structures as determined by Section 11.81, Subdivision 2.B. (Ord. 470. January 1, 1997) B. churches and other places of worship; C. (Deleted. Ord. 501, September 18, 1997) D. cemeteries; E. hospitals and clinics; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12. or any portion thereof; G. bed and breakfast inns; H. funeral homes; I. utility service structures; J. day care facilities serving thirteen (13) through sixteen (16) persons; K. adut day care centers as conditional uses, subject to the following conditions: The adult day care centers shall: 1. serve thirteen(13)or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; page revised in 1997 1135 §11.30 4. the total indoor space available for use by participants must equal at least forty(40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and 6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997) L. residential facilities servicing from seven (7) through sixteen (16) persons; M. relocated structures; N. structures over two and one-hart (2-1/2) stories or thirty-live(35) feet in height; O. developments containing more than one (1) principal structure per:ct; or P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord. 528, October 29, 1998) Subd. 4. Permitted Accessory Uses. Within the Old Shakopee residential zone, the following uses shall be permitted accessory uses: A. garages; B. fences; C. recreation equipment: D. gardening and other horticultural uses not involving retail sales; E. communication service apparatus/device(s)as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; p.po r.vissd in Ma 1136 §11.30 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6, shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted,shall be complied with; g. all obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. Atter the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Acvisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial cr industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; (Ord.479,March 13, 1997) F. swimming pools; G. tennis courts; H. home occupations contingent upon approval of a home occupation permit; (Ord. 501, September 18, 1997) solar equipment;or pop revved in 1997 1137 §11.30 _ other accessory uses,as determined by the Zoning Administrator. Subd.5. Nolan Standards. Within the Old Shakopee residential zone, no land shall be used,and no structure shall be constructed or used, except in conformance with the following requirements: p, Maximum density: seven and one-half (7.5) dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 50 feet; (two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: Thirty (30) feet, except that the minimum setback shall be equal to the average setback of other principal structures on the block when the applicant proves that there are more than two (2) other existing principal structures on the block, and those structures have an average setback of less than thirty(30) feet. If there are fewer than three (3) other existing principal structures on the block, the setback is thirty (30) feet. Minimum street side yard setback: Ten (10) feet, except that the minimum setback shall be equal to the average street side yard setback of other principal structures on the block when the applicant proves that the other existing principal structures have an average setback of less than the(10) feet. Minimum interior side yard setback: five (5) feet: or one (1) side at three (3) feet and the other side at seven (7)feet. Minimum rear yard setback: Thirty(30)feet Minimum rear yard setback for accessory structures: Five(5)feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd.5. Additional Requirements. A. All dwellings shall have a depth of at least twenty (20) feet for at !east 50% of their width. All dwellings shall have a width of at least twenty(20)feet for at least 50%of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord.60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) me rimmed in t997 1138 eXi4J& TG §11.32 SEC.11.32. MEDIUM DENSITY RESIDENTIAL ZONE(R-2). Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an area which will allow two and one-half (2.5) to eight (8) residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. Subd.2. Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one(1)or more of the following uses: A. residential structures containing two(2)to four(4)dwelling units; B. existing single famiiy dweilings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving twelve(12)or fewer persons; G. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisureirecreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least fcrry (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization f the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; ' b. more than 25% d the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space;and 5. comply with all other state licensing requirements; (Ord.482,May 15, 1997) pegs revised in 1997 1151 §11.32 H. residential facilities serving six(6)or fewer persons;or I. townhouses(Ord.467, December 19, 1996) Subd. 3. Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. multiple-family dwellings containing up to six(6) units; B. (Deleted, Ord. 501, September 18, 1997) C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; H. bed and breakfast inns; 1. utility service structures; J. day care facilities serving from thirteen(13)through sixteen(16) persons; K. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13)or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; page mood in 1997 1152 §11.32 b, more than 25% of the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5, provide proof of state, federal and other governmental licensing agency approval;and 6. comply with ail other state licensing requirements; (Ord. 482, May 15, 1997) residential facilities serving from seven (7)through sixteen (16) persons; M. relocated structures; N. strictures over two and one-half (2-1/2)stories or thirty-five(35)feet in height; O. developments containing more than one(1) principal structure per lot; or P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord. 528, October 29, 1998) Subd. 4. Permitted Accessory Uses. Within the medium density residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three(3) spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. communication service apparatus/device(s)as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; pop rws.d in 1998 1153 §11.32 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed,the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; (Ord.479, March 13, 1997) F. swimming pools; G. tennis courts; H. receive only satellite dish antennas and other antennas; 1. home occupations contingent upon approval of a home occupation permit; (Ord. 501, September 18, 1997) J. solar equipment;or K. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: port nomad in 1997 1154 §11.32 A. Density: a minimum of five (5) and a maximum of elevel (11) dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: (single-family lot width (smgi y detached): 60 feet; (two-family dwelling): 70 feet; (multiple-family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback:35 feet Minimum side yard setback: 10 feet Minimum rear yard setback:30 feet In the case of townhouse developments which contain both public streets and private streets or driveways, the front yard setback on public streets may be reduced to the average setback from private streets or driveways, so long as the front yard setback from any public street in the development is no less than 20 feet. (Ord. 467, December 19, 1996) D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd.6. Additional Requirements. A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their width. All dwellings shall have a width of at least twenty (20) feet for at least 50%of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30. 1995) SEC.11.33. Reserved. pogo firmed in 1997 1155 June 12, 2000 �7 L I� Ni tl 2000 Mr. Jon Brekke 1625 Dalles Dr. Shakopee MN 55379 Dear Mayor Brekke: As residents of Shakopee affected by a vacation of property, we attended the June 8th meeting of the Planning Commission. At this meeting a petition was presented to the members requesting that 5th Avenue NOT be vacated, but that it be upgraded to a usable street. The Planning Commission voted 4-3 in favor of vacating this street. As homeowners and longtime residents of Shakopee, we ask that you please not take away our privilege of having access to our own property for possible future development. Our lots are deep enough to build on the back half, giving us the option of either selling a lot or adding a structure for our own use. The only access we have to our backyard is using 5th Avenue. Many years ago we researched building a garage and were told if we had the permission from the neighbors to drive through 5`i',the city had no problem. While our neighbors said, "go ahead", we decided against building because we would have had to take down many mature trees. Unfortunately, since the storm of May 1998, we no longer have to worry about the trees getting in the way. We lost 26 trees on our property alone. Our property includes a small portion of Jefferson Street that was vacated years ago. At the Planning Commission meeting, they mentioned the expense involved of buying back that small parcel of land that would be 5 Street in order to finish off this road. As the homeowner that owns part of that land, we would be willing to donate this parcel of land back to the city to aid in the upgrade of this road. In closing, once again, as the Mayor of Shakopee, we appeal to your sense of"property owner's rights"and ask that you not take away our privilege of having access to our own property. The vacation of 5th Avenue will decrease the value of our property drastically because any future options we have discussed will be lost forever. ank u, cats vVC.p ue&Duane Marschall 1271 W. 6h Ave. Shakopee MN 55379 952-445-3577 cc Mark McNeil Michael Leek 1s. 3 . 1, CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Director of Natural Resources Subject: Authorization to Advertise for Bids for Hiawatha Park Building Date: June 19, 2000 INTRODUCTION Staff is requesting the City Council's authorization to solicit bids for the construction of a warming house park shelter in Hiawatha Park. BACKGROUND At the April 18, 2000 City Council Meeting, Council directed the appropriate City officials to enter into an agreement with Architect David Darrell to develop plans and specifications for a park shelter building in Hiawatha Park. The project includes the construction of a wood framed building which will consist of restroom facilities, storage and meeting space for people to put their skates on during the winter months. During the summer, the building will be used for playground activities and possibly neighborhood meetings or gatherings. Mr. Darrell has the construction documents ready to advertise for bids. The bid opening will be held Thursday, July 13, 2000 at 10 a.m. at City Hall. The City Council will review the bids at its Tuesday, July 18, 2000 Shakopee City Council Meeting. At that time, the City Council can accept or reject the bids. The architect estimates the cost of the building to range from$95,000 to $120,000. The Parks CIP identifies $150,000 for this project. ALTERNATIVES 1. Authorize the appropriate City officials to solicit bids for the proposed park shelter building in Hiawatha Park. 2. Do nothing. 3. Table for further information from staff. ACTION REQUESTED Move to authorize the appropriate City officials to solicit bids for the improvements proposed Park Shelter Building Project in Hiawatha Park. Mark .McQuillan Natural Resources Director CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Kmart CUP MEETING DATE: June 20, 2000 INTRODUCTION: At its June 6th meeting the Council discussed complaints about noise from speakers in the garden center area, and requested that it be updated on the Board of Adjustments and Appeals' action on the CUP request for the garden center. The Board reviewed the application at its meeting of June 8th. The CUP was granted with the revised condition that the fence be 20 feet tall and constructed of wrought iron. Continental Properties argued against removal of the speakers because of safety concerns, such as the ability to communicate with customers because of fire. The applicants indicated at the meeting that they would continue to work to reduce the level and use of those speakers. The author of this report did visit with the City's Fire Inspector about whether the speakers are required by the fire code, and they do not appear to be mandated by the that code. The zoning code provides the following criteria for exterior storage; Shall not have a public address system which is audible from any residential property; The relevant condition in the CUP resolution adopted last year provides as follows; Shall not have a public address system from any part of the facility which is audible from any residential property.; ACTION REQUESTED: Provide staff with any input or direction the Council may have on the Kmart CUP. /6 R. Michael Leek Community Development Director !S. C .L, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of CRESA Partners/ADC Telecommunications for Simultaneous Review of a Preliminary and Final Plat. MEETING DATE: June 20, 2000 INTRODUCTION: The City Administrator received the attached letter from Linda Lund of CRESA requesting Council consideration of the request for simultaneous plat review. Should the Council approve the request, that approval does not constitute a guarantee that the preliminary and final plat will be approved at the same time. Also,the Council should be aware that the plat applications will not be processed and brought before the Council until the conclusion of the EAW process. ACTION REQUESTED: Offer a motion to either approve or deny the request for concurrent review of a preliminary and final plat for ADC Telecommunications upon completion of the EAW process. R. Michael Leek Community Development Director JUN-14-2000 11:05 CRESA PARTNERS 6123378459 P.02/02 C:RESA • MINNI°.AI'OLIS/S'1'. PAM. Corporate Real Estate Service Advisors CRESA PARTNERS C.R-�-1 E,"S'A 150 South Fifth Street P A R N E R S Suite 3200 __.....,,,_.. _,..._._..- Minneapolis,Minnesota 55402 Mi 6)2.337.8495 fax 612.337.8459 minneepolis@cresapartners.com June 14, 2000 Al I.AN IA Au.,IN i;A1 II,11111 Mark McNeill, City Administrator He+a'Io� City of Shakopee 129 S. Holmes Street t;,N11NA„ Shakopee, MN 55379 t.l rv1'1 AHI I+•�1 1 RE: Preliminary and Final Plat Review n1:Nvl a rgl,l l Dear Mr. McNeill: 111111 C'I'11V As you are aware, ADC Telecommunications,Inc. is in the process of developing a KAN.A. CII Y 490,000sf manufacturing and office facility on a 106 acre parcel in Shakopee formerly I.'+N`I '''AND known as the CAMAS site. Lu'. AN't.1'I I'• ti "`I"I"I Part of this development process requires a preliminary and final review of the proposed plat by the City of Shakopee. On behalf of ADC, I am writing this letter to 1�i1NN1•AI<,1.I,�S 1.PAe1• you to request that the City review the primary and final plat concurrently. It is my N,.,A,,.,,NI N,WI understanding that a request of this nature needs to be approved by the City Council. I N,\V , 101 Y would further ask that this request be brought before the City Council at their next N1•w 011110%N.: meeting scheduled for June 20, 2000. N I.' Y0111( PAI)1 Ant/ ADC's intent is to move this project along as expeditiously as possible. The 11111... 1 mm, development of this facility is critical to ADC's ability to keep pace with their ,111,1 NI, customers' demands and their business growth projections. 1`01111 AND Ilni.rXII/l)un'AM Thank you for your assistance with this matter. Please don't hesitate to contact me 1:1111.111N1' with any questions or comments you may have. I can be reached at 612-373-9181. SAN ANY UN1t1 A N 1)111.0 Sincere SAN FR ANt:1.1 t1 �/V yfl�-d` SAN 1(+51: S1nY"11.1: 11111. Linda Lund ,.,,K„N „ Associate V1111.INIA RI AI'll WANIIINUI'IIN 1).0 C: Michael Leek, City of Shakopee Scott Reinke,ADC Telecommunications, Inc. Jim Rick, ADC Telecommunications, Inc. TOTAL P.02 isc. 3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Tax Levy and Budget MEETING DATE: June 20, 2000 INTRODUCTION/DISCUSSION: By June 30, 2000 the City is required to certify to the Minnesota Department of Revenue whether it intends levy the transit tax locally for taxes payable in the year 2001. Once certification of the City's intent is made,it cannot be reversed for taxes payable in 2001. If the City does not opt to levy the tax locally the Metropolitan Council would levy the tax. Attached for the Council's information is the May 18,2000 letter of the Minnesota Department of Revenue regarding this matter. The City's payable 2000 transit tax levy limit was $459,467.00. The payable 2001 transit tax levy limit would be$536,287.00, an increase of 16.7%. The Council should indicate in its motion whether it intends to levy the limit or some lesser amount. A number of other opt-out communities in the past have chosen to levy somewhat less in recent years. ALTERNATIVES: 1. Offer and approve a Resolution No. 5378 certifying the City of Shakopee's decision to locally levy the transit tax. 2. Offer and approve a revised Resolution No. 5378 certifying the City of Shakopee's decision not to locally levy the transit tax. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and approve Resolution No. 53. 78 certifying the City of Shakopee's decision to locally levy the transit tax, and to direct the appropriate persons to communicate e Council's decision to the Minnesota Department of Revenue by June 30,2000. AP 41111P R. Michael Leek Community Development Director TRANSIT.DOC/ML 1 RESOLUTION NO.5378 A RESOLUTION OF THE CITY OF SHAKOPEE OPTING TO LEVY THE TRANSIT TAX FOR PAYABLE 2001 WHEREAS,the City of Shakopee is required to notify the Minnesota Department of Revenue of it's intention whether to locally levy the transit tax for payable 2001;and WHEREAS,the City Council has found that it is in the City of Shakopee's best interest that the transit tax for payable 2001 be levied locally;and WHEREAS,the City of Shakopee's Payable 2000 Transit Services levy limit is $536,287.00: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the Minnesota Department of Revenue be notified by June 30, 2000,that the City of Shakopee will levy the transit tax in the amount of locally for payable 2001. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S.Holmes Street Shakopee,MN 55379 TRANSIT.DOC/ML 2 MINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340 Phone(651) 296-1963 Fax(651)297-2166 ' u 2 May 18, 2000 �� U ' ey R. Michael Leek, Community Development Director City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1351 Dear Mr. Leek: The payable 2001 transit services levy limitation for operating costs and capital expenditures for the city of Shakopee has been determined. This levy limitation is determined and certified under M.S. 473.388, Subd. 7. The enclosed table shows the determination of this levy limitation. As in the past, this levy limitation amount is before HACA reduction. The statute requires that a municipality which intends to exercise the transit services local levy option for the taxes payable year 2001 must notify the Department of Revenue and the Metropolitan Council of its intent on or before June 30, 2000. The notification must include the amount of the municipality's proposed transit tax for levy year 2000, taxes payable 2001. If your city intends to levy a transit tax under the transit services local levy option for the taxes payable year 2001, please send us a certification of your city's intent along with a certification of your city's proposed payable 2001 transit tax on or before June 30, 2000. The amount of the proposed payable 2001 transit tax certified to the Department of Revenue should be the amount before HACA reduction. If the required certification is not received by the due date, your city may not levy a transit tax for the taxes payable year 2001. After June 30, 2000,your city's decision to levy or not to levy a transit tax for the taxes payable year 2001 is irrevocable. If your city has certified that it intends to levy a transit tax for the taxes payable year 2001, the only change that may be made after June 30, 2000 is to reduce the amount of the transit tax. If you have any questions concerning this letter or the enclosed table, please contact me. Continued... An equal opportunity employer TTY/TDD: (651)215-0069 Sincerely, :216 Mike Bernard Research Analyst Enclosure cc: Richard P. Johnson Tim Fleetham, Budget Coordinator Associate Regional Administrator Metropolitan Council Metropolitan Council "-P� �nyv. � "��� t Uzi r } ti a t .' "� -°"" e a :.�"�„ ,..�� ��€ �s�': i �;+" r m '� � a � Vii`i �w��';� r , o era Cos # -a�J Capi !Expend tures 1. Payable 2000 Levy Limit * $ 459,467 2. Payable 1999 Total Taxable Market Value ** $ 900,985,600 3. Payable 2000 Total Taxable Market Value ** $ 1,051,625,200 4. Payable 2000/Payable 1999 City Market Value Ratio (3/2) 1.167194 5. Payable 2001 Levy Limit (1 x 4) * $ 536,287 * Before HACA reduction. ** Includes tax increment values, fiscal disparity values, and powerline credit values. However, the amounts shown are after(1) limited market value adjustments and (2) market value exclusions for improvements made to qualifying homestead property ("This Old House" exclusions). Prepared by: Minnesota Department of Revenue Property Tax Division May 18, 2000 15 , D. 1. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Accepting Feasibility Report for Trunk Watermain Extension, Project No. 2000-5 DATE: June 20, 2000 INTRODUCTION: Attached is Resolution No. 5376, a resolution receiving a report and calling a hearing for the extension of trunk watermain from Southbridge Parkway to Stagecoach Road. BACKGROUND: On October 19, 1999, the City Council of Shakopee adopted Resolution No. 5245, which ordered the preparation of a feasibility report for the extension of watermain from Southbridge Parkway to Stagecoach Road. The adoption of Resolution No. 5245 was the result of a petition submitted by Shakopee Crossings Limited Partnership, one of the property owners affected by the project. The feasibility report has been completed and is attached for Council acceptance and to set a public hearing date for this project, since there are assessments involved in the funding of the project. The attached resolution sets a date for the public hearing for this project for July 18, 2000. The approval of Resolution No. 5376 does not order the project nor does it commit the Council to construct any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff would make a full presentation at the July 18, 2000 Council public hearing meeting on the feasibility report. SPUC will consider the feasibility report at its first meeting in July and a report on this meeting will be presented to Council at its July 18, 2000 meeting. ALTERNATIVES: 1. Adopt Resolution No. 5376, this action will receive the feasibility report and set the date for the public hearing for July 18, 2000. 2. Deny Resolution No. 5376, this action will halt the project until such time as the City Council reconsiders the resolution. 3. Table Resolution No. 5376, to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5376, as this will allow a public hearing and public input to take place on the proposed improvements ACTION REQUESTED: Offer Resolution No. 5376, A Resolution Receiving a Report and Calling a Hearing on the Trunk Watermain Extension, from Southbridge Parkway to Stagecoach Road, Project No. 2000-5 and move its adoption. Joel Rutherfor Assistant City Engineer BL/pmp MEM5376 RESOLUTION NO. 5376 A Resolution Receiving A Report And Calling A Hearing On An Improvement For A Trunk Watermain Extension, From Southbridge Parkway to Stagecoach Road Project No. 2000-5 WHEREAS, pursuant to Resolution No. 5245 of the City Council adopted October 19, 1999, a report has been prepared by the City Engineer, with reference to the improvement of a trunk watermain extension, from Southbridge Parkway to Stagecoach Road, and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 and this report was received by the Council on June 20, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of a trunk watermain extension, from Southbridge Pakway to Stagecoach Road, and any appurtenant work in acccordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$530,000.00. 2. A public hearing shall be held on such proposed improvements on the 18th day of July, 2000, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 2000-5 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk 1 1 1 Feasibility Report For 1 Trunk Waterman Extension 1 1 From Southbridge Parkway to Stagecoach Road In 1 Section 12, Range 22, Township 115 Scott County, Minnesota 1 1 1 1 June 20, 2000 1 Engineering Department City of Shakopee 129 Holmes Street SHAKOPEE Shakopee, Minnesota 55379 (952) 445-3650 COMMUNITY PRIDE SINCE 1857 1 1 r i 1 FEASIBILITY REPORT FOR TRUNK WATERMAIN EXTENSION, ' FROM SOUTHBRIDGE PARKWAY TO STAGECOACH ROAD IN ' SECTION 12, RANGE 22, TOWNSHIP 115 SHAKOPEE, SCOTT COUNTY, MINNESOTA I ' I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. i Date G.f s`� <-"c3 Registration No. 21843. 111 I JUNE 2000 1 I i I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' TABLE OF CONTENTS FOR THE TRUNK WATERMAIN EXTENSION ' SHAKOPEE, MINNESOTA Description Page No. Introduction 1 Scope 1 Background 1 -2 Improvement Alternatives 2 - 3 ' Opinion of Construction/Project Costs 3 Funding Sources & Special Assessments 3 Conclusions 4 ' Appendix 1 1 i ' City of Shakopee Feasibility Report-Trunk Watermain Extension 1 I INTRODUCTION On October 19, 1999, the City Council of Shakopee adopted Resolution No. 5245, which ' ordered the preparation of a feasibility report for the extension of watermain from Southbridge Parkway to Stagecoach Road. The adoption of Resolution No. 5245 was the result of a petition submitted by Shakopee Crossings Limited Partnership, one of the ' property owners affected by the project. Attached, as Exhibit A, is a drawing showing the location of the proposed project. ' SCOPE ' This report evaluates the feasibility of extending the watermain and connecting to the existing watermain located in Stagecoach Road. Two (2) alternative alignments were evaluated, along with an opinion of the estimated costs, and funding alternatives. ' BACKGROUND The Southbridge development is required to have a looped watermain per the ' requirements of the Shakopee Public Utility Commission. The purpose for the petition submitted by the developer was to provide service to the undeveloped areas and to complete the required loop. Last year, the developer installed a portion of the watermain ' by connecting to the watermain in Southbridge Parkway and extending it to the north along the eastern edge of the Southbridge development. This report includes connecting to what was installed last year to the connection on Stagecoach Road. Attached, as Exhibits D and E, are drawings that show the location of the existing watermain, and the two alignments analyzed for this report. ' The area around the proposed project consists of undeveloped commercial land, undeveloped and developed industrial land, and one rural single-family residence. The undeveloped commercial land is owned by the petitioner, of which a portion has been ' added, recently, to the urban service area. The industrial land is located along the east side of Stagecoach Road, in an area that is currently not within the urban service area. It is expected that the single-family residential home will be removed when the commercial land is developed ' Shakopee Feasibility Re Report-Trunk Watermain Extension June 20,2000 SHAKOPEE ' Page 1 of 4 Both alignments analyzed would provide water availability to at least one of the industrial properties along Stagecoach Road, with one alignment providing availability to at least seven properties. Even though these properties are not in the urban service area, they can still hook up to the water because the MUSA restrictions apply to sanitary sewer connections, not water. However, the City's adopted Assessment Policy states that the "City will not install improvements outside the urban service area." The Council will need to decide whether the City shall deviate from this policy for this project. (Attached, as Exhibit B, is a part of the City's Zoning Map for this area.) IMPROVEMENT ALTERNATIVES ' Alternative No. 1 This alternative connects to the existing watermain at Southbridge, crosses existing County Road 18 (jacking will be done so that the roadway is not disturbed), and extends east and north through the Shakopee Crossings property. At the intersection of Stagecoach Road and 13th Avenue, the pipe will be installed along the eastern side of Stagecoach Road, north underneath the T.H. 169 bypass, and further north until it connects to an existing watermain near the railroad tracks (See Exhibit A). This alternative meets the looping requirement of SPUC, and it provides service availability to the commercial property along with service availability to one industrial property (Cherne). With this alternative, the Shakopee Public Utility Commission will require an additional pipe be installed for a future connection. This 8 inch pipe would extend from within the commercial development, along the edge of the NSP easement, to Stagecoach Road. (Note: When T.H. 169 was constructed, there was watermain pipe installed under the highway, in anticipation of a future water crossing. By connecting to this existing pipe, tthe roadway will not need to be disturbed.) ' Alternative No. 2 This alternative connects to the existing watermain at Southbridge, extends to Stagecoach ' Road along the NSP easement, adjacent to the existing power lines. It crosses Stagecoach i ' City Shakopee Feasibility Report-Trunk Watermain Extension June 20,2000 SHAKOPEE PRIDE SEWS 1857 ' Page 2of4 1 1 1 1 1 1 1 1 1 1 1 1 I I Road and continues northerly along the east side of the road until it connects to the existing watermain(See Exhibit E). This alternative completes the looping, and it provides service availability to the commercial property, along with providing service Iavailability to about seven industrial properties. With this alternative, the Shakopee Public Utility Commission may require an additional 1 12 inch pipe be installed along 13th Avenue. This stub would extend along the north side of the lot located at the southeast corner of 13th Avenue and Stagecoach Road, and end at the lot line. ' An advantage to this alternativeis it provides the least restrictions to future developments. By locating the watermain under the existing towers and along the existing11 I roadway, potential the for future conflicts with the watermain are minimized. OPINION OF CONSTRUCTION/PROJECT COSTS I The construction and project costs for the two alternatives have been estimated, and are summarized below: IAlternative# 1 Alternative#2 Construction Costs $ 400,000.00 $ 424,000.00 IIndirect Costs $ 100,000.00 $ 106,000.00 Total Project Costs $ 500,000.00 $ 530,000.00 1 (Seeitemization of construction and project costs for the two Exhibit C for an Ialternatives.) I FUNDING SOURCES & SPECIAL ASSESSMENTS FUNDING SOURCE ALTERNATIVE ALTERNATIVE INO. 1 COST NO. 2 COST IShakopee Public Utilities Commission $ 36,000.00 $ 43,000.00 Special Assessments $ 464,000.00 $ 487,000.00 ITOTAL OPINION OF COST $ 500,000.00 $ 530,000.00 I I Shakopee Report FeasibilityRepoli-Trunk Watermain Extension 0111.111 June 20,2000 SHAKOPEE COMMUNITY PRIDE SINCE U® I Page 3 of 4 I CONCLUSIONS rThe extension of this watermain is required per the Shakopee Public Utility Commission, and is needed to provide an additional source of water to the Southbridge development. The Shakopee Public Utility Commission has requested that this loop be provided before ' the year 2001. No Tax Levy funds will be used to pay for this project. The benefiting property owners would be assessed approximately 92% of the total project costs, and the Shakopee Public Utility Commission will pay the remaining, or, approximately 8% of the iproject cost. I C 1 1 1 1 ' eShakopee Feasibility Report Report-Trunk Watermain Extension June 20,2000 SHAKOPEE COMMUNITY PRIM SINCE,av Page 4 of 4 I I I I I I I I I I I 1 I I I I I I I APPENDIX Exhibit A—Project Location Map Exhibit B—Zoning Map of Project Location Exhibit C—Opinion of Project Costs IExhibit D—Location Map for Alignment#1 Exhibit E—Location Map for Alignment#2 Exhibit F—Estimated Assessments 1 t 1 I 1 r City of Shakopee Feasibility Report-Trunk Watermain Extension SHAKOPEE I I 1; B l u e ' II Lake : vit NTS. -..., Fisher Ni „, I Lake ;. . . I 0 A i - ii-JR 0 J/, „LT':ir i ,0 C"LITT , v --\ \ \ . as1 \ . , CRETEX AVE - . • 7 N I go & A, - --... .\\,........., •,.., , -,... ,,,..... - ,----, , ‘...„...,--,:....„ s tel., 'S •-•-_-_,A:Z., A a I-<e III 'I • °I-) Co, , I VI g 1 t _ ,. . 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CT. • \ I JACKSON TRAIL ,- --..9e HORIZON I SUN Iii)16 134th ST. Exhibit A - Project Location Map tSLUL / It II ' LAKE lik F F ' 7-------4 FISHER 12 LAKE 1 AG S F I N.T.S.AG B1 N 12 B1 .' le "RN ROJEIT LOCATIV . .4 R . te 4 0 lila/,,iiII 1 B1 k /2:4111111r .), ‘, 1 ill A II 4i A11p NSP BLUE LAKE / „..g.. \_\ SUBSTATION —_ ',—_^\—.\-----------1-1-14111_1_.1-_---1--1 . .,„..ff...-..1-.w 1"”„,''i_ /„. .1-- 111• ^�e PRWROPRW®. OF ,R R 3V, IAA . •42”,4:X:". \ . qv� PARk�gr riii Mffl OM am ism\- #I �C,�,T�11111 X11►� ix 4 1 • Tifk ,'I,1I 4,jay' 14 .,�.. /� _... _. ,o HANSEN AVE11 . �' #�� 1 1 ,•i-w.)//46114, •,,.._'►1�Sie.i►����f�1<<�,A K IRE 1 v4 I 4 riu ittat tafi I i Olt.4.4 A‘, •il Tow -4 Tam mos T, ism !`_ FUTURE CSAR NO. 21 I 1 C`Q MOM 1IIMI © ' i 'PO 1111111 11111111.11 S 111111•1111K 111111•111011•11\ IMMIN 1=1 1 ,W111 1 . 1 C.SAH. NO is 3. S W _1111 RR II W61ain 1 T Exhibit B — Zoning Map of Project Location 1 I I I I I I I I I I I I I I I I I I I I ISOUTHBRIDGE PARKWAY WATERMAIN EXTENSION SHAKOPEE CROSSINGS TO STAGECOACH RD. 1 ALTERNATE#1 I IITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL I MOBLIZATION COMMON EXCAVATION L.S. 1 $ 10,000.00 $ 10,000.00 L.S. 1 $ 12,000.00 $ 12,000.00 CLEAR AND GRUB TREES EACH 10 $ 500.00 $ 5,000.00 I REMOVE/REPLACE EXISTING TREES EACH 10 $ 500.00 $ 5,000.00 CONNECT TO EXISTING WATERMAIN EACH 4 $ 600.00 $ 2,400.00 REMOVE/REINSTALL CHAIN LINK FENCE L.F. 100 $ 15.00 $ 1,500.00 REMOVE/REINSTALL BARB WIRE FENCE L.F. 100 $ 5.00 $ 500.00 I REMOVE/SALVAGE HYDRANT EACH 1 $ 500.00 $ 500.00 6" DIP CL. 52 (W/FITTINGS) L.F. 120 $ 18.00 $ 2,160.00 8"' DIP CL. 52 (W/FITTINGS) L.F. 800 $ 24.00 $ 19,200.00 I 12" DIP CL. 52 (W/FITTINGS) L.F. 5100 $ 31.00 $ 158,100.00 16" DIP CL. 52 (W/FITTINGS) L.F. 1500 $ 38.00 $ 57,000.00 12"GATE VALVE & BOX EACH 5 $ 1,250.00 $ 6,250.00 I 16"GATE VALVE & BOX EACH 3 $ 1,650.00 $ 4,950.00 HYDRANT&VALVE ASSEMBLY EACH 12 $ 1,650.00 $ 19,800.00 JACK AND BORE 30"CLASS B L.F. 140 $ 180.00 $ 25,200.00 30"CASING OPEN CUT L.F. 60 $ 120.00 $ 7,200.00 IJACK AND BORE 24" CLASS B L.F. 70 $ 165.00 $ 11,550.00 AIR RELIEF MANHOLE EACH 2 $ 2.000.00 $ 4,000.00 BLOW OFF ASSEMBLY EACH 2 $ 1,500.00 $ 3,000.00 I TRAFFIC CONTROL L.S. 1 6.1 $ 1,500.00 $ 1,500.00 SEEDING ACRE $ 1,000.00 $ 6,100.00 SUBTOTAL $ 362,910.00 10% CONTINGENCIES $ 36,291.00 SUBTOTAL $ 399,201.00 I 25% INDIRECT COSTS $ 99,800.25 OPINION OF PROJECT COST $ 499,001.25 I Exhibit C —Opinion of Project Cost - Alignment# 1 I I t ISOUTHBRIDGE PARKWAY WATERMAIN EXTENSION SHAKOPEE CROSSINGS TO STAGECOACH RD. IALTERNATE#2 I IITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL I MOBLIZATION L.S. 1 $ 10,000.00 $ 10,000.00 COMMON EXCAVATION L.S. 1 $ 2,000.00 $ 2,000.00 CLEAR AND GRUB TREES EACH 10 $ 500.00 $ 5,000.00 I REMOVE/REPLACE EXISTING TREES EACH 20 $ 500.00 $ 10,000.00 CONNECT TO EXISTING WATERMAIN EACH 4 $ 600.00 $ 2,400.00 REMOVE/REINSTALL CHAIN LINK FENCE L.F. 150 $ 15.00 $ 2,250.00 I REMOVE/REINSTALL BARB WIRE FENCE L.F. 150 $ 5.00 $ 750.00 REMOVE/SALVAGE HYDRANT EACH 1 $ 500.00 $ 500.00 6" DIP CL. 52 (W/FITTINGS) L.F. 130 $ 18.00 $ 2,340.00 I 12" DIP CL. 52 (W/FITTINGS) L.F. 5650 $ 31.00 $ 175,150.00 16" DIP CL. 52 (W/FITTINGS) L.F. 1500 $ 38.00 $ 57,000.00 12" GATE VALVE & BOX EACH 4 $ 1,250.00 $ 5,000.00 16"GATE VALVE& BOX EACH 4 $ 1,650.00 $ 6,600.00 I HYDRANT&VALVE ASSEMBLY EACH L.F. 13 $ 1,650.00 $ 21,450.00 JACK AND BORE 30"CLASS B 140 $ 175.00 $ 24,500.00 30"CASING - OPEN CUT L.F. 60 $ 100.00 $ 6,000.00 I JACK AND BORE 24"CLASS B L.F. 150 $ 165.00 $ 24,750.00 AIR RELIEF MANHOLE EACH 2 $ 2,000.00 $ 4,000.00 BLOW OFF ASSEMBLY EACH 2 $ 1,500.00 $ 3,000.00 I DRIVEWAY RESTORATION S.Y. 250 $ 15.00 $ 3,750.00 TYPE 31 BASE BIT MIX 3"THICK S.Y. 80 $ 8.00 $ 640.00 TYPE 41 WEAR BIT MIX 2"THICK S.Y. 80 $ 6.00 $ 480.00 REMOVE BITUMINOUS S.Y. 300 $ 4.00 $ 1,200.00 I SAWCUT BITUMINOUS L.F. 240 $ 2.50 $ 600.00 CLASS V 100% CRUSHED S.Y. 150 $ 6.00 $ 900.00 CLASS V 100% CRUSHED (DRIVEWAYS) S.Y. 220 $ 4.00 $ 880.00 I TRAFFIC CONTROL SOD L.S. 1 $ 1,500.00 $ 1,500.00 SY 3000 $ 3.00 $ 9,000.00 SEEDING ACRE 4 $ 1,000.00 $ 4,000.00 I SUBTOTAL $ 385.640.00 I 10% CONTINGENCIES $ 38,564.00 SUBTOTAL $ 424,204.00 25% INDIRECT COSTS $ 106,051.00 1 OPINION OF PROJECT COST $ 530,255.00 I Exhibit C—Opinion of Project Cost - Alignment#2 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I EX/ST/NG 12 WATERMA/N COUNNY illitliiiiii RO A., 7O> ; I 1 �. .. is ?i Il j1, ..,,....„-..2.-____;,<----...- = .-% i1 CONNECT To 11 { ' - '/--; WATERMA/N j' • / ; {`{ CHERNE ! [ N.T.S. ,% = i ii ;(, p \\ '� ! i' %-% \.\ /NPLACE 16"CAS/NG PIPE II /.;'/ I, l i - PROPOSED WATERMA/N i; ALIGNMENT 1 \\ WITH 12"D/P WATERMA/N -t i ' „...---' 't: I iJ \\ UND (ANE i� � %/ { 11 ;� _WEST BO j // i\ 11 '��►�� IANE i - 11, I i 1Q- Fii51 BOUND i �- __�---- 1,I I 'II %i// \'\ ---- -� 395\, 13TH AVE. _Y_ r .i ;% 1 y v a a� a. .moi}__!'___ ,'� ,,t,, I j ‘ 1 ii � I ;, i /Ii cY I 1 1.I EX/ST/NG WATEPMA/N ® PROPOSED WATERMA/N — I i 1I AL/GNMENT 11 ^— FUT EOADWAY ,.< I i I PROPOSED WATERMA/N �:' U7 _ I 1 ALIGNMENT/1 J \\ \ % I in E- \: 1 i `� _ hi: I f 1777- I '1 1 EASEMENT ,jam�,.r , r I EX/STING WATERMA/N 1! PROPOSED 8" WATERMA/ / NMENT /1 E J1 i l / / 1IIII ii M•- 1 � i d� ' I, :, % ////ail ' sir 1 1 Exhibit D — Location Map for Alignment #1 l ; I I I I I I I I I I I I I I I I I I I I EX/ST/NG 12" WATERMA/N CpUii N77 y Rp , I Ap 701 1 , ,-.=-- .. , . .,1, I -----' \ l' Tf ?„,________:- }I I',, ! `ti CONNECT TO.\ ,,, i 1\ Ili i' ,% ; WATERMA/N,, ;i' ,, ` CHERNE N.T.S. ;s% �;; 11 ,./ \ 1479 s : 1 ;'; -'PROPOSED WATERMA/N'\• /NPLACE 16"CAS/NG P/PE I • W/TH 12"�D/P WATERMA/N t 69%' ,,;1111,.. AL/GNMENT2 \\ i� i4; ',Iii \\ , WEST BOUND LANE =- \�� ill ,�i, ---------------- �—`--- is `` 91.57-BOUND LANE •,fis I 1 '\\ . fP ROPOSED WA TERMA/N /AL/GWENT/2 ---------------7----:"----- 1,,I, ,i MB \ - 13TH AVE. I 11 \•h-�T7*---r- --- i, -?--------------------- 1-h--*— --------j u- , I C::, M A L le EX/STING WATERMA/N7.:, .,A _ _ I \' ,, , , , L<),\\II i - 1 PK6.,-t'(.45 L) 4/A/cr/MAuV 1 i I FUT EI\ OADWAY 1,"AL/GNMENT/2 I PROPOSED WATERMA/N U1 ; AL/GNMENT/2 ' i '`, # c__, r ; 1 , lot i I r ,...:--- / '(31 I ‘ ‘ 1- --, EX/ST/NG WATERMA/N �Y--..f ...,1--, i 1, ,I ------ ,1/ 1,i 1, / / 7 !rill ii / yr�-) '',`:-•\'• //i/j/? �_- --- r A., \"\,.;, rG j ///I i i 11 p j rrrrri i tri ri i I I Exhibit F-Estimated Assessments I Alignment No.1 Alignment No.2 Estimated Estimated Property Owner PID No. Legal Description Assessment Assessment I WILLIAM K RASMUSSEN 27-070001-0 LOT 1 BLK 1 $ 20,000.00 1425 STAGECOACH RD PATCH 1ST ADDN ' SHAKOPEE MN 55379 PFEIFFER PROPERTIES LLP 27-070001-1 LOT 1 BLK 1 $ 1450 STAGECOACH RD PATCH 1ST ADDN SHAKOPEE MN 55379 I PFEIFFER PROPERTIES LLP 27-070002-0 LOT 2 BLK 1 $ 21,000.00 1450 STAGECOACH RD PATCH 1ST ADDN SHAKOPEE MN 55379 I ROBERT F HAMILL 27-107001-0 LOT 1 BLK 1 $ 9,000.00 1393 STAGECOACH RD A&G 1ST ADDN SHAKOPEE MN 55379 ROBERT F HAMILL 27-107002-0 LOT 2 BLK 1 $ 9,000.00 I 1393 STAGECOACH RD A&G 1ST ADDN SHAKOPEE MN 55379 SUPERIOR SUPPLY COMPANY 27-110001-0 LOT 1 BLK 1 $ 34,000.00 $ 36,000.00 P 0 BOX 975 SUPERIOR SUPPLY 1ST ADDN I MPLS MN 55440 LYING SE OF LINE COM PT ON W LINE 67.46'S OF W COR NE TO PT ON N LINE 92.43'E OF W COR&THERE TER- MINATING&LYING NW OF LIN I STATE OF MINN DEPT OF TRANSP 27-126001-0 LOT 1 BLK 1 $ - TRANSPORTATION BLDG LPV 1ST ADDN ST PAUL MN 55155 I STATE OF MINN DEPT OF TRANSP 27-912010-0 P/O SECT-12 TWP-115 RNG-022 $ - TRANSPORTATION BLDG ST PAUL MN 55155 SHAKOPEE CROSSINGS LTD PTNSHP 27-912021-0 SECT-12 TWP-115 RNG-022 S $ 330,000.00 $ 220,000.00 I 122 W WASHINGTON AVE MADISON WI 53703 E1/4 SW1/4&N1/2 SW1/4 W 1/2 SE1/4 W OF CO RD 89 E X 1.06A RD EX 12.7A RD EX 5.73 HWY EUGENE T HANSEN 27-912022-2 SECT-12 TWP-115 RNG-022 P $ 22,000.00 I 1575 CO RD 18 /0 W1/2 SE1/4&W1/7 E1/2 SHAKOPEE MN 55379 SE1/4 LYING S OF PATCH 1 ST ADD&LYING N OF S 448. 91'&LYINGE OF CL CO RD 89 I RICHARD A&KAREN L CARRON 27-912022-4 SECT-12 TWP-115 RNG-022 P $ 35,000.00 8800 13TH AVE E /0 SE1/4 LYING W E 700'0 SHAKOPEE MN 55379 F N 653.84'OF W1/7 E1/2 SE1/4&N653.84'OF W1/2 SP/4 LYING E OF CO RD 89 I SHAKOPEE CROSSINGS LTD PTNSHP 27-912023-0 SECT-12 TWP-115 RNG-022 S $ 100,000.00 $ 115,000.00 122 W WASHINGTON AVE W1/4 SWt/4 EX.21A(023-1) MADISON WI 53703 EX SOUTHBRIDGE 1ST ADDN I Total 464,000.00 487,000.00 SPUC Oversizing Costs $ 36,000.00 $ 43,000.00 I Project Total $ 500,000.00 $ 530,000.00 I Exhibit F—Estimated Assessments I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1S. D. CITY OF SHAKOPEE CONSE,'\i r Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Purchase of Color Ink Jet Plotter DATE: June 20, 2000 INTRODUCTION Attached to this memo are quotes for the purchase of color ink jet plotter for the Engineering Department and Community Development Department to plat drawings and maps with the various departments. This Council memo is to request Council authorization for the purchase of a new color ink jet plotter to replace the existing plotter in the Engineering Department. BACKGROUND: The Engineering Department currently has a Hewlett Packard color ink jet plotter that is approximately six years old and has performed well. This current plotter has reached its technological life expectancy and no longer can function with the new and improved software packages to produce Engineering drawings in a cost effective manner. Also, the existing plotter may need to have major maintenance and staff feels that investing money in this plotter is not a good expenditure due to its age. In the Engineering Division Budget, under Capital Expenditures, it was budgeted for a new plotter for the department at a cost of$6,000.00. Staff did obtain quotes from suppliers for a new plotter and the quotes are as follows: Business Bid Amount Plotter Trade-In Total Cost Copy Equipment $6,975.00 $1,000.00 $6,363.38 Northstar Repro Products $7,262.00 $ -0- $7,734.03 Advanced Technology $8,026.00 $ -0- $8,547.69 It is recommended that the Engineering Department be authorized to purchase a new color ink jet plotter from Copy Equipment, Inc. at a cost not-to-exceed $6,363.38, with payment to be expended from the Capital Expenditures Fund. Staff believes it is necessary to replace the existing plotter, at this time, so that drawings can be done more cost effectively and timely and to avoid major maintenance expenditures. It should be pointed out that Copy Equipment is willing to give $1,000.00 trade-in for our existing unit while other suppliers were not willing to give any trade-in allowance. ALTERNATIVES: 1. Authorize the purchase of an ink jet plotter from Copy Equipment, Inc. at a cost not-to-exceed $6,363.38. 2. Do not authorize the purchase of a color ink jet plotter at this time. 3. Table for a specific reason. RECOMMENDATION Staff recommends Alternative No. 1, for staff to replace the existing color ink jet plotter with a new and improved plotter to meet the computer platting needs of the Engineering and Community Development Departments. ACTION REQUESTED: Make a motion to authorize staff to purchase the color ink jet plotter from Copy Equipment, Inc. at a cost not-to-exceed $6,363.38.1' ce Loney / Public Works Director BL/pmp PLOTTER /5' / EL , CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: March 21, 2000 INTRODUCTION: Public Work's Maintenance Worker candidates have been reviewed from a previous interview list and Scott County's certification list to fill the position vacated by Michael Nelson. At this time, I am recommending that the City Council authorize the hiring of Kevin Hennes to fill the position. BACKGROUND: In the 2000 Budget, there are eleven Public Works Maintenance Worker positions authorized by City Council. One position was created by the departure of Michael Nelson who resigned June 6, 2000. Staff utilized the Scott County Personnel Department for the selection process and in determining an interview list. The interview panel consisted of the Public Works Director, Public Works Supervisor, Street Lead Person, Park Lead Person and the City Administrator. After reviewing the result of the interview, application and reference check, the recommendation is to hire Kevin Hennes. His anticipated starting date is July 10, 2000 and would be contingent upon his successful pre-employment physical and background check. Budget Impact: The advertised salary range for the Public Works Maintenance Worker position was listed at $14.26 per hour. This position is a non exempt position which allows the employee over time pay and the prospective candidates have agreed to Step 1 of the 2000 Pay Schedule for Public Works employees, as included in the labor agreement which is $14.26 per hour. RECOMMENDATION: Staff recommends the hiring of Kevin Hennes for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Kevin Hennes as Public Works Maintenance Worker and to be hired at Step 1 ($14.26/Hr.) of the 2000 Public Works Union Pay Schedule, effective July 10, 2000, and subject to a successful pre-employment physical and background check. Bruce Loney Public Works Director BL/pmp HIRED Cc: Marilyn Remer, Payroll/Benefits Coordinator /SF / CITY OF SHAKOPEE Memorandum COME Nt TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Debt Service Transfer DATE: May 12, 2000 Introduction & Background The Debt Service Fund for the 1991 Improvement bonds is going into a deficit status . We have been aware of this for a few years and have designated money in the General Fund - Fund Balance to provide for additional support. Not knowing when the transfer would be needed, it was not included in the 2000 budget. Council is asked to authorize the transfer of $180, 000 from the General Fund to the 1991 Improvement fund. More transfers will be needed over the next two years . Action Move to authorize the transfer of $180, 000 from the General Fund to the 1991 Improvement Fund using monies designated in the General Fund for this purpose. Svc . ate gg VOx�land Finance Director C:\gregg\memo\OOtranA X'. F. .2 . CITY OF SHAKOPEE Memorandum rk IE. TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 2001 Assessing Contract DATE: June 8, 2000 Introduction Council approval for an assessing agreement with Scott County for 2001 is requested. Background Attached is the proposed assessment agreement for 2001. The amount is increased from $59, 500 to $64, 900, a 9 . 1% increase. The number of parcels in Shakopee was 7, 937 last year and 8, 658 this year. This is a 0% increase in the per parcel cost, the same as last year. Also authorized by the Legislature is the option to transfer Board of Review duties and powers to the County Board of Equalization. The transfer can be permanent or for a specified number of years. There is a three year minimum for the transfer. Action Move to authorize the proper city officials to execute the assessment agreement with Scott County for the 2001 assessment year in the amount of $64, 900 . Gr ggVoxland Finance Director C:\gregg\memo\assess01 OO FINANCESCTTCDIVISION TAXATION DEPARTMENT witn " " 200 FOURTH AVENUE WEST SHAKOPEE,MN 55379 (952)496-8115 LEROY T.ARNOLDI Fax: (952)496-8135 DEPARTMENT OF TAXATION,DIRECTOR larnoldi@co.scott.mn.us http://www.co.scott.mn.us June 2, 2000 Mark McNeill, Administrator Shakopee City Hall 129 Holmes Street S Shakopee, MN 55379-1351 Dear Mark; Enclosed you will find the original document of the Joint Powers Agreement for assessment year 2001. Please read and sign in the appropriate area on the second page. Return to the Scott County Taxation Department as soon as possible so that we may pass the agreement to the County Board for approval. We will send you a copy of the agreement after all signatures have been obtained. If you have any questions in this regard, feel free to call. Sincerely, aviL Leroy T. Arnoldi Scott County Taxation Director LTA/dh ENC. JOINT POWERS AGREEMENT FOR ASSESSMENT OF THE CITY OF SHAKOPEE THIS JOINT POWERS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, pursuant to Minnesota Statute 273.072 and Minnesota Statute 471.59. WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City of Shakopee by the County Assessor's office; and WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to provide for a fair and equitable assessment of property; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate assessment district, shall have its property assessed by the County Assessor of Scott County, for the assessment year 2001. All work done necessary to the establishment of the estimated market value for each parcel shall be performed by the Scott County Assessor or by one or more of the licensed assessors under his direction and supervision. 2. It is hereby agreed that the City of Shakopee and all of its officers, agents, and employees shall render full cooperation and assistance to said County to facilitate the provision of the services contemplated hereby. 3. In consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of$64,900.00, such payment to be made to the County Treasurer on or before July 15, 2001. 4. The County agrees that in each year of this Agreement it shall, by its County Assessor or one or more of his appraisers, view and determine the market value of at least twenty-five percent (25%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels physically inspected for each year of this agreement. 5. Each named party to this agreement shall be liable for its own acts to the extent provided for by law and hereby agrees to indemnify, hold harmless and defend the other named parties to this agreement, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorney's fees with the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations. This provision to indemnify and hold harmless does not constitute a waiver by any named party to limitations on liability provided by Minnesota Statute Sec. 466. Further, all workers' compensation claims shall be handled in the jurisdiction in which the agent is employed. 6. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Joint Powers Agreement must be approved by the Commissioner of Revenue, State of Minnesota. IN WITNESS WHEREOF,the City of Shakopee has executed this agreement by its Mayor and City Administrator by the authority of its governing body and the County of Scott has executed this agreement by its Chairperson, County Administrator, and County Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby. City of Shakopee: City Mayor/Township Chairperson Date City Administrator Date City/Township Clerk (if applicable) Date County of Scott: Chairperson Date County Board of Commissioners County Administrator Date County Assessor Date This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this day of , Commissioner of Revenue, State of Minnesota Approved as to form: Scott County Attorney Pi 3 . CONSENT,:. RESOLUTION NO. 5374 A RESOLUTION OF SPECIAL COMMENDATION TO JOSEPH HONERMANN Be it remembered that on the 11th day of November, 1974, Joseph Honermann entered City employment and from that date on he has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years. Therefore, be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and do hereby commend Joseph Honermann, for his devotion to duty,his loyalty and his friendship. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 20TH day of June, 2000. Jon P. Brekke, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk 157E q rr RESOLUTION NO. 5375 A RESOLUTION OF SPECIAL COMMENDATION TO TODD BRINKHAUS Be it remembered that on the 1St day of January, 1975, Todd Brinkhaus entered City employment and from that date on he has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years. Therefore, be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and do hereby commend Todd Brinkhaus, for his devotion to duty,his loyalty and his friendship. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20TH day of June, 2000. Jon P. Brekke, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk lS• I� . 67- CITY OF SHAKOPEE Memorandum 4 TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Applications for Wine and Beer Licenses - Perkins Restaurant DATE: June 15, 2000 INTRODUCTION: City Council is requested to table the applications from Perkins Restaurant for wine and 3.2 percent malt liquor licenses. BACKGROUND: The City has received applications from Perkins Restaurant for wine and 3.2 percent malt liquor licenses. There are a number of items involving the application that are not yet in order; in addition, Perkins is making application for a conditional use permit for a Class II Restaurant. Because they will now be serving alcoholic beverages, they must obtain a conditional use permit. Because the required legal notice stated that the applications would be considered by City Council on June 20, 2000, some action must be taken at this meeting. It is appropriate to table the applications to the next city council meeting thereby giving public notice on when action will be taken on the applications. RECOMMENDED ACTION: Move to table the applications from The Restaurant Company dba Perkins Restaurant and Bakery, 1205 1St Avenue East until July 18, 2000. MLA j. J di S. Cox, Cl y Clerk I 5 . F. 6 . CITY OF SHAKOPEE MEMORANDUMCONSENT MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S . Cox, City Clerk RE: 2000/2001 3 . 2 Percent Malt Liquor License Renewals DATE: June 14, 2000 INTRODUCTION The following businesses have applied for a 2000-2001 On and/or Off Sale 3 .2 Percent Malt Liquor License (s) . Staff has checked for delinquent property taxes and utility bills . The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements . I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services . She has advised that the well at Stonebrooke Golf Course has been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. ACTION REQUESTED 1 . Approve the application(s) and grant an On Sale and/or Off Sale 3 .2 Percent Liquor License (s) , to: Application In Order Applicant On Sale Off Sale Yes Speedway SuperAmerica LLC 1155 East 1st Avenue X Yes Magnum Management Corporation d/b/a Valleyfair X One Valleyfair Drive Yes Holiday Stationstores, Inc . X 444 East 1st Avenue Application In Order Applicant On Sale Off Sale Yes Pizza Huts of the Northwest, Inc. X 257 Marschall Road Yes Tom Thumb Food Markets X 590 So. Marschall Road Yes Raceway Park Inc . X One Checkered Flag Blvd. Yes Twin Cities Stores, Inc. X dba Oasis Market #525 1147 Canterbury Road Yes Stonebrooke of Shakopee, Inc. X 2693 County Road 79 Yes Speedway SuperAmerica LLC X 1298 Vierling Drive East Yes Shakopee 1997 LLC X dba Cub Foods 1198 Vierling Drive East Yes Shakopee Jaycees Inc. X Joe Schleper Baseball Stadium at Tahpah Park Yes Speedway SuperAmerica LLC X 1195 Canterbury Road 2 . Waive the requirement of City Code Section 5 . 02, Subd. 9 for Stonebrooke of Shakopee, Inc. Of2c, C Clerk [\jeanette\liquor\memobeer.liq] CITY OF SHAKOPEE MEMORANDUM CI S NT MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 14, 2000 INTRODUCTION AND BACKGROUND Magnum Management Corporation d/b/a Valleyfair has applied for a 2000-2001 On Sale Wine License (and beer license) . Magnum Management Corporation is responsible for the beer and wine licenses . The application and insurance requirements from Magnum Management Corporation for the wine license are in order. ACTION REQUESTED Approve the application and grant a On Sale Wine License to Magnum Management Corporation d/b/a Valleyfair, One Valleyfair Drive. (9426 Ci Clerk ���/// Y JCS/j ms [jeanette\liquor\memobeer.liq] fe: CITY OF SHAKOPEE " — MEMORANDUM C 74: MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 2000/2001 Intoxicating Liquor License Renewals DATE: June 14, 2000 Introduction The following businesses have applied for a 2000-2001 Liquor License (s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements . Two applications are not in order for one of the reasons identified in the preceding paragraph. Council approval of these licenses will be conditioned upon compliance with all City Code requirements . No license will be delivered until the licensee is in compliance with all requirements . I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services . She has advised that the well at Dangerfields and at the KC Hall have been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. (We have been advised that the stock of Riverside Liquors has been sold by Dallas Peter Capesius to Charles P. Capesius) . Recommended Action 1 . Approve the application (s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License (s) , conditioned upon compliance with all City Code requirements, to: Application In Order Applicant On Sale Sunday Off Sale Club Yes Bretbecca, Inc. X X X dba Pullman Club 124 West 1st Avenue Yes Rock Spring Restaurant, X X X Inc. 1561 E. 1st Avenue Application In Order Applicant On Sale Sunday Off Sale Club Yes Babe ' s Place, Inc . X X X 124 South Holmes Yes Canterbury Park X X X Concessions, Inc. 1100 Canterbury Road Yes Dangerfield' s Restaurant X X Inc. 1583 E. 1st Avenue Working Heyde Hospitality Inc . X X On dba Park Inn & Suites 1244 Canterbury Road (includes volleyball court) Yes Turtle ' s Bar and Grill X X Inc. 132 East First Avenue Yes AFFC, Inc . X X dba Arnie ' s Friendly Folks Club 122 East First Avenue Yes Shakopee Ballroom and X X Banquet Center Inc . 2400 4th Avenue Yes Saba Entertainment, LLC X X dba Main Event Sports Bar and Grill 911 East 1st Avenue (includes deck) Yes Pablo' s Mexican Restaurant X Inc. 230 South Lewis Street Working TL Foods, Inc . X X On dba Brew Station 1128 Vierling Drive East Yes Sabroso, Inc . X X 1120 East 16t Avenue Yes Crossroads Liquor of Shakopee LLC X 1262 Vierling Drive East Yes Family Dining Inc. X dba Budget Liquor 6268 Hwy 101 Yes Riverside Liquors, Inc . X 507 E. 1st Avenue Application In Order Applicant On Sale Sunday Off Sale Club Yes Valley Liquor, Inc . X 1104 Minn. Valley Mall Yes MGM Spirits Express, Inc . X dba MGM Liquor Warehouse 471 Marschall Road Yes The American Legion X X Club Post No. 2 1266 East 1st Avenue Yes Knights of Columbus Home X X Assn. , Inc. 1760 East 4th Avenue Yes VFW Post #4046, Inc. X X 1201 East Third Avenue Yes Fraternal Order of Eagles X X #4120 220 2nd Avenue West 2 . Waive the requirement of the City Code Section 5 . 02, Subd. 9 for Dangerfield' s Restaurant Inc . and for Knights of Columbus Home Association, Inc . 3 . Consistent with previous approvals, the following conditions are placed on the approval of the licenses for Saba Entertainment, LLC dba The Main Event Sports Bar and Grill : a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset . b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant ' s failure to comply with any of these conditions shall be grounds for suspension or revocation of the license by the City Council . cam - Y Clerk [I:\jeanette\liquor\memobeer.lig] IS F l". CITY OF SHAKOPEE CE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Squad Car Replacement DATE: June 13, 2000 Introduction & Background A 1999 squad car was recently involved in a crash and the car has been totaled. The city has purchased three squad cars this year from Superior Ford under the state contract. Superior has one car in stock that is almost identical to the cars that were ordered. Insurance proceeds from the 1999 car will be placed in the Equipment Fund. Payment for the new car will be from the Equipment Internal Service Fund. Additional costs include graphics, communications conversion and other equipment. The bid for a full size car is as follows: 2000 Quote $20,921.00 Options: Extended Warranty 1,530.00 Total 22,596.00 Alternatives 1. Buy as per above. 2. Wait for a 2001 model. Recommendation Alternative number 1. Action Move to authorize the purchase of a full size police squad from Superior Ford in the amount of $22,596.00. I � Gregg` c; lan Finance birector C:\gregg\memo\00squad f II 5. F. 10 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: SPUC Property Sale— ADC DATE: June 14, 2000 INTRODUCTION: The Council is asked to approve the sale of 2.744 acres of land to ADC Telecommunications, Inc. for $275,000. BACKGROUND: For several months, the City, SPUC and ADC have been exploring ways to facilitate access into the 106 acre site which would be the location for the new 490,000 sq. ft. ADC development, east of Valley Industrial Boulevard. Access to that site was to come from platted (but unconstructed)Research Drive. However, that would have not lined up with Park Place. Park Place is the street which services two current ADC buildings and the former Tsumura building, which will soon be occupied by ADC. After exploring several options, the solution appears to be for ADC to purchase 2.744 acres of an approximate 4 acre site which is owned by the City, but which has an easement for SPUC utility purposes over it. (There are two wells on the site, located south of Conldin's property). The 2.744 acres will allow a jog in the street so that the Valley Industrial Boulevard intersection with Park Place is at right angles, and will allow for ready access into the ADC site. BUDGET IMPACTS: As part of earlier discussions, an appraisal was done of the site, which showed a value of $240,000. After further discussions with the SPUC commissioners, ADC has agreed to pay $275,000 for the site. While the site is technically that of the City's to sell, it has been treated as SPUC property. (With a recent change in State law, SPUC will be able to own future property in its own name). The intent is that the $275,000 would be available for SPUC to use to purchase a replacement site, probably for future office and customer service center. A purchase agreement is attached, and has been reviewed by the City Attorney. RECOMMENDATION: I recommend approval of the purchase agreement as proposed. ACTION REQUIRED: If Council concurs, it should by motion, authorize execution of the purchase agreement by and between the City of Shakopee and ADC Telecommunications, Inc. for a 2.744 acre parcel of land located east of Valley Industrial Boulevard, for a price of$275,000. vuttariik,ole,at Mark McNeill City Administrator MM/jms 2 MAY-31-2000 13 33 CRESA PARTNERS 6123378459 P.02/17 CRESA • MINNt:AI'ol.ls/Sr. Pnut, Corporate Real Estate Service Advisors CRESA PAtcrNE.I s C.I. E•S.A 150 South Fifth Surat Sults 3200 PARTNERS Minneapolis,Minnesota 55402 tel 612.337.8498 fax 612.337.8459 mi nncapolis@cresepertncts,com May 30, 2000 ATLANTA AuvrlN Mark McNeill,City Administrator r,^I.I IMual City of Shakopee City Attorney comments need to be . nos,. 129 Holmes Avenue incorporated; revised copy Cn^ul;rvre Shakopee, MN 55379 available Tuesday. t:ntt'^l:o t:INC:INNnTI Lou Van Flout,Director cl.rvELANL1 Shakopee Public Utilities Commission 1030 Fourth Avenue I�I N V I:II Shakopee,MN 55379 D1 TRUIT 11ouFriN Dear Mr.McNeill and Mr. Van Hout: IRvINI !CANNA!: r11 Y Enclosed please find the purchase agreement we discussed in regard to the City of Shakopee- Low, kl.ANI, owned land located at 857 Valley Park Drive(adjacent to the new ADC Telecommunications, LOS AN(11:I.I.1 Inc. site). The purchase price offered reflects the fair market value as determined by the MEMFIII.i appraisal completed by Patchin Messner Appraisals,Inc. Mc MI MINNl AFOl,FAST.r^UI. As you are both aware,the site will be used to develop an appropriate access road to the new ADC site. The development of this road will take place in conjunction with the construction Nrwi(,u I Nrw, of ADC's proposed 490,000sf manufacturing and office facility;resulting in the Nov Iraslcv creation/retention of approximately 1,000 jobs and the generation of additional tax base in the future. NEW ORLEANS Nt'w YORK PALO A1TO Pending review by your legal council,we kindly request that the City of Shakopee and the v Shakopee Public Utilities Commission take immediate action to gain approval of the enclosed purchase agreement by your appropriate governing bodies. ADC key contacts and I would be pI•I"`NI happy to present the purchase agreement to the Council and Commission should you feel it °R„'"\"° necessary. In the mean time,please direct all comments and questions regarding the purchase agreement to Kathy Kozak Roberts, Esq., ADC Telecommunications, Inc. Kathy can be reached at 952-914-6313. Thank you for your prompt attention to this matter. SAN ANTONIO SAN IJlacn Sincerely SAN tII:N(;I i'i) SN Itl.i is SEATTI F Linda Lund `1` L"111' Associate To VIN(:INI:\ SI,A('fl Enclosure WNSIIINc:TON D.C: C: Kathy Kozak Roberts, Esq.,ADC Telecommunications,Inc. Clint Baer,Real Estate Transactions Manager, ADC Telecommunications, Inc. MAY-31-2000 13:34 CRESA PARTNERS 6123378459 P.03/17 May 25, 2000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made as of May , 2000, between CITY OF SHAKOPEE, MINNESOTA, 129 Holmes Street, Shakopee, Minnesota 55379, a Minnesota municipal corporation ( "Seller"), SHAKOPEE PUBLIC UTILITIES COMMISSION, 1030 East Fourth Avenue, Shakopee, Minnesota 55379, a Non-Profit Organization in the City of Shakopee, State of Minnesota ("SPUC"), and ADC TELECOMMUNICATIONS, INC., 12501 Whitewater Drive,Minnetonka, Minnesota 55343, a Minnesota corporation("Buyer"). RECITALS WHEREAS,Seller currently owns the Property and desires to sell such Property to Buyer as provided in this Agreement; and WHEREAS, pursuant to Minnesota Statutes, Sections (the "Act") the Seller is authorized to sell the Property as provided in this Agreement; and WHEREAS, Buyer desires to purchase the Property from the Seller as provided in this Agreement; and WHEREAS,SPUC currently uses the Property,without the benefit of any ownership rights, for its business operations on behalf and for the benefit of the Seller; and WHEREAS,both parties desire to have SPUC acknowledge this Agreement between Seller and Buyer. NOW,THEREFORE,in consideration of this Agreement,Seller and Buyer agree,and SPUC acknowledges, as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property(collectively,"Property"): 1.1 Real Property. The real property located at 857 Valley Park Drive in Shakopee,Scott County,Minnesota,consisting of approximately 2.744 acres(119,530+/-square feet) and described on the attached Exhibit A("Land"), together with all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property"). 1.2 Plans. All originals and copies of the as-built blueprints, plans and specifications regarding the Real Property, if any("Plans"). 1.3 Records. All records of Seller regarding the Real Property, including without limitation all records regarding management and leasing, real estate taxes and assessments, ACM Materials, environmental matters, soil conditions, engineering reports, and insurance, , but excluding tax returns and such other records as are 051600 1 MAY-31-2000 13:34 CRESA PARTNERS 6123378459 P.04/17 normally viewed as confidential,provided that such other records are not necessary, in Buyer's reasonable judgment, to the continued operation of the Real Property ("Records"). 2. Purchase Price and Manner of Payment. The total purchase price("Purchase Price")to be paid by Buyer to Seller for the Property shall be Two Hundred Forty Thousand and no/loo Dollars ($240,000.00). The Purchase Price shall be payable as follows: 2.1 Nine Thousand Six Hundred and no/100 Dollars ($9,600.00) as earnest money ("Earnest Money"), which Earnest Money shall be held by First American Title Insurance Company ("Title") in an interest bearing account in accordance Title's standard form of escrow agreement for holding earnest money. All interest accrued on the Earnest Money shall be applied to the Purchase Price on the Closing Date. 2.2 Two Hundred Thirty Thousand Four Hundred and no/looDollars($230,400.00),less the amount of interest accrued on the Earnest Money under Section 2.1,in cash or by wire transfer of U.S. Federal Funds to be received in Title's trust account on or before 5:00 p.m. on the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date,signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date(the "Bring-down Certificate"). 3.2 Title. Title shall have been found acceptable,or been made acceptable,in accordance with the requirements and terms of Section 6 below. 3.3 Performance of Seller's Obligations, Seller Shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: 3.3.1 Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Seller shall make available to Buyer and Buyer's agents without charge all plans and specifications, records, correspondence and such other information as Buyer may reasonably request in Seller's possession relating to the Property and Hazardous Substances affecting the Property; and the right to interviewt hoseemployees of Seller shall a who may have knowledge of such matters. Buyer pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further repair and restore any damage to the Real Property caused 051600 2 MAY-31-2000 13:34 CRESA PARTNERS 6123378459 P.05/17 by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 3.3.2 Seller shall on or before fifteen(15)business days after the date hereof,at its cost and expense, deliver to Buyer a survey (the "Survey") prepared by a registered land surveyor and complying with Minimum Standard Detail Requirements for ALTAJACSM Land Title Surveys(1999)including items 1 through 4, items 6 through 11 and items 14 through 16 of Table A thereof and such other information and containing such other matters as Buyer may reasonably request. 3.3.3 Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all governmental approvals necessary in Buyer's judgment in order to make that use of the Property which Buyer intends. Seller shall further execute all other documents as may be required by governmental bodies to accomplish the foregoing. 3.3.4 On or before the date which is fifteen(15)business days after the date hereof, Seller shall deliver to Buyer true and correct copies of all Plans,Records and Permitted Encumbrances for Buyer's review and analysis. 3.4 Testing. Buyer shall have determined, on or before the Contingency Date,that it is satisfied with the results of and matters disclosed by environmental site assessments, soil tests,engineering inspections,Hazardous Substances and environmental reviews of the Property,all such tests,assessments,inspections and reviews to be obtained at Buyer's sole cost and expense, Buyer shall deliver to Seller and Seller's broker copies of any reports it receives in connection with these assessments, tests, inspections and reviews. 3,5 Document Review. Buyer shall have determined,in its sole judgment,on or before the Contingency Date, that it is satisfied with its review and analysis of the Plans, Records and Permitted Encumbrances. 3.6 Government Approvals. Buyer shall have obtained at its sole cost and expense on or before the Closing Date all final governmental approvals necessary in Buyer's judgment in order to make the use of the Property which Buyer intends. 3.7 Road and Utilities. Buyer shall have determined, in its sole judgment,on or before the Contingency Date,that the Property is or will be,within a time period acceptable to Buyer,serviced by all necessary utilities in order to support Buyer's proposed use, and that all road systems necessary to adequately service Buyer's proposed improvements are, or will be, constructed and that Buyer will have satisfactory access thereto, all without cost to Buyer. 3.8 Pre-Closing Inspection. In addition to Buyer's other inspection and access rights, Buyer may, at a time reasonably acceptable to Seller within three days prior to the Closing Date, inspect the Property to determine that there have been no significant changes in the condition of the Property, except for ordinary wear and tear and 051600 3 MAY-31-2000 13:35 CRESA PARTNERS 6123378459 P.06/17 changes approved by Buyer, occurring after the date on which Seller executes this Agreement, and that Seller has cured, in a good and workmanlike manner, any defects identified by Buyer which Seller elects to cure. The "Contingency Date" shall be that date which is forty-five (45) days after the date on which Seller executes this Agreement. If any such contingency has not been satisfied on or before the Contingency Date or Closing Date, as the case maybe,then this Agreement may be terminated,at Buyer's option,by written notice from Buyer to Seller given not more than five days after the Contingency Date or Closing Date, as the case may be. Upon such termination,the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return,neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of Buyer and Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4, Closin . The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on that date(the"Closing Date")which is forty-five(45)days after the date on which Seller executes this Agreement or,upon five days'written notice to Seller, a sooner date selected by Buyer. The Closing shall take place at 9:00 a.m. local time at the office of Dorsey&Whitney LLP at 220 South Sixth Street,Minneapolis,Minnesota. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 4.1 Seller's Closing Documents. On the Closing Date,Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4,1.1 Deed. A Warranty Deed, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1.2 Title Policy. The Title Policy,or a suitably marked up Commitment for Title Insurance initialed by Title, in the form required by this Agreement. 4.1.3 Bring-down Certificate. The Bring-down Certificate, 4.1.4 Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics'liens could be filed;and that there are no other unrecorded interests in the Real Property,together with whatever standard owner's affidavit and/or indemnity(ALTA Form)which may be required by Title to issue a Title Policy with the standard exceptions waived. 4.1.5 Original Documents. Original copies of the Plans and the Records. 051600 4 MAY-31-2000 13:35 CRESA PARTNERS 6123378459 P.07/17 4.1.6 FIRPTA Affidavit, A non-foreign affidavit, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. 4.1.7 Well Certificate. A Certificate signed by Seller warranting that there are no "wells"on the Property within the meaning of Minn. Stat. §103I or if there are"wells", a Well Certificate in the form required by law. 4.1.8 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Buyer's Closing Documents. On the Closing Date,Buyer will execute and deliver to Seller the following(collectively, "Buyer's Closing Documents"): 4.2.1 Purchase Price. The Purchase Price,by wire transfer of U.S.Federal Funds, to be received in Title's trust account on or before 5:00 p.m. on the Closing Date. 4.2.2 Title Documents. Such affidavits of purchaser,certificates of value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Title Policy required by this Agreement. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5A Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all premiums required for the issuance of the ALTA Owner's Title Policy (the "Title Policy"). Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title. 5.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 5.3 Real Estate Taxes and Special Assessments. Seller will pay,on or before the Closing Date, all special assessments levied,pending,deferred or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in 2000. General real estate taxes and installments of special assessments payable therewith payable in 1999 and all prior years will be paid by Seller. General real estate taxes payable in 2000 shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. 051600 5 MAY-31-2000 13:35 CRESA PARTNERS 6123378459 P.08/17 5.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. 5.5 Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: 6.1 Seller's Title Evidence. Seller shall, within fifteen (15) days after the date of this Agreement, furnish the following (collectively, "Title Evidence")to Buyer: 6.1.1 Title Insurance Commitment. A commitment("Title Commitment") for an ALTA Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning,contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Title, together with copies of all "Schedule B" documents and a special assessments search. The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. 6.1,2 Survey, The Survey. 6.2 Buyer's Objections, Within fifteen (15) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of the Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have fifteen(15) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as described in Section 6.6.2 below if necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to the satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such fifteen (15) day period, Buyer will have the option to do any of the following: 6.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 051600 6 MAY-31-2000 13:36 CRESA PARTNERS 6123378459 P.09/1? 6.2.2 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title,is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title,pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure(including reasonable attorneys'fees)against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 6.2.3 Waive the objections and proceed to close. 6.3 Title Policy. Seller will furnish to Buyer at closing the Title Policy issued by Title pursuant to the Commitment, or a suitably marked Commitment initialed by Title obligating Title to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date(the"Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability. However, Seller shall execute no contracts,leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date,without the written consent of Buyer,which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Statutory City;Authority. The Seller is a statutory city duly organized and existing under the laws of the State of Minnesota. Under the provisions of the Act,the City has the power to enter into this Agreement and carry out its obligations hereunder and those Seller's Closing Documents signed by it; such documents have been duly authorized by all necessary government action on the part of Seller and have been duly executed and delivered; such execution,delivery and performance by Seller of such documents does not conflict with or result in a violation of the Act, or any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 8.2 Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumbrances identified on Exhibit B attached hereto(the"Permitted Encumbrances"). 8.3 Contracts. There are no contracts in effect regarding the Property. 8.4 Leases. There are no leases or possessory rights of others regarding the Real Property. 051600 7 MAY-31-2000 13 36 CRESA PARTNERS 6123378459 P.10/17 8.5 Permits. There are no permits required from any governmental entity in order to own the Property. 8.6 Utilities. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now available to the Real Property. 8.7 Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. 8.8 Environmental Laws. No toxic or hazardous substances or wastes, pollutants or contaminants(including,without limitation,asbestos,urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil,crude oil and various constituents of such products,and any hazardous substance as defined in any Environmental Law (collectively, "Hazardous Substances") have been generated, treated, stored, transferred from, released or disposed of,or otherwise placed,deposited in or located on the Property in violation of any Environmental Law,nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment,storage or disposal facility within the meaning of any Environmental Law. The term "Environmental Law"shall mean any and all federal, state and local laws, statutes, codes, ordinances, regulations, rules, policies, consent decrees, judicial orders, administrative orders or other requirements relating to the environment or to human health or safety associated with the environment, all as amended or modified from time to time.There has been no discharge,release or threatened release of Hazardous Substances from the Property,and there are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any Environmental Law.The Property is not now,and to the best of Seller's knowledge never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 8.9 Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. 8.10 Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. 8.11 FIRPTA. Seller is not a"foreign person", "foreign partnership", "foreign trust"or "foreign estate"as those terms are defined in Section 1445 of the Internal Revenue Code. 8.12 Zonin . There are no violations of any federal, state, local or other governmental building, zoning, health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction, relating to the Property. 051600 8 MAY-31-2000 13:36 CRESA PARTNERS 6123378459 P. 11/17 8.13 Proceedings. There is' no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. 8.14 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing, 8.15 Wells. The Seller certifies and warrants that the Seller does not know of any"wells" on the described Property within the meaning of Minn. Stat. §103I. This representation is intended to satisfy the requirements of that statute. 8.16 Storage Tanks. No above ground or underground tanks are located in or about the Property,or have been located under,in or about the Property and have subsequently been removed or filled. 8.17 Reports. Seller has delivered to Buyer copies of all environmental reports and studies relating to the Property which are in the possession of Seller. 8.18 Wetlands. There does not exist on or contiguous to the Property any portion of a wetland, watercourse, waterbody, floodplain or shoreland district, or tidelands or coastal zone, which is regulated by the Army Corps of Engineers, the Minnesota Department of Natural Resources or any other federal, state or local governmental agency under any Environmental Law. 8.19 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55 Seller represents that there is no "individual sewage treatment system" (within the meaning of that statute) on or serving the Property. Seller will indemnify, and, at Buyer's option, defend, Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages,including reasonable attorneys' fees,that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 9. Condemnation. If,prior to the Closing,eminent domain proceedings are commenced against all or any part of the Property,Seller shall immediately give notice to Buyer of such fact and at Buyer's option(to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money,together with any accrued interest, shall be refunded to Buyer. If Buyer fails to give such notice then there shall be no reduction in the Purchase Price,and Seller shall assign to Buyer at the Closing all of Seller's right,title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing, 051600 9 MAY-31-2000 13:37 CRESA PARTNERS 6123378459 P. 12/17 Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 10. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to defend and indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 11. Assignment. Either party may assign its rights under this Agreement with the prior written consent of the other party before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement, 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto;or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to Seller: City of Shakopee, Minnesota Attention: City Administrator 129 Holmes Avenue Shakopee,Minnesota 55379 With copy to: 051600 10 MAY-31-2000 13:37 CRESA PARTNERS 6123378459 P. 13/17 If to Buyer: ADC Telecommunications, Inc. Attention: Ms. Kathy Kozak Roberts,Esq. 12501 Whitewater Drive Minnetonka,MN 55343 With copy to: ADC Telecommunications, Inc. Attention: Director of Facility Management 12501 Whitewater Drive Minnetonka, MN 55343 If to SPUC; Shakopee Public Utilities Commission Attention: 1030 Fourth Avenue Shakopee, Minnesota 55379 With copy to: Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided,however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change. 14. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 15. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 16. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 17. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 18. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice,this Agreement will terminate,and upon such termination Seller will retain the Earnest Money as liquidated damages,time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be 051600 11 MAY-31-2000 13:37 CRESA PARTNERS 6123378459 P. 14/17 the sole remedy available to Seller for such default by Buyer,and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement. IN WITNESS WHEREOF, the Seller and Buyer have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. Seller: CITY OF SHAKOPEE,MINNESOTA Mayor City Administrator City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of Mav, 2000 by ,the Mayor,City Administrator,and City Clerk of the City of Shakopee, Minnesota, on behalf of the City of Shakopee,Minnesota, Notary Public 051600 12 MAY-31-2000 13:37 CRESA PARTNERS 6123378459 P. 15/17 Buyer: ADC TELECOMMUNICATIONS, INC. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2000 by , the of ADC Telecommunications, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public Acknowledged by: SHAKOPEE PUBLIC UTILITIES COMMISSION, ("SPUC") By Its STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of May , 2000 by ,the ,of Shakopee Public Utilities Commission, a non-profit organization under the State of Minnesota, on behalf of the non-profit organization. Notary Public 051600 13 MAY-31-2000 13:38 CRESA PARTNERS 6123378459 P.16/17 EXHIBIT A Legal Description [To be provided] 051600 - 14- MAY-31-2000 13:38 CRESA PARTNERS 6123378459 P.17/17 EXHIBIT B Permitted Encumbrances [ To be provided ] 051600 - 15 - TOTAL P.17 I Hz L a /1 t W 1 1 1 1 I , 1 1 I f U C I i I O �O L / L , mci, / Q N z U U v I Q tl , 1. I , l i , r_ C. u ______,_.,/ , .— �_ . �.�auUpV�1+2b U ND.JI(J lr 1 . 1 - . O \ID O li L. i, / % tEi E'""11 E / • 4 /// C�� ' \ 0\\NO\24 I� ; a/i i,">' / TCO ♦ I / '/ SYN � / � / I L I U pp / I M f II Y I fr O La ♦ I �T , r1 C 10 F•'+y o l I 0 i; a r // / \ • 4.1 .L 'Ili O 11111-44111:11Sio C CA x N _ /%I a .► % ♦ I •p l ..r l 1- u • o EO I ,2 / / I l W / . . 0 + I a N • �/ ♦ I / ' I / / Z l 1• N --. / r / Y. J —� /. / ' L I llitli Ort / • tal/ / . o°o 4.4 • q / •••• • �� I H i �a./ ;I A o`er •' +7 r / rn 7 —— __- / • / , ; Pop > � a ' r EM I / i Y / (� a d f / /, ' ' Q L / / °' I / < r GI I E �9 I / O L L oI / I +o ► I i �/ • N I C CD r�,jU ; /a ; • I '/ I -N ru F••,� / I j W ; o / N I! , / 41°7 ,• 1 1 o ]' \ r I; // / 1 I +.-. I. , , • I 1 I ,' r:::.) , I (( 1 .. 1 / / / 1 ... / i // it , k. i 1 v / C T._+ LqOL+ - L/ C N I- O Lr- 0 ULC p Q / • L ON- 7- / 7m� 00La. a (.1) Oa7i- C V O 8 t7 U a In O N / U UO O t J lr " a> a� �Z3.p / / x _ O [ ❑ a•} , T_, / 1Z L U /it; L}2 U m L i-__ _ �'•� — - N ti o a) o +-I- t N N U ,• f— 0_ U J 3 a O \� Y C b E 0— 1 0 .o` 0 L N.- J Q CD L C 7 0 I- / 0 D 0 O L. 15 F. JO. City of Shakopee Memorandum To: Mayor and Council From: Mark McNeill, City Administrator Subject: ADC Purchase Agreement Date: June 16, 2000 Comment: As of the time of the assemblage of the Council packet, the attornies for the g City and ADC Telecommunications were still negotiating some of the details of the draft purchase agreement for the 2.744 acre SPUC property. Any revisions will be forwarded to you for your consideration at the 6/20 City Council meeting. n is r Mark McNeill, City Administrator CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 15.F.10-Addendum DATE: June 20, 2000 Councilor Sweeney noted that the action for the action of the sale of the SPUC property to ADC Telecommunications should give direction as to where the$275,000 should be designated. Included in the action should be the following: A motion directing the City's Finance Director to forward to Shakopee Public Utilities the proceeds of the land sale(the $275,000 sales price less City expenses involved with the sale). Mark McNeill City Administrator MM:tw lS r- 10. 0,'! T rV a 1, June 7, 2000 June 16, 2000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made as of June , 2000, between CITY OF SHAKOPEE, MINNESOTA, 129 Holmes Street, Shakopee, Minnesota 55379, a Minnesota municipal corporation( "Seller"), SHAKOPEE PUBLIC UTILITIES COMMISSION, 1030 East Fourth Avenue, Shakopee,Minnesota 55379,a public utility commission organized and existing in accordance with the Shakopee City Code and State Statute Non Profit Organization in the City of Shakopee, State of Minnesota ("SPUC"), and ADC TELECOMMUNICATIONS, INC., 12501 Whitewater Drive, Minnetonka, Minnesota 55343, a Minnesota corporation("Buyer"). RECITALS WHEREAS,Seller currently owns the Property and desires to sell such Property to Buyer as provided in this Agreement; and WHEREAS,pursuant to Minnesota Statutes, Sections Chapter.-412(the "Act")the Seller is authorized to sell the Property as provided in this Agreement; and WHEREAS, Buyer desires to purchase the Property from the Seller as provided in this Agreement; and WHEREAS,SPUC currently uses the Property,without the benefit of any ownership rights, for its business operations on behalf and for the benefit of the Seller; and WHEREAS,both parties desire to have SPUC acknowledge this Agreement between Seller and Buyer. NOW,THEREFORE,in consideration of this Agreement,Seller and Buyer agree,and SPUC acknowledges, as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property(collectively, "Property"): 1.1 Real Property. The real property located at 857 Valley Park Drive in Shakopee,Scott County,Minnesota,consisting of approximately 2.744 acres(119,530+/-square feet) and described on the attached Exhibit A("Land"), together with all easements and rights benefiting or appurtenant to the Land(collectively the"Real Property"). 1.2 Plans. All originals and copies of the as-built blueprints, plans and specifications regarding the Real Property, if any("Plans"). 051600 1 1.3 Records. All records of Seller regarding the Real Property, including without limitation all records regarding management and leasing, real estate taxes and assessments, ACM Materials, environmental matters, soil conditions, engineering reports, and insurance, but excluding tax returns and such other records as are normally viewed as confidential,provided that such other records are not necessary, in Buyer's reasonable judgment, to the continued operation of the Real Property ("Records"). 2. Purchase Price and Manner of Payment. The total purchase price("Purchase Price")to be paid by Buyer to Seller for the Property shall be Two Hundred Seventy-Five Thousand and no/100 Dollars($275,000.00). The Purchase Price shall be payable as follows: 2.1 Nine Thousand Six Hundred and no/1® Dollars ($9,600.00) as earnest money ("Earnest Money"), which Earnest Money shall be held by First American Title Insurance Company ("Title") in an interest bearing account in accordance Title's standard form of escrow agreement for holding earnest money. All interest accrued on the Earnest Money shall be applied to the Purchase Price on the Closing Date. 2.2 Two Hundred Sixty-Five Thousand Four Hundred and no/100 Dollars($265,400.00), less the amount of interest accrued on the Earnest Money under Section 2.1,in cash or by wire transfer of U.S.Federal Funds to be received in Title's trust account on or before 5:00-p.m. on the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date(the "Bring-down Certificate"). 3.2 Title. Title shall have been found acceptable,or been made acceptable,in accordance with the requirements and terms of Section 6 below. 3.3 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: 3.3.1 Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Seller shall make available to Buyer and Buyer's agents without charge all plans and specifications, records, 051600 2 correspondence and such other information as Buyer may reasonably request in Seller's possession relating to the Property and Hazardous Substances affecting the Property; and the right to interview those employees of Seller who may have knowledge of such matters. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 3.3.2 Seller shall in the event Buyer has not caused such Survey, on or before fifteen(15)business days after the date hereof,at itsthe cost and expense of Buyer,deliver to Buyer a survey(the"Survey")prepared by a registered land surveyor and complying with Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys(1999)including items 1 through 4,items 6 through 11 and items 14 through 16 of Table A thereof and such other information and containing such other matters as Buyer may reasonably request. 3.3.3 Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all governmental approvals necessary in Buyer's judgment in order to make that use of the Property which Buyer intends. Seller shall further execute all other documents as may be required by governmental bodies to accomplish the foregoing. 3.3.4 On or before the date which is fifteen(15)business days after the date hereof, Seller shall deliver to Buyer true and correct copies of all Plans,Records and Permitted Encumbrances for Buyer's review and analysis. 3.4 Testing. Buyer shall have determined,on or before the Contingency Date,that it is satisfied with the results of and matters disclosed by environmental site assessments, soil tests,engineering inspections,Hazardous Substances and environmental reviews of the Property,all such tests,assessments,inspections and reviews to be obtained at Buyer's sole cost and expense. Buyer shall deliver to Seller and Seller's broker copies of any reports it receives in connection with these assessments, tests, inspections and reviews. 3.5 Document Review. Buyer shall have determined,in its sole judgment,on or before the Contingency Date, that it is satisfied with its review and analysis of the Plans, Records and Permitted Encumbrances. 3.6 Government Approvals. Buyer shall have obtained at its sole cost and expense on or before the Closing Date all final governmental approvals necessary in Buyer's judgment in order to make the use of the Property which Buyer intends. 051600 3 3.7 Road and Utilities. Buyer shall have determined,in its sole judgment, on or before the Contingency Date,that the Property is or will be,within a time period acceptable to Buyer,serviced by all necessary utilities in order to support Buyer's proposed use, and that all road systems necessary to adequately service Buyer's proposed improvements are, or will be, constructed and that Buyer will have satisfactory access thereto, all without cost to Buyer. 3.8 Pre-Closing Inspection. In addition to Buyer's other inspection and access rights, Buyer may, at a time reasonably acceptable to Seller within three days prior to the Closing Date, inspect the Property to determine that there have been no significant changes in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, occurring after the date on which Seller executes this Agreement, and that Seller has cured, in a good and workmanlike manner, any defects identified by Buyer which Seller elects to cure. The "Contingency Date" shall be that date which is forty-five (45) days after the date on which Seller executes this Agreement. If any such contingency has not been satisfied on or before the Contingency Date or Closing Date,as the case may be,then this Agreement may be terminated,at Buyer's option,by written notice from Buyer to Seller given not more than five days after the Contingency Date or Closing Date, as the case may be. Upon such termination,the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, this Agreement shall be canceled and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of Buyer and Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on that date(the"Closing Date")which is forty-five(45)days after the date on which Seller executes this Agreement or,upon five days'written notice to Seller, a sooner date selected by Buyer. The Closing shall take place at 9:00 a.m. local time at the office of Dorsey&Whitney LLP at 220 South Sixth Street,Minneapolis,Minnesota. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 4.1 Seller's Closing Documents. On the Closing Date,Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4.1.1 Deed. A Warranty Deed, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1.2 Title Policy. The Title Policy,or a suitably marked up Commitment for Title Insurance initialed by Title, in the form required by this Agreement. 051600 4 4.1.3 Bring-down Certificate. The Bring-down Certificate. 4.1.4 Seller's Affidavit. An Affidavit of Title bySeller indicatingthat on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property;that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed;and that there are no other unrecorded interests in the Real Property,together with whatever standard owner's affidavit and/or indemnity(ALTA Form)which may be required by Title to issue a Title Policy with the standard exceptions waived. 4.1.5 Original Documents. Original copies of the Plans and the Records, if available. 4.1.6 FIRPTA Affidavit. A non-foreign affidavit, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. 4.1.7 Well Certificate. A Certificate signed by Seller warranting that there are no "wells"on the Property within the meaning of Minn. Stat. §103I or if there are "wells", a Well Certificate in the form required by law. 4.1.8 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Buyer's Closing Documents. On the Closing Date,Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 4.2.1 Purchase Price. The Purchase Price,by wire transfer of U.S.Federal Funds, to be received in Title's trust account on or before 5:00 p.m. on the Closing Date. 4.2.2 Title Documents. Such affidavits of purchaser,certificates of value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Title Policy required by this Agreement. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all premiums required for the issuance of the ALTA Owner's Title Policy (the "Title Policy"). Seller and Buyer will each pay one-half of any 051600 5 reasonable and customary closing fee or charge imposed by any closing agent designated by Title. 5.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 5.3 Real Estate Taxes and Special Assessments. Seller will pay,on or before the Closing Date,all special assessments levied,pending,deferred or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in 2000. General real estate taxes and installments of special assessments payable therewith payable in 1999 and all prior years will be paid by Seller. General real estate taxes payable in 2000 shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. 5.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. 5.5 Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: 6.1 Seller's Title Evidence. Seller shall, within fifteen (15) days after the date of this Agreement,in the event Buyer has not caused a Title Commitment or Survey,furnish the following(collectively, "Title Evidence")to Buyer: 6.1.1 Title Insurance Commitment. A commitment("Title Commitment")for an ALTA Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning,contiguity,appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Title, together with copies of all "Schedule B" documents and a special assessments search. The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. 6.1.2 Survey. The Survey. 051600 6 6.2 Buyer's Objections. Within fifteen (15) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of the Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have fifteen(15) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as described in Section 6.6.2 below if necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to the satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such fifteen (15) day period, Buyer will have the option to do any of the following: 6.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 6.2.2 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title,is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title,pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure(including reasonable attorneys'fees)against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 6.2.3 Waive the objections and proceed to close. 6.3 Title Policy. Seller will furnish to Buyer at closing the Title Policy issued by Title pursuant to the Commitment, or a suitably marked Commitment initialed by Title obligating Title to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date(the"Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability. However, Seller shall execute no contracts,leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date,without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 051600 7 8.1 Statutory City;Authority. The Seller is a statutory city duly organized and existing under the laws of the State of Minnesota. Under the provisions of the Act,the City has the power to enter into this Agreement and carry out its obligations hereunder and those Seller's Closing Documents signed by it;such documents have been or will be duly authorized by all necessary government action on the part of Seller and have been duly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of the Act,or any judgment,order,or decree of any court or arbiter to which Seller is a party;such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 8.2 Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumbrances identified on Exhibit B attached hereto (the"Permitted Encumbrances"). 8.3 Contracts. To the best of Seller's knowledge, Tthere are no contracts in effect I regarding the Property. 8.4 Leases. To the best of Seller's knowledge,Tthere are no leases or possessory rights of others regarding the Real Property. 8.5 Permits. To the best of Seller's knowledge,Tthere are no permits required from any I governmental entity in order to own the Property. 8.6 Utilities. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now available to the Real Property. 8.7 Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. 8.8 Environmental Laws. No toxic or hazardous substances or wastes, pollutants or contaminants(including,without limitation,asbestos,urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline,fuel oil,crude oil and various constituents of such products,and any hazardous substance as defined in any Environmental Law (collectively, "Hazardous Substances") have been generated, treated, stored, transferred from, released or disposed of,or otherwise placed,deposited in or located on the Property in violation of any Environmental Law,nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment,storage or disposal facility within the meaning of any Environmental Law. The term "Environmental Law" shall mean any and all federal, state and local laws, statutes, codes, ordinances, regulations, rules, policies, consent decrees, judicial orders, administrative orders or other requirements relating to the environment or to human health or safety associated with the environment, all as amended or modified from time to time.There has been no discharge,release or threatened release of Hazardous 051600 8 Substances from the Property,and there are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any Environmental Law. The Property is not now,and to the best of Seller's knowledge never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 8.9 Rights of Others to Purchase Property. To the best of Seller's knowledge,Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. 8.10 Seller's Defaults. To the best of Seller's knowledge, Seller is not in default I concerning any of its obligations or liabilities regarding the Property. 8.11 FIRPTA. Seller is not a"foreign person", "foreign partnership", "foreign trust"or "foreign estate"as those terms are defined in Section 1445 of the Internal Revenue Code. 8.12 Zoning. There are no violations of any federal, state, local or other governmental building, zoning, health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction,relating to the Property. 8.13 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. 8.14 Agents and Employees. To the best of Seller's knowledge,Nno management agents I or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. 8.15 Wells. The Seller certifies and warrants that the Seller does not know of any"wells" on the described Property within the meaning of Minn. Stat. §103I. This representation is intended to satisfy the requirements of that statute. 8.16 Storage Tanks. No above ground or underground tanks are located in or about the Property,or have been located under,in or about the Property and have subsequently been removed or filled. 8.17 Reports. Seller has delivered to Buyer copies of all environmental reports and studies relating to the Property which are in the possession of Seller. 8.18 Wetlands. There does not exist on or contiguous to the Property any portion of a wetland, watercourse, waterbody, floodplain or shoreland district, or tidelands or coastal zone, which is regulated by the Army Corps of Engineers, the Minnesota 051600 9 Department of Natural Resources or any other federal, state or local governmental agency under any Environmental Law. 8.19 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55 Seller represents that there is no "individual sewage treatment system" (within the meaning of that statute) on or serving the Property. Seller will indemnify, and, at Buyer's option, defend, Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages,including reasonable attorneys'fees,that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or-release by Buyer of any claims due to such breach. 9. Condemnation. If,prior to the Closing,eminent domain proceedings are commenced against all or any part of the Property,Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice),this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money,together with any accrued interest,shall be refunded to Buyer. If Buyer fails to give such notice then there shall be no reduction in the Purchase Price,and Seller shall assign to Buyer at the Closing all of Seller's right,title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 10. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to defend and indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 11. Assignment. Either party may assign its rights under this Agreement with the prior written consent of the other party before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto;or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, 051600 10 reputable overnight courier,properly addressed as follows: If to Seller: City of Shakopee, Minnesota Attention: City Administrator 129 Holmes Avenue Shakopee, Minnesota 55379 With copy to: James J Thomson, Esq. Kennedy& Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 051600 11 If to Buyer: ADC Telecommunications, Inc. Attention: Ms. Kathy Kozak Roberts, Esq. 12501 Whitewater Drive Minnetonka,MN 55343 With copy to: ADC Telecommunications, Inc. Attention: Director of Facility Management 12501 Whitewater Drive Minnetonka, MN 55343 If to SPUC: Shakopee Public Utilities Commission Attention: Louis Van Rout 1030 Fourth Avenue Shakopee,Minnesota 55379 With copy to: James J. Thomson, Esq. Kennedy& Graven, Chartered 470 Pillsbury Center 200 South. Sixth Street Minneapolis, MN 55402 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid;provided,however,that if notice is given by deposit,the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten(10) days prior to the effective date of such change. 14. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 15. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 16. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 17. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, 051600 12 and such laws will control its interpretation. 18. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice,this Agreement will terminate,and upon such termination Seller will retain the Earnest Money as liquidated damages,time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer,and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement. If termination of this Agreement occurs for any reason, this Agreement shall be deemed null and void and duly canceled. IN WITNESS WHEREOF, the Seller and Buyer have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. Seller: CITY OF SHAKOPEE, MINNESOTA Mayor City Administrator City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this dayof MayJune,2000 g g g by ,the Mayor,City Administrator,and City Clerk of the City of Shakopee,Minnesota, on behalf of the City of Shakopee, Minnesota. Notary Public 051600 13 Buyer: ADC TELECOMMUNICATIONS, INC. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day ofMa June, 2000 by , the of ADC Telecommunications, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public Acknowledged by: SHAKOPEE PUBLIC UTILITIES COMMISSION, ("SPUC") By Its STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of MayJune,2000 by I ,the ,of Shakopee Public Utilities Commission, a non-profit organization under the State of Minnesota, on behalf of the non-profit organization. Notary Public 051600 14 EXHIBIT A Legal Description [To be provided] 051600 - 16 - EXHIBIT B Permitted Encumbrances [To be provided] 051600 - 17 - - - 1 11 , CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, FROM: Gregg Voxiand, Finance Director SUBJ: 2001 Tentative Budget Calendar DATE: June 9, 2000 Introduction Council is asked to review a tentative calendar of events for the 2001 budget process. Background Attached is a tentative proposed 2001 budget calendar. Some dates will be modified as Council's schedule unfolds and as developments warrant. Of course, Council can change the meeting dates as desired. The Five Year Capital Improvement Plan (CIP)for construction projects is already underway. It is planned that Council will have a joint meeting with the Park Board&Planning Commission on August 8,2000. Projects in the CIP for 2001 will be built into the 2001 budget in the appropriate funds (capital projects funds,sewer fund etc.). The first council meeting on the operating budget is set for August 17th. Previously there has been an early meeting intended to be a general background, idea and directional type meeting. On the June 20th meeting, Council direction is requested on plans and service levels desired (i.e. more or less snow plowing or traffic patrol or park mowing, etc.) Staff has a lot of background information on many subjects. Council should feel free to call department heads for information. If a short meeting with individual Departments or on the budget in general is desired, such as before a council meeting, please contact the City Administrator. The budget worksession's will begin at 4:30, unless another time is desired by the Council. Are there any preliminary directions Council would like to give to staff before starting the operational budget other than the assumed goal of increasing taxes no more than what would be generated by new construction? Alternatives 1.A.Accept tentative budget calendar B. Modify tentative budget calendar Action Requested Discuss and give staff direction. • 2001 BUDGET CALENDAR TENTATIVE Date Who What June 20 Council Preliminary direction on budget plans,ideas,goals. August 8 Council Joint meeting with Planning Commission and Park Board for CIP discussion July 7 Staff Budget request worksheets to departments July 28 Staff Budget worksheets due back to Finance from departments. Aug 1 State Receive Local Govemment Aid state aid figures. Aug 17 Council Worksession on General Fund budget. Aug 24 Council Worksession. — rw 's • Aug 29 Council Worksession. Sept 1 State Receive Homestead/Agricultural Aid state aid figures. County Receive tax capacity numbers(?) Sept 7 Council Worksession&meeting? Adopt proposed maximum tax levy Sept 15 Staff Certify maximum property tax levy to county which will be used for proposed property tax notices. Oct 17 Council Public hearing at Reg.Council l Meeting to discuss Tax Rates. Nov 15 County Proposed tax notices sent to property owners Dec 4 Council Hold actual property tax levy hearing(date reserved for cities). Dec 12 Council Adopt final tax levy and budget Dec 28 Staff Certify final tax levy. *Council can schedule additional dates for worksessions as needed.