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HomeMy WebLinkAbout08/15/2000 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 15, 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: None *8] Approval of Bills in the Amount of$1,473,477.07 9] Public Hearings: A] Issuance of$6,080,000 revenue bonds for St. Gertrude's Health Center—Res. No. 5396 B] Annexation of Weidt Farm located between 10th Avenue and CR 69 - Ord. No. 576 10] Communications 11] Liaison Reports from Council Members 12] General Business A] Police and Fire B] Parks and Recreation X1. Hiawatha Park Project Change Order#1 2. 2001-2005 Parks Capital Improvement Program TENTATIVE AGENDA August 15, 2000 Page 2 12] General Business continued C] Community Development 1. Alternative Urban Area Wide Review(AUAR) for Proposed Valley Green Corporate Center—Res. No. 5397 2. Appeal of Board of Adjustment and Appeals approval of a conditional use permit for auto sales for SA Auto Sales *3. Renaming a Portion of Park Place to Broadband Boulevard—Ord. No. 575 *4. Initiating Vacation of Research Boulevard D] Public Works and Engineering 1. Award Contract for CSAH 17 Landscaping, Project No. 2000-9—Res. No. 5398 2. Grading Permit for Valley Park 12th Addition *3. Parking on One Side Only for Park Place from 12th to Valley Park Drive 4. Right-of-Way Management Fees—Res. No. 5395 *5. Purchase of Box, Hoist, 10' V Plow and Tailgate Sander for Ford Truck E] Personnel 1. Approve Hiring of a Planner I—memo on table *2. Completion of Probation—Cody Horner *3. Police Chief Employment Agreement Modification F] General Administration: 4c 1. Sale of Land—Pablo's Mexican Restaurant 2. Request to Amend Liquor License—Pablo's Mexican Restaurant *3. Application for On Sale and Sunday On Sale Liquor Licenses—Applebee's *4. Authorize Negotiating $2,560,000 GO Improvement Bonds—Res. No. 5402 *5. Application for Tobacco License—Berens *6. Appointment of Election Judges for Primary Election—Res. No. 5396 *7. Set Date to Hold a Franchise Fee Public Information Meeting 8. City Facilities/Locations *9. 2000/2001 Insurance Renewals *10. Adopting Small Cities Program Policies and Procedures—Res. 5399 11. Acquisition of Lot 4, Block 3,Dominion Hills Second as Site for Water Tower and Wells—Res. No. 5401 13] Council Concerns 14] Other Business 15] Adjourn to Thursday, August 17, 2000 at 4:30 p.m. g N`�^ CITY OF SHAKOPEE Con�n-�- r� Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: August 10, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 8/10/2000 . 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 $1, 980 . 97 and the EDA TIF District #10 (code 9447) in the amount of $19, 160 . 93 . 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 $6, 699 . 74 . Action Requested Move to approve the bills in the amount of $1,473, 477 . 07. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/10/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 2,715 43,218 54 12 CITY ADMINISTRATOR 249,600 15,704 157,379 63 13 CITY CLERK 219,290 14,515 101,309 46 15 FINANCE 429,990 13,280 267,862 62 16 LEGAL COUNSEL 298,500 0 207,610 70 17 COMMUNITY DEVELOPMENT 574,780 17,704 299,242 52 18 GENERAL GOVERNMENT BUILDINGS 253,840 13,682 137,139 54 31 POLICE 2,173,740 74,789 1,140,886 52 32 FIRE 705,840 2,283 387,021 55 33 INSPECTION-BLDG-PLMBG-HTG 428,070 18,769 274,807 64 41 ENGINEERING 541,650 25,008 290,423 54 42 STREET MAINTENANCE 904,850 13,345 427,877 47 44 SHOP 156,240 6,521 89,137 57 46 PARK MAINTENANCE 535,430 30,853 292,684 55 91 UNALLOCATED 557,010 -451 217,147 39 TOTAL GENERAL FUND 8,108,960 248,717 4,333,740 53 17 COMMUNITY DEVELOPMENT 509,990 244 164,140 32 TOTAL TRANSIT 509,990 244 164,140 32 19 EDA 247,380 4,217 108,675 44 TOTAL EDA 247,380 4,217 108,675 44 rn . to P4 a 4 waa a a a aaa a a a a aaaaaaaa as a a Cu a as H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N 01 0 -- a w 0 0 CI O aX 0 N Z O 0 z 0 t t 0 W 01 U o HO to r ap 01 0 H N M ,I, 0 0 0 0 0 0 0 0 a1 a1 to tn to r 0 0O O O d' d' d' a'In in to t in 00000000 tomo to N In to MM Z 0 N N > m m MMM M Mm M rrrr rrrr CDa) M d' co M MM H 1.0 Cel M o 0 000 0 o O o 00000000 rr N t to l0 l0 �' h o o 000 O o o O � , rN 0 H in N o 00 Et N. 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Ci. 114 0 rI CO 0 0 0 0 N e r. O 0 2 H= O O CCOa mQO O c c 0 ix w o o w es ril z o .4.kc)Nlo OZO Zam 0 • . • • 0 O N H N r•I III O • .. H >4 CO I H d.m N N a — KC FC * CO co 0 0 cr u u X XI-] •RC N NOO N •• •• •• O 0 0 010100 010101 Hw0 1 cnOX,-i 0000 al vt.H fl Z H •xHx H .. .. .. .. .. .. .. .. .. .. .. (1) a) a) 1.1 4-1 a) a) 'd'd >~ co U i O Z E a)r -) Ca rt E E rt a) a) a) xw O (a U)-ri AS -r1-rl a)J-) JJ U M H C:)W'd rd'd 1J JJ p ) 1-, r-1 0 El• (1) 0 A �.4'd N r- -1 > WO I-i a S-i a) a)a, 'd (1) 3 (I5 >~ X 'd �i` al omni 0 `° w a)• m `n w r-1 CIS ai'd � a w a o o0 ai • n. E a)0 0 )aC4 a) w J... a: co U ta O a: 0 a, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Hearing—St. Gertrude's Health Center Bonds DATE: August 9,2000 INTRODUCTION: The Council is asked to hold a public hearing regarding the St. Gertrude's Health Center bond refunding. BACKGROUND: On July 18th,the City Council heard a request from representatives of St. Gertrude's Health Center,requesting that the City act as a conduit for the refunding of the existing for profit bonds that financed the construction of the St. Gertrude's Health Center (located on the campus of St. Francis Regional Medical Center),now that St. Francis is operated by the Benedictine Health Systems, a non-profit agency. Refunding these two non-profit bonds will greatly assist St. Gertrude's in their finances. See the attached information which was provided to the Council for consideration at the July 18th meeting. In order for this to proceed, a public hearing must be held. Advertisement has been made for the hearing to be held at the August 15th City Council meeting. BUDGET IMPACT: There is no financial impact on the City. St. Gertrude's has agreed to pay all out of pocket costs incurred by the City during this project. RECOMMENDATION: I recommend that the public hearing be held, and then,the Council authorize the bond sale. ACTION REQUIRED: If the Council concurs, it should,by motion, hold the public hearing, and then adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AUTHORIZING THE ISSUANCE,SALE,AND DELIVERY OF ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS (ST. GERTRUDE'S HEALTH CENTER, INC. PROJECT), SERIES 2000, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS 1'" --V 'V Mark McNeill City Administrator MM:tw CC: Lee Larson, St. Gertrudes is is. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: St. Gertrude's Health Center Revenue Bonds DATE: July 13, 2000 INTRODUCTION: The Council is asked to consider authorizing the sale of tax-exempt Health Care Facility Revenue Bonds to benefit St. Gertrude's Health Center in Shakopee. BACKGROUND: Lee Larson, Chief Executive Officer of St. Gertrude's Health Center, has been in contact with City staff concerning the possible refinancing by means of City-issued tax-exempt bonds,to assist St. Gertrude's. St. Gertrude's was constructed in 1995 as a for-profit facility. In 1998, Benedictine Health Care(partial owner of the adjacent hospital facility)purchased it, and has since operated it as a non-profit entity. The bonds to construct the original construction in 1995 were a"for-profit", and those interest rates are adjustable. They are currently at 9.54%, while the market for non-profit bonds is in the low 7%figure. In addition,these were"balloon"bonds, meaning that sometime before January, 2004, St. Gertrude's would have to refmance the balloon maturity due on the note. Finally,there needs to be a permanent financing of a$1 million construction note that was used to expand St. Gertrude's facility last year. PROPOSAL: What is being proposed is that the City would issue a 30-year Health Care Facility Revenue Bond, in the amount of approximately$6.08 million. Of that, $4.4 million will be used to call the current"for-profit" bonds,pay off the short term construction loan, set up a reserve account,and address the costs of issuance. In this arrangement, it is proposed that a one year reserve fund would be established, during which time Benedictine Health Systems would guarantee the bonds. Once there is profitability, and a full guarantee has been made for two fiscal years, St. Gertrude's then would fully back the bonds. We have been advised that the City will have no liability; the City is merely a conduit for these non-profit bonds to be issued. St. Gertrude's has agreed to fully reimburse the City for any costs incurred. The attached information from Miller and Schroeder outlines more of the details of the bonds. Regarding schedule, St. Gertrude's would like to proceed as quickly as possible, to take advantage of a relatively favorable bond market. They are proposing that, if the City Council is in agreement, a resolution giving preliminary authorization for them to proceed be approved at the July 18th meeting. Then, at the August 15th City Council meeting,there would need to be a public hearing,in accordance with Federal Law. If approved by the Council at that time, bonds could be issued,with settlement in September. Elizabeth Hennessy of Miller and Schroeder, and Lee Larson of St. Gertrude's will be in attendance at the July 18th meeting to answer any questions. Note that the request is identical to action that was taken to benefit St. Francis in 1998, when it needed to refinance debt. RECOMMENDATION: I recommend that the City Council approve the concept of issuing bonds to accommodate the refinancing of the St. Gertrude's debt. ACTION REQUIRED: If the Council concurs, it should, by motion,adopt the following resolution: RESOLUTION CALLING FOR A PUBLIC HEARING AND GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, SECTION 469.152 THROUGH 469.165 Mark McNeill City Administrator Miller & Schroeder Financial, Inc. e6iri 150 South Fifth Street,Suite 3000, Minneapolis, MN 55402 612-376-1360/fax: 612-376-1548 /cell: 612-619-8169 E-mail: DKeysser@MillerSchroeder.com R. Donald Keysser Senior Vice President TO: Mark McNeill, City Manager, City of Shakopee Jason Bullard, City Finance Director, City of Shakopee CC: Jim Thomson, Kennedy & Graven BertNorman, Benedictine Health System Lee Larson, St. Gertrude's Health Center DATE: July 12, 2000 RE: City of Shakopee, MN Health Care Facilities Refunding Revenue Bonds (St. Gertrude's Inc. Project) Series 2000 Gentlemen: Thank you very much for your time earlier this afternoon, to discuss the above referenced financing. I am enclosing a draft term sheet for your review, as well as a Distribution List. In essence, here are the particulars of this financing: ➢ Health Dimensions Inc., at that time a for-profit corporation, entered into a taxable construction financing in 1995, for the construction of the St. Gertrude's facility in Shakopee. In 1996, while the facility was still under construction, Health Dimensions sold the facility to Benedictine Health System (BHS), a 501(c)(3) non- profit corporation dedicated to the provision of health services. BHS retained Health Dimensions to manage the facility. In 1998, BHS purchased Health Dimensions itself, and converted it into a 501(c)(3) subsidiary of BHS. ➢ In 1999, St. Gertrude's built an addition onto its facility in Shakopee, for about $1 million, which was financed through a short-term construction loan. ➢ The original 1995 financing was done as a taxable construction/takeout loan, since Health Dimensions at that time was a for-profit corporation, not eligible for tax-exempt financing. This financing was structured as a 25-year amortization, with an eight-year term, and with an annually adjusted interest rate tied to the one-year Treasury. This has two implications for St. Gertrude's: (a) their interest rate is quite high, presently at 9.54%, and (b) sometime before January of 2004, St. Gertrude's will have to refinance the balloon maturity due on the Note. ➢ The bond issue we are proposing would have the following elements: Purpose — refinance the 1995 Note and the 1999 Loan and restructure St. Gertude's debt; create a Reserve Fund; pay costs of issuance. J 30-year, fixed rate. Tax-exempt (federal and state). Structured for sale to both retail and institutional investors. Unrated. Payable from the general corporate credit of St. Gertrude's; secured by a first mortgage on the facility and a one-year Reserve Fund. Further secured by an irrevocable and general obligation of BHS to support the debt service, until the facility reaches an agreed-upon profitability target, at which time the BHS guarantee would expire. ➢ The Bonds would be issued by the City under an Indenture of Trust, and the bond proceeds lent to St. Gertrude under a Loan Agreement. The City would be acting solely as a conduit issuer, with no liability or obligations (identical to the situation with the St. Francis financing a couple of years ago). This refinancing and debt restructuring provides two very important advantages to St. Gertrude's, particularly as it continues in its present plan of streamlining its operations: its annual debt service would be lowered, providing meaningful savings to the Center; and the question of refinancing the balloon mortgage note is resolved, giving St. Gertrude's a locked-in, low and know interest rate for the next 30 years. The fact that BHS will stand behind this debt until profitability targets are met gives us, as the investment bankers, considerable comfort and assurance of the credit strength of this transaction. Our preliminary timetable is to close this bond issue by approximately middle September. That is an aggressive but viable timetable. As part of that schedule, in our phone discussion today, I understand that we agreed to the following points: Preliminary resolution passed by Council at its 7/18 meeting. Notice for public hearing published week of 7/24, in both the Shakopee Valley News and the Star and Tribune. Public hearing held at the 8/15 Council meeting. Final resolution passed at either the 9/5 or 9/19 Council meeting. We will work with Kennedy & Graven as both the city's attorney, and as bond counsel. Our underwriter's counsel will be Briggs and Morgan. My colleague, Liz Hennessee, will be present at the Council meeting on 7/18, to answer any questions. Otherwise, please feel free to contact me prior to that with any questions or discussions. I look forward to a quick and successful closing to this financing. Very truly yours, MILLER &SCHROEDER FINANCIAL R. Donald Keysser 2 rirl Miller & Schroeder Financial, Inc. , F City of Shakopee, Minnesota $6,080,000* Health Care Facilities Refunding Revenue Bonds (St. Gertrude's Health Center, Inc., Project), Series 2000) TERM SHEET GENERAL Issuer: The City of Shakopee, Minnesota ("City"). Borrower/Obligor: St. Gertrude's Health Center, Inc. ("Center"), a 501(c)(3) non-profit Minnesota corporation, incorporated in 1996. The Center owns and operates a 51-bed long-term and transitional care facility ("Project") located on the South Valley Health Campus, within the City. Guarantor: Benedictine Health System, Inc. ("BHS"), a 501(c)(3) non-profit Minnesota corporation, incorporated in 1985. BHS is a regional health care system based in Duluth, Minnesota, and providing acute-care hospital facilities, long-term care facilities and assisted/ independent living facilities throughout the Midwest. Purpose: (a) Refinancing of an outstanding mortgage Note ("1995 Note") entered into in 1995 to finance the original construction of the Project, which Note is prepayable on the first of any month, at par; (b) refinancing of a short-term construction loan ("1999 Loan") entered into in 1999 to finance the construction of an addition to the Project, which loan is prepayable at any time at par; (c) establishment of a Debt Service Reserve Fund; and (d) payment of a portion of the costs of issuance. Project Budget*: Sources of Funds Bonds $6,080,000 Cash from Center 46,843 TOTAL $6,126,843 DRAFT 7/7/00 St Gertrude's Health Center Uses of Funds Refinance 1995 Note 4,400,000 Refinance 1999 Loan 1,000,000 Reserve Fund 500,477 Costs of Issuance 167,280 Original Issue Discount 58,196 Rounding 890 TOTAL 6,126,843 BOND TERMS Par: $6,080,000 (approx.) Structure: Fixed-rate, 30-years maturity. Principal: Term Bonds due 8/1/2005, 8/1/10, 8/1/15, 8/1/20 and 8/1/30; mandatory sinking fund redemptions, providing for level annual amortization; original issue discount available. Dated Date: August 15, 2000. Pricing: Settlement: Interest: February 1, 2001, and every August 1 and February 1 thereafter. Rating: Unrated. Tax: Federal tax-exempt; state tax-exempt; non-BQ; non-AMT. Redemption: Optional redemption: Extraordinary redemption: The Bonds are callable immediately, at par, upon the event of a determination of taxability of the Bonds. The Bonds are callable at par upon the event of a condemnation, destruction, or irreparable damage, with the Trustee Bank named as the additional insured on all property insurance policies. Registration: DTC; book-entry. Denomination: $5,000 increments. Offering: Retail and institutional. Blue Sky: All states. DRAFT—7/7/00 2 St Gertrude's Health Center CREDIT TERMS Source of Payments And Security: The Bonds are a limited obligation of the City, payable solely from payments made to the City by the Center under the terms of a Loan Agreement between the City and the Center. The Bonds are not a general obligation of the City, the State of Minnesota, or any other political entity. The Bonds are a general corporate of the Center, payable from certain Net Revenues of the Center. Net Revenues are defined as: Debt service payments will be made by the Center to the Trustee Bank on a monthly basis. Debt Service Reserve Fund: In addition, the Bonds are payable from, and secured by, any funds held by the Trustee, including the Debt Service Reserve Fund. The Debt Service Reserve (DSR) Fund will be funded from the proceeds of the Bonds, in an amount equal to 100% of the maximum annual debt service on the Bonds, and will be reinvested by and held by the Trustee Bank. First Mortgage: The Bonds are secured by a First Mortgage on the facilities owned by the Center, as well as an assignment of all contracts, agreements, and leases entered into by the Center. Guarantee: The Bonds will be guaranteed as to the prompt and complete payment of debt service by BHS, during the Guarantee Period. To the extent that the Center has insufficient funds to make debt service payments to the Trustee when due, the Trustee will draw the necessary funds from the DSR Fund with which to make that payment. The Center is required to replenish the DSR Fund upon any drawdowns, so that by the next interest payment, the DSR Fund will again be at its required level of 100% of maximum annual debt service. If the Center fails to replenish the DSR Fund within the required six months, BHS will be obligated to immediately replenish the DSR Fund to this required level. During the Guarantee Period, this guarantee from BHS will be a general and irrevocable corporate obligation of BHS. Guarantee Period: The Guarantee Period will commence upon the closing of the Bonds, and will continue in force until the Center is able to demonstrate that it has achieved a Debt Service Coverage Ratio of at least % for two consecutive fiscal years. Upon reaching this target, the Guarantee Period will expire, and the obligation of BHS to support the debt service on the Bonds will be extinguished. DRAFT—7/7/00 3 St Gertrude's Health Center The term Debt Service Coverage Ratio shall be defined as: "Net Income Available for Debt Service" divided by the combined maximum annual debt service on all senior and parity indebtedness of the Center in place at that time. The term "Net Income Available for Debt Service" shall be defined to mean all gross revenues of the Center, less certain defined operating and maintenance expenses, and adding back depreciation, interest expenses and debt amortization. This Debt Service Coverage Ratio analysis shall be certified to by the Chief Financial Officer of BHS, and supported by the Supplemental Schedules to the audited financial statements of BHS for those respective fiscal years. Additional Indebtedness: The Center may incur additional senior indebtedness, on a parity with the Bonds, for any purposes of the Center, so long as the total Debt Service Coverage Ratio for all senior indebtedness of the Center (including the new proposed indebtedness) that is secured by the revenues of the Center, shall equal or exceed % for the two previous fiscal years. The Center is not restricted in issuing new additional indebtedness that is subordinated to the Bonds. The Center is not restricted from entering into equipment leasing financings, so long as the leases are secured only by the equipment being leased, and are not deemed to be senior debt of the Center. Capitalized Interest: There will not be any capitalized interest funded from the proceeds of the Bonds. Covenants: The Center will covenant to: (1) Make all principal and interest payments on the Bonds, promptly when due. (2) Maintain its corporate existence and non-profit 501(c)(3) status. (3) Preserve the tax-exempt status of the Bonds. (4) Establish fees and rates so as to maintain an annual debt service coverage ratio of no less than 125%. (5) Maintain and operate the Project properly, including maintaining adequate property, casualty and liability insurance on the Project. (6) Provide annual audited financial statements of BHS, along with the accompanying Supplemental Schedules, and the Medicare Cost Report, no less than 120 days after the end of each fiscal year, to the Trustee Bank and to the DRAFT—7/7/00 4 St Gertrude's Health Center Underwriters; provide unaudited financial statements on a quarterly basis to the Underwriters, during the Guarantee Period. Assumption/Merger/ Acquisition: There will be no prohibitions against BHS or the Center merging with, or acquiring, another entity, so long as the new resulting entity assumes all of obligations of the Center under the Bonds. Once the Guarantee Period has expired, there will be no prohibition against BHS selling or in any fashion divesting itself of the Center, so long as the Center remains a 501(c)(3) entity, and continues its obligations under the Bonds. If the Guarantee Period is still in effect, BHS may divest itself of the Center in any fashion, so long as its obligations under the Guarantee remain in place. The Center will be limited in its ability to sell or otherwise dispose of any of its assets, so long as the Bonds remain outstanding. PROJECT INFORMATION [here will be a section providing some general summary information on the Center and the St. Gertrude facility, including historical financial numbers, payor mix, occupancy, etc.] GENERAL INFORMATION Underwriter: Miller & Schroeder Financial, Inc., Minneapolis, MN Contact: Don Keysser, 612-376-1360 Bond Counsel: Underwriter's Counsel: Briggs & Morgan, Minneapolis, Minnesota Trustee: DRAFT-7/7/00 5 Miller & Schroeder Financial Inc. L-4411 9 City of Shakopee, Minnesota $6,080,000* Health Care Facilities Refunding Revenue Bonds (St. Gertrude's Health Center, Inc., Project), Series 2000) TERM SHEET GENERAL Issuer: The City of Shakopee, Minnesota ("City"). Borrower/Obligor: St. Gertrude's Health Center, Inc. ("Center"), a 501(c)(3) non-profit Minnesota corporation, incorporated in 1996. The Center owns and operates a 51-bed long-term and transitional care facility ("Project") located on the South Valley Health Campus, within the City. Guarantor: Benedictine Health System, Inc. ("BHS"), a 501(c)(3) non-profit Minnesota corporation, incorporated in 1985. BHS is a regional health care system based in Duluth, Minnesota, and providing acute-care hospital facilities, long-term care facilities and assisted/ independent living facilities throughout the Midwest. Purpose: (a) Refinancing of an outstanding mortgage Note ("1995 Note") entered into in 1995 to finance the original construction of the Project, which Note is prepayable on the first of any month, at par; (b) refinancing of a short-term construction loan ("1999 Loan") entered into in 1999 to finance the construction of an addition to the Project, which loan is prepayable at any time at par; (c) establishment of a Debt Service Reserve Fund; and (d) payment of a portion of the costs of issuance. Project Budget*: Sources of Funds Bonds $6,080,000 Cash from Center 46,843 TOTAL $6,126,843 DRAFT 7/7/00 St Gertrude's Health Center Uses of Funds Refinance 1995 Note 4,400,000 Refinance 1999 Loan 1,000,000 Reserve Fund 500,477 Costs of Issuance 167,280 Original Issue Discount 58,196 Rounding 890 TOTAL 6,126,843 BOND TERMS Par: $6,080,000 (approx.) Structure: Fixed-rate, 30-years maturity. Principal: Term Bonds due 8/1/2005, 8/1/10, 8/1/15, 8/1/20 and 8/1/30; mandatory sinking fund redemptions, providing for level annual amortization; original issue discount available. Dated Date: August 15, 2000. Pricing: Settlement: Interest: February 1, 2001, and every August 1 and February 1 thereafter. Rating: Unrated. Tax: Federal tax-exempt; state tax-exempt; non-BQ; non-AMT. Redemption: Optional redemption: Extraordinary redemption: The Bonds are callable immediately, at par, upon the event of a determination of taxability of the Bonds. The Bonds are callable at par upon the event of a condemnation, destruction, or irreparable damage, with the Trustee Bank named as the additional insured on all property insurance policies. Registration: DTC; book-entry. Denomination: $5,000 increments. Offering: Retail and institutional. Blue Sky: All states. DRAFT—7/7/00 2 St Gertrude's Health Center CREDIT TERMS Source of Payments And Security: The Bonds are a limited obligation of the City, payable solely from payments made to the City by the Center under the terms of a Loan Agreement between the City and the Center. The Bonds are not a general obligation of the City, the State of Minnesota, or any other political entity. The Bonds are a general corporate of the Center, payable from certain Net Revenues of the Center. Net Revenues are defined as: Debt service payments will be made by the Center to the Trustee Bank on a monthly basis. Debt Service Reserve Fund: In addition, the Bonds are payable from, and secured by, any funds held by the Trustee, including the Debt Service Reserve Fund. The Debt Service Reserve (DSR) Fund will be funded from the proceeds of the Bonds, in an amount equal to 100% of the maximum annual debt service on the Bonds, and will be reinvested by and held by the Trustee Bank. First Mortgage: The Bonds are secured by a First Mortgage on the facilities owned by the Center, as well as an assignment of all contracts, agreements, and leases entered into by the Center. Guarantee: The Bonds will be guaranteed as to the prompt and complete payment of debt service by BHS, during the Guarantee Period. To the extent that the Center has insufficient funds to make debt service payments to the Trustee when due, the Trustee will draw the necessary funds from the DSR Fund with which to make that payment. The Center is required to replenish the DSR Fund upon any drawdowns, so that by the next interest payment, the DSR Fund will again be at its required level of 100% of maximum annual debt service. If the Center fails to replenish the DSR Fund within the required six months, BHS will be obligated to immediately replenish the DSR Fund to this required level. During the Guarantee Period, this guarantee from BHS will be a general and irrevocable corporate obligation of BHS. Guarantee Period: The Guarantee Period will commence upon the closing of the Bonds, and will continue in force until the Center is able to demonstrate that it has achieved a Debt Service Coverage Ratio of at least % for two consecutive fiscal years. Upon reaching this target, the Guarantee Period will expire, and the obligation of BHS to support the debt service on the Bonds will be extinguished. DRAFT—7/7/00 3 St Gertrude's Health Center The term Debt Service Coverage Ratio shall be defined as: "Net Income Available for Debt Service" divided by the combined maximum annual debt service on all senior and parity indebtedness of the Center in place at that time. The term "Net Income Available for Debt Service" shall be defined to mean all gross revenues of the Center, less certain defined operating and maintenance expenses, and adding back depreciation, interest expenses and debt amortization. This Debt Service Coverage Ratio analysis shall be certified to by the Chief Financial Officer of BHS, and supported by the Supplemental Schedules to the audited financial statements of BHS for those resective fiscal years. Additional Indebtedness: The Center may incur additional senior indebtedness, on a parity with the Bonds, for any purposes of the Center, so long as the total Debt Service Coverage Ratio for all senior indebtedness of the Center (including the new proposed indebtedness) that is secured by the revenues of the Center, shall equal or exceed % for the two previous fiscal years. The Center is not restricted in issuing new additional indebtedness that is subordinated to the Bonds. The Center is not restricted from entering into equipment leasing financings, so long as the leases are secured only by the equipment being leased, and are not deemed to be senior debt of the Center. Capitalized Interest: There will not be any capitalized interest funded from the proceeds of the Bonds. Covenants: The Center will covenant to: (1) Make all principal and interest payments on the Bonds, promptly when due. (21 Maintain its corporate existence and non-profit 501(c)(3) status. (3) Preserve the tax-exempt status of the Bonds. (4) Establish fees and rates so as to maintain an annual debt service coverage ratio of no less than 125%. (5) Maintain and operate the Project properly, including maintaining adequate property, casualty and liability insurance on the Project. (6) Provide annual audited financial statements of BHS, along with the accompanying Supplemental Schedules, and the Medicare Cost Report, no less than 120 days after the end of each fiscal year, to the Trustee Bank and to the 4 DRAFT—7/7/00 St Gertrude's Health Center Underwriters; provide unaudited financial statements on a quarterly basis to the Underwriters, during the Guarantee Period. Assumption/Merger/ Acquisition: There will be no prohibitions against BHS or the Center merging with, or acquiring, another entity, so long as the new resulting entity assumes all of obligations of the Center under the Bonds. Once the Guarantee Period has expired, there will be no prohibition against BHS selling or in any fashion divesting itself of the Center, so long as the Center remains a 501(c)(3) entity, and continues its obligations under the Bonds. If the Guarantee Period is still in effect, BHS may divest itself of the Center in any fashion, so long as its obligations under the Guarantee remain in place. The Center will be limited in its ability to sell or otherwise dispose of any of its assets, so long as the Bonds remain outstanding. PROJECT INFORMATION (here will be a section providing some general summary information on the Center and the St. Gertrude facility, including historical financial numbers, payor mix, occupancy, etc.] GENERAL INFORMATION Underwriter: Miller & Schroeder Financial, Inc., Minneapolis, MN Contact: Don Keysser, 612-376-1360 Bond Counsel: Underwriter's Counsel: Briggs & Morgan, Minneapolis, Minnesota Trustee: DRAFT—7/7/00 5 RESOLUTION NO. 5396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVER OF ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS (ST. GERTRUDE'S HEALTH CENTER, INC. PROJECT) SERIES 2000, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS WHEREAS, the City of Shakopee, Minnesota (the "City" or the "Issuer"), is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to provide funds to finance any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and WHEREAS, the Act also permits the Issuer to issue its revenue bonds to pay, purchase, defease, or discharge all or any part of the outstanding indebtedness of a contracting party engaged primarily in the operation of one or more nonprofit hospitals or nursing homes previously incurred in the acquisition or betterment of its existing hospital or nursing home facilities; and WHEREAS, the Issuer may enter into a revenue agreement with any person, firm, or public or private corporation so that payments required thereby to be made by the contracting party are fixed and revised as necessary to produce income and revenue sufficient to provide for the prompt payment when due of all principal of and interest on all bonds issued under the Act for the benefit of such contracting party; and WHEREAS, on August 22, 1996, St. Gertrude's Health Center, Inc., a nonprofit corporation organized and existing under the laws of the State of Minnesota(the"Corporation"), acquired a 51-bed long-term and transitional care facility (the "Original Facility") from Health Dimensions, Inc., a Delaware corporation ("Health Dimensions"), and, in conjunction with the acquisition of the Original Facility, agreed to assume the loan obtained on January 31, 1996, by Health Dimensions, in the principal amount of $4,650,000, to finance the acquisition and construction of the Original Facility(the"1996 Loan"); and 1 WHEREAS, in 1999, the Corporation incurred an additional short-term construction loan (the "1999 Loan") to finance the construction of an additional twenty-four beds to the nursing home facility (the Original Facility with the addition constructed in 1999 is referred to herein as the"Facility"); and WHEREAS, the Corporation has requested that the City issue its Health Care Facilities Refunding Revenue Bonds (St. Gertrude's Health Center, Inc. Project), Series 2000 (the `Bonds"), in the original aggregate principal amount not to exceed $6,500,000, to: (i) redeem and prepay the 1996 Loan; (ii) redeem and prepay the 1999 Loan; (iii) fund a Reserve Fund (as defined below)to secure the Bonds; and(iv)pay the costs of issuing the Bonds; and WHEREAS, the proceeds of the Bonds will be loaned to the Corporation pursuant to the terms of a Loan Agreement, dated as of October 1, 2000 (or such other date mutually acceptable to the parties thereto),between the Issuer and the Corporation(the"Loan Agreement"); and WHEREAS, the loan under the terms of the Loan Agreement will be secured by: (i) a Mortgage and Security Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), executed by the Corporation in favor of the Issuer (the "Mortgage"); (ii) an Assignment of Leases and Rents, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), executed by the Corporation in favor of the Issuer (the "Assignment of Leases and Rents"); and (iii) certain other security granted by the Corporation; and WHEREAS, the Bonds will be issued under a Master Trust Indenture, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties thereto), between U.S. Bank Trust National Association, as trustee(the"Trustee") and the Issuer(the "Indenture"); and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenue pledged therefor; (ii) shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; and(iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the issuer's interest in the Facility; and WHEREAS, the loan repayments required to be made by the Corporation under the terms of the Loan Agreement will be assigned to the Trustee under the terms of the Indenture and the Issuer's rights as mortgagee under the Mortgage and the Issuer's rights as assignee under the Assignment of Leases and Rents will be assigned to the Trustee under the terms of an Assignment of Mortgage and Security Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), between the Issuer and the Trustee (the "Assignment of Mortgage"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: 1. The Issuer acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the 2 issuance of the Bonds and the other actions of the Issuer under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount not to exceed $6,500,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the Issuer, with the amendments referenced herein. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and additions (including changes to the original aggregate principal amount of the Bonds, the maturity dates of the Bonds and the principal amount of Bonds maturing on each maturity date, the determination of the interest rates on the Bonds, and the mandatory and optional redemption provisions of the Bonds, including the terms of redemption of the Bonds) as the Mayor and the Administrator of the Issuer (the "Mayor" and "Administrator," respectively), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the Administrator and the delivery of the Bonds by the Issuer shall be conclusive evidence of such determinations. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided by the Corporation pursuant to the Loan Agreement, and other funds pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the Administrator of the Issuer to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds,the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions, and additions as do not materially change the substance thereof, or as the Mayor and the Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. 4. The Mayor and Administrator are hereby authorized and directed to execute and deliver the Loan Agreement,the Mortgage,the Assignment of Leases and Rents,the Assignment of Mortgage, the Escrow Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), among the Issuer, the Corporation, and the Trustee, relating 3 to the defeasance of the 1996 Loan and the 1999 Loan(the "Escrow Agreement"), and the Bond Purchase Agreement, among the Issuer, Miller & Schroeder Financial, Inc. (the "Underwriter"), and the Corporation (the "Bond Purchase Agreement"). All of the provisions of the Loan Agreement, Mortgage, Assignment of Leases and Rents, Assignment of Mortgage, Escrow Agreement, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement,Assignment of Mortgage,Escrow Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and additions as do not materially change the substance thereof, or as the Mayor and the Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. 5. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under the terms of the Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage, and the other sources set forth in the Indenture. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7. The Mayor and Administrator of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the Tax Compliance Certificate, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 1999), and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. If the Issuer, the Corporation, and the Underwriter determine that any of the documents referenced herein are not necessary for the financing transaction contemplated herein, the Issuer shall not execute and deliver such document or documents. 8. The Issuer has not participated in the preparation of the Preliminary Official Statement prepared with respect to the offer and sale of the Bonds (the "Preliminary Official Statement"), or the Official Statement to be prepared with respect to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter in connection with the offer and sale of the Bonds of the Preliminary Official Statement and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer hereby approves the Continuing Disclosure Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), between the Corporation and the 4 Trustee (the "Continuing Disclosure Agreement"), in the form now on file with the Issuer, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 9. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by such members of the City Council,or such officers,board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements,provisions, covenants and representations set forth in such documents,the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 5 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution,to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The officers of the Issuer, bond counsel, other attorneys, engineers, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full,punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which execution or acts shall be valid and binding on the Issuer. If for any reason the Administrator of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk, with the same force and effect as if such documents were executed and delivered by the Administrator of the Issuer. 14. This resolution shall be in full force and effect from and after its passage. 6 Adopted by the City Council of the City of Shakopee this fifteenth day of August,2000. Offered by: Seconded by: Roll call: Mayor Council Secretary CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Shakopee, at a duly authorized meeting thereof held on August 15, 2000. City Clerk RESOLUTION NO. ON l 8� ��6 tfi AS IS 'N QeKKeT" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVER OF ITS HEALTH CARE FACILITIES REFUNDING REVENUE BONDS (ST. GERTRUDE'S HEALTH CENTER, INC. PROJECT) SERIES 2000, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS WHEREAS, the City of Shakopee, Minnesota (the "City" or the "Issuer"), is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to provide funds to finance any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and WHEREAS, the Act also permits the Issuer to issue its revenue bonds to pay, purchase, defease, or discharge all or any part of the outstanding indebtedness of a contracting party engaged primarily in the operation of one or more nonprofit hospitals or nursing homes previously incurred in the acquisition or betterment of its existing hospital or nursing home facilities; and WHEREAS, the Issuer may enter into a revenue agreement with any person, firm, or public or private corporation so that payments required thereby to be made by the contracting party are fixed and revised as necessary to produce income and revenue sufficient to provide for the prompt payment when due of all principal of and interest on all bonds issued under the Act for the benefit of such contracting party; and WHEREAS, on August 22, 1996, St. Gertrude's Health Center, Inc., a nonprofit corporation organized and existing under the laws of the State of Minnesota(the "Corporation"), acquired a 51-bed long-term and transitional care facility (the "Original Facility") from Health Dimensions, Inc., a Delaware corporation ("Health Dimensions"), and, in conjunction with the acquisition of the Original Facility, agreed to assume the loan obtained on January 31, 1996, by Health Dimensions, in the principal amount of $4,650,000, to finance the acquisition and construction of the Original Facility(the"1996 Loan"); and 1 WHEREAS, in 1999, the Corporation incurred an additional short-term construction loan (the "1999 Loan") to finance the construction of an additional twenty-four beds to the nursing home facility (the Original Facility with the addition constructed in 1999 is referred to herein as the "Facility"); and WHEREAS, the Corporation has requested that the City issue its Health Care Facilities Refunding Revenue Bonds (St. Gertrude's Health Center, Inc. Project), Series 2000 (the "Bonds"), in the original aggregate principal amount not to exceed $6,500,000, to: (i) redeem and prepay the 1996 Loan; (ii) redeem and prepay the 1999 Loan; (iii) fund a Reserve Fund (as defined below)to secure the Bonds; and(iv)pay the costs of issuing the Bonds; and WHEREAS, the proceeds of the Bonds will be loaned to the Corporation pursuant to the terms of a Loan Agreement, dated as of October 1, 2000 (or such other date mutually acceptable to the parties thereto), between the Issuer and the Corporation(the"Loan Agreement"); and WHEREAS, the loan under the terms of the Loan Agreement will be secured by: (i) a Mortgage and Security Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), executed by the Corporation in favor of the Issuer (the "Mortgage"); (ii) an Assignment of Leases and Rents, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), executed by the Corporation in favor of the Issuer (the "Assignment of Leases and Rents"); and (iii) certain other security granted by the Corporation; and WHEREAS, the Bonds will be issued under a Master Trust Indenture, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties thereto), between U.S. Bank Trust National Association, as trustee (the "Trustee") and the Issuer(the"Indenture"); and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenue pledged therefor; (ii) shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; and(iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the issuer's interest in the Facility; and WHEREAS,the loan repayments required to be made by the Corporation under the terms of the Loan Agreement will be assigned to the Trustee under the terms of the Indenture and the Issuer's rights as mortgagee under the Mortgage and the Issuer's rights as assignee under the Assignment of Leases and Rents will be assigned to the Trustee under the terms of an Assignment of Mortgage and Security Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), between the Issuer and the Trustee (the "Assignment of Mortgage"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The Issuer acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the 2 issuance of the Bonds and the other actions of the Issuer under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount not to exceed $6,500,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the Issuer, with the amendments referenced herein. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and additions (including changes to the original aggregate principal amount of the Bonds, the maturity dates of the Bonds and the principal amount of Bonds maturing on each maturity date, the determination of the interest rates on the Bonds, and the mandatory and optional redemption provisions of the Bonds, including the terms of redemption of the Bonds) as the Mayor and the Administrator of the Issuer (the "Mayor" and "Administrator," respectively), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the Administrator and the delivery of the Bonds by the Issuer shall be conclusive evidence of such determinations. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided by the Corporation pursuant to the Loan Agreement, and other funds pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the Administrator of the Issuer to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds,the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions, and additions as do not materially change the substance thereof, or as the Mayor and the Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. 4. The Mayor and Administrator are hereby authorized and directed to execute and deliver the Loan Agreement, the Mortgage,the Assignment of Leases and Rents, the Assignment of Mortgage, the Escrow Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), among the Issuer, the Corporation, and the Trustee, relating 3 to the defeasance of the 1996 Loan and the 1999 Loan(the "Escrow Agreement"), and the Bond Purchase Agreement, among the Issuer, Miller & Schroeder Financial, Inc. (the "Underwriter"), and the Corporation (the "Bond Purchase Agreement"). All of the provisions of the Loan Agreement, Mortgage, Assignment of Leases and Rents, Assignment of Mortgage, Escrow Agreement, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, Assignment of Mortgage, Escrow Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and additions as do not materially change the substance thereof, or as the Mayor and the Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. 5. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under the terms of the Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage, and the other sources set forth in the Indenture. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7. The Mayor and Administrator of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the Tax Compliance Certificate, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 1999), and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. If the Issuer, the Corporation, and the Underwriter determine that any of the documents referenced herein are not necessary for the financing transaction contemplated herein, the Issuer shall not execute and deliver such document or documents. 8. The Issuer has not participated in the preparation of the Preliminary Official Statement prepared with respect to the offer and sale of the Bonds (the "Preliminary Official Statement"), or the Official Statement to be prepared with respect to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter in connection with the offer and sale of the Bonds of the Preliminary Official Statement and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer hereby approves the Continuing Disclosure Agreement, dated as of October 1, 2000 (or such other date that is mutually acceptable to the parties), between the Corporation and the 4 Trustee (the "Continuing Disclosure Agreement"), in the form now on file with the Issuer, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 9. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by such members of the City Council, or such officers,board,body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 5 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution,to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The officers of the Issuer, bond counsel, other attorneys, engineers, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which execution or acts shall be valid and binding on the Issuer. If for any reason the Administrator of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk, with the same force and effect as if such documents were executed and delivered by the Administrator of the Issuer. 14. This resolution shall be in full force and effect from and after its passage. 6 Adopted by the City Council of the City of Shakopee this fifteenth day of August, 2000. Offered by: Seconded by: Roll call: Mayor Council Secretary CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Shakopee, at a duly authorized meeting thereof held on August 15,2000. City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Economic Development Advisory Committee SUBJECT: Recommendation regarding location of new City Hall and Library MEETING DATE: August 15,2000 Introduction&Background: At its July 11th meeting the Economic Development Advisory Committee considered the potential economic impacts of moving city hall and the library out the downtown district. After considerable discussion, the committee agreed these institutions should remain in the downtown area for their synergistic benefit to the downtown economy. The committee also unanimously passed a motion recommending that the City Council consider the negative impact of moving city hall and the library out of downtown, and that downtown be regarded as the preferred location for these institutions. Discussion: The EDAC proposes that the City Council not only consider the fiscal impacts(costs of acquisition&construction)of a new city hall, library and other facilities,but also consider the economic effects of moving the city hall and library facilities out of the downtown area.From an economic development/downtown revitalization perspective, it makes sense to keep institutions such as city hall and the library(also the post office,county government center, and historical society)in the downtown area. The foremost effort in any economic development program, including downtown revitalization programs, is to retain existing employers/businesses and investment. The EDAC believes that retaining institutions,and specifically city hall and the library, is important for the overall health of downtown Shakopee for the following reasons: • City Hall and the library are major"anchors"of downtown Shakopee.That is,they generate a significant part of downtown's market through the employees and users of these facilities(City Hall is also one of the largest downtown employers). Taking these facilities and the corresponding jobs and users out of downtown will lead to fewer visitors and consumer spending in the district, significantly reducing downtown's market viability, and rendering River City Centre and other downtown properties less attractive for retail/commercial and real estate investment. • Downtown serves as a"one-stop-shop"for government services with County and City offices and the library located there. Taking city hall and the library out of downtown will take away this unique public services"clustering"feature of downtown. dtcityhallmo.doc • Downtowns are at their economically healthiest when they have a variety of uses... retail,services,professional,entertainment,government/institutional,etc.Taking city hall and the library out of downtown Shakopee will reduce the variety of uses and economic diversity there,making downtown more dependent on a lesser array of uses. • If city hall and the library are taken out of downtown, leading to the decline of the district,the city will likely incur more costs related to redevelopment and revitalization than it otherwise would had these facilities remained downtown. • One of Shakopee's greatest qualities as a metropolitan community is that it still has a "traditional"downtown. Traditional downtowns more often than not include government services.Downtown Shakopee is the traditional government center of Shakopee and Scott County.Moving city hall and the library from downtown will further diminish this attribute of Shakopee's downtown. • The presence of city hall and the library downtown signifies the City's support for a strong,vibrant center of the community that retains its sense of place.Evidence of this is Paragon Bank's(Wells,MN)recent decision to locate a facility in downtown. Bank officials cite that their location decision was based not only on downtown having a number of potential small business customers, but also on the fact that downtown has several institutional traffic generators such as city hall,the library,and county government center that comprise a sizeable market from which to draw.If city hall and the library are removed from the downtown,the perception will be that the city does not support the district and that downtown is a questionable investment, specifically for new and expanding businesses. • The City has invested significantly over the last 15 years to enhance downtown both physically and economically.Among these efforts(and dollars spent)are 1.)the mini- bypass;2.)the late-1980s streetscape project;3.)the investment in River City Centre, and 4.)the Small Cities Development Program. Moving city hall and the library from downtown would destabilize the district,reducing the effectiveness of these investments. • The City was resolute in its position that Scott County retain its expanded government center in the downtown area.Relocating city hall and the library outside of downtown would be contradictory to this position. Economic Development Advisory Committee Recommendation: The Economic Development Advisory Committee recommends that the City Council, as it progresses through the site selection process for new city facilities, consider the negative economic impact of moving city hall and the library out of the downtown,and that downtown be regarded as the preferred location for a new city hall and library,especially in light of: 1. The City's position that Scott County retain its government center in the downtown district,and 2. The City's long-term interest in the success of River City Centre. dtcityhallmo.doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Economic Development Advisory Committee SUBJECT: Recommendation regarding location of new City Hall and Library MEETING DATE: August 15,2000 Introduction&Background: At its July 1 1th meeting the Economic Development Advisory Committee considered the potential economic impacts of moving city hall and the library out the downtown district. After considerable discussion, the committee agreed these institutions should remain in the downtown area for their synergistic benefit to the downtown economy. The committee also unanimously passed a motion recommending that the City Council consider the negative impact of moving city hall and the library out of downtown, and that downtown be regarded as the preferred location for these institutions. Discussion: The EDAC proposes that the City Council not only consider the fiscal impacts(costs of acquisition&construction)of a new city hall, library and other facilities,but also consider the economic effects of moving the city hall and library facilities out of the downtown area.From an economic development/downtown revitalization perspective, it makes sense to keep institutions such as city hall and the library(also the post office, county government center,and historical society)in the downtown area.The foremost effort in any economic development program, including downtown revitalization programs, is to retain existing employers/businesses and investment.The EDAC believes that retaining institutions,and specifically city hall and the library, is important for the overall health of downtown Shakopee for the following reasons: • City Hall and the library are major"anchors"of downtown Shakopee.That is,they generate a significant part of downtown's market through the employees and users of these facilities(City Hall is also one of the largest downtown employers).Taking these facilities and the corresponding jobs and users out of downtown will lead to fewer visitors and consumer spending in the district,significantly reducing downtown's market viability,and rendering River City Centre and other downtown properties less attractive for retail/commercial and real estate investment. • Downtown serves as a"one-stop-shop"for government services with County and City offices and the library located there.Taking city hall and the library out of downtown will take away this unique public services"clustering"feature of downtown. dtcityhallmo.doc • Downtowns are at their economically healthiest when they have a variety of uses... retail, services,professional, entertainment,government/institutional,etc. Taking city hall and the library out of downtown Shakopee will reduce the variety of uses and economic diversity there,making downtown more dependent on a lesser array of uses. • If city hall and the library are taken out of downtown, leading to the decline of the district,the city will likely incur more costs related to redevelopment and revitalization than it otherwise would had these facilities remained downtown. • One of Shakopee's greatest qualities as a metropolitan community is that it still has a "traditional"downtown. Traditional downtowns more often than not include government services.Downtown Shakopee is the traditional government center of Shakopee and Scott County. Moving city hall and the library from downtown will further diminish this attribute of Shakopee's downtown. • The presence of city hall and the library downtown signifies the City's support for a strong,vibrant center of the community that retains its sense of place.Evidence of this is Paragon Bank's(Wells,MN)recent decision to locate a facility in downtown. Bank officials cite that their location decision was based not only on downtown having a number of potential small business customers, but also on the fact that downtown has several institutional traffic generators such as city hall,the library, and county government center that comprise a sizeable market from which to draw.If city hall and the library are removed from the downtown,the perception will be that the city does not support the district and that downtown is a questionable investment, specifically for new and expanding businesses. • The City has invested significantly over the last 15 years to enhance downtown both physically and economically.Among these efforts(and dollars spent)are 1.)the mini- bypass;2.)the late-1980s streetscape project; 3.)the investment in River City Centre, and 4.)the Small Cities Development Program. Moving city hall and the library from downtown would destabilize the district,reducing the effectiveness of these investments. • The City was resolute in its position that Scott County retain its expanded government center in the downtown area.Relocating city hall and the library outside of downtown would be contradictory to this position. Economic Development Advisory Committee Recommendation: The Economic Development Advisory Committee recommends that the City Council, as it progresses through the site selection process for new city facilities, consider the negative economic impact of moving city hall and the library out of the downtown, and that downtown be regarded as the preferred location for a new city hall and library,especially in light of: 1. The City's position that Scott County retain its government center in the downtown district,and 2. The City's long-term interest in the success of River City Centre. dtcityhallmo.doc 9. 8. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Hearing—Weidt Farm Annexation DATE: August 10, 2000 INTRODUCTION: The Council is asked to hold a public hearing to consider the possible annexation of an approximate 4 acre parcel of land which is owned by Weidt Family Limited Partnership. BACKGROUND: Weidt Family Limited Partnership consists of John Weidt as the General Partner, and Christina Weidt as a Limited Partner. As part of earlier discussions with annexation with Jackson Township,the Council expressed a desire to have annexed into the City of Shakopee the above property, which is a farm completely surrounded by the City of Shakopee(bounded on the north and east by C.R. 69, and generally located across 10th Avenue from the Shakopee Town Square Shopping Center.) Attorney Karen Cole of Kennedy and Graven has worked with staff to facilitate this annexation. She has provided a legal description of the property to MnDOT, which eventually must approve the description and map the annexed area. According to the process, a public hearing must first be held, which is following 30 days notice to the affected properties. There also must be notification to the property owners if there is any anticipated change in the electric rates for the practitioners following the annexation. The property is currently served by Minnesota Valley Electric Company; it is not anticipated that the annexation will have any impact on electric service providers. Upon annexation, it will immediately become Agricultural zoning. After the annexation is completed, either the City or the owners can initiate a rezoning request. It is likely the request will be for either R-3 (Multi-family), or B-1 (Highway Business). DISCUSSION: The Weidts appear to be favorable towards annexation. With annexation, sewer and water can be extended to the property, and redevelopment may occur. It is my understanding that they are talking with people who are interested in their property, and therefore realize they must have the annexation, and zoning changes in order for them to fully utilize their property to its highest and best use. From a continuity standpoint it makes sense for this to be incorporated into the City. Upon adoption, copies of the enabling ordinance will be sent to the Minnesota State Planning Agency, Jackson Township, and the Secretary of State. RECOMMENDATION: In order for the annexation to proceed, I recommend that the public hearing be held, and that Council proceed with annexation by adopting an ordinance. ACTION REQUIRED: If the Council concurs with annexation of this property, after holding the public hearing, it should adopt the following ordinance: Ordinance No. 576, Fourth Series, An Ordinance Relating to the Annexation of Certain Property. Mark McNeill City Administrator MM:th Cc: Christina Weidt Norbert Theis, Jackson Township CITY OF SHAKOPEE NOTICE OF HEARING REGARDING ANNEXATION OF CERTAIN PROPERTY Certified Mail Please take notice that a hearing will be held before the City Council of the City of Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street, Shakopee, Minnesota at 7:00 p.m. or thereafter on August 15, 2000. The purpose of the hearing is to determine whether the City of Shakopee should adopt an ordinance annexing approximately four acres of land contiguous to the City which land is generally described as the farmstead and is legally described as follows: That part of the east half of the Northwest Quarter of Section 11, Township 115 North, Range 23 West lying northerly of the north right of way line of former T.H. 300 (now 10th Avenue West) and southerly of the south right of way line of Scott County Road 69,approximately four acres. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: July 12,2000. By Order of the Shakopee City Council Judith S. Cox, City Clerk 129 South Holmes Street Shakopee, MN 55379 Telephone: 445-3650 ICRC-181262v1 SH155-89 ORDINANCE No.576 FOURTH SERIES AN ORDINANCE RELATING TO THE ANNEXATION OF CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 —The City Code is amended by adding a new section to read: Section 2—The City Council hereby finds that John Weidt and Christine Weidt, all of the owners of the property described below, filed a properly prepared Petition requesting the annexation to the City of Shakopee of real property located within Scott County, State of Minnesota, legally described as follows: That part of the east half of the Northwest Quarter of Section 11, Township 115 North, Range 23 West lying northerly of the north right of way line of former T.H. 300 (now 10th Avenue West) and southerly of the south right of way line of Scott County Road 69, approximately four acres. Section 3 — The City Council hereby finds that the property is not included in any boundary adjustment proceeding pending before the Minnesota State Planning Agency. Section 4—The City Council hereby determines and finds that the property abuts the City of Shakopee, that the area to be annexed is sixty (60) acres or less, that the area to be annexed is not presently served by public sewer facilities and public sewer facilities are not otherwise available, that the municipality has received a properly prepared Petition for annexation from all of the owners of the property, that the area is appropriate for annexation by ordinance under Minn. Stat. § 414.033, subd 2, clause (3),and that the Petition complies with all the provisions of Minn. Stat. 414.033. Section 5—The property is urban or suburban in nature or about to become so. Section 6 —The property owners have received notice pursuant to Minn. Stat. § 414.033, subd. 13, regarding the cost impact of a possible change in electric utility services resulting from the annexation. Section 7 — Pursuant to law, a public hearing was scheduled, with proper notification given, and held on Tuesday, August 15, 2000, prior to Council consideration of this ordinance for annexation. KRC-181262v1 SH155-89 Section 8 —The corporate limits of the City of Shakopee are hereby extended to include the property and the same is hereby annexed to and included within the City of Shakopee as if the property had originally been part thereof. Section 9 — The City Clerk is directed to file certified copies of this ordinance with the Minnesota State Planning Agency, Jackson Township, the Scott County Auditor-Treasurer, and the Minnesota Secretary of State. Section 10—This ordinance takes effect upon its passage and publication and filing of the certified copies as directed in Section 9 and approval of the ordinance by the Minnesota State Planning Agency. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 15th day of August, 2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 2000. ICRC-181262v1 SH155-89 CITY OF SHAKOPEE MEMORANDUM CONSENT To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Hiawatha Park Project Change Order#1 Date: August 8, 2000 INTRODUCTION Council is asked to approve a change order to replace the existing concrete pad and to install a new pad with proper frost footings. BACKGROUND The existing concrete slab for underneath the picnic shelter was proposed for reuse with the new Hiawatha Park shelter building. However, the contractor discovered there are no frost footings under the existing slab. Therefore, the architect recommends removing the existing slab and replacing it with new concrete and frost footings. The cost to remove and replace the concrete is $3,200.00 BUDGET IMPACT Budgeted amount $150,000.00 Bid/Approved amount $ 74,500.00 Change Order#1 $ 3,200.00. ALTERNATIVES 1. Approve Change Order for concrete replacement. 2. Do not approve Change Order for concrete replacement. 3. Table for further information from staff. RECOMMENDATION Alternative# 1 ACTION REQUESTED If Council concurs with staff s recommendation, it should, by motion, move to approve $3,200.00 for Change Order#1 of the Hiawatha Park Shelter Project with funding to be allocated from the Park Reserve Fund. rh•../Iff Mark 'McQuilla Natural Resource Director _ -- -,• ' .. ' • , - -- .. *•,-, % -• , -- , .. • i V) i ,,t. _ 1 . ' I I I $ I • , I 1 CNI I / :1 i 1 1 I 1 q;\• • • 1. / .. 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'.'.4+1,:-.-,'-.1‘.r.,,,- '• . . ,,..-:::-.„-''---.".-.--1,,,y,,,,, ,,,,,,..„4.vA„..-,A. .,t, - ,„.- , f .• ' 1 i I OP•°--- ' ,,- ,,,,,,,Kei,,,71,, - ',''''';''....-,,r. ----,,,,-„,-,— ,....,,.4z.„:4;..4,,t.01,-;;T : ie .7,„ • .44): ti i .,-/ I •• , " ..." a.--v ' '''':).'''''''*4.''.'iit,,4;.1.rgt•01101140tg; MAlatit t ,ct, 1 \ ' 1'''."' ."..- Tr..,1 •° 1 ' 1,.. OPSNKP4C ' F Otnit A . • 1 . ..-...1- -,C.,r1(4° C• A• e, .•"'""',1.):'''Zat ... cs-• fill i • 1; - /R•‘'IN'C') A *".•`"'"'- , ..., O .•*. S_eatiAk _____--- -- le 3 , <it, 1 . ,- b• • 11 • ti) • ,' --u -- s EAsr 7TH AVEN E -w w w w -II---..-- t, I. , _ ____• ___ _____ ,. Ii MENKE WOOD PRODUCTS 920 ROSEWOOD CIRCLE SHAKOPEE, MN 55379 RE: WARMING HOUSE & PAVILLION AT HIAWATHA CHANGE ORDER REMOVE OLD CONCRETE SLAB WHICH DOES NOT HAVE FROST FOOTINGS AND INSTALL NEW WITH FROST FOOTINGS $3200.00 MENKE WOOD PRODUCTS / / 72/ 4 7 BY MICHAEL R. MENKE, OWNER / a . IS . /. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Policy Guidelines for Park Funding Date: August 9, 2000 INTRODUCTION ON August 15, 2000, the City Council is asked to discuss the Parks and Recreation Advisory Board's recommendation for a policy guideline for funding parks, trails and open spaces. BACKGROUND In recent years, there have been many discussions at the Council level as to which funding source to use for various park projects. The PRAB appointed an ad hoc committee of Advisory Board members and staff to study and develop and funding guideline for acquiring and improving parkland. The committee developed two policy statements, which were approved by the PRAB and recommended to the City Council for discussion. See attached memo from the July 24, 2000 Parks and Recreation Advisory Board Meeting. ACTION REQUESTED Discuss with representatives from the PRAB, the proposed funding guidelines at the August 15, 2000 City Council Workshop Meeting. // ILt�L�7/ 1-�r.. ark J. /'cQuillan Natural ' esource Director CITY OF SHAKOPEE MEMORANDUM To: Parks and Recreation Advisory Board From: Mark J. McQuillan, Natural Resources Director Subject: Capital Improvement Funding Policy Date: July 17, 2000 INTRODUCTION Discuss the funding policy for park improvements. BACKGROUND In recent months, the Parks and Recreation Advisory Board discussed the need for a policy to identify appropriate funding mechanisms for park improvements. On Monday, July 10, 2000 an ad hoc committee met at City Hall to develop a policy statement. The committee consisted of Kathy Gerlach, Jeff Kaley, Rick Friedrichsen, Mark Themig and Mark McQuillan. The committee agreed that the policy should be divided into two parts: Part 1 should identify an appropriate funding source(s) for new parkland and facilities, and Part 2 should identify an appropriate funding source(s)for existing parks and facilities. The committee then identified available funding sources for park improvements. They are: • Park Dedication Fees in lieu of land • General Fund • Capital Improvement Fund (buildings) • Building Fund (major buildings) • Grants • Donations • Gifts • General Obligation Bonds (Referendum) • Revenue Generating Bonds The next step was to define various terms used in the policy statement(s). Definitions: Capital Improvement Projects are projects with a market value of$10,000 or greater. They are generally referred to as"brick and motar" projects. Development means to construct recreation facilities or amenities to further the use and enjoyment of the park. Existing Parks are parks completely developed according to their original Master Plan or Concept Plan. Expansion means the act of expanding or adding on to existing park facilities such as buildings, play equipment, trails etc. Fully Developed means the park has all of the components identified in the park's Master Plan. New Parks and Facilities is when the City acquires raw land and places new facilities on the property in accordance to their original Master Plan or Concept Plan. eg. trails, shelters, restrooms, play equipment, ball fields, tennis courts, signs, parking lot, etc. Park Reserve Fund is the depository for park dedication fees, grants, donations and gifts. Partially Developed Parks are parks that have certain areas within the park with no specific plans for development, but which could be developed at a later time. Plans to develop these areas are very long-range and would not occur until ten(10) or more years after the land was acquired. Repair means to restore to good condition. Replace means to take place of or supplant an existing facility or piece of equipment with something new. POLICY STATEMENT #1 The City shall use at its discretion park dedication funds, general funds, capital improvements funds, building funds, grants, donations, gifts, general obligation bonds (voter approval needed) and revenue generating bonds to fund, in part, combination or whole, the acquisition and development of new parks, trails and open spaces. POLICY STATEMENT #2 The City shall use at its discretion capital improvements funds, general funds, building funds, grants, donations, gifts, general obligation bonds (voter approval needed) and revenue generating bonds to fund, in part, combination or whole, the expansion, repair or replacement of existing facilities in fully or partially developed parks, trail systems and open spaces. ACTION REQUESTED DISCUSS THESE POLICY STATEMENTS AT MONDAY MG '. MEETING. • Atof //9 Mark J. (cQuillan Natural Resources Director 1�. C � 1 MEMORANDUM FOR THE TABLE. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. 1Vlichael Leek, Community Development Director SUBJECT: Comments Received after the August 8th deadline for the Revised/Final AUAR for the Proposed Valley Green Corporate Center MEETING DATE: August 15, 2000 INTRODUCTION: Subsequent to the preparation of the Council packet, staff received follow-up letters from the Minnesota Department of Natural Resources(MIVDNR) and Minnesota Department of Transportation(MNDOT). Neither department is filing an objection to the revised/final AUAR. Even though these comments were received after the review deadline, staff offers the following analysis for the Council's consideration as it deliberates on the adoption of the revised/final AUAR. Again, items where revision is suggested are indicated in italics. MNDNR Letter dated August 7, 2000, and received August 11, 2000: Section 1: The comment expresses an opinion regarding what occurred on the site prior to the preparation of the AUAR, rather than addressing the substance of the AUAR analysis. For that reason, staff has not prepared a suggested revision related to that comment. Section 2: Page 2-7 - This item was addressed in response to Ms. Gerlach's comments on item 10b, which suggested revision to clary that the revised graphics substitute for the table referred to. Page 2-12 - DNR makes a new suggestion not previously addressed in their review, i.e. that the applicable setbacks be doubled carte blanche, irrespective of what development is eventually proposed for the site. Staff suggests that this comment can be addressed through review of the shoreland ordinance, and individual projects, rather than requiring a revision to the AUAR. Page 2-31,parks and visual impacts. MEMORANDUM FOR THE TABLE. Park dedication issues are more appropriately addressed at the time of platting of the property, and do not require a revision to the AUAR. The issue of screening has already been addressed in the response to the comment on Page 2-12. No specific revision is proposed. Figure 5-4 - No revision is proposed to the map because in previous discussions with Mr. Lynch of the DNR, he has indicated that the shoreland area is appropriately reduced when there are intervening features like roadways. Moreover, the comment goes to the issue of the depiction of the shoreland zone on the City's zoning map, rather than the impact of the proposed development Figure 10-1 - This is a reiteration of the comments previously made in relation to page 2-12 and 2-31. No additional revision is proposed by staff. Figure 10-2 - This comment offers an opinion on the amount of protection offered by the City's required"no-impact zone." The comment is particularly interesting since the City's ordinance in this regard is based on the MNDNR model. Clarification h DNR on whether this is a change in their own thinkingshould be sought, but no fromt e g change is proposed to the AUAR. Figure 25-1 - This is a simple statement of fact discernible from the AUAR, and no revision is warranted by it. Section 3, Responses, and Section 4,Mitigation Plan: Mr. Balcom has provided a critique of the adequacy of responses to the initial agency comments and some of the goals contained in the AUAR, much of which goes to the screening and setback issues that have been addressed above. Staff is not suggesting any specific revisions, but is of course, open to direction to revise the document if Council feels it is appropriate. ACTION REQUESTED: Please see the main memo for Council's requested action. R. Michael Leek Community Development Director -- J 00E30 r'1 Minnesota Department of Transportation A, Metropolitan Division °"O Waters Edge 1500 West County Road B2 b ' ' i- Roseville, MN 55113 nn August 10, 2000 J is � Alli 1 a 2Ca0 '� By Mr. Michael Leek City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Dear Mr. Leek: Subject: Valley Green Corporate Center Revised AUAR Response This correspondence is to clarify the letter sent to you on August 7, 2000. I received a phone call from Mr. Del Jackman stating that he was not clear as to the meaning of the letter. In our original correspondence, dated May 2, 2000, the first and third bullet asks for additional traffic analysis showing that the proposed access and signal system will not negatively impact the operation of the TH 169 ramps. Our expectation is that a traffic simulation model be used to analyze this area before any permits would be issued. The intent of the August 7, 2000 letter was to indicate this need, since it was not addressed in the AUAR response. We wanted to make sure you understood an operational traffic analysis would need to take place. I apologize for the confusion and hope you have a clearer understanding about our expectations. Sincerely, / /L c,J' 7 .1 CC ri,CCGCCZ'�� Sherry Narusiewicz Principal Transportation Planner Supervisor An equal opportunity employer . sEsor.4 Minnesota Department of Transportation it Metropolitan Division ° • Waters Edge 1500 West County Road B2 Roseville, MN 55113 August 7,2000 City of Shakopee Attn: Michael Leek 129 Holmes Street South Shakopee,Minnesota 55379 Dear Michael Leek: SUBJECT: Valley Green Corporate Center Revised AUAR Response The Metro Division of the Minnesota Department of Transportation has reviewed the Valley Green Corporate Center AUAR response. We feel this response did not adequately address our original review comments as stated in the May 2, 2000 correspondence to the City. Before any permits are issued an operational traffic analysis will need to be completed. This analysis will ensure the traffic generated at full build out will not negatively impact operation of the TH169 ramps. If you have any additional questions please contact me at (651) 582-1400. Sincerely, 'Vt," `-• • Sherry Narusiew Principal Transportation Planner Supervisor Cc: Brian Sorenson/ Scott County An equal opportunity employer .csoF MINNe.„ y�P ��►► Minnesota Department of Natural Resources v w m ri 1 ` oil� 500Lafayette Road 10 P St. Paul, Minnesota 55155-40 °FNAT V' — ll r 2 August 7, 2000g TIT U C Michael Leek UG 1 MOO Community Development Director B City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RE: Valley Green Corporate Center Final Alternative Urban Areawide Review(AUAR) Dear Mr. Leek: The Department of Natural Resources(DNR)has reviewed the Final AUAR for the Valley Green Corporate Center project. We do not wish to file an objection to the Final AUAR as provided under Minn. Rules part 4410.3610, subpart 5D. However,we offer this final set of comments that reflect continuing concern on whether the project will in fact be implemented such that significant impacts are prevented. The comments are offered by section as they appear in the environmental document. Section 1 Introduction&Summary. Page 1-2 offers a statement indicating that"the proposed project is intended to be developed into a business center to stimulate economic development,community growth, and the conservation of natural resources." We note that the grading and tree removal performed prior to environmental review did not meet the stated natural resource or protection objectives. Section 2 Draft AUAR-Revised Page 2-7. Although not expressly required according to guidance offered by the Environmental Quality Board (EQB), the "before" cover types could be easily identified and quantified. Regarding the project's potential to impact wetlands,this information is valuable. The explanation of the tree removal is inadequate. The Final AUAR suggests the tree removal that occurred earlier was in response to oak wilt and storm damage. Although certainly a relevant factor,the relative amounts of removal as a function of disease/storm damage versus standard site clearing for future development should be qualified. Water-related Land Use Management Districts. Page 2-12. The Final AUAR refers to the structure setback requirements for non water-oriented uses. It suggests individual building designers will have the option of constructing appropriate screening rather than doubling the setback. Although this option is normally present,the previous pre-project site clearing substantially diminishes the opportunity to meet the intent of the screening provisions of the shoreland ordinance. Because most of the existing tree cover that would have provided screening has been destroyed, it is doubtful the required substantial screening DNR Information: 651-296-6157 • 1-888-646-61367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Printed on Recycled Paper Containing a Who Values Diversity Minimum of 10%Post-Consumer Waste Michael Leek,Community Development Director August 7,2000 with vegetative cover can be accomplished. Major grading would be required to provide substantial screening using topography. DNR is strongly of the opinion that prevention of significant impacts at this site is accomplished only through a doubling of the setback. Designated parks, recreation areas, and trails. Page 2-31. The Final AUAR references the dedication of 75 acres of park adjacent to Dean's Lake. The majority of park as depicted on Figure 5-2 lies within the bed of Dean Lake. If the wetland boundary were shown on that figure,the amount of accessible, useable parkland would be significantly less that is suggested in Figure 5-2,and as such the project is providing very little in terms of park dedication. Adverse visual impacts. Page 2-31. This section does not adequately address the loss of screening vegetation,or how the visual impacts will be addressed. The planting of trees, shrubs, and other landscaping at the individual lot owner's discretion, as suggested in the Final AUAR will not likely provide the level of screening sufficient to meet the intent of the state shoreland program. Figure 5-4; Zoning. It does not appear that the 1000-foot shoreland district extends the required distance on the west end of the project. The correct Shoreland overlay district includes land within 1000 feet of the Ordinary High Water(OHW)mark elevation of 747'. Figure 10-1; Cover Types. This figure clearly indicates the lack of tree cover on the west edge of Dean Lake,which is the east edge of project),thus making substantial screening very difficult or likely impossible to accomplish. Figure 10-2; Detention Pond Location and "No Impact Zone." Much of the area depicted as the No Impact Zone,which is 75 feet from the OHW of Dean Lake, is wetland that cannot be impacted anyway. The drawing should include the delineated wetland edge as well as OHW and No Impact Zone. Such a delineation demonstrates that the No Impact Zone offers very little riparian protection for the wetland complex. Figure 25-1; Effective Tree Barriers and Residential Receptor Sites. Many of the trees shown on this photo have since been removed; this is confirmed through reference of Figure 10-1. Section 3 Response to DNR comments, Paragraph 14D. Page 3-8. Please refer to our previous comments regarding pages 2-12 and 2-31. Too much discretion is being left to the future lot owners. Response to DNR comments, Paragraphs 14 B& C. Page 3-9. The Final AUAR did not address the issue raised by DNR. Response to DNR comments, Paragraphs 27 A &B. Page 3-10. The response is inadequate in that it does not address the issues raised. The response is also incorrect. Minn. Rules part 4410.3610, subpart 5C states: "The RGU shall include in the document a plan for mitigation specifying the mitigation measures that will be imposed upon future development within the area in order to avoid or mitigate 2 Michael Leek,Community Development Director August 7,2000 potential environmental impacts. The mitigation plan shall contain a description of how each mitigation measure will be implemented, including a description of the involvement of other agencies, if appropriate." In this instance,the RGU can determine that a 300-foot setback will be enforced on the site because the opportunity to screen potential development(either through vegetation or landscaping) is not feasible. Section 4 Goal 2 and Goal 3. Pages 4-3 and 4-4. The 75 acre Park offered for consideration is predominantly wetland, is mostly inaccessible,and likely is not able to be developed. Upland park acreage should be quantified. Goal 4. Page 4-4. We believe the site is already within the jurisdiction of the Lower Minnesota River Watershed District. Goal 6. Protection Strategy 1. Page 4-5. Protection Strategy 1: Rigorous enforcement of the city's Shoreland Ordinance regarding setbacks. The effectiveness of the strategy is uncertain because too much discretion is afforded to future landowners. It is unlikely that the site can be screened consistent with the state shoreland program. Therefore, doubling of the required structure setback should be applied to the site. Goal 6. Protection Strategy 2. Page 4-5. Tree planting should be required rather than simply encouraged. Goal 6. Protection Strategy 3. Page 4-6. The building height is limited to 35' in designated shoreland areas. Thank you for the opportunity to review this project. We look forward to receiving your final documentation on the ATJAR process at a future date. Please contact Bill Johnson of my staff at(651) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Environmental Planning and Review Section Office of Management and Budget Services c: Kathleen Wallace Con Christianson Joe Oschwald Russ Peterson, USFWS Jon Larsen,EQB #20000458-0003NALLEYFAUAR.WPD 3 /2 .C. . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Revised(Final)Alternative Urban-Area Wide Review(AUAR)for Proposed Valley Green Corporate Center MEETING DATE: August 15, 2000 Introduction: The revised(or final)AUAR was circulated for the required ten-day review period. The City received no objections to the revised/final AUAR from reviewing agencies. For that reason, the City Council is asked to consider adoption of Resolution No. 5397 attached. While no objections were received, letters with comments were received from the Minnesota Pollution Control Agency(MPCA), Minnesota Department of Transportation (MNDOT), Dave Czaja,Kathy Gerlach, and the consultants for the project proposer, Valley Green Business Park. Copies of these letters accompany this report for the Council's information. Staff received an e-mail communication from Mr. James Uttley of the Metropolitan Council staff, indicating that the Metropolitan Council would not be objecting to the revised/final AUAR. After its review of the letters received,the Council may wish to consider directing that the revised/final AUAR be adopted with revisions. To assist Council discussion, staff has prepared the following analysis of revisions that the Council might consider and direct be included in the adopted revised/final AUAR. This analysis does not address criticisms of the AUAR process itself Alternatives: 1. Offer and approve Resolution No. 5397, a resolution adopting the revised/final AUAR for the proposed Valley Green Corporate Center as presented. 2. Offer and approve Resolution No. 5397, a resolution adopting the revised/final AUAR for the proposed Valley Green Corporate Center with specific revisions as directed by the Council. RevisedAUAR/W9U 1 Action Requested: Offer and approve Resolution No. 5397, a resolution adopting the revised/final AUAR for the proposed Valley Green Corporate Center as presented or with revisions. R. Michael Leek Community Development Director RevisedAUAR/W9U 2 RESOLUTION NO. 5397 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA ADOPTING THE REVISED/FINAL ALTERNATIVE URBAN AREAWIDE REVIEW FOR PROPOSED VALLEY GREEN CORPORATE CENTER WHEREAS, a citizen petition seeking environmental review was referred to the City by the Environmental Quality Board(EQB); and WHEREAS, a revised/final alternative urban area wide review(AUAR)has been prepared which includes responses to comments received in connection with the draft AUAR, as well as a mitigation plan; and WHEREAS, no objections to the revised/final AUAR have been received; and WHEREAS,the revised/final AUAR is an informational document that will assist the City of Shakopee in guiding development of the subject area. NOW,THEREFORE,BE IT RESOLVED, the City Council of the City of Shakopee hereby adopts the revised/final AUAR for the proposed Valley Green Corporate Center Adopted by the Shakopee City Council this day of August 2000. Mayor ATTEST: RevisedAUARNV9U 7 REVISED/FINAL AUAR FOR PROPOSED VALLEY GREEN CORPORATE CENTER: COMMENT LETTERS RECEIVED RevisedAUAR/W9U 3 MEMORANDUM Date: 7/31/00 To: Michael Leek, City of Shakopee, 129 Holmes St S, Shakopee, MN 55379 From: David Czaja, 5262 Eagle Creek Blvd, Shakopee, MN 55379 RE: Response to Final AUAR for West Dean Lake In the final draft of the AUAR for West Dean Lake, figure 5-2 shows the outline of parkland. This parkland includes the south side of Dean Lake. I indicated at a council meeting that I felt this was not correct. My neighbors and myself obtained a copy of your deeds and the deeds describe our property to the shoreline of Dean Lake. The southern boundary of Valley Green cuts through our property. We contacted the Scott County Surveyor and he indicated that our land does extend to the shoreline and is not correct as shown in figure 5-2. Also a portion of our land has been changed to Business Park. This is should not be and we had never been notified of this change. We would like to have all maps changed in the AUAR and in the comprehensive plan to accurately reflect the true lines of demarcation. David J Czaja 952-445-4444 Work AUG 1 0 2000 II i To: Members, Shakopee City Council From: K. Gerlach for S.E.P.A. By Subj: Response to the FAUR for VGCC August '�,!u0(12100 uuu cc: Mike Leek At the July 5th meeting it was decided that the City Council had discretion and would review comments from non-state agencies on the Final Alternative Urban Area-Wide Review (FAUAR) for Valley Green Corporate Center(VGCC). A few members of the Shakopee Environmental Protection Association(S.E.P.A.) have read the document. Attached is a summary of our comments. It is hard to mask our disappointment that we, as local entities and citizens, were not given any time to evaluate this expensive "product" before it passed through our hands to the state level. While we realize this is not a mandating document, the FAUAR will be referenced often as development of this 332 acre site moves forward. It's accuracy and truthfulness are therefore critical. Since it is not clear how our assessment of the FAUAR will be considered or utilized, we are requesting the following: 1. That Council members read over our comments and the FAUAR as well as any final objections sent by State agencies. 2. That other non-state agency contributors (LMRWD, Scott County, SMSC) be sent, at a minimum, the FAUAR responses to their own comments. Other final insights should be welcome, even if not part of the formal AUAR process. 3. That two council members and perhaps a staff member meet 11/2 to2 hours with up to 4 S.E.P.A. representatives for a thoughtful, informal discussion summarizing our main concerns and ideas for a balanced resolution. (This type of meeting was actually promised by Mayor Brekke early on at a CC meeting.) 4. That our response to the FAUAR, as well as that of other non-state agencies be, if not incorporated, at least included as an attachment to the FAUAR. 5. That this memorandum be acknowledged and a response be provided via mail or e-mail. There are more people watching this issue and concerned about its outcome than one would suppose. Judging from phone calls, e-mails and conversations there are larger ongoing concerns dealing with the process, the politics and philosophies but, those specific to this site are summarized below: A. The proposed road realignment and increased traffic problems on County Road 83. I get more questions on this from neighbors than anything else. B. The level of Dean Lake. It is lower than in the past dozen years (except a drought year). Neighbors are concerned the level will be engineered artificially lower than would otherwise be enjoyed. C. Development and tree removal too close to Dean Lake and the need for a wider setback to mitigate various concerns associated with this. (noise, lights, traffic, pollution, wildlife habitat) D. The progress of changes to ordinances and policies, like the tree ordinance, that will increase the chances for a better outcome in the future. page e 2 Memorandum August 7, 2000 As a general comment on the FAUAR we are disappointed that a"worse case" scenario promised was never adequately described which seemed to enable the FAUAR to "cop out" on a number of measurable impacts by merely stating"they were beyond the scope of the AUAR". The mitigation plans seem far too broad, undetailed and"fuzzy". Some of the responses seem to avoid the original question altogether. S.E.P.A. took much time and effort with Mr. Tom Casey's help to ask good questions- many which were ignored. Also, we have expressed in the past our discomfort with the fact that both the City and VGCC employed WSB at the same time on various aspects of this project. The added component of a 75 acre"park" is a surprise. It is a nice gesture if there are no strings attached and ownership issues can be worked out. Council should be aware this is mostly wetland and lake and would not qualify, according to our own ordinances, as dedication acres. We question whether its inclusion to the plan will in any way alter the required setbacks. We do have other thoughts to share on plans for parks and trails in the area and have always desired to collaborate with the proposer on these. We do appreciate the expense and effort and look forward to partnering with you on decisions as our neighborhood goes through these profound changes. May I close on a more personal note? Even as a pragmetic, approaching one year of involvement on this issue forces me to reflect. I admire your stamina dealing with the process of government on an ongoing basis. What it requires at times borders on expensive silliness! From the start it was our desire to sit down more informally and hash things out. I am uncomfortable by what this is costing us all not just the dollars. Sometimes, working within the process and the accompanying politics allows us to avoid "the heart of the matter" but, we have applied ourselves diligently—trying to reach a solution. Our dedication comes, not because we are eco-freaks or unreasonable oafs, but long time residents who love Shakopee and consider quality of life the biggest part of the bottom line. We are watchdogs of our own neighborhood, as others should be of theirs, and we encompass a wealth of good ideas and balanced solutions. So do you Thaiveuc, for hearing us out. See you on the 15th. riting or S.E.P.A encl: Comment Summary on the FAUAR for VGCC ir PI AUG 0 2000 Comment Summary on the FAUAR for Valley Green Corporate Cen Shakopee Environmental Protection Association August 7, 2000 *note* comments follow the question numbers of the EAW worksheet unless noted. Section 1 Introduction and Summary: (this follows pg numbers and outline) p 1-2 A. We feel that the effort to "conserve natural resources" was lacking and it appears in the FAUAR that much of it is being handed over to the city or purchasers of the finished lots. p1-2 B. History dates don't seem right. The fact that this report was initiated by citizen petition should be noted as in the DAUAR(Draft Report). p1-3 C 3. Jurisdictional. The AUAR requires an assessment of impact on regional items such as traffic, utilities, etc...based on the "worst case scenario" Regional agencies are then asked to comment. It is not true that these analyses are "beyond the purview of the local AUAR". They are, in fact required by it (i.e. read EAW question#22 regarding traffic). p1-3 C 4. Scope of the AUAR. "Improvements and activities that are part of`occupancy and build out' ....are beyond the scope of this AUAR...." This phrase is confusing since it was our understanding that we assume a worst case scenario which IS `build out' and issues and impacts are analyzed assuming `build out'. We can't have it both ways. The worst case scenario is either finished lots, storm sewers, roads, etc... or its these finished lots WITH buildings. p1-4 C 5. Transportation System. The road realignment is driven by VGCC. Nothing unusual about development driving road improvements—but the impacts must be analyzed according to EAW questions#6, #22, #29.and are NOT beyond the scope of the AUAR as stated. p1-4 C 6 Traffic Generation. Leave out the middle sentence ofpart b) "since the size and actual activities conducted by individual tenants of the development will determine this (traffic), it is beyond the scope of this AUAR." The "worst case scenario" whose identification is required by the AUAR process, determines estimates of traffic generation. As an overall comment, We still find no "worse case scenario" described or identified anywhere in the FAUAR. Shouldn't everyone be working off"the same page?" Section 2 DAUAR Revised (follows EAW question numbers) Section 3 Comments and Responses (reference by agency or page number): #5. Maps. Figure 5-2 . Mr David Czaja addresses the possible inaccuracies with land ownership in his written comments. Changes should be noted once this is resolved. Figure 5-3. The land use map in use prior to this one (DAUAR) supports a wider open space around Dean Lake. It even has a scale showing the specific width of this space. We want it noted that the Ordinances Book, Comp Plans and maps available prior to the initiation of grading would not have alerted citizens to the extent the of grading and its proximity to the lake. pg. 2 Comment Summary #6 d. We note it took one day to issue a grading permit. Is that a typical turn around time or a "typo"? Will step 2 of the grading be allowed to proceed before the major questions dealing with realignment of CSAH 16, site access and traffic are answered? #7. This question asks for specifics on type of commercial development (i.e. office , retail, warehouse, etc...) for each scenario (in this case, one). The report states, "This report is based on a high density alternative-as provided by the developer as a `worse case' scenario." The scenario is not described here or anywhere in the FAUAR. The response seems inadequate. #10 a. To suggest that, 1) oak wilt suppression and 2) some storm damage was the reason for the grading and removal of 50 acres of trees is totally disingenuous. The site was graded for one, two or all of the following: for more acres, for the soil under the trees, to grade the land to facilitate desired drainage. Even assuming all the 19 trees tagged (Appendix F) were in the 332 acres of this 1200 acre office park , ("the specific location of the trees was not clearly noted ..") this would be a small percent of the total trees. Just reporting a `before' and 'after `ground cover seems sufficient. (see 10 b.) #10. b. Again, with ground cover and especially the percent impervious, etc.. the AUAR asks that this be provided based on the expected scenario not for what will actually, specifically be there—the AUAR process was chosen for this reason—because specifics are unknown. (see#7 above) The DNR in their comments asks for the table under question#10 to be completed OR for better graphics—the response is on page 3-6—improved exhibits are then referred to but not named. Which exhibits replace the table? #11 The loss of habitat and animal populations is greatly understated. The comments provided by the DNR in Section 3 (11A) indicates a larger impact. The response to this item on page 3- 7 is only uninformed speculation. Deer, coyote, fox , owls and a large flock of wild turkeys that were observed on a regular basis by neighbors who walk the site daily have disappeared. A gopher snake was spotted by Mr. Ed Fonnier. The 3rd paragraph in the response to 11B (DNR comments p.3-7 and 2-9 is very misleading. It seems to indicate there was an extensive survey taken on site. The e-mails sited, as well as the"extensive surveys and reviews" by the DNR and WoodszEnd Landscaping should be in Volume 2, Appendices. #13. The"worst case scenario" if it had been defined, could provide estimates of potable water needs which may be higher than the 660,000gpd accepted by the Met Council for MUSA extension, (which may be a number for the whole MUSA extension not just the 332 acre VG site). Information regarding the overall site impact would be useful to SPUC as they attempt longer range planning for critical water needs. #14. Under this question in the FAUAR and scattered throughout the document are comments and responses related to theShakopee's Shoreland Ordinance and the limitations it imposes, (no impact zone, setbacks, % impervious, etc..). This subject is of critical interest to the citizens who petitioned for this review. Our comments to the FAUAR are as follows: page 3, Comment Summary #14 cont... -The actual location of the Ordinary High Water mark(OHW) is critical since all other setbacks are measured from this line. The DNR expressed concern that the OHM was not clearly marked on the maps being used. We wonder if these were corrected to the DNR's satisfaction in the FAUAR. We also need clarification on how this line was and is actually marked on site for those performing grading, fencing and inspections. -Since the use of this site will be"non water related" the setbacks are in error. Perhaps tree removal and other activities done within the setback also go beyond what the ordinance allows. Obtaining a grading permit does not alter the fact this may be an error. question see ( #15) -Dealing with the 300 foot setback now is not "premature" as is stated in the response section on pages 3-8 and 3-25. We feel it should be dealt with now, site wide-not by individual lot owners. - Although screening is allowed as an alternative with smaller 75 foot setbacks, according to comments by the DNR (p3 paragraph 14B,C) it may not be possible anymore due to grading and extensive tree removal, especially on the west side. Also, comments 14B and C were not adequately answered. -p.2-13 The sentence, "The `nearby activities' which the plan included were construction of stormwater interception ponds which were apparently seen as "water-related" by the City, since they approved the grading plan", is confusing. What is being said here? We thought "water- related" referred to business activities. -Mitigation plans regarding the Shoreland Ordinance and tree replanting should be more specific and emphatic. The City may want to consider clearing up any confusing parts of this ordinance when the other tabled shoreland ammendment is brought forth. #20. Groundwater. Also read over#16 on soils which is related. We appreciate the inclusion of Table 16-2. Notice this site is almost all"A" soils having a high infiltration rate. We share the same concerns as those expressed by Scott County (Comment and Response Section 3) Perhaps there are some measures the City could take to make this site unavailable to businesses who pose too a high risk for ground water contamination. #22 TRAFFIC. Some comments have already been made above in the under Section 1. This is Another key issue for S.E.P.A and as a general comment we are dissatisfied with the non- answers and the "we'll work something out" approach. The idea to monitor the ongoing development, then react also leaves us uneasy. We would like to be involved in discussion regarding realignment, signals and access points and want to know up front what the envisioned end product will be. We note both the realignment of CSAH 16 and CSAR 83 turn lanes are in the CLP budget for 2001. Is this appropriate with so many unanswered questions? page 4, Comment Summary p3-4 Section 3. The figures for increases in background traffic given by the FAUAR and those supplied by the Met Council are far apart. We believe there should be some discussion as to why the Met Council's higher numbers were rejected. p3-4 Section 3. We cannot envision a 35% diversion VGCC trafffic from CSAH 83 to CSAH 16 requiring two left turns. We would like a more complete response to Met Councils comments p3-4 Section 3. It is difficult to tell the status of the left turn access off CSAH 83 from this response. What is the meaning of a"concept plan" and what wieght does it have in promising final approval? p3-27 Section 3. Is there any projection on the time between the proposed CSAH 16 realignment and the completion of 17th Avenue extension? -We are concerned about the future plans for the stretch of CSAH 16 east of CSAH 83 that runs very close to a number of homes whose driveways exit directly onto CSAH 16. The City and County may wish to include ideas about locating more of CSAH 16 to the south leaving a small frontage road -as part of the realignment discussion. #25. Noise. Not speaking directly to the FAUAR but for your information, we have received 3- 4 e-mail inquiries about the increased noise and possible abatement strategies. #26. The proposed 75 acre park is new to this report. Council should be aware that our ordinances will not allow these acres as official dedication acres. Perhaps the proposer is already aware of this and has something else in mind. There are issues pending concerning ownership of part of this parcel. We wonder whether the inclusion of this parkland will in any way change the setback requirements dictated by the Shoreland Ordinance. #28. Comprehensive Plan. We have argued from the start that while commercial development on this site does fit the Plan the measures taken to protect resources conflict with the Plan. We have copies of past memos we have written that supply specifics if Council would like them. The Comp. Plan is also not adopted. We are confused as to which Plan or Draft Plan we are working from. #29. Impact on Infrastucture. VGCC will have an impact on already strained water resources pending the outcome of negotiations between SPUC and the DNR. In addition, comments supplied by the Lower Minnesota River Watershed District (LMRWD) regarding installation of utilities interfering with groundwater flow doesn't seem to relate to the seal being broken as the response (p3-3) suggests, but rather just the high water table This concludes the Comment Summary. I AUG-08-2000 15 21 STATE AID 651 582 1368 P.01/02 I 1 i i • ESO,, FACSIMILETRANSMITTAL 1 y Minnesota Department of Transportation METROPOLITAN DIVISION Waters Edge Building 1500 County Road B-2 West iloi. �r Roseville.Minnesota 55113 • � Main Switchboard: 651-582-1000 OF TO, State Aid Fax: 651-582-1368 t '• tl.. .r•.r'+:� t ��.rr.�;>'i•�:�. �� 1 4N ,E'i '�� r' 1 '� �x"u.y.,..�.:.,.ty;�'i"":I:Y�!�. � �w �. :?2.:`" Ij fi. +:55i 'k { +i1. t * -rte `.;1".>��. 1 .. *l:L' l c47 :1 .. s ..IZ.9� ••�fE'c•;'�i:.. �':ta..�:�v�sr... .c��:' Ck;cLr "..k1�t('�::' �', f��,0 i�,, "\9 ,*'f�tr,'.��!M`:.>'x;^�'„�'.�7�t��.ti•.:..`.`.`� . .�..f•' fy.�.. ; DATE q' 'l FACS NO. TO ,A, , I ... - _ ' 0_,'. .4 / 4,$ r), ,61.26 1 akt01,46r) - 'ce0A-r r PHONE NO. FROM � �� //� �} /.l�l Q111L1,5,,,,, -14 U � �� , Aueadga(itea' L 4 PAGE(S) TO FOLLOW Minnesota Pollution Control Agency August 2,2000L IJ 7 �1 Mr.R.Michael Leek U AUG0 7 ,Lieu , Community Development Director City of Shakopee By 129 Holmes Street South Shakopee,MN 55379-1351 RE: Valley Green Corporate Center Final Alternative Urban Areawide Review(AUAR) Dear Mr. Leek: The Minnesota Pollution Control Agency(MPCA)staff has reviewed the Final AUAR document for the above referenced project. Our comments on the Draft AUAR document were adequately addressed in the Final AUAR document, specifically: A revised air quality analysis will be conducted for one year after completion of full development of the project and will be included in the Indirect Source Permit(ISP) application to be prepared for the project. Additionally,an air quality analysis should also be conducted for one year after completion of each major phase of the project. As development of the project proceeds,and ISP requirements are met,the consultant may wish to meet with MPCA staff to discuss traffic analysis and air quality modeling protocol, background Carbon Monoxide monitoring,and project phasing. Should you have any questions regarding ISP requirements,please contact Innocent Eyoh at (651)296-7739,or Mary H. Lynn at(651) 297-2331. Our comments relating to the Clean Water Act(CWA)Section 404 Permit(the Corps of Engineers Nationwide Permit is a Section 404 permit), the CWA Section 401 Water Quality Certification, and the National Pollution Discharge Elimination System General Stormwater Permit were adequately addressed in the Final AUAR document. Thank you for the opportunity to comment on the Valley Green Corporate Center AUAR. Should you have any general questions about our review,please contact me at(651)296-8643. Sincerely, Eric J.Kilberg Planner Principal Operations and Planning Section Metro District EJK:sjs cc: Innocent Eyoh,PP/CAP' Mary H. Lynn,PP/CAP 520 Lafayette Rd. N.; St. Paul,MN 55155-4194; (651)296-6300(Voice); (651)292-5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar,www.pca.state.mn.us Equal Opportunity Employer • Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. AUG-10-2000 14 11 STATE AID 651 592 1368 P.02/ 2 (COMinnesota Department of Transportation Metropolitan Division 0. Waters Edge 1500 West County Road 82 Roseville, MN 55113 August 10, 2000 Mr. Michael Leek • City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Dear Mr. Leek: Subject: Valley Green Corporate Center Revised AUAR Response This correspondence is to clarify the letter sent to you on August 7, 2000. I received a phone call from Mr. Del Jackman stating that he was not clear as to the meaning of the letter. In our original correspondence, dated May 2,2000,the first and third bullet asks for additional traffic analysis showing that the proposed access and signal system will not negatively impact the operation of the TH 169 ramps. Our expectation is that a traffic simulation model be used to analyze this area before any permits would be issued. The intent of the August 7,2000 letter was to indicate this need, since it was not addressed in the AUAR response, We wanted to make sure you understood an operational traffic analysis would need to take place. I apologize for the confusion and hope you have a clearer understanding about our • expectations. Sincerely, i' /hap Sherry Narusiewicz Principal Transportation Planner Supervisor • An equal opportunity employer TOTAL P.02 diValicy Croon BUSINESS PARK July 31, 2000 Hin---77----17 77 71) !uL Michael Leek City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Valley Green Corporate Center FAUAR Comments Dear Michael: We requested that Phil Carlson of Dahlgren, Shardlow & Uban and Steve Carlson of STS Consultants, Ltd. review the Valley Green Corporate Center Final AUAR document and provide us comments on same. Enclosed are those comments, which we would appreciate having included with any other final comments that may be received by the City during the 10-day final review period. Thank you for all the efforts of you and your staff on this project. We look forward to adoption of the Final AUAR document shortly. Questions? Please call. Respectfully, V L GREEN BUSINESS PARK ffL Jon R. Albinson Project Director JRA:jmc Enclosure • Hr.Projects\Valley Green Corporate CenterEAW-AUAR-EIS Intl)AUAR Responses+x to Week sending PCarl on and SCadsnn comments to Final AUAR.DOC • • . :,e.. cr,. .2,S6 • 7-3C3:"?ile• i?0,1-'3E277 • _ • 44 STS Consultants, Ltd. L _ Memo To: Jon Albinson, Valley Green Business Park From: Steve Carlson, Consultant Date: July 26,2000 Re: Comments to final AUAR for Valley Green Corporate Center The Mitigation Plan included in the Final AUAR Document was prepared by Bolton&Menk to address possible development impacts in the community. The Plan includes nine goals aimed at mitigating projected impacts. The impacts and approaches to mitigate them were based on responses received after public review of the document had been completed. Given the effort expended to obtain information from multiple public agencies and community residents, the Mitigation Plan was in general thorough and well formulated. As outlined by Mr. Carlson of DSU, certain actions suggested in the Plan were not entirely appropriate to this project (grading and site improvements conducted by Valley Green Business Park), for example the Development Agreement. Valley Green Business Park has already accepted responsibility (and is committed under Permit Conditions to undertake them) for completion of certain protective actions, such as: wetland monitoring, establishment of native vegetation as described in plans prepared for the project, and maintenance of the stormwater system consistent with good property management practices. The Developer previously initiated actions protective of water quality voluntarily that the Mitigation Plan indicates shall be the responsibility of other agencies. The Developer supported a non-motorized watercraft limitation on Dean's Lake; the City of Shakopee passed this restriction into Ordinance. The Developer's consultant, STS has initiated readings of Dean Lake water transparency and limited water sampling for nutrient analysis. The purpose of the initial monitoring in Dean's Lake was to determine if Dean's Lake water quality would warrant further study by the Clean Lakes Partnership, MPCA, DNR, or a combination of public agencies. The data collected by STS will be made available by the end of summer, 2000 for use by DNR, MPCA, Scott County, and Lower MN River Watershed District. The initial information collected by Developer will assist in meeting Goal 4 in the Mitigation Plan. •Page 1 DAHLGREN SHARDLOW ANDUBAN INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612-339-3300 PHONE 612-337-5601 FAX July 6, 2000 Jon Albinson Valley Green Business Park 5240 Valley Industrial Boulevard South Shakopee, MN 55379 RE: Valley Green Corporate Center AUAR -- Draft Mitigation Plan Dear Jon: At your request I have reviewed the draft Mitigation Plan in the Final AUAR for Valley Green Corporate Center, and have the following comments for the City Council to take into consideration in acting on the Final AUAR and Mitigation Plan. 1) In the Introduction, the Mitigation Plan notes that many of the impacts are associated with projects that will come to VGCC in the future. This implies, and we agree, that what has been done so far under the grading permit is within the authority of the permit that was granted and that no significant impacts occurred that violated any existing regulations. 2) The introduction goes on to say that "the primary vehicles for mitigation" are the existing tools, such as codes, rules, etc. I would suggest that the only vehicles allowable are these adopted codes,rules, etc. Anything else is beyond the authority of the environmental review process. The AUAR is not an opportunity to make up new rules, but to have one streamlined process to review all the existing duly adopted rules that are in place from various agencies. 3) Among the vehicles mentioned is a"Comprehensive Development Agreement which may include Planned Unit Development requirements." I think the intent of this statement is reversed from the actual wording. Valley Green could apply for a Planned Unit Development (PUD) for some future development projects, and then a development agreement might be written to summarize the details and requirements of the PUD approval. There are no generic "Planned Unit Development requirements." A PUD is whatever an applicant might propose and whatever the City will approve under its PUD zoning provisions. 4) Performance bonds are mentioned as a major enforcement tool, and Valley Green should agree to posting such bonds when they are reasonable for any future work. There are at least Jon Albinson Valley Green Business Park July 6.2000 three distinct development stages involved here. The first is the grading that has already been done under the permit, for which a grading bond was posted. The second stage would be the preliminary and final plat that Valley Green will apply for to create the individual lots and build the public street and utility network. Reasonable bonds might be required for this work, but in the future at the time that plat is approved and the specific construction program is described and bid. No bonds would be posted now for this hypothetical future work. The third stage would be the construction of buildings on individual lots in the plat of Valley Green Corporate Center, which would sell to future businesses. Here again, bonds might be posted for the building, grading, and landscape work associated with these individual projects, but not until such projects are approved, and not by Valley Green but by these future owners/developers. 5) Under Goal 1, it is unclear if the development agreement and performance bonds are to be created now for the grading permit that was already granted, or if this refers to future development projects that will come in on specific sites. If it is for future work Valley Green would agree to reasonable agreements as suggested. 6) Under Goal 2, the City would accept the park land Valley Green is dedicating as part of the plat. We believe that by doing so, there will be a substantial benefit that will accrue to the entire community. 7) Goal 3 mentions public access to the parks and trails. It has been our intention all along to allow public access to the trails and parks and Valley Green would dedicate the necessary easements to allow this. 8) Goal 5 will implement plans already agreed to. 9) Goal 6 encourages the enforcement of zoning standards for landscaping,height limits, and other measures which are already on the books and which future lot owners would need to follow. We have no problem with this goal. 10) Goal 7 deals with traffic. We are pleased to note that the document encourages following through with the planned improvements and realignment of CSAR 16, CR 83, CR 21, and 17th Avenue. This is crucial no matter what kind of development takes place on the Valley Green Corporate Center land. Valley Green would agree to governmental agencies monitoring adjacent and internal traffic if a program could be devised that would treat various future lot owners fairly and would also treat the overall development fairly compared with other land in Shakopee. 11) Under Goal 8, strategies #4 and#5 suggest landscaping to buffer noise. This will provide some relief psychologically, but almost no actual reduction in noise levels. I hope these strategies can be removed or modified because they will add unachievable requirements to future site plans. Valley Green would of course agree to reasonable landscaping for aesthetic purposes according to City Codes, but it shouldn't be tied to noise reduction because everyone will be disappointed. 2 Jon Albinson Valley Green Business Park July 6,2000 I look forward to the timely resolution of the AUAR and to successful development in Valley Green Corporate Center that will be both environmentally responsible and economically strong. Sincerely, DAH i '11" L•W, AND UBAN, INC. / Philip •arson, AICP, Senior Planner 3 POSSIBLE REVISIONS TO THE REVISED/FINAL AUAR FOR PROPOSED VALLEY GREEN CORPORATE CENTER Dave Czaja Letter dated 7/31/2000: Comment: Mr. Czaja comments on a dispute that apparently exists about the ownership of a portion of the area included in the AUAR, and asks that the maps in the AUAR and City land use maps be changed to reflect his understanding of property ownership. Staff Analysis: While the resolution of the ownership dispute is undoubtedly an important issue for Mr. Czaja, his neighbors, and Mr. Albinson of Valley Green Business Park, staff does not believe that it requires an amendment to the analysis contained in the revised/final AUAR. It is suggested that once this dispute is resolved, any required adjustments in the City's plans would best be handled in the comprehensive planning, zoning, and platting processes. Kathy Gerlach Letter dated 8/07/2000: Ms. Gerlach's letter makes specific reference to page or figure numbers, so this analysis will follow that outline. Where staff suggests a possible revision, it has been italicized: P. 1-2A. The comment is not specific enough to suggest a specific possible revision. P. 1-2B. The date on which the AUAR was ordered should be corrected to December 21, 1999. P. 1-3 C.3. Reviewing agencies have had the opportunity to comment on impacts that may be related to their areas of jurisdiction, and the revised/final AUAR contains responses to those comments, as well as measures to address them in the mitigation plan. A specific revision to this provision is not suggested. P. 1-3 C.4. This statement may be confusing. The analysis contained in the AUAR was clearly intended to be based on a "worst case scenario"of build-out of the site. This section could be revised to state the parameters of that worst-case scenario (e.g. types and magnitudes of land uses). P. 1-4 C.S. As with the previous item, the traffic analysis was based on a worst-case scenario, and this section could be revised to clarify that, while still reserving the issue of specific analysis for uses as they present themselves to the future. P. 1-4C.6. The suggested revision would be in keeping with the two previous possible revisions. #5 Because this item goes to the process that led to the ordering of the AUAR, a specific possible revision is not suggested. RevisedAUAR/W9U 4 #7 A revision clarifying what the "worst case scenario"parameters are could be made. #10a. A specific possible revision is not suggested #10b. Revise the answer to clarify whether the revised graphics are intended to replace the table for this question. #13 Because the estimate referred to was for the entire MUSA expansion approved by the Metropolitan Council in 1999, it is very unlikely that potable water requirements for this area alone would exceed that estimate. For that reason, no revision is proposed. #14. Since the DNR did not further comment on the graphics as they relate to depiction of the OHW, it is assumed that the response was adequate. The remaining items under this comment seem to lend themselves more to review under the mitigation plan, as well as relevant regulations. For that reason, a revision is not suggested. P. 2-13 The items addressed seem to go to the interpretation of existing regulations rather than the specific impacts from the project area. For that reason, no specific revision is proposed. #20. No specific revision is proposed. #22. The comment addresses what process will be followed in planning for, and implementation of traffic changes. No specific revision is proposed. P. 3-4, Section 3 (4 comments) No specific revision is suggested. The responses to comments address these specific issues in large part. The final comments regarding timing and impact of traffic improvements outside the project area (17th Avenue and CSAH 16) are indeed outside the scope of the AUAR, so a specific revision is not proposed. #25 It is unclear from the comment which properties are at issue for noise abatement, and in any event, it would seem that such strategies are best reviewed when there are specific development proposals to review. No specific revision is proposed. #26 Specific review for park dedication and shoreland ordinance compliance would be a part of future reviews for approval, so a specific revision is not proposed. #28 No specific revision is proposed. #29 Please refer to the comment in response to Ms. Gerlach's comment on#13, regarding the adequacy of water supply. No specific revision is proposed. MNDOT Letter dated August 7, 2000 RevisedAUAR/W9U 5 Comment: The letter comments that MNDOT is not satisfied with the traffic analysis, and calls for operational analyses before the issuance of permits. Staff Analysis: Council could consider a revision to Goal 7, No. 4 of the mitigation plan requiring operational traffic analysis before the issuance of permits for the project site. MPCA Letter dated August 2,2000 Comment: Revised air quality analyses after each phase and completion of the entire project are called for. Staff Analysis:Goal 9, No. 3 could be revised to include the requested analyses. Valley Green Business Park Letter dated July 31,2000, and attachments: The attached memorandum from Steven Carlson seems largely to address efforts the project proposer has already undertaken, and do not suggest to staff any additional revisions to the revised/final AUAR. It appears to staff that much of the comment in Phil Carlson's letter dated July 6, 2000 go to how regulations and processes may proceed in the future. As a result, staff does not suggest any proposed revisions in response to this letter. RevisedAUAR/W9U 6 8-15-00 12 .C. (• To: The Shakopee City Council From: The Shakopee Environmental Protection Association We as members of the Shakopee Environmental Protection Association would like to express our strong opposition to the Alternative Urban Area-wide Review (AUAR), final addition for Valley Green Corporate Center. We believe that this report has not even begun to answer many of the questions we posed on many environment issues but has merely sidestepped these issues for future consideration or not addressed them at all. We believed that the AUAR was the right process in which to address issues of environmental concern and are very disappointed that they have not been dealt with. Defining the proper boundries of the project should be at the very least well defined in the AUAR. Even on this simple point it has been side stepped. My neighbors and my deed clearly define that me have lake shore property and have measured distances to the lake edge. But yet the AUAR shows substantial amounts of our property in the Valley Green Development. Another example, is the Ordinary High Water Mark for Deans Lake. It has been a very important point of contention all along. We believe that this has not been set accurately by the developer. Since the city and the developer are using the same engineering firm, how can checks and balances be identified and corrections made and how can only this one point of contention ever be rectified? This report definitely favors the actions of the developer and the citizens of Shakopee are the big losers. The report suggests that there was substantial citizen's input, but I ask if a one two-hour meeting is substantial. Even the Mayor indicated he would meet with us to listen to our concerns and that has never happened. Our concerns are simple, but who in City government will listen and address them? The score for this project— the developer won & the citizens of Shakopee — nothing. --- However, we do hope a mutual understanding can still be reached. Dave Czaja, Shakopee Environmental Protection Association I'd like to submit this letter for the record as part of our opposition $brut -- CITY OF SHAKOPEE /2 , C• 1. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Thorp,Planner I RE: Appeal of Decision Made by Board of Adjustment and Appeals DATE: June 22, 2000 INTRODUCTION& DISCUSSON The City has received an appeal of a decision made by the Board of Adjustment and Appeals from Craig Ballard and the Neighborhood Coalition regarding a Conditional Use Permit(CUP) granted to Steven Anderson for auto sales(please refer to Exhibit A, letter of appeal). The Board of Adjustment and Appeals held a public hearing to consider Mr. Anderson's CUP application on July 6, 2000(please refer to Exhibit A, staff memo). The Board tabled the item in order to obtain additional information from the applicant. The Board also required that the applicant hold a neighborhood meeting to address several concerns of surrounding property owners. The item was brought back before the Board on July 20, 2000 (please refer to Exhibit B, staff memo). The Board approved the CUP with added conditions(please refer to Exhibit D, approved Resolution). The Neighborhood Coalition, represented by Craig Ballard, believes that the CUP application did not meet Criteria 1 or 2 of the Criteria for Granting Conditional Use Permits. The Coalition also feels that the Board of Adjustment and Appeals did not adequately address public safety, neighborhood beautification, and the impact of such a use on property values in the area. ALTERNATIVES 1. Grant the appeal, revoking Mr. Steven Anderson's Conditional Use Permit allowing vehicle sales, and direct staff to prepare a resolution denying the Conditional Use Permit. 2. Deny the appeal, upholding the decision made by the Board of Adjustment and Appeals and allowing Mr. Steven Anderson to operate an auto sales facility, and direct staff to prepare the appropriate resolution. 3. Table action on the item and request additional information from staff and/or the applicant. ACTION REOUESTED Offer a motion consistent with the wishes of the City Council, and move its adoption. ./ Neif th Thorp Planner I g:\cc\2000\cc0815\ballard appeal.doc 1\ i July 28, 2000 TO: Honorable John Brekke, Mayor& City Council FROM: Neighborhood Coalition SUBJECT: Appeal to Council in regard to CUP for SA Auto Sales Dear Mayor& City Council Members: We request that Council review the Planning Boards decision in regard to the above noted CUP. We believe the CUP should not have been approved because there was not a showing by the applicant that Criteria 1 & Criteria 2 were satisfied. Additionally, the conditions set forth by the Board do not adequately address public safety, neighborhood beautification, &the impact this use has on property values in close vicinity. We look forward to speaking with you about our concerns. Thank you. Sincerely, /3t-14/?,_ Neigh a orhood Coalition RECEIVED JUL 2 8 2000 CITY OF SHAKOPEE `191- CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Beth Thorp, Planner I SUBJECT: Conditional Use Permit to allow Vehicle Sales, Service and Repair MEETING DATE: July 6,2000 REVIEW PERIOD: June 9,2000—August 8,2000 Site Information Applicant: Steven D. Anderson Location: West of Market Street, east of Main Street and north of 2°d Avenue West Current Zoning: Highway Business(B 1)Zone Adjacent Zoning: North: Highway Business(B1)Zone South: Old Shakopee Residential(R1C)Zone West: Highway Business(B1)Zone East: Highway Business(B1)Zone Comp.Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Letter of request for CUP dated received June 9, 2000 Exhibit C: Letter of request for variance dated received June 29,2000 Exhibit D: Site Plans dated received June 9,2000 Exhibit E: City Code Section 10.60(Noise Elimination and Noise Prevention) Exhibit F: City Code Section 11.60(Performance Standards),Subd. 11 (Noise and Vibration)and Subd. 13 (Odor) Introduction: Steven D. Anderson has submitted an application requesting a Conditional Use Permit (CUP) to allow vehicle sales, service, and repair in the Highway Business(B1)Zone(Please see Exhibit A). As a part of this CUP application, Mr. Anderson is requesting a variance to the setback requirements(Please see Exhibits B & C). Considerations: Mr. Anderson is proposing to construct a new building to be used as a showroom, office, and shop for detailing automobiles and body shop (Please see Exhibit D). The applicant has verbally indicated that the site will display approximately 30 cars, with up to 4 being serviced for minor repairs at any given time. The site plan provides for 96 parking stalls, with 27 being 9' x 20' in size and the remaining 69 being 7' x 20' in size. The minimum parking stall allowed by City Code is 9' x 20' in size. City Code does require that all parking stalls, required and non-required, must meet the minimum design standards. In addition to display parking, the applicant is only required to provide 9 off- street parking spaces. Staff has added a proposed condition of approval that the applicant shall revise the parking portion of the site plan and resubmit it to staff for approval prior to building permit application. Impervious surface coverage and landscaping have been reviewed and found to exceed City Code requirements. Landscaping will be reviewed again at the time of building permit application to ensure compliance. Signage has not been reviewed as a part of this CUP, but will require a separate sign permit application. The Building Official has commented that building construction, sewer and water services, fire protections and fire access will be reviewed for Code compliance at time of building permit application. The Fire Inspector has commented that the proposed site must meet the requirements of the Uniform Fire Code and the requirements of the Fire Prevention Bureau Policies. The Scott County Environmental Health Department has commented that the applicant will need to obtain a Hazardous Waste License. This comment has been added as a proposed condition of approval. The Minnesota Pollution Control Agency (MPCA) has commented that it is the responsibility of the applicant to provide noise mitigation related to the proposed use. The noise mitigation should be designed to meet the limits defined in MPCA Noise Rules Ch. 7030. This comment has been added as a proposed condition of approval. Staff has received a number of calls and/or visits from concerned property owners in the area of the subject site. All concerns have related to odor and noise mitigation. The applicant has been made aware of these concerns, but has not provided any documentation of such mitigation plans. City Code does provide language regarding odor and noise regulations (Please see Exhibits E & F) and does name the City as the enforcing entity on such regulation violations. Because the City staff does not have the necessary equipment for monitoring odor violations, staff suggests that any complaints regarding odor should be handled in cooperation with outside agencies. Staff has contacted the MPCA and the Scott County Environmental Health Department regarding the possibility of assistance in site inspections. Staff was told that the MPCA will only be able to inspect noise violations on a complaint driven basis and the Scott County Environmental Health Department will only inspect violations in relation to hazardous materials. Noise violations are reviewed by the City's Police Department for possible action. Findings: The criteria required for the granting of Conditional Use Permits (per City Code Section 11.85, Subd. 1) are listed below. Draft findings are also provided for the Boards review. Y Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1: The Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2: The Boardfinds that the establishment of the conditional use will not impede the normal and orderly development and improvement of suirouncfing property. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3: The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The Boardfinds that this use is consistent with the purposes of the Highway Business (B1)Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The Boardfinds that the use is not in conflict with the Comprehensive Plan. The applicant is also requesting a variance from the requirements of City Code. Specifically, Section 11.87, Subd. 2QQ.,requires a 100 foot landscaped buffer to be maintained adjacent to any residential zone. The applicant is requesting a 5 foot variance from this requirement(Please see Exhibit C). The site plan indicates that the parking setback, on the south side of the property,is proposed to be set back 15 feet from the property line. While this meets the parking setback requirements, it only allows for a 95 foot landscaped buffer adjacent to the residential zone to the south. The applicant feels that 2°d Avenue East,the railroad track and the proposed landscaping provide adequate buffering of the subject property from the residentially zoned property. City Code allows variances to be processed as part of a Conditional Use Permit application. However, Section 11.89, Subd. 2,of City Code contains provisions for the granting of variances only if ALL of the following circumstances are found to exist. Criterion I The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; 1.B. The plight of the landowner is due to circumstances unique to the property; 1.C. The circumstances were not created by the landowner; 1.D. The variance,if granted,will not alter the essential character of the locality; and 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Criterion 3 The request is not for a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: ...... Staff is requesting that the Board review the above criteria, consider any relative public testimony, and direct staff to prepare a resolution either granting or denying the requested variance based on the findings of the Board. Shakopee Public Utilities Commission (SPUC) has not provided comment regarding water capacity and availability in relation to this application. Therefore, staff is not providing a recommendation for the Board. However, should the Board wish to approve the Conditional Use Permit and variance, a draft resolution including conditions of approval has been provided for reference. Please note that proposed condition no. 8 specifically references the variance as requested. If the Board chooses to approve the CUP with the proposed conditions, but not to approve the variance, it should amend this condition. Alternatives: 1. Approve the Conditional Use Permit to allow vehicle sales, service and repair, subject to the proposed conditions of approval provided by staff. 2. Approve the Conditional Use Permit to allow vehicle sales, service and repair, subject to revised conditions. 3. Deny the Conditional Use Permit. 4. Continue the public hearing to allow additional input from the public, applicant, and/or staff. 5. Table the matter to allow additional information to be presented by the public, applicant, and/or staff. 6. Direct staff to prepare a resolution consistent with the wishes of the Board relative to the variance request. Action Requested: Offer and pass a motion consistent with the wishes of the Board. • wad :eth Thorp Planner I g:\bona-pc\2000\jul06kup_sa auto.doc RESOLUTION NO. PC20-066 A RESOLUTION OF THE CITY OF SHKAKOPEE APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLES SALES, SERVICE AND REPAIR WHEREAS,the City of Shakopee received an application from Steven D. Anderson, applicant and property owner for a Conditional Use Permit to allow Vehicle Sales, Service and Repair; and WHEREAS,the property for which the application was made is legally described as follows: The South 142 feet of Block 2, East Shakopee, according to the recorded plat thereof of file and of record in the office of the County Recorder in and for Scott County,Minnesota WHEREAS,the proper public hearing notices were sent, published or posted, and on July 6, 2000 a public hearing was held on the requested Conditional Use Permit before the Board of Adjustment and Appeals(BOAA); and NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA, that it adopts the following findings relative to the request for Conditional Use Permit. CUP Criteria and Proposed Findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1: The Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2: The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3: The Board finds that adequate utilities,access,drainage and other necessary facilities have been or will be provided for the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The Board finds that this use is consistent with the purposes of the Highway Business (B1)Zone Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The Board finds that the use is not in conflict with the Comprehensive Plan. BE IT FURTHER RESOLVED,that the Conditional Use Permit is approved subject to the following conditions: 1. Shall not store any vehicles which are unlicensed and inoperative for more than seven (7) days, except in appropriately designed and screened storage areas. 2. Shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 3. Shall not have any outside storage or display except of vehicles for sale or rent. 4. Shall not have a public address system which is audible from any residential property. 5. Shall screen all storage areas. 6. Shall screen all display areas adjacent to a residential zone. 7. Shall apply the parking setback to all areas where vehicles are located. 8. Shall maintain a landscaped buffer 95 feet wide from any residential zone. 9. All motor vehicle dealers shall be licensed by the State. 10. Shall obtain a Hazardous Waste License from the Scott County Environmental Health Department. 11. Oils, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 12. Noise mitigation should be designed to meet the limits defined in MPGA Noise Rules Ch. 7030. 13. Shall revise the parking portion of the site plan and resubmit it to staff for approval prior to building permit application. The revised site plan shall conform to the site plan dated June 9, 2000, with the exception of the revised parking portion. 14. Should the property owner/operator of the vehicle sales and auto body facility change, or any expansion of the facility be proposed, a new CUP must be obtained. 15. This Conditional Use Permit approval does not constitute approval of any signs for the proposed use. Sign permits) must be obtained for any and all signs. 16. All trash enclosures must be fully enclosed,including a cover. 17. The Conditional Use Permit shall be reviewed annually and will be brought back before the Board of Adjustment and Appeals for review if the City has received complaints made in relation to odor and noise. Adopted by the Shakopee Board of Adjustment and Appeals on the 6th day of July, 2000. Chair of the Board of Adjustment&Appeals ATTEST: R. Michael Leek, Community Development Director PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 00 AG te 66ild l'(Vjt:211111. jirirlOSiatralep st "tete WOOS 000 tie lee SVIIII110111110111C0 tit 111111101 41 "1" 1"" *el On 'CD „„„ . . ..u0L, 011 ....., 3\ vSD dT, illitit31117% se v13, ill 1 ISO 1861 e\1A 0000-i 5PlEaSexavav Proposed CUP for " sE Sales and Variance to setback requirements Zoning Parcels di�- MORTON BUILDINGS, INC. www.mortonbuildings.com ,s P.O. Box D•Janesville, Minnesota 56048- 604 Office:507/234-5186 Fax:507/2345187 City of Shakopee 129 Holmes Street S. Shakopee, MN 55379 IBy Re: Request for Conditional Use Permit for S.A. Auto Inc. S.A. Auto Inc. proposes to develop the property by erecting a new building to be used as a showroom, office, and shop for detailing automobiles and body shop. The new building would have a rock type finish on all walls and a shingled roof to conform with the neighborhood and existing buildings in the area. The property would be graded and landscaped and parking areas as shown. Lighting would meet local requirements and be appropriate for the area. Sincerely, Ron Wynkoop Manager . Excellence—Since 1903 06/28,00 17:09 #38 II LLE '' 512 445 b'(ltl NU.YJ.Yc WW1 MORTON BUILDINGS, INC. ,�, ,.,,,octonbuildings.com Office:507/234-5186 • P.O.Box D•Janesville,Minnesota 56048-0604 Fax:507/234-5187 June 28,2000 IT !F 1,114 t 'L; II!' Jf• �` JUN 2 ?aoo blii TO: The City of Shakopee 9 Fax#612-445-6718 1E , ATTN: Beth RE: Variance Request SA Auto We are requested 5'of variance from the required 100' set back, as the neva Parking lot is already 95'from residential. Respectfully, MORTON BUILDINGS,INC. Ron Wynkoop Manager • Excellence—Since 1903 Pm ,► . -- - - . § 10.57 of rubber, latex,or other elastic type material, whether natural or synthetic,whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down and is intended to finally bring the person to a stop at a point above the surface. Subd. 3. Prohibition. The practice of bungee jumping in any form whatsoever, whether open to the general public or for demonstration, exhibition, or other purpose, on City property, is hereby prohibited. (Ord. 365, February 10, 1994) SEC. 10.58. Repealed. (Ord. 201, July 1, 1986) SEC. 10.59. JUMPING RIDES. It is unlawful for any person to ride in or jump into or upon any vehicle without the consent of the driver and no person shall, when riding, allow any part of the body to project beyond the limits of any motor vehicle except when signaling as required, nor shall any person board or alight from nor hang on to any motor vehicle when such motor vehicle is in motion. If the driver of any vehicle shall permit anyone to do any of the things prohibited hereby, the driver shall also be guilty of a violation hereunder. This Section shall not apply to any person whose employment makes it necessary to ride in or on a vehicle otherwise than as herein provided, when engaged in the necessary duties of such employment; nor shall it apply to any person participating in a duly authorized parade, carnival or show. (Ord. 12, September 21, 1978; Ord. 337, July 23, 1992) 40011.SEC. 10.60. NOISE ELIMINATION AND NOISE PREVENTION. Subd. 1. Definitions. Words and phrases defined in this Section have, when used in this Section, the meanings given below. Any other word or phrase used in this Section, and defined in regulations of the Minnesota Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. A. "Air Circulation Device" - A mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. B. "L10" - The sound level, expressed in decibels (DBA) which is exceeded 10 percent of the time for a one-hour period, as measured by sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using test procedures approved by the (noise control officer). C. "L50" -The sound level similarly expressed and measured which is exceeded 50 percent of the time for a one-hour period. D. "Person" -An individual, firm, partnership, corporation, trustee, association, the State and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. Subd. 2. Noises Prohibited. pps revised in 1995 962 § 10.60 A. General Prohibition. It is unlawful for any person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following Subdivisions. B. Motor Vehicles. It is unlawful for any person to operate a motor vehicle in the City in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency (NPC 4 and 6MAR par. 4. 2004). C. Horns, Audible Signaling Devices, Etc. It is unlawful for any person to sound any signaling device on any vehicle except as a warning of danger (M.S. 169.68). D. Exhaust. It is unlawful for any person to discharge the exhaust, or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable State laws and regulations. E. Defective Vehicles or Loads. It is unlawful for any person to use any vehicle so • out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. F. Loading, Unloading, Unpacking. It is unlawful for any person to create loud and excessive noise in loading, unloading, or unpacking any vehicle. G. Radios, Phonographs, Paging Systems, Etc. It is unlawful for any person to use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima fade evidence of a violation of this Section. H. Participation in Noisy Parties or Gatherings. It is unlawful for any person to participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturoance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse after being ordered by a police officer to do so. Every owner or tenant of such • premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Loudspeakers, Amplifiers for Advertising, Etc. It is unlawful for any person to operate or permit the use or operation of any loudspeaker, sound amplifier, or pops revised in 1995 963 § 10.60 other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. J. Animals. It is unlawful for any person to keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. K. Schools, Churches, Hospitals, Etc. It is unlawful for any person to create any excessive noise on a street, alley or public grounds adjacent to any school, institution of teaming, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Subd. 3. Hourly Restriction on Certain Operations. A. Recreation Vehicles. It is unlawful for any person, between the hours of 11:00 P.M. and 7:00 A.M., to drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways. B. Domestic Power Equipment. It is unlawful for any person to operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. Snow removal equipment is exempt from this provision. C. Refuse Hauling. It is unlawful for any person to collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. D. Construction Activities. It is unlawful for any person to engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. Upon timely application being made and the necessity therefor being established, the Council may suspend the operation of this Subparagraph for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of such suspension. Subd. 4. Receiving Land Use Standards. A. Maximum Noise Levels by Receiving Land Use Districts. It is unlawful for any person to operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at or within the property line of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS P.O.roviwd in 1995 964 § 10.60 DAY NIGHT (7:00 A.M.-10:00 P.M.) (10:00 P.M.-7:00-A.M.) Land Use Districts LI0 L50 LI0 L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 The limits of the most restrictive district shall apply at the boundaries between different land use categories. The determination of land use shall be by its zoned designation. B. Exemptions. The levels prescribed in Subparagraph A do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable Subdivisions of this Section. Subd. 5. Air Circulation Devices. It is unlawful for any person to permanently install or place any air circulation device, except a window air conditioning unit, in any outdoor location until the noise control officer determines that the device in that location will comply with the noise level standards prescribed in Subdivision 4, Subparagraph A. Subd. 6. Exception for Emergency Work. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this Section for a period not to exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the Noise Control Officer of the need to initiate such work or, if the work is commenced during non-business hours of the City, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. Subd. 7. Powers and Duties of Noise Control Officer. The noise control program established by this Section shall be administered by the Noise Control Officer. Until otherwise provided by City Code provisions, the Chief of Police or his designee shall serve as the Noise Control Officer. Subd. 8. Enforcement. The Police Department or Building Inspector, whenever applicable shall enforce the provisions of this Section. The Police Department or its members may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this Section. Subd. 9. Testing Procedures. The Noise Control Officer shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of Subdivision 4, Subparagraph A imposing noise standards. A copy of such guidelines shall be kept on file in the office of the Noise Control Officer and shall be available to the public for reference during office hours. Subd. 10. Other Powers and Duties. The Noise Control Officer shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this Section. Subd. 11. Enforcement pas revised in 1995 965 § 10.60 A. Notice of Certain Violations. When the Noise Control Officer determines that a noise exceeds the maximum sound level permitted under Subdivision 4, Subparagraph A, the Noise Control Officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates and order such person to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this Section. B. Penalties. Any violation of this Section involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine of not to exceed $100.00, plus the costs of prosecution. Every person who violates any other provision of this Section is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 plus the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. (Ord. 108, November 18, 1982; Ord. 145, May 24, 1984; Ord. 337, July 23, 1992) SEC. 10.61. GAMBLING. Subd. 1. Definitions. A. "Lawful gambling", 'lawful purposes", and "licensed organization" shall be defined as set forth in Minn. Stat. Chapter 349. B. "Trade area" shall mean the City of Shakopee and each city contiguous to the City of Shakopee. Subd. 2. Lawful Purposes. Each licensed organization conducting lawful gambling within the City shall expend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. Subd. 3. Exceptions. A. Any organization holding a State organization gambling license may conduct not more than one raffle in any given calendar year if it is held in conjunction with a banquet and/or a dance, without complying with Subd. 2. B. Any organization exempt under Minn. Stat. 349.166 may conduct not more than five raffles in any given calendar year, without complying with Subd. 2, if, prior to selling any raffle tickets, the organization submits proof satisfactory to the City that more than 75% of the raffle tickets are reasonably expected to be sold to non-residents of the City of Shakopee. Proof may include evidence that the tickets shall be sold statewide, at a facility with a large regional attraction, or to a set of people not generally found in Shakopee (e.g. members of an organization of whom fewer than 25% are Shakopee residents). Subd. 4. Application. An organization seeking to obtain a State gambling premise permit shall file in the office of the City Clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application to be filed with the State board, prior to Council approving a premise permit. peps revised in 1995 966 §11.60 Reforestation and landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. B. All development activities,including grading and contouring,shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering area equal to a minimum of one-half (1/2)the crown area. C. Notwithstanding the above, the removal of diseased trees, or trees seriously damaged by storms or other acts of God,shall be permitted. Subd.10. Exterior Liahtina. A. Exterior lighting shall be designed and constructed to limit direct illumination and glare upon or into any other lot or street. Reflected glare or spill light shall not exceed five-tenths footcandle as measured on the property line when abutting any residential lot and one (1) footcandle on any property line abutting a business or industrial lot. Street lights installed in public right-of-way and lights in City parks shall be excepted from these standards. B. Mitigative measures shall be employed to limit glare and spill light to protect neighboring lots and to maintain traffic safety on streets. These measures shall include lenses, shields, louvers, prismatic control devices, and limitations on the height and type of fbctures. The City also may limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. C. No flickering or flashing lights shall be permitted except where required by the Federal Aviation Administration. D. Direct off-site views of the light source shall be blocked or screened except for globe or ornamental light fbctures, which may be approved when it can be demonstrated that the off-site impacts stemming from direct views of the light source are mitigated by the fbcture design or location. E. The City may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this Chapter. F. In any industry zone, light may spill from one (1) lot to any other lot provided that it does not extend beyond the boundaries of the industry zone. Subd. 11. Noise and Vibration. A. Noises emanating from any use shall be in compliance with City Code Section 10.60, and shall not exceed any standards set by the Minnesota Pollution Control Agency. B. Any use established or remodeled after the effective date of this Chapter shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. page revered in 1999 1325 §11.60 C. Ground vibration and noise caused by trains, aircraft operations, temporary construction or demolition, or vehicles other than those involved in a major commercial recreation use or on private property shall be exempt from these regulations. Subd. 12. Smoke and Particulate Matter, No use shall produce or emit smoke, dust, or particulate matter exceeding applicable regulations established by the Minnesota Pollution Control Agency. yo.Subd. 13. Odor. No use shall produce odors exceeding applicable regulations established by the Minnesota Pollution Control Agency. Subd. 14. Toxic or Noxious Matter. No use or operation shall emit toxic or noxious matter across the property line which exceeds applicable regulations of the Minnesota Pollution Control Agency. Subd. 15. Hazardous Materials or Waste.Infectious Waste,and Pollutants. Each use involving hazardous materials or waste, infectious waste, or pollutants, shall comply with all applicable laws and regulations of the United States Environmental Protection Agency, the Office of Safety and Health Administration,the Minnesota Pollution Control Agency,the Minnesota Department of Health, and any other applicable federal, state, and local regulatory provisions. Any project for which an EAW is mandatory under Minnesota Rule 4410.4300 shall request an EAW from the responsible governmental unit specified in that Rule. The project shall not be developed until all environmental issues have been resolved to the satisfaction of the responsible governmental unit, including incorporating any mitigation measures into the project. Subd. 16. Radiation. No operation shall be conducted which exceeds the standards established by applicable state or federal regulations. Subd. 17. Electromagnetic Interference. No use shall produce electromagnetic interference which exceeds applicable standards established by any applicable federal or state regulations. Subd. 18. Receive-Only Satellite Dish Antennas and Other Antenna Devices. Receive-only satellite dish antennas and other antenna devices are subject to the following requirements: A. shall be in compliance with all City building and electrical code requirements; B. shall have verification that the structural design and mounting system have been approved by a professional engineer; C. shall be limited to one (1) per building or, if more than one(1) antenna is proposed,. the antennas shall be clustered in a single,screened location; D. shall not have any advertising message on the antenna structure; E. shall comply with setback requirements for principal structures and in no event shall be located between the principal structure and the front lot line; F. shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. 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Anderson Location: West of Market Street, east of Main Street and north of 2°d Avenue West Current Zoning: Highway Business(B 1)Zone Adjacent Zoning: North: Highway Business(B1)Zone South: Old Shakopee Residential(R1C)Zone West: Highway Business(B 1)Zone East: Highway Business(B1)Zone Comp.Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Letter from John Roach dated received July 13,2000 Exhibit B: Letter regarding lighting dated received July 13, 2000 Exhibit C: Revised site plan dated received July 13,2000 Exhibit D: Original site plan dated received June 9, 2000 Introduction: John Roach, on behalf of Steven Anderson, has submitted a letter which addresses the concerns raised at the July 6, 2000 public hearing to consider a request for a Conditional Use Permit (CUP) to allow vehicle sales, service, and repair in the Highway Business (B1) Zone. Please note that the CUP application originally included an auto body as well as requested a variance to setback requirements. Please refer to the staff memorandum dated July 6, 2000 for reference. The applicant has withdrawn the auto body and variance requests(Please refer to Exhibit A). Considerations: As a part of staff's review for the July 6, 2000 memorandum, a proposed condition of approval was added regarding the design of parking stalls. The revised site plan does show that this condition has been satisfied. In response to the concerns raised at the July 6, 2000 meeting, please review the letters from John Roach and Morton Buildings, Inc. (Exhibits A&B). The applicant has scheduled a meeting with the concerned property owners to be held July 18, 2000 at 6:00 PM. The Board will have the opportunity, at the July 20, 2000 meeting, to hear the concerns of the property owners and the resolutions offered by the applicant. Staff has provided a draft resolution with proposed conditions (revised) for the Board's consideration. Alternatives: 1. Approve the Conditional Use Permit to allow vehicle sales subject to the proposed conditions of approval provided by staff. 2. Approve the Conditional Use Permit to allow vehicle sales subject to revised conditions. 3. Deny the Conditional Use Permit. 4. Continue the public hearing to allow additional input from the public, applicant, and/or staff. 5. Table the matter to allow additional information to be presented by the public, applicant, and/or staff. Action Requested: Staff is requesting that the Board review the above information, consider any relative public testimony, and pass a motion consistent with the wishes of the Board. -Feef, -30 Beth Thorp Planner I g:\bona-pc\2000\ju1y20\cup_sa auto.doc RESOLUTION NO.PC20-066 A RESOLUTION OF THE CITY OF SHKAKOPEE APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLES SALES WHEREAS,the City of Shakopee received an application from Steven D. Anderson, applicant and property owner for a Conditional Use Permit to allow Vehicle Sales, Service and Repair and a variance to reduce the required 100 foot landscaped buffer by 5 feet dated received June 9, 2000; and WHEREAS, On July 13, 2000, the applicant withdrew the request for a 5 foot variance to setback requirements and auto service and repair, and is therefore requesting approval of vehicle sales only; and WHEREAS,the property for which the application was made is legally described as follows: The South 142 feet of Block 2, East Shakopee, according to the recorded plat thereof of file and of record in the office of the County Recorder in and for Scott County,Minnesota WHEREAS, proper public hearing notices were sent, published and posted, and on July 6, 2000 a public hearing was held on the requested Conditional Use Permit before the Board of Adjustment and Appeals (BOAA). NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA, that it adopts the following findings relative to the request for Conditional Use Permit. CUP Criteria and Proposed Findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1: The Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2: The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3: The Board finds that adequate utilities access; drainage and other necessary facilities have been or will be provided for the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The Board finds that this use is consistent with the purposes of the Highway Business (B1)Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The Boardfinds that the use is not in conflict with the Comprehensive Plan. BE IT FURTHER RESOLVED,that the Conditional Use Permit is approved subject to the following conditions: 1. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7) days, except in appropriately designed and screened storage areas. 2. Shall not conduct any repair, assembly, disassembly, or maintenance of vehicles, except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 3. Shall not have any outside storage or display except of vehicles for sale or rent. 4. Shall not have a public address system which is audible from any residential property. 5. Shall screen all storage areas. 6. Shall screen all display areas adjacent to a residential zone. 7. Shall maintain a landscaped buffer 100 feet wide from any residential zone. 8. All motor vehicle dealers shall be licensed by the State. 9. Shall obtain a Hazardous Waste License from the Scott County Environmental Health Department. 10. Oils, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 11. Noise mitigation should be designed to meet the limits defined in MPCA Noise Rules Ch. 7030. 12. Shall apply the parking setback to all areas where vehicles are located. 13. The design of parking stalls shall conform to the site plan dated received July 13, 2000. 14. Should the property owner/operator of the vehicle sales facility change, or any expansion of the facility be proposed, this CUP should be brought back before the Board of Adjustment and Appeals for review. 15. This Conditional Use Permit approval does not constitute approval of any signs for the proposed use. Sign permits) must be obtained for any and all signs. 16. All trash enclosures must be fully enclosed, including a cover. 17. The Conditional Use Permit will be brought back before the Board of Adjustment and Appeals for review if the City has received complaints made in relation to odor or noise. 18. This Conditional Use Permit does not allow any auto body activities, service or repair of vehicles. Adopted by the Shakopee Board of Adjustment and Appeals on the 20th day of July, 2000. Chair of the Board of Adjustment& Appeals ATTEST: R. Michael Leek, Community Development Director PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 t_ River City Centre S.John Roach 155 First Avenue East Jeffrey L.Loftness P.O.Box 389 Joel R.Puffer Shakopee, MN 55379-1503 (952)445-3044 Virginia Ringgenberg Fax:445-7812 Paralegal July 12, 2000 Board of Adjustment and Appeals City of Shakopee J U L 1 3 2000 City Hall —J Shakopee, Minnesota 55379 By re: Conditional Use Permit Application of S.A. Auto, Inc. Ladies and Gentlemen: Steve and Kathy Anderson, owners of S.A. Auto, Inc., asked me to respond to the issues raised at the last meeting when their application was tabled. The issues listed b elow were raised, and the purpose of this letter is to respond to each of them. NOISE AND ODORS: At the last meeting the Andersons indicated that they would withdraw their request for a body shop. We now formally withdraw the request for the body shop, and ask that it be removed from the Conditional Use Permit application. This should alleviate much of the concern regarding noise and odor. Even though a body shop is a permitted use within the zoning of the property, the Andersons believe that being good neighbors was more important and decided to go forward with the development of their sales lot only. A motor vehicle sales lot should not generate any more noise or odors than any other commercial use of the property, and probably much less than most. VARIANCE: Additionally, there was some concern regarding the Andersons'request for a five foot variance from the required 100 foot setback from residences. The Andersons have decided to redesign their lot to allow the full 100 foot setback, to alleviate any problems that this has caused. "I heretore, they withdraw their request for a variance from the 100 foot requirement setback requirement. RUNOFF: The issue of runoff is important to adjacent landowners, especially the owner of the adjacent car wash. Gregg Hailing, our engineer, has assured us that this can be addressed with the grading plan. The lot will be shaped so as to drain to the center, and then to the storm sewers on the street. There is sufficient material on site to accomplish this. If more material is needed, it will be brought on-site. We will consult with the car wash owner during the preparation of the grading plan, and during construction as well, to make sure that this concern is addressed. LIGHTING: Attached is a letter from the lighting vendor indicating that the lighting will be focused on the lot only, and that all care will be taken to prevent spillage onto neighboring residential property. Modern lighting design allows focused area illumination without spillage onto adjacent areas. This is one of the major reasons for the 100 foot setback of commercial development from residences, and that setback is ample for this property. HOURS OF OPERATION: This concern probably involved the body shop more than the vehicle sales operation. State law prohibits operation of a vehicle sales lot on Sunday. Most people shop for automobiles during normal business hours. Presently S.A. Auto, Inc., operates from 10:00 AM until 7:00 PM Monday through Friday, and until 6:00 PM on Saturday. They anticipate these hours at the new location. However, they will agree not to operate before 8:30 AM, and to close by 9:00 PM. LANDSCAPING: The landscaping plan that was originally submitted will be followed, with adjustments for the new setbacks. The plan contains tree spacings similar to those at the former Norwest Bank building. The landscaping will provide some buffering between the property and adjacent residences. SIGNAGE: The Andersons will submit a sign application as soon as the location of the signage has been established. They will comply with the sign ordinance of the City of Shakopee, and will not seek a variance. We will try to have the application before the Board before the meeting. SECURITY: The issue of fencing has been raised. This is simply not a requirement of the zoning ordinance, and as a security issue, would be ineffective. Almost all problems suffered by motor vehicle sales lots involve the theft of small items from hubcaps to radios. These items can easily be taken over a fence. A fence would only offer an illusion of security, and the resources required to install and maintain one would be better applied to other matters. MEETING WITH ADJACENT OWNERS: A meeting has been scheduled with concerned adjacent landowners at the site. It will be held Tuesday, July 18, at 6:00 PM to discuss these and any other concerns that they may have. We will be present at the meeting to answer any questions that you may have concerning the proposed Conditional Use Permit. ",t47 S. John Roach cc: Steve and Kathy Anderson Shakopee Planning Department 07/12/00 12:34 1o8 JANESVILLE 3 19524457812 NO.081 002 MORTONBUILDINGS, INC. wvnv.matonbuildings.com • P.O.Bos 0•Janesville,Minnesota 58048-0604 OIImce:507/234-5186 Fax 507/234-5187 tOCETTri July 12,2000 � AP_L j 3 2000 111 By City of Shakopee 129 Holmes SL S Shakopee,MN 55379 RE: Lighting For S.A. Auto Inc. The lighting for the parking lot for S.A. Auto Inc. is the latest state of the art technology that is available today. These metal halide lights using a cut-off fixture and an internal house-side shield should severely cut down on light trespass behind the assembly. Because of where the shield is placed(on the backside of the reflector)direct light is not transmitted behind or up from the fixture. Respectfully, Morton Buildings,Inc. Ron Wynkoop Excellence—Since 1903 N 2� Z 0 N O n --\:F4- x w N D ITl $ to. 13cr- 13381$ tori x �ri O Z o �n 1 ,o vz trn a_. l -0! t , \ ller- t". 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PC20-066 A RESOLUTION OF THE CITY OF SHKAKOPEE APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLES SALES WHEREAS,the City of Shakopee received an application from Steven D. Anderson, applicant and property owner for a Conditional Use Permit to allow Vehicle Sales, Service and Repair and a variance to reduce the required 100 foot landscaped buffer by 5 feet dated received June 9, 2000; and WHEREAS, On July 13, 2000, the applicant withdrew the request for a 5 foot variance to setback requirements and auto service and repair, and is therefore requesting approval of vehicle sales only; and WHEREAS,the property for which the application was made is legally described as follows: The South 142 feet of Block 2, East Shakopee, according to the recorded plat thereof of file and of record in the office of the County Recorder in and for Scott County,Minnesota WHEREAS,proper public hearing notices were sent, published and posted, and on July 6, 2000 a public hearing was held on the requested Conditional Use Permit before the Board of Adjustment and Appeals(BOAA). NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA, that it adopts the following findings relative to the request for Conditional Use Permit. CUP Criteria and Proposed Findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1: The Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2: The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3: The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be p ovided for the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The Board finds that this use is consistent with the purposes of the Highway Business •(B1)Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The Board finds that the use is not in conflict with the Comprehensive Plan. BE IT FURTHER RESOLVED,that the Conditional Use Permit is approved subject to the following conditions: 1. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7) days, except in appropriately designed and screened storage areas. 2. Shall not conduct any repair, assembly, disassembly, or maintenance of vehicles, except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 3. Shall not have any outside storage or display except of vehicles for sale or rent. 4. Shall not have a public address system which is audible from any residential property. 5. Shall screen all storage areas. 6. Shall screen all display areas adjacent to a residential zone. 7. Shall maintain a landscaped buffer 100 feet wide from any residential zone. 8. All motor vehicle dealers shall be licensed by the State. 9. Shall obtain a Hazardous Waste License from the Scott County Environmental Health Department. 10. Oils, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 11. Noise mitigation should be designed to meet the limits defined in MPCA Noise Rules Ch. 7030. 12. Shall apply the parking setback to all areas where vehicles are located. 13. The design of parking stalls shall conform to the site plan dated received July 13, 2000. 14. Should the property owner/operator of the vehicle sales facility change, or any expansion of the facility be proposed, this CUP should be brought back before the Board of Adjustment and Appeals for review. i 15. This Conditional Use Permit approval does not constitute approval of any signs for the proposed use. Sign permit(s) must be obtained for any and all signs. 16. All trash enclosures must be fully enclosed, including a cover. 17. The Conditional Use Permit will be brought back before the Board of Adjustment and Appeals for review if the City has received complaints made in relation to odor or noise. 18. This Conditional Use Permit does not allow any auto body activities, service or repair of vehicles. 19. Resolution No. PC99-106, a resolution granting a Conditional Use Permit for vehicle sales at 810 14 Avenue East, shall become void upon the commencement of operations granted with the approval of Resolution No. PC20-066. 20. Shall maintain hours of operation between 8:30 a.m. and 9:00 p.m. Monday through Friday, and 8:30 a.m. and 6:00 p.m. Saturday and Sunday. 21. Shall revise the landscaping plan to include an additional five (5) units to the southern property line. 22. Display area shall be surfaced entirely with asphalt or concrete, not aggregate. Adopted by the Shakopee Board of Adjustment and Appeals on the 20th day of July, 2000. Chair of the Board of Adjustment&Appeals ATTEST: R. Michael Leek, Community Development Director PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Ia . C .2, . Appraisal Solutions Real Estate Appraisals ink Petersen "When experience is important." August 15, 2000 Mayor Jon Brekke City of Shakopee City Hall 129 South Holmes Street Shakopee, Minnesota 55379 RE: Conditional Use Application for S.A. Auto, Inc. West of Market Street, east of Main Street and north of Second Avenue South. Dear Mayor: The purpose of this letter is to comment on the above referenced application for conditional use permit. I am generally familiar with the property and make the following Observations: 1. The property appears to be well suited for a used motor vehicle sales lot. It is large enough and properly zoned. The railroad tracks on the south side, which would be detrimental to certain businesses, will not impact the proposed business. 2. In my opinion the proposed use of the property as a used motor vehicle lot will not diminish or impair property values within the immediate vicinity. Sincerely, C1:-)/7711 s‘ JAMES A. LINK, I.F.A. Review Appraiser ('C ' �>t? - 421 First Avenue East•Suite#130 • Shakopee,Minnesota 55379 Office: (612)445-3060• 1-800-796-6363 • Fax:(612)496-3292 • E-Mail:LinkASN@AOLCOM 1 L iCr3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Renaming of a portion of Park Place to Broadband Boulevard MEETING DATE: August 15, 2000 INTRODUCTION: On August 1, 2000 the Council voted to approve the request of ADC Telecommunications, Inc. to rename a portion of Park Place to Broadband Boulevard. The attached ordinance, Ord. No. 575, by its passage and publication will enact that change. ALTERNATIVES: 1. Approve Ordinance No. 575, an ordinance renaming that portion of the street known as Park Place that runs east and west from Valley Park Drive. 2. Do not approve Ordinance No. 575, an ordinance renaming that portion of the street known as Park Place that runs east and west from Valley Park Drive. ACTION REQUESTED: Offer a motion approving Ordinance No. 575 and move its approval. R. Michael Leek Community Development Director g:\cc\2000\cc0815\broadband.doc ORDINANCE NO. 575,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE RENAMING OF THAT PORTION OF THE STREET KNOWN AS PARK PLACE AS IT RUNS EAST AND WEST FROM VALLEY PARK DRIVE Section 1 - That portion of the street known as Park Place described below is hereby renamed Broadband Boulevard: that portion of the street known as Park Place as it runs east and west from Valley Park Drive. 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: , City Clerk Published in the Shakopee Valley News on the day of , 2000. Prepared by: City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Mi.__ 11111"-- /a& 1 12 MR II. illW — 11111111Mommum Si"( .""i"IIIIIIIIIIIIIII II oar ,,,___, o m a fai Western portion of Owniliiiiiiii,. proposed street renamingMI N. ''3* \ ��I'II tri illlilllllllluniiiiiiIIII \\\ \ \ \\ 11th Ave E 1 12 j 12th Ave E 11 Ill BP BIM STH 169 I N \I i SHAKOPEE WIWILLAII %►� E 1 S Proposed ADC Street Renaming City of Shakopee Zoning 07/27/00 la .C. ,( CITY OF SHAKOPEE C 014%) Memorandum :b ENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek SUBJECT: Initiating the Vacation of a portion of a portion of the right-of-way for Research Boulevard MEETING DATE: August 15, 2000 Introduction: The attached Resolution No. 5400 a public hearing date to consider the vacation of a portion of the right-of-way for Research Boulevard within the plat known as VALLEY PARK 1ST ADDITION. Discussion: The City is initiating this vacation of the right-of-way in connection with the sale of a portion of the so-called SPUC property for this project. The right-of-way would no longer be needed since the ADC plat includes the platting of a new public street,to be known as Broadband Boulevard. The attached resolution sets a public hearing for September 19,2000. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission,will be presented to the City Council for consideration. Action Requested: Offer Resolution No. 5400,A Resolution Setting the Public Hearing Date to Consider the Vacation of the right-of-way for Research Boulevard, and move its adoption. R. Michael Leek Community Development Director i kommdevbcd200pkc0815Wac nch.doc RESOLUTION NO.5400 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF RIGHT-OF-WAY FOR RESEARCH BOULEVARD IN THE VALLEY PARK 1ST ADDITION WHEREAS,it has been made to appear to the Shakopee City Council that the right-of-way for Research Boulevard in VALLEY PARK 1ST ADDITION,City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS,a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 19th day of September,2000, at 7:00 P.M. or thereafter, on the matter of vacating the portion of Research Boulevard, Valley Park 14 Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota,held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 / 2 . a /, CITY OF'SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: CSAH 17 Landscaping, Project No. 2000-9 DATE: August 15, 2000 INTRODUCTION: Attached is Resolution No. 5398, which accepts the bids and awards the contract for CSAH 17 Landscaping, Project No. 2000-9. BACKGROUND: On July 15, 2000, Resolution No. 5379 was adopted approving the plans and ordering the advertisement for bids on the CSAH 17 Landscaping Project. On August 9, 2000, sealed bids were received and publicly opened for this project. A total of one bid was received. The low bid was submitted by Minnesota Valley Landscape, Inc. in the amount of $48,469.95. The Engineer's estimate for this project was approximately $35,487.00. The one bid received is approximately $13,000.00 over the Engineer's estimate. The City's options are as follows: • Accept the bid of Minnesota Valley Landscaping • Delete some of the work such as fencing and surveying and obtain quotes. • Rebid project and obtain quotes from fencing contractors and landscaping contractors. Since August 1, 2000, Cities can obtain quotes up to $50,000.00 for work to be performed and sealed bids must be obtained for any work over $50,000.00. Staff went with sealed bids for the project so that one contractor would be responsible for the work and the original bidding period started before August 1, 2000. According to George Watson of Brauer& Associates, Inc., the City will be able to obtain lower prices by rebidding portions of the work. Quotes can be obtained for the fencing work and cost savings realized. The low bidder is willing to delete the fencing work and surveying work if the City will add $500.00 to the remaining contract amount to cover the costs of bonds and insurance included in the deleted work. Per the City Attorney, this is acceptable if agreeable by the contractor and approved by the City Council. The opinion of the landscape consultant is that the landscaping prices are acceptable and lower prices can be obtained for the fence work. Quotes for the fence work should be available by next Monday. Staff's recommendation is to ward a contract to Minnesota Valley Landscaping in the amount of $20,971.15 for the landscaping work. The fencing work will be quoted and quotes will be ready by next Tuesday's Council meeting. Also attached is an extension agreement with WSB & Associates, Inc. for surveying and inspection work needed for this project. In addition, the City needed to have right-of-entry agreements signed by the residents before awarding the contract. At this time, two of the five property owners have signed agreements. It is anticipated that all property owners will execute the agreement by the Council meeting. ALTERNATIVES: 1. Accept the low bid of$29,971.15 and adopt Resolution No. 5398, awarding the contract to Minnesota Valley Landscape, Inc. 2. Delete the fencing work from the contract and award the remaining work to Minnesota Valley Landscape, Inc. 3. Reject all bids and rebid using Quote Proposals for landscaping and fencing. 4. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 5. Authorize the appropriate City officials to execute an extension agreement with WSB &Associates, Inc. for construction engineering services on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1 &4 and 5. ACTION REQUESTED: 1. Offer Resolution No. 5398, A Resolution Accepting Bids on County State Aid Highway 17 Landscaping, Project No. 2000-9 and move its adoption. 2. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 3. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for construction engineering services on this project. 1 &Aksz....ver ,A Bruce Loney Public Works Director BL/pmp MEM5398 RESOLUTION NO. 5398 A Resolution Accepting Bids On County State Aid Highway 17 Landscaping Project No. 2000-9 WHEREAS, pursuant to an advertisement for bids for County State Aid Highway 17 Landscaping, Project No. 2000-9, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Minnesota Valley Landscape, Inc. $48,469.95 AND WHEREAS, it appears that Minnesota Valley Landscape, Inc. is the lowest responsible bidder. AND WHEREAS, Minnesota Valley Landscape and the City of Shakopee mutually agree to award the contract for the landscaping only. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract in the amount of $20,971.15 with Minnesota Valley Landscape, Inc., 14505 Johnson Memorial Drive, P.O. Box 478, Shakopee, MN in the name of the City of Shakopee for County State Aid 17 Landscaping, Project No. 2000-9, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in 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 Aug 11. 00 09: 41a MN Valle Landscape (952) 445-7838 p. 1 August 11, 2000 City of Shakopee Attn: Bruce Loney 129 South Holmes Street Shakopee MN 55379 Re: County Road 17 Bid Dear Bruce: Minnesota Valley Landscape, Inc. agrees to deduct items 3 & 16 from our bid of August 9, 00 if the City of Shakopee adds an additional$500.00 to the mobilization cost. If you have any questions regarding this,please feel free to call me. Sincerely, Y1 e.L /1 S John Melichar Project Manager qF } } • } { qi } minnesota ��ey E ! ET: 6124457838 8 t AUG-10-2000 08:33 LASE 8. ASSOCIATES INC. 7635411700 P.02/ 2 8441 Wayzata Boulevard, Suite 350 B.A.Mittelsteadt, .E• WSB Minneapolis, MN 55426 BretA.Weiss, .£. Peter R.While nbring, .E. Donald W.Sterna. .E. tel: 763-541-4800 Ronald B.Bray,P.E. &Associates, Inc. fax: 763-541-1700 August 9, 2000 Mr.Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129Holmes StreetpSouth Shakopee, MN 55379-1376 Re: Extension Agreement to Provide Construction Surveys, Observation & Administration Services CSAH 17 - 17th Avenue to St. Francis Avenue Landscaping(C.P.2000-9) Shakopee, MN WSB Project Nos. 1175-30 Dear Mr.Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide for construction surveying, observation, and administration services for the above-referenced projects. The surveying needs for this project will include construction staking for all project items as part of I the contractors responsibility. The construction observation needs will involve one observer from Brauer and Associates to work in conjunction with the allocated City Inspector as requested by the City. The construction administration phase will involve completing all contract-related work, including attendance at construction meetings, approval of all pay vouchers and change orders,and day-to-day dealings with field personnel. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware,construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently, the engineering costs for the construction phase will be determined according to the actual hours necessary to complete the project;however,we have estimated a fee of approximately 4%to 8%of the construction cost. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB&Assoc es,Inc City Administrator S-e- 5:44-1,30( % City Clerk Bret A. Weiss,P.E. President jw Mayor Date Minneapolis • St . Cloud Infirastructure Engineers Planners uvrwrMlns vasa no4„,d • EQUAL OPPORTUNITY RMVT nvFv TOTAL P 02 x 4 8 PROJECT MEMO VIA FAX Date: August 14, 2000 To: Bruce Loney (fax 952-445-0252) Dir. Of Public Works- City of Shakopee From: Jason L.Amberg, R.L.A. Brauer&Associates, Ltd. Re: Recommendation of Acceptance of Bid Quote—Marschall Road Screening Project. Pages: 7 Bruce, We received a total of 3 quotes for the construction of cedar fencing for this project (the bids are attached to this fax). Below I have listed each company and there respective bid. Company Cedar Fence Staining Total Bid Town & Country Fence $15,050.00 (no quote) $15,050.00 Fenc-co, Inc. $15,662.50 $1,750.00 $17,412.50 Midwest Fence & Mfg. $24,500.00 $1,800.00 $26,300.00 I have reviewed each of the bids and found one error. As indicated above, Town & Country Fence provided the lowest bid for the construction of the fence although they did indicate that they would not be interested in staining the fence nor did they include that work in their bid price. In light of the above situation, I would recommend accepting the bid of Fenc-co, Inc. for a total contract sum of$17,412.50 which does include staining. With respect to the contractor, I have worked with Fenc-co. Inc. before and found them to be reliable and easy to work with. We look forward to moving forward with the City on this project. Please call me at 238-0831 #14 if you have any questions or concerns. Thank you. Jason L.Amberg, R.L.A. CADOCS\2000\0017\itrrecommendationsofbidder.wpd LII d OOZ9 '°K 'DOSS' Ham ?{dZS:Z HOZ .$ny _ , �; .-. 7IV6r8 'Ply amu pan!aaag , ,.- GRAND TOTAL BID BIDDER'S FIRM NAME '1 )LI/AJ'f L,o,ITJ�Y OFFICIAL ADDRESS 55 IL >j,orV &V N. $ 1 .O t. . - &MOA */ "ccs nhN. 5 c44S-i 82.0 TELEPHONE NUMBER '1(eA-415-5450 FAX NUMBER 16g-42.5- cioo6 • NOTE: Quotes shell be delivered on or before 12:00 prn Monday Aug.14,2000,(fax delivery acceptable) to: Brauer and Associates,Ltd. do Jason Amberg 10417 Excelsior Blvd. Suite One Hopkins,Minnesota,55343 Fax:#952-238-0833 QUOTE FORM FENCING WORK RELATED TO "SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE.ON THE WEST SIDE OF MARSCHALL ROAD" CITY PROJECT NO.2000-e SHAKOPEE,MINNESOTA City of Shakopee 129 Holmes Street South Shakopee MN 55379-1376 Gentlemen: 1. The following quote is made for FENCE CONSTRUCTION WORK ONLY related to "SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE. ON THE WEST SIDE OF MARSCHALL ROAD" CITY PROJECT NO.2000.9 SHAKOPEE,MINNESOTA. 2. The undersigned certifies that the Contract Documents attached to this quote form have been carefully examined,and that the site of the work has been personally inspected. The undersigned declares that the amount and nature of the work to be done is understood,and that at no time will misunderstanding of the Contract Documents be pleaded. On the basis of the Contract Documents the undersigned proposes to furnish all necessary apparatus and other means of construction, to do all the work anti furnish all the matenais in the manner specified,and to accept as full compensation therefore the sum of the various products obtained by multiplying each unit price herein bid for the work or materials,by quantities thereof actually incorporated in the completed project,as determined by the Engineer. The undersigned understands that the quantities mentioned herein are approximate only,and are subject to increase or decease,and hereby proposes to perform all quantities of work as either increased or decreased,in accordance with the provisions of the specification,as the unit prices bid in the following quote schedule, unless such schedule designates lump sum bids. 3. PROPOSED SCHEDULE:The Bidder agrees to perform all work described in the specifications and shown on the plans for the following unit prices: BRAUER&ASSOCIATES LTD. PROJECT NO.00-17 QUOTE FORM PF-Page 1 • Wald Z4L/7 'd7:Eirri29 'oNLI .5nb : 'I ''OSSy $ aHnua wd65:z OOOZ 'vj •2ny • NY66:8 11 Ulf pantaoag • FENCING WORK RELAT D TO OUOTE FORM '$CRUNINO FORST Frv!RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE ON THE WEST SIDE OF MARSCHALL ROAD' BRAWN Is ASSOCIATES.LTD. • CITY OF SHAKOPEE PROJECT NO.20004 PROJECT NO.00.17 UNITS LEGEND: Lump Sum, ^E:Square Feet,SY=Square Yard,EA=Each, LF=Lineal Feat.FF=Face Feet, ,Q=Cubic Yards QUOTE SCHEDULE item Item Plan Unit Unit Bid Total Bid No. taaeerry►tren_. In Dollars n Dollars) 1. Furnish and install ti'high wooden screen fencing as per plans 350 LF 43.00 /S,©'b.b© and specifications,complete including footings,minor grading STA)N 1 NG 1 S £1tC L ua1 rant Rid f and removals,(only if necessary for fence installation), • connectors,hardware,Mew,and all other required materials necessary for construction of fencing. Grand Total Quote fit, 4. The basis of award of the Contract will be on the Grand Total Quote. The City reserves the right to delete any item prior to final contract. 5. The undersigned further proposes to execute the Contract Agreement and to furnish satisfactory payment and performance bond,and evidence of Liability and Workers Comp.insurance within ten(10)days after notice of the award of contract has been received.The City of Shakopee shall be named as an additional insured an the bidder's insurance policy.The undersigned further proposes to begin work as specified,to all work to be completed within 30 days of the acceptance of the quott,and to maintain at all times performance and payment bonds,approved by the City, in an amount equal to the total bid. 6. In submitting this quote,it is understood that the right is reserved by the Owner to reject any or all quotes and to waive informalities. 7. In submitting this quote,the undersigned acknowledges receipt of Addenda No's. AUDNL issued to the Contract Documents. 8. It Is understood and agreed that quote cannot be withdrawn within thirty(30)calendar days without the consent of the City of Shakopee and that said City has the right to reject any or all quotes. 9. If a corporation,what is the state of incorporation? Iht�ueto-TR 10. If a partnership,state full name of all co-partners. Official Address Firm Name Crini ik) C DUN l Sty ce i Ce_ g5I( XYLoJ AV, Nr 812no(ZLYN ARK BY wegei / . .55446- I g2 D rale ES-71mATot By Date: 211 .2000 Title • BRAUER&ASSOCIATES LTD. PROJECT NO.00-17 QUOTE FORM PF-Page 2 'd7:8t�OZ9 .off .6nd .t '�OSSV '8 darrna �Id�9 Z OOOZ '�1 .2ny woa� its , 08/14/2000 11:14 9525225092 FENC CO PAGE 01 i■ • a sun GRAND TOTAL BID BIDDER'S FIRM NAME Fenc-co Inc. OFFICIAL ADDRESS R1 N. Li1ar- 7W__ dI1R e15,662.50 not stained 17,412.50 stained TELEPHONE NUMBER 7K3-51414- 1Q1 FAX NUMBER 761.-58R-5092 NOTE: Quotes shall be delivered on or before 12:00 pm Monday Aug.1d,2000,(fax delivery acceptable) to: Brauer and Associates,Ltd. do Jason Amberg 10417 Excelsior Blvd. Suite One Hopkins, Minnesota,55343 Fax:S 952-238-0833 QUOTE FORM • FENCING WORK RELATED TO "SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE.O1N THE WESTES NODE OF MARSCHALL ROAD" CITY SHAKOPEE,MINNESOTA City of Shakopee 129 Holmes Street South Shakopee MN 55379.1376 Gentlemen: 1. The following quote is made for FENCE CONSTRUCTION WORK ONLY related to 'SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE.ON THE WEST SIDE OF MARSCHALL ROAD' CITY PROJECT NO.2000-9 SHAKOPEE,MINNESOTA. 2. The undersignedcertifies that the Contract Documents been y eniamlned,and that the site of the work has been personally inspected. npeeThe undersigned declares that the amount and natua of the work to be t Documents be pleaded. done the basis of the is understood,ande that r ig ed proposesd mto furnish ding all nof the ecessary apparatus and other means of o construction,to do ail theContract work D andds the undersigned e the work roCts furnishb alln the uin the ch unit price herein bid foraccept the pworK orllcompensation therefoAt the sum of the mamals by quantities thereof actually various products obtained by multiplying each quantities incorporated in the completed project,as determined by the Engineer. The undersigned understands that t perform all mentioned herein are approximate only, and are subject to increase or decrease,and hereby proposes quantities of work as either increased or decreased,1 n ac d dagnnce wit the msum b deg of the speaficatio: as the unit prices bid in the following quote schedule,unless cations and shown on the plans to 3. PROPOSED SCHEDULE:The Bidder agrees to perform all work described in the specifications the fellewlrlq unit prices: BRAUER&ASSOCIATES LTD. QUOTE FORM PF-Page I PROJECT NO,007 L/17 'd OOZ9 'oNceived Time kg, 14. 1:0:21Ai 'aOSSv dalldda 74dS9:Z 00H •V1 any LI/ -1u vuv� u JVJJV 0 UUUTUU r1U77 '0 UUUG ► I -"Y . • ' • RUG- 14 ' 00 11 ; 27 FROM MIDWEST FENCE CO TO 95E2380833 PAGE.001/002 si is. • • • GRAND TOTAL BID BIDDER'S FIRM NAME tA iA s jf Fe'cG' � • OFFICIAL ADDRESS Si igid ia.r C # $ $e o o S. st. AUL ss0 7 I TOG• G'° (57-444/.1 TELEPHONE NUMBER �S,/VI/ —1. 2. 2 Z FAX NUMBER G�//les/-65► NOTE: Quotes shall be delivered on or before 12:00 pm Monday Aug.14,2000,(fax delivery acceptable) to: ; • Brauer and Associates,Ltd. cio Jason Amberg 10417 Excelsior Blvd. Suite One Hopkins,Minnesota,55343 Fax:*952-238-0833 QUOTE FORM FENCING WORK RELATED TO "SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF 17TH AVE ON THE WEST SIDE OF MARSCHALL ROAD" CITY PROJECT NO.2000.9 SHAKOPEE.MINNESOTA City of Shakopee 129 Holmes Street Smith Shakopee MN 55379-1376 Gentlemen' 1. The following quote is made for FENCE CONSTRUCTION WORK ONLY related to 'SCREENING FIRST FIVE RESIDENTIAL PROPERTIES SOUTH OF•17TH AVE_ON THE WEST SIDE OF MARSCHALL ROAD' CITY PROJECT NO.2000-9 SHAKOPEE.MINNESOTA. 2. The undersigned certifies that the Contract Documents attached to this quote form have been carefully examined.and that the site of the wort has been personally inspected_ The undersigned declares that the amount and naturr of the work to be done is understood,and that at no time will misunderstanding of the Contract Documents be pleaded. On the basis of the Contract Documents the undersigned proposes to furnish all necessary apparatus and other means of construction,to do all the work and furnish all the materials in the manner specified.and to accept as furl compensation therefore the sum of the various products obtained by multiplying each unit price herein bid for the work or materials,by quantities thereof actually incorporated in the completed project,as determined by the Engineer. The undersigned understands that the quantities mentioned herein are approximate only,and are subject to increase or decrease.and hereby proposes to Perform all quantities of work as either increased or decreased.in accordance with the provisions of the specification,as the unit prices bid in the following quote schedule.unless such schedule designates lump sum bids. ,• 3_ PROPOSED SCHEDULE The Bidder agrees to perform all work described In the specifications and shown on the plants for the following unit Prigs; • • • BRAUER&ASSOCIATES LTD. PROJECT NO-00-17 QUOTE FORM PF-Page 1 ceived Time Aug, 14, 11 :40AM L/9 .4 un 'aid '`?QSSV 1 allYxd Ydd95 :Z OOOZ 171 'xnd " ' HUG 14 '00 11'27 FROM MIDWEST FENCE CO TO 9522380833 PRGE. 002.002 r • FENC/iG WORK LATED TO ON01E FORM •SGREENINO FIRST Rae RuSDF mAL PROPERTIES SOWN OF 177N AVE ON 711E YdisT8roa OF Me1RSC4►LL ROAD" MME i ASMOCUTES,LTA. CiTV OF SHAKOPEE PROJECT No.20004 , PROJECT No.00-17 UNITS LEGEND: . LS a Lump Sum.SF as Square Feet,ay=Square Yard.EM=Each, LF=Lineal Feet,FF=Face Feet, CY=Cubic Yards QUOTE SCHEDULE • Item lbtn Plan Unit 1 Unit Bid Total Bid No. Description Qty. (In Dollars) (In Dollars) 1. Furnish and instal i'high wooden screen fencing aa per plans 350 LF .'//Sir . Gov and spegiilicatione,complete including footings,minor grading and removals,(only if necessary for fine installation), S' i his. r i j I O o - Cr connectors,hardware.staining,and all other required materials f necessary for construction of fencing. I = �_ . _ Grand Total Quote 17 t;; g o 0 • 4. The basis of award of the Contract will be on the Grand Total Quote. The City reserves the right to delete any Item prior to final contract. 5. The undersigned further proposes to execute the Contract Agreement and to furnish satisfactory payment and performance bond,and evidence of Liability and Workers Comp.insurance within ten(10)days after notice of the award of contract has been received.The City of Shakopee shalt be named as an additional insured on the bidders insurance policy.The undersigned lubber proposes to begin work as specified,to ail work to be completed within 30 days of the acceptance of the quote,and to maintain at ail times performance and payment bonds,approved by the City.in an amount equal to the total bid. 6. In submitting this quote,it is understood that the right is reserved by the Owner to reject any or all quotes and to waive informantles: 7. In submitting this quote,the undersigned acknowledges receipt of Addenda No's. issued to the Contract Documents: 8. It is understood and agreed that quote cannot be withdrawn within thirty(30)calendar days without the consent of the City of Shakopee and that said City has the right to reject any or all quotes. 9. If a corporation,what is the state of incorporation 10. If a partnership,state full name of all CO-Pannell- Official Address Firm Name jiff 1*.efr fe/R/C re e-4ef7r . i/tr t+i Pewee nLJip . . t�►fr E!. l/r / € 4 e By /Hair; - CSS S' Or 94..4 of,/ Title 5 awe By Date: a''-• ,r ,2000 Title BRAUER&ASSOCIATES LTD. PROJECT NO.00447 QUOTE FORM PF-Page 2 L/L d COZ9 'opceived TimeAug. 14. 11 .40"' 'DOSSV 1 dam a ** Y+Id99:Z P'000Z '61 2ny* Os /AP Os CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Grading Permit for Valley Park 12th Addition DATE: August 15, 2000 INTRODUCTION: This agenda item is to consider the grading permit applied for by Valley Green Business Limited Partnership for grading work on part of Lot 3, Block 2, Valley Park 12th Addition. BACKGROUND: City staff has received a grading permit application, per the City's Zoning Code, for part of Lot 3, Block 2, Valley Park 12th Addition by Valley Green Business Park. This permit application has been routed to the Community Development Department and the Natural Resources Director for comments and for review by the Engineering Department. The grading permit is being applied for in order to raise the site to the proper grade elevation, in order to sell the property as an industrial site that is ready to build on. In review of the grading permit, there are a number of trees that are on the site and would have to be removed for the site to develop. Since there was much discussion and concern on removal of trees on a previous site done under a grading permit, staff believes that Council should review this grading permit for any conditions that they wish to apply to the grading permit. Under the City's Zoning Code Section 11.60, Subd. 6, Filling and Excavation, a grading permit issued by the City can have terms and conditions on the permit. In review of the permit application, at this particular point of time, the City does not have a City Tree Preservation Ordinance. However, the City is working on such an ordinance to preserve trees/reforestation that would apply to this property once adopted. From an Engineering perspective, the grading permit is in order as proper erosion control and grading has been shown on the grading plan. In order to grade the site to match into previous graded property and to meet 100-year elevations, the site needs to be filled which necessitates the trees to be removed from the site. It should be pointed out that Valley Park 12th Addition has a preliminary and final plat approval. The Natural Resources Director is conducting a tree survey on the proposed grading site and should have an evaluation of the proposed Tree Preservation Ordinance on this site by the Council meeting. ALTERNATIVES: 1. Approve the grading permit with conditions as determined by City Council. 2. Do not approve the grading permit until the Tree Preservation Ordinance is in affect. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. However, the City Council can add conditions and terms on the permit, as the Council deems appropriate. ACTION REQUESTED: Make a motion approving the grading permit for part of Lot 3, Block 2, Valley Park 12th Addition with terms and conditions as determined by City Council. nice Loney, P Public Works Director BL/pmp GRADING r ° ° — 'dQ )12lVd A377� ' 3 ,`; a# _ _._._an._ i'/IJ w- c .. -cru 1 iii E Q ' . 4( ki , \\AY ,„ , , ., x. t 1\ 1 „ ,,,,, . -,.. .,,,,,,,, ,N , , _,..\ _,,,,,.,..,,,,,,,,, , , ,,,::::,,,, \\' ''''\„, ,,,,,,„,,,,,,,,,,,,,,,,,, ,,,,...„,-.,-„, , 1 _ ` co .\ .„,,,‘ , 1„4.,.., : "Z'::•': \\!4 \ ,k \ I ' : Lu '''''',"\\\ \, ' ,) : z .0 - '- \\-\\\\ , .... A \ \ .. \\4'\,,\ I ' ' c\I , :hmit\.:. s.\\::\\k,‘,‘\::\:::\::\-N,.\\NNT:1., 4'' ';-4''' >. CO i n ' 1A4. �i Yi■■ '@A`S4s14ail�#iX.1134C N\ \\NN (I) I s ' 4,. k,„\ 4s...t \I 11 i \ < '.....\\'''''''‘\2„.\\ N \ , \\ \;,,,,,,,,,,,,,,:.,:i;:skir i , 0 , . . 'N.,,\\:\ . o , , � CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Grading Permit for Valley Park 12th Addition DATE: August 15, 2000 INTRODUCTION: This memo is to provide wording of conditions for grading permit on part of Lot 3, Block 2, Valley Park 12th Addition, as requested by Councilor Gary Morke. BACKGROUND: Previously a memo has been included in the Council packet in regard to a permit application from Valley Green Business for part of Lot 3, Bock 2, Valley Park 12th Addition. This land previously has had preliminary and final plat approval. In the past builders for industrial lots have done the grading work associated with this development once a building permit has been received. In the preliminary and final plat approval no grading plan was shown for this particular permit that is now being applied for. The main reason being is for grading of the lot in order to sell the lots to prospective buyers in the industrial development. Conditions that should be considered for this grading permit are as follows: 1. Grading permit fees must be paid before issuance of permit. 2. Any grading within the Mn/DOT right-of-way will need a Mn/DOT permit for work in their right-of-way. 3. The City Council may want to limit the amount of grading to be done on this site in order to preserve trees that may be preserved, depending on a future building permit. Council may elect to not allow the grading permit for Valley Park 12th Addition, but instead continue the practice of grading the site in conjunction with a future building permit, but then would have a firm development plan and grading associated with that particular building permit. These conditions can be discussed with the City Council at the Council meeting and depending on the discussion, Council can add conditions and terms on the permit, as it deems appropriate. 44"1- Bruce Loney Public Works Director BL/pmp PERMIT /A, .°9"-.‘ CITY OF SHAKOPEE /4�dbflaP MEMORANDUM To: Mayor and City Council Mark McNeil, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Tree Preservation Exercise of Valley Green Business Park's 12th Addition Parcel Date: August 15, 2000 INTRODUCTION With the permission of the owner of Lot 3, Block 2 of Valley Park 12th Addition, the City conducted a tree inventory on the property to determine the effects the City's proposed Tree Preservation Ordinance would have on this parcel if the ordinance was in place now. BACKGROUND The Tree Preservation Ordinance allows for the evaluation of specific sites as to the development's impact on trees and wooded areas. The goal is to: • Reduce tree loss during development; • Reduce damage to standing trees during construction; • Provide for replacement of trees lost during construction; • Provide for planting trees where none occurred previously and • Provide for maintenance of preserved trees after construction is completed. The proposed ordinance requires developers to provide the City a tree preservation plan prior to receiving a grading permit, building permit or any other permit. The applicant will be required to inventory trees on their property and identify those to be saved and those to be removed. A formula is used to determine how many trees the developer can remove without having to replace them. The proposed ordinance allows developers of residential areas to remove up to 20%of the trees and 30% for commercial and industrial lots. Another 25%is allowed for initial development such as site grading, streets, drainage-ways and utilities. When developers exceed the aforementioned percentages, they are required to replace the trees on site. If it's not possible to find a suitable site on the property or other property owned by the developer within the city, the City may have the trees placed on public property or require cash payment into a tree fund. TREE INVENTORY The purpose of the tree inventory is to assess the resources on the property. A qualified forester of landscape architect conducts the tree inventory. The inventory, which is part of the tree preservation plan, depicts the size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be platted or within the parcel of record. The inventory, like the one attached, also identifies all significant trees, specimen trees, and significant woodlands within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. RESULTS OF INVENTORY AND IMPACT On August 9 & 10,the Kunde Company, Inc., on behalf on the City, conducted a tree inventory of the parcel proposed for grading by Valley Green Business Park. The report indicated there are a total of a total of 155 significant trees on the property of which 112 are hardwood trees, 16 softwood trees and 6 conifers. Add the total DBH(Diameters at Breast Height) of significant trees and it would total 2173 diameter inches. The estimated value of trees removed (in this case, they all may be removed)would take some time to determine. Staff has not had enough time to make those calculations and apply the going rate of various trees and their sizes. A rough estimate to replace all the trees minus the 30% allowable tree removal would •- in then-ighb•rhoo• •f'.40,000.00. 110 /L✓ i.1 / . - _ ark J. 'Quillan Natural Resource Director Significant Trees at Valley Park 12th Addition, Parcel C, Shakopee, Minnesota Type Conifor Tag# Species DBH Condition 593 Redcedar,Eastern 6.0 4 608 Redcedar,Eastern 5.0 7 622 Redcedar,Eastern 5.0 4 623 Redcedar,Eastern 4.0 4 625 Redcedar,Eastern 2.5 6 631 Redcedar,Eastern 4.5 7 Summary for Type'= Conifer(6 detail records) Total Diameter Inches 27.0 Avg DBH and Condition 4.5 5.333333333 Max Diameter 6.0 Type Hardwood Tag # Species DBH Condition 501 Oak,bur 41.0 5 502 Oak,bur 39.0 5 504 Oak,bur 34.0 4 505 Oak,bur 33.0 5 507 Oak,northern red 32.0 5 508 Oak,bur 32.0 4 509 Oak,bur 31.0 510 Oak.bur 31.0 6 511 Oak,bur 31.0 4 512 Oak,bur 30.0 6 513 Oak,bur 29.0 4 514 Oak,bur 28.0 6 515 Oak,bur 27.0 4 516 Oak,bur 27.0 5 517 Oak,bur 27.0 5 8/10/00 Kunde Co.,Inc., Roseville, Minnesota Page 1 of 5 , 518 Hackberry 27.0 8 519 Oak,bur 25.0 5 520 Oak,bur 25.0 4 521 Oak,white 25.0 6 522 Oak,white 25.0 8 523 Oak,bur 25.0 4 524 Oak,bur 25.0 4 525 Oak,bur 25.0 4 526 Oak,bur 25.0 6 529 Oak,bur 24.0 6 530 Cherry,black 23.0 4 531 Oak,bur 23.0 6 532 Cherry,black 23.0 5 536 Oak,bur 22.0 4 537 Cherry,black 22.0 6 538 Cherry,black 21.0 6 539 Oak,bur 21.0 6 540 Oak,bur 20.0 8 541 Oak,bur 20.0 8 542 Oak,bur 20.0 6 543 Oak,northern red 20.0 7 544 Oak,bur 19.0 7 545 Oak,bur 19.0 5 547 Oak,bur 19.0 7 548 Oak,bur 19.0 6 549 Oak,bur 19.0 4 550 Cherry,black 18.0 5 551 Oak,northern red 18.0 6 552 Cherry,black 18.0 4 553 Hackberry 17.0 8 8/10/00 Kunde Co., Inc., Roseville, Minnesota Page 2 of 5 554 Cherry,black 17.0 5 555 Oak,bur 17.0 8 556 Oak,bur 16.0 6 557 Oak,bur 16.0 7 558 Oak,bur 16.0 4 559 Oak,bur 16.0 6 560 Oak,northern red 16.0 6 561 Oak,bur 16.0 6 562 Oak,bur 15.0 6 565 Cherry,black 15.0 4 566 Hackberry 15.0 6 568 Cherry,black 15.0 6 570 Oak,bur 14.0 6 572 Oak,bur 14.0 5 573 Oak,bur 14.0 4 574 Hackberry 14.0 7 575 Oak,bur 13.0 5 576 Oak,bur 13.0 6 577 Oak,bur 13.0 6 578 Oak,northern red 13.0 4 579 Oak,northern red 13.0 5 580 Cherry,black 13.0 4 581 Oak,bur 13.0 6 582 Oak,bur 13.0 6 583 Oak,northern red 12.0 6 584 Hackberry 12.0 6 585 Oak,bur 12.0 6 586 Oak,bur 12.0 6 587 Oak,northern red 12.0 4 588 Oak,bur 12.0 8 8/10/00 Kande Co., Inc., Roseville, Minnesota Page 3 of 5 590 Oak,bur 12.0 6 591 Oak,bur 11.0 6 592 Cherry,black 11.0 4 594 Oak,bur 11.0 4 595 Oak,northern red 11.0 6 596 Oak,bur 11.0 6 597 Oak,northern red 11.0 5 598 Oak,northern red 11.0 6 599 Oak,northern red 11.0 6 600 Oak,northern red 10.0 6 601 Oak,bur 10.0 6 602 Oak,bur 10.0 6 603 Oak,northern red 10.0 6 604 Oak,bur 10.0 6 605 Cherry,black 10.0 5 606 Oak,bur 9.0 5 607 Oak,bur 9.0 5 610 Oak,bur 9.0 4 611 Oak.bur 9.0 6 612 Oak.bur 9.0 6 613 Oak.bur 9.0 6 614 Oak.bur 9.0 6 615 Oak,bur 9.0 4 616 Oak,bur 9.0 6 617 Oak,bur 8.0 5 618 Oak,bur 8.0 4 619 Oak,bur 8.0 4 620 Oak,bur 7.0 4 624 Oak,northern red 7.0 6 626 Oak,bur 7.0 6 8/10/00 Kunde Co., Inc., Roseville, Minnesota Page 4 of 5 627 Oak,northern red 7.0 6 628 Oak,northern red 7.0 6 629 Oak,bur 7.0 5 630 Oak,bur 6.0 4 632 Oak,northern red 6.0 4 633 Oak,bur 6.0 4 634 Oak,northern red 6.0 6 Summary for'Type'= Hardwood(112 detail records) Total Diameter Inches 1877.0 Avg DBH and Condition 16.8 5.473214286 Max Diameter 41.0 Type Softwood Tag# Species DBH Condition 503 Elm,Siberian 17.0 6 506 Elm,Siberian 13.0 6 527 Cottonwood 41.0 4 528 Elm,American 23.0 4 533 Elm.American 15.0 7 534 Boxelder 15.0 4 535 Elm.American 12.0 6 546 Cottonwood 23.0 7 563 Elm,American 12.0 6 564 Elm,American 15.0 6 567 Boxelder 13.0 4 569 Boxelder 13.0 4 571 Boxelder 18.0 4 589 Elm,American 14.0 5 609 Cottonwood 13.0 8 621 Elm,American 12.0 5 Summary for'Type'= Softwood(16 detail records) Total Diameter Inches 269.0 Avg DBH and Condition 16.8 5.375 Max Diameter 41.0 Grand Total 2173.0 8/10/00 Kunde Co., Inc., Roseville, Minnesota Page 5 of 5 Specimen TreesVI.' Tag# Species DBH Condition 501 Oak,bur 41.0 5 502 Oak,bur 39.0 5 504 Oak,bur 34.0 4 505 Oak,bur 33.0 5 507 Oak,northern red 32.0 5 508 Oak,bur 32.0 4 509 Oak,bur 31.0 6 510 Oak,bur 31.0 6 511 Oak,bur 31.0 4 512 Oak,bur 30.0 6 Thursday,August 10,2000 Page 1 of 1 Z1 a LL ■ O en!JQ )Wed Aelien ■ M io IS) IP iv': * * a . a * ... CU * We * w * o N * Nil * M C 0. 4) > * f lik * * 0 � m a) LL c Dpi § o Wct o ZW m m r W rt W ■ V H• V V © H _ 91a0J8dH / . 0. 3. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Parking One Side Only for Park Place, From 12th Avenue to Valley Park Drive DATE: August 15, 2000 INTRODUCTION: This item is for Council consideration to post one side parking only for Park Place, from 12th Avenue to Valley Park Drive. BACKGROUND: Recently the City of Shakopee Engineering Department has been made aware of a situation on Park Place that warrants additional parking restrictions. Park Place is in the Valley Green Industrial Park and is a 36 foot wide curb & gutter street, from 12th Avenue to Valley Park Drive. With the recent expansion of ADC Tele-Communications, there is a significant amount of parking on both sides of the street by employees on Park Place. With parking on both sides, almost continuously from intersection to driveway, there is extreme difficulty for semi-trucks delivering products to ADC Communications and Silgon Containers, thus making it necessary to restrict parking to one side only. Staff, the Fire Inspector and Police Department have reviewed the parking situation and believe it is necessary to restrict parking to one side only. Per City Council Code, Section 7.03, Parking and Traffic Control, this requires Council action for any device, sign or signal to be erected or maintained for traffic or parking control, thus the Council must approve the installation of such. Staff is recommending that "No Parking" signs be installed on one side of Park Place, and the parking restriction would be on the west and north sides of Park Place from 12th Avenue to Valley Park Drive. ALTERNATIVES: 1. Direct staff to install "No Parking" signs on one side of Park Place, from 12th Avenue to Valley Park Drive as described in this memorandum. 2. Direct staff to leave the traffic signs as is. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to install "No Parking" signs on one side of Park Place, from 12th Avenue to Valley Park Drive in order for semi-trailers to use the street in a safe way. ACTION REQUESTED: Direct staff to install "No Parking" signs on one side of Park Place, from 12th Avenue to Valley Park Drive and as mentioned in this memorandum. / I l I to Bruce Loney Public Works Director BL/pmp PARKING A \ \€ ,- {k3}1 iffy;.' 4.' 04 �,k 11 }'Oh At tt— 4 \ i: '!",;: ___._::'= 1 : [ i•,'0. ,} g€ j �.,,a3._._.Fii ; t d ti, , , 1 i } „ ? £:, i 0 0 - � ... ..;..a. .Atu- - 1}mak .,.. #" t -4 mm L/ \ t i ".,V \t m.. ;°ill } j 1$ I t, jI. ,Ili .pts d: z'. ,F`t�., 1111 , �t �. ' "1 j,1 / 1; ' ' .: ,== 2: -7 w. E :-I,* {a `. `' .. ate } - 3 I �: �Y * IA , H. 41 �e ' I rtf est1,, .' �. 3 ., ��qQf; � ' "� 00,00 , ., R as:` '. •+ „,r N —(.1. .T,„.' 1.,;:,.. � ; _ Z 1 vi �� ,s Iii , ‘-‘;'....4 . ,„...y.,/ ''.7 '''./ :,.. ..4.'1 '..i.,,'" `,-,..,.;0. 2) i 111'..!. fel t I�' Nl«I � ; ki s t A= . =4, f',, 'c.:9; V'',', ii 4 r �� � w ill -. PTiREVISIONS r717lIN.Jr�iS PROPOSED PROJECT SITE . �^ a PARK PLACE „� 0.6..... ..--..D %a k BY: ktll! mm .,=. P CITY MOFemorandum SHAKOPEE TO: Bruce Loney, Public Works Director FROM: Tom Pitschneider, Fire Inspector SUBJECT: Park Place parking issues DATE: August 8, 2000 I have viewed the parking situation on Park Place and there are several issues to address. #1 - This street is 36 feet in width. Due to the width of the large trucks accessing this roadway it is difficult for two large trucks to meet on this portion of roadway with vehicle parking on 2-sides. This issue is compounded at the intersection of Park Place & Broadband Boulevard. #2 - Parking in front of fire hydrants is a problem in the area. ADC has been advised of this issue. #3 -Vehicles are parked at the immediate edge of driveway and/or roadway openings. I have observed vehicles parked so the front or rear bumper is at the exact point the driveway radius ends, this makes it difficult for large trucks to maneuver and often requires them to back-up in the middle of their turn. • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Right-of-Way Management Fees, Resolution No. 5395 DATE: August 15, 2000 INTRODUCTION: At the August 1, 2000 City Council meeting, City Council passed Ordinance No. 570, an ordinance adopting additional administration and regulation for managing public right-of- way in the City of Shakopee. This agenda item is to consider a resolution amending fees for administration and regulation of the public right-of-way for the City of Shakopee. BACKGROUND: The new Right-of-Way Management Ordinance that was modeled after the League of Minnesota Cities ordinance does allow the City to recoup its management costs for administering and regulating the right-of-way used by various right-of-way users. The City's 2000 Fee Schedule does include right-of-way permits. However, the Fee Schedule should be amended to include all the necessary permits associated with right-of-way management. Attached to this memo is Resolution No. 5395, a resolution that amends Resolution No. 5293 for the fees for administering and regulation for public right-of-way for the City of Shakopee. With the public right-of-way permits, these are the following permit categories with fees to be established: • Registration Fee • Excavation Permit Fee • Obstruction Permit • Permit Extension Fee • Delay Penalty • Degradation Fee • Unauthorized Work Staff based these fees on the time required necessary to process each particular category, and these fees should be reviewed on an annual basis for possible changes in the fee structure. Also attached to this memo is a Summary of Ordinance No. 570, as prepared by Jim Strommen of Kennedy & Graven. Per Jim Thomson, a motion should be approved by the City Council in order to publish the summary of Ordinance No. 570 versus the entire ordinance. By publishing a summary, the cost of publication is much less and still provides for a clear intent of the ordinance. ALTERNATIVES: 1. Adopt Resolution No. 5395, a resolution amending Resolution No. 5293, amending fees for administration and regulation of public right-of-way for the City of Shakopee. 2. Deny Resolution No. 5395. 3. Adopt Resolution No. 5395, with modifications as determined by City Council. 4. Table for additional information. 5. Approve a motion determining that the summary of Ordinance No. 570 clearly informs the public of the intent and effect of the ordinance, and approves and directs that only the title of Ordinance No. 570 and a summary of it be published. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5395, to establish a new right-of-way permit fee schedule based on the recently adopted Right-of-Way Management Ordinance. Alternative No. 5 is recommended in order to publish a summary of Ordinance No. 570 and requires a 4/5 vote for approval. ACTION REQUESTED: 1. Offer Resolution No. 5395, A Resolution Amending Resolution No. 5293 and move its adoption. 2. Approve a motion determining that the summary of Ordinance No. 570 clearly informs the public of the intent and effect of the ordinance, and approves and directs that only the title of Ordinance No. 570 and a summary of it be published. Bruce Loney/ Public Works irector BL/pmp MEM5395 ORDINANCE NO.570,FOURTH SERIES AN ORDINANCE RELATING TO THE ADMINISTRATION AND REGULATION OF PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST,AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS; ADDING SECTION 7.17 TO THE SHAKOPEE CITY CODE (Summary Publication) The City Council has determined that Ordinance No. 570 should be published in summary form pursuant to Minnesota Statutes, Section 412.191, subdivision 4. The complete text of the Ordinance is available for inspection during regular business hours at the office of the city clerk. SUMMARY OF ORDINANCE NO. 570 Sec. 7.17, Subd. 1 FINDINGS,PURPOSE,AND INTENT. This subdivision sets forth the purpose, scope and applicable statutes and Minnesota Rules governing this ordinance. The purpose of the ordinance is to coordinate and manage right-of-way use by utilities of all types, including gas, electric, telecommunications, cable or new types of communication facilities and including the city or other governmental use. Sec. 7.17, Subd. 2 ELECTION TO MANAGE THE PUBLIC RIGHTS OF WAY. This subdivision recites the intent of the city to manage its rights of way under the election provision of Minnesota Statutes, Sec. 237.163, subd.2(b). Sec. 7.17, Subd. 3 DEFINITIONS. This subdivision sets forth the definitions used in the ordinance. Sec. 7.17, Subd. 4 ADMINISTRATION. This subdivision vests the public works director with responsibility for administration of the rights- of-way. Sec. 7.17, Subd. 5 UTILITY COORDINATION COMMITTEE. This subdivision allows the city to establish an advisory utility ordination committee, consisting of representatives from the various types of right-of-way users. Sec. 7.17, Subd. 6 REGISTRATION AND RIGHT OF WAY OCCUPANCY. JMS-184284v1 SH155-87 1 This subdivision establishes the procedure for registration by any person who uses or seeks to use the right-of-way for the placement of equipment or facilities. This subdivision also lists the exceptions to registration and permitting requirements for right-of- way use, such as planting or landscaping on the right-of-way boulevard, snow removal and other non-utility functions carried out by residents or businesses. Sec. 7.17, Subd. 7 REGISTRATION INFORMATION. This subdivision lists the required information from persons using the right-of-way submitted to the city. Sec. 7.17, Subd. 8 REPORTING OBLIGATIONS. This subdivision lists the information to be provided to the city for anticipated projects by right-of- way users. Sec. 7.17, Subd. 9 PERMIT REQUIREMENT. This subdivision describes the types of permits that must be obtained for the obstruction of and excavation in the right-of-way. Sec. 7.17, Subd. 10 PERMIT APPLICATIONS. This subdivision describes the type of information that must be included in any permit application. Sec. 7.17, Subd. 11 ISSUANCE OF PERMIT; CONDITIONS. This subdivision states that the City must issue a permit when the information is provided and may impose reasonable conditions in the interests of health, safety and welfare. Sec. 7.17, Subd. 12 PERMIT FEES. This subdivision describes the types of permit fees that will be charged for obstruction and excavation in the right-of-way. Sec. 7.17, Subd. 13 RIGHT OF WAY PATCHING AND RESTORATION. This subdivision describes the process whereby a right-of-way user will patch or restore the right- of-way when it is excavated. Sec. 7.17, Subd. 14 JOINT APPLICATION AND PERMITTING This subdivision allows for joint application and joint permitting when two or more utilities are undertaking a project at the same time. JMS-184284v1 SH155-87 2 Sec. 7.17, Subd. 15 SUPPLEMENTARY APPLICATION. This subdivision provides for additional permits when additional work outside of the originally- contemplated area is necessary. Sec. 7.17, Subd. 16 OTHER OBLIGATIONS. This subdivision describes the additional compliance requirements of right of way users with federal and state law and with state standards for local traffic coordination. Sec. 7.17, Subd. 17 DENIAL OF PERMIT. This subdivision allows the city to deny a permit to protect the health, safety and welfare of the public or when necessary to protect the right-of-way in its current use. Sec. 7.17, Subd. 18 INSTALLATION REQUIREMENTS. This requires that installation of facilities and restoration of the right-of-way must comply with Minnesota Rules 7819.1100. Sec. 7.17, Subd. 19 INSPECTION. This subdivision sets forth the inspection rights of the public works director when work is not done properly or when a substantial breach of a permit or ordinance has occurred. Sec. 7.17, Subd.20 WORK DONE WITHOUT A PERMIT. This subdivision describes the procedure and penalties when work is carried out without a permit, in emergency and non-emergency situations. Sec. 7.17, Subd. 21 SUPPLEMENTARY NOTIFICATION. This subdivision requires the right-of-way user to inform the city when circumstances of the work have changed. Sec. 7.17, Subd. 22 REVOCATION OF PERMITS. This subdivision describes the circumstances under which the city may revoke a permit. It sets forth the procedural safeguards when a city notifies a permittee that it considers it to be subject to a revocation. This subdivision also provides for a probation program upon the establishment of criteria for probation by the city council. Sec. 7.17, Subd. 23 MAPPING DATA. This subdivision requires the permittee to provide mapping of underground facilities to the city in accordance to Minn.Rules 7819.4000 and.4100. JMS-184284v1 SH155-87 3 Sec. 7.17, Subd. 24 UNDERGROUNDING This subdivision establishes the policy and procedures of the city regarding the undergrounding of new, relocated and existing facilities. It provides that new facilities will be undergrounded, unless certain exceptions are shown. The city may require undergrounding when a public improvement project causes the overhead facilities to be relocated. It also provides a public hearing procedure to establish a plan by the city council if the city deems it appropriate to retire existing overhead facilities. Sec. 7.17, Subd. 25 RELOCATION OF FACILITIES. This subdivision cites the requirements for relocating facilities in accordance with Minn. Rule 7819.3100. Sec. 7.17, Subd. 26 INTERFERENCE BY OTHER FACILITIES. This subdivision provides that when other right-of-way users' facilities interfere with the work of the city done in its right-of-way management capacity, that the other parties shall pay the city its costs incurred. Sec. 7.17, Subd. 27 RIGHT OF WAY VACATION. This subdivision establishes that the city will follow Minnesota Rule 7819.3200 regarding right-of- way vacation. Sec. 7.17, Subd. 28 INDEMNIFICATION AND LIABILITY. This subdivision establishes the indemnification and allocation of liability from the right-of-way user to the city. Sec. 7.17, Subd. 29 ABANDONED AND UNUSABLE FACILITIES. This subdivision sets forth the requirements for removal of abandoned facilities. Sec. 7.17, Subd. 30 APPEAL. This subdivision sets forth the appeal rights of a right-of-way user when it has been denied registration, a permit, has had a permit revoked or otherwise feels that the City is not acting in conformity with the law. Sec. 7.17, Subd. 31 RESERVATION OF REGULATORY AND POLICE POWERS. This subdivision reserves all police power rights to the city. Sec. 7.17, Subd. 32 SEVERABILITY. JMS-184284v1 SH155-87 4 This subdivision provides that if any subdivision of this ordinance is stricken as unenforceable, that the remaining ordinance will be enforceable. Jon P.Brekke Mayor, City of Shakopee ATTEST: Judith S. Cox City Clerk JMS-184284v1 SH155-87 5 RESOLUTION NO. 5395 A Resolution Amending Resolution No. 5293 Amending Fees For Administration and Regulation Of Public Rights-of-Way For The City of Shakopee WHEREAS,the City Council has adopted a Fee Schedule for the fiscal year; and WHEREAS, Ordinance No. 570 requires additional administration and regulation duties to manage the public rights-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That Resolution No. 5293, the 2000 Fee Schedule, is hereby amended on Page 18, Work in Public Right-of-Way Permits as follows: Right-of-Way Permits A. Registration Fee $45.00 per registration B. Excavation Permit Fee 1. Hole $125.00 2. Emergency Hole $55.00 3. Trench $40.00 per 100 lineal feet * The maximum length of plus hole fee a trench permit shall be 5,000 lineal feet C. Obstruction Permit $50.00 plus $.06 per lineal * The maximum length of foot for each obstruction an obstruction permit shall be 5,000 lineal feet D. Delay Penalty $25.00 plus $25.00 per week or portion thereof E. Permit Extension (See Delay Penalty) F. Degradation Fee Fee will be based on all costs to repair the street to the appropriate street restoration detail plates if the permittee elects not to repair the street G. Unauthorized Work Permit Fee is up to double the permit fee 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 CITY OF SHAKOPEE Memorandum TO: Mayor and CityCouncil CONSENT Y Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Purchase of Box, Hoist, 10' V-Plow and Tailgate Sander DATE: August 15, 2000 INTRODUCTION: The Public Works Department is requesting to purchase a box, hoist, 10' V-plow and tailgate sander for the new Ford 550 4x4. These purchases will complete the unit. BACKGROUND: The Public Works Department has taken delivery of the new Ford 550 4x4, which replaced the 1990 Chev. 3500 4x4 and has obtained quotes for the box, hoist, 10' V-plow and tailgate sander. The low quote for the box and hoist came from Midland Equipment Co. for $14,105.00. The Public Works Department used State bid pricing for the purchase of the 10' V-plow and tailgate sander from Crysteel Truck Equipment for $8,125.00. This truck is used in the Sanitary Sewer Division to haul and tow equipment and also the Street Division to plow parking lots, cul-de-sacs and alleys. ALTERNATIVES: 1. Authorize the purchase of a 10' V-plow and tailgate sander from Crysteel Truck Equipment for $8,125.00 and accept the low quote for the box and hoist from Midland Equipment Co. and authorize the purchase for$14,105.00. 2. Deny the above request. 3. Table for additional information. RECOMMENDATION: The Public Works Department recommends Alternative No. 1. ACTION REQUESTED: Make a motion to authorize the purchase of a 10' V-plow and tailgate sander from Crysteel Truck Equip. for $8,125.00 and accept the low quote for the box and hoist from Midland Equipment Co. and authorize the purchase for$14,105.00. Michael Hullander Public Works Supervisor CITY OF SHAKOPEE Memorandum on the Table TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Consider Constructing Pond in Valley park 6th Addition DATE: August 15, 2000 INTRODUCTION: In 1997, Resolution 4628 authorized staff to prepare a feasibility report for storm sewer improvements within the Valley Park 6th Addition. Staff has been working on this report, and although it has not been completed, it is known that a pond will be needed for both water quality improvements and for rate control. Staff is asking Council to consider constructing this pond, or at least a portion of it, this year. BACKGROUND: In 1997, there was considerable construction activity occurring within the Valley Park 6th Addition. This activity prompted staff to request that a feasibility report be prepared for storm sewer improvements. Since 1997, additional building permits have been issued for this area, and most of these sites have added ponding and storm sewer as part of their building permit approval. These storm sewer improvements have helped alleviate some of the problems. Although the report has taken longer to complete than anticipated, staff hopes to present it to the Council within the next year. Although the report has not been completed, additional ponding for this development is needed to help improve water quality and reduce outlet rates for the site. This pond is proposed to be located on Outlot A of Valley Park 6th Addition, as was originally planned when the City took ownership of this lot several years ago. Staff is aware of at least two sites in town where developers/builders are short of material for their own projects. Staff believes that if the City requests bids for the excavation of this pond, that the cost will be much lower than if the City waited until a time when the material is not needed on other sites. It may even be possible to have the pond excavated and restored at no cost. For this type of project, the timing of the work has a large influence on the actual cost to perform the work. For this reason, staff has placed this item on the table, for consideration. Council is being asked to authorize staff to advertise and solicit quotes for the excavation of this pond. After quotes have been received, Council will be asked to consider the quotes, and consider whether or not to award a contract. ALTERNATIVES: 1. Move to authorize the appropriate city officials to advertise for quotes, for the excavation of a pond in Outlot A, Valley Park 6`h Addition. 2. Do not authorize staff to solicit quotes. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative Number 1. ACTION REQUESTED: Move to authorize the appropriate city officials to advertise for quotes, for the excavation of a pond in Outlot A, Valley Park 6th Addition. 41111r,,,/ 't t Joel Rutherford Assistant City Engineer CONSENT MEMORANDUM FOR THE TABLE. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment of Mark J. Noble to the position of Planner I MEETING DATE: August 15, 2000 INTRODUCTION: Council is asked to appoint Mark J. Noble to the Planner I position that was vacated by Jared Andrews. Mr. Noble brings 11+years of experience to the position. Council is asked to approve Mr. Noble's appointment at Step 1 of Pay Grade G($36,080), with an increase to Step 2 to be granted upon successful completion of the 6-month probationary period and an increase to Step 3 one-year after his employment start date. Mr. Noble has asked for flexibility in his actual start date, so the Council is asked to approve his employment to begin within two to four weeks of today's date. STAFF RECOMMENDATION: I recommend the appointment of Mark Noble to the position of Planner I effective from two to four weeks of August 15, 2000, at Step 1 of Pay Grade G with an increase to Step 2 to be granted upon successful completion of the 6-month probationary period and to Step 3 one-year after his employment start date. ACTION REQUESTED: The Council is asked to offer and pass a motion approving the appointment of Mark Noble to the position of Planner I effective from two to four weeks of August 15, 2000, at Step 1 of Pay Grade G with an increase to Step 2 to be granted upon successful completion of the 6-month probationary period and to Step 3 one-year after his employment start date. This appointment is contingent upon the successful completion of a pre-employment physical. R. Michael Leek Community Development Director Jae 6. 2_ . CITY OF SHAKOPEE Memorandum CONSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: August 9, 2000 Subject: Successful Completion of Probation Introduction The Police Department is taking this opportunity to notify the City Council that the services of Cody Horner have been satisfactory and recommend he be retained in the position of Police Officer as authorized by Section VIII, paragraph H-4 of the Personnel Handbook. Background The City Council authorized the appointment of Cody Horner to the position of probationary police officer effective June 7, 1999. Officer Horner's probation was extended three months to August 30, 2000. Officer Horner has performed the responsibilities of the position in a satisfactory manner over the past 3 months. Action Reauested If Council concurs, they should, by motion acknowledge the satisfactory completion of probation and authorize the retention of Cody Horner as a Police Officer effective August 30, 2000. Dan u. Chief of Police ) 2. E. 3, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Police Chief Employment Agreement Modification DATE: August 10,2000 INTRODUCTION: The Council is asked to consider changes the terms of employment for Police Chief Dan Hughes. BACKGROUND: As part of his personnel evaluation earlier this year, Chief Hughes requested that modifications be made to his employment agreement that will bring him more in line with contracts for the two other law enforcement bargaining units: 1. POST License This would be a new section, similar to the language in the Police Officers Union. This section would read: "The Employer will pay up to ninety dollars($90)towards the renewal of the Police Officers Standards and Training (POST) License every three years,while the Employee is actively employed by the City of Shakopee." 2. Injured on Duty -Both of the units have the following language, which Chief Hughes requests: "If the Employee is injured while on duty,through no fault of the Employee,he shall be paid the difference between the Employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75)working days, in accordance with guidelines set forth in NS 176.021, Subd. 5,beginning with the sixth(6th)working day of such injury. Such time shall not be charged against the Employee's sick leave, vacation, or other accumulated benefits." 3. Service Clubs—The Employee Personnel Handbook has language that reads the following language: "Membership Fees". Upon approval of the Department head,the City will pay for membership in professional organizations where membership is required by law or as deemed beneficial to the City." Chief Hughes would like to have this language in his employment agreement, but modified to add: "service clubs"following the professional organizations. This would allow reimbursement of his Rotary membership. 4. Holidays The Chief asks that the following language be incorporated into his contract regarding Holidays: "The Employer may, at his/her option,buy back from any employee so requesting in writing by November 15t of each calendar year any Holiday time off earned but not used by the Employee by December 31st of any calendar year." The standard practice, and one authorized by the City Council, is that up to 40 hours of Holiday time maybe bought back by the City. This is applicable to both Police Unions,the Chief asked that this be incorporated into his agreement. BUDGET IMPACT: The budget impact to the City would be$30.00 per year(average cost of the POST License), and$110 per year(the current dues for Rotary). Obviously, if he is injured on duty,that would have an impact on City finances, but would not until that time. The major financial impact will be that of the 40 hours of Holiday buy back. At his current rate of pay,that will amount to approximately $1800. That can be absorbed into the Police budget. On the other hand, it will mean that he would be on duty for 40 additional hours during the year. RECOMMENDATION: I recommend that these changes be approved, and incorporated in to his"Terms of Employment" letter. These terms would become effective upon adoption by the City Council. ACTION REQUIRED: If the Council concurs, it should,by motion,direct that the above-described modifications to the Terms of Employment be incorporated into that document dated February 3, 1998. Mark McNeill City Administrator MM:th CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pablo's Mexican Restaurant DATE: August 9, 2000 INTRODUCTION: The Council is asked to authorize conveyance of land adjacent to Pablo's Mexican Restaurant, 230 South Lewis St., in order to facilitate an outside dining area. This was tabled at the July 18th meeting, and therefore, should be removed from the table for discussion. BACKGROUND: At the Council meeting of July 18th,the City Council heard information relating to a request from Paul Schwaesdall, owner of Pablo's Mexican Restaurant,that would allow a sale of land currently owned by the City to Mr. Schwaesdall, so as to accommodate outdoor dining. A sale of land for landscaping and esthetic purposes was authorized by the City Council in October 1993, but that arrangement contained a reversionary clause assuring that it would be used for nothing other than esthetic purposes. While a fountain and other landscaping accoutrements where installed,the sale of that land was never recorded. Mr. Schwaesdall now purposes to use this land as outdoor dining. In addition to the "1993" land,he is also seeking to purchase other land adjacent to his building including the sidewalk in front of the building. I am unclear as to whether this was made evident to the City Council at the July 18th meeting. If the Council chooses to proceed with this sale, as it is a for profit venture, a transfer of that land from public ownership to a private entity such as Pablo's should be done at fair market value. Establishing a price was the primary reason that action on this was deferred at the July 18th meeting. Council should be aware that once this land sale is completed, given the"zero setback" in the downtown zoning district,the area being sold could be enclosed later as a building • addition. If it is the Council's desire to keep this area open(for outdoor dining), it should consider a condition be added to the deed. DISCUSSION: Given the size of the land, it is not cost effective to have a market analysis done by an appraiser. I did speak with the County Assessor,who indicated that land in the downtown area varied significantly,but was valued up to $6.50 per square foot for the type of property being considered for sale here. On the other hand,the City did recently transfer to Olympic Pools approximately 1800 square feet of land(that had been a remnant from a railroad right of way) for parking purposes at$1.00 per square foot. I discussed this with Mr. Schwaesdall. He acknowledges that the land is more valuable than that sold to Olympic Pools, and is agreeable to a sale at$2.50 per square foot. The actual number of square feet may need to be determined after a layout is finalized for the outdoor dining area desired for purchase. The City has not been provided with an accurate legal description. A transfer will be done by quitclaim deed. One added concern is that the proposed purchase will include most of the sidewalk in front of the building. If this transfer takes place,pedestrians in the area will be force into the City parking lot. RECOMMENDATION: If the Council wishes to sell the land at$2.50 per square foot, it should direct that a quitclaim deed be entered into between Paul Schwaesdall, doing business as Pablo's Mexican Restaurant, and the City of Shakopee. However, this should be contingent upon the BOAA granting a Conditional Use Permit for a Class II restaurant. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate parties to execute a quitclaim deed,with any appropriate conditions,with Pablo's Mexican Restaurant, Inc. for land to be used for outdoor dining adjacent to the business at 230 South Lewis. Mark McNeill City Administrator MM:th CC: Jim Thomson Paul Schwaesdall Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: (reserved for recording data) FOR VALUABLE CONSIDERATION, The City of Shakopee, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quit claims to Pablos Mexican Restaurant, Inc., a Minnesota Corporation, real property in Scott County,Minnesota,described as follows Beginning at the center of the vacated alley between Lots 5 and 6, Block 30, thence northerly 24 feet along the Lewis Street right-of-way, thence westerly at right angles 32 feet, thence southerly at right angles parallel to the Lewis Street right-of-way line 16 feet to a point 8 feet northerly of the center of the vacated alley,thence westerly at right angles 88 feet,thence southerly at right angles 8 feet to the center of the vacated alley on the extension of the west lot line of Lot 4,thence easterly approximately 120 feet to the point of beginning,all in the City of Shakopee, Scott County,Minnesota. (if more space is needed,continue on back) together with all hereditaments and appurtenances. OThe Seller certifies that the seller does not know of any wells on the described real property. ❑A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. THE CITY OF SHAKOPEE Affix Deed Tax Stamp Here By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA } ss. COUNTY OF SCOTT The foregoing was acknowledged before me this_day of , 2000, by Jon Brekke,the Mayor of the City of Shakopee, Mark McNeill, the city administrator of the City of Shakopee, and Judy Cox,the city clerk of the city of Shakopee,a municipal corporation under the laws of Minnesota,on behalf of the corporation,Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Check here if part or all of the land is Registered(Torrens) THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): Kennedy&Graven,Chartered 470 Pillsbury Center Pablos Mexican Restaurant,Inc. 200 South Sixth Street 230 South Lewis Street Minneapolis,Minnesota 55402 Shakopee,MN 55379 (612)337-9300 BT-184456v1 12 12-- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Request to Amend Liquor License from Paul Schwaesdall, Pablo's Mexican Restaurant DATE: August 10, 2000 INTRODUCTION: City Council is asked to consider the request of Paul Schwaesdale to amend his on-sale intoxicating liquor license to include outdoor dining and drinking. BACKGROUND: On July 18, 2000, City Council discussed the requests of Mr. Schwaesdale to lift restrictions on property previously conveyed to him so that he could have outside dining and drinking, see memo dated July 13, 2000, attached. At that time City Council directed staff to publish the appropriate notice regarding the amendment to the license and to negotiate with Mr. Schwaesdall on the compensation for the transfer of the property. The transfer of the property is discussed in a separate memo from Mr. Mark McNeill, City Administrator, and appears elsewhere on this agenda. According to the memo from Officer Angela Trutnau, the plan she reviewed with Mr. Schwaesdall included outdoor drinking on the east side of the building and outdoor dining on the west side of the building. Officer Trutnau is recommending that the area where outdoor drinking will be allowed be fenced and be accessible from the interior of the building. This would not be required for outdoor dining onthe west side if alcohol will not be served. She also noted that the lighting needs to be more than the existing lighting. See attached memo from Officer Trutnau to Julie Klima, Planner II, containing her comments with regard to the application for a conditional use permit. Mr. Schwaesdall has made application for a conditional use permit for a Class II Restaurant. A Class II Restaurant is a restaurant that serves alcohol. Mr. Schwaesdall had an existing license when the city code was amended to require the CUP, so he was grandfathered in without a CUP. The request to amend the license triggered the need for Mr. Schaewsdall to obtain the CUP at this time. The CUP is on the September 7th Planning Commission agenda. Pablo's Mexican Restaurant August 10, 2000 Page 2 City Council has previously amended the liquor licenses to include outside consumption of alcohol for both Dangerfields Restaurant and The Main Event. In both cases the outside area is screened and access is from the interior of the restaurant. ALTERNATIVES: 1. Approve request and amend the license to allow outdoor drinking with no conditions 2. Approve request and amend the license to allow outdoor drinking with conditions 3. Deny the request to have outdoor drinking RECOMMENDED ACTION: If Council concurs, approve an amendment to the on-sale intoxicating liquor license of Pablo's Mexican Restaurant, Inc. to allow outdoor drinking with the conditions that: 1) access be from the interior of the restaurant with screening and lighting as required by the Chief of Police, and 2) receipt of a conditional use permit for a Class II Restaurant. 41‹.— I:\clerk\jeanette\liquor\schwaesdall • SHAKOPEE DAN HUGHES Chief of Police Police Department E-Mail: DHughes@ci.shakopee.mn.us To: Julie Klima From: Officer Angela Trutnau, #37 RE: Pablo's Restaurant outdoor dining In reviewing the plans for Pablo's outdoor dining and outdoor bar, I have a few suggestions. The area for the outdoor bar needs to be enclosed by a fence that is designed to keep people from entering. The plans show a brick wall and a wrought iron fence, but do not show how tall they will be or how they will work together to be attractive and purposeful. The area for outdoor drinking needs to be accessible from the interior and have a method of screening those that are entering. I spoke with Paul Schwaesdall and he walked me through the restaurant to show me what his plans were. He had stated that there would be an outdoor bar on the Eastside of the building accessible only from the interior bar and that there would be outdoor dining on the West side. The outdoor dining would not need fencing if there were not going to be alcohol served. But if they plan on serving alcohol as they do throughout the restaurant, that area would also need to be fenced. The plans do not show any changes in lighting of the area. The lighting needs of an outdoor dining area are more than the existing lighting. • RECEIVED AUG 1 0 2000 CITY OF SHAKOPEE COMMUNITY PRIDE SINCE 1857 476 Gorman Street • Shakopee, MN • 55379-2638 • Phone: 952-445-6666 • Fax: 952-445-2313 www.ci.shakopee.mn.us .... t s " .....‘ HI 11=4 1/2 14"-G' HI ,I EXISTIG -1 SITTIN cTAIRv ay AREA I. co EX ST IN I 80011 42"X 84" ( GLASS ; 413"X 72" MTL OR i ARCH WND m.......... .......... 1 1 m......1.... .....m..m. iLI 1 I EXIST ING ; EXISTING I \I"-----' .., AND'COLUmNS DEE\ fifT 1 WINDOW WINDOW to\ / l " BY OWNEI, Ul CC CC W I I —6X10 FRLSZ CEORR 1..1 — p-u (2.?S'1-8" LLD BEAMS 72"oc — — 14.0 • CC. ' 3-4 CD CO 1 112" 4.-04:CC:It 4..-0" 11.-I" CC`r con' 12-0" I.- cc co LI I ›., . ,...1 _ ITI_H" i-it 7/8-GPLRm HOP/0BL TRMRS Uff 1-11 7/8"GFLAm MOR/OBL TRMRS p—,7 el. :_ 1 7/8"GPLRM HOR/OBL Ti 1 -----.— if- 13-6- FP_IR 13-6.. / 2'_r- 13-6- 1"X 2 4"BR ICK COLUMNS w ..... 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INI16 Cl I� i- mIIi D WI D 2 Z Ix1 IL-CI ) ; In I2I IID r m x z I=11 Wm m I�1 .11 y� -.X 1 IIN UM _- in DZ oD I I I n^ <O clo n- ! `� �. N I iri D 'x z u11 7! m l O 1 , 1 w S y m f` = y '4 1-4 I d =..1 m x D 7 1 — o I II;: rn I 11,-,--s' ii! ./n ' m 0 I i L _2% 8 • TEAS f (J7 J ( I • \ ► �CJ D 11X n a Zm N 1 Im m o-1 In ( r iz \ 3, IT N O __ r' O I IN C) i I I I ., I I m __I IN ( 1 T ��I V/P/bb CM OF SHAKOPEE 6t%"16() ()J Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pablo's Mexican Restaurant DATE: July 13, 2000 INTRODUCTION: The City Council is asked to consider removing a reversionary clause and authorize execution of a deed conveying property to Mr. Schwaesdall; and consider the expansion of the on-sale liquor license to an outside area. BACKGROUND: At the request of Paul Schwaesdall, in 1994 the City Council vacated the alley north of Pablo's Mexican Restaurant. City Council also authorized the conveyance of the north one-half of the alley to Paul Schwaesdall as well as a 16' X 32 ' area into the parking lot to the north, see attachments. It was Mr. Schwaesdall's desire to install a fountain and landscaping to the north of his restaurant. (The northerly one-half of the alley became the City's after the vacation because the City owned the property to the north of the alley. ) It was the City's desire at that time to approve the request of Mr. Schwaesdall, but a reversionary clause was included in the deed: "This property is to be used exclusively for landscaping and open space in conjunction with use of the adjacent building. This property shall be maintained in an attractive and well- kept status free of weeds and garbage, and with esthetics consistent with the City's downtown plan and downtown appearance. If this property shall fail to be so used, then all right, title, and interest shall immediately revert and revest in the City of Shakopee, Minnesota. " Mr. Schwaesdall is now asking that the reversionary clause be removed so that he can have outside dining and drinking. Because the deed was never recorded, the request can be accommodated by simply creating another deed without the reversionary clause, should the Council chose to approve the request. Pablo's Mexican Restaurant July 13, 2000 Page 2 Mr. Schwaesdall's second request involves an amendment of his on-sale liquor license to include the outside area. The Chief of Police has advised that he will work with Mr. Schwaesdall on the security needs, should the Council approve the request. In addition to the two requests identified above, Mr.Schwaesdall has made application to the Board of Adjustment and Appeals for a conditional use permit for a Class II Restaurant. (A Class II Restaurant is a restaurant that serves alcohol. The conditional use permit was not required when Mr. Schwaesdall first opened the restaurant, but with the request to expand the restaurant seating to outside, he must now make application. ) ALTERNATIVES: 1. Approve conveyance without a reversionary clause, and authorize the appropriate City officials to execute the quit claim deed 2. Deny removing the reversionary clause from the conveyance previously authorized 3. Direct staff to publish the appropriate notice for Council consideration of the request from Paul Schwaesdall to amend his liquor license to include an outside area to be identified in the required conditional use permit 4. Deny the request to amend to the liquor license to include an outside area 5. Direct staff to provide additional information RECOMMENDATION: Discuss the requests of Mr. Schwaesdall and give staff direction. I AIA 1 (Ap1 I:\clerk\jeanette\licenses\schwaesdall 4 Ili I 1st AVG w. t 1111) I rle 11..1111 Ili ass s ,a ., *1*11 H. 1116 lial \ IIPJD Oa •$ $ � 175' kit dXm L WO 1 lila rn Ill oi- • 0 1 Area conveyed to Mr. Schwaesdall in 1994 with N IIINNtil reversionary clause. SHAKOPEE w E ao w 1YPwe aNcs or S Block 30, Original Shakopee Plat 07/13/00 6-23-00 Pablo's Mexican Restaurant 230 South Lewis St. Shakopee,MN 55379 To: Mayor Jon Brekke and City Council Members: Shakopee, MN This letter is a request for you to consider lifting the restrictions regarding the vacated alley therefor allowing Pablo's to have outside dining and drinking. Pablo's' opened 9-7-86 long before the bypass when 101 was a main highway through town. Not so today. The traffic through the old down town has all but vanished. The bypass has created major exposure to Marshall Road. Last year 120,000 people dined at Pablo's. I need your help in continuing to operate as a business in Shakopee. Thank you for your consideration. Sincerely, Paul E. Schwaesdall Owner Pablo's Mexican Rest ant CITY OF SHAKOPEE 11 . P. 3 Memorandum TO: Mayor and City Council CONSENT Mark McNeill City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On Sale and Sunday Intoxicating Liquor Licenses Applebee's Neighborhood Grill& Bar DATE: August 8, 2000 INTRODUCTION: City Council is asked to consider applications of Apple American Limited Partnership of Minnesota,DBA Applebee's Neighborhood Grill & Bar, for on sale and Sunday on sale intoxicating liquor licenses. BACKGROUND: Apple American Limited Partnership of Minnesota has made application for an on sale and Sunday on sale intoxicating liquor license for their new restaurant being constructed at 1568 Vierling Drive East. The applications and evidence of insurance are in order. The Police Department has conducted the background investigation. The investigation has produced nothing that would prohibit the issuance of the licenses. The Board of Adjustments and Appeals did approve a Conditional Use Permit on May 4, 2000 for the restaurant, which is considered a Class II Restaurant in a B-1 zone. Because this is a new restaurant under construction,the Building Department will be conducting a final inspection and issuing a Certificate of Occupancy. The liquor licenses will not be released until the Certificate of Occupancy is issued. Applebee's license will be treated as a Class E license, according to the City Code. This is an establishment where 50%, or more,of gross sales will be derived from the sale of food and the establishment can seat over 125 guests at one time. This is the second of three licenses available in this Class. The Brew Station also has a Class E license. RECOMMENDED ACTION: Approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Apple American Limited Partnership of Minnesota, DBA Applebee's Neighborhood Grill& Bar, 1568 Vierling Drive East, conditioned upon a Certificate of Occupancy issued by the Building Department. JSC/jms I:Jeanette/Liquor/applebees /Q . y CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Improvement Bond Sale (41pa;;; DATE: August 11, 2000 Introduction Council action is needed for setting the sale of improvement bonds for 1999/00 . Background Attached is a resolution prepared by bond counsel which sets the sale of improvement bonds for 2000 . This is a routine event . The bonds to be sold in the amount. of $2, 560, 000 will finance these projects; McGuire Muelhenhardt, Sarazin - Valley view to St . Francis, Gorman, Vierling - CR 17 to Miller, CR 17 widening and Vierling - Fuller to Orchard Park West . The bond sale schedule is set to adopt this resolution on 8/15, sell the bonds on September 19th with settlement with in 40 days . Action Offer Resolution No. 5402 A Resolution Authorizing Issuance and Sale of $2, 560, 000 General Obligation Improvement Bonds, Series 2000A, and move its adoption. ,hJ c�� r gg X7 nd Finance Director I:\finance\docs\gregg\97Bbonds £' 44. Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County,Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shakopee, Scott County, Minnesota, was held at the City Hall in the City on Tuesday, August 15, 2000, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: * * * * * * * * * The following resolution was presented by Councilmember , who moved its adoption: RESOLUTION NO. 5402 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,560,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota(City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429(Act); Project Designation&Description: Total Project Cost Projects 99-2 McGuire Muelhenhardt; 99-3 Sarazin Vail-St. Fran; 00-1 Gorman; 99-5 Vierling CR 17-Miller; 99-7 CR 17 17th-Sarazin; 98-3 Vierling Fuller-Orch. W. Net Project Costs Bonded $2,548,900 Less: Assessment Prepays (28,900 Less: Assessment Collections (9,600 Plus: Issuance Costs 24,000 Plus: Underwriter's Discount 25.600 Total Issue: $2,560,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,560,000 General Obligation Improvement Bonds, Series 2000A(Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $2,534,400. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of$25,600. The excess of the purchase price of the Bonds over the sum of$2,534,400 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SM-184393v1 SH155-94 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, September 19, 2000, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. SJB-184393v1 SH155-94 STATE OF MINNESOTA ) ) COUNTY OF SCOTT ) ) CITY OF SHAKOPEE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, MMlinnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, August 15, 2000, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $2,560,000 General Obligation Improvement Bonds, Series 2000A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2000. City Clerk City of Shakopee, Minnesota (SEAL) SJB-184393v1 SH155-94 Sale Notice Document Summary AFILER1IPUBUC_FILESICLIENT AND PROJECT F LESIWORIONG FILESIMINNESOTAISISHAKOPEE-CITY OF-S07501SALE NOTICESIK442.575M GO IMPROVEMENT 808,2000AAOC $2,560,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A Job Number: S0750.K4 Date/Time: 8/10/00 4:45 PM Time Due By: ASAP Author: CRW Administrative Assistant: Melinda Proofed By: Michelle & Melinda Bond Counsel Kennedy & Graven Update Information Date AA I Comments What Changed? I Changes per who? 08/09/00 Laurie U Change in par amount and principal amounts Brenda K THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,560,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, September 19, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2002 $250,000 2005 $270,000 2008 $240,000 2010 $240,000 2003 $325,000 2006 $245,000 2009 $240,000 2011 $225,000 2004 $285,000 2007 $240,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of i- beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,534,400 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of$25,600, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. ii The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (ilii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. -iii- The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 15, 2000 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk 8/10100 4:45 PM Iv- Recommendations For City of Shakopee, Minnesota $2,560,000 General Obligation Improvement Bonds, Series 2000A Presented to: Mayor Jon Brekke Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 SPRINGSTED Public Finance Advisors Study No.: S0750K4 SPRINGSTED Incorporated August 9, 2000 RECOMMENDATIONS Re: Recommendations for the Issuance of $2,560,000 General Obligation Improvement Bonds, Series 2000A The proceeds of the Bonds will be used to finance various improvement projects within the City. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, September 19, 2000, at 12:00 noon with award by the City Council at 7:00 P.M. that same evening. 3. Authority The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. 4. Principal Amount of Offering $2,560,000 5. Repayment Term The first interest payment on the Bonds is due August 1, 2001. Principal will be due February 1, 2002 through 2011. 6. Source of Revenues Debt service on the Bonds is expected to be repaid from special assessments against benefited property and general ad valorem tax levies. 7. Prepayment Provisions The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009 at a price of par plus accrued interest. 8. Credit Rating Comments The City is currently rated "A2" by Moody's Investors Service. This issue will require a rating application to assure continuation of the rating. J City of Shakopee, Minnesota August 9, 2000 9. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for"bank-qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank- qualified receive slightly lower interest rates than issues that are not bank-qualified. This issue is designated as bank-qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Gross proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal, have 6, 18 and 24 month spend-down exemption periods. If all of the proceeds are expended during one of those exemption periods, the issuer can retain the excess earnings. We understand the City expects to meet the 18- month spend-down requirements. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. (d) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. Page 2 City of Shakopee, Minnesota August 9, 2000 (e) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of street and utility improvements under the federal arbitrage regulations is 20 and 50 years, respectively. The average life of the Bonds is 5.611 years, therefore the issue is within the economic life requirements. 10. Continuing Disclosure This issue is subject to the continuing disclosure requirements. These SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this issue has been provided to City staff. 11. Attachments • Composition of the Issue • Assessment Income Schedules • Debt Service Schedule • Terms of Proposal DISCUSSION The proceeds of the Bonds will be used to finance six improvement projects within the City. Page 5 lists those projects and the costs to be assessed. Pages 6 through 8 show the projection of special assessment income. For three of the projects to be assessed this fall (shown on page 7), prepaid assessments are expected to be received over the first three to five collection years. The prepayment assumptions are shown in the "estimated prepaid assess" column for each project. Those prepayment estimates were provided by City staff based on past collection experience. The prepayment estimates result in a higher principal repayment structure for the Bonds in the early years to use up the accelerated projection of income. The assessments for project number 99-2, McGuire Muelhenhardt, were filed in November 1999 and first collected in 2000. Prepayments totaling approximately $28,900 for those assessments, as well as scheduled collections in 2000 of $9,600, will be used to reduce the size of this issue. All other assessments are expected to be filed in fall 2000 for first collection in 2001, or in March 2001 for first collection in 2002. Assessments will be spread over a term of ten years with interest charged on the unpaid balance at a rate 1.5% over the rate on the Bonds. For estimation purposes, 6.50% has been used for the upcoming assessments. The rate for the assessments already filed in 1999 was 7.00%. The debt service schedule for this issue is shown on page 9 of these recommendations. Columns 1 through 5 show the years and amounts of principal and estimated interest due on the Bonds. Column 6 shows the estimated debt service requirements plus the 5% overlevy required by State statute. The overlevy is required by State statute as a protection to the City Page 3 City of Shakopee, Minnesota August 9, 2000 and bondholders in the event of delinquencies in the collection of assessments and taxes for repayment of the Bonds. Column 7 indicates the projected assessment income developed in the schedules on pages 6 through 8. Column 8 shows the net levy requirement, representing the City's share of the project costs. The issue has been structured around the projected assessment income stream, including assumed prepayments, to provide for even annual tax levy requirements, which are expected to average approximately $53,100 annually over the next ten years. Although a small portion of the assessments for the Gorman project will be collected one year after the debt has matured, we recommend final payment of the Bonds in 2011 to retain a structure that provides larger blocks of bonds and better marketability. The first interest payment on the Bonds, due August 1, 2001, will be made from first-half collections of assessments and taxes levied in 2000. The subsequent February 1 principal and interest payment will be made from second-half collections, plus surplus first-half collections. This payment cycle will continue for the life of the issue. Proceeds of the issue are expected to be available to the City by mid-October. We appreciate again being of service to the City of Shakopee. Respectfully submitted, SPRINGSTED Incorporated amn Provided to Staff: a) Contract Amendment for Continuing Disclosure Services Page 4 J 00 0 0 0 0 0 0 0 0 0 0 0 0 0 O O (r)co co O O O O 0 0 O 0 0 0 0 0 O O O co (() O 0 0 0 O O O a) CA co O co 0 CD Mr. X I N O n (D (D M O M Co cc orn v Cn O n N Q r O N M co CA �' co CD On) N N N CD M (D CD 0 0 H dN4 N 0) C .N y J 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 V N CO CO O i a 0 00 0 0 0 0 0 CO (D et V O >. E a) co 0 O O O O co co U) (() O .O n N O 6 Oo 6 O (flO L v as crsEft lNO co co N O \ ,CO C V co NN (ap ,-' 44 49 to V! tel • 0 4 rn > d a°i 0 t; > o 0 U. 0 M Op" cv O O O 0 0 0 0 0 0 0 O 0 0 0 Co 0 CD (O 0 i01 0 0 0 0 0 0 0 CO CO CO O C 0 0 0 0 0 0 (D n is.. O >' o tN O O N0) OCD O M UnCO 1- O '- o rn .- t0MM CO p CE3 fC) O N \ G E ( Inrt. 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E d N _ y O O O O O O O O O O O O V- Q �L N N N N N N N N N N N N Page 8 City of Shakopee $2,560,000 General Obligation Improvement Bonds, Series 2000A DEBT SERVICE SCHEDULE Assessment Date Principal Coupon Interest Total P+I 105%of Total Income Surplus/(Levy) (1) (2) (3) (4) (5) (6) (7) (8) 2/01/2001 - - - - - - - 2/01/2002 250,000.00 4.400% 159,176.67 409,176.67 429,635.50 377,654.00 (51,981.50) 2/01/2003 325,000.00 4.500% 108,382.50 433,382.50 455,051.63 401,159.00 (53,892.63) 2/01/2004 285,000.00 4.550% 93,757.50 378,757.50 397,695.38 353,446.00 (44,249.38) 2/01/2005 270,000.00 4.600% 80,790.00 350,790.00 368,329.50 315,854.00 (52,475.50) 2/01/2006 245,000.00 4.650% 68,370.00 313,370.00 329,038.50 283,992.00 (45,046.50) 2/01/2007 240,000.00 4.700% 56,977.50 296,977.50 311,826.38 258,583.00 (53,243.38) 2/01/2008 240,000.00 4.750% 45,697.50 285,697.50 299,982.38 245,960.00 (54,022.38) 2/01/2009 240,000.00 4.800% 34,297.50 274,297.50 288,012.38 233,338.00 (54,674.38) 2/01/2010 240,000.00 4.850% 22,777.50 262,777.50 275,916.38 220,716.00 (55,200.38) 2/01/2011 225,000.00 4.950% 11,137.50 236,137.50 247,944.38 202,283.00 (45,661.38) 2/01/2012 - - - - - 34,932.00 34,932.00 Total 2,560,000.00 - 681,364.17 3,241,364.17 3,403,432.38 2,927,917.00 (475,515.37) Dated 10/01/2000 Delivery Date 10/01/2000 First Coupon Date 8/01/2001 YIELD STATISTICS Bond Year Dollars $14,363.33 Average Life 5.611 Years Average Coupon 4.7437747% Net Interest Cost(NIC) 4.9220063% True Interest Cost(TIC) 4.9416225% Bond Yield for Arbitrage Purposes 4.7294490% All Inclusive Cost(AIC) 5.1433604% IRS FORM 8038 Net Interest Cost 4.7437747% Weighted Average Maturity 5.611 Years Springsted Incorporated File=Shakopee.sf-GO.Imp.2000-SINGLE PURPOSE Public Finance Advisors 8/9/2000 10:36 AM Page 9 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,560,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, September 19, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2002 $250,000 2005 $270,000 2008 $240,000 2010 $240,000 2003 $325,000 2006 $245,000 2009 $240,000 2011 $225,000 2004 $285,000 2007 $240,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial Page 10 owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,534,400 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $25,600, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. Page 11 r The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. Page 12 r • The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 15, 2000 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk 8/9/00 3:25 PM Page 13 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License Berens Market DATE: August 8, 2000 INTRODUCTION: City Council is asked to consider the application for a tobacco license for A Fresh Approach, Inc. DBA Berens Market. BACKGROUND: Application has been made by Thomas Flaherty, A Fresh Approach,Inc. DBA Berens Market, to sell tobacco at retail at 123 West 2" Avenue. Mr. Flaherty is purchasing the business from Mr. Berens. For training purposes, Mr. Flaherty has advised that they plan on using the training material provided by the City from Minnesota ASSIST, Minnesota Department of Health and the American Cancer Society. During the customary background investigation,the Police Department has learned of nothing that would prevent the issuance of the tobacco license. RECOMMENDED ACTION: Approve the application and grant a tobacco license to A Fresh Approach, Inc. DBA Berens Market, 123 West 2"Avenue, effective August 16, 2000 through December 31, 2000, upon the surrender of the current license issued to Berens Market. 01.6)6 JSC/jms I:Jeanette/licenses/berens ia . P CITY OF SHAKOPEE CONSENT Memorandum MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: August 10,2000 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the September 12, 2000 Primary Election. RECOMMENDED ACTION: Offer Resolution No. 5396, A Resolution Appointing Judges of Election and Establishing Compensation,and move its adoption. JSC/jms [i:\clerk\jeanette\election\election.res] FIFTH PRECINCT: Virgilla Geske(Chair) Mary Speiker Regular Judges Lou Hennen Betty Dols Louise Vyskocil Dora Harbeck John Collins Eugene Chapman Alma Gertis SEVENTH PRECINCT: Carole Hedlund(Chair) Don Kocks Regular Judges Lillian Weinandt Alice Hart Dawn McQuillan Dolores Griffith Kathy Crawford EIGHTH PRECINCT: Nancy Vaughan Susan Stolarcek(Chair) Regular Judges Verneil Ewert Lenore Johnson 2. The Election Judges shall be compensated for their work at the rate of$6.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $7.50 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota,held this 15th day of August,2000. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5396 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the September 12, 2000, Primary Election for the eight polling precincts within the City of Shakopee designated in Resolution No. 5188,adopted July 6, 1999. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson(Chair) Regular Judges Vella Gould Irene Bursey Del Reed Evelyn Weckman Marie Beckrich SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Mary Selsvold Ethel Schneider April Nead Connie Berens THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Marvel Siebenaler Barb Zupan Ken Jaus Don McNeil FOURTH PRECINCT: Edna Wangerin(Chair) Joan Schultz Regular Judges Pat Clemens Murial Koskovich Don Zupan CITY OF SHAKOPEE Memorandum CO N S E N T TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Franchise Fee Public Information Meeting DATE: August 9, 2000 INTRODUCTION: The Council is asked to establish a date in which to hold a public information meeting on the proposed franchise fee ordinance. This can be as part of a regular City Council meeting. BACKGROUND: For the past several months, staff has been proceeding on a directive from the City Council to institute a franchise fee for utility services in Shakopee. Initially, this was to be applied only to electric utilities. However, because technology is allowing businesses and individuals greater flexibility in their choice of power, and the City seeks to avoid any issue of placing one type of energy service at a competitive disadvantage over the other,the fee was extended to natural gas as well. A rate consultant hired by the City has provided a rate which would be applicable to sales of utilities that are within the City that are now, or will soon be franchised—Northern States Power, Minnesota Valley Electric Cooperative, Minnegasco, in addition to the City's municipal utility, Shakopee Public Utilities Commission. Each of those entities has received notice of the intended fee to be attached to their energy sales, which will total 2.7%of annual gross operating revenues. It is our understanding that SPUC will reduce its rates by the difference between what it will charge under the 2.7% fee and what it would have annually transferred to the City. Therefore,this should be revenue neutral to the City; the difference is that all energy users will be contributing. It is recommended that an opportunity for public input be set for the City Council meeting on Tuesday, September 5`h. Information will be provided to the City Council as part of that packet; Attorney Jim Strommen from the City Attorney's office will be in attendance to answer questions relating to the legal aspects of this proposal. Each utility company has received information relating the impact of the proposed franchise fee on its operations. ;...4-koar I, 4.4 RECOMMENDATION: I recommend that an agenda item to allow for a presentation and public input,be set for the City Council meeting of Tuesday, September 5th, at 7:00 PM regarding the proposed franchise fee ordinance. ACTION REQUIRED: If the Council concurs, it should,by motion, set an agenda item to consider the implementation of a franchise fee for Shakopee, for Tuesday, September 5, 2000, at 7:00 PM. Mark McNeill City Administrator MM:th ) 2 . F. 9 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Facilities/Locations DATE: August 10, 2000 INTRODUCTION: The purpose of this memorandum is to provide information relating to possible sites for the construction of future City facilities, including City Hall, Public Works, Police, and the Library. BACKGROUND: In recent years, it has become apparent that overcrowding is becoming more of an issue at City Hall, Police, Public Works, and the Library. As a result, late last year,the City authorized a space needs analysis to be preformed by JEA Architects. The results of that study were shared with the City Council at a workshop which was held in June. All four buildings need to either be replaced, or have additions added to them in order to provide for adequate work areas for the next ten years. A summary of the financing impact is shown in the attached"City Facilities"memo which was shared at the CIP discussion on August 8th. At that CIP meeting, an additional $100,000 was identified as being needed for remodeling the Public Works building in 2001, so as to take care of short term space needs. LOCATION: One of the main issues facing the City right now is the location for each of these facilities. For the purposes of discussion, we will assume that Public Works will remain at its existing location. Adequate land area exists to construct the addition recommended by JEA Architects, on the south side of the current building. In addition,there is a fenced storage yard which could be building space if needed. However, at some time,there may be a need for a remote storage site in the far east end of Shakopee (so as to cut down on travel time for snowplowing or maintenance purposes). However,the City Hall, Police, and Library locations are not as certain. Council will recall that earlier this year, discussions were held to either purchase or lease approximately 5,000 sq. ft. of retail space across Holmes Street from City Hall,which might have extended the useful life of the existing City Hall building. However, direction was later given by Council to investigate a more permanent long term solution, wherein a larger"campus" location would be acquired. Council directed that a variety of sites be analyzed, and brought back to them for discussion. Four sites have been identified: 1. "Downtown" Site Library Site - A recommendation by the Library Study Committee recommends that the Library remain in the downtown area. In this scenario, a two story 23,000 sq. ft. facility could be constructed on the existing Library site. Ultimately, for the population of 38,000, a 29,000 sq. ft. of building would be needed. According to the JEA study,that site could be maximized for 34,300 sq. ft. of space. However,parking would not be as plentiful at the immediate site, although in the downtown zoning,there are no legal requirements for on site parking; the City provides public parking lots. However, Study Committee Chair Jane DuBois has made staff aware of at least some opposition to a 2-story facility. If that were the case,the existing site would be inadequate in size. In addition, expansion is very limited by the nature of the area. City Hall Site—The JEA study suggested that a two story addition could be constructed onto the existing building. The cost for that would be in the $1.5 million range. However,that would eliminate parking from the westerly two rows, leaving 14 spaces total. A more viable longer term solution might be to acquire Block 32, located to the west of the Stans Museum(bounded by Second Avenue, Third Avenue, Fuller and Atwood Streets). Other downtown blocks might also be considered. The Block 32 total size is just over 2 acres (approximately 88,000 sq. ft.). It has two businesses,three single family owner occupied houses,rental residential properties above the two businesses, and five vacant lots. According to Economic Development Coordinator Paul Snook,the estimated market value of the land and buildings totals approximately $885,000. To add relocation costs (another$219,000),that would mean total estimated acquisition and relocation costs of$1,100,000. Obviously, utilities are on site, so there would be few additional costs there. Unless both facilities would be multi-story, it would be difficult to fit both a City Hall and Police building on that site, and have adequate parking. The EDAC has taken a formal position endorsing keeping City Hall and the Library downtown. See the attached memo dated August 4, 2000. Police Site -The "downtown"option might also need to include consideration of purchase of all or part of the 4.39 acre land across Gorman Street from the existing Police/Public Works building. That is currently listed for sale at $490,000. In addition,there are assessments of$123,831 for Gorman Street improvements against that property. However,the Police building would have an adequate size for immediate and future needs; it may also be a possibility for SPUC to acquire that site, and the Police building go onto the current SPUC site, as suggested in the JEA report. The current SPUC site is 4.1 acres. 2. Community Center Site This site, located west of the High School athletic complex on Fuller Street, was presented to the Council earlier as a possible location for City Hall, Police, and Library. JEA did an analysis of the site, and concluded that all three could fit on that location(which totals some 19 available acres, shown as parcel B on the attachment). However, that would be a tight fit. It is possible that if additional space was needed, a purchase or trade of land from I.S.D. 720 might be negotiated, especially as the future change of the High School site to a Junior High might require less land at that location. An alternate to this would be to have City Hall and Police constructed on this site, and accommodate the recommendation of the Library Study Committee, and have the Library constructed on the Block 32 site (all or part of it), or on the existing library site. 3. CSAH 15/U.S. 169 Property (Haasken) This is a 24.33 acre parcel of land owned by Cal Haasken, located at the northeast corner of the intersection of U.S. 169 and CSAH 15 (Adams Street). It is currently zoned for single family,but the draft comprehensive plan contemplates rezoning of this to neighborhood commercial. It offers the benefits of being adjacent to Lions Park,the site of Fire Station 1.1, and across Adams Street from Tahpah Park. It also has good visibility and access. Regarding costs, Mr. Haasken said that he has been offered$85,000 per acre for the property two years ago, and that for a multi-family use. Assuming the comprehensive plan change is approved,he would anticipate$3.00 per square foot(approximately $130,000 per acre). However, it is possible that if the City did not need all of it, he might retain some of the more visible areas for use for neighborhood retail, which might reduce the cost for the land for which City facilities might work. He would be interested in working with the City on this. Assuming $110,000 per acre, it means that the total cost on that would approach $2.7 million for land acquisition alone; assessments from Vierling Drive (anticipated for next year)and utilities would add an additional $106,228 to the cost of this project. 4. Outside MUSA Line, County Road 83/17th Avenue Vicinity There are several parcels of land which might be available for a true"campus", if the City is willing to wait on development. Possibilities might include frontage on 17th Avenue,which will be major east-west collector, or possibly fronting on C.R. 83. 30 acres would be an optimum size. Costs will vary widely, depending upon the proximity to MUSA, but land values of larger parcels have ranged generally from $18,000 an acre(not near MUSA),to perhaps double that for land which may be in MUSA at some point in the foreseeable future. For estimating purposes, anticipate $30,000 per acre, or $900,000 for a 30 acre parcel. Utility costs will also vary, and would be one reason why this might not be an immediate solution. To extend utilities south to a location on C.R. 83 from the sewer and waters' existing termini on C.R. 83 would be approximately $600,000, for a total acquisition/utilities cost of$1,500,000. PROS/CONS Each location has benefits and problems: 1. Downtown Location PROS • Benefits—supports the downtown economy and existing investment in downtown area(including River City Centre.) • Traditional seat of government for Shakopee in downtown; compliments Courthouse decision to remain in downtown. • Moderate land costs; opportunities for redevelopment of vacant or under- utilized areas. • Maintains downtown's position and significance as center of community. CONS • Relocation necessary to assembly adequately sized parcel. • New Library on existing site will mean an interim site must be found for one year construction. • Difficulty in expanding on sites described. • As community grows to south and east, downtown site will be less centrally located. • Economic impacts of leaving downtown. 2. Community Center Site PROS • Least expensive upfront alternative—utilities already at the location, City owns the land and large parking lot already constructed. • Campus would include Community Center. CONS • Location may be difficult to find for those unfamiliar with the area; across the street from residential neighborhood. • May involve relocating ball fields, or obtaining land from School District. • While closer to downtown, it doesn't support existing investment in downtown. 3. Haaskins Site PROS • Adjacency to future Fire Station and City Parks. • Excellent access to U.S. 169. • Adequate size for City Hall, Police,and Library. • Location more central with potential future annexation of portions of Louisville and Jackson Townships. CONS • Cost of land acquisition. • Further away from existing downtown facilities. 4. Outside MUSA PROS • Easiest to develop on"cornfield" site; few development constraints. • Maybe more centrally located for Shakopee at ultimate development. • Land available now. CONS • Cost to extend utilities, unless City is willing to wait for development to move utilities incrementally closer. • Would involve amending MUSA • Furthest from downtown. RECOMMENDATION: There is no "silver bullet" for the decision on this site. The"Downtown"vs. "Non- Downtown" debate in the 1990's was significant, and the existing City Hall building was a good compromise. As I understand it, it had been thought that that would last the City through 2010. However, the rapid growth has reduced the comfortable useable life of the City Hall building by one-half, and something must be done now. If the decision of the Council is to stay in the downtown area, acquisition of Blocks 32, the Gorman Street site for Police, and a decision as to whether to remain on the existing Library site would need to be made. However, it is certainly doable. From a strictly up-front cost standpoint,the Community Center site makes the most sense. ACTION REQUIRED: Council needs to review, discuss, and direct staff as to its preferences so that this can be incorporated into the final CIP. Mark McNeill City Administrator MM:th CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Economic Development Advisory Committee SUBJECT: Recommendation regarding location of new City Hall and Library DATE: August 4,2000 Introduction&Background: At its July 11t meeting the Economic Development Advisory Committee considered the potential economic impacts of moving city hall and the library out the downtown district. After considerable discussion, the committee agreed these institutions should remain in the downtown area for their synergistic benefit to the downtown economy. The committee also unanimously passed a motion recommending that the City Council consider the negative impact of moving city hall and the library out of downtown, and that downtown be regarded as the preferred location for these institutions. Discussion: The EDAC proposes that the City Council not only consider the fiscal impacts(costs of acquisition &construction)of a new city hall,library and other facilities,but also consider the economic effects of moving the city hall and library facilities out of the downtown area. From an economic development/downtown revitalization perspective,it makes sense to keep institutions such as city hall and the library(also the post office,county government center,and historical society)in the downtown area. The foremost effort in any economic development program, including downtown revitalization programs,is to retain existing employers/businesses and investment.The EDAC believes that retaining institutions,and specifically city hall and the library,is important for the overall health of downtown Shakopee for the following reasons: • City Hall and the library are major"anchors"of downtown Shakopee. That is,they generate a significant part of downtown's market through the employees and users of these facilities(City Hall is also one of the largest downtown employers). Taking these facilities and the corresponding jobs and users out of downtown will lead to fewer visitors and consumer spending in the district, significantly reducing downtown's market viability,and rendering River City Centre and other downtown properties less attractive for retail/commercial and real estate investment. • Downtown serves as a"one-stop-shop"for government services with County and City offices and the library located there. Taking city hall and the library out of downtown will take away this unique public services"clustering"feature of downtown. dtcityhallmo.doc • Downtowns are at their economically healthiest when they have a variety of uses... retail, services,professional,entertainment,government/institutional,etc. Taking city hall and the library out of downtown Shakopee will reduce the variety of uses and economic diversity there,making downtown more dependent on a lesser array of uses. • If city hall and the library are taken out of downtown,leading to the decline of the district, the city will likely incur more costs related to redevelopment and revitalization than it otherwise would had these facilities remained downtown. • One of Shakopee's greatest qualities as a metropolitan community is that it still has a "traditional"downtown.Traditional downtowns more often than not include government services. Downtown Shakopee is the traditional government center of Shakopee and Scott County. Moving city hail and the library from downtown will further diminish this attribute of Shakopee's downtown. • The presence of city hall and the library downtown signifies the City's support for a strong,vibrant center of the community that retains its sense of place. Evidence of this is Paragon Bank's(Wells,MN)recent decision to locate a facility in downtown. Bank officials cite that their location decision was based not only on downtown having a number of potential small business customers,but also on the fact that downtown has several institutional traffic generators such as city hall,the library,and county government center that comprise a sizeable market from which to draw. If city hall and the library are removed from the downtown,the perception will be that the city does not support the district and that downtown is a questionable investment, specifically for new and expanding businesses. • The City has invested significantly over the last 15 years to enhance downtown both physically and economically.Among these efforts(and dollars spent)are 1.)the mini- bypass;2.)the late-1980s streetscape project; 3.)the investment in River City Centre,and 4.)the Small Cities Development Program. Moving city hall and the library from downtown would destabilize the district,reducing the effectiveness of these investments. • The City was resolute in its position that Scott County retain its expanded government center in the downtown area. Relocating city hall and the library outside of downtown would be contradictory to this position. Economic Development Advisory Committee Recommendation: The Economic Development Advisory Committee recommends that the City Council, as it progresses through the site selection process for new city facilities, consider the negative economic impacts of moving city hall and the library out of downtown,and that downtown be regarded as the preferred location for a new city hall and library,especially in light of: 1. The City's position that Scott County retain its government center in the downtown district,and 2. The City's long-term interest in the success of River City Centre. dtcityhallmo.doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CIP Review Participants FROM: Mark McNeill, City Administrator SUBJECT: City Facilities DATE: August 8, 2000 One of the unresolved issues before you as a CIP discussion this evening is the prioritization of the major City facilities that are need of expansion and/or replacement. The Council is aware of an architectural review of City Hall, Library, Public Works Building,Police Building, and Downtown Fire Station which was performed earlier this year, and reviewed with City Council at a workshop in June. The dollars as recommended in that study are included in the CIP sheets (attached). Obviously, with only$3.9 million available in the Building Fund now, not all of these can be done immediately. A summary of these as proposed in the draft CIP are as follows: Project 2001 2002 2003 2004 2005 City Hall Addition - Expansion $1.65 million - Remodeling $.35 million Police Building $3.0 million Fire Station#1.1 $1.5 million Fire Station#3 $1.5 million Public Works Building -Expansion $3.6 million - Remodeling $.25 million Library $3.1 million Three of these projects will be contingent upon successful referenda—the two Fire Stations, and the Library. The library question will be brought back before the City Council for a decision before September 19il', if there is to be a referendum yet in fall of this year. The City Hall project assumes an addition on to the existing building, and makes further assumption that the existing building can be used for three years (while it will be crowded, I believe that is possible). A 29,000 sq. ft. new structure at a separate location will be $3.5 million plus the cost of land and utilities. Remedial work to bring the existing building up to code is approximately$350,000. The Police building is a high priority, and$3 million has been identified for that. A report to the City Council will be presented at the August 15th meeting, showing the locations of four potential sites for City facilities. They are: 1. Downtown/Gorman Street(Downtown locations for City Hall and Library, and Gorman Street location for Police building). 2. Community Center Site(for City Hall, Police, and Library, or the possibility of the Library remaining downtown). 3. Site at Intersection of Adams Street(C.R. 15) and U.S. 169. 4. County Road 83 Site(outside MUSA). Unless another source of funding is found,there will have to be a prioritization, and/or interim solutions(remodeling)or addition will need to take place instead of new construction. 1-(9talkali-44 Mark McNeill City Administrator MM:th P13 p 0 13. ICnWCDCDCD > tn0G) 17oo0G) m m - 0 r- 3: a' -./ pl o o of co d go -* m c d co c —10 � 0 0 a gr- J g ffi m m' a MNI: m ao o CD 1" 2rE 1 00•R •RQ 3 a � m oo _ 0_ Rua 5i a) a) c Qoa 30 @ @ fnO) yj 0 -g $ TO c o 3 a Z) 5 Zo c c c c c .Z' m 3 PI I 7 7 7 O_ � W> > aar� =i210 c 2 3 f S > o 5' a . � o �' -' O -4i 0 •• 0) m p o10d � c � 0 x CD N 0 N I O " -, 0 O. n CD m O n O GOI -w ,.,, N n , n 0o3 oam � 00 o CD 2 C aON3 3A. C1 ? . 7 N n o = o .. Q n O v _. oa0- m C -03 CCD ao o E . 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R1 B1 ‘70A1 0r1 10 o*al�V�ioun0 II IMIN11sims 1M Hwy. 169 N SHAKOPEE w E COMAINRYPRIDESNZE WA S Property Owner: Cal Haasken PID No. 27-912050-0 Acres: 24.33 0 Zoning Parcels 06/9/00 u111pa n, .► 4,16.7ffiit,tiI■ sWs Ma'La 0111131 tiltlIIIMIuuua,nitllannlbnn I.•� -• �•'D��>��ib , 11111a -411114°NV III Ill : ' All am I r, II= •HOD% „f ® AG tha at 4, i i \i 1 i _ ... ntworfo LAE num i lail MIN In OD it il III4 liiiiri4 .� . 1O14 1111007.4,* '1101EttA, AG -mgMENo: ___ MLA "1111171 IN ' v:eRd. Ls 411111F kt R- \ -1 AG -1a N 111*ALIAI W E SHAKOPEE s City of Shakopee n Zoning 2000 M U SA 08/11/00 n M 7J - X m O v < M CO SO m -i o � T1 � � 1 O C) � -n m -n n Z ao � -I Z CO v x o o o O -' r: W 4 -I o co C = C1 ,. -p r<< `G CD CD CD - 0 CD 7 7D o n 0 y 0) EMOXm 3115 1 Cna) c a m � v v7, m CD CD cn m �v a 3 (n 171 v v -I v v "O m -' 0 CO O N 0 O. = Cn In 7 O O -. 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V v v O O 0 EA EA — , 0) W N„) �_ 03_C b� -co 03 -. - •-• o N 0 (h O .p. 0 0CT Cri 0-, p C Q /b -' Ch (h O p W O O m Ch co N 0 0 N) N 0 0 m - -a CO O O cc CO O al) 0 /2. j9 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 2000/01 Insurance Renewals DATE: August 7, 2000 Introduction Council is requested to approve of the renewal of property and liability insurance coverage from the League of Minnesota Cities. Background Attached is a list of property/liability insurance premiums for the renewal of the present coverage with the League of Minnesota Cities insurance Trust (LMCIT) . The policy period is August 1, 2000 to July 31, 2001. Basic Policy The policies proposed are basically the same as current coverage. The premiums are slightly larger than last year but more items and value are covered. The total deposit premium has increased from $210, 928 to $214, 974 covering the City, SPUC and EDA. All of the coverages are from the League of Minnesota Cities Insurance Trust. There is more detail available on the policy for any Council member that desires it. Optional Coverage Quotations were not requested for the following coverages (same as last year) : Glass Signs Computer data Flood Earthquake Off premise power failure Garage keepers PIP & UM/UIM (auto coverage) Volunteer accident Property belonging to others (this coverage was added for the civic center at a $75, 000 limit) Asbestos removal liability (in excess of basic coverage of $200, 000 Open meeting law defense Petro fund coverage Joint Powers contracts Fire works Utility poles and lines Independent Administrative Boards Umbrella Policy Council did not budget for an umbrella liability policy nor has there been a recent request for or discussion of getting another umbrella policy. The city has not had an umbrella policy for about 13 years. The League previously reported that about 25% of the cities insured have an umbrella policy. There is some exposure that may not be not covered by immunity. This includes the area of federal legislation such as civil rights and discrimination. The city budget contains $169, 010 for insurance (not counting employee group or work comp. insurance) and deductibles across all funds, excluding SPUC. SPUC shares in the cost of the insurance and their share for this year is about $75, 000, last year it was $65, 116 . One of the items for the renewal of the property/liability insurance is to decide whether or not to waive the monetary limits on municipal tort liability. Last year Council decided not to waive the limits. The attached sheet describes the options. Council in the past has not waived the monetary limits on tort liability established by Minnesota Statutes 466 .04 . The current limit is $1, 000, 000 . Action Requested Move to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of $214, 974 and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04 . Gfegg oxland Fina ce Director is\finance\docs\insure\prplia00 CITY OF SHAKOPEE -6- PREMIUM SUMMARY : 2000 / 2001 PROPERTY $ 33, 271 INLAND MARINE $ 4,019 CRIME & BOND $ 989 MUNICIPAL LIABILITY $122 , 347 *ERRORS & OMISSIONS INCLUDED AUTOMOBILE $ 50, 443 BOILER & MACHINERY $ 3, 905 TOTAL PREMIUM $214, 974 PREMIUM BILLED BY THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST * EXCLUDING City Attorney LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. I• f the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. I• f the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. - The City of Shakopee accepts liability coverage limits of$1 ,000,000 from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page 1 of 1 ii '4- `IR T:„ • League of Minnesota Cities Insurance Trust Property/Casualty Program SHAKOPEE Premium and Dividend History $250 —� Ai $200 4 g 1 :11: I , Iii $0 sI 1 A ___// 99 '98 '97 '96 '95 '94 I '93 '92 I '91 '96--'89— '88--- '87 -__ f o I”remiums-- - 1–X203,136$196,559$176,094$190,948$179,849$196,356$184,8791$7179-,7124179,672,7554169-,22f$132,4151.60.508 6-Dividends ----r—U-07286 $62,143 $74,070 $78,290 $56,431 $51,983 $44,342 I$487464-T$61,144 509`33 202$W.7T2`'326,300 SHAKOPEE j Premiums and Dividends since 1987 1 $2,500 .. — — -_____ $2,321,128 $2.000 c $1,500 '^ /0 o0 H $1000 :F05 s' r". t $628,936 n Wid $o ; Premiums Dividends l� . r 10 , CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolution 5399—A Resolution Adopting Small Cities Development Program Policies and Procedures MEETING DATE: August 15, 2000 Introduction & Background: The City Council is asked to adopt Resolution No. 5399, adopting the Shakopee Small Cities Development Program Policies and Procedures. The Policies and Procedures approved by the City Council on March 21, 2000 have been amended. The amendments are minor changes that clarify certain areas within the policies, as advised by Leona Humphrey, Community Development Representative with the Minnesota Department of Trade & Economic Development. Attached for your reference are Exhibit A, which provides a summary and reasons for the amendments, and Resolution No. 5399 with the amended Policies and Procedures. Action Required Offer and pass a motion to adopt Resolution No. 5399, A Resolution Adopting Small Cities Development Program Policies and Procedures. SCDPmmo10.doc EXHIBIT A laraI/C4tres.% atiree Re4a,6 Profraic Good news! Leona Humphrey, Department of Trade and Economic Development (DIED) was mailing out the Grant Adjustment Notice (GAN) which clears all of the special conditions and will let us proceed with closing loans and requesting funds. However, Leona wants us to make minor changes to the policies and procedures. I have enclosed the amended pages and signature pages for the next city council meeting. Single-Family Rehabilitation • Pg. 11, XI I, 1. Has been changed from: If the property would not meet the Small Cities program and any other rehab programs (MHFA Rehab, Weatherization), the property would not be eligible for the Small Cities program. To: If the home will not meet the rehabilitation standards with utilizing the Small Cities and other available fund the home will not be eligible for the Small Cities Development Program. This was done to clarify that DTED will not allow the use of its funds if the home will still be substandard. • Pg. 12, XIV Has been changed from: Properties located within the 100-year floodplain are not eligible for the Small Cities Development Program. To: Properties located within the 100-year floodplain are only eligible for non-substantial rehabilitation. FEMA said we could not do any rehab in the floodplain at the time the policies were passed. DTED later said we could do non-substantial rehab—which means putting less than 50% of the market value of the home. Rental Rehabilitation ♦ Pg. 7. 1 Has been changed from: 51% of the tenants households must meet the current incomes in order for the project to be eligible to receive SCDP Funding. To: Upon project completion, at least 51% of the units must be occupied by households at or below current Section 8 income limits (80% of the area median income). Summary Sheet.doc 07/20/00 Before it was not clear that it was upon project completion. Also, the median income limits have changed since the policies were passed. We updated the income limits. • Pg. 11 c and d "if tenant are to be displaced" and "if tenants are to be displaced"were taken off. Leona felt it was not necessary to begin the sentences this way because it could only add confusion. Commercial Rehabilitation • Pg. 5, 1. The last two sentences have been removed. Basically, all that can be done with SCDP funds are exterior improvement and code violation corrections and we didn't need to explain it as in detail as we did. • Pg. 7, 3 Only the first sentence remains and information on escrowing their matching funds was included. Commercial applicants are not covered by the data privacy act so Leona told us to not collect any financial information because that information can be made available to the public. Also, we hold the matching funds in an escrow account and we didn't have that mentioned before. RESOLUTION NO. 5399 A RESOLUTION OF THE CITY OF SHAKOPEE ADOPTING SMALL CITIES DEVELOPMENT PROGRAM POLICIES AND PROCEDURES WHEREAS, on March 21, 2000, City Council had previously approved Policies and Procedures for the single-family residential rehabilitation, residential rental rehabilitation, and commercial rehabilitation sections of the Shakopee Small Cities Development Program; and WHEREAS, it is in the best interest of the City to amend and update the Policies and Procedures as advised by the Minnesota Department of Trade& Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached Policies and Procedures for the single- family residential rehabilitation,residential rental rehabilitation, and commercial rehabilitation sections of the Shakopee Small Cities Development Program are hereby adopted. BE IT FURTHER RESOLVED that these Policies and Procedures supersede the Policies and Procedures approved by the City Council on March 21, 2000. 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 SCDPmmo10.doc Small Cities Development Program Policies and Procedures For the City of Shakopee Single-Family Residential Rehabilitation Program TABLE OF CONTENTS Pages 1 and 2 I. PROGRAM OBJECTIVE 3 II. FAIR HOUSING/EQUAL OPPORTUNITY 3 III. DATA PRIVACY 3 IV. CONFLICT OF INTEREST 3 V. DEFINITIONS 4 VI. PROGRAM ADMINISTRATION 5 VII. HOUSEHOLD ELIGIBILITY 6 VIII. LOAN STRUCTURE 7 IX. LOAN AMOUNTS 8 X. PROJECT FUNDING 9 XI. ELIGIBLE PROPERTIES 10 XII. ELIGIBLE IMPROVEMENTS 10 XIII. INELIGIBLE IMPROVEMENTS 11 XIV. FLOOD PLAIN REVIEW PROCESS 11 XV. HISTORICAL SOCIETY REVIEW 12 XVI. LEAD BASED PAINT 12 XVII. MARKETING 12 XVIII. APPLICATION& APPLICANT SELECTION PROCEDURES 12 XIX. CONTRACTING PROCEDURES 13 XX. CLIENT FILES 16 XXI. CITY APPROVAL PROCESS 16 XXII. CLIENT COMPLAINT PROCESS 17 XXIII. PROJECT APPEAL PROCESS 17 1 XXIV. LOAN REPAYMENT 18 XXV. PROGRAM INCOME 18 XXVI. PROGRAM FRAUD 19 XXVII.AMENDMENTS/DIRECTIVES 19 2 POLICIES AND PROCEDURES, CITY OF SHAKOPEE THE CITY OF SHAKOPEE SMALL CITIES DEVELOPMENT PROGRAMS HOUSING REHABILITATION PROGRAM PROCEDURAL GUIDELINES PROGRAM OBJECTIVE: To assist eligible households in rehabilitating their owner occupied homes utilizing Small Cities Development funds. II. FAIR HOUSING/EOUAL OPPORTUNITY: It is the policy of the City of Shakopee to work to further fair housing opportunities in our programs and to administer our housing programs in a way that all residents of similar incomes have equal access to programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. No person or business will be denied services, contracts for project services, or access to program information and materials due to race, color, creed,religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. There will be no discrimination of persons in the administration of the Owner Occupied Housing Rehabilitation Program. It is the policy of the City of Shakopee that marketing efforts will be such that no potentially eligible applicants or providers of services are excluded from participating. Affirmative marketing will included efforts to reach people have traditionally not participated in similar programs or have not been aware of available assistance. This includes,but is not limited to single heads of households, people of color or people with disabilities. III. DATA PRIVACY: Information on program applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, income and income sources, assets and asset sources, and financial reports will not be released without prior,written consent of the applicant as specified by the ACT. The Data Release Form will inform the applicant of what information will be released and to whom. Information will only be gathered and released for solely administrative purposes such as eligibility determination, administrative review, coordination and securing of leverage funds. Private information may be released to the following agencies or organizations: City Council, Carver County HRA,Minnesota Housing Finance Agency, FmHA, Lending Institutions,MN DTED and HUD. IV. CONFLICT OF INTEREST: 1. GENERAL CONDITIONS: No member of the governing body of the locality an d no official, employee, or agent of the local government, Carver County HIRA or the City of Shakopee who exercises policy, decision-making function or responsibilities in 3 connection with the planning and implementation of the Owner-Occupied Housing Rehab Program shall directly or indirectly benefit from this program. This prohibition shall continue for one year after an individual's relationship with the City of Shakopee or Carver County HRA ends. Specific prohibitions are as follows: a. Program participation: No member of the governing body of the locality of the City, no official, employee, or agent of the local unit of government, Carver County HRA or the City of Shakopee, as defined above, shall accrue direct or indirect program benefits. b. Contractual Relationships: No member of the governing body of the City,no official, employee, or agent of the City of Shakopee,or Carver County HRA, as defined above, shall obtain direct or indirect interest in any contract, subcontract, or agreement in any activity in this program that provides financial compensation for services. c. Prohibition Extensions: This prohibition extends to contracts or direct benefits in which a spouse, minor child or business partner may have personal or financial interest. 2. DETERMINATION OF CONFLICT OF INTEREST: When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. That Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CFR 570, Uniform Administration Requirements and State Statues 412.311 or 471-87 through 471.89. Upon determination that a conflict exists, a disclosure and description of the nature of the conflict must be made public and together with the Attorney's Opinion shall be forwarded to DTED Staff. At DTED's discretion,this may be forwarded to the Minnesota Attorney General for the State's Legal Opinion. V. DEFINITIONS: Carver County HRA.Carver County Housing and Redevelopment Authority City_City of Shakopee Deferred Loan_A loan that requires no monthly payments but is paid back in a prorated manner(see forgiveness period below)at the time the property is sold,title is transferred, or people are no longer living there, if within 10 years of the repayment agreement date. Dilapidated Buildings_A property that is determined not suitable for rehab because of the condition of the home and other factors considered when determining if a property is suitable for rehab. Forgiveness Period_A period after ten years when the loan will be fully forgiven, starting on the date that the repayment agreement is signed. (10%per year is forgiven for every year in the home). All SCDP loans will be secured with a repayment agreement against the property. 4 Home Equity_Equity that is calculated by deducting the existing housing debt from the estimated market value. A modified estimated market value will be used to evaluate the equity for the program in the City of Shakopee. Rehabilitation Advisor_Carver County HRA Staff who are construction managers on each individual project. Leverage Funds-Non-SCDP resources used to finance a portion of the repairs of the rehab project. Project Manager-City Administrator Rehabilitation Standards-Carver County HRA's Rehab Standards, which include; Section 8 Housing Quality Standards(HQS), and Carver County HRA Energy Efficiency Standards. Standard-Is a housing unit that is generally in good condition, and may have no or slight defects, which can normally be corrected during the course of regular maintenance. Examples of slight defects include: Slight chipping, peeling or unfinished exterior painting • Slight damage to porch and steps • Broken rain gutters or downspouts Substandard-Are those housing units that are in need of minor or moderate rehabilitation. Minor or moderate rehabilitation involves one or a number of repairs needed to make the dwelling unit standard. Examples of defects include: • Holes, open cracks,rotted, loose or missing materials over a small area of foundation, walls and roof • Shaky and unsafe porch, steps or railings. • Several broken or missing windowpanes. • Rotted or loose window frames or sashes that are no longer rain or wind proof • Lack of rain gutters and erosion of landscaping. Suitable for Rehabilitation-There are several factors considered when a determination is made as to whether or not a property is considered suitable for rehab. The primary factors are structural stability and the economic feasibility of the improvements to be made to the dwelling. For a more detailed description of Suitable for Rehabilitation see Section IX. Target Area-Is a designated area within the City of Shakopee identified in Attachment A. VI. PROGRAM ADMINISTRATION: 1. GENERAL ADMINISTRATION: The City of Shakopee will be contracting with the Carver County BRA for the general administration and the Housing/Commercial/Rental Rehab component of the City's Comprehensive program. 2. FIELD ADMINISTRATION: Carver County HRA is responsible for all administrative services related to the housing rehab component, including: marketing, taking rehab 5 applications, determining eligibility, conducting housing inspections, develop scope of work, bids and specifications, obtaining city and financial approval, perform loan closing, issue proceed to work notices, construction management, and inspect completed work. Carver County HRA will submit signed completion certificates for each project contractor payments for City approval and payment,the Carver County BRA will also bill the City for actual administrative costs incurred by the Carver County HRA. The City will review and approve the payment request and draw the funds from DTED. Upon receipt of the funds from DTED,the City will cut a check to Carver County HRA for reimbursement of expenses incurred by Carver County HRA on behalf of the City of Shakopee. 3. FEDERAL COMPLIANCE: The City and Carver County HRA will share in the responsibility to comply with Federal regulations regarding the administration and implementation of this Small Cities Development project. VII. HOUSEHOLD ELIGIBILITY: 1. The housing rehabilitation program is designed to be of 100 percent benefit to households of low to moderate incomes. Income Limits set by the Department of Housing and Urban Development for the Section 8 Existing Housing Program will be followed. Income limits are adjusted for family size as listed below. These limits shall be adjusted periodically upon HUD notification of income revisions. 2. Income for the purposes of this rehabilitation program shall be defined as gross annual income including salary, interest income, commissions,bonuses, interest dividends, tips, capital gains or sales of securities, annuities,pensions, rental property income(adjusted as allowed by the IRS), partnerships, estates or trust income, child support,alimony, social security,MN Family Investment Program(MFIP), and miscellaneous income. Gross annual income from self-employment shall be deemed to be the net profit from said self- employment, as declared by the applicant in Schedule C. F. or E. Part III,as appropriate, of the United States Internal Revenue Service Form 1040, or any other such schedule as may hereafter promulgate,but including all depreciation as income. 3. All income shall be verified in writing and projected forward for 12 months. The following examples listed below are considered acceptable: a. An income verification sheet which is assigned by a third party at the source of income; b. The previous two years tax returns shall be used for those applicants who are self employed or having variable incomes; c. Signed third party verifications from banks, savings and loans, insurance companies, etc. d. Such other written/printed verifications as deemed appropriate by CARVER COUNTY HRA. 4. Assets shall be defined as being in the following two separate categories for the purposes of this program; a. Liquid assets are those defined as cash on hand or deposits in savings or checking 6 accounts. b. Non-liquid assets are those that are real property,vehicles, or any other material possession. S. There will be no asset limitation associated with the SCDP loans. 6. No member of the governing body of the City, and no official, employee, or agent of the local government or Carver County HRA,who exercises policy, decision making function or responsibilities in connection with the planning and implementation of the Housing Rehabilitation Program shall directly or indirectly benefit from this program. This prohibition shall continue for one year after an individual's relationship with the City of Carver County HRA. VIII. LOAN STRUCTURE The Housing Rehabilitation Program will provide rehabilitation funds to low/moderate income homeowners as follows: • Very low income households (owner occupied): Owner occupied households meeting very low income Section 8 income guidelines(50%or less of Section 8 income limits for their household size for Scott County)will receive 100%deferred loans for the rehabilitation of their dwellings. The maximum deferred loan amount will be $19,000. The deferred loan will include a repayment agreement that stipulates a percentage payback of the deferred loan(10%per year in the home forgiven) if the property owner sells the dwelling within a ten year period of time after rehabilitation is completed. • Moderate income households(owner occupied): Owner occupied households that are below Section 8 income limits(80%median income for Scott County),but above very low Section 8 income limits(50%of 80%of median income), will receive a partial deferred loan, or tier II funding. Following is the schedule for deferred loans/homeowner share. Gross Income% Home Owner Share Deferred Loan Share Deferred Loan Max.Section 8 Amount Maximum Income Limits 50%&under 0% 100% $19,000 50%-60% 10% 90% $17,100 61%-70% 20% 80% $15,200 71%-80% 30% 70% $13,300 81%-90% 40% 60% $11,400 91%-100% 50% 50% $9,500 7 If the applicant is also eligible for any other low-income housing rehabilitation programs, such as the MHFA Rehab programs or the Weatherization program administered by the CAP Agency, every attempt will be made to leverage these programs in conjunction with the Small Cities program. Where there are no other sources of funding that may be included in the financing package and where there is determined to be no repayment ability, based on affordability calculations and program eligibility review,the applicant may qualify for tier 1 status. This will be determined by using the Underwriting Worksheet. Household Income Limits by Household Size SCOTT COUNTY MEDIAN INCOMES ONE TWO THREE FOUR FIVE SIX SEVEN EIGHT 50% $22,250.00 $25,450.00 $28,600.00 $31,800.00 $34,350.00 $36,900.00 $39,450.00 $42,000.00 80% $33,450.00 $38,250.00 $43,000.00 $47,800.00 $51,600.00 $55,450.00 $59,250.00 $63,100.00 IX. LOAN AMOUNTS LIMITS AND MAXIMUM 1. LOAN LIMITS: The maximum SCDP project size will be$19,000.00. 2. SUITABLE FOR REHAB CONSIDERATIONS The following factors will be considered in determining the project size and whether it is suitable for rehab: a. Rehabilitation Feasibility: Properties to be rehabbed through this program must be feasible for rehabilitation,both economically and from a planning perspective. Property may be deemed ineligible for rehabilitation if it is located in an area where residential property is an inappropriate usage or the value of property for residential usage is generally declining. The Rehab Advisor will generally determine if the property is suitable for repair. However, if the property is determined to be more than moderately substandard by the Rehab Advisor,the HRA will take that application to the City of Shakopee City Council to determine if the property is feasible for rehabilitation. b. Housing Replacement Costs: Housing Replacement costs can be used to justify housing rehabilitation in cases where substantial rehabilitation is necessary and there are no other housing alternatives for the applicant. In general, if rehabilitation of a house is less than 75%of the cost of new construction of a home of similar size, style, and amenities, then it may make economic sense to allow rehabilitation. Usually rehabilitation activities that exceed economic housing values are done because of other socio-economic considerations. c. Socio-Economic Considerations: When a housing unit has been determined to be 8 unsuitable for housing rehabilitation due to economic considerations, other factors should also be evaluated. Those factors range from the economic cost of relocation, to the physical condition or age of the occupant,to the physical condition or PY g p PY characteristics of a neighborhood. These factors, which will be called socio-economic factors, are tangible or intangible factors that have some social or economic value to the community over and above the strict monetary considerations of a housing rehabilitation project. In fact, many socio-economic considerations can incur costs to the community that far exceed the cost of a housing rehabilitation project. Socio- economic factors need to be evaluated before a decision is reached not to rehabilitate. Some of these factors can be: I. Handicap Accessibility Modifications 2. Lack of Housing Alternatives 3. Cost of Relocation 4. Expensive Housing Alternatives a. Nursing Home S. Historic Renovations 6. Neighborhoods or Areas with Depressed Market Values X. PROJECT FUNDING 1. FUNDING TYPE: The SCDP funds will be in the form of a loan without interest or periodic payments which must be repaid on a pro-rated basis in the even the improved property is sold, transferred, conveyed or ceases to be the borrower's principal place of resident within 10 years. All SCDP loans shall be secured with a repayment agreement. 2. LEVERAGE REQUIREMENT: Leverage funds shall be any funds used to provide for rehabilitation activities performed at an eligible applicant's dwelling unit other than the funds provided by the Small Cities Development Program. It will be determined if the homeowner need s to provide leverage by using the Underwriting Worksheet. There are two basic types of leverage, Deferred Loans and Grants and Subsidized and Unsubsidized Loans. The homeowner's eligibility for leverage sources will be determined by their income,homeowner debt and debt carrying capacity, homeowner credit worthiness and property eligibility. The HRA staff can determine if the homeowner will be eligible for the Deferred loans and grants by the information listed on the Small Cities Application. Also,the HRA staff can determine if the homeowner will be eligible for Subsidized and Unsubsidized loans by looking at the Small Cities Application and pulling a credit report. If the homeowner is unable to obtain leverage based on household income, debt carrying capacity and funding source limitations,the leverage requirement may be waived. Very Low Income: a. Deferred loans and grants: These will be provided by the following programs and sources: Minnesota Housing Finance Agency's Deferred Loan Program(DLP) and Revolving Loan Program(RLP),D.O.E. Weatherization, Energy Assistance Repair Program Grant/Loan, and where applicable, client contributions. 9 Low to Moderate Income: b. Subsidized and Unsubsidized Loans: These loans will be provided by the following programs and sources;Minnesota Housing Finance Agency's Home Improvement Loan Program(HLP), Local Bank Loans, and where applicable, client contributions. 3. For most rehabilitation projects, where the household has affordability and credit worthiness, Carver County HRA will be the primary lender through Minnesota Housing Finance Agency's Home Improvement Loan Program. 4. Cases where the applicant can go to another agency for rehab loans or grant funds, Carver County HRA will supply specifications and bidding documents or any other documentation required by the funding source. Carver County HRA will also coordinate contractor activities and payments with other agencies. 5. In some cases, applicants will be able to secure loan funds from local lending institutions when Carver County HRA is unable to underwrite a loan. When an applicant does secure funds from a lending institution Carver County HRA will provide specifications,bidding documents, warranties or any other documentation required by the lending institution before loan closing. However, before any proceed to work is sent to a contractor,the loan proceeds must be in the homeowner's escrow account and require the lending institution's authorization before any funds can be dispersed. This will be triggered by a completion certificate signed by the homeowner, contractor, and Carver County HRA's representative. 6. In some cases homeowners may wish to use liquid assets for leverage funds. When this occurs, homeowners will be required to turn the funds over to Carver County HRA before any proceed to work is sent to a contractor. These funds will be deposited in an escrow account and will be released only after the homeowner has signed a completion certificate. 7. Homeowners may also wish to contribute labor towards the completion of the project. To do this must exhibit adequate skill and the physical ability to perform the work required. Their ability will be determined by the Rehab Advisor. Work agreements will be signed by the homeowner with strict completion dates to insure timely project completion. 8. Loan proceeds will be held in escrow accounts from all sources,except where prohibited by other lending sources,until the improvement has been completed to the satisfaction of the applicant and the Project Manager(REHAB ADVISOR). The escrow will be held in a special account labeled as "leverage funds"and cannot be released until the applicant has signed a completion certificate, indicating that they are releasing the funds to the contractor. XI. ELIGIBLE PROPERTIES SCDP funds will be used to improve properties,which meet the following criteria: a. The property must be located within the boundaries of the designated target area. b. The property must be substandard but suitable for rehab. c. The property must be a permanent structure. 10 d The homeowner must individually or in aggregate have a qualifying interest in the property consisting of at least. ' 1. A 1/3 interest in the fee title. Such interests must be subject to a mortgage, and must demonstrate the ability to secure the signatures of all remaindermen and spouses with interest in the property, as loan guarantors; 2. A 1/3 interest as purchaser in a contract for deed. Such interests must secure the signatures of all parties and spouses that have interest in the property both as a contractor vendor and contract vendee; 3. A valid life state. Such life estates must be recorded and must appear in the records of the county. All remaindermen must be listed and must also sign the mortgage as loan guarantors; e. The property must be occupied by low/moderate income households, and the applicant must occupy the property as a principal place of residence. f. The property taxes on the applicant's property must be current at the time of application; rehabilitation money will not be reserved for the homeowner if there is a delinquency. Proof of payment will be required prior to proceeding with the processing of the application. The home must also be current on homeowners insurance. Proof of insurance must be provided at the time of application. XII. ELIGIBLE IMPROVEMENTS It is the goal of this housing rehabilitation program to rehabilitate substandard housing to the Carver County HRA Housing Rehabilitation standards as set forth by the Shakopee City Council. These standards include HUD's Housing Quality Standards and Carver County Energy Efficiency Standards. If the home will not meet the rehabilitation standards with utilizing the Small Cities and other available funds the home will not be eligible for the Small Cities Development Program. 2. The primary focus of this rehabilitation program is to eliminate health, safety,energy, and structural deficiencies in the dwelling units within the target area. In all cases those types of housing deficiencies will be addressed before any other improvement can be considered. There will be no work funded through the SCDP for strictly cosmetic purposes. 3. Only permanent improvements can be funded through the SCDP. Permanent improvements shall be those that include conversions, alterations, renovations, or repairs upon and in connection with existing dwelling units,which correct defects and deficiencies in those units. A permanent improvement shall be defined as an improvement that meets the following criteria: a. The Structure shall have a projected useful life of a minimum of 10 years. b. The structure shall be livable, safe, structurally sound and habitable. c. All improvements shall meet all governing applicable codes, however, existing situations may be"grandfathered in"if the code violation is not one that is associated with any health, safety, energy or structural violations. d. Those structures where overcrowding exists shall be prioritized. Overcrowding 11 shall be determined by the building design and the number and sex of the occupants. e. If the structure has been determined historically significant by the Minnesota Historical Society,plans for exterior improvements to the structure must be reviewed by the Minnesota Historical Society. XIII. INELIGIBLE IMPROVEMENTS -Swimming Pools, all air conditioning(unless per Doctor's order for medical reasons), patios, decks(unless existing and determined hazardous), fireplaces, window/door coverings(curtains,blinds, etc.),landscaping(unless needed for drainage purposes and then improvements should be limited to resolving problem), outbuildings(unless clearly hazardous or peeling lead paint), recreational improvements, woodstoves, 200 AMP service unless needed (than justify), payment of any improvements made before application approval, improvements not consistent with established standards, driveways, sidewalks(unless health, safety problems), water softener, garage door opener(unless handicap accessible improvement), wallpapering. Flooring and fixtures shall only be replaced to comply with the HQS Standards (see attached). In addition, SCDP funds shall not be used in whole or in part to finance or to satisfy an existing debt. XIV. FLOOD PLAIN REVIEW PROCESS Each applicant file will contain a form from the City's Planning Department stating whether or not the property is located in the 100-year floodplain. Properties located within the 100-year floodplain are only eligible for non-substantial rehabilitation. XV. HISTORICAL SOCIETY REVIEW 1. All properties which are over 50 years of age will be reviewed by the Minnesota Historical Society to determine if the structure is historically significant before any rehabilitation occurs. 2. After the initial property inspection has been completed by the Rehab Advisor,the following will be submitted to the Minnesota Historical Society Officer (SHPO). a. A photograph of the property(original, no photocopies) b. Year that the property was built c. Address or location of property d. Any known historical information about the property(original owner, architect, associated events or persons.) 3. Any changes in the scope of the project requested by the SHPO will be initiated. XVI. LEAD BASED PAINT 12 At the time of the application, each applicant will receive Lead Based Paint Warning Information and sign off that they have read and understand that literature. At the time of the inspection, evidence of chipping and peeling paint will be noted and addressed in the bidding process so that Lead Based Paint concerns are met. The specifications and scope of work related to painting include provisions that do not allow the use of lead base paint on any rehabilitation project. DTED's policy on lead based paint will be adhered to. XVII. MARKETING 1. Carver County BRA, on behalf of the City will conduct outreach in the target areas and will solicit applications for the program in the following ways: a. Notifying all applicants on the Target Area waiting list. b. Issue press releases advertising community meetings on SCDP grant both to local newspapers and to the local radio stations. c. Make a direct mailing of program information to the homeowners in the target areas if necessary to generate additional applicants. d. Develop brochures and send them out with the Municipal Utilities billing statements. e. Develop posters and post them in prominent areas in the City, and at the local food shelf. XVIII. APPLICATION AND APPLICANT SELECTION PROCEDURES 1. Applications will be received on a first come, first served basis, starting from the waiting list, which will be prioritized from the date at which the interested party first contacted Carver County BRA. Project approval for funding will be based upon first come first serve which will require the homeowner to provide all necessary documentation to proceed with loan closing. Applicants will be selected for participation in the SCDP based upon applicability to the program guidelines. CARVER COUNTY HRA will use the following guide to access the preliminary eligibility of the applicant. a. Whether or not the applicant is income eligible for a SCDP loan and what leverage package the applicants are eligible for. b. Credit history and debt-to-income ratio-as needed for leverage sources. c. Location of the applicant's property. d. Property ownership. 2 Once an applicant has been determined eligible for a SCDP loan then an inspection of the property will be conducted by the Rehab Advisor,the Rehab Advisor will determine what work is necessary to bring the property into compliance with the Housing Standards. The Rehab Advisor will then prepare a Scope of Work(work write-up)which will identify any violations to the Rehabilitation Standards and will also include any eligible improvements requested by the applicant that fall outside of the mandatory improvements. The Scope of Work shall be considered a binding contract between the applicant and the contractor performing work at the applicant's property. The Scope of Work will contain written cost estimates and will be used as part of the decision regarding reasonable cost bids and/or used as the basis for establishing a reasonable cost if only one bid is received. 13 3. The Scope of Work shall contain the following project and contractual documents: a.Instructions to the bidder. e.Special Conditions; b.Bid Proposal f. Specifications categorized by trade c.Diagrams and Lay-outs; d.General Conditions; THE CARVER COUNTY HRA WILL REQUIRE THE HOMEOWNERS TO GET 2 BIDS UNLESS THERE ARE SPECIAL CIRCUMSTANCES. XIX CONTRACTING PROCEDURES 1. The Contract is between the applicant and the contractor. The applicant will be provided a list, maintained by Carver County HRA, of contractors to choose from, however, an applicant is free to choose any contractor, as long as they meet license and insurance requirements. 2. The contractor bids off of computer generated bid specifications and a scope of work prepared by the Rehab Advisor following their inspection of the property and discussions with the homeowner. The Rehab Advisor after initial inspection of the property will draw up a cost estimate on the approved repairs. This cost estimating will assist the homeowner in comparison shopping when contractor bids start to come in and/or if only one bid is submitted on the property. A sole bid may be approved if it meets the cost reasonableness test based on the cost estimate. 3. Contractors will be allowed to bid on any and all rehabilitation projects, however, due to our adherence to our 90-day construction period. 4. The Contract shall be awarded to the lowest base bid,unless one of the following circumstances occurs: a. The Contractor has failed to follow the procedures as outlined in the Instructions to Bidders. b. The Contractor fails to bid according to the specifications and it proves impossible to compare that contractor's bid with the other contractors; c. The bid is determined to be unrealistically low by the Rehab Advisor and the Contractor agrees to withdraw the bid; d. The homeowner does not want the low contractor to perform the work and agrees to pay the difference between the lowest bid and the preferred contractor's bid. e. All bids in a trade category are determined to be unrealistically high or non- competitive in which case all bids in the questionable trade category will be thrown out and different contractors solicited for bids. 5. Upon acceptance of the bid by the homeowner,the REHAB ADVISOR will package the project according to the eligibility of the homeowner to the various leverage sources and the Small Cities Development Program. The package is then reviewed by the Rehab Advisor. Once the package has been approved, the Repayment Agreement is drawn up and a loan closing is conducted by the Community Development Specialist. 14 6. . Upon closing the REHAB ADVISOR issues a Notice to Proceed to the accepted contractors. That notice will allow the contractor 90 days in which to complete the awarded contract. Ninety days will be the allotted amount of time except under the following conditions: a. The work is weather dependent and weather conditions have not allowed the completion of the work; b. The Notice to Proceed is issued too late in the building season to allow weather dependent work to be completed on time; c. The homeowner preferred contractor is too heavily committed and a work schedule is established and is acceptable to the homeowner,the REHAB ADVISOR, and the contractor; d. Unforeseen difficulties develop with the approved work and force a delay. 7. After work begins, interim inspections will be scheduled by the REHAB ADVISOR to monitor work progress and work quality. If a dispute arises between a homeowner and a contractor the REHAB ADVISOR will attempt to find a means of resolving the conflict. If a solution cannot found then the Appeals process will be initiated. 8. All contractors will agree to the payment schedule contained within the Contractor's Application that is as follows: a. Payment shall not be required until the work has been inspected and approved by the homeowner and the Rehab Advisor and a completion certificate has been executed by both in connection with such inspection. b. Partial payments may be made by the HRA with sufficient withholding to protect the homeowner and/or the HRA from loss on account of incomplete or defective work and/or contractual obligations. c. Payments will be made only upon presentation of the following documents; 1. Billing Statement 2. Lien Waiver 3. Completion Certificate 9. Change Orders to the contract require the signature of the homeowner,the contractor,the REHAB ADVISOR, and the Housing Coordinator. Change Orders will specify who is responsible for the increased cost. These costs may be the responsibility of the homeowner and, if so,these funds must be placed in the appropriate escrow account. Change Orders will be allowed only for the following reasons: a. To rectify hidden deficiencies that are discovered once the work has begun; b. To change a specification due to unforeseen difficulties arising after work has begun; c. To address a deficiency that was inadvertently dropped from the project during project packaging. 10. A contractor's contract can be terminated under the following procedures: a. Poor work performance on the job site and the demonstrated inability to rectify the poor workmanship. The cost of repairing poor workmanship and the higher costs of awarding the bid to the next lowest bidder shall be deducted from any amount owed to the initial contractor for work completed. In all cases the contractor shall be given 15 the opportunity to rectify the problem before removal procedures are instituted. The REHAB ADVISOR shall institute the following procedures when negotiating a workmanship problem: 1. Shall set up a meeting at the job site with the contractor and homeowner to attempt to come to a consensus; 2. Shall contact the contractor the second time by certified mail notifying the contractor that the workmanship is still poor and specifying the areas that need to be addressed to satisfy the contract,giving the contractor a fifteen(15) day time limit in which to make the required repairs. b. Causing undue damages to a homeowner's property and the inability or unwillingness to correct the damages. The cost of repairing damages will be deducted from any money owed the contractor for work already completed. If the amount owed is insufficient to cover the costs of the damages then Carver County HRA will assist the homeowner, if necessary,to reclaim damages by legal means. c. The inability of the contractor to perform the work within the allotted time; d. Unreconcilable and unresolvable differences between the contractor and the homeowner; e. Contractors who are removed from a contract shall be removed from the Contractors List and shall be prohibited from being awarded any contract with CARVER COUNTY BRA. XX. CLIENT FILES 1. The Housing Department of Carver County HRA, on behalf of the City of Shakopee, shall maintain files on each applicant throughout the duration of the program. Each applicant's file shall include the following: a. Work Progression Chart: This form allows easy monitoring of the file and enables those working with it to see at a glance,just what stage the project is at. This form will be attached to the inside cover of the file; b. SCDP Loan Application: This form will provide information relative to family size and composition, employment information,household income, applicant affordability, and monthly expenses. The form will also provide data on the property to be improved. Verification of all income, as well as a copy of the applicant's most recent property tax statement shall be attached to the application. Proof of property ownership (Warranty Deed, Torrens Certificate,Recorded Contract for Deed, Recorded Life Estate, etc.)must also accompany the application. The lead paint warning will be included at the bottom of this form&will be signed by the applicant attesting that they have read&understand the dangers associated with lead based paint. c. Third Party Income Verification: This form provides third party verification of an applicant's income. These forms shall be signed by a representative from the source of 16 income; d. Property Inspection Form: The Inspection Report shall be prepared by the REHAB ADVISOR. The Inspection Report is designed to include a specific account of the condition of the property& all corrective actions necessary; e. Scope of Work: The Scope of Work is the contract between the applicant& contractor& specifies the exact work,which will be performed at the eligible household's property. f. Bids and Warranty's: These forms shall be signed& dated by the homeowner&the contractor&will be used as legal binding contracts; g. Repayment Agreement: This form is the legal mechanism by which a Lien is placed against the improved property until the loan is repaid, with no interest, at the time of property ownership transfer within 10 years; h. Close-Out Packet: A letter is sent to the homeowner informing them of completion& contains copies of the Repayment Agreement, & Completion Certificates. XXI. CITY APPROVAL PROCESS 1. All housing rehabilitation projects shall be reviewed by the City Council and the Carver County HRA Board. All applicants as part of the application process sign a data privacy release form allowing Carver County HRA to disclose information. The project information shall consist of the applicant's household composition, estimated market value, list of rehabilitation activities, estimated SCDP loan amount, leverage sources. If the City denies a project, reasons for denial must be stated in writing,within 15 days, & in the Council Minutes,&forwarded to the applicant& Carver County HRA. Carver County HRA will provide information on the appeal process to the applicant, Section XXIII. Any applicant whose application is denied shall have the right of appeal before the City Council. XXII. CLIENT COMPLAINT PROCESS Initial client complaints about any aspect of: 1. Carver County HRA's service delivery 2. Carver County HRA's staff;and or City Staff 3. Program restrictions; or 4. Contractor relations/workmanship may be pursued verbally or in writing to the Carver County HRA Assistant Director and shall be responded to by either the Housing Services Coordinator or the Housing Rehabilitation Specialist who shall work with staff,the contractor, and the client to resolve the problem within two weeks. If the applicant is still dissatisfied,the client may further pursue the complaint as follows: a. File a written complaint within two weeks of the original complaint. This complaint shall be responded to by the Executive Director within two weeks. b. If still unsatisfied, a complaint may be filed with the overall Project Coordinator for the City's SCDP project(in this case,the Shakopee Economic Development Coordinator) which will be taken to the City Council for action at their next regularly scheduled 17 meeting. c. If still unsatisfied,the complaint will be forwarded to the MN Dept. of Trade and Economic Development along with the following information: 1. A copy of the written complaint and request for satisfaction under the appeals process. 2. A copy of all correspondence between Carver County HRA and the appealing client concerning the appeal dispositions. 3. The final appeal disposition. XXIII. PROJECT APPEAL PROCESS If a household's application for any reason is denied or a household is dissatisfied with the level of assistance they have received,the following procedure is to allow for a standardized appeal/complaint process to all applicants. Upon complaint an applicant will be informed of the following procedure: a. That a written procedure for appeal is available. b. In the case of denial of assistance or service, a written notice shall be sent to the applicant clearly stating under what condition that application was denied and also a copy of this appeal process; c. Initial client appeals about any aspect of Carver County HRA's service delivery expressed verbally or in writing shall be forwarded to the appropriate department and shall be responded to by the Department Head within two weeks. If the applicant is dissatisfied with the response then the client shall be informed of the following procedure; d. The applicant who wishes to appeal the initial response, must submit a request for appeal in writing within thirty days of the initial response. This request must state the reason(s)for the appeal and should include any information that the applicant feels is pertinent to the appeal; e. All appeals should be addressed to: Carver County HRA Executive Director 500 PINE STREET N SUITE 204 CHASKA,MN 55318 f. The Assistant Director shall be designated by the Carver County HRA Executive Director to review all written appeals with the Executive Director. g. If the Executive Director and the Assistant Director do not concur on the findings, the Executive Director shall respond to the applicant, in writing, including the results of the review, an explanation of the findings and the next step the applicant can take if he/she is still not satisfied with the response; h. Or if the Executive Director and the Assistant Director do not concur on the findings, the appeal will be presented to the City of Shakopee City Administrator whose written decision shall be final and presented to the applicant within fifteen(15)working days. i. If the applicant wishes to appeal the decision of the Executive Director and the Economic Development Coordinator,the applicant may appeal to the City Council within fifteen(15)working days. At that time the applicant will be notified that they have the right to appear before the City Council. The City of Shakopee City Council is will respond with a written decision,which shall be final, within fifteen(15)working days. j. Any further appeal actions will be forwarded to the MN Dept. of Trade and Economic Development along with the following information: 1. A copy of the written complaint and request for satisfaction under the appeals process. 2. A copy of all correspondence between Carver County HRA and the appealing client concerning the appeal disposition 3. The final appeal disposition. XXIV. LOAN REPAYMENT 1. Within ten(10)years from the date of loan closing,when a property ceases to be the applicant's principal place of residence or when the property is sold or transferred,the loan principal is due in full. The loan funds will be repaid to the City, in full, from the proceeds from the sale when an improved property is sold. 2. The City will use the repaid funds to help address the future housing needs within the City in the exact manner as outlined in the proceeding procedures. XXV. PROGRAM INCOME Income from the repayment of loans will be held by the City and tracked separately from other City funds. Repayments will be used by the City to assist LMI households in the repair of their homes. XXVI. PROGRAM FRAUD EVIDENCE OF FRAUD: The Administrator shall refer to any participating households, where evidence of fraud or misrepresentation is present,to the Minnesota Attorney General for appropriate investigation and legal action. 19 XXVII.AMENDMENTS/DIRECTIVES These procedural guidelines may be amended or supplemented from time to time by the City of Shakopee/Carver County HRA by issuance of revised pages to be effective on the date of issue. Adopted by the Shakopee City Council this day of 2000. By: Attest: 20 CITY OF SHAKOPEE SMALL CITIES DEVELOPMENT PROGRAM RESIDENTIAL RENTAL REHABILITATION PROGRAM PROCEDURAL GUIDELINES CITY OF SHAKOPEE SMALL CITIES DEVELOPMENT PROGRAM RESIDENTIAL RENTAL REHABILITATION PROGRAM PROCEDURAL GUIDELINES ADMINISTERED BY CARVER COUNTY HRA PROGRAM OBJECTIVES 1. FEDERAL OBJECTIVE: The Federal objective addressed by the Shakopee Downtown Revitalization Program's rental rehabilitation activity will be of benefit to "Low/Moderate Income Persons." All of the rental structures must have at least 51% of their rental units occupied by low/moderate income households at an affordable rent in accordance with the U.S. Department of Housing and Urban Development Section 8 Income Limits for Scott County. PROGRAM ADMINISTRATION 1. GENERAL ADMINISTRATOR: The Carver County Housing and Redevelopment Authority (CCHRA) will be responsible for all phases of the administration of this Small Cities Development Comprehensive Program. CCHRA will be the Fiscal Agent and will be responsible for all financial and progress reports. CCHRA will have principle responsibility for completion of the Environmental Assessment and development/submission of all required policies and procedures prior to commencement of program delivery. Floodplain maps will be provided to the Field Administrator. 2. RENTAL REHABILITATION ADMINISTRATOR: City of Shakopee will contract with CCHRA for rental rehabilitation field administration services. CCHRA will be responsible for program marketing, determination of property owner,tenant eligibility and requirements, assistance with financial packaging, property inspections and suitability of property rehabilitation, work write-ups, contract awards, interim inspections, change orders, final inspections,contractor payments and project close-outs. 3. FEDERAL COMPLIANCES:The City of Shakopee and CCHRA will share responsibility to comply with Federal Regulations regarding the implementation and administration of this Small Cities Development Project. 1. FAIR HOUSING/AFFIRMATIVE ACTION: It is the policy of the City of Shakopee to work affirmatively to ensure that all persons regardless of race, creed, national origin, sex, martial status, age, handicap or reliance on public assistance shall be treated equally and fairly for purposes of this SCDP Rental Rehabilitation Program. a. Program promotion conducted by CCHRA and the City of Shakopee shall be inclusive and will exercise care to avoid promotion methods that exclude eligible applicants. b. CCHRA will provide all applicants with printed information on Fair Housing at the time of application. c. Affirmative promotion shall actively pursue methods of reaching potential applicants that are difficult to reach. 1 GENERAL ELIGIBILITY 1. IMPROVEMENT OF SUBSTANDARD RENTAL UNITS: This rental rehabilitation program is designed to improve substandard rental units, address health and safety considerations and to preserve existing community rental stock. 2. INCOME: Property owner income shall have no direct bearing on the lending of SCDP funds except where inadequate cash flow or income exists to matching fund requirement. 3. DATA PRIVACY: Information on program applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, income and income sources, assets and assets sources, credit reports and financial reports will not be released without prior, written consent of the applicant as specified by the ACT. The Data Release Form will inform the applicant of what information will be released and to whom. Information will only be gathered and released for solely administrative purposes such as eligibility determination, administrative review, coordination and securing of leverage funds. All necessary tenant information will also fall within this protected area. Private information may be released to the following agencies or organizations: CCHRA, Minnesota Housing Finance Agency,Lending Institutions, DTED,and HUD. 4. EVIDENCE OF FRAUD: The administrator shall refer any participating tenants, property owners, or contractors,where evidence of fraud, collusion,or misrepresentation is present,to the Minnesota Attorney General for appropriate investigation and legal action. CONFLICT OF INTEREST 1. GENERAL CONDITIONS: No member of the governing body of the locality and no official, employee, or agent of the local government, City of Shakopee or CCHRA, who exercises policy,decision-making function or responsibilities in connection with the planning and implementation of the Rental Rehabilitation Program shall directly or indirectly benefit from this program. This prohibition shall continue for one year after an individual's relationship with the Local Government, City of Shakopee or CCHRA ends. 2. DETERMINATION OF CONFLICT OF INTEREST:When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. The Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CDFR 570, Union Administration Requirements and State Statutes 412.311 or 471-87 through 471.89. The Attorney's Opinion shall be forwarded to DTED Staff and at DTED's discretion,shall be forwarded to the Minnesota Attorney General for the State's Legal Opinion. RENTAL PROPERTY OWNER'S AGREEMENT 1. TERM OF RENTAL CONDITION: Property owner's participation in the Rental Rehabilitation program is conditional upon the Owner's consent to enter into an Agreement with the City. That agreement shall stipulate the following conditions: a. All rehabilitated rental units shall, at a minimum, meet the Rehabilitation Standards as provided in the Small Cities Development Program procedures. 2 b. A minimum of 51% of the units to be rehabilitated shall be rented by low to moderate income households. Low to moderate income shall be defined as household income of less than 80%of the annually published area HUD median income. c. The owner agrees to enter into an annual lease with existing tenants if the affected units are not currently under lease. d. The owner further certifies that the rental rates effective at the time of this agreement shall be maintained for the term of the existing lease period. e. The Owner must limit rental increases to no more than 5%per lease year for the effective term of this contract, provided those rental increases do not exceed the HUD published 50%rent allowance for the area. f. The Owner agrees to maintain rents for a period of five consecutive years from the date of this agreement at a rate that is LESS than the rent level, including utility allowance, based on 30%of the 50%of the Area Median Income: Efficiency $416.00 One Bedroom $535.00 Two Bedroom $684.00 Three Bedroom $925.00 Four Bedroom $1048.00 Where the lease rents exceed these limits,rents must be lowered to meet them. g. The Owner agrees to minimize any activities that may result in displacement of a tenant. The Owner agrees to provide alternative housing for an affected tenant if the tenant is forced to relocate due to construction activities,he must agree to reimburse the displaced tenant for allowable expenses under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (URA). 2. ASSETS: There will be no asset limitation associated with SCDP loans. Liquid assets shall be viewed as a potential loan leverage source. 3. EVIDENCE OF FRAUD: Any administrating party participating in the Program shall refer evidence of fraud,misrepresentation,or other misconduct in connection with the operation of the Program to the State of Minnesota Attorney General for investigation and possible legal action. 4. FAIR HOUSING/AFFIRMATIVE ACTION: The rental property owner and/or management staff will work affirmatively to ensure that all persons regardless of race, creed, national origin, sex, martial status, age, handicap or reliance on public assistance shall be treated equally and fairly for purposes of this SCDP Rental Rehabilitation Program. TENANT ELIGIBILTY 1. INCOME ELIGIBILITY:This rental rehabilitation program is intended to primarily benefit tenants of low to moderate incomes. This will be achieved by requiring that at least 51% of 3 the assisted rental units house low to moderate income tenants. Tenant income will be verified and shall follow the gross income limits as set by the Department of Housing and Urban Development for the Section 8 Existing Housing Program. These limits shall be adjusted periodically upon HUD notification of income revisions. The income limits as adjusted for family size are as follows: Household Size Household Income 1 $33,450 2 $38,250 3 $43,000 4 $47,800 5 $51,600 6 $55,450 7 $59,250 8 $63,100 2. INCOME VERIFICATION: All income shall be verified in writing by a third party. Tenant income shall be assembled and verified by CCHRA. The following examples listed below are considered acceptable. a. An income verification sheet which is signed by a third party at the source of income; b. The previous two years tax returns shall be used for those applicants who are self- employed or have variable incomes. All schedules and attachments are necessary; c. Signed third party verifications from banks,savings and loans,insurance companies, etc.; d. Such other written/printed verifications as deemed appropriate by CCHRA. Income information that is no more than one-year-old will not be considered current for verification purposes and must be re-verified. 1. PRIORITY FOR REHABILITATION: All SCDP applications are taken on a first-come first-served basis. When an application is completed and approved by the Housing Coordinator, the applicant home is scheduled for an inspection by the Rehabilitation Inspector. Inspection schedules are made based on the order an application is received after it has been approved. The inspector will work with the homeowner and prospective contractors to schedule rehabilitation completion. Health and Safety: When the Field Inspector determines that there is a deficiency in the home that is a health and safety risk to the family,that home will receive priority. 2. SUITABILITY FOR REHABILITATION: Residential rental units must be determined as suitable candidates for rehabilitation in order to receive SCDP funds. That determination shall be based on a number of factors including structural viability/housing deficiencies, 4 market-housing design viability, historic significance, zoning, location, cost of rehabilitation and post market value,housing replacement costs and other socio-economic factors. a. Structural Viability: Will be determined by the number and severity of structural and house system deficiencies existing in the rehabilitation candidate. Funding from SCDP and leverage sources must be available to address all existing structural deficiencies. b. Residential Design/Local Market Value: The residential rental unit design must allow for residential reuse of the unit after the current owner has moved on. The residential design must be such that the unit will have an after rehabilitation market value or a layout that allows for modifications to the unit within its after rehabilitation market value that exceeds the cost of rehabilitation. c. Historic Significance: Residential units that possess historic significance will be reviewed outside of normal market value economic considerations. d. Zoning/Property Location: Residential units located within industrial or commercial zones may be declared as not suitable for rehabilitation. e. After Rehabilitation Market Value: If the type and number of housing repairs needed to bring the rental unit into compliance with the adopted housing standards exceeds the after rehabilitation market value of the unit,the unit may be declared as not suitable for rehabilitation. Denial of assistance shall be based on after rehabilitation market value established through an appraisal. After Rehabilitation Market Value defined as: Current EMV+50%of the Cost of Rehabilitation Repairs f. Housing Replacement Costs/Socio-economic Factors:When a residential unit has been determined to be unsuitable for rehabilitation due to economic or market factors, other factors must be considered. These factors include. 1) Lack of Housing Alternatives 2) Cost of Relocation 3) Expensive Housing Alternatives 4) Abnormal Low Market Values due to depressed market 5) Physical condition and age of resident 3. DECLARATION OF UNSUITABLE FOR REHABILITION: When a residential rental unit has been determined as"Not Suitable for Rehabilitation"the governing body,the City of Shakopee, shall review information provided by the Field Administrator that shall consist of the following: 1) Inspection Report 2) Estimated Cost of Repairs 3) Zoning/Location 4) After Rehabilitation Appraisal 5) Historic Review(SHPO) 6) Socioeconomic Factors The Field Administrator will also provide the City of Shakopee with the analysis made based on Section 4f Lack of Housing Alternatives; Cost of Relocation; Expense of Housing 5 Alternatives, Abnormal Low Market Value in a Depressed Market; and Physical Condition/Age of Resident. The Governing Body shall then make a determination to declare the residential unit as unsuitable for rehabilitation or decide that other factors warrant the rehabilitation of the unit, in which case the project proceeds. 4. TARGET AREA: The property to be rehabilitated must be located within the target area which, for the purposes of this rental rehabilitation program, will be the "Residential Redevelopment Area"as designated in the City of Shakopee. See Attached Map. 5. ELIGIBLE STRUCTURES:The property must be a residential rental structure meeting the following classification: a. Single Family and Duplex Rentals. b. Residential Commercial Buildings containing 2 or more units. c. Mixed-use Commercial units containing residential units. d. The property to be rehabilitated shall be an active residential rental enterprise. Exceptions can be made for repairs to allow the rehabilitation of vacant residential rental properties that are bona fide developments and receive a waiver of the occupancy standard by the City of Shakopee. 6. OWNERSHIP REQUIREMENTS: The property owner must individually or in aggregate have a qualifying interest in the property consisting of at least: a. A 1/3 interest in the fee title. Such interests must be subject to a mortgage, and must demonstrate the ability to secure the signatures of all remaindermen and spouses with interest in the property,as loan guarantors; b. A 1/3 interest as purchaser in a contract for deed. Such interests must secure the signatures of all parties and spouses that have interest in the property both as contractor vendor and contract vendee 7. TAX DELINQUENCY:Property Owner receiving rehabilitation assistance must be current with property tax payments. 8. PROPERTY INSURANCE: The Property Owner must carry current property insurance both at the time of the application and through the completion of rehabilitation. 9. DEFAULT AND BANKRUPTCY: The Property Owner shall not be eligible to receive SCDP funding if the property to be rehabilitated is in default of its mortgage, contract for deed or comparable obligation. An applicant will be ineligible to receive assistance through this rehabilitation program if the applicant is currently involved in bankruptcy proceedings. FLOOD PLAIN:All Rental Housing units will be individually assessed to determine if the housing property is located in a 100-year flood plain area. Location within a flood plain will be determined by reviewing the applicant home location on a flood plain map. If the housing is located outside of the 100-year floodplain it will be documented in the file and no further action will be necessary. Properties located within the 100-year floodplain are not eligible for the Small Cities Development Program. Each applicant file will contain a form from the City's Planning Department stating that the property is not located in the 100-year floodplain. 6 PROJECT FUNDING 1. TENANT OCCUPIED PROGRAM DESIGN: The SCDP project shall have a funding threshold based on income. Upon project completion, at least 51% of the units must be occupied by households at or below current Section 8 income limits(80%of the area median income). The following table details funding level and loan type: Household 80%Area Median Income Size 50%Deferred Loan 50%Other Funds 1 $35,150 2 $40,150 3 $45,200 4 $50,200 5 $54,200 6 $58,250 7 $62,250 8 $66,250 2. MAXIMUM FINANCING: The maximum SCDP Ioan amount extended to any applicant shall not exceed$10,000 for single family or duplex residential rental dwelling units. If the total cost of repairs exceeds the SCDP funding limit, the applicant will be responsible to secure additional financing. CCHRA will assist the applicant to secure leverage funding, but if the applicant is unable to secure the necessary funding,then the scope of the project will be reduced in a manner that is consistent with the funding priorities and adopted Housing Standards. 3. FINANCING DEFINITIONS: The City of Shakopee Small Cities Development Program (SCDP) Rental Rehabilitation Program will have a blended financing made up of two separate sources of funds. That financing will consist of: a. Deferred Loans: A 0% deferred loan will be defined as a loan without interest or periodic payments, which must be repaid in the event the improved property is sold, transferred, or conveyed or ceases to be used for residential housing within 7 years. Forgiven 1/7%per year for seven years. b. Leverage funds: Shall be any funds used to provide for rehabilitation activities performed at an eligible applicant's dwelling unit other than the funds provided by the Small Cities Development Program. Leverage sources will be determined by income, existing debt and cash flow and the debt carrying capacity of the property, property owner credit worthiness and property eligibility. Primary rental rehabilitation leverage funds are composed of the following: 7 c. Subsidized and unsubsidized loans: These loans will be provided by the following programs and sources: Minnesota Housing Finance Agency's Rental Rehabilitation Loan Program(RRLP),Local Bank Loans,and where applicable, client contributions. 4. OTHER LEVERAGE SOURCES: SCDP funds shall also be leveraged with dollars provided from sources other than private,public or non-profit Lenders. a. Liquid Assets:In some cases Property Owners may wish to use liquid assets for leverage funds. When this occurs, Property Owners will be required to turn the funds over to CCHRA, these funds will be deposited in an escrow account before any "proceed to work" is sent to a contractor. b. Leverage Fund Policy: Proceeds will be held in escrow accounts from all sources, except where prohibited by other lending sources, until the improvement has been completed to the satisfaction of the applicant and the project manager. The escrow will be held in a special account labeled as "leverage funds" and cannot be released until the applicant has signed a completion certificate,indicating that they are releasing the funds to the contractor. ELIGIBLE IMPROVEMENTS 1. GENERAL CONDITIONS:It is the goal of this rental rehabilitation program to rehabilitate substandard rental housing to the standards as set forth in the Carver County HRA Housing Rehabilitation Standards as adopted by City of Shakopee (See Attachment 1 to these policies). These standards exceed HUD's Housing Quality Standards and are, in part, based on the Minnesota Energy Efficiency Standards. It will be the primary focus of this rehabilitation program to eliminate health, safety, energy and structural deficiencies in the dwelling units within the residential area of City of Shakopee. There will be no work funded through the Small Cities Development Program for strictly cosmetic purpose. 2. ELIGIBLE IMPROVEMENTS: Only permanent improvement can be funded through the Small Cities Development Program. Permanent improvements shall be those that include conversions, alterations, renovations, or repairs upon and in connection with existing habitability, structural integrity or energy efficiency of the property. Upon completion the property must meet or exceed HUD's Housing Quality Standards and must meet the following general requirements: 3. PRIORITY IMPROVEMENTS: Shall be defined as improvements that are mandatory and must be completed before other types of repairs are considered. Those repairs include, but are not limited to the following: a. Fire Code, National Electrical Code, Uniform Plumbing Code and Mechanical Code violations affecting health and safety. b. Elimination of Lead Based Paint and Asbestos. c. Repairs affecting the structural integrity of the building. d. Modifications to make the rental units accessible to handicapped persons(Section 504). e. Violations of HUD's Housing Quality Standards. 8 f. Violations of the Minnesota Energy and Efficiency Standards. g. If the structure has been determined historically significant by the Minnesota Historical Society, plans for exterior improvements to the structure must be reviewed by the Minnesota Historical Society. SHPO mandated repairs are priority. 4. FUNDING PROHIBITIONS: Improvements that are largely cosmetic or do not improve housing systems are generally ineligible. Specifically,the following activities are ineligible: a. Household appliances, saunas, whirlpool baths, decorative cabinetry, detached garages, decks, patios, landscaping (unless it's undertaken due to repairs resulting from eligible activities), wood burning heating systems, fireplaces, financing, water softener or window air conditioners (central air conditioning may be allowable with documented medical justification). b. Small Cities Development funds shall not be used in whole or in part to finance or to satisfy an existing debt. c. Small Cities Development Program funds shall not be used for the payment, in whole or partly for the satisfaction of assessments for public improvements. d. Additions are generally ineligible unless the work is being undertaken to address accessibility issues. LEAD BASED PAINT 1. GENERAL CONDITIONS: The elimination of lead based paint is a priority of this Small Cities Development Program. The following procedures shall apply to the housing rehabilitation activities: a. All Tenants shall receive, review and sign "Lead Based Paint...A Threat To Your Children"(US GPO#1933-351-568). This document civil be part of the applicant file. b. The Scope of Work contract, (the contract between theapplicant and the contractor), �P ) shall expressly prohibit the use of lead based paints in all rehabilitation activities. c. All defective paint surfaces including peeling, cracking, scaling, chipping or loose paint surfaces shall be identified and corrected in accordance with methods that ensure the safety of residents and contractors. d. Lead-safe work practices will be followed in accordance with the Minnesota Department of Health. HISTORICAL SOCIETY REVIEW 1. SHPO REVIEW: All properties erected before 1945 will be reviewed by the Minnesota Historical Society to determine if the structure is historically significant before any rehabilitation occurs. 9 2. HISTORIC PROCEDURE: After the initial property inspection has been completed by the Field Inspector, the following will be submitted to the Minnesota Historical Society Officer (SHPO). a. A summary of the work to be done at the property; b. Photographs of the structure; c. Property description; d. Any other information request by the SHPO. Prior to the issuance of the Proceed to Work a response form the SHPO must be in the file indicating approval of proposed work and/or required amendments to the proposed work. Any changes in the scope of the project required by the SHPO must be initiated. MARKETING 1. GENERAL MARKETING: CCHRA, along with of the City of Shakopee will conduct outreach in the City and will solicit applications for the program in the following ways: a. Notifying all applicants on the Shakopee Waiting List for compilation of an Applicant List. b. Issue press releases advertising community meetings and/or information on SCDP grant application both to local newspapers and to local radio stations. c. Make direct mailing of program information to the property owners in the community if necessary to generate additional applicants. d. Develop brochures and send them out in the billing statements of local utility vendors. e. Develop posters and post them in prominent areas in the communities as well as distributing brochures at commodity distribution sites,where applicable. APPLICATION AND APPLICANT SELECTION PROCEDURES 1. APPLICATION PROCEDURES: Applicants will be selected for participation of the Small Cities Development Program based upon completion and acceptance of their application in accordance with program guidelines. Applications will be received on a first come, first served basis, starting from the waiting list,which will be prioritized from the date at which a completed application is returned to the CCHRA. CCHRA will use the following guide to access the preliminary eligibility of the applicant. a. Property owners are eligible for a 50%deferred loan with a maximum deferred loan of $10,000 per unit. The property owner must be able to secure to leverage be g eligible for the program. b. The property owner/manager shall complete the Tenant Assistance Record for each housing unit to be rehabbed. The form contains general information about the number of occupants,their incomes,pre and post-rehab rents,etc. This form will be furnished to the property owner/manager by the HRA. 10 c. The property owner/manager must notify each tenant that they will not be displaced. A copy of what needs to be mentioned in the letter will be furnished by the HRA. This general information notice shall be personally served or sent by certified mail, return receipt requested. If any new tenants move into a unit to be rehabilitated before the completion of construction, the property owner/manager must notify them as well with the general information notice. d. They need to be notified by the property owner/manager that they are eligible for relocation payments and assistance. A copy of what needs to be mentioned in the letter will be furnished by the HRA. This general information notice shall be personally served or sent by certified mail,return receipt requested. If any new tenants move into a unit to be rehabilitated before the completion of construction,the property owner/manager must notify them as well with the general information notice. The property owner/manager will then follow through with relocation assistance and help the tenants complete their move and receive proper relocation payments. The property owner/manager needs to keep the tenant assistance record up to date. Once an application has been completed and preliminary approval by the Housing Coordinator, the application will be given to the Field Inspector for the scheduling of an inspection. 2. HOUSING INSPECTION: Once a property owner and the residential rental structure has been determined eligible for a SCDP loan then an inspection of the property will be conducted by a Field Inspector. The Inspector will determine what work is necessary to bring the property into compliance with the Housing Standards. The REHAB ADVISOR after initial inspection of the property will draw up a cost estimate on the approved repairs. This cost estimating will assist the property owner in comparison shopping when contractor bids start to come in and/or if only one bid is submitted on the property. If one bid is submitted and the costs are high in comparison,a pre-construction conference with the property owners, bidding contractor and the Carver County HRA's REHAB ADVISOR will take place. Discussions as to where the differences are and the cost reasonableness of the bid will occur. The final decision will be based on the Rehab Advisor input and the desire of the homeowner to pay the difference between the bid and cost estimate. 3. SCOPE OF WORK:The Scope of Work shall be considered a binding contract between the applicant and the contractor performing work at the applicant's property. It shall contain the following project and contractual documents: a. Instructions to the bidder; b. Bid Proposal; c. Program Warranties; d. General Conditions; e. Special Conditions; f. Specifications categorized by trade; g. Diagrams and Lay-outs. 11 DAVIS BACON LABOR STANDARDS 1. GENERAL CONDITIONS: All rental rehabilitation projects containing eight (8) or more units with rehabilitation costs exceeding $2,000 shall incorporate the Davis Bacon and Related Acts provisions. 2. SPECIFICATIONS: Projects governed by Davis Bacon shall contain the prevailing wage rate within the work-write-up/specification. The CCHRA Labor Standards Officer will request a wage determination for the prevailing wage rate from the Labor Standards Officer at DTED prior to bidding. Prevailing wages are computed by the Department of Labor and are issued in the form of federal wage decisions for each classification of work. DTED will issue two copies of the most recent wage decision, including the HUD form 4010, Federal Labor Standards provisions. 3. COPELAND "ANTI-KICKBACK" ACT: The Act requires that workers be paid at least once a week without any deductions or rebates except permissible deductions which include taxes, deductions the worker authorizes and those required by court processes. The Act also requires that contractors maintain payroll records and submit weekly payrolls and statement of compliance to the contracting agency. 4. CONTRACT WORK HOURS/SAFETY STANDARDS ACT: The Act requires that workers receive overtime compensation at a rate of 1 '/Z times their regular wage after they have worked 40 hours in one week. 5. DEBARMENT: Before contract issuance,the Field Inspector shall verify that the selected contractor is not debarred or otherwise excluded from working of federally funded projects. Contractor clearance will be obtained from DTED. Documentation of Contractor Clearance will be kept in each individual project file. 6. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall be held with the General Contractor and all sub-contractors prior to the issuance of a Proceed To Work to discuss Labor Standards compliance and reporting procedures with the awarded bidder(s). 7. REPORTING:The Field Administrator shall be responsible to gather,maintain and provide weekly payroll reports and employee interviews. The Field Administrator will also ensure that the General Contractor completes HUD's Contractor/Subcontractor Certification. 8. COMPLIANCE MONITORING: CCHRA is responsible for monitoring compliance with Labor Standards requirements. Monitoring will include weekly review of payroll reports, comparisons with wage decisions and employee interview. Interviews will be conducted with at least 10% of the contractor employees, with a representative sample of Trades and Classifications. Compliance reviews will be dated and initialed by the individual conducting the review and copies will be maintained in each project file. 12 9. LABOR STANDARDS VIOLATIONS: If labor standards violations are discovered, the contractor must be notified and corrective action taken immediately. All violations will be immediately reported to the DTED Labor Standards Officer. 10. POSTINGS: Applicable wage decisions and rates must be posted at the work site for the duration of the contract work. Contractors must post the "Notice To All Employees" and EEO posters at each job site for the duration of the job. 11. FINAL LABOR STANDARDS COMPLIANCE REPORT: When the construction contract is complete,the Final Labor Standards Compliance Report must be completed by the Labor Standards Officer and sent to DTED. CONTRACTING PROCEDURES 1. PARTICIPATING CONTRACTORS: All contractors participating in the Small Cities Development Program must have on file at CCHRA office, a Contractor's Application. The contractors will be responsible for securing insurance in the amounts specified on the application form. The application must contain proof of insurance coverage via a Certification of Insurance Coverage,and the contractor's registration number. 2. BID SOLICITATION:The Contract is between the property owner and the contractor. The property owner will be provided a list of contractors,to choose contractors from,however, a property owner is free to choose any contractor to solicit bids from who the property owner may want. In order for a contractor who is not approved by CCHRA to be awarded a bid,the contractor must furnish CCHRA with a Certificate of Insurance, and must complete a Contractor Application. Upon doing so the contractor shall be awarded the bid. 3. DAVIS BACON: Davis Bacon Labor Standards requirements and documentation must be included in the contractor bid packets. 4. BIDDING: Contractors will be allowed to bid on any and all rehabilitation projects, however, no single contractor will be allowed to work on more than three rehabilitation projects at one time. The contractor bids off of computer generated bid specifications and a scope of work prepared by the Rehab Advisor following their inspection of the property and discussions with the homeowner. The Rehab Advisor after initial inspection of the property will draw up a cost estimate on the approved repairs. This cost estimating will assist the homeowner in comparison shopping when contractor bids start to come in and/or if only one bid is submitted on the property. A sole bid may be approved if it meets the cost reasonableness test based on the cost estimate. 5. BID AWARDS: The Contract shall be awarded to the lowest base bid, unless one of the following circumstances occurs: a. The contractor has failed to follow the procedures as outlined in the Instructions to the Bidders,page 2, Scope of work; b. The contractor fails to bid according to the specifications and it proves impossible to compare that contractor's bid with the other contractors; c. The bid is determined to be unrealistically low by the Inspector and the contractor agrees to withdraw the bid; 13 d. The property owner does not want the low contractor to perform the work and agrees to pay the difference between the lowest bid and the preferred contractor's bid. e. All bids in a trade category are determined to be unrealistically high or non-competitive, in which case all bids in the questionable trade category will be thrown out and different contractors solicited for bids. 6. PROJECT PACKAGING AND LOCAL REVIEW APPROVAL: Upon acceptance of the bid by the homeowner and the Inspector,the Inspector will package the project according to the eligibility of the homeowner to the various leverage sources and the Small Cities Development Program. The package is then reviewed by the Housing Coordinator to ensure completeness and accuracy. a. Location of Home to be rehabilitated; b. Income/ownership eligibility status of applicant; c. Proposed rehabilitation to be completed; d. Submitted Bid amounts and selection of approved bid; e. Proposed Financing Package. 7. CONTRACTOR NOTIFICATION:Upon closing the Inspector issues a Notice to Proceed to the accepted contractors. That notice will allow the contractor 90 days in which to complete the awarded contract. Ninety days will be the allotted amount of time except under the following conditions: a. The work is weather dependent and weather conditions have not allowed the completion of the work; b. The Notice to Proceed is issued too late in the building season to allow weather dependent work to be completed in time; c. The property owner preferred contractor is too heavily committed to perform the work within the allotted time and informs the property owner and Inspector that he is too heavily committed and a work schedule is established and is acceptable to the property owner,the Inspector and the contractor; d. Unforeseen difficulties develop with the approved work and force a delay. 8. CONTRACTOR CONTRACT:Each selected contractor will enter into a contract with the Property owner. The contract will outline the terms for completion of the rehabilitation on the home and will include the following: • Project Start Date • Project Completion Date • General Conditions • Special Conditions • Project Warranties • Change Order Procedures • Payment Terms • Termination Procedures 14 9. FAILURE TO START/COMPLETE PROJECT: Upon receipt of the Proceed to Work a contractor will have 90 calendar days in which to complete the contracted work. Failure to begin work within the first 90 days will be grounds to terminate the contract. 10. INTERIM INSPECTIONS:After work begins, interim inspections will be scheduled by the Inspector to monitor work progress and work quality. If a dispute arises between a property owner and a contractor the Inspector will attempt to find a means of resolving the conflict. 11. PAYMENT PROCEDURES: All contractors will agree to the payment schedule contained within the Contractor's Application which is as follows: a. No pre payments are allowable for any reason; b. Lien Waivers are required for all sub-contractors before payment will be made; c. Partial payments are not allowable for any work that is not completed. Payments are limited to a maximum of 85%of the total due on the completed portions of the project; d. Any and all payments will be made only after the work is completed according to the specifications contained within the Scope of Work and when the work meets with the approval of both the Applicant and the Inspector. In order for the contractor to be paid, a signed Completion Certificate must be presented at the time of payment. Both the Applicant(s)and the Inspector must sign the Completion Certificate; e. Fifteen percent(15%) shall be retained from each partial payment. Final payment for all work completed, including any withheld amounts, may be made after all work by a contractor is completed, the final inspection has been conducted and the inspector, homeowner and contractor have signed off on the work. f. Payments will be made only upon presentation of the following documents; 1) Billing Statement 2) Lien Waiver 3) Sworn Contractors Statement 4) Completion Certificate 5) W-9 Form 12. CHANGE ORDERS: To the contract require the signature of the property owner, the contractor,the Inspector, and the Housing Coordinator. Change orders will be allowed only for the following reasons; a. To rectify hidden deficiencies that are discovered once the work has begun; b. To change a specification due to unforeseen difficulties arising after work has begun; c. To address a deficiency that was inadvertently dropped from the project during project packaging; d. To approve changes in the contract time period. 15 13. TERMINATION OF CONTRACT: A contractor's contract can be terminated under the following procedures. a. Poor work performance on the job site and the demonstrated inability to rectify the poor workmanship. The cost of repairing poor workmanship and the higher costs of awarding the bid to the next lowest bidder shall be deducted from any amount owed to the initial contractor for work completed. In all cases the contractor shall be given the opportunity to rectify the problem before removal procedures are instituted. The Rehab Advisor shall institute the following procedures when negotiating a workmanship problem: 1. Shall set up a meeting at the job site with the contractor and homeowner to attempt to come to a consensus. 2. Shall contact the contractor the second time by certified mail notifying the contractor that the workmanship is still poor and specifying the areas that need to be addressed to satisfy the contract, giving the contractor a fifteen (15) day time limit in which to make the required repairs. b. Causing undue damages to a homeowner's property and the inability or unwillingness to correct the damages. The cost of repairing damages will be deducted from any money owed the contractor for work already completed. c. The inability of the contractor to perform the work within the allotted time; d. Unreconcilable and unresolvable differences between the contractor and the homeowner; e. Contractors who are removed from a contract shall be removed from the Contractors List and chall be prohibited from being awarded any contract with CARVER COUNTY HRA. LOAN PACKAGES 1. LOAN FILES: CCHRA, as the Field Administrator, shall maintain files on each property owner throughout the duration of the program. Each property owner's file shall include the following: a. Work Progression Chart: This form allows easy monitoring of the file and enables those working with it to see at a glance,just what stage the project is at. This form will be attached to the inside cover of the file; b. SCDP Loan Application: This form will provide information relating to property income and cash flow, property owner affordability, and monthly expenses. The form will also provide data on the property to be improved as well as other pertinent lending data as required by the MHFA Home Loan Program and CCHRA. Verification of all income/assets, as well as a copy of the property owners most recent property tax statement shall be attached to the application. Proof of property ownership (Warranty Deed, Torrens, Recorded Contract for Deed, recorded Life Estate, etc.) and current property owner's insurance must also accompany the application. The lead paint warning will be included at the bottom of this form and will be signed by the property owner attesting that they have read and understand the dangers associated with lead based paint. All tenant information shall also be collected including tenant income, tenant rent, and 16 lease terms. The lead paint warning shall also be included, reviewed and signed by the tenant. c. Third Party Income Verification: This form provides third party verification of an applicants income. These forms shall be signed by a representative from the source of income; d. Property Inspection Form: The Inspection Report shall be prepared by the Field Inspector. The Inspector Report is designed to include a specific account of the condition of the property and all corrective actions necessary; e. SHPO Response: A letter from SHPO indicates their approval or requirements for the project; f. Scope of Work: The Scope of Work is the contract between the property owner and contractor and specifies the exact work which will be performed at the eligible property; g. Mortgage and Repayment Agreement: This form is the legal mechanism by which a Lien is placed against the improved property until the loan is repaid or forgiven and establishes and records the City's loan to the property owner in conjunction with the reduced loan portion of the SCDP project. h. Close-Out Packet: A letter is sent to the property owner informing them of completion and contains copies of the Repayment Agreement,and Completion Certificates. i. Tenant Profile and Income; A form documenting tenant family profile, income and pre- existing rents will be in each file. The tenant profile will document name, age, and gender of each resident and include the source(s)of income for each resident. j. Rental Property Agreement: A copy of the lease agreement between the tenant and landlord, outlining terms of lease. Must include rent paid, including utilities, and length of lease. k. Davis Bacon Documentation: Copies of all Davis Bacon Labor Standards documentation,monitoring reports,and correspondence must be in each project file. 1. Other Pertinent Information: Other information important to the approval and completion of the project. LOAN REPAYMENT&PROGRAM INCOME 1. REPAYMENT PROCEDURES: a. Deferred Loans; The deferred loans shall be forgiven 1/7% per year. When a property is sold or ceases to be utilized as residential units then the remaining loan principal is due. The repayment will be repaid directly to City of Shakopee, which will place the funds in a special account. The loan funds will be repaid from the purchase funds when an improved property is sold. 2. PROGRAM INCOME: City of Shakopee will use the repaid funds during the active phase of the project to rehabilitate eligible rental units in the same manner as detailed above. After 17 project close-out the City will use repaid funds to help address the future housing needs within City of Shakopee in the exact same manner as outlined in the preceding procedures. DENIAL/COMPLIANT/APPEALS PROCEDURES 1. APPLICANT DENIAL PROCEDURE: If a household's application is denied for any reason, a letter of denial will be sent to the household within 10 working days. The denial letter will clearly outline the reason for denial and provide a copy of the appeals procedure. 2. APPLICANT COMPLAINT PROCEDURE: When an applicant has a concern about the management of his/her file or the level of assistance awarded, said concern should be relayed to CCHRA's field administrator. The concern and response/solution to the concern should be documented in the applicant's file. 3. APPLICANT APPEAL PROCEDURE: If a household is dissatisfied with the level of assistance they have received, and where an applicant complaint cannot be resolved by CCHRA, CCHRA will notify the applicant in writing that a written procedure for appeal is available. The appeals procedure is as follows: a. The applicant who wishes to make an appeal must submit such an appeal in writing to the Carver County HRA. The appeal must specifically state the complaint and how the applicant wishes the complaint to be resolved. b. The complaint will be presented to the City of Shakopee at the next scheduled meeting. The CCHRA will notify the applicant of this date. If the applicant wishes to be present at the meeting,the applicant must notify the CCHRA in writing prior to the meeting. c. The Shakopee City Council will notify the applicant of its decision regarding the appeal. Notification will be in writing and must be made within 1 week of the decision. d. All appeals should be addressed to: Appeals Carver County Housing&Redevelopment Authority Attn: Julie Frick 500 N. Pine St,Suite#204 Chaska,MN 55318 e. After an appeal action has been initiated CCHRA will send the following information to the Minnesota Department of Trade and Economic Development(DTED): 1) A copy of the written complaint and request for satisfaction under the appeals process. 2) A copy of all correspondence between CCHRA and the appealing client concerning the appeal disposition. 3) The final appeal disposition. 18 AMENDMENTS/DIRECTIVES 1. These procedural guidelines may be amended or supplemented from time to time by City of Shakopee by issuance of revised pages to be effective on the date of issue. All amendments to the guidelines must be approved by DTED. Adopted by the Shakopee City Council this day of 2000. By: Attest: 19 Small Cities Development Program Policies and Procedures For the City of Shakopee Commercial Rehabilitation Program TABLE OF CONTENTS A. PURPOSE 2 B. DATA PRIVACY 2 C. FAIR HOUSING/EQUAL OPPORTUNITY 2 D. CONFLICT OF INTEREST 3 E. DEFINITIONS 4 F. ELIGIBLE PROPERTIES 4 G. ELIGIBLE IMPROVEMENT 5 H. ELIGIBLE APPLICANTS 6 I. COMMERCIAL REHABILITATION LOANS (GENERAL PROPERTY REHABILITATION AND IMPROVEMENTS) 6 J. MARKETING 7 K. APPLICATION INTAKE 7 L. PROPERTY INSPECTIONS 8 M. CONTRACTING REQUIREMENTS 9 N. PARTICIPATION BY LENDING INSTITUTIONS 9 O. COMPLAINT AND APPEAL PROCEDURES 10 P. ASBESTOS 11 Q. OTHER PROGRAM CONSIDERATIONS 11 R. AMENDMENT PROCESS FOR POLICIES 11 SHAKOPEE COMMERCIAL(11/99) 1 CITY OF SHAKOPEE COMMERCIAL REHABILITATION PROGRAM 1 COMMERCIAL REHABILITATION PROGRAM POLICIES AND PROCEDURES A. PURPOSE The purpose of the City of Shakopee Commercial Rehabilitation Program is to provide the financial incentive for property owners and tenants to bring their properties up to desirable community standards thereby eliminating slum and blight conditions, preserving the tax base of the community and enhancing the overall economic viability of the City's primary commercial district. Participants in the Commercial Rehabilitation Program may use program funds to make energy and any code-related improvements to their buildings, to make handicapped accessibility improvements, and to make improvements to the exterior of the building. To the greatest extent feasible, economic opportunities will be given to residents and businesses located in the specified target area. B. DATA PRIVACY Information on program applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, income and income sources, assets and asset sources, and financial reports will not be released without prior,written consent of the applicant as specified by the ACT. The Data Release Form will inform the applicant of what information will be released and to whom. Information will only be gathered and released for solely administrative purposes such as eligibility determination,administrative review,coordination and securing of leverage funds. Private information may be released to the following agencies or organizations: City Council, Carver County HRA,Minnesota Housing Finance Agency,FmHA, Lending Institutions,MN DTED and HUD. C. FAIR HOUSING/EQUAL OPPORTUNITY It is the policy of the City of Shakopee to work to further fair housing opportunities in our programs and to administer our housing programs in a way that all residents of similar incomes have equal access to programs regardless of race, color, creed,religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. No person or business will be denied services, contracts for project services, or access to SHAKOPEE COMMERCIAL(11/99) 2 program information and materials due to race, color, creed, national origin,religion, g n, se x, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. There will be no discrimination of persons in the administration of the Owner Occupied Housing Rehabilitation Program. It is the policy of the City of Shakopee that marketing efforts will be such that no potentially eligible applicants or providers of services are excluded from participating. Affirmative marketing will included efforts to reach people have traditionally not participated in similar programs or have not been aware of available assistance. This includes,but is not limited to single heads of households, people of color or people with disabilities. D. CONFLICT OF INTEREST: • General Conditions: No member of the governing body of the locality and no official, employee, or agent of the local government, Carver County HIRA or the City of Shakopee who exercises policy, decision-making function or responsibilities in connection with the planning and implementation of the Owner-Occupied Housing Rehab Program shall directly or indirectly benefit from this program. This prohibition shall continue for one year after an individual's relationship with the City of Shakopee or Carver County HRA ends. • Program participation: No member of the governing body of the locality of the City, no official, employee, or agent of the local unit of government, Carver County HRA or the City of Shakopee, as defined above, shall accrue direct or indirect program benefits. • Contractual Relationships: No member of the governing body of the City, no official, employee, or agent of the City of Shakopee, or Carver County BRA, as defined above, shall obtain direct or indirect interest in any contract, subcontract,or agreement in any activity in this program that provides financial compensation for services. • Prohibition Extensions: This prohibition extends to contracts or direct benefits in which a spouse,minor child or business partner may have personal or financial interest. ♦ Determination of Conflict of Interest: When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. That Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CFR 570, Uniform Administration Requirements and State Statues 412.311 or 471-87 through 471.89. Upon determination that a conflict exists, a disclosure and description of the nature of the conflict must be made public and together with the Attorney's Opinion shall be forwarded to DTED Staff. At DTED's discretion,this may be forwarded to the Minnesota Attorney General for the State's Legal Opinion. SHAKOPEE COMMERCIAL(11/99) 3 E. DEFINITIONS • Standard. A standard property is one that has slight or no defects and meets applicable adopted codes and standards. Minor repairs may be corrected through regular, normal and routine maintenance. • Substandard. More than routine maintenance is needed to bring the property into standard condition. Defects are generally associated with the structural integrity or mechanical systems and generally a combination of deficiencies exist that require replacement of extensive repair. Substandard is defined as not meeting the Uniform Building Code adopted by the City of Shakopee and unable to be modified at 15 percent of the cost of constructing a new building of the same square footage and type. ♦ Suitable for Rehabilitation. Generally, this means that the financial assistance provided by the Commercial Loan Program to the project will not be in excess of 75 percent of market value of the property after rehabilitation as determined by the County Assessor. However, suitability will be determined on a case by case basis in consultation with the Carver County HRA (CCHRA) Rehabilitation Inspector, and the City of Shakopee. • Dilapidated. Exterior conditions of dilapidated buildings suggest situations that may pose health and safety problems for occupants and customers. Dilapidated buildings will have several major defects that require replacement. Typically the cost of improving a dilapidated building to local standards will be comparatively higher than the cost of new construction of similar material and scale. Such decisions will be resolved based upon established codes, rehabilitation standards, and current staff expertise. F. ELIGIBLE PROPERTIES Shakopee Commercial Rehabilitation Program funds may be used to improve properties that meet the following criteria: 1. The Property to be improved must be located within the Target Area as presented on the map included with these policy statements. 2. The property must be a commercial structure or a mixed-use structure that is used primarily for commercial purposes. 3. The property must be determined to be feasible for rehabilitation as defined in the program statement. Generally, this means that the financial assistance provided by the Commercial Loan Program generally should not exceed 50% of the local assessor's estimated valuation of the property upon completion of the rehabilitation. SHAKOPEE COMMERCIAL(11/99) 4 4. Improvements made to the property with Shakopee Small Cities Commercial Funds must be consistent with program guidelines, the characteristics of the area and preservation or historically sensitive enhancement of the original building character. 5. The building must be determined to be substandard in order to receive Shakopee Commercial Rehabilitation proceeds. 6. Priority will be given to owner-occupied structures or those where leases are in place and the owner agrees to the improvements. Vacant buildings may be considered for rehabilitation where other criteria are satisfied and where the need for priority rehabilitation has been met. 7. The property owner/manager shall complete the Tenant Assistance Record for each commercial unit to be rehabbed. The form contains general information about the number of occupants, their incomes, pre and post-rehab rents, etc. This form will be furnished to the property owner/manager by the HRA. 8. If tenants are not to be displaced,the property owner/manager must notify each tenant that they will not be displaced. A copy of what needs to be mentioned in the letter will be furnished by the HRA. This general information notice shall be personally served or sent by certified mail, return receipt requested. If any new tenants move into a unit to be rehabilitated before the completion of construction, the property owner/manager must notify them as well with the general information notice. 9. If tenants are to be displaced,they need to be notified by the property owner/manager that they are eligible for relocation payments and assistance. A copy of what needs to be mentioned in the letter will be furnished by the HRA. This general information notice shall be personally served or sent by certified mail, return receipt requested. If any new tenants move into a unit to be rehabilitated before the completion of construction, the property owner/manager must notify them as well with the general information notice. The property owner/manager will then follow through with relocation assistance and help the tenants complete there move and receive proper relocation payments. The property owner/manager needs to keep the tenant assistance record up to date. G. ELIGIBLE IMPROVEMENTS Improvements made with project funds shall comply with the following guidelines: 1. SCDP loan funds will be limited to exterior improvements and/or code violation corrections necessary to prevent or eliminate blighting influences in the area as determined by the Rehabilitation Inspector based on the noted definition of substandard conditions. SHAKOPEE COMMERCIAL(11/99) 5 2. All improvements made to buildings should be in compliance with all applicable health, fire prevention, building, housing and energy codes. 3. Health and safety needs and concerns will always be considered the top priority for using SCDP funds, including providing handicapped access with a sloped walk to the entrance rather than steps and a door. 4. SCDP proceeds may not be used for the purpose of refinancing or paying off existing debts; assessments for public improvements, working capital needs or inventory enhancement. Funds may be used only for building improvements that will prevent or alleviate blight. 5. Where the Minnesota Historical society determines that a structure is historically significant, plans for exterior improvements must be approved by that agency and/or the Scott County Historical Society, as well as meeting the Facade Design Guidelines. 6. As a condition of obtaining SCDP funds, the City of Shakopee and the Scott County Historical Society may recommend specific improvements that are consistent with the overall design for downtown. H. ELIGIBLE APPLICANTS Any building owner or tenant (with owner's consent) in the target area may apply for SCDP assistance. All individuals with an ownership interest in the structure being considered for rehabilitation must be party to the application and loan documents, upon approval. L COMMERCIAL REHABILITATION LOANS(GENERAL PROPERTY REHABILITATION AND IMPROVEMENT) The Commercial Rehabilitation Program will be available to eligible applicants on a first- come, first-served basis. Determination of project appropriateness and conformance with program standards and requirements will be determined by CCHRA. SCDP funds will be used according to the following priorities, if necessary: 1) To stabilize the building, 2) Code compliance related improvements, 3) To enhance energy efficiency, and 4) To address requirements of the Americans with Disabilities Act, 5) Exterior improvements determined necessary to correct defects. Proceeds from loan repayments will be used to further the revolving loan fund and provide for rehabilitation assistance on an on-going basis. All projects with total costs in excess of$2000 must comply with Davis Bacon and other labor standards provisions. Prevailing wages must be paid to all construction employees. The following types of assistance will be available: 1. Under the Commercial Rehabilitation Program,the Maximum City loan amounts will not exceed $25,000, or 50 percent of total project cost, whichever is less. If 50% of the project cost exceed $25,000, the property owner must finance the additional SHAKOPEE COMMERCIAL(11/99) 6 costs, thus financing over 50% of the SCDP. Funds may be matched by owner equity, commercial financing,Main Street Loan Pool or EDA Revolving Loan funds. 2. Any construction funds used to add to the area of the building will be considered toward the private financing match. 3. Each applicant will be required to show evidence of matching financing prior to closing on the loan. The matching funds will be placed into an escrow account for disbursement to a contractor and/or material supplier so as to be assured that the funds will be devoted to the benefit of the borrower for the purposed provided in the Program. 4. All SCDP loans shall be secured with a Repayment Agreement that stipulates the deferred loan will be forgiven on a sliding scale over a seven-year period if the property owner does not sell the property. 5. These policies permit modification and amendment. If the policies are amended, existing agreements will be examined and modified to reflect program changes. J. MARKETING Outreach will include the following: • Press releases to both local print and broadcast media advertising the availability of Commercial Rehabilitation dollars. • Make direct mailings of program information to the property owners in the Commercial Target area. • Develop brochures and posters to display in prominent locations in the target areas. • One on one personal meetings with the city and property owners. • Assurance of affirmative marketing by compliance with Affirmative Action and Equal Opportunity Laws when soliciting applicants. K. APPLICATION INTAKE Applications will be received on a first-come, first-served basis. The CCHRA will review the application documents for program eligibility. Careful consideration will be given to the degree of rehabilitation necessary to bring the building in compliance with the Rehabilitation Standards. Total rehabilitation costs generally should not exceed 50% of the local assessor's estimated valuation of the property upon completion of the rehabilitation. The exception to this rule is as follows: SHAKOPEE COMMERCIAL(11/99) 7 • When it is determined that a building involves improvements over and above normal improvements that are necessary to correct a serious existing health and/or safety condition(s). Applicants are advised that they must notify tenants in writing of their intention to make improvements to the building, that improvements will not cause displacement and that efforts will be made to minimize disruption wherever possible. L. PROPERTY INSPECTIONS The primary focus of this rehabilitation program is to eliminate health, safety, energy, and structural deficiencies in the dwelling units within the target area. In all cases those types of deficiencies will be addressed before any other improvement can be considered. There will be no work funded through the SCDP for strictly cosmetic purposes. Once the applicant has been accepted for assistance,the building will be inspected to determine whether additional code work is required and to assure that specifications for work proposed will conform to standards and building codes. Upon completion of the inspection,the applicant will be given a write-up of work necessary to bring the building into compliance. The owner will be required to secure at least two bids for the project and submit them to the CCHRA for review. The CCHRA will make the final determination as to which improvements qualify for SCDP monies. Properties located within the 100-year floodplain are not eligible for the Small Cities Development Program. Each applicant file will contain a form from the City's Planning Department stating that the property is not located in the 100-year floodplain. Accepted properties must comply with environmental requirements, especially those applicable to State Historic Preservation Office review. The following procedures will apply: • All properties erected before 1945 will be reviewed by the Minnesota Historical Society to determine if the structure is historically significant before any rehabilitation may occur. • After the initial property inspection has been completed by the CCHRA or Building Inspector the following information will be submitted to the State Historic Preservation Officer(SHPO): - A summary of the work to be undertaken at the property; - Photographs of the structure; - Property description; - Any other information requested by the SHPO. Any changes in the scope of the project requested by the SHPO will be made to the maximum extent feasible. SHAKOPEE COMMERCIAL(11/99) 8 M. CONTRACTING REQUIREMENTS CCHRA staff will prepare a list of all contractors expressing an interest in participating in the program. Participants may select contractors from this list or may request bids from a contractor of their choice. Contractors must be licensed and show evidence of appropriate insurance. Contractors will be expected to participate in a pre-construction conference prior to receiving their notice to proceed. • The contract for rehabilitation work will be between the property owner/manager and the contractor. The property owner/manage is responsible for selecting the contractor. The program will provide a standard contract. • The property owner, taking into consideration the comparison to the cost estimating done by the CCHRA Rehab Advisor will select the contractor. The Rehab Advisor after initial inspection of the property will draw up a cost estimate on the approved repairs. This cost estimating will assist the property owner/manager in comparison shopping when contractor bids start to come in and/or if only one bid is submitted on the property. A sole bid may be approved if it meets the cost reasonableness test based on the cost estimate. • All Federal labor standards provisions, including HUD 4010 and wage decisions are to be included in all bid specifications. Program staff will assist in preparing specifications/work write-ups and bid documents and will review the submissions to assure that they are responsible and responsive. Contractors will also have to address equal employment opportunity and Section 3 requirements governing the expenditure of SCDP funds. • Change orders must be in writing and require review by the building owner, contractor and CCHRA Rehab Advisor,prior to proceeding. • Interim inspections will be scheduled by the CCHRA Rehab Advisor to monitor work progress, and labor interviews will be made at appropriate times in the process. Final and interim payments will be made upon satisfactory completion of work. Final inspections must be made to certify satisfactory completion and all labor requirements satisfied prior to payout of retainage. Lien waivers are a condition of payment and IC 134s must be completed prior to final payment. • The City and CCHRA will act only as mediators in finding satisfactory solutions to anydisputes between owners and p contractors. Neither the CCHRA nor the City will be party to construction contracts. N. PARTICIPATION BY LENDING INSTITUTIONS Individual case files will be maintained for each loan applicant. Within each file will be documentation recorded with the County Recorder, required information and any accessory information. Each file shall minimally include the following: • Application for rehabilitation loan assistance including a copy of the most recent property tax statement. SHAKOPEE COMMERCIAL(11/99) 9 • Property inspection report prepared by the CCHRA, the City's building official and/or architects/contractors responsible for preparing bid specifications. • Copies of Requests for Bids • Copies of work write-ups and specifications done by the Rehab Advisor included as part of the request for bids, • Copies of all bids received and statements of consideration of prevailing wages in preparation of bids. • Property owner/contractor contract and subsequently, any change orders. • Notice to Proceed • Completion Certificate • Loan closing documents and repayment agreement. • Lien waivers • IC 134s-Withholding Compliance • Labor Standards documentation including the request for wage determination, the wage determination, notice of contract award, weekly payrolls, record of interviews, final compliance report and other information covered in the mandatory pre- construction conference. In addition to required information, project files will include correspondence and communication between financial institutions, contractors,the city and other parties. O. COMPLAINT AND APPEAL PROCEDURES Complaints and/or appeals concerning administration of the Shakopee Commercial Rehabilitation Program shall be presented in writing and addressed to the Carver County HRA 500 Pine St Suite 204 Chaska MN 55318. A written response will be given to the complainant within 15 working days. If the complainant is not satisfied with the CCHRA response, a written appeal may be made to the City of Shakopee's EDA Director Paul Snook, who also will respond within 15 working days. If the applicant is not satisfied with the response, The Shakopee City Council will hear discussion concerning the complaint at its next regularly scheduled meeting, or the next meeting thereafter if there is insufficient time to include the item on the Council's agenda. A response in writing will be made within 10 working days of the Council hearing on the matter. SHAKOPEE COMIviERCIAL(11/99) 10 P. ASBESTOS Inspections for asbestos must be completed by a licensed asbestos inspector prior to rehabilitation. Contractors conducting asbestos related work must be licensed and follow safe work practices associated with this type of work. Removal or disturbance of asbestos-containing material from commercial or residential buildings is regulated by the Minnesota Department of Health. Q. OTHER PROGRAM CONSIDERATIONS Participants in the Old Town Commercial Rehabilitation Program agree to comply with other program considerations including provision against the use of lead based paint, equal employment opportunity, fair housing, the Americans with Disabilities Act and data privacy to the extent feasible. R AMENDMENT PROCESS FOR POLICIES Program policies presented in these guidelines have been approved by the Economic Development Authority, Shakopee City Council and the Department of Trade and Economic Development Small Cities Development Program. Substantive changes to these policies and procedures will be approved by the City and DTED and will be effective following the date of approval. Adopted by the City of Shakopee this day of , 2000. BY: ATTEST: SHAKOPEE COMMERCIAL(11/99) 11 August 8, 2000 F' 11, Jim Thomson, Attorney Kennedy and Graven 470 Pillsbury Center 200 Sixth Street Minneapolis, MN 55402 by fax (612-337-9310) and U.S . Mail RE: Acquisition of Property as Site for Watertower (Watertank) and Wells Dear Mr. Thomson: At their meeting the evening of 7/24/00, the Utilities Commission directed staff to enter into condemnation for the property identified as site #5 in the Schoell and Madson letter of 7/21/00, for a site for Watertower and Water Supply Wells . The legal description of that site is : Lot 4 , Block 3 , Dominion Hills 2nd Addition, Shakopee The street address of the lot is : 2065 Dominion Ave, Shakopee Mn 55379 The Commission tried without success to find a willing seller. They feel the public interest makes it necessary to proceed without delay. As for procedure: while the Commission has requested City Council to acquire certain properties in past years, we have been advised that other Commissions have acted on their own behalf in eminent domain proceedings. So the Commission directed staff to initiate eminent domain process in the Commission' s name, and then staff can discuss with the Attorney and City Administrator whether it would be beneficial for City Council to be added to the petition - assuming the Council is willing to be added, and that additional level won't just cause extra work and delay for everyone. The benefit I would see is that the matter will be acknowledged as being in the City' s interest , but the Commission will still bear the responsibility of pursuing the matter. Please accept this letter as request and authorization to begin the eminent domain action on the behalf of the Shakopee Public Utilities Commission, to acquire the property identified above. The Commission is concerned that any time delay might allow encumbrances to be placed on the property for the sole purpose of delaying the project or imposing additional limitations on the use of the land, so we would askou toproceed with the legal Y g filingas soon as possible. Our engineer feels we need to acquire this site by December 2000, so the Commission is concerned about time. Can the decision on whether or not to "quick take" the property be made at a later date or is that necessary now? A copy of Schoell and Madson' s 8/4/00 letter is included with this fax. Other letters dated 3/3/00, 7/7/00, and 7/21/00, and the report "First High Elevation Service District Water Storage Tank Study - March 2000" will be sent by mail . Obviously you are authorized to have any information you need on this from our engineer, Schoell and Madson, or anyone else involved with the Shakopee Utilities Commission; and to arrange for appraisals etc . with whatever parties as you see the need. The contact at Schoell and Madson is Ken Adolf, 612-546-7601 . One last item to mention, is that the attorney for Aarbor Homes, the owner of the lot in question and other lots in the area, was present at last night ' s Commission meeting to voice objection. The Attorney is Dan Schleck (spelling? ) of Winthrop and Weins (spelling? ) , phone number 612-347-0617 . When Mr. Schleck noted that the owners planned to attend the August 8 Council meeting, he was advised that the matter would not be on the August 8 Council Agenda, but would probably be on August 15 . Sincerely yours, Louis Van Hout Utilities Manager Shakopee Public Utilities Commission c.c. Mark McNeill Schoell & Madson , Inc. Engineering • Surveying • Planning _o_ Soil Testing • Environmental Services 10580 Wayzata Blvd., Suite 1 Minneapolis, MN 55305-1525 Office (952) 546-7601 Fax (952) 546-9065 www.schoellmadson.com August 4, 2000 Shakopee Public Utilities Commission do Mr. Lou Van Hout,Utilities Manager 1030 East Fourth Street Shakopee,MN 55379 Subject I-HES District Water Storage Tank Site Ladies and Gentlemen: The purpose of this letter is two-fold. First it will document the discussion at the July 24th Commission meeting that led up to the Commission's selection of Site 5 and authorization to proceed with condemnation. Second, it will provide information regarding the schedule for when the tank is required and for construction. Tank Site Our July 21, 2000 indicated that Maggie Klein was told by the property owner that the Site 5 had been sold for home construction. As a result, I excluded this site from the analysis and recommendations in our letter. At the July 24, 2000 Commission meeting I stated that I had initially favored Site 5 and advantages of this site compared to the other sites which were discussed at the Commission meeting included the following: 1. Site 5 would have a separate watermain connection to the system as where as Sites 1, 2 and 3 would use the same watermain ultimately used by the proposed second tank on Wood Duck Trail. The concern is that a break in this main would result in loss of both tanks. Separation of tanks also provides for more uniform pressure throughout the system. 2. Site 5 is about 25 feet higher in ground elevation than Site 4 and is further south which provides increased protection from nitrate contamination. 3. Site 5 is not close to a farm yard with potenial for nitrate contamination from animal waste. X999CI OrdeMaJe Affirmative Action Equal Opportunity Employer SCHOELL & MADSON, INC. 4. Site 5 is a platted lot that does not have to be divided from a larger parcel. This site is larger that the minimum area required for the tank and two wells and therefore some buffer is provided. 5. The site is wooded which provides for partial screening of the tank. 6. This site is large enough so it could also be used as a neighborhood park. The disadvantages of Site 5 consist of the following: 1. Site 5 requires watermain construction to Valley View Road which is an added cost. Also,the tank would be about 25 feet taller than at Sites 1,2 or 3 which adds costs. 2. The site acquisition cost would likely be higher because the site is about 3 times larger than the minimum size required. Also, an easement for watermain to Valley View Road is required. Additional costs would result if house construction starts. Following is a tabulation of the estimated costs for the tank on Site 5 and related watermain connection. These costs are estimated on same basis as costs for Sites 3 and 4 in our July 21, 2000 report. Tank Construction $825,000 Watermain Construction 85,000 Tank Site and Easement Acquisition 130,000 Engineering Fees 110,000 Appraisal Fees 10,000 Legal Fees(based on condemnation of site) 25,000 Additional Legal Fees(based on appeal to jury trial) 25,000 TOTAL ESTIMATED PROJECT COST $1,210,000 The above does not include fiscal or administrative cost which SPUC may wish to add. The wells and pumphouse are considered a separate project and are not included. The cost of the additional watermain to connect to the Site 5 tank,which is not in the long range plan, is $85,000. However, this watermain would also provide the connection from the wells to the system. The estimated additional cost of the tank and site for Site 5 compared to Site 3 is $87,000. Attached is a map showing the well sites. We have added Sites 6A and 7. These are proposed as possible alternatives to Site 5 should acquisition of Site 5 be not feasible. Site 6A is located immediately east of Site 5. The future alignment of Dominion Avenue would need to be determined to identify the exact site boundary. Site 7 is located immediately south of Site 5 on a platted lot. This lot contains wetlands and some study would be required to confirm that adequate area would be available for both the tank and wells. SCHOELL & MADSON, INC. Schedule Currently the I-HES District is supplied by the booster pumps in Pumphouse 9 which draw water from the normal elevation(NES.) District and increase the pressure as required to service the higher elevations in the I-HES District. These pumps have an electrical generator for emergency power supply. The Health Department guidelines in general consider booster pumps with emergency power supply pumping from an adequate water supply to br equivalent to elevated storage. Therefore, elevated storage is not required in the short term to comply with Health Department guidelines. The critical component of the I-HES water system at this time is the booster pump capacity. The booster capacity must be adequate to meet normal consumer demands and fire flow demands. It should be noted that the lower elevation areas in the I-HES District can obtain fire flow the NES District system pressure. As hydropneumatic tanks only provide about 5000 gallons of storage,the pumps must provide for peak hourly demand as compared to peak daily demand for a system with elevated storage. Peak hourly demand is higher than the average of the peak day demand. No specific data is available for peak hourly demand in Shakopee. Published information states peak hourly demand is 3 to 8 times average day demand. For this analysis,we will use a 7 peak factor. The capacity of the two booster pumps is 1000 gallons per minute (gpm) at system pressure of 60 psi for each pump or a total of 2000 gpm. This pumping rate increases as the system pressure decreases. For example, at 50 psi system pressure the total total pumping capacity is about 2400 gpm. Following are the calculations for current water use and also for water use when all existing lots and development proposals in process are connected to I-HES District water systems. Single family use is based on 2.8 persons per household and 80 gpcd or 224 gpd per lot. Commercial use is based on meter readings for existing customers and equivalent customers for new users. Estimated Current Water Use Single Family 253 existing connections x224 gpd/lot = 56,672 gpd Commercial (meter readings) = 35.907 Total Current Average Day Use = 92,579 gpd Estimated Near Future Increases Single Family 244 platted lots x 224 gpd/lot = 54,646 gpd 142 proposed lots (Ames)x 224 gpd/lot = 31,808 Commercial (Estimate provided by Jerry Fox) = 61.623 Total Future Increase - Average Day Use = 148,087 gpd Total Current and Future- Average Day Use 240,666 gpd SCHOELL & MADSON, INC. Estimated Peak Hourly Flow Based on 7.0 peak factors Current - 92,579 gpd x7.0 = 450 gpm 1440 min./day Current Plus Future - 240,666 x 7.0 = 1170 gpm 1440 min./day Based on the above calculations and a 2000 gpm booster pump capacity, 1550 gpm would currently be available for fire flow during peak hour demand. This reduces to 830 gpm after all the connections included in the above estimate are made. The 830 gpm fire flow is not adequate. Typical fire flow requirements are 1000 to 1500 gpm for single family and 2000 to 3000 gpm for commercial. The above available flows for fire demand are based in fire demand occurring during peak hourly flow or in other words,two extreme events occurring simultaneously. There is safety factor in that this would not likely occur. Also, fire flows to the commercial areas which are at the lower elevation in I-HES District can be provided by the NES District storage without need for booster pumps. All of the commercial connections are anticipated by June 2002. There are 386 future single family residential connections included above. The 253 existing single family connections have been made over about four years for an average of 63 per year. At this rate it would take about 6 years to absorb the balance of the single family lots. Assuming half of the connections occur in the next year,which is very conservative,the peak hour use next summer would be 810 gpm. Given the safety factors discussed above, elevated storage is not required for 2001. We do recommend that elevated storage be available for the summer peak season in 2002. Having an elevated tank operational by June 1, 2002 as recommended is a very realistic schedule. Elevated tanks typically require a minimum of 12 months after the award of contract for the steel fabrication, foundation construction, steel erection and painting. As the painting can not be done the winter, the project completion date must be during the warm weather season. Following is a proposed schedule based on the above: Tank site acquisition Aug. to Dec. 2000 Preparation of plans and specifications Dec. to Jan. 2000 Bidding and Award Feb. to Mar. 2000 Tank Construction Late summer 2001 to Spring 2002 Watermain Construction Summer 2001 Tank painting Spring 2002 Tank operational June 1, 2002 The above schedule provides the balance of the year for tank site acquisition. It is necessary to gain access to the site for soil borings before the plans and specifications can be completed. Typically, even after the condemnation process is initiated, the City attemps to negotiate with the property owner to purchase the site. The above schedule allows some time flexibility to do this. SCHOELL & MADSON, INC. The proposed tank capacity would be in the range of 250,000 to 500,000 gallons. There is some flexibility as this would be the first of two tanks. The capacity would be established prior to start of plan preparation. One of the most significant factors in determining capacity is the annexation of Jackson Township area into the city. If a significant area is annexed, growth in the I-HES District would likely expand more westward. If none is annexed, the growth would likely occur more southward. The latter would result in the water system extending south making the second tank on Wood Duck Trail feasible sooner. This would allow the first tank to be smaller. The proposed wells on the tank site will pump directly into the I-HES District system. This will provide additional pumping capacity and remove the capacity limitations of the booster pumps. I will be available at the August 7th Commission meeting to present this information and answer questions. Very Truly Yours, SCHOELL &MADSON, INC. 44'1 Kenneth Adolf a. i "�"^"`°'••• I ACHIM NOLLV0Ol 1 0°z�'"M nw dHW ,. a.r NOISSIWWO�S31111LLf1 Ill. NOaLIS '''''''''.1--""”1":1"1:" m..,.^q— '' — HNV1110RI1SIa 301AIES :�',. '�.'°` NOI1VA313 HOIH 1S21Id Onena 03 831115 311S nu, \ '7N1'NOSOVN P T30H3S I u3Mna 11.3113 g—.- 1z I 7 k,•‘.1'-'''''') / 1 )J ! i 1 i F,} 4. 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A RESOLUTION CONCURRING WITH THE SHAKOPEE PUBLIC UTILITIES COMMISSION DECISION TO CONDEMN REAL PROPERTY AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN WHEREAS, on July 24, 2000 the Shakopee Public Utilities Commission directed staff to enter into eminent domain proceedings to acquire property for an elevated water tank and related facilities; and WHEREAS, the Shakopee Public Utilities Commission has determined that the best location for the elevated water tank and related facilities is the property legally described as Lot 4,Block 3, Dominion Hills Second Addition("Property"); and WHEREAS, the Shakopee Public Utilities Commission has requested that the City Council concur in the acquisition of the Property by eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. The City Council ratifies and concurs in the decision of the Shakopee Public Utilities Commission to acquire the Property for an elevated water tank and related facilities. 2. The Shakopee Public Utilities Commission is authorized to acquire the Property in the name of the City of Shakopee by and through its Public Utilities Commission. 3. The Shakopee Public Utilities Commission is authorized to acquire the Property by the use of all of the City's eminent domain authority, including but not limited to any and all authority granted to the City pursuant to Minnesota Statutes, Sections 412.211 and 412.321 et. seq. and Minnesota Statutes, Chapters 117 and 444. 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: HT-184679v1 SH240-7 From:Thomas Feehan To:Mayor Jon Brekke Date:8114/00 Time:5:11:34 PM Page of 2 ,aiF11 , K arbor . • . i • •mes. •• . ›... . • ,,, . . • . u 3'c: A NON—REGISTERED ic4:: PROFESSIONAL HOME DESIGN AM)MAW SERVICE. ,AUG. 14; 2000 Mayor Jon Brekke • • City Of Shakopee • Dear Mr. Brekke: $ My name is Torn Feehan;my partner Lamont $teinwand at Aarbor Homes,Inc. own Lot 4 in Dominion Hills which is a new home development just south of 169 on 17. It has come to our attention via a realtor,and the newspaper that the city plans to { condemn this lot to erect a water tower. • We understand the need for a water tower however,as you might guess we believe the city should reconsider this choke. After a number of years in the planning Aarbor Homes,Inc. made arrangements;to take control of and complete this development and has invested a considerable amount of money in a new monument i • along with a$650,000.00 model home which is entered the fall parade of homes. We intended this to be a premier development for the city and Aarbor Homes,Inc. R and looked forward to providing the highest level of design and construction to meet this end. • se to discuss this further at your earliest convience: • (otZ - 610 - 8A-S� Tom Fee an Aarbor Homes,Inc. 612.985.5108 .l ► 1 City Facilities Statement Jon Brekke August 15.2000 I wish to suggest a plan of action with regard to City facilities. My purpose is to lay out a specific vision for the future and to bring some clarity to our discussions. First of all, let me say that it is very important that the heart of our local government stays in the heart of our city. The cultural,economic and social vitality of our city depends to a large extent on the vibrancy of our downtown area. The City Hall is an irreplaceable component of downtown vitality, and without it,the area would lose its status as the center of our City. The City Hall must stay downtown. Block 32 would be an excellent downtown location for a new City Hall. The location of the Library,is less about what is best for the downtown,and more about what is best for the Library and its customers. I encourage the Library Study Committee to consider the Community Center site as an alternative to the downtown locations.The accessibility and usability of the Library should be a significant part of this analysis. Based on my City Hall recommendation,the Block 32 option of the Committee would be tied up for the City Hall building. Therefore,the Committee may wish to have a new option in the Community Center site. The highest priority building replacement project for the City is the library, in my view,because it directly affects the greatest number of people in our City. And,this project should be financed within the context of the City's general levy. We cannot afford to leave such an important project for the people of our community up to the vagaries of referendum financing. We have been saving up for this library for years. It's time to build it with the funds we have saved. The second highest priority is the police station and public works facilities. I list these together,because of their current physical linkages. We should acquire land for the new police station and begin construction of a new facility. The current workspace for the police department is substandard and unsuitable. One option we would have would be to acquire the land on the east side of Gorman Street to serve as the new Police station site. itlimiiilligiroglimigwalinagewiiimow We should make a purchase move on this property immediately,because it will fit into the City's plans somehow,either as a SPUC site or as a Police Station. The Public Works building should be remodeled and expanded on its current site. I think we're all in agreement on that. We've also directed that$100,000 be placed in the budget for next year to cover immediate remodeling needs. This building is also substandard and unsuitable for the future needs of our Public Works Department. The third priority is a new location for City Hall. If this cannot be accomplished in the next 2 years,we should look at leasing space for the Engineering Department at a building in the downtown area. Long term,however,Block 32 would be an ideal location for the City Hall,and we should move to acquire that property immediately. What can't get lost in this entire discussion are the employees of the City of Shakopee. More than any other group, these people will be most affected by the leadership actions of the Council pertaining to City Facilities. We must strive to provide professional,accessible,attractive and efficient workspace for these valued employees. They should expect no less from us in this endeavor. Recommendations 1. Purchase 4.39 acres on east side of Gorman Street immediately. 2. Move to purchase vacant portions of Block 32. 3. Recommend to the Library Study Committee the analysis of the Community Center site as a potential site for the new library, in addition to the current site. 4. Investigate short-term leasing options for City Hall department space in the downtown area. 5. Fund all improvements within the context of the general levy. Do not fund the Library with Bond Referendum financing. Ask City staff and Bob Sweeney to investigate general financing options for all projects. 6. 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