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HomeMy WebLinkAbout09/02/1997 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting Tuesday, September 2, 1997 1. Roll Call at 7:00P.m 2. Approval of the agenda 3. Approval of August 5, 1997 minutes 4. Financial A.) Approval of Bills 5. Blocks 3 & 4 A.) Financial Update B.)Development Agreement 6. Downtown/ 1 st Avenue Ad Hoc Committee 7. Other Business: 8. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION AUGUST 5, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Steve Bubul, City Attorney. 1. Roll Call President Sweeney called the meeting to order at 7:01 P.M. Roll was taken as noted above. 2. Approval of Agenda Zorn/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of July 1. and July 8. 1997. Minutes Henderson/Link moved to approve the July 1, and July 8, 1997, minutes. Motion carried unanimously. 4. Financial a. Approval of Bills DuBois/Link moved to approve bills in the amount of$10.60 for the EDA General Fund and $1,376.30 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. a. Final Payment to Dulas Excavating For Blocks 3 and 4 Demolition Work Mr. Snook explained that the EDA had previously approved 95 percent of the Dulas contract and retained 5 percent for punch list items. The punch list has been completed and Dulas Excavating is requesting final payment of$7,282.90. Zorn/DuBois offered Resolution No. 97-7, A Resolution Accepting Work On The Demolition of Blocks 3 and 4, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 5, 1997 Shakopee Economic Development Authority Page -2- 5. b. Scott County HRA Presentation of Revised Financing Structure Mr. Bill Jaffa explained that the Scott County HRA was previously directed to meet with the development team and with staff to discuss the master lease tenant and the financing package, and that progress has been made in these areas. Kathy Aho, Springsted, approached the podium and said three modifications were reviewed. The first involves a $218,000 contribution made by the City previous to the project which remains unspent. By making the contribution LGA/HACA penalties under state law can be avoided. As a result, the $218,000 cash contribution reduces the $870,000 gross revenue bond, and puts the issue out for public placement rather than requesting a City investment. The second modification reduces project costs by deleting the flat roof, plaza, and skyway, but retains the brick on the second and third floors. Deletion of the brick is also a possibility. The third modification shifts maturities of taxable and tax exempt portions of the HRA redevelopment bonds for the retail component. The idea is to shorten the maturities of the taxable component and extend the maturities of the tax exempt portion. The amount of time the taxable bonds are outstanding is reduced, which means a lower annual debt service amount. A discussion ensued regarding the length of time the debt service for the retail portion would be covered. Ms. Aho explained that there is a four year period before the City would be liable for default. Mr. Dunbar, Project Director, explained the guarantee of the partnership of the master lease tenant. He explained that the first four years are covered. The letter of credit would always be one year ahead. This amounts to $215,000 each year during the first 10 years of the lease. The second 10 years amounts to $241,000 per year, and the final 10 years of the lease amounts to $253,000 per year. Mr. McNeill explained that the minimum the City would be required to contribute to the project is $50,000, to avoid HACA penalties. He said the scenario is based on contributing $218,000 which is the amount that was originally thought was needed to avoid HACA penalties. He said that the EDA must decide whether or not they wish to avoid HACA penalties. Bill Jaffa said the previously requested $6.1 million to guarantee bonds has been reduced to $5.3 million. In addition, the retail portion of the project has been refined. He said there has been considerable progress overall on the project, and that the studies indicate this will work, the economy is right, and they are ready to move forward. Official Proceedings of the August 5, 1997 Shakopee Economic Development Authority Page -3- A discussion ensued regarding the tax status on the land and who should be assessed. Mr. McNeill explained that the worst case scenario might be approximately $6,000 a year. He said Mr. Bubul feels this should be discussed with the Department of Revenue as he is not convinced the housing portion is taxable and the City may be able to get an exemption. In response to a question, Mr. Dunbar explained that at the end of the debt period, only the retail portion of the structure would be turned over to the master tenant. In response to a question as to his success, Steve Dombrowski, Suntide Realty Services, said he has great confidence that the project will work or he would not put his reputation on the line. President Sweeney asked if there was anyone present who wished to speak regarding this issue. Bill Wermerskirchen, 251 W 128th St., Bills Toggery, approached the podium and said he had been on various downtown redevelopment committees which have obtained goals. He said he believes the HRA project will retain residents nearby, add retail business, and keep the downtown area vital. Tom Ryan approached the podium and said he wanted something other than a park constructed. Jerry Wampach approached the podium and said while there would not be a tax base, he is clearly in favor of a park. He said of all the proposals, he has not seen one in favor of the City of Shakopee. John Perry approached the podium and said it is important to realize the risk of the downtown area in the future. He said downtown redevelopment would provide incentive for more renovation. He warned that if too much time passes and other development comes along, the opportunity is at risk. He encouraged the preservation of downtown and commerce to insure a future for downtown Shakopee. Ralph Olson, Lathrop Paint Supply, approached the podium and said one of the most difficult things to find in looking for a location is the center of a community. He said there is a Lathrop store in Shakopee because they consider the downtown area a shopping area. He said they may look elsewhere when the lease is up if something is not done downtown. Official Proceedings of the August 5, 1997 Shakopee Economic Development Authority Page -4- Will Schroers, Tole Bridge, approached the podium and said if a park is constructed with no trees, between a highway and a street, it will not be used. He said in order to keep the downtown area viable there.must be retail businesses. He said he is not in favor of any parks and would like to see the establishment of retail businesses. Henderson/Zorn moved to direct staff to proceed with finalizing a development agreement document with the Scott County HRA using Option No. 1 as a basis. A discussion ensued in which Comm. DuBois stated she was not satisfied with the amount of financial security by the master tenant for a project of this size. Comm. Zorn stated that further delay would show downtown erosion which may be beyond reasonable recovery. He said both the retail and housing market studies resulted in a positive outcome, and should a default occur, there is a 1 1/2 year period in which to address it. Comm. Henderson addressed risk, stating that the City is standing behind the HRA and pledging the bonds. He said that with a private developer there would be no building because he could not make money; and someone else would want more in return. Who rents the property and how much money the master tenant makes is not relevant. He said the HRA has proven that the space is rentable and has a tenant taking all 2,500 square feet. In response to giving back to the future, he said Shakopee has a central area and an identity. However, there are a number of buildings in disrepair because there is not a lot of faith that the downtown area will continue. He then asked the council to consider the risk and what that risk would be with anybody else. Comm.Link stated that it is not a good deal for the City. If the project fails, the tax payer pays. Comm. Sweeney stated that he has concerns regarding the level of risk. The options presented reduce the risk, not eliminate it. Towns envy Shakopee because of our financial position which we have gotten because of conservatism. He stated that he is concerned by the fact that Mr. Dombrowski would own the building with the retail portion after 27 years without basically no investment on his part. Sweeney/Henderson moved to amend the motion to take back $168,000 and to leave the $50,000 required in City funds (to avoid the LGA/HACA penalties). Motion carried 3-2 with Comm. DuBois and Link opposed. DuBois/Link moved to amend the motion to require the master tenant to provide an irrevocable letter of credit in the amount of$600,000 or $150,000 personally for each of four partners. 1 Official Proceedings of the August 5, 1997 Shakopee Economic Development Authority Page -5- A discussion ensued and Mr. Dombrowski stated that the amendment would be unreasonable and he would not accept it. Mr. Dunbar stated that the structure of the transaction was based on the risk verses the return on the investment. He said the master tenant is a proven investor and this has to be an economic agreement. The amended motion failed 3-2 with Comms. DuBois and Link in favor. The main motion as amended, to take back $168,000, to leave $50,000 of City funds committed to the project, and to direct staff to proceed with the HRA proposal, Option No. 1, carried 3-2 with Comms. DuBois and Link opposed. 6. Adjourn Henderson/Zorn moved to adjourn to Tuesday, August 19, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:38 P.M. )/2( Judith S. Cox iE.D.A. Secretary Esther TenEyck Recording Secretary L[ CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: August 28, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 08/15/97 to 08/28/97 . Action Requested Move to approve bills in the amount of $18, 484 . 61 for the EDA General Fund and $1, 288 .40 for the Blocks 3&4 Fund. E o 0 0 0 0 0 0 0 0 o II H 0 0 0 0 0 0 0 0 0 0 II O . . . II (j] 0 o O O O O O O O O 11 Ix U Vr t` H H H 0 0 0 0 H 0 %.0N M VO % 0 d' V' d' V Ea0 O co a0 m a0 tO V' V' 'd' H d• M CO CO CO CO CO co aO r as w w c w NNNN N [t] CO CO CO CO H H H H 01 O HHHH H E ii al (1) ii x aim II x00 O - 01 CO N W N CO N 1/411 1tn G. 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The EDA will recall that, earlier this year, it authorized up to $900,000 to be loaned from the TIP District No. 1 account to pay for partial acquisition and clearance. As of this time, $500,000 has been transferred, leaving a project fund balance of$18,066. This report includes the existing awards for two property acquisitions which have been appealed -property owned by Jack Brambilla, and the Imperial Wok Restaurant. If there are changes as a result of the appeals, the fund balance (and potentially the amount of the loan transfer)will need to be adjusted accordingly. For your information. 04-,A4,/),,I, Mark McNeill Executive Director MM:tw CC: Gregg Voxland Paul Snook s-CO tt O co '— O) M O n to O co Co (O O to O to CO co ..: M M t` r` C' CO Tr d• .- O Co M N CO to N- N NrCO O N O CO (O (O ( TT '— OD CO 4+ C N y- CA Cl. 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E 5 d d J J LL V o O O a' m > 0 M M tv N a -0rnYa) w 0 '0 -0 re Z Q Q Q O N 0 CO CO LJ . , CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Blocks 3 &4 Development Agreement DATE: August 27, 1997 Introduction and Background: At the March 4, 1997 Regular Meeting, the Economic Development Authority directed staff to negotiate a Development Agreement with the Scott County HRA for the Blocks 3 & 4 project. The respective staffs of the City and HRA have arrived at a Development Agreement for the EDA's discussion. Attached to this memo for City Council's and EDA's information are 1.)the Development Agreement outline; 2.) and the Draft Development Agreement. At the meeting,there will be a presentation of the Development Agreement's major points. City Council and EDA Resolutions approving the execution and delivery of the Development Agreement will be available at the September 16 EDA and City Council meetings, after the EDA and City Council receive Ehlers and Associates' analysis of the project, and after public hearings by the EDA and City Council regarding the ground lease and the sale of HRA bonds, respectively Recommended Action: No action is recommended at this time. The Development Agreement draft is for discussion purposes. 1011P' jp . Paul Snook Economic Development Coordinator dvagmmo 1.doc AUG 29'97 14:25 FR 22ND FLOOR TO 49456ti2tt4456718 P.04 r � • DRAFT: August 29, 1997 1 • DEVELOPMENT AGREEMENT BETWEEN SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, CITY OF SHAKOPEE,MINNESOTA AND ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA This document was drafted by: Leonard, Street and Deinard Professional Association 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402 AUG 29'97 14:25 FR 22ND FLOOR TO 49456142U4456718U P.05 TABLE OF CONTENTS Pate ARTICLE I -Definitions 2 Section 1.1. Definitions 2 ARTICLE II -Representations 5 Section 2.1. Representations by the HRA. 5 Section 2.2. Representations and Warranties by the EDA. 5 Section 2.3. Representations and Warranties by the City. 5 ARTICLE Ill- Project; Ground Lease; Retail Lease; Development Committee 7 Section 3.1. General 7 Section 3.2. Ground Lease 7 Section 3.3. Financing of Site Improvements. 7 Section 3.4. Development Committee 7 ARTICLE IV - Project Financing 8 Section 4.1. General. 8 Section 4.2. Local Contribution. Section 4.3. Housing Facility Bonds 8 Section 4.4. Special Benefit Tax Bonds. 8 Section 4.5. Retail Facility Bonds 8 Section 4.6. Surplus Revenues, Reimbursement to City 9 Section 4.7. Project Management. 10 ARTICLE V - Insurance 11 Section 5.1. Insurance. 11 ARTICLE Vi - Property Taxes; PILOT 13 Section 6.1. Real Property Taxes 13 Section 6.2. Use of Tax Increments. 13 ARTICLE VII - Events of Default 15 Section 7.1. Events of Default Defined. 15 Section 7.2. Remedies on Default. 15 1571%1 $729/97,2:08 PM Development Agreentent AUG 29'97 14:25 FR 22ND FLOOR TO 49456tt2144456718n P.06 Section 7.3. No Remedy Exclusive 15 Section 7.4. No Additional Waiver Implied by One Waiver. 15 ARTICLE VIII - Additional Provisions 16 Section 8.1. Conflict of Interests; HRA Representatives Not Individually Liable 16 Section 8.2. Equal Employment Opportunity 16 Section 8.3. Restrictions on Use. 16 Section 8.4. Provisions Not Merged With Deed 16 Section 8.5. Titles of Articles and Sections 16 Section 8.6. Notices and Demands 16 Section 8.7. Counterparts. 17 Section 8.8. Recording. 17 Section 8.9. Supersedes Joint Powers Agreement. 17 Exhibit A- Bond Term Sheet A-1 Exhibit B - Description of Project B-1 Exhibit C - Legal Description; Permitted Encumbrances C-1 Exhibit D - Summary of Ground Lease Terms 1)-1 Exhibit E - Summary of Retail Lease Terms E-1 I5710$ 1 I 8+29/97.2:0S PM Development Agreement AUG 29'97 14:25 FR 22ND FLOOR TO 4945624214445671614 P.07 DEVELOPMENT AGREEMENT THIS AGREEMENT,made this day of October 1997, by and between the SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (the "Authority"), a public body corporate and politic and political subdivision of the State of Minnesota (the "State"), the CITY OF SHAKOPEE, MINNESOTA (the "City"), a municipal corporation and political subdivision of the State, and the ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA (the EDA"), a public body corporate and politic and political subdivision of the Stare, WTINESSETH: WHEREAS, the EDA has heretofore created, with the approval of the City, as required by law, its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Redevelopment Project")in an area(the "Redevelopment Project Area"), located within the City;and WHEREAS, the EDA has heretofore created within the Redevelopment Project Area, with the approval of the City,as required by law, its Tax Increment Financing District No. 10(the"TIF District"); WHEREAS,the Authority and the EDA are each authorized by Minnesota Statutes to undertake redevelopment projects and housing development projects, as described in Minnesota Statutes, Section 469.001 through 469.047 (the"Act");and WHEREAS, pursuant to that certain Joint Powers Agreement, dated as of August 1, 1996, the Authority and the EDA propose to jointly undertake a mixed-use project (the "Project") on the 100 and 200 blocks of East First Street, which is within both the Project and the TIF District: and WHEREAS,the Project will be comprised of 52-units of multifamily rental housing, and related parking facilities (the"Housing Facility"),an approximately 25,000 square foot retail facility (the "Retail Facility')and a public plaza and a public parking facility (the "Public Facilities"); and WHEREAS, the Authority will issue certain bonds described herein to finance the acquisition and construction of the Project;and WHEREAS,the parties hereto desire to more specifically detail the rights and obligations of each of them in connection with the Project; NOW, THEREFORE, in consideration of the mutual covenants and obligations of the Authority, the EDA and the City,each party does hereby represent.covenant and agree with the other as follows: 5710&I 1 bt79./97.2:08 Derebpmau.groan,tt AUG 29'97 14:26 FR 22ND FLOOR TO 49456t#2n445671814 P.08 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act"means Minnesota Statutes_ Sections 469.001 to 469.047,as amended. "Agreement" means this Development Agreement, as the same may be from bine to time modified,amended,or supplemented. `'Assignment of Pledge Agreement" means the Assignment of Pledge Agreement, dated as of October I, 1997,pursuant to which the City assigns to the Authority the Pledge Agreement. "Authority" means the Scott County Housing and Redevelopment Authority, a public body corporate and politic and political subdivision of the State,and its successors and assigns. "Bonds"means the Series A Bonds, Series B Bonds, Series C Bonds, Series D Bonds, Series E Bonds and Series F Bonds_ designated on Exhibit A attached hereto, to be issued by the Authority pursuant to this Agreement and the related Financing Documents. "City"means the City of Shakopee, Minnesota,a municipal corporation and political subdivision of the State, and its successors and assigns. "Closing"means the closing of the Bonds and the date of delivery of the Ground Lease. "County" means the County of Scott, Minnesota. "EDA" means the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic and political subdivision of the State,and its successors and assigns. "Event of Default" means an action described listed in Article VII of this Agreement. "Financing Documents" means the documents so designated on Exhibit A for each series of Bonds. general Obligation Note" means the General Obligation Tax Increment Note of the City made to the Authority to secure the Series E and F Bonds. "Ground Lease"means the Ground Lease described in Section 3.2 and Exhibit E hereof, from the EDA as lessor to the Authority as lessee. "Housing Facility"means the 52-unit multifamily rental housing development to be located on a portion of the first floor, and all of the second and third floors of the Project,the 52-stalls of underground parking,and other improvements functionally related and subordinate thereto. 2 6/29/97.2:06 PM Development Agreement AUG 29'97 14:26 FR 22ND FLOOR TO 49456tt2U4456718n P.09 "Maturity Date" means the date that the Bonds, and any debt of the Authority issued to refund the Bonds, have been paid in full in accordance with the terms thereof, and the City has been repaid in full any amounts advanced by the City to pay debt service on the Series B, E and F Bonds as provided in Section 4.6 hereof "Payment Obligation"shall have the meaning given such term under Section 4.6, "Pledge Agreement" means the Pledge Agreement between the City and the EDA pursuant to which the EDA pledges certain Tax Increment to the City as further provided in Section 4.5 hereof. "Project" means the multi-use project identified on Exhibit B attached hereto, to be constructed by the Authority on the Site, comprised of the Housing Facility, the Retail Facility and the Public Facilities. "Property" means the real property upon which the Project will be constructed, a legal description of which property is attached as Exhibit C to this Agreement. "Public Facilities" means the surface parking lot and the plaza identified on Exhibit B to be constructed on the Property, which will be owned and operated by the Authority, and made available to the general public. "Redevelopment Plan" means the EDA's Project Plan for the Minnesota River Valley Housing Development and Redevelopment Project No. 1, adopted on January 2, 1979, as amended from time to time. "Redevelopment Project Area" means the real property located within the boundaries of the Redevelopment Project. '"Redevelopment Project- means the EDA's Minnesota River Valley Housing and Redevelopment Project No 1, created pursuant to the Project Plan for the Minnesota River Valley Redevelopment Project No. I,adopted on January 2, 1979, and as from time to time amended. "Retail Facility" means the approximately 25,000 square feet of retail space to be located on a portion of the first floor of the Project,and improvements functionally related and subordinate thereto. "Retail Lease" means a lease by the Authority, as landlord, to a master tenant of the Retail Facility,as described in Section 3.3. "Series A and B Indenture" means the indenture of trust pursuant to which the Series A Bonds and the Series B Bonds, or any bonds issued to refund the Series A Bonds or the Series B Bonds, are issued. "Series D. E and F Indenture"means the indenture of trust pursuant to which the Series D Bonds, the Series E Bonds and the Series F Bonds, or any bonds issued to refund the Series D Bonds, Series E Bonds or Series F Bonds,are issued. I$71040 3 N29197.2:08 PM Dr/clops=_geauau AUG 29'97 14:27 FR 22ND FLOOR TO 49456tt2214456718kt R.10 "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Property and which is remitted to the EDA as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179,as amended. "TIF District"means the EDA's Tax Increment Financing District No. 10. "TIF Plan" means the EDA's Tax Increment Financing Plan No. 10, adopted on November 8, 1995. as from time to time amended. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the Commissioner of Revenue of the State, or any State or federal district court, the tax court of the State,or the State Supreme Court. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit(other than the entity seeking to be excused),which directly result in delays. !VIM 4997.: PM AUG 29'97 14:27 FR 22ND FLOOR TO 49456tt2f4456718U P.11 ARTICLE H Representations Section 2.1. Representations by. the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is a body public corporate and politic and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented,limited by or conflicts with or results in a breach of,the terms,conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Authority is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2.2. Representations by the EDA_ The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is a body public corporate and politic and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,the terms,conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the EDA is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. (c) The EDA is the owner of the Property in fee simple. The Property is currently subject only to those encumbrances listed on Exhibit C hereto. (d) The Property is within the Redevelopment Project Area and the TIF District. The Redevelopment Project and the TIF District have been validly established pursuant to the laws of the State. Section 2.3. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a municipal corporation and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,the terms, conditions or 1>710s: 5 sr29/91._o$Pu AUG 29'97 14:27 FR 22ND FLOOR TO 4945642t34456718i1 P.12 provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. :snosi 6 T _QPM Development Agreanent AUG 29'97 14:28 FR 22ND FLOOR TO 49456432144456718U P.13 ARTICLE III Project,Ground Lease,Retail Lease.Development Committee Section 3.1. General. The EDA has acquired the Property pursuant to the Redevelopment Plan,and has demolished the buildings thereon. The EDA is currently the owner of fee simple title to the Property. Subject to the terms and conditions of this Agreement, including all exhibits hereto,the EDA will lease the Property to the Authority pursuant to the Ground Lease;the Authority will issue the Bonds, as described in Article IV, and will use the proceeds to construct and equip the Project (pursuant to the description of the Project and the schedule attached hereto as Exhibit B), which will be owned and operated by the Authority, subject to the Ground Lease; and the Authority will enter into a Retail Lease with respect to the Retail Facility as more full described in Section 3.3. Section 3.2. Ground Lease. The EDA will enter into a Ground Lease with the Authority, with substantially the terms set forth in Exhibit D attached hereto. Section 3.3. Retail Lease The Authority will enter into a 30 year lease oldie Retail Facility (the "Retail Lease") with substantially the terns set forth in Exhibit E attached hereto, with a single tenant who will sublease the Retail Facility to individual retail tenants. The Retail Lease will be subject to the Ground Lease. Section 3.4. Waiver of Certain Fees The City shall waive the following fees otherwise chargeable in connection with the construction of the Project: Permit Fee, C.O. Charge, Plan Check, Grade/Survey Check,City SAC. Section 3.5. Development Committee. The parties hereby create a Development Committee which shall be comprised of the following S members: the President of the EDA, the Mayor and City Administrator of the City, and the Chair and Executive Director of the Authority, and which shall be and remain in effect as long as any of the Bonds for which the full faith and credit of the City is pledged remain outstanding. During the construction of the Project. the HRA shall submit to the Development Committee for review and approval any change orders which materially adversely affect any design elements of the Project expressly described in Exhibit B hereto. Following completion of the Project,the RRA shall submit to the Development Committee for review annual budgets for the Project prepared by or on behalf of the Authority in accordance with the requirements of any of the Financing Documents. Section 3.6. Notices. The Authority shall send to the EDA a copy of each and any report required to be made regarding the Project pursuant to the Financing Documents, and copies of all material notices to and from the Retail Tenant. 1$71061 7 Wng197•:OK Ph! Oevetopment AB+eetnerit AUG 29'97 14:28 FR 22ND FLOOR TO 49456142f4456718t$ P.14 ARTICLE IV Project Financing Section 4.1. General. The Authority, the cooperation of the EDA and the City will provide for the financing of the Project as provided in this Article IV, contingent on final approval of the Financing Documents,the Ground Lease and the Retail Lease by each of the parties hereto following any public hearings required by law. Section 4.2. Local Contribution. Pursuant to the TIF Plan,the City has elected to make a local contribution in lieu of the governmental aids penalty. The City will contribute the amount required to be paid pursuant to such election to the construction of the Project. The EDA will cause such amount to be deposited with the Trustee for the Series E and F Bonds at the Closing. Section 4.3. Housing Facility Bonds. The Authority will issue the Series A Bonds and the Series B Bonds to finance the construction and equipping of the Housing Facility. The Series A Bonds will be gross revenue bonds secured by a first lien on the gross revenues of the Housing Facility and by a leasehold mortgage on the Housing Facility granted by the Authority in favor of the bondholders. The Series B Bonds will be issued following completion of the procedural requirements of Minnesota Statutes, Section 469.034, Subd. 2_ including the approval following a public hearing by the City_ and will be secured by a lien on net revenues of the Housing Facility and by a pledge of the full faith and credit of the City. The Authority will grant a second leasehold mortgage in favor of the City to secure repayment to the City of any Payment Obligation as to the Series B Bonds. Section 4.4. Special Benefit Tax Bonds. The Authority will issue its Series C Bonds to finance the construction and equipping of a portion of the Housing Facility and a portion of the Retail Facility. The Series C Bonds will be secured solely by a pledge by the Authority of $123,000 of its special benefits tax in each year from 1998 through 2028. Section 4.5. Retail Facility and Public Facility Bonds. The Authority will issue the Series D Bonds and the Series E Bonds to finance the construction and equipping of the Retail Facility and will issue the Series F Bonds to finance the construction and equipping of the Public Facilities. The Series D Bonds will be gross revenue bonds secured by a first lien on the gross revenues of the Retail Facility (not including Tax Increment) and by a leasehold mortgage on the Retail Facility granted by the Authority in favor of the bondholders. The Series E Bonds and Series F Bonds will be secured by a lien on net revenues of the Retail Facility and by a pledge by the Authority of all of its right,title and interest in and to a General Obligation Note (the "General Obligation Note") and an Assignment of Pledge Agreement made by the City in favor of the Authority. The Authority will grant a second leasehold mortgage on the Retail Facility and the Public Facilities in favor of the City to secure repayment to the City of any Payment Obligation as to the Series E and Series F Bonds. To secure the General Obligation Note, the EDA will execute and deliver to the City a Pledge Agreement in a form reasonably acceptable to the parties hereto, pursuant to which it will pledge to the City Tax Increment generated by the District, in an amount equal to not less than twenty percent (20%) of debt service on the Series E Bonds and Series F Bonds in each year during the terms thereof ti7toe� 8 .2:0$PM Dc lop s:au A+ ccmmt AUG 29'97 14:29 FR 22ND FLOOR TO 49456142t1445671814 P.15 Section 4.6. Surplus Revenues. Reimbursement to City. (a) Surplus Revenues. Any amounts authorized to be released to the Authority in any year from the surplus funds established by the Series A and B Indenture or the Series D. E and F Indenture, and any net operating income received by the Authority from the Project following the date on which the Series A, B, D, E and F Bonds have been paid in full and the Series A and B Indenture and the Series D, E and F Indenture have been discharged (together. "Surplus Revenues")shall be applied by the Authority in the following order of priority: First, to the extent pledged to any series of the Bonds, to the trustee or paying agent for such series; Second, to repay to the City any and all advances that the City shall have made from its own resources(other than Tax Increment pledged pursuant to the Pledge Agreement)pursuant to either(i)the pledge by the Authority of the City's full faith and credit to the Series B Bonds,or(ii)the City's General Obligation Note; in each case together with interest thereon from the date of any such advance until repaid, at a variable rate of interest equal to the Reference Rate of First Bank National Association, in Minneapolis, Minnesota,as in effect and modified from time to time; Third, to fund any separate operating or other reserve established by the Authority for the Project from time to time;and Fourth, (i) as long as the Authority is permitted by law to make payments in Iieu of taxes in accordance with Section 469.040. (1)Surplus Revenues attributable to the Retail Facility will be used by the Authority within the City for housing or redevelopment purposes, with the prior approval of the EDA, and (2)Surplus Revenues attributable to the Housing Facility will be used by the Authority within the City, subject to any approvals of the EDA or the City which are required by law; and (ii) at any time when the Authority is not permitted by law to make such payments in lieu of taxes, the Authority shall retain all Surplus Revenues and shall apply the same for any purpose authorized by law. The Authority's obligation to repay the City pursuant to paragraph `'Second" above shall be referred to in this Agreement as the "Payment Obligation". (b) Surplus Levy. To the extent that in any year that Surplus Revenues are not sufficient to satisfy any Payment Obligation the Authority will apply to such Payment Obligations that part of its special benefit tax received by it in that year which described as follows: (i) the portion of the special benefits tax allocable to Shakopee. (ii) less a pro-rata portion of the administrative and other fixed costs of the Authority which are payable from the special benefits tax, (iii)which is unrestricted. For purposes of this provision, the special benefits tax shall be deemed to be unrestricted to the extent that it is not pledged to the payment of a specific obligation, and the Authority is not obligated by contract, or otherwise. to use the special levy for a specific purpose in such year. Section 4.7. Project Management. The Authority will either manage the Project itself or will cause the Project to be managed only by established. experienced professional management companies that have continuously managed at least 200 units of multifamily rental housing units during the five year period prior to first being engaged to manage the Project. Notwithstanding the foregoing, during any period when there is an outstanding Payment Obligation from the Authority to the City, or during any period for which cash flows prepared by the t it l Oo i 9 v29/97.21:4 PM Drtlopmatt Accent= AUG 29'97 14:29 FR 22ND FLOOR TO 49456r:244456718U P.16 Authority pursuant to the Financing Documents project that revenues available to pay debt service on the Series B.E or F Bonds will not be at least 105%of the amount required therefore,the City shall have the right upon prior written notice to the Authority and the trustees for the Series A, B, D, E and F Bonds (the "Trustees'), to direct the control, management and operation of the Project, subject only to any superior rights which any Trustee may have and enjoy pursuant to the terms of the Financing Documents. 1571061 10 6!29/97,2!O6 PM Development Agreement AUG 29'97 14:29 FR 22ND FLOOR TO 49456132;14456718U P.17 ARTICLE V Insurance Section 5.1. Insurance. (a) The Authority will provide and maintain at all times during the construction of the Project an All Risk Broad Form Basis Insurance Policy and, front time to time during that period,at the request of the EDA or the City, furnish the EDA or the City with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk — Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the EDA and the City shall be protected in accordance with a clause in form and content satisfactory to the EDA and the City; (ii) Comprehensive general Iiability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than$1,000,000 for each occurrence(to accomplish the above-required limits, an umbrella excess liability policy may be used); and (iii) Workers'compensation insurance, with statutory coverage. (b) Upon completion of construction of the Project, and during the term of the Ground Lease, the Authority shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the EDA or the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Project under a policy or policies covering such risks as are ordinarily insured against by similar businesses; (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the EDA and the City as additional insureds;and (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Authority, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Authority may, if permitted by law,be self-insured with respect to all or any part of its liability for workers' compensation . (c) All insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Authority which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Authority will deposit annually with the EDA 15710441 1 8729/97.20tt D!W Developrtnatt Agreement AUG 29'97 14:30 FR 22ND FLOOR TO 4945642f445671813 P.18 • policies evidencing ail such insurance, or a certificate or certificates or binders of the respective insurers stating that. such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement,each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Authority, the EDA and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Authority may maintain a single policy, blanket or umbrella policies, or a combination thereof; having the coverage required herein, in which event the Authority shall deposit with the EDA a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Project. (d) To the extent permissible under the Financing Documents, proceeds of insurance or a condemnation award for the Project shall be applied by the Authority to repair or rebuild the Project, but only as long as such insurance proceeds or condemnation award,together with other moneys available to the Authority for such purpose,are sufficient to complete such repair or rebuilding. 1571081 12 S/29,97.2!0$P%t Development Agreement AUG 29'97 14:31 FR 22ND FLOOR TO 49456tt2134456718tt P.19 ARTICLE VI Property Taxes,PILOT Section 6.1. Real Property Taxes. The Housing Facility will be subject to a payment in lieu of taxes pursuant to Sections 469.040 and 272.61, as provided by law,and at least until the Maturity Date. The Retail Facility will subject to real property taxation as and to the extent provided in Section 469.040, Subd. 2. The Retail Facility Lease will require that the lessee agrees that prior to the Maturity Dare it will not do any of the following to the extent that doing so would reduce the estimated market value of the Retail Facility below S (the"Minimum Value"): (1)seek administrative review or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Retail Facility or such lessee or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (2) seek administrative review or judicial review of the constitutionality of any tax stature determined by any Tax Official to be applicable to the Retail Facility or such lessee or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) request to the assessor to reduce the market value of all or any portion of the Retail Facility below the Minimum Value; (4) petition the board of equalization of the County to reduce the Minimum Value of all or any portion of the Retail Facility; (5)petition the board of equalization of the State or the Commissioner of Revenue of the State to reduce the Minimum Value of all or any portion of the Retail Facility; (6) take any action in a district court of the State or the tax court of the State pursuant to Minnesota Statutes.Chapter 278, seeking a reduction in the Minimum Value of the Retail Facility; (7)make application to the City, County or Commissioner of Revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270 or Sections 469.1812 to 469.1815;or (8) pursue any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government. The Authority shall not transfer or permit the transfer of the Retail Facility, or any part thereof, to an entity exempt from the payment of real property taxes under State law. The Authority shall not, prior to the Maturity Date, apply or permit any tenant of the Retail Facility to apply for a deferral of property tax on the Retail Facility pursuant to any law or regulation. Section 6.2. Use of Tax Increments. Except for its obligations under the this Agreement regarding the Pledge Agreement to the City, described in Section 4.5 and 4.6, the EDA shall be free to use any tax increment received from the Property or the Project for any purpose for which such increment 1$71081 13 S/29/97.2:08 PM Development agreement AUG 29'97 14:32 FR 22ND FLOOR TO 49456tt2U4456718it P.20 may lawfully be used, pursuant to the provisions of Minnesota law, and the EDA shall have no obligations to the Authority with respect to the use of such increment. ►st►oe► 14 x419/97.las P!vi Development Agree:new AUG 29'97 14:32 FR 22ND FLOOR TO 49456132314456718U P.21 ARTicLE VIl Events of Default Section 7.1. Events of Default Defined. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, the non-defaulting party, after providing thirty (30) days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible, may take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation. agreement,or covenant under this Agreement. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VII. Section 7 4. No Additional Waiver implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by the other party-; such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. tsrrt 15 e129/47.2:t S Pot Development Ag cement AUG 29'97 14:32 FR 22ND FLOOR TO 4945622222445671822 P.22 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests: Renresetjatives Not Individually Liable. The Authority, the EDA and the City. to the best of their respective knowledge, each represent and agree that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement. nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority,the EDA or the City shall be personally liable with respect to any other party, or any successor in interest, in the event of any default or breach by the Authority, EDA or City or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. Section 8.2. Banal Employment Opportunity. The Authority, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations Section 8.3. Restrictions on Use. The Authority agrees for itself and its successors and assigns: (a) it shall use the Housing Facility as a "qualified housing development project" for elderly persons, pursuant to the Act. as long as any Series B Bonds remain outstanding; and (b) it shall not discriminate upon the basis of race, color, creed_ sex or national origin in the sale, lease or rental, or in the use or occupancy of the Project or any improvements erected or to be erected thereon,or any part thereof. Section 8.4. Provisions Not Merged With Ground Lease. None of the provisions of this Agreement are intended to or shall be merged by reason of the Ground Lease and such Ground Lease shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.5 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement,a notice, demand or other communication under this Agreement by either parry to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally;and (a) in the case of the Authority, is addressed to or delivered personally to the Authority at 16049 S.E.Franklin Trail,Suite 104.Prior Lake,MN 55312; and (a) in the case of the EDA, is addressed to or delivered personally to the Authority at 129 Holmes Street S..Shakopee, MN 55379;and (a) in the case of the City, is addressed to or delivered personally to the Authority at 129 Holmes Street S., Shakopee.MN 55379:and l>7loai Z 6 Development atgceatau AUG 29'97 14:33 FR 22ND FLOOR TO 4945642134456718U P.23 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 8.6. Section 8.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.8. Recording. The Authority may record this Agreement and any amendments thereto with the County recorder. Section 8.9. Supersedes Joint Powers Agreement. This Agreement shall supersede and replace the Joint Powers Agreement in all respects. cs7tost 17 t�9N7.2:13 PM Dc clopaiant Avaammt AUG 29'97 14:33 FR 22ND FLOOR TO 49456t42144456718tt P.24 E WITNESS WHEREOF. the Authority. the EDA and the City have each caused this Agreement to be duly executed in their respective names and behalf and their respective seals to be hereunto duly affixed as of the date first above written, with actual execution on the dates set forth below. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Its Chair By Its Secretary STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1997 by and ,the and oldie Scott Housing and Redevelopment Authority, a public body corporate and politic, on behalf of the Audaority. Notary Public 1571m 1$ S/29/97,2:13 p'11 Development dssocincra AUG 29'97 14:33 FR 22ND FLOOR TO 49456U2f4456718U P.25 ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE,MINNESOTA By Its President By Its Executive Director STATE OF MINNESOTA ) ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this_day of , 1997 by and ,the and of the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic, on behalf of the Authority. Notary Public i s110ai1 19 S/29197..:15 PM Dcvclopm t Agsee:new AUG 29'97 14:34 FR 22ND FLOOR TO 49456tt2tt445671814 P.26 CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator By Its City CIerk STATE OF MINNESOTA ) COUNTY OF SCOTT The foregoing instrument was acknowledged before me this_day of , 1997 by and ,the and of the City of Shakopee, Minnesota,a public body corporate and politic,on behalf of the City. Notary Public 15714$1 2 O $29197, 13 P\d Dmvtopmpit.yyeemau PUG 29'97 14:34 FR 22ND FLOOR TO 4945642t24456718U P.27 Exhibit A to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee.Minnesota and Economic Development Authority for the City of Shakoes Minnesota Bond Term Sheet • (Attached) 15710e1 A-1 a;29r97.1(3 PM Dcvdopoon AVoancnc AUG 29'97 14:34 FR 22ND FLOOR TO 494561121444567180 P.28 Exhibit B to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Description of Project General. The Project will consist of two-three story buildings, connected by sky-ways on the second and third levels, which will function as a single facility. The second and third floors, and approximately square feet of the first floor will be comprised of a 52-unit housing facility containing one and two bedroom units. The remaining approximately 25,000 square feet of the first floor will be retail space. There will be constructed under the building a 52-space below grade parking facility, intended to benefit and be available only for the housing facility. There will be constructed adjacent to the buildings a_-space surface parking lot to be owned and operated by the Authority as public parking. The following schedules are attached hereto: Schedule 1 - Site Plan Schedule 2 - Preliminary floor plans for each floor of each building Schedule 3 -Elevations Schedule 4 - Construction Schedule Required Design Elements. The Project shall be all-brick exterior; flat roofs; bay windows and French balconies as shown in Schedule 3 attached hereto. 15710s1 B-i s/29,97. pi Develop:mg Abtemenc PUG 29'97 14 34 FR 22ND FLOOR TO 49456403445671814 P.29 Exhibit C to that certain Development Agreement by and between the Scott County Rousing and Redevelopment Authority. City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Legal Description,Permitted Encumbrances Legal Description. Permitted Encumbrances. 15710$1 C-t S729/47,2:1S PM Deve(ovissast Agrees a to AUG 29'97 14:34 FR 22ND FLOOR TO 49456n2t4445671813 P.30 Exhibit D to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Summary of Ground Lease Terms Term: Commencing on the Closing Date, ending on October 1, 2037 Ground Lease Payments: $1 per year until October I, 2027. Fair market value thereafter, to be determined by independent appraisers following the Maturity Date. D-1 isms' $,29197.113 PM Deatlopaeass.geaaeat AUG 29'97 14:35 FR 22ND FLOOR TO 49456it244456718tt P.31 Exhibit E to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority. City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Summary of Retail Lease Terms • Term: Approximately 30 years, ending on October 1,2027 Lease Payments(per square foot First ten years: $8.50 per year): Second ten years: $9.50 Third ten years: -, .d'/o.p 0 Right of First Refusal: The tenant will have a right of first refusal to purchase all or any part of the Authority's leasehold interest in the Project in the event the Authority receives a bona fide purchase offer that the Authority wants to accept. Assignment to Tenant: Following the lease term,the Authority will assign its leasehold interest in the Retail Facility to the tenant. Triple Net Lease The retail lease will be a triple net lease. Guarantee The partners or shareholders of the tenant shall guarantee Lease Payments required to be made by the tenant,subject to a cap equal to one and one-half year's Lease Payments for the first year, and one year's Lease Payments for subsequent years. Partner Net Worth The partners or shareholders of the tenant shall submit to the Authority in each year during the term of the lease a statement of an account to the effect that the net worth of such partners equals or exceeds$5,000,000. E-1 Z i7[4G E wzmr.2.13pq Qevetopmenc i peama t ** TOTAL PAGE.031 ** 14:' ; 4 , '1 0 '''c,-.$1-';'.i,. . '1.1r i i ,�.• ,t D a 1;,Nfi�r .1o ' rn • •,,,...‘,.‘...',:-. • l',-;.', . 1 11:',:4'1. li Iiiiilli 1 . '17.,ro- tkilltisli p pi 'RI ill. Vi:1::1:.\ t/;,rr,tr l, I '!' , p4' .-1.1#1,i.� 1,,, 1�• lY� IJ t-ik I- i .:. ''''''I. 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Also present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox,City Clerk; Bruce Loney,Public Works Director/City Engineer; and Tom Steininger, Chief of Police. Mr.Voxland gave an overview of the revenues for 1998. The projected revenues amount to $6,827,000. The estimate for building permits and redevelopment has exceeded projections over the past few years. No major fee changes are proposed. Mayor Henderson stated that it would be nice to add a column to show the percent of projected increase. Cncl. Sweeney responded that the revenue is projected to increase plus or minus ten percent and the general levy is projected to increase eight percent. The proposed budget for the Police Department was discussed. Chief Steininger passed out corrected copies of his proposed budget and explained that they reflect the 1998 contract that was recently approved. He explained that there is no staff increase requested. He reviewed increases in each of the line items in his budget over 1997. He asked to include an additional civil defense siren for the area south and east of the hospital. Chief Steininger explained that he is budgeting an increase in pay for the Deputy Chief and why. He said that it still needs City Council approval after the budget is approved. Discussion ensued relating to computers used by the Police Department and by the County. City Council members took a break between 5:18 P.M. and 5:25 P.M. The proposed budget for the Public Works Department was discussed. Mr. Loney explained that Public Works and Engineering have gone through some changes this past year(reorganization and new positions),but that none are planned for next year. The Assistant City Engineer's salary will need to be reviewed. There is a one to two percent increase in the budget plus an increase for inspections. There is$18,000 budgeted for consultant inspectors and plan review. Consulting services are being built into the public projects as opposed to private development so that they can be assessed and do not show as part of the budget(staff time). Official Proceedings of the August 7, 1997 Shakopee City Council(Worksession) Page -2- Mr. Loney explained that the Street Division has gone through radical changes on how they operate. They are more organized, structured, and are more PR oriented. A computer is budgeted to provide efficiency,keep track of maintenance, etc. Professional services include seal coat and paint striping. Also included,an expansion analysis study for the shop. After discussion it was agreed to leave the expansion analysis study in the budget and to discuss at a later time if a consultant is to be hired. Mr. Loney explained that there is a decrease in the Shop Division budget from 1997. He said that he would like a new metal band saw in 1998. Mr. Loney explained that they are using six seasonal employees in the Park Division and that this is working out well. Also being budgeted for next year is building maintenance repair for Holmes Park. Cncl. Sweeney noted that there is a 5.8 percent increase for 1998 in the Street and Park Departments. Mr. Voxland explained that there will be two more workshops before the City must certify its maximum tax levy to the County. Sweeney/Link moved to adjourn at 5:58 P.M. Motion carried unanimously. Cicak Ju ith S. Cox ty Clerk Recording Secretary OFFICIAL. PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 5, 1997 Mayor Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator, and Steve Bubul, City Attorney. A recess was taken at 7:02 P.M. for the Economic Development Authority meeting. The meeting re-convened at 8:39 P.M. A recess was taken at 8:39 P.M. The meeting re-convened at 8:54 P.M. The following items were added to the agenda: 14.A.8.) Downtown Alley Change Order, 14.A.9.) Maras Street Change Orders, 15.) Performance Evaluations. Sweeney/Link moved to approve the agenda as amended. Motion carried unanimously. The following item was added to the Consent Agenda: 13.I.) Text Amendment to Zoning Chapter Regarding Setbacks for Decks - Ord. No. 495. The following items were removed from the Consent Agenda: 13.G.) Text Amendment to Zoning Chapter Regarding Pastoral Residences as Permitted Uses in the Residential Districts - Ord. No. 496, and 14.E.7.) 1998 Assessment Agreement with Scott County. Zorn/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson recognized County Commissioner, Art Bannerman's presence. Mayor Henderson asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. There was no response. Zorn/DuBois moved to approve the minutes of July 1, 1997, Regular Session and July 8, 1997, Adj. Reg. Session. (Motion carried under the Consent Agenda.) Zom/DuBois moved to approve bills in the amount of $281,049.26. (Motion carried under the Consent Agenda.) Official Proceedings of the August 5, 1997 Shakopee City Council Page -2- Ms. Cox explained that Paul Schindler is interested in opening an off sale liquor store in the has asked the Council to indicate whether or not he is eligible to obtain a nterandg Crossroads Ce license if he makes application, undergoes background investigation, and meets all requirements of the City Code. Zorn/Link moved to direct staff to write Mr. Schindler advising him that he is eligible for an off sale intoxicating liquor license upon completion of the appropriate application, successful completion of a background investigation by the Chief of Police, and compliance with the requirements of the City Code. Motion carried unanimously. Bruce Loney reported that Thomas Ryan, Ryan Contracting, Inc., wrote a letter requesting to be heard before the Council to discuss comments made about Ryan Contracting, Inc. at the July 1, 1997, council meeting. He would also like to discuss what a "non-responsive bidder" is. Paul Ryan, Ryan Contracting, Inc., 8700 13th Avenue E, approached the podium to discuss previous comments that he was not a responsible contractor, that he sued the City to make his profits, and that anytime Ryan Contracting is a low bidder the City should reject all bids and rebid the job. He said that the public comments made by the Councilmembers have caused him emotional grief and distress and that he could not imagine how these comments could be made. He said he has been in business for six years and averages 85 employees with an average job contract of$575,000. He said Ryan Contracting has also received various awards from different government agencies. Mr. Ryan said he felt the comments made at the July 1 meeting were made as a result of decisions made by a court of law on June 5, 1997, in which the City was found liable for damages to his company. A special verdict form was given to a jury in which a number of questions relating to the contract between the City and Ryan Contracting were asked. These questions addressed breach of contract, damages as a result of a breach of contract, breach of implied warranty of plans and specifications, and damages that would compensate Ryan Contracting. The jury felt those damages totaled $279,051.89. Mr. Ryan stated that shortly after the verdict, judgments of cost were filed totalling $9,089.39 and accrued interest in the amount of$439.00. A motion denying the verdict was then made by the attorney for the City and denied. Costs were ordered to be paid to Ryan Contracting plus interest at 5% until paid. Mr. Ryan stated he did not go through this process to make profits. He said the money is to recover damages. He said the City was given many opportunities to change the plan and change the price structure and declined to do so. Official Proceedings of the August 5, 1997 Shakopee City Council Page -3- Mayor Henderson stated that this case is not over and has been appealed and asked that discussion be brief. He said he personally felt "slightly suspicious in this case" and it was not his intent to damage his business. He added he did not feel comfortable working with Ryan Contracting. He also explained that the bid (on the Maras Street Project) was not turned down, that the Councilmembers expressed their concerns in the process of awarding the bid. Mr. Ryan suggested that Councilmembers view the July 1 tape to see that their comments lacked character. Cncl. Link recommended the parties involved meet to renew a good relationship. The following item was addressed out of the regular order on the agenda: 13.F.) Valley Green Business Park rezoning request from Highway Business (B-1) to Heavy Industrial (I-2). Mr. Leek stated that the Planning Commission has reviewed the zoning request and recommends approval. Link/Sweeney offered Ordinance No. 493, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located North of 12th Avenue and East of County Road 18 from Highway Business (B1) Zone to Heavy Industrial (12) Zone, and moved its adoption. Motion carried unanimously. The following item was addressed out of the regular order on the agenda: 13.D.) Preliminary Plat of Eagle Ridge First Addition. Mr. Leek stated that this project involves potential tax credit program participation from the State of Minnesota and will likely require further review of a Conditional Use Permit. He said the Planning Commission has reviewed the preliminary plat and recommends approval, subject to certain conditions included in Resolution No. 4714. A discussion ensued regarding difficulties relating to Arlington Ridge and whether or not similar difficulties would accompany this project. In response to a question by Cncl.DuBois if there will be multiple buildings on one lot, Mr. Leek explained that density would be addressed adequately with a public hearing and the Conditional Use Permit review. He added there would be ample opportunity to avoid a similar circumstance. A discussion ensued as to the impact housing of this type would have on the tax payers. Staff was directed to research this issue and a joint meeting with the Planning Commission will be held sometime in the future. Sweeney/DuBois offered Resolution No. 4714, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for Eagle Ridge 1st Addition, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 5, 1997 Shakopee City Council Page -4- The following item was addressed out of the regular order on the agenda: 14.A.1.) Eastway Avenue Petition for Public Improvements - Res. Nos. 4716 and 4717. Mr. Loney reported that the two property owners have petitioned the City to construct Eastway Avenue, and to assess them 100% for street and utility improvements. Since both property owners involved have submitted a petition, no public hearing is necessary. Zorn/Sweeney offered Resolution No. 4716, A Resolution Declaring Adequacy of Petition and Ordering an Improvement and the Preparation of Plans and Specifications for Eastway Avenue and Timothy Court Within the Plats of Pinewood Estates and Shenandoah Place, Project No. 1997-3, and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4717, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Eastway Avenue and Timothy Court Within the Plats of Pinewood Estates and Shenandoah Place, Project No. 1997-3, and moved its adoption. Motion carried unanimously. The following item was addressed out of the regular order on the agenda: 13.C.) Preliminary Plat of Boulder Ridge. Mr. Leek reported that BDM, LLC is requesting approval of the preliminary plat of Boulder Ridge. He said the Planning Commission has reviewed the plat and recommended approval with conditions that include the developer being responsible for payment of public improvement costs which would also include improvement costs to Vierling Drive. Zorn/Link offered Resolution No. 4713, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for Boulder Ridge, and moved its adoption. Motion carried unanimously. The following item was addressed out of the regular order on the agenda: 14.D.1.) Wallace Perry Appeal of BOAA's Denial of a Variance for Setbacks and Parking. Mr. Leek reported that on July 24, 1997, The Board of Adjustments and Appeals denied an 8 foot variance for a 30 foot rear yard setback, a 5 foot variance to a 5 foot parking setback, and a 2 parking space variance to the 40 required spaces because they felt criteria 1A, 1B, 1E, and 2 were not met. He added that the Board must find that all the criteria are met in order to grant the variance. Mr. Perry is appealing to the City Council. A discussion ensued relating to destinations in the B3 zone and possible rezoning of B1 properties to B3. Mr. Leek said that a possible approach for this and other properties along 1st Avenue is the reconsideration of the land use designation and rezoning. Official Proceedings of the August 5, 1997 Shakopee City Council Page -5- Zorn/Sweeney moved to approve the appeal request and direct staff to draft a resolution consistent with that determination. A discussion ensued as to whether or not to grant a variance or to do a spot rezoning. Mr. Leek suggested addressing the ways in which the criteria are met if the Council is to consider granting the appeal. A discussion ensued relating to the time period involved in rezoning. Mr. Leek said six to eight weeks would be needed for proper publication of the necessary notices. Mr. Perry stated that a delay of six to eight weeks would be too long for this year. Mr. Bubul stated that if the appeal is to be granted, that the time should be taken to develop findings on each of the criteria for granting a variance. Cncl.Zorn was directed to work on the text to approve the appeal, along with Mr. Bubul and Mr. Leek, and to bring it back to the Council on August 19th for approval. Zorn/Sweeney moved to table the motion to Thursday, August 7, 1997, at 4:00 P.M. Motion carried unanimously. Sweeney/Zom moved to direct staff to review the Comprehensive Plan land use designation and the intended zoning for the mainstreet area. Motion carried unanimously. The following item was addressed out of the regular order on the agenda: 14.A.9.) Maras Street Change Orders. Mr. Loney said there are change order requests dealing mainly with the concrete and bituminous debris that was found and for subgrade excavation. The debris is mainly concrete and bituminous interspersed with the dirt to be removed. If above three to six inches, it is considered solid waste and is to be removed and disposed off to a proper facility. He said this debris is not continuous along the roadway and the borings did not detect this material. The contractor is also claiming additional costs for excavating debris which staff does not feel is justified. Mr. Loney asked for direction as to whether or not to continue negotiations. A discussion ensued relating to contract obligations and the impact of change orders. Mr. Loney said he would be looking at this and would return at a later date. A discussion ensued relating to removal of sand and future installation of sewer and water. Mr. Chris Anderson asked if the additional $50,000 for screening 4,000 yards of soil could be bid or if outside sources could be contacted to see if this is a reasonable cost. Mr. Loney said he would be meeting with the City Attorney to discuss all options. Official Proceedings of the August 5, 1997 Shakopee City Council Page -6- The following item was addressed out of the regular order on the agenda: 14.D.5.) Purchase Agreement with Shakopee Associates, L.L.P., for MnDOT Property. Mr. Leek said Shakopee Associates would like to acquire the excess MnDOT property adjacent to its proposed Crossroads Center. In order to speed up the process, they have asked the City to acquire the parcel from MnDOT and to sell it to them (Shakopee Associates). The City Attorney has drafted a Purchase Agreement which requires Associates to reimburse the City for out of pocket expenses, including appraisal costs. Associates has paid the required $1,000 earnest money and approval to execute that agreement is required. Cncl. DuBois stated she would be abstaining from discussion and voting on this issue. Sweeney/Zorn moved to authorize the appropriate City officials to execute the Purchase Agreement with Shakopee Associates, L.L.P. (relating to the acquisition and purchase of excess MnDOT property), as presented, and take the necessary actions to complete the transaction. Motion carried unanimously with Cncl.DuBois abstaining. A recess was taken at 10:25 P.M. The meeting re-convened at 10:36 P.M. The regular order of the agenda was resumed, beginning with item 13.A.) Final Plat for Shenandoah Place. Zorn/DuBois offered Resolution No. 4711, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat for Shenandoah Place, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Link stated he would be abstaining from discussion and voting for the Final Plat for South Parkview 3rd Addition. Mr. Leek said that as part of the Preliminary Plat approval, a variance was approved to allow an 18 foot lot width variance allowing 52 foot lot width and a front yard setback variance to allow a 27 foot front yard setback on certain lots. He said the final plat was reviewed and it was discovered that there were lots involved that did not meet the 27 foot variance, as well as the number of other lots requiring variances from the 35 foot front yard setback. He asked for direction as to whether or not Council desired to approve the additional variances. He added that plats have been approved in the past where lots contained the entire structure and met the lot width requirement at the time of platting but later requests came in for minor subdivisions which were approved (allowing twin homes). Mr. Link addressed the City Council from the podium and explained that the State took 30 feet of right-of-way from an outlot and all streets and park had been established and dedicated. He Official Proceedings of the August 5, 1997 Shakopee City Council Page -7- said the Planning Commission approved this with a 30 foot setback requirement in an R-1 zone. However, it was discovered in an R-2 zone that the setback requirement was 35 feet. He said this will be the subject of discussion for the Subdivision Review Committee for changing the setback for R-2 zoning to 30 feet. Zorn/Sweeney moved to grant the additional variances requested for South Parkview 3rd Addition. Motion carried unanimously with Cncl. Link abstaining. Sweeney/Zom moved to direct staff to prepare the Resolution for the Final Plat of South Parkview 3rd Addition, subject to the revised conditions. Motion carried unanimously with Cncl. Link abstaining. Mr. Link said he is being assessed storm water trunk charges because he is replatting. The only reason he is replatting is due to rezoning and the Highway Department taking 30' of his land. He asked whether or not he still fell within the required storm water assessment. The City Attorney said he would look into this. Mr. Leek said High Five Erectors, Inc. is requesting an amendment to their PUD that would allow them to add a 1,920 square foot building to be used for storage of material and/or equipment, currently outside. They are also requesting approval for an additional 1,280 square foot building to be built at a later date, totaling 3,200 feet of expansion. He said the Planning Commission reviewed the request and recommended approval. Sweeney/Zorn offered Resolution No. 4715, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 3592, A Resolution Approving the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development (PUD), and moved its adoption. Motion carried unanimously. Mr. Leek explained that John DuBois, owner of the property known as the Church of the Higher Ground, desires to subdivide the property in order that the pastor's residence can be sold. He has requested a zoning text amendment to allow pastoral residences as stand-alone residential uses in the residential districts. He said the churches in town with pastoral residences have been surveyed and that the Planning Commission recommended approval of the text amendment. Cncl. DuBois stated she would be abstaining from discussion and voting relating to Ordinance No. 496. Zorn/Sweeney offered Ordinance No. 496, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, by Adding Residences Originally Constructed as Accessory Uses to Churches as a Permitted Use, and moved its adoption. Motion carried unanimously with Cncl. DuBois abstaining. Official proceedings of the August 5, 1997 Shakopee City Council Page -8- Mr. Leek said that due to a number of projects, staff initiated a text amendment regarding the review of proposed projects that are the subject of an environmental review. This will allow staff to take land use applications while pending an EAW but would not allow them to go before the City Council or the Planning Commission for review until the outcome of the EAW process. He said the Planning Commission recommended approval of the text amendment. Zom/Sweeney offered Ordinance No. 494, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning and Chapter 12, Subdivision Regulations, by Amending General Provisions of Chapter 11 and Purpose and Jurisdiction of Chapter 12, and moved its adoption. Motion carried unanimously. Zom/DuBois offered Ordinance No. 495, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, by Amending Sec. 11.81 (General Provisions), Subd. 3 (Required Yards and Open Space), and moved its adoption. (Motion carried under the Consent Agenda.) Zorn/DuBois offered Resolution No. 4712, A Resolution of the City of Shakopee, Minnesota, Approving The Final Plat For Crossroads Center, and moved its adoption. (Motion carried under the Consent Agenda.) The following item was addressed out of the regular order on the agenda: 14.D.2.) Environmental Assessment Worksheet- CAMAS Minnesota, Inc., Shiely Division. Mr. Leek said there were substantial comments received from the Met Council regarding a potentially significant impact on the Blue Lake Waste Water Treatment Facility (relating to the proposed quarry operation of Shiely). He said the STS Consultant Report also raises a number of issues. Because of this, Shiely has requested that the City postpone the decision as to whether or not an EIS is necessary for up to 30 days, or September 2, in order to provide additional information regarding groundwater and vibration impacts. He said staff feels it would be appropriate to postpone comment in order to provide appropriate responses to all comments and making a recommendation as to whether or not an EIS is required. Sweeney/DuBois moved to table discussion of the Environmental Assessment Worksheet (CAMAS Minnesota, Inc., Shiely Division) until the September 2, 1997, meeting. Motion carried unanimously. The regular order of the agenda was resumed beginning with 14.A.2.) Authorize Advertisement for Public Works Maintenance Worker. Mr. Loney requested authorization to advertise for a Public Works maintenance worker to fill a current vacancy that was included in the 1997 budget. He said this would be a new position that was approved but not yet advertised for this year. He said because of an additional nine miles of A Official Proceedings of the August 5, 1997 Shakopee City Council Page -9- City sewer and turnbacks from MnDOT and Scott County turnbacks totaling four miles of additional roadway, and an increase in streets and sewers for 1997, this additional position is warranted. Zorn/Link moved to authorize the City staff to utilize the Scott County Personnel Department to hire one maintenance worker for the Public Works Department. Motion carried unanimously. Mr. Loney said the installation of a street light at the intersection of McKenna Road and County Road 16 was previously discussed and staff was directed to develop a rural intersection street light and supporting costs policy. He said this has been completed and a policy is tentatively approved and was sent to Shakopee Public Utilities. He is awaiting comments before formal adoption. There are four criteria on whether or not a street light would be installed and who pays for the installation. Mr. Loney said he felt the street light was warranted and would meet criteria 2 and 3 where the property owners would petition to pay for the light. The request for a street light was made by the Shakopee Mdewakanton Sioux Community (SMCS) and they are willing to pay for it. The McKenna Road Project is nearing completion and the escrow funds (for the McKenna Road improvements) will be returned to the SMCS once the work is completed. Mr. Loney asked direction from City Council. Sweeney/Zom moved to remove discussion of the McKenna Road and CSAH 16 Street Light from the table. Motion carried unanimously. DuBois/Link moved to install a street light at the intersection of McKenna Road and CSAH 16, with the cost of the street light to be borne by the Shakopee Mdewakanton Sioux Community. Motion carried unanimously. Mr. Loney said that an inventory of all street signs in the City of Shakopee has taken place and entered on the AutoCad Base Map with the City and can be given to a Transportation Engineer for analysis. He also said that $4,000 was budgeted in the street division of the Public Works Department for a signage study to make sure they are up to date and in compliance with laws and law changes. In addition, he said he would like to look at a stop sign policy, school speed zone sign procedures, and signing improvements. One proposal is for $5,000 within the budget, with staff assistance, and another proposal is for the consultant to provide the scope of services to do a complete analysis of the street signage for $8,000. Due to limited staff time, Mr. Loney recommended the consultant do the entire project at a cost not to exceed $8,000. He said if staff is available this cost could be reduced as necessary. Link/DuBois moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the Transportation Signage Study at a cost not-to-exceed $8,000. Motion carried unanimously. Official Proceedings of the August 5, 1997 Shakopee City Council Page -10- Zorn/DuBois moved to direct staff to install stop signs on 4th Avenue at the intersection of Holmes Street and 4th Avenue. (Motion carried under the Consent Agenda.) Zorn/DuBois moved to authorize payment of $23,301 to property owners (for trunk sanitary sewer easements) in the case of City of Shakopee v. Gene F. Hauer et.al. (Motion carried under the Consent Agenda.) Mr. Loney said under the Sidewalk Replacement Program, an annual inspection is required in a different zone each year. A list of sidewalk complaints and deficiencies to be repaired is also required. He said a request was received to replace or repair sidewalk panels from property owners on 6th Avenue and Lewis Street. An annual inspection is planned this year for use toward next year's sidewalk replacement project. The sidewalks on Lewis Street were installed in 1988 and the replacement cost per ordinance is to be funded 50%-50% between City and property owners. Sidewalks on 6th Avenue would be funded 100% by the City, since 6th Avenue is listed as a collector and has been turned over to the City by the County. A waiver of assessment hearing from property owners is necessary in order to replace the Lewis Street sidewalks this year. If no waiver is received, the replacement would be incorporated in the 1998 Replacement Program. Staff proposes to replace only those panels on 6th Avenue that meet replacement criteria. Mr. Loney recommended that an annual inspection take place this year for implementing in 1998 and sidewalk defects that have been identified be replaced this year if waivers of assessment appeals are received by the affected property owners. He said there are sufficient funds in the 1997 Pavement Preservation Account to pay for the replacement work. Zom/Sweeney moved to direct staff to replace sidewalks as identified in the memo from Bruce Loney, Public Works Director, dated August 5, 1997, with payment from the Pavement Preservation Account (Clerk's Document No. 255). Motion carried unanimously. Mr. Loney said a change order for additional compensation in the amount of $2,245, for the final wear paving on the Downtown Alley Reconstruction Project has been requested. The final paving has been delayed over a year and bituminous prices have risen. He requested approval of the change order because the contract is at its contingency limit as previously authorized by Council. Link/DuBois moved to approve Change Order No. 7 to Killmer Electric, Inc. in the amount of $2,245, as submitted by Killmer Electric for the Downtown Alley Reconstruction Project. Motion carried unanimously. Official Proceedings of the August 5, 1997 Shakopee City Council Page -11- Zorn/DuBois offered Resolution No. 4710, A Resolution of the City of Shakopee to Name the Park in the Meadows 9th Addition as Meadows Park, and moved its adoption. (Motion carried under the Consent Agenda.) Zorn/DuBois moved that Julie Klima has successfully completed the probationary period for Planner II, and to award her permanent, full-time status in that position. (Motion carried under the Consent Agenda.) Zorn/DuBois moved to appoint Timothy Benetti to the position of Planner I, effective August 11, 1997, at Step 1 of the Pay Plan with an increase to Step 2 upon successful completion of the 6- month probation period. (He will be eligible for a pay increase to Step 3 on his first anniversary date, August 11, 1998.) (Motion carried under the Consent Agenda). Mr. McNeill reported that at the last City Council meeting Council approved the City contribution of in-kind services over the next five years totalling $30,000 for a local contribution match to assist Murphy's Landing for a Federal ISTEA. The following night Murphy's representatives approached the Lower Minnesota Water Management Orgainization (LMWMO) asking for $125,000 and were able to obtain$75,000 leaving them $50,000 short. Cncl.Link explained that Murphy's Landing officials requested $125,000 for the boat landing from the Lower Minnesota WMO and that LMWMO generously committed $75,000 to the project. This left Murphy's Landing short $50,000 so they looked at where they could make additional cuts. They are now $25,000 short. Cncl. Link told them that he would approach City Council for the additional $25,000 over five years, for the boat landing and the trail system. Mr. Bubul stated that it would be best to characterize this as an on-going annual commitment that you will make. There could be some question, if Council makes a firm commitment to make a $5,000 payment every year, that that is the equivalent of an obligation binding a future Council. It is better to charaterize this as an annual decision. Council can state that it is their intent to approve it every year. A discussion ensued as to how to structure the agreement to meet the matching funds for the grant. Mr. Bubul said that we could look into it. Zorn/Sweeney moved to approve an additional commitment of $5,000 per year for five years subject to annual review and beginning in 1999, to Murphy's Landing, contingent upon the ISTEA grant approval. Motion carried unanimously. Mayor Henderson said the Council is asked to consider whether to remove Don McNeil from membership on the Shakopee Community Access Corporation Board of Directors and the Cable Communications Advisory Commission. This was placed on the agenda after a question was raised as to whether Mr. McNeil continues to hold the confidence of the majority of the City Official Proceedings of the August 5, 1997 Shakopee City Council Page -12- Council. Because this involves an evaluation of Mr. McNeil's performance, a closed session may be held. However, this could be done in an open session if Mr. McNeil wishes. Any action to remove him would need to take place in open session. Mayor Henderson said that several issues have come up which he has attempted to work through with those involved. He said Mr. McNeil was non-responsive to his attempts to meet with him, and he feels that Mr. McNeil is not acting in the best interest of the City. After a brief discussion there was a consensus to continue discussion of this issue during an executive session. Zorn/DuBois offered Resolution No. 4709, A Resolution Amending Resolution No. 4540, A Resolution Adopting Assessments for St. Francis Regional Medical Center Sanitary Sewer and Trunk Watermain, Project No. 1995-2, and moved its adoption. (Motion carried under the Consent Agenda.) Zorn/DuBois moved to authorize the proper officials to execute the necessary documents to defeasance the 1993B Improvement Bonds and to use General Fund monies to make up any cash shortfall for the escrow account. (Motion carried under the Consent Agenda.) Mr. McNeill reported that the lowest quote for the removal of asbestos ceiling tile in the City Hall basement was received from EnviroBate Metro for $8,400. Replacement tile was not provided for previously and should be a City cost, rather than that of the SJPA. Removal also affects the storage area currently occupied by Parks and Recreation, and the lower level lobby area. A total of 2,800 square feet of tiles is to be replaced at $1.25 square foot. The total replacement cost is $3,500. Funding is to come from City Hall contingency. Mr. McNeill explained that because the tile grid is recessed from the surface, cutting to fit odd locations is more difficult and recommended that this be done by professionals as part of the SJPA contract. There would also be additional architectural costs estimated at between $200 and $400, depending on the actual time spent. He also recommended the City reimburse the SJPA for the tile replacement portion and that the architectural costs be billed separately to the City. DuBois/Link moved to accept the proposal of EnviroBate Metro for ceiling tile removal in the amount of$8,400. Motion carried unanimously. Zom/DuBois moved to direct the necessary ceiling tile replacement work to be incorporated into the SJPA contract, and authorize payment for actual time spent for added architectural services to JEA Architects for the ceiling tile replacement, and authorize Legend Technical Services to do air monitoring for $375/day. Motion carried unanimously. Official Proceedings of the August 5, 1997 Shakopee City Council Page -13- Zorn/DuBois moved to ratify a contract with Minnesota Teamsters Local 320 (Public Works) to begin January 1, 1997, through December 31, 1998, and further direct the appropriate City parties to sign the "Memorandum of Understanding". (Motion carried under the Consent Agenda.) Zorn/DuBois moved to approve a two year contract with Minnesota Teamsters Local 320 (Police) from January 1, 1997, through December 31, 1998. (Motion carried under the Consent Agenda.) Mr. McNeill reported that the proposed assessment agreement (with Scott County) for 1998 increased from $40,700 to $44,100 for 1997. The number of parcels in Shakopee was 5,685 last year and 6,305 this year. This is a 2.3% decrease per parcel cost. The Legislature also authorized an option to transfer Board of Review duties and powers to the County Board of Equalization permanently or for a specified number of years with a three year minimum. He recommended executing the assessment agreement. Sweeney/Zorn moved to authorize the proper City officials to execute the assessment agreement with Scott County for the 1998 assessment year in the amount of $44,100. Motion carried unanimously. A discussion ensued relating to the transfer of power. There was a consensus not to transfer the Board of Review duties and powers to the County Board of Equalization. Mr. McNeill said the Council was asked to consider a two year participation in the Scott County Sentence to Service Program which allows non-violent convicted offenders the opportunity to reduce their jail time by doing court supervised work programs. The cost to the City for two years would be $3,658 if all current participants renew. Since the first half of the payment would not be due until January 1, 1998, this could be budgeted in next year's operating budget. He recommended that the City participate. Zorn/DuBois moved to direct the City Administrator to reply that the City is interested in participating in the Sentence to Service Program. Motion carried unanimously. Cncl. Sweeney requested discussion of the City's performance evaluation program as an agenda item. He said that this was talked about a year ago and that evaluations are not done regularly. What is being done and is it meeting the expectations of the Council? There was a consensus that this will be an agenda item in the future. A recess was taken at 11:46 P.M. to conduct an executive session for the purpose of discussing a performance evaluation for Don McNeil. The meeting re-convened at 12:18 A.M. Official Proceedings of the August 5, 1997 Shakopee City Council Page -14- Zorn/Sweeney moved that Don McNeil, Chairman, be removed from his positions on the Shakopee Community Access Corporation Board of Directors and the Cable Communications Advisory Commission, and that written notice of said action be sent to the Board and Commission Acting Chair, Secretary, and Don McNeil. Motion carried 4-1 with Cncl. DuBois opposed. Sweeney/Zom moved to adjourn to Thursday, August 7, 1997, at 4:00 P.M. Motion carried unanimously. The meeting was adjourned at 12:20 A.M. Votiitk dith S. Cox ity Clerk Esther TenEyck Recording Secretary #/o CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: August 28, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 08/28/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the bill list is payment to Gateway2000 for three computers purchased as three individual units. Each unit is over $2, 000 and therefore a capital item but not listed in the budget as a capital item purchase . Total purchase was $8, 518 which is over the $5, 000 cut off for council action. This should have had council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $19, 773 .01. Action Requested Move to approve the bills in the amount of $212, 935 . 33 . 4 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/28/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 8,231 32,294 36 12 CITY ADMINISTRATOR 249,980 11,918 112,032 45 13 CITY CLERK 166,720 11,707 99,284 60 15 FINANCE 322,780 20,388 204,651 63 16 LEGAL COUNSEL 217,320 7,739 102,921 47 17 COMMUNITY DEVELOPMENT 451,290 40,956 221,504 49 18 GENERAL GOVERNMENT BUILDINGS 146,940 8,972 80,747 55 31 POLICE 1,703,140 133,858 1,074,169 63 32 FIRE 448,990 30,779 217,652 48 33 INSPECTION-BLDG-PLMBG-HTG 245,070 16,261 151,157 62 41 ENGINEERING 425,780 32,670 216,245 51 42 STREET MAINTENANCE 781,860 53,942 447,228 57 44 SHOP 126,540 11,890 73,740 58 46 PARK MAINTENANCE 350,420 28,374 181,647 52 91 UNALLOCATED 622,630 1,467 531,135 85 TOTAL GENERAL FUND 6,348,870 419,151 3,746,405 59 17 COMMUNITY DEVELOPMENT 496,770 206 241,028 49 TOTAL TRANSIT 496,770 206 241,028 49 19 EDA 140,580 22,665 74,267 53 TOTAL EDA 140,580 22,665 74,267 53 H 0 O. a 4 0 a a a a a a a a a a a a a aaa a a a a H H H H H H 1-4 H H H H H H H H H H H H H 0 X C4 w 0w aE 0 z 0 Z - w U 40 N CO 01 01 0 H N M N H M U1 CO U) Ill U l al L1 U1 CO t 0 l0 l0 U) � ry � Q 1 0 O O.--I d' C' V' V'V'C C V' V' V' U1 Z 0 In N a1 01 o N to U) N N Ln Ln 1.11 Ul Lc) Lc) U1 U) U) d• H 01 0 V' NNM d' V' 0 et, V' 0 0 0 0 0 0 0 0 0 0 M O m in al U) M M 0 M M O O 0 0 0 O O 0 0 O N H a) O O O M M H CO 00 0 0 000 0 0 M 0 O E. 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H W U1 M N N et. V} H O1 01 {/} t/} i/}H H--I H L}L } di? L}' N H N 01 H W 0) H VI. N V} VIL} Cn 0 E• Z C) Z wC13 >4 h E" • 0 H Cc. Z w Z a H Z • z 4 w 0 w Za 0 0 > w Zc Z 0 0. 0 W 0 La H m Z Z Z °.04 X H UEll H M Ua. 0 w H .a 0 ) xCn 4 Ca W 0 Z W ZZ 0 H H a' U W HH a IX a X 1 C4 0) O W 0 0Na H W W CO 0 E. W H U 0 H W Cs. Cr) a a 41 C) 41 X H d, M H tri r- O1 H 0 0 0 0 () 0 H H H N N M M V' H d' U) d' 0 H H M C W d' eN V' N N N 00 a H 3t 3t 3t 3t 3t 0t = 3t 3t 3t 3t = 3t 0000000 0 0 0 0 0 0 0 a z z z z z z z z Z z z z z O a a w w Cr. w a a. a a a cat. a I3, 6. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Eagle Ridge 1st Addition DATE: September 2, 1997 DISCUSSION James Development is requesting approval of the final plat of Eagle Ridge 1st Addition. The subject site is located north of County Road 16, east of Roundhouse Street and west of Sarazin Street. A copy of the August 21, 1997,Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the Final Plat of Eagle Ridge 1st Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Eagle Ridge 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Eagle Ridge 1st Addition. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended the approval of the Final Plat of Eagle Ridge 1st Addition, subject to conditions. ACTION REQUESTED Offer and approve Resolution No. 4727 approving the final plat with conditions.C2 . i/' Julie Klima Planner II i:\commdev\cc\1997\cc0902\fpegrdg 1.doc RESOLUTION NO. 4727 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR EAGLE RIDGE 1ST ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Eagle Ridge 1st Addition on August 21, 1997, and has recommended its approval;and WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY 1'HE:CITY COUNCIL OF'11LL CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Eagle Ridge 1st Addition is hereby approved subject to the following conditions: A. At the time of application for building permits and/or conditional use permit, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way, as required by the City Code. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Park dedication fees shall be required in accordance with the Park Dedication policy. Park dedication fees shall be paid in the amount of$750.00 per dwelling unit. Park dedication fees shall be paid at the time of building permit issuance. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. 5. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 6. The developer shall be responsible for payment of the stormwater trunk fees, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 7. No building permits shall be issued for the outlot until it has been replatted and combined with other properties so the area meets the City's design standards. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shake, MN 55379 EXHIBIT A Property Description All that part of the East three-fourths of the South one-half of the Southeast quarter(E3/4 of S 1/2 of SE 1/4) of Section Six(6),Township One hundred fifteen(115),Range Twenty-two(22),Scott County,Minnesota, lying northerly of the public road passing through said South one-half of the Southeast Quarter(S 1/2 of SE1/4)of Section Six(6),also described as follows: Commencing at the Northeast(NE)corner of the South one-half of the Southeast Quarter(S 1/2 of SE1/4)of Section Six(6),Township One hundred fifteen(115), Range Twenty-two(22),thence running west on the north line of said South one-half of the Southeast quarter (S 1/2 of SE1/4)one hundred twenty rods(120),thence turning at right angles and running south to the northerly line of the Shakopee and Credit River Road as now located and running through said land;thence running easterly on the northerly line of said road to the East line of said Southeast quarter of the Southeast quarter(SE1/4 of SE1/4)of Section six(6),thence running north on said east line about Seventy-one(71) rods to the place of beginning,containing about twenty(20)acres of land,more or less,except the following tract: Commencing at the Northeast corner of the South one-half of the Southeast one-quarter and running thence west along the North line thereof a distance of 1136.76 feet to the actual point of beginning;thence South at right angles a distance of 411.35 feet to a point on the North line of Hy. 16,thence Northwesterly along said North line of Hy. 16,a distance of 850.14 feet to its intersection with the said North line of South one-half;thence East a distance of 744.0 feet to actual point of beginning; all in Sec. 6,T. 115N,Range 22W. Containing 3.5 acres. q, CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Eagle Ridge 1st Addition DATE: August 21, 1997 Site Information: Applicant: James Development Firm, Inc. Location: North of County Road 16, east of Roundhouse Street and west of Sarazin Street Current Zoning: Multiple.Family Residential (R3) Adjacent Zoning: North: Prairie Bend PUD South: Medium Density Residential (R2) East: Prairie Bend PUD West: Highway Business (B1) Comp. Plan: 1995: High Density Residential Area: 19.45 Acres MUSA: The site is within the MUSA. Introduction James Development is requesting approval of the Final Plat for Eagle Ridge First Addition. The subject site is located south of County Road 16, east of Roundhouse Street and west of Sarazin Street (Please see Exhibit A). Considerations The Preliminary Plat for Eagle Ridge First Addition was approved by the City Council on August 5, 1997. The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat (Please see Exhibit B). • The Engineering Department has reviewed the submittal materials and has provided its comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Eagle Ridge First Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Eagle Ridge First Addition, subject to the following conditions: a) Prior to City Council review of the Final Plat the following actions must be completed: i) The final plat drawing shall show controlled access for County Road 16, as required by Scott County. b) At the time of application for building permits and/or conditional use permit, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way, as required by the City Code. c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements `of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Park dedication fees shall be required in accordance with the Park Dedication policy. Park dedication fees shall be paid in the amount of$750.00 per dwelling unit. Park dedication fees shall be paid at the time of building permit issuance. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. v) The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. vi) The developer shall be responsible for payment of the stormwater trunk fees, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. vii) No building permits shall be issued for the outlot until it has been replatted and combined with other properties so the area meets the City's design standards. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Eagle Ridge First Addition, subject to conditions and move its approval. OF / u 1_ '�1 Planner II i:\co mmdev\bona-pc\1997\aug21\fpegrdg 1.doc '" aria t."•.. 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W aPP '' k.(4.4 At ': ^0ov'n NR 1 N$ 2 ,,� ' y� ((v IJP C ' �Z�l 3 I aoe( • ;' ,F • .13 cc 9Ili 1k1 1 0heo io b' oi 1, r 6ey - D / c( z tier a!� Vri• ,-� ' .:‘,"-t..'k y. f r l ' cry ccurn,, cn-c,• cmanv4w� \i�LN� t .. Kvt� )' ••''.'1'.,.:.� I TairII xyC"f }aka j• , o"• p +r tt J • � ? �Jt''''f',1174.. J NK Ia CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Orchard Park West Planned Unit Development DATE: September 2, 1997 DISCUSSION Laurent Builders, Inc. has submitted an application for approval of Orchard Park West Planned Unit Development (PUD). The subject site is located west of Fuller Street and north of Highway 169, and is currently zoned Urban Residential (R-1B). The PUD proposes to contain single family detached dwelling units and twin home dwelling units. A copy of the August 21, 1997,Planning Commission staff memo has been attached for your reference. The applicant has proposed a street name of Prairie Spy Circle. Staff is recommending that as part of the Preliminary Plat application,the developer rename this street to provide a street name that does not conflict with existing street names within the City of Shakopee. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of Orchard Park West Planned Unit Development, subject to the listed conditions. The Planning Commission recommendation includes variations to lot width, front yard and side yard setbacks, reduced street width for public streets and reduced right-of-way widths. ALTERNATIVES 1. Approve the PUD request, subject to conditions. 2. Approve the PUD request, subject to revised conditions. 3. Deny the PUD request. 4. Table action to provide staff and/or the applicant time to provide additional information. ACTION REQUESTED Offer and approve Resolution No. 4728, appro g the Planned Unit Development with conditions. r �. uheKlma Planner II is\commdev\cc\1997\cc0902\pudopwst.doc RESOLUTION NO.4728 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#13,ORCHARD PARK WEST WHEREAS,the Estate of John M. Pieper is the owner of said property and Laurent Builders, Inc. is the applicant;and WHEREAS,the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Orchard Park West on August 7, and August 21, 1997, and has recommended its approval; and WHEREAS,all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Planned Unit Development Overlay District#13, Orchard Park West is hereby approved subject to the following conditions: 1. Prairie Spy Circle be renamed with the Preliminary Plat application to provide a name which does not conflict with existing streets within the City of Shakopee. 2. Net density for the development is limited to 3.81 dwelling units per acre overall. 3. Common open space areas shall be provided which are available and accessible to all residents of the development shall be required. A total of 10.4 acres of common open space shall be provided within the development. 4. The construction of twin homes shall be allowed in conformance with the PUD plan received by the City on July 28, 1997. 5. McIntosh Circle, McIntosh Court, and Regent Drive shall be constructed as private streets to the following standards: a) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet in length then a turnaround is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet Will not be turned over to the City in the future. b) Private Street. Defined as an access for units with more than one access. Minimum width 28 feet with parking on one side; or 32 feet with parking on both sides. Minimum setback from back of curb is 20 feet. Minimum 7 ton design. Will not be turned over to the City in the future. c) Private Street Jogs. Private street jogs (intersection less than 150 feet) are not allowed. 6. Vierling Drive will be constructed with a width of 50 feet face to face. Per City policy, the developer is responsible for paying the cost for the local street equivalent (36 feet wide face to face), and the City will pay for the oversizing. Because Vierling Drive is on the state aid system, the City shall have the option of constructing the street, and in such case the developer will be required to sign a waiver for the hearing for the Vierling Drive improvements. 7. The pond shall be revised so that the side slope grades are not steeper than 4:1. 8. An overlength cul-de-sac shall be allowed to provide for the construction of Harvest Lane to the western boundary of the PUD. 9. Approval of the PUD does not constitute approval of the development plan depicted for the property labeled as"exception". The development of the exception piece shall require a separate review process. 10. The following variations shall be approved for the PUD: a) A minimum lot width of 55 feet. b) A front yard setback of 20 feet. c) Side yard setbacks of 5 feet on the garage side and 10 feet on the remaining side yard. 11. Sidewalk/trail construction shall be required along Vierling Drive in accordance with City policy. 12. Shared driveways shall require review and approval by the Board of Adjustment and Appeals (BOAA). 13. The landscape plan shall be reviewed for compliance at the Preliminary Plat review. 14. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 15. Public streets will have a minimum width of 32 feet face to face. 16. Public streets within the development will have a right-of-way width of 55 feet for local streets and 80 feet for Vierling Drive, as required by the City's design standards. 17. The drawings shall be revised to show the private street areas as part of the larger outlots. All private streets shall be maintained by the association for the development. The private streets shall always remain private, and shall not be turned back to the City in the future. 18. All lots abutting a private street must be within a Common Interest Community (CIC). 19. The "temporary" cul-de-sac at the end of Harvest Lane shall meet the City's design criteria for"permanent" cul-de-sacs. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Planned Unit Development and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT A The Southeast Quarter of the Southeast Quarter and the South half of the Northeast Quarter of said Southeast Quarter both in Section 12, Township 115, Range 23, Scott County, Minnesota. EXCEPT that part embraced within Minnesota Department of Transportation Right-of-Way Plan No. 70-2 and EXCEPT that part of said Southeast Quarter described as follows: Commencing at the southeast corner of said Southeast Quarter of Section 12, Township 115, Range 23; thence northerly, along the east line of said Southeast Quarter, a distance of 990.58 feet to the pint of beginning of the land to be described; thence deflecting left 90 degrees a distance of 554.50 feet to the west line of the east 554.50 feet of said Southeast Quarter, a distance of 400 feet; thence deflecting right 90 degrees a distance of 554.50 feet to said east line of the Southeast Quarter; thence southerly, along said east line of the Southeast Quarter a distance of 400.00 feet to said point of beginning. J+ CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Orchard Park West Planned Unit Development (PUD) DATE: August 21, 1997 SITE INFORMATION Applicant: Laurent Builders, Inc. Location: West of Fuller Street and north of Highway 169 Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North Urban Residential (R-1B) South Shakopee Bypass Right-of-Way East Urban Residential/Medium Density Residential (R-1B/R2) West Urban Residential (R-1B) INTRODUCTION Laurent Builders, Inc. has submitted an application for approval of Orchard Park West Planned Unit Development (PUD). The subject site is located west of Fuller Street and north of Hwy. 169, and is zoned Urban Residential (R-1B) (Please see Exhibit A). The 1995 Comprehensive Plan guides this area for Single Family Residential use. The public hearing for this request was opened at the July 24, 1997, Planning Commission meeting and continued to the August 7th meeting. Following the discussion at the August 7th meeting, the item which will require Planning Commission attention prior to taking action is street and right-of-way width. The Engineering Department has drafted a memorandum discussing the issue of reduced street and right-of-way widths. That memorandum has been included with this packet for the Commission's reference. The proposed planned unit development contains 94 twin home dwelling units and 78 single family detached homes. The size of the subject site is 51.6 acres for a density of 3.81 dwelling units per acre(Please see Exhibit B). The applicant has requested the following variations as part of the PUD approval. Right-of-Way width 50 feet (60 feet required) Street width 32 feet face to face (36 feet face to face) Lot width 55 feet (60 feet required) Front setback 20 feet (30 feet required) Side yard setback 10 feet; 5 feet garage side (10 feet required) Rear setback 20 feet (30 feet required) The Commission should discuss the advantages/disadvantages of the proposed variations. Please see Exhibit D, Comments from the Engineering Department, for further information regarding the right-of-way and street width variances. With respect to the variances to lot width and setback requirements, the Commission should evaluate if the requested variances meet the objective of providing the development with a sense of community, as well as evaluating other issues such as home design, etc. for the proposed development. Staff has included draft conditions of approval related to the proposed variations. CONSIDERATIONS 1. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is "to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". 2. The draft 1995 Comprehensive Plan has designated this area for single family residential development. The property, being zoned Urban Residential (R-1B), allows for a maximum density of 5 dwelling units per acre, excluding right-of-way. 3. The PUD proposes the construction of private streets. McIntosh Circle, McIntosh Court, and Regent Drive are proposed to be private roadways. All other roadways would be public. Therefore, the City would be responsible for the maintenance and ownership of these public roadways. 4. Section 11.50, Subd. 4 requires that a PUD designate 20% of the project area as open space. Open space is common area that can be accessed and utilized by all residents within the development. Open space shall not include any impervious surface (such as ponding or drainage areas). Therefore, the developer is required to provide 10.32 acres of open space. The developer has indicated that 10.4 acres of land is being designated as open space. Please see the attached Exhibit C for the PUD open space plan. 5. The drawing submitted provides for a five (5) acre exception to the subject site. This site is currently a homestead and is not proposed for development at this time. The applicant has provided a"sketch" illustrating possible future development. The Commission should be clear that its review, at this time, does not include the exception parcel. Any future development of the exception site would require review via the subdivision process and/or PUD amendment. 6. The Engineering Department has reviewed the proposal and has provided comments that have been attached as Exhibit D. Specific recommendations from the Engineering Department have been incorporated into the draft conditions of approval. 7. The PUD/plat drawing currently identifies County Road 77 along its eastern boundary and TH101 along its southern boundary. The drawing should be revised to read Fuller Street rather than County Road 77 since the County has turned this roadway back to the City. The drawing should also be revised to identify Highway 169 not TH 101. 8. "Haralson Circle" must be renamed, as a street by a similar name already exists within the City of Shakopee. 9. The site has levied assessments for the VIP Interceptor, as well as pending assessments. A VIP connection fee also pertains to this site and must be paid prior to the recording of the Final Plat. 10. Scott County Environmental Health has commented that ponding areas should be lined in such a manner that significantly reduces infiltration of surface water runoff. 11. The Building Official has commented that private utilities will require separate permits and inspections from the Building Department. He has also commented that building construction and sewer and water services will be reviewed for compliance at the time of building permit application. 12. Park dedication information for this development will be addressed at the Preliminary Plat review stage 13. Sidewalk/trail construction shall be required along Vierling Drive, consistent with City policy. 14. The twin home portions of the development appear to utilize shared driveways. These shared driveways will require review and approval by the Board of Adjustment and Appeals. ALTERNATIVES 1. Recommend to the City Council the approval of Orchard Park West Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Orchard Park West Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Orchard Park West Planned Unit Development. 4. Continue the public hearing to allow the applicant the time necessary to provide staff with further information and make the needed revisions to the Planned Unit Development. 5. Close the public hearing and table a decision in order to allow the applicant and/or staff time to provide additional information. STAFF RECOMMENDATION Staff recommends approval of the Orchard Park West Planned Unit Development, subject to the following conditions (Alternative No. 1): 1. Prior to City Council review of the PUD, the PUD plan shall be revised to: a) The temporary access shown at the end of Harvest Lane should be eliminated and shall be replaced with a temporary cul-de-sac. b) County Road 77 shall be revised to Fuller Street. c) TH101 shall be revised to Highway 169. d) Haralson Circle shall be renamed. 2. Net density for the development is limited to 3.81 dwelling units per acre overall. 3. Common open space areas shall be provided which are available and accessible to all residents of the development shall be required. A total of 10.4 acres of common open space shall be provided within the development. 4. The construction of twin homes shall be allowed in conformance with the PUD plan received by the City on July 28, 1997. 5. McIntosh Circle, McIntosh Court, and Regent Drive shall be constructed as private streets to the following standards: a) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet in length then a turnaround is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet Will not be turned over to the City in the future. b) Private Street. Defined as an access for units with more than one access. Minimum width 28 feet with parking on one side; or 32 feet with parking on both sides. Minimum setback from back of curb is 20 feet. Minimum 7 ton design. Will not be turned over to the City in the future. c) Private Street Jogs. Private street jogs (intersection less than 150 feet) are not allowed. 6. Vierling Drive will be constructed with a width of 50 feet face to face. Per City policy, the developer is responsible for paying the cost for the local street equivalent (36 feet wide face to face), and the City will pay for the oversizing. Because Vierling Drive is on the state aid system, the City will be constructing the street, and the developer will be required to sign a waiver for the hearing for the Vierling Drive improvements. 7. The pond shall be revised so that the side slope grades are not steeper than 4:1. 8. An overlength cul-de-sac shall be allowed to provide for the construction of Harvest Lane to the western boundary of the PUD. 9. Approval of the PUD does not constitute approval of the development plan depicted for the property labeled as"exception". The development of the exception piece shall require a separate review process. 10. The following variations shall be approved for the PUD: a) A minimum lot width of 55 feet. b) A front yard setback of 20 feet. c) Side yard setbacks of 5 feet on the garage side and 10 feet on the remaining side yard. 11. Sidewalk/trail construction shall be required along Vierling Drive in accordance with City policy. 12. Shared driveways shall require review and approval by the Board of Adjustment and Appeals (BOAA). 13. The landscape plan shall be reviewed for compliance at the Preliminary Plat review. 14. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 15. Harvest Lane will have a minimum width of 36 feet face to face, as required by the City's design standards. 16. Public streets within the development will have a right-of-way width of 60 feet for local streets and 80 feet for Vierling Drive, as required by the City's design standards. 17. The drawings shall be revised to show the private street areas as part of the larger outlots. All private streets shall be maintained by the association for the development. The private streets shall always remain private, and shall not be turned back to the City in the future. 18. All lots abutting a private street must be within a Common Interest Community (CIC). 19. The"temporary" cul-de-sac at the end of Harvest Lane shall meet the City's design criteria for"permanent" cul-de-sacs. ACTION REQUESTED Offer and approve a motion recommending approval to the City Council of the Orchard Park West Planned Unit Development, subject to conditions. u ie Kli !/ 'lanner II i:\c o mmdev\boa a-pc\1997\aa g0 7\pu dopws t.doc Rosa �.,, �1 u� • ��� 96 V iI mss'or �i • EXHIBIT,A . ina _ CQQ�1 •• INFA e�� �,�.13k !Inn IP �: ramsow 8 ill C _' col iO Q mi li. Ng Ks arm Cil 021 1131-1111 co :1111: I'M:. :1111: ■11$ I, E :r.•:y}' •::Y.:r+: :f. . �_ _- la I M M �� .�=. ..�VIA � •1/111=1=7.= 11. t Mai Mai �.mi _etami 1111E1. �� .....e. �.� 25� QEh; ma= �E� Sin Sim am _� = =� �� =.„ � = . zin _ R3 '' a at la E am em :11 SII:L- !11:13 ant fo E, .M1,; ^° ?..e-"' - "� += O 113 y I I ?` Some eat+ 2 1 Y +,. 'aim I W MIME "Ill ' ' I 1 0- Is � 611 I e 121..11 s � P.O04/1 Zili i Fax Ni deg! 11 S MI is ga__ i il sE( FES I �. . z I\ 1 z 19 Regill =c N ai ums raw ‘R 4 a- ' Nr . .* ' 7WEW e - ftian iro , a _iL__‹---, �� 4,b , , I � __ — SUBJECT SITE I I I - • _EG" 1 D IPI ; R1B ! - �CI4 • - • �cr c_ t' /1/BR.,ESuRN y �� � I RP . �.;rcl ?e :fie^t.. MI • -, Lc,..v ^e-..s::1 - • ,�LANEmiassw - 't rbc s es:c:e... moi`_ _P— I ; (EXHIBIT D City of Shakopee U UR _ . '!z2I Memorandum-Revised 1 1991 TO: Julie Klima, Planner II FROM: Joel Rutherford, Assistant City Engineer SUBJECT: P. U. D. Application- Orchard Park West DATE: July 30, 1997 This memo is a revision of my previous memo, dated July 18, 1997. I have revised my memo to include comments regarding the right-of-way variances requested. Typically, the review for a P. U. D. application by the engineering department includes an evaluation of any variances of the street design standards (including right-of-way) that are requested, how the development "fits" with the nearby utility and road systems, standards for any proposed private streets (since private street standards have not yet been established by the City) and a preliminary evaluation of whether the development will impact wetlands. Request for Street and Right-of-Way Width Variances Street Width The applicant is requesting a street width variance from 36' face to face, to 32' face to face. Along with the two 32' face to face streets (Harvest Lane and Harvest Court), the applicant also shows the following proposed street widths on the drawings: 35' face to face for the three cul-de-sacs north of Vierling Drive; 44' face to face for Vierling Drive; and 28' face to face for McIntosh Circle, McIntosh Court, and Regent Drive. The 35' face to face streets must be revised to 36' face to face, in order to meet the current City design standards for a local street. However, the Subdivision Review Committee has discussed the option of allowing certain local streets to be reduced to 32' if they serve less than 40 lots, as determined by the City Engineer. Based on this criteria, it appears the only public local street that would be required to be 36' would be Harvest Lane. Harvest Lane will be a public street that will serve approximately 120 homes. Several of these homes will have driveway access onto this street. Because of the setback and right- of-way variances requested, the driveways will most likely be shorter. With less room for cars to park in the driveways, more cars will park in the street, which makes access for emergency vehicles more difficult. Also, if the street in this development is 32', it would be expected that the development west of this development would also propose a 32' wide street. Because of the number of homes served by the street, and because of anticipated access problems for emergency vehicles, staff is recommending that the variance for street width not be approved for Harvest Lane. Vierling Drive must be revised to 50' face to face, in order to be consistent with other sections of Vierling Drive that are in similar residential developments. The revised drawings show a cul-de-sac at the end of Harvest Lane, which would be considered as an overlength cul-de-sac. Based on recent developments (i.e. Shanendoah Place), the City has allowed temporary overlength cul-de-sacs for situations similar to that of Orchard Park West. This cul-de-sac shall be built to City standards. Right-of-Way The City's standard street width, right-of-way width, and front yard setback allow a minimum distance of approximately 42' from the face of the curb to the garage. The proposed development, with the requested variances, would provide a distance of approximately 29'. If a car parked in the driveway takes up 20', the affect on off-street parking is substantial, because instead of being able to park 4 cars in a driveway, a homeowner can only park 2. Changing the standard street width, right-of-way width, and setbacks will reduce the amount of landscaping area available. If a 36' wide street is installed in a 50' right-of- way, less than 7' is left between the back of curb and the property line. With an additional 10' required on the inside of the lot for a drainage and utility easement, 17' is available of each side of the street for gas, electric, telephone and cable TV. Typically, the utility companies run their main lines along both sides of the street, because of the costs of crossing the street. With the proposed setback of 20', only 10' is available for landscaping between the utility easement and the front of the house. From a city maintenance standpoint, the distance between the curb and the house does not matter much. However, other utilities may be affected because of the limited amount of room available for them to install and maintain their utilities. It is staff's opinion that other utilities would want to see the standard right-of-way width and easement width along the street. Access/Connections to Adjacent Streets As part of the preliminary plat review, the alignment of Vierling Drive will be evaluated to insure the adequacy for the future connection to County Road 15. Other than Vierling Drive, only one connection (Harvest Lane) is proposed to adjacent properties. Because of the existing uses for the adjacent properties, no other connections to these properties is recommended. (Note: although the developer has not requested a variance for the street centerline radius, it appears the street centerline does not meet the design standard of 200' (minimum) in three areas (at the end of Harvest Lane,Haralson Circle, and Cider Circle). Staff recommends that no variance be allowed for minimum street centerline radius. The south side of the development abuts the new Trunk Highway 101. The developer is proposing a berm along the southerly edge of the development to mitigate the sound from the highway. Adjacent to the development on the east side is Fuller Street (old County Road 77). The developer is also proposing a berm along the easterly edge of the development, where needed, to mitigate the sound from this street. The north side of the development is the upper valley drainage ditch. The applicant has provided the estimated trip generation for the site. Based on these projections, staff believes that no additional improvements are needed at the intersection of Vierling Drive and County Road 77 to handle the projected traffic. Private Streets It is my understanding that McIntosh Circle, McIntosh Court, and Regent Drive are to be private streets. Lots on non-public streets is allowed if they are within a common interest community. The following is a general list of criteria that has been discussed by staff and the SRC members regarding proposed changes to the code or design criteria: • Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required (cul-de-sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. Private Street Jogs. Private street jogs (intersections less than 150') are not allowed. Using these standards, a turn-a-round would be required for McIntosh Court. Attached are is a copy of Eagan's design details for private street turnarounds. Shakopee has used these details as a guide for developments that propose private streets. McIntosh Circle is assumed to be a private road. It appears that right-of-way is shown along this street. If it is shown as an outlot there may be problems later on if the property taxes are not paid and the parcel becomes tax forfeiture property. Typically, the City has required private streets for residential properties to be part of a larger parcel, so that it is less likely to become tax forfeiture property. The private property shows islands which would be within the private property areas, and would be maintained by the association. The future platted area shows an island that appears to be in public right-of-way. This proposal be reviewed at the time of future platting. Utilities The developer has provided preliminary information regarding servicing the site with sewer, water, and storm sewer. The applicant will need to work with the Shakopee Public Utility Commission to insure the plat meets their requirements for the layout of the watermain. The applicant has provided a stormwater management plan which shows the peak outlet rates from the pond comply with city standards. The pond data indicates side slopes of 3:1. The City has been requiring side slopes that are no steeper than 4:1. Staff is recommending the applicant revise the drawings to show 4:1 pond slopes, as part of the preliminary plat application. Wetlands Thea applicant has provided information which indicates no jurisdictional wetlands exist on PP the property. A certificate of exemption must be applied for, with a$75.00 filing fee. Recommendation Recommend approval of the PUD, subject to the following conditions: 1. The variance for 32' width (face to face) streets is not approved for Harvest Lane. 2. Public Streets within the development will have a right-of-way width of 60 feet for local streets and 80 feet for Vierling Drive, as required by the City's design standards. 3. The drawings shall be revised to show the private street areas as part of the larger outlots. All private streets shall be maintained by the association for the development. The private streets shall always remain private, and shall not be turned back to the City in the future. 4. If private streets are included, the lots abutting the private streets must be within a common interest community (CIC). 5. The following design criteria will be used for the private streets within the development: Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required (cul-de-sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. Private Street Jogs. Private street jogs (intersections less than 150') are not allowed. 6. Vierling Drive shall be constructed with a street width of 50'. Per city policy, the developer is responsible for paying the cost for the local street equivalent (36' wide face to face), and the City will pay for the oversizing. Because Vierling Drive is on the state aid system, the City will be constructing the street, and the developer will be required to sign a waiver for the hearing for the Vierling Drive improvements. 7. The"temporary" cul-de-sac at the end of Harvest Lane shall meet the City's design criteria for"permanent" cul-de-sacs. 8. The approval does not include the features included in the exception area labeled as "future". 9. The pond shall be revised so that the side slope grades are not steeper than 4:1. • PRIVA1 E STREET TURNAROUNDS -- . EAGAN FIRE DEPT. POLICY }--- 609-4- 609-01 ACCEPTABLE ALT. TO 20 T 120' HAMMERHEAD 72' DIA. CUL-DE-SAC Z 60*T 25'R)\ 5 }�D� TYP. 5'R. ' TYR 72 25 R. TYP. , 70 2 R �- 25'R. T TYP. • -e- Li-VARIES -`- -'-VARIES -6- -•-VARIES -6- 4--VARIES 120' ACCEPTABLE ALT. TO HAMMERHEAD 120' HAMMERHEAD 72' DIA. CUL-DE-SAC Q` WITH CENTER ISLAND 20' 0 F-F NOTE: WIDTH OF PRIVATE STREETS25'R. VARY FROM 20 TO 28' 2 TYR WIDE F-F. VARIES REVISED standard city of eagan PRIVATE STREET plate ;r* : ,. PUBLIC TURNAROUNDS 3 - 94 590 $ ��: ; woRxs DEPARTMEN CITY OF SHAKOPEE Memorandum To: Mark McNeill, City Administrator FROM: Terry Link, Fire Chief SUBJECT: Street width DATE: 8/24/97 INTRODUCTION: It has come to our attention that several new developments are considering street widths under 36 feet. The Shakopee Fire Department finds street widths of 32 feet or less to be inadequate, using commonly available equipment and proven progressive fire fighting tactics. DISCUSSION: Today's accepted interior fire fighting tactics require multiple apparatus be in close proximity to each other and possibly pass each other on the street to lay lines to the attack pumper or a supply pumper. Equipment and ladder trucks frequently need to be next to each other to create a safe and efficient scene. OSHA standards require two attack lines be charged and ready with personnel before an interior attack can be started. This requires multiple apparatus to meet at the scene to provide adequate manpower and establish a water supply. Ladder trucks and heavy rescues must also be in immediate proximity to the scene to provide all of the needed resources. The Uniform Fire Codes adopted by the state of Minnesota clearly state that the unobstructed street access (no parking or snow accumulation)width must be a minimum of 20 feet. The fire chief is allowed to increase this width when in his opinion it is not adequate to provide fire apparatus access. NFPA(National Fire Protection Association)Fire Standards which we reference for our day to day operations require roadways to be not less than 30 feet wide if parallel parking is allowed on one side, and not less than 36 feet wide if parallel parking is allowed on both sides (NFPA 1141 Section 3-1.6). These are nationally recognized standards which we try to follow in cases such as this. With commonly available fire apparatus a minimum street width of 36 feet is required to provide a safe and efficient scene. This width allows two fire apparatus to pass each other(to establish water supply or ladder operation) or set up side by side. This width barely allows for street car parking on both sides of the street. A car on each side of the street removes approximately 14 feet of width. Snow accumulation removes approximately 2 feet of width per side. Approximately 18 feet of street remain. Modern fire apparatus are approximately 106" wide. Two apparatus side by side are over 17 feet across without any space between them. If street width is reduced, even with no parking regulations or covenants, street parking will happen and we will be in a compromised position for emergency response. It is common for fire departments to build fire apparatus specific to an existing hazard or condition which already exists such as narrow streets in an old or historic community. It does not make sense to create a new hazard or condition which makes current commonly available and multiple use apparatus less effective. RECOMMENDATION: We find the recommendation of the Shakopee Planning Commission which would allow 32 foot streets with parking on both sides and 28 feet with parking on one side to be unacceptable. This configuration would not follow nationally recognized NFPA standards. With accumulation of snow on both sides of the street would make the street width inadequate for standard fireground operations. The Shakopee Fire Department recommends that the City of Shakopee maintain the 36 foot minimum street width. . P cn g LL g x ¢ ! p R r ff x's g JJ 1 1 ' 4 yp5 2- 1 1 y^, r W I i 1 z� kikg 6 z 1^�r W - 1) -I : a '-72 a • ; .7; g-qqi .8.'0.2 . 2 D 175d 4 _^ Al }_ igi llpiV 4 P a gggi !eiln§ b 7t. yi{ Y1 \.\ \\ I,� o 1 .If I •11 ;`- Vi•ii CI --- • liiraMenni - " i• ,, "' -- • • . 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CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Dasher Board Advertising (Arena) Date: August 26, 1997 INTRODUCTION At the August 19, 1997 City Council Meeting, Council tabled the dasher board advertising proposal for additional information from staff. The City Council directed staff to provide information to the following questions: 1) Has all banner advertising space for the south wall of the ice arena been sold? 2) How much does it cost to advertise on the south wall of the arena?and 3) What impact will advertising on the dashers board have on the sales for banner advertising on the wall? BACKGROUND 1.Has all of the banner advertising for wall space been sold? Eight of the ten available spaces for 1997 have been sold. 2.How much does it cost to advertise on the south wall of the arena? Advertising is sold at a rate of$500 per year or$800 for two years,plus the cost of the banner. All eight clients have indicated they will renew their advertising agreements. The cost to advertise on the dasher boards is $1000 per year. 3. What impact will advertising on the dashers board have on the sales for banner advertising on the wall? At this time, staff does not know what impact advertising on the dasher boards will have on the sales for banner advertising on the wall. However, staff does not feel banner advertising will be significantly affected by the dasher boards sales. We believe Shakopee has a growing and thriving commercial business climate which will enhance the potential for selling advertising space,whether it be on the walls or on the dasher boards of the ice arena. ACTION REQUESTED If Council is satisfied with staff's answers to the questions, and it concurs with conditions of the agreement outlined in Mr. Stellmaker's memo of August 8, 1997, it should, by motion, move to direct staff to draft an agreement between the City and the Shakopee Hockey Association which will allow advertising to be sol, on the dasher boards in the ice arena. i Mar 'J. Mc•uillan Parks and Recreation Director CITY OF SHAKOPEE CONSENT Memorandum To: Mark McQuillan, Director of Parks and Recreation vgQl� From: Ron T. Stellmaker, Facility Manager Subject: Dasher Board Advertising(Arena) l314 Date: 8/5/97 � 1�� INTRODUCTI,I The Shakopee Hockey Association and staff have been discussing the possibility of a joint venture between the Association and the City/Community Center in regards to selling and displaying advertising on the dasher boards in the Community Center hockey arena. BACKGROUND Currently in the arena there is banner advertising on the south wall of the arena. All sales and installation of these ads where conducted by staff. The ads involved in this agreement would be placed on the dasher boards and would have a Plexiglas cover. This type of advertising is becoming a very popular form of advertising in many other local arenas. It has proven to be another good source of income for these arenas. The proposed agreement would contain the following conditions. 1. Shakopee Hockey Association would purchase the plexiglass cases for the ads. ($135.00 each) 2. The Association will sell and promote the ad space. 3. No Staff time involved or cost to the Community Center except for installation time. 4. 60/40 split of total sales revenue. The City would receive 60%of total revenue and the Association would receive 40%of the total revenue for their efforts. 5. The ads would be sold for$1,000.00 per ad,per year. 6. The agreement would be for one year and negotiable for the following year. u ,r• •- • . , Overall this would be a win, win deal for the City and the Hockey Association. There is no risk involved for the City/Community Center due to the fact that the Hockey Association is purchasing all the supplies and selling the ads. At the July meeting of the Parks and Recreation Board,the board recommended to the City Council to approve a dasher board advertising agreement with the Shakopee Hockey Association. ALTERNATIVES 1. Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. 2. Do not have advertising on the dasher boards in the Community Center Arena. 3. Table information pending further information from staff. STAFF RECOMMENDATION Staff recommends alternative#1 ACTION REQUESTED Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Prairie Bend Park Project Date: August 26, 1997 INTRODUCTION At the June 17, 1997 City Council Meeting, Council approved the hiring of Brauer and Associates, Ltd. to prepare design, construction, and bid documents and post design services for the Prairie Bend Park Project. Council also noted the amount of work to be done will depend upon the bids and quotes received. BACKGROUND Initially, the consultant estimated the entire project to cost about$192,877. This figure was based on similar projects the consultant had done in other cities. Staff did point out the figures were high and if the City's Public Works Department was available to do some of the work, the overall project costs could be significantly reduced to less than $150,000. Rather than bidding this project through a general contractor, who would subcontract portions of the project to other contractors, staff directed the consultant to prepare bid packages by project type. By using this method,the general contractor is eliminated and the city saves between 10% and 15% of the project value. See July 30, 1997 memo from Brauer and Associates on Attachment A. The Public Works Department also volunteered to participate on this project which further reduced our cost. Brauer and Associates, Ltd. obtained bid proposals for various work items. The work items are categorized into ten different packages; concrete work for the playground equipment, asphalt work for the trail and basketball court,planting trees, color coating the basketball court, backstop fencing,playground equipment for children ages 5-11, playground equipment for children ages 2-5, auxiliary play equipment, benches and picnic tables and construction management. The consultant recommends bidding the fencing project and therefore, we should deduct $2,500 from the total package. See correspondence from Brauer and Associates on Attachment B which summarizes the proposals received. The total for the work listed above amounts to $100,275.34 (minus the fencing). As the consultant indicates in Attachment B, there will be approximately $2,000 in expenses for minor items which he is waiting to receive quotes for. The consultant's fee for the preparation of the design, construction and bid documents and post design services is based on 7.5% of the construction value. The estimated value of the project at this stage is $120,000. Consultant's fee $7,200. See invoice on Attachment C. PROJECT SUMMARY To move this project along, staff is recommending the approval of the following work items: ITEM AMOUNT VENDOR Concrete: $ 8,716.00 Jim Clausen Co. Asphalt: $24,656.00 Prior Lake Blacktopping Planting: $11,850.00 Minnesota Landscaping Color Coating: $ 1,361.70 Tennis West Fencing: $ 6,340.00 Midwest Fencing (to be re-bid) Benches/Tables: $ 6,501.74 Park& Plasza Products Kompan Play: $ 8,744.90 St. Croix Recreation(play equip. Ages 2-5) Landscape Play: $18,995.00 E.F. Anderson(play equip. Ages 5-11) Auxiliary Play equip:$12,110.00 E.F. Anderson(hoops, riders, swings,install) Constr. Management: $ 3.500.00 Brauer&Associates, Ltd. $102,775.34 City work includes earthwork, sand for playground and volleyball court areas, sod and seed, site surveying, drainage pipe installation, horseshoe court, backstop installation and miscellaneous supplies and labor: $16,000.00. Consultant's Fee: $7,200.00 Total project cost: $120,775.34 (constr.)+ $7,200 (consult. Fee) = $127,975.34 ALTERNATIVES 1. Authorize the appropriate City officials to execute documents as necessary with the vendors and Brauer and Associates, Ltd. and the Shakopee Public Works Department for the construction of Prairie Bend Park at the current amount of$119,635.34. 2. Select different contractors to perform the work 3. Bid the project out again. 4. Table action pending further information from staff. ACTION REQUESTED Move to authorize the appropriate City officials to execute documents as necessary with the vendors and Brauer and Associates, Ltd. and the Shakopee Public Works Department for the construction of Prairie Ben.Hark a the jj. ount of$119,635.34. Ma J. McQuillan Parks and Recreation Director I BRAUER & ASSOCIATES TEL No .6128329475 Jul 30 ,97 7 :42 No .001 P .01 LAND USE PLANNING AND DESIGN P., -.:...:V=:`, 'A%.ni',?` :V ttwft,A, ,, ,,,,., ;4, ,,,EP' A- 4< A$SOC1ATES, LTD Date: July 30, 1997 To: Mark McQuillan, City of Shakopee From: Jeff Schoenbauer, Brauer&Associates, Ltd. Re: Prairie Bend Park Site Development Mark, As per our last discussion,we will prepare the bid package for bidding the project by work type,thus eliminating a general contractor from the project. Based on my experience with this approach,it is my expectation that the city will save between ten and 15%of the project value by not paying for a contractor to act as the general contractor.Assuming that approximately$1 10,000 remains in the budget for construction,this should result in an up-front savings of$11,000 to$16,500, minus additional fees for our time in taking on a greater role in managing the construction process. In addition, seeking direct quotes from contractors rather than using a bidding process most often results in lower bid prices from the contractors because the project is more straight forward and predictable. Alt-in-ail, it seems very worthwhile to undertake the project in this manner. With respect to our additional fees for managing the construction, I propose a not-to-exceed hourly fee of$3,500.This would include site observation beyond that which is covered in our current contract,coordination of contractors, interpretation of questions in the field,working in the field with the surveyor on an as needed basis,and processing and administration of each of the contracts for ' work to be completed. With respect to bidding, I need to know the exact budget for the project as it stands today. Knowing this will be helpful in preparing the bid packages and making recommendations related to priorities. Please call.if any questions. Thank you. . Sincerely, i/ ":,/ , 4 , . I''•. •,nbaue', • '• • nt 7301 Ohms Lane,Suite 500 Minneapolis,MN 55439 7e1(612)832-9475 Fax(612)832-9542 BRAUER & ASSOCIATES TEL No .6128329475 Aug 27,97 9 :30 No .002 P .01 LAND USE PLANNING AND DESIGN ' . 19ch • • /9/eft-II- 61• • • Date:. •August 27, 1997 • . To: .,Mark McQuillan, City of Shakopee • •From: Jeff Schoenbauer,'Brauer&Associates, Ltd. Re:. ' . Prairie Bend Park•Site Development-Quotes for Construction Work Mark,the following table summarizes the bids/quotes we received for the five packages we sent out • for the various work items. Our estimated amount is included for reference: • • r t ` � .r Estimated Amount taw Bidder#1 Low Bidder #2 Proposal#1-Concrete . • 9,782:00 • 8,716.00 14,528.00 �'��,yj,�I, V} . C. f (s hy.vAK vn�.r e .. Y ..kr.r♦ ..ur.. ' jlm Clausen Aingoni Brothers s Proposal#2.Asphalt • 27,564.00 24,656.00 27,624.11 • • Prior Lake Barber Const . ra + • Blacktop Inc. Proposal#3-Planting 19,580.00 • 11,850.00 . . 18,450.00 . > � j {` > Minnesota Valley Hoffman-McNamara • • • Proposal#4-Color Coat, 1,068,00 • 1,361.70 1,650.06 4,901reoK '` $f r Tennis West Tennis Court Dr. • Propossal#5-Fencing ' . . 2,500.00 6340.00 • 10,750.00. . • ..- x•. aka. r .. MlcMrest Century • Fence ~ *4 j,12• x ti 'i i4: ; s .> ., R ti sMSSOAOYOB Ferlk e i j � � 11,{.2 i . All-in-all; I am comfortable with the bids received,with the exception of the fencing:The quotes for the other proposals are competitive given that the bidding environment is not particularly favorable • right now.,Contractors are simply very busy and trying to catch up for time lost during the July rains. Also,there seems tobe a fair amount of workout there that contractors are chasing.For proposals • . #1 through #4, 1 suggest going with these quotes because I expect that the bidding environment.will only get worse as the fall progresses.We should rebid Proposal#5 later this fall when the work settles down in the field.The current price is simply too high. • 7301.Ohms•lie,Suite 500 Minneapolis,MN 55439 'Ill(612)832-9475 Pax(612)832.9542 4 BRAUER & ASSOCIATES TEL No .6128329475 Aug 27 ,97 930 No .002 P .02 With respect to the site amenities and play equipment,the following provides an overview of these iterns: Benches and Picnic Tibias: $6,501.74(Installation is$1,255,which is included in price) ICompan Play Equipment: $8,744.90(Includes installation). Landscape Structures: $31,105(Includes installation.Also indudes heavy duty basketball goal. outfit). Construction Management: $3,500.(Required since the project was not bid under a general contract.Refer to previous letter for discussion.This would include site • observation beyond that which is covered in our current contract coordination of contractors,interpretation of questions in the field, working in the field with the surveyor on an as needed basis,and • processing and administration of each of the contracts for work to be completed. Total for the above listed items(based on low bid,including fencing):$102,775.34(does not include work performed by City crews or surveying. Please note that I have a few questions about pricing that the venders are looking into. let you know of any changes in pricing.Total would amount to a couple of thousand dollars,so it should not impact the overall budget to any major degree. • City work includes: Earthwork Sand for play and volleyball court(300 cubic yards) Sod and Seed Site surveying Drainage pipe from play area and sand volleyball Horseshoe court Other,minor miscellaneous as required Please review the above and call to discuss, if necessary Thank you. 11-14 ) 41Zioe F.- er, sident • BRAUER & ASSOCIATES TEL No .6128329475 Aug 27 ,97 16 :08 No .008 P .01 ñ#AckvneDff C facsimile TRANSMITTAL to: Mark McQuillen,Director of Parks and Rec.-Cityof Shakopee 1ee fax*: 445-8172 re: Revised 7/25/97 Invoice#1200538-Brauer and Associates,Ltd. date: August 27, 1997 pages: 2,including this cover sheet. Mark, Attached is a copy of our invoice#1200538,dated 7/25/97.Please note that this invoice is for $7,200.00 rather than the$9,000.00 shown previously. Since we received bids yesterday for the construction work and it appears that the construction budget is closer to$120,000.00,rather than the estimated$150,000.00,our invoice has been adjusted to coorespond. Please discard the earlier versions of this invoice. Thanks, George Watson (Copy to be mailed.) From the desk of... George Wm.Watson President Brauer and Associates,Ltd. 7301 Ohms Lane Suite 9500 Minneapolis,MN. 612-832-9475 Fax:612-832-9542 BRAUER & ASSOCIATES TEL No .6128329475 Aug 27,97 16 :08 No .008 P .02 LAND USE PLANNING AND DESIGN IP kle e F. 40 yti �� o Invoice DATE INVOICE# 7/25/97 1200538 BILL TO City Of Shakopee 1255 Fuller Street • Shakopee,Mn.55379 Men:Mark McQuillan DESCRIPTION AMOUNT City of Shakopee Prairie Bend Park-Design Development and Construction Documents Brauer and Associates,Ltd.#97-18 Contract Type:7.5%of the Cost to Construct the improvements-5.120,000 Est.Construction Cost x 7.5% =$9,000.00 Terms:Due Upon Receipt For Professional Services Including: •Meetings With the Owner. *Conversations with potential contractors, *Completion of Design Development documents. ; *Completion of Constriction Documents. FEES&EXPENSES .... l Design Fees-$120,000 x 6%=$7,200.00 Work Completed to Date: 1,200.00 Work Previously Billed: 0.00 REVISED 8/27/97 Thank you for your business. Total $7,200.00 7301 Ohms Lane,Suite 500 Minneapolis,MN 55439 U1(612)832-9475 Fax(612)832-9542 ly /9. 1 CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: The Preserve Golf Course Tunnel Date: August 26, 1997 INTRODUCTION At the July 28, 1997 Parks and Recreation Advisory Board Meeting, Tom Haugen of the Preserve Golf Course appeared before the Advisory Board to ask the City's approval to construct a tunnel under County Road 79 from the Preserve Golf Course to O'Dowd Lake Park. Mr. Haugen also interested in constructing a 12 foot wide trail in the park from the tunnel north to Stonebrooke Golf Course. This will allow golfers access to both golf courses without crossing the road at grade level. The Advisory Board directed staff to meet with Mr. Haugen to look at the posibilities of allowing them use of public property and to report back at the August meeting. On August 25, 1997,the Parks and Recreation Advisory Board reviewed staff's recommended conditions and added a few of their own. Mr. Tom Haugen will attending Tuesday night's meeting to answer any questions. BACKGROUND Staff contacted other public agencies that have agreements with private venders who use public land for business purposes. In almost all cases, the title of the land remains in the hands of government. Government agencies can lease to private venders (long term or short term) for use of public land. However, according to MN Statute Sec. 272.68 if a fee is collected, the City is required to remit 30% of the gross proceeds to the county for taxes. On Wednesday, August 20, staff met with Mr. Haugen to review various conditions for placing the tunnel and trail in the park. Mr. Haugen indicated most of the items on the list were acceptable. However, item 10 would be contingent on what the annual permit fee will be, and how much credit the golf course will receive for extending the trail to the road. The golf course owner would like to have a long term agreement, 10 years or more, to use the park property. CONDITIONS DISCUSSED WITH STAFF & OWNER 1. Grant permission to allow for the construction of a tunnel into O'Dowd Lake Park at the Preserve Golf Course's expense. 2. Grant permission to allow for the construction of a twelve foot wide trail from the tunnel north to the Stonebrooke Golf Course at the Preserve Golf Course's expense. 3. The Preserve Golf Course shall assume all liability for any accidents or injuries which occur in the tunnel or on the 12 foot wide trail. 4. The Preserve Golf Course shall be responsible for any and all maintenance of the tunnel and twelve foot wide trail to the north. 5. The Preserve Golf Course shall be responsible for providing adequate lighting at the tunnel's entrance. 6. The Preserve Golf Course shall provide and post the necessary signs to insure safe usage of the tunnel and trail. 7. The Preserve Golf Course shall be responsible for preventing and correcting any erosion problems caused by stormwater run-off from the tunnel or the trail. 8. The Preserve Golf Course shall not own the rights or deed to the park property which the tunnel and trail are located. 9. The Preserve Golf Course shall pay a fee to use the park property for its tunnel and trail for a period of time and rate established by the City Council. 10. If the Preserve Golf Course agrees to extend the trail south to connect to the road that enters into the park, fees for the first(three)years shall be waived. LAND AND TRAIL COSTS 1. Land adjacent to a lake and golf course, in the rural area of Shakopee, is conservatively selling for about$15,000 an acre or$.34 a square foot. 2. Linear feet for trail and tunnel 222 feet. 3. Width of trail 12 feet. 4. Total square feet 222' x 12' =2664 sq. ft. 5. Estimated value of land needed for the trail and tunnel is $905.76. (2664 sq. ft. x $.34 per square foot= $905.76). 6. The estimate cost for the extended portion of the trail to the road into the park is $2,800 ($10 per linear foot x 280 feet= $2,800.) The trail need only be ten feet wide to the road. PRAB RECOMMENDATIONS At it August 25, 1997 meeting, the Board rquested the following issues be included in the negotiations with the Preserve Golf Course and the City Council: 1. Regular upkeep of the trail and tunnel. 2. The trail and tunnel remain open to the public without restrictions to certain users such skateboaders and/or in-line skaters. The use of snowmobiles and ATVs on the trail or in the tunnel is a policy issue for Council to debate. Keep in mind, snowmobiles and ATVs are prohibited in parks. 3. Should land valuation be adjusted from year-to-year for the permit fee?In other words, should the permit fee be increased if the value of the land increases? 4. What happens in the case the golf course is sold to a different owner, will the new owner be obligated to the agreement. 5. How long term should this agreement be? 10 years?20 years? 30 years? ACTION REQUESTED The City Council should discuss the conditions mentioned above and direct staff to draft an agreement for Council to review at its next meeting. The other option is to not allow the tunnel to be constructea i to the park. Mark McQuillan Parks and Recreation Director 2 y3. 1 I se 47 ,__ ______„... 4,21 ___ _______ ,., c.) t„:„.., :. r. � � I 1 M ! 1 O .cc- s. CS 4 --g ' [� t - p N L.^� N V 9 - 3 .s- 4..._) I v. � 12 -1":4\),- _ _ 1 \----1 . >---- s.. c ..),.. 14 1444 . di- \• C / o. o iT L I I PIA:b LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 19t-h. day of December , 1989, by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation (hereinafter "Lessor") , and STONEBROOKE GOLF COURSE PARTNERSHIP, a Minnesota partnership (hereinafter 'Lessee') . WITNESSETH: That in consideration of One Dollar ($1.00) and of the mutual covenants, terms, and conditions hereinafter set forth, the Lessor and Lessee agree as follows: The Lessor does hereby lease, demise, and let unto the Lessee, and the Lessee does hereby lease and take from the Lessor the following described real property located in Scott County, Minnesota: That portion of the plat of Timber Trails designated as "park" and located immediately adjacent to and westerly of Lot 2, Block 5, and immediately south of the southerly line of the east/west portion of Lakeview Drive, all located within the plat of Timber Trails. Subject to an easement of record for purposes of ingress and egress to Lake O'Dowd over and across the easterly 12 feet thereof. TO HAVE AND TO HOLD, the leased premises unto Lessee, its successors and assigns, subject to the conditions and limitations hereinafter mentioned, and for a term of 99 years beginning on the 1st day of January , 19.91L, and ending on the 1st day of January , 2031, subject to termination by the parties as set forth below. This Lease Agreement is entered into by and between the parties hereto, upon the following additional terms and conditions, all of which the parties hereto covenant to keep and perform: 1. Lessee agrees to maintain the subject property as part of the adjoining golf course during the term of this lease. 2. Lessee agrees to maintain a serviceable access over the 12-foot easement area described above, said access maintained in the manner approved by Lessor. 3. Lessee shall maintain at its expense at all times during the term of this lease a policy or policies of public liability insurance with respect to the Premises and the business of Lessee, with limits of not less than $1,000,000 combined single limit. Such insurance policy shall be placed with companies qualified to do business in the State of Minnesota, provide for at least thirty (30) days prior written notice to Lessor before cancellation or amendment, name Lessor as an additional insured thereon, and current, endorsed copies thereof shall be provided to Lessor prior to Lessee' s occupancy of the Premises and at all times thereafter during the term. Lessee shall defend, indemnify and save Lessor harmless from and against all liabilities, damages, claims, costs, charges, judgments and expenses, including but not limited to, reasonable attorney' s fees, which may be imposed upon or incurred or paid by or asserted against Lessor, the Premises or any interest therein by reason of or in connection with any use, non-use, possession or operation of the Premises, or any part thereof, any negligent or tortious act on the part of Lessee or any of its agents, contractors, servants, employees, licensees or invitees, any accident, injury, death or damage to any person or property occurring on the Premises or any part thereof, and any failure on the part of Lessee to perform any of the terms or conditions of this Lease. 4. Lessee may peaceably hold and enjoy the said leased premises during the term of this Lease Agreement, without any interruption by Lessor, its successors and assigns, and Lessor does and will warrant Lessee in the peaceable enjoyment and possession of said leased premises during the term thereof. S. This Lease may be terminated under this paragraph only, prior to the expiration date by either Lessor or Lessee, at such time as the adjoining property ceases to be used and operated as a golf course. Should such cessation occur, this termination, if by Lessor, shall be by resolution of the City Council, and the filing of a certified copy thereof with the Scott County Recorder shall terminate this Lease. Such termination, if by Lessee, shall be by written notice notifying Lessor of Lessee's intent to terminate, said notice being at least 30 days prior to the date of the proposed termination. This notice by Lessee shall be by certified mail, return receipt requested. The parties hereto agree to execute and file for record a Termination Agreement evidencing their intent to terminate under the terms of this paragraph, should such eventuality occur. 6. The terms of this Lease shall be binding upon both parties hereto, together with their successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day and year first above written. LESSOR: LESSEE: CITY OF SHAKOPEE STONEBROOKE GOLF COURSE PARTNERSHIP By: ?< By: n 1� �!J',:,c.".n�'" Its: Its: Partner A is Ity An inistrator By• 1 It Its: Partner �/ I ity Clerk �", -2- STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) 90 On this 21st day of March , l98/3/, before me personally appeared Gary Laurent . Mayor and aenni s Krafr , Admr. , xtlittA and Judith S . Cox, g± za d Citv .Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of said corporation. } NoPublic . - TOM WAR HOL • • �,._ r • STATE OF MINNESOTA ) 1 '4; , •.i , ' ss. - - , COUNTY OF SCOTT ) 90 On this 20th day of March , 19/9/, before me personally appeared Lc-., i 10,,,,,-+ and -Ra.,,i.,l•). P In s,,=>„ , the 1? ,.A„ 'and 1-1..-1.i.' of Stonebrooke Golf Course Partnership, a Minnesota partnership, on behalf of said partnership. SARA L. LAURENTJ 1 NOTARY PUSUC - MINNESOTA Notary Public SCOTT COUNTY . L-%........-• ,...J Myaomm1es on expires 9-25-06 This Instrument Drafted By: KRASS & MONROE CHARTERED (PRK/RM) 327 So. Marschall Road, Suite 300 Shakopee, MN 55379 (612) 445-5080 Ooc.No. 2Q/9 File2.0214.07.- Volume Page ,7(s Cert kD Office of Registrar of Title-Scott County,MN This is the filing information of the document fil d in, ' office oI�}},,tlie -36 day o) A.D.19y() at Ff:30 o'clock M. Paul W.Wermerskirchen.Registrar of Titles -3- CONSENT / Y 6 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Best Western Canterbury Inn Appeal of BOAA's Decision Regarding Variance to Sign Height Limitations MEETING DATE: September 2, 1997 ITEM NO.: Introduction: At its August 19, 1997, meeting the Council directed staff to prepare a resolution reversing the decision of the Board of Appeals and Adjustments and granting the requested 45 foot sign height variance. The attached resolution has been prepared in response to that action. Actions Requested: The Council is asked to offer and pass Res. No. 4730, A Resolution Overturning the Decision of the Board of Appeals and Adjustments and Granting a 45 Variance to Permit A Sign Height of 65 Feet Instead of the Permitted 20 Feet for Best Western Canterbury Inn. R. Michael Leek Community Development Director RESOLUTION NO. 4730 A RESOLUTION TO THE CITY OF SHAKOPEE,MINNESOTA, OVERTURNING THE DECISION OF THE BOARD OF APPEALS AND ADJUSTMENTS AND GRANTING A 45 VARIANCE TO PERMIT A SIGN HEIGHT OF 65 FEET INSTEAD OF THE PERMITTED 20 FEET FOR BEST WESTERN CANTERBURY INN. WHEREAS, the Best Western Canterbury Inn filed an application dated June 30, 1997, for a variance under the provisions of Chapter 11, Land Use Regulation(Zoning), of the City of Shakopee City Code, Section 11.70, Subd. 10.B. for a 45 foot variance from the 20 foot maximum free standing sign height within the Major Recreation (MR) Zone; and WHEREAS, the subject parcel of land is presently zoned Major Recreation; and WHEREAS, the subject parcel of land for which the request is being made is legally described as: Lot 2, Block 1, Canterbury Park 4th Addition, except that part shown as Parcel 71 on Minnesota Department of Transportation Right of Way Plats numbered 70-9 and 70-11, Scott County, Minnesota; and WHEREAS, notice was provided and on July 24, 1997, the Board of Adjustments and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals; and WHEREAS, the City Council reviewed the appeal of the applicant at it's meeting of August 19, 1997; and WHEREAS, the City Council's reached the following findings with respect to the requested variance and applicable ordinance criteria; Criterion 1: 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; Finding 1.A.; The ordinance provisions, as applied to the subject property, would cause undue hardship in that the applicant would be unable to effectively sign and identify the property for either passing motorists or persons for whom the motel is a destination. The inability to effectively sign and identify the motel makes it practically difficult for the applicant to successfully operate the motel on the subject site. Criterion 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B.; The plight of the landowner is due to circumstances unique to the property. The roadbed of STH 169 is about 40 feet higher than the grade of the subject property. The development of STH 169 has thus rendered the current sign, and any other sign meeting the ordinance requirements, impossible for motorists to see from the south and west. Visibility is also difficult from the east. The intersection of STH 169 and CR 83 is the only intersection along the new highway presenting such conditions. The other properties at this intersection are subject to private covenants restricting sign height to 20 feet. Criterion 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. Finding I.E.; The problems relate specifically to the characteristics of the site and adjacent STH 169, and thus extend beyond economic considerations. Criterion 2; It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2; The variance as requested would not increase the size of the sign permitted along the 169 corridor. The apparent height of the sign with the variance, as viewed from STH 169, would be in keeping with signs that would be permitted elsewhere along the corridor, and thus would be in keeping with the spirit and intent of the zoning chapter. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the decision of the Board of Adjustments and Appeals is hereby overturned, and the applicant's request for a 45 foot variance to permit a sign height of 65 feet instead of the permitted 20 feet in the MR(Major Recreation)Zone. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CONSENT I y, b . L . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Environmental Assessment Worksheet - CAMAS Minnesota, Inc., Shiely Division MEETING DATE: August 5, 1997 Introduction/Discussion: On August 5, 1997, the City Council postponed a determination on the sufficiency of the Environmental Assessment Worksheet (EAW)for the proposed opening of a quarry by Shiely on it's western property. Since that meeting 3 meetings (2 hosted by the City and 1 hosted by Scott County Environmental Services) have been met to discuss the issues raised by the comments received by the City. The most recent of these meetings was held on Thursday, August 28, 1997. Participants in these meetings have included the Metropolitan Council, MnDNR, Department of Public Health, Scott County, Shiely/Camas, Valley Green Business Park and Conklin. Issues raised and discussed have focused on; 1. Hydrology, 2. Infiltration, and 3. Vibration. In the course of these meetings, additional information has been requested from Shiely/Camas and it's consultant, Barr Engineering. In order to provide this information additional time is required. Attached to this memorandum is a letter from Helen Boyer, Director of the Metropolitan Council Environmental Services Division, in support of a further postponement. Discussion: CAMAS has requested that the City postpone the decision for 30 days in order to provide the City with additional information regarding groundwater and vibration impacts. (See letter attached as Exhibit B) EQB rules permit postponement, so long as notice of the postponement is provided to the EQB and anyone who submitted substantive comments. EAWSHIE2.DOC/RML 1 Alternatives: 1. Direct staff to prepare a negative declaration on the need for an EIS for the proposed Shiely quarry . 2. Direct staff to prepare a positive declaration on the need for an EIS for the proposed Shiely quarry. 3. Postpone a decision on the need for an EIS to the City Council meeting of October 7, 1997, and direct that staff notify the appropriate persons of the postponement. Staff Recommendation: In order to assure that the City Council have the most complete information available to it at the time it makes a determination on the sufficiency of the EAW, staff recommends alternative no. 3, postponement to October 7, 1997. Action Requested: Offer and pass a motion postponing the Council's determination to October 7, 1997. R. Michael Leek Community Development Director EAWSHIE2.DOC/RML 2 Metropolitan Council Working for the Region, Planning for the Future mmimiit August 26, 1997 Environmental Services Michael Leek Community Development Director City of Shakopee 129 Holmes St. Shakopee,MN 55379 Re: Environmental Assessment Worksheet(EAW) CAMAS Minnesota,Inc., City of Shakopee Shiely Quarry Expansion Metropolitan District 5 Metropolitan Council Referral File No. 16525-1 Dear Mr. Leek: The Metropolitan Council has been involved in discussions with the city of Shakopee and CAMAS Minnesota,Inc.,regarding the potential for a significant system impact upon the Council's Blue Lake Wastewater Treatment Plant that may result from the proposed Shiely Quarry expansion. A number of questions have been raised during these discussions,and Council staff and its consultant,RCM,are currently studying a number of scenarios related to the present,proposed and future operational plans of the quarry,and their effect on groundwater levels at the Blue Lake Wastewater Treatment Plant. The Council anticipates this analysis will be completed within the next 3-4 weeks. The Council is aware that the Shakopee City Council is scheduled to hear the EAW at its September 2, 1997 meeting,but that Shakopee Staff are recommending that the City Council delay taking action on the EAW for one month. The Metropolitan Council is supportive of this request, as it will allow Council staff to better evaluate what impact rising groundwater levels will have at the plant and advise your City Council of the results of our analysis. Thank you for your attentiveness to our concerns,and involving us in this process. If you have any questions or need further information with respect to these matters,please contact Rich Rovang at 602-1135 or Dil Stachour at 602-1114. Sincerely, 4:>21167-1 r / Helen Boyer Director,Environmental Services Division cc: Neil Peterson,Metropolitan Council District 5 Bill Moore, General Manager,Wastewater Services Department Keith Buttleman,Director,Environmental Planning and Evaluation Department Thomas McElveen,Deputy Director,Housing Development and Implementation Marcel Jouseau,Manager,Water Management Technical Services Carl Schenk,Metropolitan Council Sector Representative Bob Davis,Marcia Honold,Judy Sventek, James Larsen,Gary Oberts,Dil Stachour, Rich Rovang,and Lynda Voge, Council Staff 230 East Fifth Street St. Paul, Minnesota 55101-1633 (612)222-8423 Fax 229-2183 TDD/TTY 229-3760 An Equal Opportunity Employer ly 3. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Canterbury Park PUD MEETING DATE: September 2, 1997 Introduction: About 2 weeks ago, a one-night concert called Lilith Fair was held at Canterbury Park Racetrack. Subsequent to the concert, the City received a number of calls expressing concern about the noise levels and the lateness of the concert, as well as traffic congestion generated by the concert. Discussion: Canterbury Park is a planned unit development (PUD) and the uses within it are governed by Ordinance No. 417, a copy of which is attached for the Council's information. Presently the PUD ordinance allows up to 5 Outdoor events (concerts and live music) with actual attendance over 10,000. The ordinance does not specify a mechanism for review of specific plans (such as traffic management, noise mitigation) for such events in advance, but does allow the Council to deny additional events based on 4 criteria. Canterbury Park does inform the City on an annual basis of the events which it expects to host. The Council may want to consider an amendment to the PUD which 1) provides for review of Outdoor Events in detail and in advance, 2) establishes a noise monitoring effort to determine whether noise complaints can be substantiated, and 3) places a ceiling on the type of Outdoor Events which can be held in Canterbury Park. On Friday, August 29, 1997, staff is scheduled to meet with Randy Sampson of Canterbury Park to discuss the concerns that have been raised and how they might effectively be addressed. Action Requested: Direction to staff regarding discussions with the appropriate persons at Canterbury Park regarding potential amendments to the current PUD. / � R. Michael Leek Community Development Director CPARK.DOC/RML 1 ORDINANCE NO. 417, FOURTH SERIES NNANCE OF DIE CITY OF SHAKOPEE,MINNESOTA, __SG THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 .dING LAND COMMONLY KNOWN AS CANTERBURY PARK FROM RACE TRACK DISTRICT TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO.3. WHEREAS,the owners of the land described on Exhibit A, commonly known as Canterbury Park, submitted an application requesting rezoning from Racetrack District (RTD) to Planned Unit Development Overlay Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held on May 4, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council. IHE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A., commonly known as Canterbury Park, from Race Track District to Planned Unit Development Overlay Zone No. 3. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1. The Project shall operate in accordance with the plans in the informational package submitted by the applicant and dated April 25, 1995, and all Exhibits and Attachments. II. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. M. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby approved. IV. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. 3 That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, y Code by Repealing Chapter 11, Land Use Regulations(Zoning); Sec. 2.90, Official 4nd procedures, of Chapter 2, Administration and General Government; and Sec. 4.30, struction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and is; and adopting one New Chapter in Lieu Thereof Relating to the Same Subject is hereby d by deleting the last sentence of Section 6-Effective Date. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Pissed in , , 1 .session of the City Council of the City of Shakopee, Minnesota, held this /� —day of /II _ , 1995. rzur_L Mayor of th i OF hakopee Attest: _ �i A •% Clerk A•: oved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. 4 EXHIBIT "A" • • • • .,e Northeast Quarter of the Southeast Quarter of Section 5, Townohip 115, Jcott County, ' Minnesota, excepting therefrom: The wept 150.0 feet of the ,.0 feet of paid Northeast Quarter of the Southeast Quarter of Section 5, _p 115, Range 22. " • • • .CLL IIt The South half of the Southeast Quarter of Section 5, Township 115, Range .2, Scott County, Minnesota. • • .PARCEL III: Tho Southwest Quarter of the Southwest Quarter of Section 4, Township li`_ '• . Range 22, Scott County, Minnesota. • t-% A •, -ne4CLZ. Iv! Tho Northwest Quarter of Section 9, Township 115, Range 22, Scott County,. Minn000ta, excepting therefrom that part lying oouth, aouthwesterly and southeasterly ' of tho following described line ("Line A") : • , , Line, A: Commencing At the southeast corner of said Northwest Quarter of Section. 91 . 'thence on an aasumod bearing of northl1 degree 10 minutea. 22 aecondo west along the oaot linu of said Northwest Quarter a• diatancc of 730.00 feet to the point et boginn:i • of the line to be dancribed; thence mouth 00 degrees 49 minutes 38 second: west a • . distance of •2572.09 feet; thence along a tangential curve concave to the north, havin .• .a radius of '1,321.00 feet, a•central angle of 64 degrees 32 minutes 00 eeconda, an it • .length of 1,407.87 feet; thcnce• aouth 63 degrees 21 minutes 38 aoconds west (not tangent to said curve) a distance of 200 feet more or lean to the west line of said Sant Half of the Northeaot' Quarter of said Section 0 .and there terminating. • P•ARCII, V: That part of the Eaat •half of the Northeast Quarter of Section 8, Towneh"_ 115, Range 22, Scott County; Minnesota, except -that part of said Eaet half of the. . Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, oouth, southwostorly and noutheaetetly of the following described line ("Line .A") :• • Lino A: Commencing at the aoutheant corner of maid Northwest Quarter of Section 9;• " thence on an aaoumod bearing of north 1 degree 10 minutes 22 seconds want along the • east line of said Northweot Quarter a distance of 730.00 feet to the point of begin:-. ' of the line to be described; thence mouth 00 dogroea 49 minutes 38 aecondo west a distance of 2572.09 feet; thence 'along a tangential curve concave to the north, hay : a radius of 1,321.00 fact, a central angle of 64 degrees 32 minutes 00 occonda,• an ;a leayl.li uL 1,407.07 thence mouth 63 dogroes 31 minutes 18 seconds wont (not tangent to acid curve) a distance of 200. feet more or lags to the west line of paid Ea3t Half of the Northoaet Quartcr of said section © and there terminating. • . THIS PAGE REPLACES PAGES 14, 15,AND 16 OF THE PLANS IN THE INFORMATIONAL PACKAGE SUBMITTED BY THE APPLICANT AND DATED APRIL 25, 1995 AND ALL EXHIBITS AND ATTACHMENTS 1. Class A licensed horse racetrack which includes customary accessory uses, activities and facilities. 2. Class B licensed horse racetrack which includes customary accessory uses, activities and facilities. 3. Simulcast racing, which includes customary accessory uses, activities and facilities. 4. Commercial recreation which is defined as structures and open space designed, constructed and operated by private enterprise for recreation purposes and open tot he general public. 5. Employee housing and dormitories presently existing in the backside. 6. Retail sales. 7. Theater, dance, and other entertainment. 8. Convention center, shows, conference center. 9. Circuses/carnivals. 10. Fireworks. 11. Temporary tents and structures. 12. Motorized vehicle events. 13. Class II restaurants including sale of alcoholic beverages with appropriate City liquor license. 14. Health and athletic facilities. 15. Horse care uses including boarding, training, showing, grooming and veterinary clinic facilities. 16. Interior and exterior commercial storage of boats and recreational vehicles. 17. Existing structures and physical improvements. • 18. Off street parking as presently located to be used as needed for all of above uses. • 19. Uses similar in nature to the above. 20. Administrative, executive and professional offices related to the above uses. 21. Multiple buildings per lot. 22. Except as provided herein, all uses of the site shall be in compliance with all federal, state and city regulations including, but not limited to health and environmental code requirements. 23 Concerts and live music only if incidental to items 1, 2, 3, 4 or 8 of the permitted uses. SOutdoor events (concerts and live music) not incidental to items 1, 2, 3, 4 or 8 with actual attendance over 10,000 shall be limited to five(5) per year. Additional events shall be allowed or denied by the City Council bases on the following criteria: 2. Nuisance concerns, or 3. An adverse recommendation by the Police Chief, or 4. Health, safety or welfare concerns. 0.planning.Jrnhi1'.14I 3 h'doe) April 25, 1995 Page 14 se # Use Name Use Area M No. A. Commercial recreation, major. • • 1. ► ass A licensed horse racetrack which includes customary 1 ac , sory uses, activities and facilities. 2. Class : licensed horse racetrack which includes customary 1 accesso ses, activities and facilities. 3. Simulcast ra • g, which includes customary accessory use 1 activities and •. ilities. 4. Commercial recrea.'on which is defined as structure • d open 1 space designed, cons cted and operated by priva enterprise for recreational purpos- and open to the gener• public. 5. Employee housing and do •itories presently -xisting in the 2 r.7_; backside. 6. Food and drink concessions, prop • •, es, tip sheet sales, etc. 3 ._ 7. Horse racing and workout area. 3 8. Hotwalkers in the backside. 2 9. Horse auctions. 3 10. Horse barns in the bac de. 2 11. Sales of feed and • in the backside. 2 ip 12. Live music. 4 13. Trade and tr el shows. 4 14. Collect". - shows. 4 15. Circ .es/carnivals. 1 16. P. •lic safety training. 1 17. Public service events. 18 Winterfest. 4 9. Snowmobile racing. 3 015/22079348 4/25/95 see ReP P1" 3 April 25, 1995 Page 13 facilities may include amusement parks, Class A licensed horse racetracks and similar enterprises. 104. "Restaurant, Class II" - An establishment serving food to customers which is not a Class I restaurant. This above definition needs to be read in context with the definition for Restaurant, Class I: 103. "Restaurant, Class I" - An establishment serving food to customers while seated at a counter or table and which does not serve alcoholic beverages or provide live entertainment. 01522079348 425/45 April 25, 1995 Page 15 se # Use Name Use Area M- . No. - No. 20. Product shows for cars, vehicles, equipment, boats and home, • • c. 21. Te •orary tents. 1 22. Firewo . 4 23. Autumn/sp ' g arts and crafts festival. 4 24. Shakopee Sho ase. 1 25. Vehicle performan•- events. 5 B. Restaurants, - s II 1. Class II Restaurant include•a sale of alcoholi •everages with 6 appropriate City liquor licen C. Hotels, motels and con : ence enters. 1. Conference center. 6 D. Horse care uses includi-g boa •'ng, training, showing, grooming - • a veterin- clinic facilities. 1. Horse care uses including •oarding, training, 'owing, 3 grooming and veterin- clinic facilities. E. Retail uses - d entertainment facilities. 1. Retail sales rela d to all of the other approved uses. 1 F. Ad ' istrative, executive, and professional office 1. The bas ent of the grandstand, the administration building in 7 the b.• - ide, the harness paddock building, ticket sales bui ng. .. Health and athletic facilities. 1. Ballfields, play area within the practice track in the backside. 8 1 Private club on the third floor of the grandstand, historically N/A known as the "Turf Club". 01522079348 425,95 Q �f� � 3 � • S ee Rip lrIc e P April 25, 1995 Page 16 e # Use Name Use Area • N. Developments containing more than one principal structure per lot. 1. All exis •c buildings and structures since they are all locate. 1 on one lot • marcel. O. Other us:- similar to those permitted in th' subdivision -- determined by the Board Adjustment an. • ppeals. 1. Indoor and outdoor storage • -quipment .ed in the operation 3 of the Uses. 2. Commercial storage of boats and -tional vehicles, interior 9 and exterior. 3. Banners and signs on the - terior of the gran., . d. N/A 4. Uses similar in natu - to the above (with the corm • ' g Use N/A Area Map). 5. Existing s ures and physical improvements. 1 6. Off str- parking as presently located at the subject property 1 to • used as needed for all approved uses. 7. • y of the above enumerated uses (with the correlating Use Area Map) if it is found they do not belong to the other use category set forth above for same Miscellaneous Clarifications and Limitations on the Above Approved Uses Based Upon • Questions Posed by the PlanninnCommission. 1. Live Music. Our intent was only to obtain approval in the PUD for the use of live music as has been conducted in the past. We referred the Planning Commission to the text in our prior letter and in this letter which states: 5. Live Music. Outdoor/indoor; public and private. All types of music from rock and country to jazz and classical to marches and inspirational. The music has been done in background and atmosphere format as well as for concerts and dances. Performers have ranged from well-known professionals to amateurs from schools and communities. Approximately one hundred events have attracted hundreds of performers and thousands of spectators. �� 5 See Re trace ) ems?- p � e . 015/22079348 4,7.5 9. st y, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Expansion of Dial-A-Ride Service MEETING DATE: September 2, 1997 Introduction: Staff received a request from Karen Lee, a resident of Louisville Township, to expand the availability of Dial-A-Ride into the Township areas. (See attached letter dated 8/18/1997) Discussion: Recently staff spoke with Ms. Lee about her desire to have Dial-a-Ride availability. In the past year staff has received a number of similar requests, as well as expressions of interest from the Minnesota Renaissance Festival in having Shakopee Area Transit Services expanded. Staff is of the understanding that the opportunities for expansion are limited by the boundaries of the Metropolitan Transit Taxing District. If Council so directs, staff would further explore whether such obstacles can be overcome, and service expanded. Alternatives: 1. Direct staff to explore further whether Dial-a-Ride service can be expanded into township areas adjacent to the City. 2. Direct staff that expansion should not be explored. Action Requested: Direction consistent with Council's wishes. Staff will communicate that direction back to Ms. Lee in response to her request. 7/f. R. Michael Leek Community Development Director DARLEE.DOC/RML 1 , , ((11 62,fied 4UG I Y 1997 2--. .7,2 -_ i G -2,„ /y 407, ,./0,-)„ ._,4,,,, 4_ .A.zei,c) .,e;i7.4 .,a_ / ' eLl,,,,z,i7za, J,e‘Ja4.ii .. -‘-/-eef 1 _G,�Or-C.. e P - J.A.,,,,, ,_/„.„..., /„..,„, a ..Glyh, to e ... , . 6 _..a,,,,dedir,,, 1.0. _.,ez-„efi.,,,,),1_,,,./ . ;4, t;e1 P .,iril z. ari a>....e)44 ild-1-446 i „Mei-L 40te,ize/Az.6, i-ez)a,.a9. -/-6ef ;.dezd4.192 , V .'i��C9�e' t ---6 -��v i K-��n��li. /r„1 (2? F Jae-21,44;o1 1 Jam(,,, C.4 a/!ZL ,^1Z,g :,,E,-,, ..4-‘417 y'l_iie -./721ei yr2),/l-7- yeriG72g-td c-4--A41 - ,00-A `1� �2�-r.d j e_ii--e. ,. �'6 ,oars ��a� .. J "cn de,4,0614,e ,40 i0)-a1- 4- 6, = ---/-1-24/)-z-A..),X, 7„-c Wa-,z4-7( / c4... iy8d za /5 ���?,z-4zr .5-,c-3 7 i //y6, .P~ ` / ' M/9 7 RECEBVED -41IN • 3., 1 y 1997 y • „z 6�77�Q/yrJon9 .. 4iyZ� _yat„...e.,...4e,i,c W ..� Q�naA _fie e..cv/[o. u�a%-24c�.r - aC _2 . 71Lee-L ilet) • e J-cAn'te_i_oe cii9ote4,6e2,o ••• 04, „At4o OzAto --71-7zei 010 y 0 2 eg J :-22 d6,30a,2", ) /ec7eje_ • /yeo zv. ,so -&-Sx -S�`""" cx2eei tic 55379 yya-za3.z6 i CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator • FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment—Building Inspector MEETING DATE: September 2, 1997 INTRODUCTION: The Council is asked to appoint Julie Hagen to the position of Building Inspector effective September 3, 1997. BACKGROUND: With the departure of Steven Thorp a Building Inspector position opened up. Six finalists were interviewed, and Ms. Hagen was selected as the best-qualified candidate for the position. Ms. Hagen has previous experience with the City of Shakopee, the City of Prior Lake, and Scott County, and has particular expertise in Individual Septic treatment Systems (ISIS). COMPENSATION: Ms. Hagen has been offered, and has agreed to, a starting salary of$33,179 per year (Step 1 of the Pay Plan for this position). STAFF RECOMMENDATION: I recommend the appointment of Julie Hagen to the position of Building Inspector effective September 3, 1997, but contingent on successful completion of a pre- employment physical. ACTION REQUESTED: The Council is asked to offer and pass a motion appointing Julie Hagen to the position of Building Inspector effective September 3, 1997, at the recommended step in the Pay Plan, and contingent on successful completion of a pre-employme ysi o Air .4e -. -, , R. Michael Leek Community Development Director Mt C. i• CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Feasibility Report for Vierling Drive from Sage Lane to Miller Street DATE: September 2, 1997 INTRODUCTION: This item is to consider authorizing a feasibility report for improving Vierling Drive, from Sage Lane to Miller Street to meet the transportation needs of the area. BACKGROUND: Recently there have been commercial developments proposed along Vierling Drive near the Marschall Road intersection. Crossroad Centers has received final plat approval and within this development is a major grocery tenant which will generate significant traffic volume increases in this area. Also, Boulder Ridge is being considered for residential and commercial development along the north side of Vierling Drive and west of Marschall Road. Commercial property exists on the east side of Marschall Road along Vierling Drive which will also impact Vierling Drive transportation improvements. Attached to this memo are the following documents which indicate a need to consider transportation improvements on Vierling Drive to facilitate the anticipated traffic: • Memorandum from Chuck Rickart of WSB & Associates, Inc. on the retail center traffic study west of Marschall Road. • Letter from Scott County authorizing WSB &Associates, Inc. to begin design of a traffic control signal at the intersection of Vierling Drive and Marschall Road. The Crossroad Center development has indicated that several commercial leases have been signed including a grocery store, bank, gas station and restaurant. These commercial developments and others in the proposed Boulder Ridge and in the commercial areas east of Marschall Road will have an impact on the intersection design for a traffic control signal. In order to accommodate the high number of left turn movements to those commercial districts, turn lanes with concrete medians are recommended with a possible second traffic control signal west of Marschall Road on Vierling Drive. Scott County is moving forward on a traffic control signal at the intersection of Vierling Drive and Marschall Road, even without the commercial developments being completed. Staff believes it is appropriate to begin a feasibility report for transportation improvements to Vierling Drive, in conjunction with the County's proposed traffic control signal. Staff is proposing to prepare this report in-house with assistance from WSB & Associates, Inc. on the necessary transportation improvements. ALTERNATIVES: 1. Move to approve Resolution No. 4729, a resolution ordering the preparation of a feasibility report for Vierling Drive from Sage Lane to Miller Street. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc., for consulting services to assist in completing the feasibility report of Vierling Drive improvements. 3. Do not approve Resolution No. 4729. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 2, so that a report on Vierling Drive improvements, from Sage Lane to Miller Street can begin and be done in conjunction with the County's traffic control signal project. This project has been included in the 1998 Capital Improvements Program. ACTION REQUESTED: 1. Offer Resolution No. 4729 , A Resolution Ordering the Preparation of a Feasibility Report for Vierling Drive, from Sage Lane to Miller Street and move its adoption.. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc. for consulting services to assist in completing the feasibility report of Vierling Drive improvements. I, :ruce Lon Public Works Director BL/pmp MEM4729 RESOLUTION NO. 4729 A Resolution Ordering Preparation Pre aration Of A Report On An Improvement To Vierling Drive, From Sage Lane to Miller Street WHEREAS, it is proposed to improve Vierling Drive, from Sage Lane to Miller Street by concrete curb & gutter, concrete medians, bituminous paving, sidewalk, traffic control signals, storm sewer and any appurtenant work and to assess the benefitted property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Chapter 429. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk r-24-97 01 :05P P_02 - B A.Mittelsteult.P.F.. 350 Westwood Lake Office Bret A.Weis.,P.F. W e 8441 Wayzata Boulevard Peter R Wilknhring.P f. Minneapolis, MN 55426 r�.,nald W.Slerni,r>r. Ronald R.[tray,P.E. AMMINIMMINIIK 612-541-4800 &Associates,Inc. FAX 541-1700 Memorandum To: Mr. Bruce Loney, P.E. City of Shakopee From: Charles T. Rickart WSB & Associates, Inc. Copy to: Bret Weiss, WSB & Associates, Inc. Date: April 24, 1997 Re: Shakopee Retail Center Traffic Study WSB Project No. 1071.00 As you requested, I have reviewed the final traffic study prepared for the Shakopee Retail Center located in the southwest quadrant of CSAH 17(Marschall Road) and Vierling Drive. In general, I agree with the format and methodology of the traffic study. However,based on my review, I offer the following comments: 1. The analysis looked at the years 1997 and 1998. In order for the City to provide roadway capacity on Vierling Drive in the future, a five-year (2003) and ultimately, 20-year (2018) time frame should also be analyzed. This would involve making assumptions on developable land in the immediate arca. 2. The study indicated that approximately 15% of the site traffic would be directed westbound on Vierling Drive. Based on the additional traffic on Vierling Drive, the intersection of Spencer Street and Vierling Drive should also be analyzed. 3. The study indicated that a Level of Service D (LOS D) is generally considered an acceptable level of traffic operations in urbanized areas during peak hours. This is a true statement, however, in developing areas such as the City of Shakopee, a more desirable level of service would be LOS C. 4. The study indicated that traffic signals are justified at the intersections of CSAH 17 (Marschall Road) at Vierling Drive and Vierling Drive at both east and west side rIPPYMPINIEUIf JU4U,YtL Infrastructure Engineers Planners WI:A.IJ IWK I UNI I Y 1 MI'l l)YI'R '1r -24-g7 01 :05P P .03 entrances. I concur with the analysis that signals are justified or will be justified with the proposed development. However, the study went further to indicate that the signalized intersection for the site entrance should be located at the west entrance to encourage traffic to that intersection. Based on the review of the sitc plan and the location of the proposed land uses, it is very unlikely that traffic that is destined to the drive-in bank, the convenience gas station and fast food restaurant would travel out of their way to a traffic signal to come back to those uses. 5. The study proposes that Vierling Drive be narrowed to a two-lane facility with left and right-turn lanes provided at the site access and at CSAH 17 (Marschall Road). Currently. Vierling Drive is a four-lane facility from east of CSAH 17 (Marschall Road) to the intersection with Spencer Street. The estimated ADT in front of the proposed development is 17,000 vehicles per day in 1998. A rule of thumb is that any roadway with ADT's of over 8,000 to 10,000 vehicles per day should be four-lane facilities. Vierling Drive is also designated as a minor arterial in the City's comprehensive plan. By narrowing this roadway in front of the development to two lanes, this would cause a bottleneck between CSAH 17 (Marschall Road) and the west side of the proposed development. 6. The PM peak hour estimated turning volumes indicate that approximately 440 trips per day would turn left at the east access and 270 trips per day would turn left at the west access. Another rule of thumb is that left-turning volumes of over 300 vehicles per hour should be considered for dual left turns. 7. The queuing analysis indicated that a 250-foot left-turn bay would be required for the left turn from Vierling Drive onto CSAH 17 (Marschall Road) and that a 75-foot left-turn bay would be required for turning vehicles into the proposed development at the east entrance. It also indicated that a 5:1 taper could be used into the left-turn lanes. With respect to the turn lane lengths, it is my estimation that a minimum of a 225-foot left turn lane would be required for turning into the proposed east access and a 200-foot left turn lane would be required into the west site access. With respect to the 5:1 taper, this taper is commonly used for striped left-turn lanes, however, with a raised concrete median, a 5:1 taper is not negotiable by a vehicle. The taper should be a minimum of 7.5:1 with a 10:1 taper being desirable. Based on the analysis of the proposed development,the traffic study and the comments stated above, the following recommendations are made. The attached figure illustrates the proposed roadway geometries and right of way requirements. 1. Maintain two lanes in each direction throughout the project area. Y wrw1.4,10'I.0004.497SL Aor-24-97 01 :O5P P . 04 4 7 2. Provide for a minimum of 250-foot left-turn lanes, for both the left turn to CSAH 17 (Marschall Road) and the left turn into the proposed east site access. Provide a minimum of a 200-foot left turn lane into the west site access. 3. Provide for a raised concrete median from CSAR 17 (Marschall Road) to past the west access. The median should be constructed to allow the addition of future Ieft turn lanes into any proposed development north of Vierling Drive. 4. Construct traffic signals at both CSAR 17 (Marschall Road) and the west site access road as indicated in the traffic study. 5. Provide for 120 feet of right-of-way from CSAH 17 (Marschall Road) to just past the east site access road. Provide for 100 feet of right-of-way from the end of the 120-foot section to approximately 500 feet past the west site access road. The proposed roadway geometries and right of way requirements stated above and shown on the attached figure will provide capacity and good traffic operations for existing traffic conditions (1998), assuming the present development, and future needs on Vierling Drive. nm F 1WfIVIN11077 0044:497 dL ,►pr-24-97 01 :06P P_05 i. yy ii', (PsollIIp4 i� i L11IVSo 7,, = I ;= I ° I , . , I H • ; . 1 AM,rig 1.• r- L. _ r .�a n7i V JI , iri / o 0 / ''. ' /` U Comol) .? '1, al/,' ; ; • • • ? +-, ct to 41. CC3 4� ,y l/ C1.4r I I I1 I i. lI I1. G I t,4ht I sj ..1 ,I, _ I 01 L I .i. I 4 Y Aug-25-97 01 :03P P.02 SCOTT COUNTY PUBLI ' WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST /083. 00 JORDAN,MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE AUMINISI RATOR July 15, 1997 CC RECEI It L.; Chuck Rickart JUL 1 6 1997 WSB & Associates, Inc. WSS&ASSOCIATES 350 Westwood Lake Office 8441 Wayrata Boulevard Minneapolis, MN 55426 Subject: CSAH 17 and ierling Drive Traffic Signal •esign WS$ Proposal No. 031.97 Dear Mr. Rickart: This letter is authorisation f►r your firm to perform the traffic signal design, survey work and construction observatior at the CSAH 17 and Vierling Drive intersection as outlined in your July 10, 1997, proposal The traffic: signal construction should be coordinated with the intersection improvements proposed by the City of Sb.kopee to enable all work to be completed in the same time frame. This should provide or less disruption to the traveling public and be the most cost effective method for construction. At the time of this design, we also request your firm to provide plans needed for the modification of the TH 101 CR 83 signal system. This work involves installation of the advance warning flashers cu,rently in use along CSAH 17 at CR 78. We look forward to working with you. Please call us if you need additional information. Sincerely, c3iftej , • Scott M. Merkley Engineering Coordinator SMMljkf if-w:\wordllettertif\stiAric,kdrittac A Equal Opporzuniry/Safety Aware Employer CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Fuller Street Approval of Settlement Agreement DATE: September 2, 1997 INTRODUCTION: The Contractor for the Fuller Street Improvement Project No. 1995-8 filed a lawsuit for additional compensation for the excavation work done on this project. Attached to this memo is a settlement agreement for the negotiated amount to be considered for approval by City Council. BACKGROUND: The Fuller Street Improvement Project was awarded to Richard Knutson, Inc. on August 15, 1995. The Contractor did file a lawsuit for extra compensation in conjunction with this project. The Attorney handling the case for the City has reached a tentative settlement offer with the Contractor's attorney for this extra work claimed by the Contractor. A settlement agreement has been prepared in this amount for this work and is for Council review and consideration. The settlement agreement includes previously agreed upon items such as boulevard regrading, common excavation final quantity, project retainage as well as the disputed soil correction claim. The final amount that is owed to the Contractor, per this agreement, is $44,863.50 with the City's share being $37,363.50 and the League of Minnesota Cities Insurance Trust's share being $7,500.00. With the process of this settlement agreement, the claims from the Contractor on this project would be resolved. ALTERNATIVES: 1. Approve the settlement agreement for additional compensation to Richard Knutson, Inc. 2. Do not approve the settlement agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as per the Attorney's recommendation to settle the claims on this project. ACTION REQUESTED: Make a motion to approve the settlement agreement and authorize its execution, to Richard Knutson, Inc., as recommended by Attorney George Hoff. atae Bruce Loney Public Works Director BL/pmp RKI Aug-29-97 09: 13A gg P.02 HOFF, BARRY & KUDERER PROFESSIONAL ASSOCIATION Cwatut C.HoneOr Cow.nz. PATRtCA E.KUDERER THOMAS G.BARRY,JR. DAVM)X.KLWVM jMkON CROY MtIRRIJ NO PAIL A.CALLIES MYER M.SCRAM htrnfN A.BAKER• 'num=(612)9414220 1ctMtssw r s.KuaAR August 29, 1997 1- 9$9-9220 DOUGLAS j.ScHILtxKAX(612)941.7964 ALSO AD*SflW De WJ 1.m (•iM1At1.hhk®wriMomst.com Alan woMrrw u.l o u% Mayor and Council Members City of Shakopee 129 Holmes Street S. Shakopee, MN 55379-1376 RE: Richard Knutson, Inc. y. City of Shakopee Court File No. 1996-13631 BRS File No. 11013227 Our File No. 3200-046 Dear Mayor and Council Members: Please find enclosed with this, a Settlement Agreement which has been negotiated consistent with Council direction. The $44,863.50 referenced represents the following: $2,706.00 for settlement of the common excavation claim; $1, 657.50 for a boulevard issue; $18, 000.00 in retainage; and S22.300.Q0 for soil correction. $44,063.50 - TOTAL with respect to the soil correction item, the League of Minnesota Cities Insurance Trust will be paying $7,500.00, so that the City is paying only $15,000.00, as previously discussed with the Council, on that claim. There are one or two Punch List Items remaining. The Contractor indicates those Punch List Items will be completed before monies are disbursed consistent with this Agreement. If they are not, an appropriate amount of retainage shall be retained by the City to assure completion. Please call with any questions. Sincer Ge g-- . of f� H+FF, BARRY & ( ERER, P.A. GCH:baj Enclosures 7901 F1.nrio CLOUD DRIVE,#260•EDErt PRAIRIE,MuefooTA 55344-7914 Aug-29-97 09: 13A gg P.03 SETTL,Ei 4ENT AGREEMENT WHEREAS on or about August 29, 1995 Richard Knutson, Inc. entered into a contract with the City of Shakopee for grading and road construction work on the City Project 19954 on Fuller Street in Shakopee, Minnesota(hereinafter "the Project"); WHEREAS on April 11, 1996 Richard Knutson, Inc. initiated a lawsuit against the City of Shakopee alleging breach of contract, quantum meruit, breach of warranty of plans and specification, and misrepresentation and requesting damages arising out of its work on the Fuller Street Project; WHEREAS the City of Shakopee answered Richard Knutson, Inc.'s Complaint in the litigation denying all claims made by Richard Knutson, Inc; WHEREAS Richard Knutson, Inc. and the City of Shakopee wish to compromise and settle all claims among them arising out of Richard Knutson, Inc.'s work on the Project. NOW, THEREFORE pursuant to the terms of this Agreement, the parties agree as follows: I_ The City of Shakopee agrees to pay Richard Knutson, Inc. the sum of$44,863.50 within ten (10)day of the date of execution of this agreement in full settlement of all claims between the parties with regard to the Project_ Aug-29-97 09_13A_Wig___ _ Upon receipt by Richard Knutson, Inc, of the above-referenced payment, Richard Knutson fully and forever releases and discharges the City of Shakopee and their agents, directors, officers, council members,employees, representatives, insurers, and all other persons, firms, and entities from all liability, obligations, claims, demands, damages, actions, causes of action, or suits at law or inequity of whatsoever kind or nature whether arising by contract, tort, statute, or otherwise arising out of or in any way related to Richard Knutson Inc.'s work in the Project or the contract documents related to the Project which now or in the future could be asserted. III. The City of Shakopee hereby fully and forever releases and discharges Richard Knutson, Inc. and its directors, officers, members, shareholders, employees, agents, representatives, sureties, iudeumitors, insurers, subcontractors, suppliers, consultants, and all persons, firms, and entities from all liability, obligations, claims, demands, damages, actions, causes of action, or suits of law or inequity of whatsoever kind or nature whether arising by contract, tort, statute, oI otherwise arising out of or in any way related to Richard Knutson, Inc.'s work on the Project or the contract documents related to the Project which now or in the future could be asserted. Aug-29-97 O9: 14A gg P.O6 1V. The sole exception to the City of Shakopee's release of claims described in Paragraph DI above is that the City of Shakopee reserves its right to assert any future warranty claims expressly described in the contract documents related to the project. if any, that relate to Richard Knutson, Inc.'s work on the Project. The City of Shakopee represents in connection herewith that is not presently aware or any such warranty claims. Furthermore, Richard Knutson, Inc. retains any affirmative defenses it may have against the City of Shakopee in connection with any warranty claim asserted by the City of Shakopee. V. Upon the execution of this Release Agreement, the parties agree to direct their auorneys to execute on their behalf appropriate documentation to dismiss with prejudice all claims made by the parties against each other in the litigation without costs or attorneys' fees to any of the parties. VI. This Settlement Agreement is a compromise of disputed claims. The Parties hereto do not admit,and in fact, expressly deny any liability to one another relating to the Project, and that settlement of the claim is not an,admission by either party of the validity of any of the claims or defenses asserted in the action.This Settlement Agreement shall be binding upon each of the parties hereto as well as upon their successors and assigns. Aug-29-97 99: 14A gg P.06 VII. This Settlement Agreement constitutes the entire agreement among the parties hereto and the terms are contractual and not mere recitals. This Settdcmcnt Agreement may not be modified except in writing and signed by all parties. City of Shakopee By Its Subscribed and sworn to before me this day of , 1997. Notary Public Richard Knutson, Inc. By _ - Its Subscribed and sworn to before me this day of , 1997. Notary Public 141261162uS.uz /Y. C • 3 CITY OF SHAKOPEE r Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Relocation for Horizon Drive and Muhlenhardt Road Intersection DATE: September 2, 1997 INTRODUCTION: This item is for Council consideration to relocate the stop signs located on Horizon Drive to Muhlenhardt Road at the intersection of Horizon Drive and Muhlenhardt Road. BACKGROUND: Horizon Drive from Foothill Trail to Muhlenhardt Road was included in the 1997 Street Overlay Project and bituminous pavement was installed on the gravel surfaced Muhlenhardt Road. Horizon Drive is a bituminous surfaced road connecting to County State Aid Highway (CSAH) 18 which was recently reconstructed to a 4-lane divided urban arterial. In review of the Horizon Drive and Muhlenhardt Road intersection, stop signs were placed on Horizon Drive as Muhlenhardt Road was a County road and the major street. With the recent County Road (C.R.) 18 reconstruction and the street overlay project, staff believes that Horizon Drive is the major route over Muhlenhardt Road. Also, the sight distance is worse along the Muhlenhardt Road route versus the Horizon Drive east-west route. Staff has reviewed this intersection and is recommending the stop signs be relocated on Muhlenhardt Road for the following reasons: • Horizon Drive is a paved road to CSAH 18. • The sight distance along Muhlenhardt Road is worse than on Horizon Drive. • Horizon Drive appears to be the major street with Muhlenhardt Road being the minor street in the area. , 0- '' ; '.4 _ Staff would need to take traffic counts at this intersection to verify the amount of traffic at this intersection after CSAH 18 roadway is reopened to traffic. ALTERNATIVES: 1. Direct staff to perform a stop sign warrant study for the intersection of Horizon Drive and Muhlenhardt Road. 2. Direct staff to leave the traffic signage as is. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, for the reasons previously stated in this memo. ACTION REQUESTED: Direct staff to perform a stop sign warrant study for the intersection of Horizon Drive and Muhlenhardt Road. ruce Loney Public Works Director BL/pmp RELOCATE � W A � N O Ce W H- O_ CZ O O Q Z F- 2 V) O Z W H- A W J Z W (� I W I— O D W' U O O O CY O U J W H w11i- '5 x 'USI IUN'dHN31Hf1,4 1 " N° C 3nIeIQiza 3-1VG-17IH z X11 Nna XDJ r) 'ell 11IHiON3 C . 4-/ CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator • FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Bids for Eastway Avenue and Timothy Court, Project No. 1997-3 DATE: September 2, 1997 INTRODUCTION: The bids for Project No. 1997-3 were opened on September 2, 1997. The purpose of this item is to consider awarding the contract for this project to the apparent low bidder. Attached is Resolution No. 4731 for City Council consideration. BACKGROUND: The bids for these projects were opened on September 2, 1997. The following is a summary of the bids received: Chard Tiling&Excavating, Inc. $206,623.00 Latour Construction, Inc. $221,659.07 Erickson Construction, Inc. $224,830.00 Kuechle Underground, Inc. $225,401.80 Barbarossa& Sons, Inc. $225,473.50 Northdale Construction, Inc. $233,726.17 Ryan Contracting, Inc. $243,535.00 Kober Excavating, Inc. $246,073.40 Richard Knutson, Inc. $283,342.19 After checking the references for the low bidder, Chard Tiling & Excavating, Inc., staff is recommending awarding the contract for this project to them. Staff is also requesting authorization to execute a consultant contract with Bolton & Menk, Inc. to provide construction services with this project. The developers for Shenandoah Place and Pinewood Estates have signed petitions for the improvements proposed with the project. However, the petition for Shenandoah Place has not yet been recorded at the County Recorder's office, and cannot be recorded until the deed has been recorded by the developer. Also, the Shenandoah Place plat has not yet been recorded, which dedicates a portion of the right-of-way required for the proposed improvements. Conditions have been added to the resolution so that the contract will not be executed by the City until these two items are completed. The developer for Pinewood Estates has requested that the engineering work completed on the Eastway Avenue and Timothy Court improvements be reimbursed by the City, and that those costs be included with the project costs to be assessed. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4731, awarding the contract to Chard Tiling&Excavating, Inc. 2. Deny Resolution No. 4731. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 4731, A Resolution Accepting Bids on Eastway Avenue and Timothy Court, Within the Plats of Pinewood Estates and Shenandoah Place, Project Number 1997-3 and move its adoption. 2. Move to authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. to provide consultant construction services for the City of Shakopee. 3. Move to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 4. Move to authorize staff to reimburse the developer of Pinewood Estates $3,837.00 for engineering fees to date on this project and to assess these costs as part of the project costs. _._. . .... Joel Rutherford Assistant City Engineer MEM4731 RESOLUTION NO. 4731 A Resolution Accepting Bids On Eastway Avenue And Timothy Court, Within The Plat Of Pinewood Estates And Shenandoah Place Project 1997-3 WHEREAS, pursuant to an advertisement for bids for the Eastway Avenue and Timothy Court improvements, Project 1997-3, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Chard Tiling& Excavating, Inc. $206,623.00 Latour Construction, Inc. $221,659.07 Erickson Construction, Inc. $224,830.00 Kuechle Underground, Inc. $225,401.80 Barbarossa& Sons, Inc. $225,473.50 Northdale Construction, Inc. $233,726.17 Ryan Contracting, Inc. $243,535.00 Kober Excavating, Inc. $246,073.40 Richard Knutson, Inc. $283,342.19 AND WHEREAS, it appears that Chard Tiling and Excavating, Inc., R.R. 2, Box 200K, Belle Plaine, MN 56011 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That after the petition for the improvements has been filed with the Scott County Recorder, and after the Final Plat for Shenandoah Place has been filed with the Scott County Recorder, the appropriate City Officials are hereby authorized and directed to enter into a contract with Chard Tiling and Excavating, Inc. in the name of the City of Shakopee for the Eastway Avenue and Timothy Court improvements 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk ly. C. SS CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Public Works Maintenance Worker DATE: September 2, 1997 INTRODUCTION: City Council authorized staff on August 5, 1997 to advertise for a Public Works maintenance worker to fill a position that was authorized in the 1997 Budget. Staff will be interviewing candidates in the week of August 27-29, and hopefully will have a recommendation for City Council on September 2, 1997. BACKGROUND: In the 1997 Budget, an additional Public Works maintenance worker position was authorized by City Council, due to the increased number of streets, sewer and park area for maintenance that has occurred since the last hiring in 1993. Additionally, several miles of County and State Highway roads have been turned back to the City of Shakopee for maintenance this past year. Staff will be interviewing candidates, as mentioned previously, and a memo on the table will be provided if a recommendation can be made by the September 2, 1997 Council meeting. `, :ruce Loney Public Works Director BL/pmp HIRE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: September 2, 1997 INTRODUCTION: Interviews have been held with candidates for the Public Works maintenance worker position which was authorized at the August 5, 1997 Council time I am recommending that the City Council authorize the hiring o Michael Frasse o fill this position. BACKGROUND: In the 1997 Budget, an additional Public Works maintenance worker position was authorized by City Council, due to the increased number of streets, sewer and park area for maintenance since the last hiring in 1993. Staff utilized the latest Scott County personnel department list for maintenance worker, which was still active from the previous hiring done in April, 1997. Staff interviewed the top candidates from this list. The interview panel consisted of the Public Works Director, Public Works Supervisor, Public Works Street Lead Person and Public Works Park Lead Person. After reviewing the results of the interviews and the applications, the recommendation is to hire Michael Frassel. His anticipated starting date would be September 29, 1997, contingent upon his successful pre-employment physical. Budget Impact: The advertised salary range for Public Works maintenance position was listed $12.72 per hour. The City has recently approved a new labor agreement between the City of Shakopee and the Teamsters Public Works Union. The closest step to the advertised rate of pay for 1997 public works union pay schedule is Step 2, Grade H which is $12.706 per hour. This position is a non exempt position which allows the employee over time pay and the perspective candidate has agreed to Step 2 of the 1997 pay schedule for public works employees. • RECOMMENDATION: Staff recommends the hiring of Michael Frassel for the Public Works maintenance worker position. ACTION REQUESTED: Move to authorize the hiring of Michael Frassel as public works maintenance worker and to be hired at Step 2 of the 1997 Public Works Union Pay Schedule, with an effective date of September 29, 1997, contingent upon a successful pre-employment physical. Atitte, Bruce Loney Public Works Director BL/pmp HIRE 12. C . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator • FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: September 2, 1997 INTRODUCTION: Interviews have been held with candidates for the Public Works maintenance worker position which was authorized at the August 5, 1997 Council meeting. At this time I am recommending that the City Council authorize the hiring of Michael Frassel to fill this position. BACKGROUND: In the 1997 Budget, an additional Public Works maintenance worker position was authorized by City Council, due to the increased number of streets, sewer and park area for maintenance since the last hiring in 1993. Staff utilized the latest Scott County personnel department list for maintenance worker, which was still active from the previous hiring done in April, 1997. Staff interviewed the top candidates from this list. The interview panel consisted of the Public Works Director, Public Works Supervisor, Public Works Street Lead Person and Public Works Park Lead Person. After reviewing the results of the interviews and the applications, the recommendation is to hire Michael Frassel. His anticipated starting date would be September 29, 1997, contingent upon his successful pre-employment physical. Budget Impact: The advertised salary range for Public Works maintenance position was listed $12.72 per hour. The City has recently approved a new labor agreement between the City of Shakopee and the Teamsters Public Works Union. The closest step to the advertised rate of pay for 1997 public works union pay schedule is Step 2, Grade H which is $12.706 per hour. This position is a non exempt position which allows the employee over time pay and the perspective candidate has agreed to Step 2 of the 1997 pay schedule for public works employees. RECOMMENDATION: Staff recommends the hiring of Michael Frassel for the Public Works maintenance worker position. ACTION REQUESTED: Move to authorize the hiring of Michael Frassel as public works maintenance worker and to be hired at Step 2 of the 1997 Public Works Union Pay Schedule, with an effective date of September 29, 1997, contingent upon a successful pre-employment physical. Atixt Bruce Loney Public Works Director BL/pmp HIRE CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Southwest West Central Educational Cooperative Sevice Units - Employee Group Insurance DATE: August 27, 1997 Introduction The City has been approached to join the SouthWest and West Central Service Cooperative for the purchase of employee group insurance policies . Background The Coop was formed about 17 years ago and started as a group effort for insurance for school districts . It currently has a marketing effort underway to expand its membership. The cost is $250 . 00 in annual dues and it is a joint powers agreement . The advantage is; pooling of risk, lower risk retention amounts and reduced administrative costs resulting in lower insurance costs . The Coop provides the service of obtaining proposals, intermediary between the city and the carrier, negotiations with the carrier and pooled billing administration. Experience rating is on the pool, not on the city alone. Policy coverages do not change. The advantage to the city is avoiding the costs of the proposal process, immediate 2% reduction in premiums (about $420/mo. ) , anticipated future reduction in premiums based on pool experience (could be in the range of an additional 2+%) and purchasing/negotiation power through a larger group. There are current about 95 other governmental entities in the pool of which about half are cities . Attached is a copy of the joint powers agreement . Joining is a commitment for four years . After joining, getting proposals on our own or leaving the coop contrary to the established process results in not being able to rejoin for two years and forfeiting any cash reserves or rebates that may be pending. Council directed proposals be obtained this year for 1998 insurance . The city is not required to get proposals until next year. Joining the coop eliminates the requirement to get proposals on our own. Staff has been researching the coop for several weeks . If the decision to join the coop is not made quickly, we need to move rapidly on our own proposal process due the needed leadtime. Alternatives 1. Status Quo - continue on our own with the proposal process for 1998 policies . Consider coop. proposal with others . Blue Cross is virtually the only carrier in the market for our type of insurance plan. The other major carriers are the HMO variety and it is unlikely that the employees as a group would agree to change. Therefore, going through the proposal process this year is a council decision but unlikely to yield any benefits compared to just joining the coop. 2 . Cancel proposal process and wait for our renewal rates with Blue Cross to compare to the coop. rates (November?) . Again, I think we have the same situation of a 2% rate decrease upon joining the coop. (about $420/mo. ) with renewal the following year based on the coop' s loss ratio instead of the city' s . 3 . Get comparison rates of city vs coop. on the current month and decide to join the coop. or not based on that data. Proposal process canceled for this year. Proposal process started next year. Next year we would be required to get proposals. Blue Cross has said that the difference in rates is a two percent reduction immediately. 4. Just join the coop now. Recommendation Alternative 4 . I view this as more of a strategic decision to cooperatively acquire insurance than a short term purchasing decision as to which rates are better at this particular time. Both Blue Cross and the coop have said that our rates will drop 2% upon joining with further reductions at renewal time. Action Discuss and give staff direction. Greggv ox and Finande Director is\finance\docs\insure\swwc Revised 10/26/95 JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS MEMBER CITY AND OTHER GOVERNMENTAL UNIT INSURANCE PROGRAM This Joint Powers Agreement hereinafter referred to as "agreement", is made as of the day of ,19 ,between Member , and such other members as now or hereafter become parties to this agreement, hereinafter individually called "Participant'and the SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS (SW/WC ECSU), hereinafter called the"ECSU" and/or its designee. Pursuant to M.S. 471.59, Subd. 2: It is agreed and understood that: 1. the objective of this Joint Powers Agreement is to establish, procure and administer group employee benefits and financial risk management services that.embody the concept of pooling risks for the purpose of stabilizing and/or reducing costs, and 2. the purpose of this agreement is to define/clarify bid procedures, rights and responsibilities, length of contract, termination guidelines, liability and the method(s) by which parties to this agreement shall exercise their common power. DEFINITIONS 1. Participant -any entity or individual that(who) has been accepted for participation by the joint powers governing board. 2. Group Employee Benefits, (hereinafter referred to as "GEB") shall include, but not be limited to, health benefits coverage, life insurance, disability income protection, dental insurance, and flexible spending programs, and other services as directed by the Board. 3. Other Financial Risk Management Services shall include, but not be limited to, investments, contracted legal services, property/casualty safety group, student accident, and other services as directed by the Board. 4. Board -pursuant to M.S. 471.59, Subd. 11, the SC Board of Directors will serve as the joint powers governing board for the group employee benefits and financial risk management services and all associated services. This Board will be elected pursuant to the Bylaws of the ECSU, governing election of its board of directors. If the ECSU is abolished, the governing board will be that of the ECSU designee. As appropriate, the Board may designate a representative to act on its behalf. 5. Pool -the collective group of participants in a given program or group employee benefits or other risk management service or activity. RECITALS Each of the parties enters into this agreement pursuant to: A. MSA 471.59, Subd. 1 and 10: which authorizes two or more governmental units to exercise jointly or cooperatively powers which they possess in common, or B. M.S. 123.58 defining Eucational Cooperative Service Units. Participation in programs and services provided by ECSU shall be discretionary (id. Subd. 4), or Joint Powers Agreement for Group Employee Benefits C. acceptance by the Board of participation by non-profit, non-governmental units, which shall be held contractually to all terms and conditions of this agreement. II. Pursuant to M.S. 471.59, M.S. 471.61, and M.S. Section 16.07, the intent of this agreement is to transfer the Participant's right to purchase group employee benefits to the Board under the terms and conditions of this Agreement. III. The parties desire to state in this agreement that their common power shall be exercised for the purpose of providing financial risk management services, which may include but not be limited to: investments, contracted legal services, property/casualty, student accident insurance, dental, Section 125, life and health group insurance pooling, and other services as directed by the Board. IV. The parties desire to state in this agreement their intent to comply with the statutory requirements of group insurance, governmental unit bidding laws, COBRA and its Minnesota extensions, ERISA, and all other applicable federal and state statutes. V. It is not the intent of the parties to the agreement to transfer authority, liability or responsibility for matters other than securing proposals, establishing master contracts, negotiation of operating agreements and funding arrangements, and the facilitation of administrative services and funding arrangements as defined for each component of the group employee benefits and financial risk management services. AGREEMENT The parties agree as follows: The Recitals are part of this agreement. II. PROCEDURES FOR SECURING GROUP EMPLOYEE BENEFITS AND FINANCIAL RISK MANAGEMENT SERVICES. A. The Board shall from time to time change the procedures to comply with applicable law. B. Group Employee Benefits 1. Definition: pursuant to M.S. 471.6161, Subd. 1 "Group Insurance Coverage" is defined as benefit coverage provided to a group through a carrier authorized under Chapters 61A, 62A, 62C, 62D, and 62E to do business in the state. 2. Requests for Proposals/Selection of Carrier/Contract Length a) Pursuant to M.S. 471.6161, Subd. 2, the ECSU will request proposals from, and enter into contracts with, carriers that in the judgment of the Board are best qualified to provide coverage. The request for proposals shall be in writing and at a minimum shall include: coverage to be provided, criteria for evaluation of carrier proposals, and the aggregate claims records for the appropriate period. Public notice of the request for proposals will be provided in a newspaper or trade journal at least 21 days before the final date for submitting proposals. b) Pursuant to M.S. 471.6161, Subd. 3, the Board shall make benefit and cost comparisons and evaluate the proposals using the written criteria. The Board may negotiate with the carrier on premiums and other contract terms. The Board must prepare a written rationale for its decision before entering into a contract with the selected carrier. 2 Revised 10/26/95 JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS MEMBER CITY AND OTHER GOVERNMENTAL UNIT INSURANCE PROGRAM This Joint Powers Agreement hereinafter referred to as 'agreement", is made as of the day of ,19 ,between Member , and such other members as now or hereafter become parties to this agreement, hereinafter individually called "Participant"and the SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS (SW/WC ECSU), hereinafter called the "ECSU" and/or its designee. Pursuant to M.S. 471.59, Subd. 2: It is agreed and understood that: 1. the objective of this Joint Powers Agreement is to establish, procure and administer group employee benefits and financial risk management services that.embody the concept of pooling risks for the purpose of stabilizing and/or reducing costs, and 2. the purpose of this agreement is to define/clarify bid procedures, rights and responsibilities, length of contract, termination guidelines, liability and the method(s) by which parties to this agreement shall exercise their common power. DEFINITIONS 1. Participant-any entity or individual that(who) has been accepted for participation by the joint powers governing board. 2. Group Employee Benefits, (hereinafter referred to as "GEB") shall include, but not be limited to, health benefits coverage, life insurance, disability income protection, dental insurance, and flexible spending programs, and other services as directed by the Board. 3. Other Financial Risk Management Services shall include, but not be limited to, investments, contracted legal services, property/casualty safety group, student accident, and other services as directed by the Board. 4. Board -pursuant to M.S. 471.59, Subd. 11, the SC Board of Directors will serve as the joint powers governing board for the group employee benefits and financial risk management services and all associated services. This Board will be elected pursuant to the Bylaws of the ECSU, governing election of its board of directors. If the ECSU is abolished, the governing board will be that of the ECSU designee. As appropriate, the Board may designate a representative to act on its behalf. 5. Pool -the collective group of participants in a given program or group employee benefits or other risk management service or activity. RECITALS Each of the parties enters into this agreement pursuant to: A. MSA 471.59, Subd. 1 and 10: which authorizes two or more governmental units to exercise jointly or cooperatively powers which they possess in common, or B. M.S. 123.58 defining Eucational Cooperative Service Units. Participation in programs and services provided by ECSU shall be discretionary (id. Subd. 4), or Joint Powers Agreement far Group Empicyes Benefits c) Pursuant to M.S. 471.6161, Subd. 4, group insurance contracts may not exceed five (5) years in length, including all extensions. The Board shall request proposals for coverage at least once every sixty(60) months. Employees may be added to an existing group pursuant to a joint powers agreement under section 471.59. 3. Rate Increases a) The Board will annually review renewal information as presented by the carrier, make recommendations and determine if requests for proposals are necessary. b) Rate increases will be determined on the basis of single coverage. c) The carrier shall notify each Participant and the Board of any changes in rates at least sixty (60) days prior to the effective date of the rate change. Final rate adjustments will be effective the first day of the month following thirty (30) days written notice by the carrier. d) Pursuant to M.S. 471.616, Subd. 1, should the aggregate pool rate increase for single coverage equal twenty-five percent (25%) or more in a given contract year, the Board may solicit quotes for the pool. 4. Benefit Reduction: pursuant to M.S. 471.6161, Subd. 5, the aggregate value of benefits provided by a group insurance contract for employees covered by a collective agreement shall not be reduced unless the Participant employer and exclusive representative of the employees of an appropriate bargaining unit, certified under Section 179A 12, agree to a reduction in benefits. 5. Master Contract: The Board shall negotiate the master contract with the carrier selected for the pool on behalf of the Participants of the pool. Further, the Board will negotiate an operating agreement for the purpose of administering the master contract. C. Other Financial Risk Management Services 1. The Board will determine the most cost-effective and appropriate manner in which to deliver other financial risk management services. Methods may include, but are not limited to, provision for staff consultation services and contracting for professional services with independent contractors. (RE: Krohnberg v. Pass, 187 Minn. 73, 244 N.W. 329; 1932). Bids and/or quotations may be requested but are not required. 2. Selection of Carrier. the Board will contract with the carrier that, in the judgment of the Board, is best qualified to provide the service. III. RIGHTS AND RESPONSIBILITIES OF THE BOARD A. Group Employee Benefits 1. The Board shall negotiate master contracts for its own benefit and for the benefit of each of the Participants. A copy of the master contract shall be available for review by Participants. 2. Pursuant to M.S. 471.6161, Subd. 5, the Board has no authority nor authorization to change a policy or benefit of the Participant's group insurance policy without written authorization or request of the Participant. The policy of the Participant may be amended with respect to any matter relating to the insurance protection provided thereunder for the officers, employees and their dependents, and retired officers, employees and their dependents of any party by rider, amendment, or endorsement issued by the insurance 3 Joint Powers Agreement tor Group Emp cyee Benefits carrier by law, or with the written request of the Participant. The original of each such rider, amendment or endorsement shall be mailed or delivered by the-carrier to the Board to be attached to, and held with, the policy; and a copy of each such rider, amendment or endorsement will be furnished by the carrier to each of the Participants. 3. The Board shall secure quotes from carriers for entities requesting participation in the pool and respond to the carrier(s) with acceptance or rejection of their proposal within sixty (60) days of receiving necessary data. 4. The Board shall serve as liaison between representatives of the Participants to this agreement and the carrier, including general communications, problem resolution, transmittal of material, and pool meeting coordination. 5. The Board retains the right and responsibility, upon consultation with its Participants, to terminate any agreement into which it has entered on behalf of the pool. In the course of carrying out its responsibility, the Board may conduct other business negotiations consistent with group benefits and their delivery mechanisms. 6. The Board may negotiate, implement, and administer alternative financing arrangements which it determines best serves the interests of the Participants of the pool. 7. The Board shall determine the utilization of any monies acquired through discounts, credits, reserves, savings or in any other manner. B. Other Financial Risk Management Services 1 . The Board may negotiate operating agreements for its own benefit and for the benefit of each of the Participants. Copies of the operating agreements shall be on file for review by any Participant upon request. 2. The Board may request proposals from and enter into contracts with carriers/providers that in the judgment of the Board are best qualified to provide the service. Bids and/or quotations may be requested but are not required. 3. The responsibilities of the Board in the performance of other financial risk management services will be set forth in individual agreements. C. The Board, its authorized representatives, employees and designees shall have no duty or liability to any of the Participants,carriers, providers, or other financial risk management service providers with respect to the fees, premiums and/or contract charges, offers, acceptances or binders of coverage, cancellation notices, or other changes relating to the Participant's subscribers. The Board, its authorized representatives, employees and designees, and each Participant shall have no duty or liability due to negligence of other Participants, carriers, and providers. D. Upon request, the Board will assist in the resolution of disputes between a Participant and the carrier regarding claims,fees, premiums, and/or contract charges. E. The Board may recover the cost of administering services in the group employee benefits and financial risk management services by such means as deemed appropriate by the Board. IV. RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS: A. Any Board Participant, through its governing authority, may become a party to this agreement by executing and delivering this agreement to the Board. 4 • Joint Powers Agreement for Group Empicyee Benefits c) Pursuant to M.S. 471.6161, Subd. 4, group insurance contracts may not exceed five (5) years in length, including all extensions. The Board shall request proposals for coverage at least once every sixty(60) months. Employees may be added to an existing group pursuant to a joint powers agreement under section 471.59. 3. Rate Increases a) The Board will annually review renewal information as presented by the carrier, make recommendations and determine if requests for proposals are necessary. b) Rate increases will be determined on the basis of single coverage. c) The carrier shall notify each Participant and the Board of any changes in rates at least sixty (60) days prior to the effective date of the rate change. Final rate adjustments will be effective the first day of the month following thirty (30) days written notice by the carrier. d) Pursuant to M.S. 471.616, Subd. 1, should the aggregate pool rate increase for single coverage equal twenty-five percent (25%) or more in a given contract year, the Board may solicit quotes for the pool. 4. Benefit Reduction: pursuant to M.S. 471.6161, Subd. 5, the aggregate value of benefits provided by a group insurance contract for employees covered by a collective agreement shall not be reduced unless the Participant employer and exclusive representative of the employees of an appropriate bargaining unit, certified under Section 179A 12, agree to a reduction in benefits. 5. Master Contract: The Board shall negotiate the master contract with the carrier selected for the pool on behalf of the Participants of the pool. Further, the Board will negotiate an operating agreement for the purpose of administering the master contract. C. Other Financial Risk Management Services 1. The Board will determine the most cost-effective and appropriate manner in which to deliver other financial risk management services. Methods may include, but are not limited to, provision for staff consultation services and contracting for professional services with independent contractors. (RE: Krohnberg v. Pass, 187 Minn. 73, 244 N.W. 329; 1932). Bids and/or quotations may be requested but are not required. 2. Selection of Carrier: the Board will contract with the carrier that, in the judgment of the Board, is best qualified to provide the service. III. RIGHTS AND RESPONSIBILITIES OF THE BOARD A. Group Employee Benefits 1. The Board shall negotiate master contracts for its own benefit and for the benefit of each of the Participants. A copy of the master contract shall be available for review by Participants. 2. Pursuant to M.S. 471.6161, Subd. 5, the Board has no authority nor authorization to change a policy or benefit of the Participant's group insurance policy without written authorization or request of the Participant. The policy of the Participant may be amended with respect to any matter relating to the insurance protection provided thereunder for the . officers, employees and their dependents, and retired officers, employees and their dependents of any party by rider, amendment, or endorsement issued by the insurance 3 Joint r✓cwers !agreement rcr Group Emplc'iee 5eneiits B. Group Employee Benefits 1. Each Participant will execute necessary enrollment and renewal documents directly with the carrier for insurance protection for its officers and employees and dependents, retired officers and employees and dependents under their policy which shall be provided by the carrier. 2. Each Participant of the pool agrees to furnish employee data (census) pertaining to insurance coverage (i.e., name, date of birth, gender, single or family coverage status, salary, date of hire, benefits, class of benefit levels, experience records, medical information and other information required, etc.) directly to the carrier, as required. 3. The Participant shall remit, upon receipt of the appropriate bill from the carrier, contract charges to the appropriate authority prior to the due date. 4. The Participant will be responsible to notify the Board,and the carrier at least forty-five (45) days prior to the effective date of any rate change of its intent to withdraw from the pool. C. Other.Financial Risk Management Services 1. The Participant agrees to execute and submit all necessary data required to perform the respective service requested to the appropriate parties as directed by the Board. 2. The Participant shall remit payment as designated by the Board for services as billed and when due. V. LENGTH OF CONTRACT AND TERMINATION A. This agreement shall continue for a period of four years. The effective date shall be the date both parties have signed this agreement. Any Participant wishing to withdraw from this agreement shall provide a minimum of forty-five (45) days written notice prior to annual renewal of said intent to the Board, and the service carrier/provider, unless otherwise specified in a given contract. B. Group Employee Benefits 1. Participants receiving a fifty percent(50%) or greater increase in single rates in a given policy year shall be allowed to solicit proposals without jeopardizing their participation in the pool. Once the Participant accepts the proposal, it is excluded from the pool for two (2) years and forfeits all residuals and claim to excess pooled dollars. If the Participant elects to reject all proposals and retain participation in the pool, the Board will determine the applicable rate for the Participant, which will be one of the following: a. The Participant will be obligated to accept the actual formula rate as determined by • the Participant's own utilization and the carrier's rating formula; or b. The Participant will receive a rate to be established by the Board. If the Participant's single insurance rate is increased by more than fifty percent (50%) in any given policy year, the affected Participant may withdraw from this agreement by giving written notice of its withdrawal to the Board and the carrier at least forty-five (45) days prior to the start of the policy year for which the rate increase is effective. 2. Should an individual Participant solicit proposals independently without a fifty percent 5 JC.n: /,rreement .or a oup oenents (50%) increase in single rates in a given year, the Board retains the right to terminate said Participant's participation in the appropriate group insurance service. An individual Participant terminated under these conditions shall be ineligible to participate for a period of not less than two (2) complete policy years and forfeits any pool reserves or excesses. 'Soliciting proposals' shall be defined as requesting and/or accepting proposals. 3. Any Participant wishing to withdraw from the pool at a time other than the date of renewal shall provide a minimum of ninety (90) days written notice of said intent to the Board and to the carrier. If a Participant withdraws from the pool without a fifty percent(50%) increase in a given year, the Participant shall be ineligible to participate for a period of not less than two (2) complete policy years and forfeits any interest in and rights to any pool reserves. 4. The Board retains the right to shorten or extend the policy/plan year should such action benefit the Participants. VI. LIABILITY OF PARTIES: Any Participant which is a party to this agreement holds the Board, its employees and its designees, and the other Participants which are a party to this agreement harmless. The parties agree to waive any rights to litigation from any dispute arising out of this agreement unless such action is the result of intentional wrongdoing. Contemplated in this provision are good faith efforts associated with the bidding, rating, claims, renewal, and administrative matters associated with the master agreement. Certain other responsibilities, including but not limited to collective bargaining disputes, benefit disputes, claims payments, employee ERISA and COBRA rights, claims, compliance with statutes, eligibility, premium and/or contract charge payments, retiree benefits, and enrollments, are the sole responsibility of the respective Participant. Pursuant to all applicable state and federal laws, this agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the parties. Minnesota Educational Cooperative Service Units (ECSU) BY: TITLE: DATE: BY: TITLE: DATE: (PARTICIPANT NAME) BY: TITLE: DATE: BY: TITLE: DATE: 6 • Joint Powers Agreement rcr Group 5mpic,,ee Sene its B. Group Employee Benefits 1. Each Participant will execute necessary enrollment and renewal documents directly with the carrier for insurance protection for its officers and employees and dependents, retired officers and employees and dependents under their policy which shall be provided by the carrier. 2. Each Participant of the pool agrees to furnish employee data (census) pertaining to insurance coverage (i.e., name, date of birth, gender, single or family coverage status, salary, date of hire, benefits, class of benefit levels, experience records, medical information and other information required, etc.) directly to the carrier, as required. 3. The Participant shall remit, upon receipt of the appropriate bill from the carrier, contract charges to the appropriate authority prior to the due date. 4. The Participant will be responsible to notify the Board,and the carrier at least forty-five (45) days prior to the effective date of any rate change of its intent to withdraw from the pool. C. Others Financial Risk Management Services 1. The Participant agrees to execute and submit all necessary data required to perform the respective service requested to the appropriate parties as directed by the Board. 2. The Participant shall remit payment as designated by the Board for services as billed and when due. V. LENGTH OF CONTRACT AND TERMINATION A. This agreement shall continue for a period of four years. The effective date shall be the date both parties have signed this agreement. Any Participant wishing to withdraw from this agreement shall provide a minimum of forty-five (45) days written notice prior to annual renewal of said intent to the Board, and the service carrier/provider, unless otherwise specified in a given contract. B. Group Employee Benefits 1. Participants receiving a fifty percent(50%) or greater increase in single rates in a given policy year shall be allowed to solicit proposals without jeopardizing their participation in the pool. Once the Participant accepts the proposal, it is excluded from the pool for two (2) years and forfeits all residuals and claim to excess pooled dollars. If the Participant elects to reject all proposals and retain participation in the pool, the Board will determine the applicable rate for the Participant,which will be one of the following: a. The Participant will be obligated to accept the actual formula rate as determined by • the Participant's own utilization and the carrier's rating formula; or b. The Participant will receive a rate to be established by the Board. If the Participant's single insurance rate is increased by more than fifty percent (50%) in any given policy year, the affected Participant may withdraw from this agreement by giving written notice of its withdrawal to the Board and the carrier at least forty-five (45) days prior to the start of the policy year for which the rate increase is effective. 2. Should an individual Participant solicit proposals independently without a fifty percent 5 CONSENT iyE. z.. City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1997 Auditor Authorization DATE: August 22, 1997 Introduction Council authorization to execute a contract for 1997 audit services is requested. Background Council has retained the firm of Deloitte and Touche for five previous years. The firm is rotating personnel assigned to the job to keep getting a "new look" at the material. There was a new senior staff person on the job last year. All together there are at least six people at the firm involved in reviewing the city financial report. Deloitte and Touche is proposing a fee for 1997 of $21,070. The fee for last year was $17,250. Alternatives 1. Accept the proposal of Deloitte & Touche. 2. Negotiate a new amount and or services with Deloitte. 3. Solicit new proposals. Recommendation Alternative number 1. Staff was very satisfied with the performance of Deloitte and Touche and believes that Council was also. Action Requested Move to accept the proposal of Deloitte and Touche for the provision of audit services for the 1997 fiscal year in the amount of $21,070 and authorize the appropriate city officials to execute a contract for the audit services. Gregg Voxland Finance Director :\finance\docs\cafr\audit97 CONSENT /Y. E. 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Multiple Sclerosis Minneapolis Chapter Minnesota DATE: August 29,1997 INTRODUCTION&BACKGROUND: The Multiple Sclerosis Minneapolis Chapter Minnesota is making application to renew their premise permit for their gambling activities at the Rock Spring Restaurant at 1561 East 1st Avenue. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 4734, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Multiple Sclerosis Minneapolis Chapter Minnesota, and move its adoption. JSC/tiv �� .�..i pz ..,.aft 1e"-. .. �. RESOLUTION NO. 4734 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR MULTIPLE SCLEROSIS MINNEAPOLIS CHAPTER MINNESOTA WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Multiple Sclerosis Minneapolis Chapter Minnesota is seeking Premises Permit through December 31, 1999, for the site at the Rock Spring Restaurant at 1561 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Multiple Sclerosis Minneapolis Chapter Minnesota at the Rock Spring Restaurant, 1561 East 1st Avenue, Shakopee, Minnesota is hereby approved. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this 2nd day of September, 1997. Mayor of the City of Shakopee ATTEST: City Clerk JSC/tiv CONSENT, , y, CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1998 EDA Tax Levy Consent Resolution DATE: August 25, 1997 Introduction Attached is Resolution Number 4733 which consents to the EDA tax levy. Background State law provides that the city may levy a tax at the request of the EDA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 4733 , A Resolution Levying A Tax At The Request Of The Economic Development Authority For The City Of Shakopee, and move its adoption. hve Gregg ox and Finance Director n:\budget\budres98 Tet.,‘.; 103 RESOLUTION NO. 4733 A RESOLUTION LEVYING A TAX AT THE REQUEST OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE WHEREAS, the Economic Development Authority for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469 . 091 et . seq. , as amended, and WHEREAS, Section 469 . 107 states the governing body of the municipality may levy a tax at the request of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a tax levy of $101, 701 by the Economic Development Authority for the City of Shakopee for taxes payable in 1998 . Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of September, 1997 . Mayor of the City of Shakopee ATTEST: City Clerk A CONSENT, Y E.5 City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1998 Proposed Tax Levy and Budget Resolution DATE: August 29, 1997 Introduction Attached is Resolution Number 4732 which sets the maximum proposed 1997/98 tax levy. Time frames The existing law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the county by September 15 . The City has to publish notice and hold a public hearing, adopt the final tax levy and adopt the budget a later hearing, and then certify the final levy to the county by December 29 , 1997 . Tax Levy The proposed maximum tax levy for 1997/98 is a General Fund levy of $2, 911, 313 (including a debt service levy of $196, 942) and no local option transit levy. The levy last year was $2, 907, 742 including $193 , 371 for debt service and also there was the $293, 309 local levy for transit . The increase in the gross levy for the general fund is $3 , 571 or 0 . 196. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. The levy for the fire bonds is already set by action last and is decreasing from $293, 309 to $250, 569 . This is on the market value of real estate and not tax capacity value. Governmental Funds Budget The Council is required to certify a proposed budget to the County Auditor by September 15th. Council may change the amount up or down for the final budget . The resolution includes the Governmental Funds Budget proposed amount of $13 , 699, 027 . The budget is not fixed. The comparable number last year was $12, 243, 532 . r , „01 Alternatives 1 . Adopt resolution as drafted. 2 . Increase or decrease amounts for tax levy or budget in the resolution. 3 . Table to a date before 9/15/97 . Action Offer Resolution Number 4732, A Resolution Setting Proposed Maximum 1997 Tax Levy, Collectable In 1998, and move its adoption. U Gregg oxland Finance Director n:\budget\budres98 RESOLUTION NO. 4732 A RESOLUTION SETTING PROPOSED MAXIMUM 1997 TAX LEVY, COLLECTIBLE IN 1998 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following amounts be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee; General Levy (net of HACA) $2, 911, 313 Debt Service - Fire Referendum $ 250, 569 (Market Value) BE IT FURTHER RESOLVED, that the proposed expenditures for the Governmental Funds Budget for 1998 is $13 , 699, 027 . BE IT FURTHER RESOLVED, that the public hearing for the tax levy is December 11, 1997 with the continuation date of December 18, 1997 . BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September, 1997 . Mayor of the City of Shakopee ATTEST: City Clerk l , E. 167 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Improvement Bond Sale DATE: August 28, 1997 Introduction Council action is needed for setting the sale of improvement bonds for 1997 . Background Attached is a resolution prepared by bond counsel which sets the sale of improvement bonds for 1997 . This is a routine event . The bonds to be sold will finance the 1997 Overlay, Maras St . , Vierling Drive - Presidential to 69 and Eastway projects . The resolution is suggested to be adopted at the September 2nd Council meeting or if Eastway is not approved, tabled until September 16th. Action Offer Resolution No. y>3S A Resolution Authorizing Issuance and Sale of $1, 805, 000 General Obligation Improvement Bonds, Series 1997B, and move its adoption. Gregg o�d Finance Director I:\finance\docs\gregg\97Bbonds 08/28/97 THU 10:20 FAX 16123402644 DORSEY WHITNEY 21 002 CERTIFICATION OF MINUTES RELATING TO $1,805,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, September 2, 1997, at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages: RESOLUTION NO. y'7,3,5— RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,805,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B TERMS OF PROPOSAL 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 1997. Judith Cox, City Clerk 08/28/97 THU 10:21 FAX 16123402644 DORSEY WHITNEY tJ}003 Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,805,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997E BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Puipose. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1997B, in the principal amount of $1,805,000 (the Bonds), including $18,050 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects: Improvement Project Estimated Cost No. 1996-4 $580,095 No. 1997-1 300,000 No. 1997-2 1,080,000 No. 1997-3 375,030 $2,255,205 Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Section 3. $ale Authorization. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, clause (9), Springsted Incorporated is authorized and directed to prepare and distribute art official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at its regular meeting to be held on Tuesday, October 7, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council. • 08/28/97 THU 10:21 FAX 16123402644 DORSEY WHITNEY Wj004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the - same, whereupon said resolution was declared duly passed and adopted. -2- 08/28/97 THU 10:21 FAX 16123402644 DORSEY WHITNEY 2005 • THE CITYHA:` AUTHORIZED EEED TO i ATE THIS ISSUE ON ITS� EAROPOSALS WILL RECEIVED D ONTHE FOLLOWING NG B 5S: TERMS OF PROPOSAL Si,805,000 CiTY OF SHAKOPEE, MINNESOTA GIENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 19970 (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 7, 1997 until 11:30 AM. Central Time, at the offices of Springsted incorporated, 85 East Seventh Place, Suite '100, Saint Paul. Minnesota,after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale_ Tne bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion In the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARi1Y may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817)885-8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the 6:ends regardless of the manner of the Proposal submitted. DETAILS OF THE BONGS The Bonds will 1xe dated November 1, 1997, as the date of original issue, and will bear interest payable com uteri or theb1 and asisof�350-day yuSt 1 of ear of ach year, 30-day commencing August 1, 1998. Interest will bep The Bonds will mature February 1 in the years and amounts es follows: 1999 $ 113,000 2003 5195.000 2007 $105,000 2000 $395,000 2004 $105,000 2008 $105,000 2001 5300,000 2005 3105,000 2009 $ 70.000 2002 9240,000 2006 $105,000 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 i- 08/28/97 THU 10:22 FAX 16123402644 DORSEY WHITNEY Q006 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.m:sy be made in the principal amount of 55,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and int:rest are payable by the registrar to OTC or Its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The pi.rchaser, 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 ea:ct on February 1, 2004. and on any day thereafter, to prepay Bonds due on or after February 1, 2005. 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 lot the beneficial interests in suchm maturity to bedeemed and e redeach emed.All prepayymentswill then shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will se 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 improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,786,950 and accrued interest on the total principal amount of the liionds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a csPrtified or cashier's check or a Financial Surety Bond in the amount of$19,050, payable to the ,rder of the City. If a check is used, it must accompany each proposal. If a Financial Sureti' 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 Finan,:ial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will cleposit the check of the purchaser. the amount of which will be deducted et 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 ':'f the Bonds having been made. Rates shall be in integral multiples of 51100 or 1/8 of 1%.the state of the inascending tol the date of maturity.ty. Noof the me condi�conditional propshall osals will be ar a single rate from accepted. -ii- 08/28/87 THU 10:22 FAX 16123402644 DORSEY WHITNEY it)007 AWARD The Bonds will tie awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to; (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, a nd, (iii) reject any proposal which the City determines to have failed to comply with the terms herein_ 'BONO INSURANCE AT PURCHASER'S OPTION If the Bonds cp.alify for issuance of any policy of municipal bond Insurance or commitment therefor at the aption of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shalt be at the sole option and expense of the purchaser of the Bonds, An r? increased costs of issuance of the Bonds resulting from such purchase of insurance shall Je 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 shell 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 ga.alfy for assignment of CUSIP numbers such numbers will be printed on the Bonds, but reit ler 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 CLSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purcheser. SETTLEMENT Within 40 days !allowing the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receiat by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary dosing 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 that Bonds wilt be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. - iii - 08/28/97 THU 10:23 FAX 16123402644 DORSEY WHITNEY i3008 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information refs:ve to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101,telephone (612)223-3000. The Official Stati meat, 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 uiderwriting syndicate submitting a proposal therefor, the City agrees that, no more than sever 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 75 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 distiibuting copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with reaped 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 ail Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 2, 1997 BY ORDER OF THE CITY COUNCIL Is!Judith Cox City Clerk iv- 5 . 0. CITY OF SHAKOPEE CC l l' . E. Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Blocks 3 &4 Development Agreement DATE: August 27, 1997 Introduction and Background: At the March 4, 1997 Regular Meeting,the Economic Development Authority directed staff to negotiate a Development Agreement with the Scott County HRA for the Blocks 3 &4 project. The respective staffs of the City and HRA have arrived at a Development Agreement for the EDA's discussion. Attached to this memo for City Council's and EDA's information are 1.)the Development Agreement outline; 2.) and the Draft Development Agreement. At the meeting,there will be a presentation of the Development Agreement's major points. City Council and EDA Resolutions approving the execution and delivery of the Development Agreement will be available at the September 16 EDA and City Council meetings, after the EDA and City Council receive Ehlers and Associates' analysis of the project, and after public hearings by the EDA and City Council regarding the ground lease and the sale of HRA bonds, respectively Recommended Action: No action is recommended at this time. The Development Agreement draft is for discussion purposes. Paul Snook Economic Development Coordinator dvagmmo l.doc