HomeMy WebLinkAbout15.C.1. Quarry Reuse Project Concept Plan
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CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig
Meeting Date: September 21,2004
Subject: Quarry Reuse Project Concept Plan
INTRODUCTION
City Council is asked to review, comment, and provide direction on the concept plan and
cost estimates for reuse of the restored Aggregate Industries quarry, and determine
whether or not you want to proceed with acquisition of this property.
BACKGROUND
The city has been participating in an effort to explore the potential acquisition and reuse
of the Aggregate Industries quarry in eastern Shakopee. This 120.,.acre quarry is
adjacent to the Prior Lake-Spring Lake outlet channel in a portion of city's industrial park.
Last year, the city became aware of the potential reuse opportunity of this site through
the Prior Lake Water Ski Association, which currently has a lease agreement for use of
the water and a portion of the shoreline. Aggregate Industries had notified the Ski
Association that they would consider an offer to acquire portions of the site to be reused
by the community, and the Ski Association was looking for potential partners.
Quarry Reuse Project Committee
Over the course of several months, ten organizations came together to form a committee
to explore how the site could be reused as a recreational amenity, while protecting the
natural resources of the site. These organizations included:
. Aggregate Industries
. Prior Lake Water Ski Association
. City of Shakopee
. Minnesota DNR Fisheries
. Minnesota DNR Trails and Waterways
. Outdoor Heritage Education Center (OHEC)
. Xcel Energy
. Amateur Riders Motor Cycle Association (ARMCA)
. Prior Lake-Spring Lake Watershed District
. Lower Minnesota Watershed District
The committee developed a program document (reviewed previously) to outline how
multiple complimentary uses could be achieved on the site while enhancing the
recreational opportunities and natural resources. The committee also funded the
services of a consultant to help develop a concept plan and preliminary cost estimates
for the site. $tuart Krahn from !3pnestroo, Rosene and Anderlik has been working with
the committee to develop this information.
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Future Ownership
One of the primary questions that came up during this process was future ownership of
the site, should this project move forward. It became evident that the city would be in the
best position for ownership.
Although Council authorized an offer earlier this summer (that Aggregate Industries has
generally accepted) to acquire the site for $250,000, the actual purchase agreement was
notgoing to be developed until we had development cost estimates and the,use
agreement with the Prior Lake Water Ski Association complete.
Parks and Recreation Advisory Board Review
The Parks and Recreation Advisory Board reviewed the proposed final site plan on
August 23. Their comments included the following:
. Acquiring the property at the proposed cost is an opportunity. However, there are
challenges in funding future development. There would need to be a two-staged
approach: acquire now and continue to work on funding the improvements.
. Users should look at revenue sharing to help pay for ongoing operating costs, and
look at how the site can be designed to generate revenue.
Environmental Advisory Committee Review
The Environmental Advisory Committee reviewed the concept plan and cost estimates
on September 8. Their comments included the following:
. This site is adjacent to the proposed greenway and would be an excellent
component of the greenway system.
. Xcel had indicated during their gas turbine approval process that access on the
south side of their peaking plan for trails and open space was possible. (This access
was shown on previous concept plans, but Xcel has asked that it be removed due to
the proximity of the sub station. Discussions will continue with Xcel on this.)
. The city should continue to proceed with this plan.
Lower Minnesota Watershed District Board of Managers Review
The Lower Minnesota Watershed District Board of Managers reviewed the proposed
concept plan plan on August 18. Their comments included the following:
. Questioned whether or not the quarry had an impact on ground water, and whether
or not there was an inlet or outlet.
. Indicated that their support was limited to their involvement with the greenway
corridor and connecting to the Minnesota River.
. Expressed concern about the need to ensure the water quality of the quarry since it
is a contained body of water. (Cited problems with geese on water bodies in Eden
Prairie.)
CONCEPT PLAN (Attachments A and B)
The concept plan for this site shows how the vision created in the program document
can coexist and compliment the site. It is a long-term plan that will require collaboration
and alternative funding sources.
AGREEMENTS
There are several agreements associated with this project that still need to be
developed. In order to provide Council with additional background, I have included the
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preliminary terms that we have developed for each agreement. Final agreements would
be brought back for approval.
Prior Lake Water Ski Association Use Aareement
Term
. Initial term of 25 years, renewable
. Subject to PLWSA performance
. Term extension rights with additional PLWSA investment
. Ability for City to terminate only through PLWSA dissolution, breach-of-contract, or if
PLWSA fails to meet performance measures
. One-year Breach/Performance cure-period
. PLWSA rights to remove and retain bleachers and removable water-ski related
improvements if Use Agreement is terminated
. PLWSA Option to terminate agreement with one-year notice to City
Rent
. PLWSA not subject to rent (requirement for 604A.20 - 604A.27 liability shield)
Contributions
PLWSA commits to:
. Provide funding toward initial improvements necessary to create pUblic access
. In-kind labor contributions toward minimizing impact from PLWSA use of the site
(e.g. annual clean-up, and clean-up after public events).
. Funding and constructing all improvements to boat launch and to improvements
directly related to membership and water-skiing
. Contribute toward long-term improvements to maintain site
PLWSA Use of Property
. Non-exclusive use of land surrounding lake
. Exclusive use of surface water of Lake, sunrise - sunset, from May 1 through
October 31, except for special surface water use as agreed to by the city and
PLWSA
. Right to install temporary public viewing bleachers on the west shore of lake, and
natural spectator seating on both the west and south shores of the lake.
. Right to construct membership building, concession stands, storage sheds, judges
stands
. Right to display temporary commercial banners and signs to help fund improvements
to the site
. Right to construct, install, and maintain water-ski improvements including
0 Regulation ski-jumps
0 Regulation submersible or permanent slalom courses (at least one along
the south shore of the lake, and at least a second along the west shore of
the lake)
0 Install or create slope/shoreline improvements to prevent erosion and
mitigate wake-rebound
0 Docks and member boat lifts installed in lake at designated areas
. Create new Shakopee destination and attraction for Water-skiers, water-sports
enthusiasts, and public:
0 Competition and Show Team practice site
o ,,$kiLessons,Clinics
o Amateur and Professional tournaments
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0 Regular public and private Ski Show Exhibitions
0 Community events
0 Water-ski industry events
. Coordinate and schedule in advance special events requiring use of park land and/or
park areas with City
. Abide by safety procedures as described and mandated by USA Waterski
. Use restricted to PLWSA members and PLWSA authorized guests at sanctioned
events only
. Electric power, phone, internet access, web-cams at site
Alterations and Improvements to Site
. All site improvements subject to City approval. Timely approval process.
. Approval for improvements described herein not unreasonably withheld or delayed,
provided that the request is within the spirit of this agreement.
Insurance
. PLWSA to fund and maintain $1 million General Liability policy against claims
. City listed as additional insured
Indemnification
. Each party agrees to indemnify, defend, and hold harmless the other from claims
and damages arising out of the activities or uses of the site
PLWSA Revenue
Parties acknowledge PLWSA right to raise funds from use of site:
. Charge and .collect membership fees, directly or indirectly for member/guest use
. Charge and collect admission fees for water-ski related events
0 Individual admission fees
0 Corporatellndustry event fees
0 Fees charged to organizations participating in event
. Sell concessions
. Hold fund raising events at site
. Charge for and display temporary advertising
. PLWSA is open to revenue sharing arrangements with the City
PLWSA Benchmarks/Performance measures
. PLWSA will change its name to "The Shakopee - Prior Lake Waterski Association",
(or something similar), once initial public access improvements completed
. PLWSA will deliver on funding the contributions described above:
0 $ toward initial public access to site, payable when improvements
completed
0 Minimizing impact to PLWSA use of site through in-kind labor
contributions
o Ongoing contributions toward long~term improvements to site
. PLWSA will stage at Quarry Lake at least five tournaments, Ski Show Exhibitions,
and/or special events annually, to which public is invited, beginning the June -
September period after the initial public access improvements are completed.
PLWSA will market these tournaments and/or shows with intention of drawing an
increasing attendance.
. PLWSA will offer at least two 'Learn to Ski' sessions per season.
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. Following the contribution for initial public access improvements, each time PLWSA
re-investments at Site reach $_, (cash + in-kind, water-ski and other
improvements), the Term of this Use Agreement will be automatically extended by 5
years.
City Obligations
. Fund, construct, and maintain public access to site including road, parking lot, and
adequate crossing over Prior Creek. Crossing adequate to handle car, boat & trailer,
and public traffic as described and implied in Quarry Lake Program Document.
. All necessary City approvals allowing PLWSA use as described herein and in the
Quarry Lake Program Document. City approvals to have same term as this
agreement.
. Deliver on Trails and Park improvements as described in Program Document
. Maintenance of grounds, public restrooms
. Include PLWSA and PLWSA events in City notices and publications
. PLWSA right to use site according to terms of this agreement cannot be changed or
altered by City decision to sell, donate, or otherwise abandon site.
Assignment and Subletting
. PLWSA may not assign Use Agreement or sublet without prior written approval of
City
Xcel Enerav Prooertv Use Aareement
In working with Pat Cline from Xcel Energy, the following are general terms for use of
their property:
. Xcel Energy would provide use of a portion of their property for passive recreational
use by providing the city with an easement.
. The term would be a 20 years with options to renew.
. The easement could be revoked by either party with certain advanced notification.
Agareaate Industries Purchase Aareement
. Purchase of Land. Buyer proposes to purchase approximately 110 acres of land
described approximately as follows:
The N % of the SW 1/4 of Section 11 and that part of the S.% of the SW 1/4 of
Section 2 lying southerly of the Chicago & Northwestern Rail Road, including the
entire lake and lake frontage, except the existing industrial site in the northeast
corner of said property, consisting of approximately 20 acres.
. Purchase Price. Buyer will deliver to Seller at the Closing the sum of Two Hundred
Fifty Thousand Dollars ($250,000) for the purchase of approximately 110 acres. This
transaction will be completed by wire transfer with Seller delivering to Buyer written
wire instructions at least two (2) business days prior to Closing. Buyer and Seller
agree to work together on structuring this transaction to take advantage of the 1031
tax free exchange provision or other tax management mechanism.
. Abstract. Seller will deliverto the Buyer an updated abstract to the property as soon
as possible in order for Buyer to do a title search and to secure title insurance to the
property. This needs to be accomplished before the transaction will close.
. Survev. Buyer will survey the property prior to Closing.
. Site Clean-up. Seller will cause the northwest corner of the property to be cleaned of
construction materials, wire, rebar and contaminated soil prior to Closing.
. Closina Date..Closingwill occur on or before December 31, 2004.
. Warranty Deed. Seller is to deliver a Warranty Deed to Buyer at Closing.
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. Transaction Expenses. After the execution of this letter of intent, Buyer and Seller
will each bear their own expenses associated with this transaction.
. Rail Easement: Seller shall retain a perpetual easement along the northerly property
line for the purpose of constructing a rail spur in the future. The dimensional
standard for said easement will be established prior to Closing.
. Fill Easement: Seller shall retain an easement for the purpose of importing clean fill
that may be placed underwater or above. The terms of said easement shall be
negotiated prior to Closing.
. PLWSA UseAareement: Buyer will work with the Prior Lake Waterski Association to
agree on a long term use agreement for PLWSA prior to Closing.
. Multiple Uses: Buyer will diligently and earnestly work with the Outdoor Heritage
Education Center, the Department of Natural Resources - Fisheries and Wildlife &
Trails and Waterways Divisions, Amateur Riders Motorcycle Association (ARMCA)
and Xcel Energy toward the development of multiple complimentary uses of the
property and adjacent lands.
. Interoretive Signage: Buyer will diligently and earnestly work with Seller and all
stakeholders to develop signage that tells a story similar to that which is told in the
Quarrv Lake Program Document.
OHEC Purchase Agreement
At this time, we don't have specific terms for potential resale of property to OHEC.
COST ESTIMATES (Attachment C)
AttachmentC details the cost estimates for this project as shown, a total of $8,312,109.
Of this amount, $2,283,829 has been identified as costs that the city would share in,
including infrastructure, trails, plantings, and other park amenities.
The proposed 2005-2009 parks CIP has no park dedication funds allocated for this
project. However, many of the uses planned for the site would be funded from other
sources. In addition, due to the collaborative nature of this project, there is potential to
secure significantgrant funding. On the cost estimate, we have identified potential
funding sources, and the committee has designated an individual to coordinate the grant
research and application process.
REQUESTED ACTION
With this additional information, City Council is asked to decide whether or not it wants to
proceed with acquisition, and to provide direction on the terms of the 'agreements.
If you are inclined to proceed, move to direct appropriate city staff to work with the City
Attorney to finalize the use agreements and purchase agreement.
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Attachment A
Concept Plan
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Attachment B
Cost Estimates
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Quarry Lake Park Master Plan
Preliminary Cost Estimate
SEPTEMBER 2004
77.04.106
liTEM I QUANTITY I UNITI UNITCOST I EXTENSION I POTENTIAL FUNDING PROGRAMS I
Infrastructure , FEDERAL RECREATIONAL TRAIL PROGRAM
Bnuminous roads 6700 SY $20 $134000 DNR OUTDOOR RECREATION GRANT
Bnuminous 35 vehicle "arkinn 1 300 SY $20 $26 000 IN KIND CONTRIBUTIONS
Bridoe - vehicular 2560 SF $150 $384 000
Electrical "anel "arkino, & shelter 1 LS $40 000 $40 000
Water Service 1800 LF $20 $36 000
Water Qualitv Pond 1 EA $10,000 $10,000
I SUBTOTAL I $630,000 1
Trails DNR OUTDOOR RECREATION GRANT
Bituminous trails 8000 SY $15 $120000 FEDERAL RECREATIONAL TRAIL PROGRAM, TEA21
Soft surface trail - 5 foot wide -Motorized 1300 SY , $3 $3 900 DNR FISHING PIER GRANT PROGRAM
Soft surface trail - 8 foot wide -Xcel Shared use 3700 SY $5 $16650 ALL TERRAIN VEHICLES GRANTS IN AID
Wood boardwalks/ fishino Diers 15500 SF $20 $310000 LOCAL TRAIL CONNECTIONS PROGRAM
Bridoes - "edestrian ("refab 12 foot wide 960 SF $130 $124800 XCEL ENERGY; TREAD LIGHTLY
Outlook structure 1 EA $50,000 $50,000 IN KIND CONTRIBUTIONS
I SUBTOTAL I $625,350 I
Outdoor Heritaae Education Center (OHEC)
Archerv facilnv/Hides for Habitat Storaoe 21 000 SF $25 $525 000
Education Center 1 LS $3 650 000 $3 650 000
Bnuminous 200 vehicle "arkina 8 300 SY $20 $166000
Concrete Davement Datio 5000 SF $7 $35 000
Interactive learnino stations 5 EA $7 000 $35 000
Inter"retive sinnaoe 10 EA $1 500 $15 000
Rainwater aardens 16500 SF $12 $198000
Electrical service 1 LS $60 000 $60 000
Sanitarv sewer 6" + 2 manholes 600 LF $23 $13800
Water main 6" + wet tap to main 600 LF $25 $15,000
I SUBTOTAL I $4,712,800 I
PLWSA AWSA
Bituminous boat storaoe 925 SY $20 $18 500 USA WATER SKI
Boat Storaae Fencina 250 LF $35 $8 750 WATER SKI INDUSTRY
Boat Launch U"orade 1 LS $10 000 $10 000 IN KIND CONTRIBUTIONS
Breakwaters 600 LF $100 $60 000
Concession Stand/Event Office/Storaae 1600 SF $100 $160000
Dock- 10 foot wide wood boardwalk 600 SF $20 $12,000
I SUBTOTAL I $269,250 I
Plantinas XCEL ENERGY I
Shoreline/Emeroent Veoetation 4 AC $2 000 $8 000 FIVE-STAR RESTORATION MATCHING GRANT
Trees 75 EA $400 $30 000 DNR ENVIRONMENTAL & CONSERVATION PARTNERS1
Trainino Field - seed 1 AC $5 000 $6 000 DNR SHORELAND IMPROVEMENT GRANT
UOiand Seedino 20 AC $4,000 $80,000 NFWS GENERAL MATCHING GRANTS
IN KIND CONTRIBUTIONS
I SUBTOTAL I $124,000
Other Amenities XCELENERGYFOUNDATlON
Entrv sions 3EA $12 000 $36 000 AMERICAN HONDA
Bike racks 2EA $400 $800 DNR OUTDOOR RECREATION GRANT
Drinkino fountains 2EA $5 000 $10000 WALMART
Grills 4EA $800 $3 200 AGGREGATE IND.-DONATED BUCKET & SHOVEL
Picnic shelters 2EA $40 000 $80 000 IN KIND CONTRIBUTIONS
Picnic tables 15 EA $2 200 $33 000
Pre-fabricated benches 15 EA $1 500 $22 500
Security Fencino 3200 LF 35 $112000
Trash receptacles 8 EA $500 $4,000
I SUBTOTAL I $301,500
I TOTAL I $6,662,900
I I CONTINGENCY 10%1 $666.290
I DESIGN. ADMINISTRATION. TESTING 10%1 $732,919
I LAND ACQUISITION I $250.000
I TOTAL PROJECT COST I $8,312,109
OHEC $5,702,488
PLWSA $325,793
CITY/OTHER. $2,283,829
'Some costs would be shared with user groups.
C:\RDCabIPLITemplCost Estimate - master plan august 04.xls
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laUANTlTYI UNIT! UNIT COST ) EXTENSION I POTENTIAL FUNDINQ PROGRAMS
FEDERAL ~ECREATIONAL TRAil PROGRAM
6700 SY 20 134000 DM~ OUTDOOR RECREATION GRANT
1300 SY 20 $26000 IN KINO CONTRIBUTIONS
2560 SF 150 384000
&Ihtllflr as 40000 40000
1800LF 20 36000
lEA 510.000 $10000
I SU8TOTAL I $630000 I
Trllle DNR OVTOOOR RECREATION GR"NT
Biluminou.trall. 8000 SY 15 $120000 FEDERAL RECREATIONAl TRAIl. PROGRAM. TEA.2\
Son'urf.eelrall.51oolwlde.Motoriled 1300 SY S3 $3900 DNR FISHING PIER ORA"''' PROGRAM
son lurfaee IraU.8 loolwlde-XeelShared un 3700SY 5 18650 U TERRAIN VEHICLES GRANTS IN AlO
Woodbolrdwalkalfiahln ler. 15500 SF 120 $311)000 LOCAl. TRAIL CO"""ECTIONS PROORA~
8rld ea- edealrian lel,b 12footwidt 960 SF 130 124800 eEL ENERGY; TREAD UOHTl Y
Oullookllruclure lEA $50.000 $50,000 .NKINOCONTRIBUTlONS
I SUBTOTAL I $825350 I
Outdoor H,rlf' . EduutJon C.nt" OHEC
Arcll, flcll IHklesforH.bllllStor. e 21 000 SF
EclucaUonCent,r ,LS
BitumlnouI200v,llicl, arkin 8300 SY
Concrete avem'nt Itlo 5000 SF
Inl,ractivelearnln stllions SEA
Inte rellv,slnle 10 EA
Rainwater "dens 18500SF
ElectrlealselVlce as
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Bllumlnoulboal,torl e 925 SY 20 18500 USA WATER SKI
BOIISloraeFencln 250LF '" $8750 WATER SKIlNOUS1RV
BollILI\lT'lCtlU Ilde ", 10000 10000 IN KIND CONTRIBUTIONS
BrUkwal'fI 600LF $100 S60000
ConcenicnStanclfEventOfflce/Stof1 e 1600SF 100 SlIlOOOO
Dock- 10 fool wicle wood boardwalk 600 SF $10 $12,000
I SUBTOTAL I $269.250 I
XCEL.ENERG'I
HC 2000 $8000 I'IVe.5TAR RESTORATION MATCHINQ ORANT
75 EA $400 30000 ONR ENIIIRONMENTAL & CONSERVATION "AIUNERS
lAC $5000 $6000 DNR $l-lOREVNO I""PflOVe1\\ENT ORAN1"
20 AC $4,000 $80,000 NFWS GENER.oI.L MATCHING GRANTS
IN 1(1"10 CONTRIBUTIONS
SUBTOTAL S12;/, 000
XCEL ENERGY FOUNDATION
3EA 12000 36000 AMERICAN l-lONDA
HA '<00 $800 DNR OUTDOOR RECREATION GRANT
HA $5000 $10000 WALMART
'EA aco $3200 AGGREGATE 1~.ooNA.TED BUCKET & SHOVE\.
HA ..0000 80000 IN KIND CONTRIBUTIONS
15 Ell. $2200 33000
15 EA $1500 $22500
3200LF 35 $112000
SEA $500 $04000
I SUBTOTAL I $30t500 I
I TOTAL I $6662900 I
I 1 CONTINGENCY ,0%1 $666290 I
DESIGN ADMINISTRATION TESTING '0%\ \732919 I
LAND ACQUISITIONI $250000 I
I TOTAL PROJECT COST I $8,312,109 I
OHEC $5,702,0468
PLWSA $325,793
CITY/OTHER" $2,283,829
6
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