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HomeMy WebLinkAbout02/15/2000 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 15, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report A] Officer of the Year Presentation 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes of December 7, 1999 and January 25, 2000 *8] Approve Bills in the Amount of$472,364.61 9] Public Hearings 10] Communications: *A] Resignation of Jason Bullard from the Park and Recreation Advisory Board 11] Liaison Reports from Council Members 12] Recess for an Economic Development Authority meeting 13] Re-convene 14] Recommendations from Boards and Commissions: A] Rezoning request of Oppidan for property located at the southwest corner of CR 17 and Hwy 169 from Agricultural Preservation(AG)to Highway Business (B1)—Ord. No. 565 TENTATIVE AGENDA February 15, 2000 Page -2- 14] Recommendations from Boards and Commissions = ontinued: B] Final Plat of Shenandoah Apartments, located )rth of CR-16 and east and west of Alysheba Road extended—Res. No. 5316 15] General Business A] Police and Fire B] Parks and Recreation *1. Park Land Appraisal—Hauer Property Adjacent to Sun Path School 2. Consideration of Parks and Recreation Restructuring —Res. No. 5317 C] Community Development *1. Alternative Urban Areawide Review(AUAR)for a development of Shakopee Crossings, located south of STH 169 and east and west of CSAH 18 —Res. 5315 *2. Metropolitan Council Local Housing Incentives Grant for Evergreen Townhomes D] Public Works and Engineering 1. Accept Report and Set Hearing on 2000 Reconstruction Project, 2000-4—Res. 5314 *2. Purchase of Trailers for Public Works Equipment 3. Stans Park Tennis Court Reconstruction *4. Settlement Offer for Vierling Drive Easements for Project 1998-3 *5. Storm Sewer Easement Agreement with Continental Properties—Big K *6. Purchase of Tractor for Public Works E] Personnel *1. Completion of Probationary Period—Dave Kriesel *2. Appointment of Office Service Worker for Building Division *3. Authorize Filling the Receptionist Position *4. Appointment of Management Assistant *5. Accept Resignation of Police Officer Ron Scherer F] General Administration: 1. Appointments to Boards and Commissions—Res. No. 5313 *2. Metricom Agreement *3. Temporary Liquor Licenses—Church of St. Mark 4. Set Workshop Meeting for March 16, 2000 *5. Textron Financial Corporation Estoppel Certificate 6. Electric Franchise Fee Establishment—Res. No. 5319 and Ord. No. 566 16] Council Concerns 17] Other Business 18] Adjourn to Thursday, February 17, 2000, at 6:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting February 15, 2000 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine. After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) 4 Approval of Minutes: �,-c.,1 9 9 4. Financial A.) 4 Approval of Bills 5. Update—Small Cites Development Program(Carver County HRA) 6. Appointments to Economic Development Advisory Committee 7. Other Business: 8. Adjourn OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION DECEMBER 7, 1999 Members Present: Brekke,DuBois, Sweeney,Link,and President Amundson Members Absent: None Staff Present: Mark McNeill,City Administrator,R.Michael Leek, Community Development Director;Bruce Loney,Public Director/City Engineer,Judith S. Cox,City Clerk;Paul Snook,Economic Development Coordinator;and Jim Thomson,City Attorney. I. Roll Call: President Amundson called the meeting to order at 7:45 P.M. Roll call was taken as noted above. II. Anuroval of Agenda Link/Sweeney moved to approve the agenda as presented. Motion carried unanimously. III. Consent Agenda Sweeney/DuBois moved to approve the consent agenda as presented. Motion carried unanimously. A.) Anoroval of Minutes Sweeney/DuBois moved approval of the meeting minutes for August 3, 1999 and August 17, 1999. (Motion carried under the Consent Agenda.) 1V. Financial A. Approval of Bills Sweeney/DuBois moved to approve the bills in the amount of$90.00 for the EDA General Fund and $0.00 for Seagate. (Motion carried under the Consent Agenda.) V. Other Business: None Vl. Adjournment DuBois/Link moved to adjourn. Motion carried unanimously The meeting adjourned at 7:47. 44}ilt c) - 0/C, J S. Cox,EDA Secretary Carole Hedlund,Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION DECEMBER 21, 1999 Members Present: Brekke,DuBois, Sweeney,Link,and President Amundson Members Absent: None Staff Present: Mark McNeill,City Administrator;R.Michael Leek,Community Development Director;Bruce Loney,Public Director/City Engineer;Judith S. Cox,City Clerk;Paul Snook,Economic Development Coordinator;and Jim Thomson,City Attorney. I. Roll Call: President Amundson called the meeting to order at 9:44 P.M. Roll call was taken as noted above. II. Approval of Agenda Link/DuBois moved to approve the agenda as presented. Motion carried unanimously. III. Consent agenda DuBois/Sweeney moved to approve the consent agenda as presented. Motion carried unanimously. A. Approval of Minutes There were none. 1V. Financial A. Approval of Bills DuBois/Sweeney moved to approve the bills in the amount of$148.76 for the EDA General Fund and $0.00 for Seagate. (Motion carried under the Consent Agenda.) B. Chaska Interceptor Payment DuBois/Sweeney moved to authorize the use of$500,000 of TIF money to make a principal payment on the Chaska Interceptor debt. V. Resolution No.99-5,A Resolution Decertifying Tax Increment Financing District No.9(FMG) DuBois/Sweeney offered Resolution No. 99-5,A Resolution Decertifying Tax Increment Financing District No. 9,and moved its adoption. (Motion carried under the Consent Agenda.) Vl. Other Business There was no other business. V11. Adjournment Link/Brekke moved to adjourn. Motion carried unanimously The meeting adjourned at 9:45 p.m. )�/- J S. Cox,EDA/Sere rotary Cole Hedlund,Recording Secretary 1/./i CITY Cdr s e� OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: February 10, 2000 Introduction Attached is a listingof bills for the EDA for the period 1/28/00 to 02/10/00 . Action Requested Move to approve bills in the amount of $53 .58 for the EDA General Fund and $60 . 55 for Seagate (code 9450) . Ei tt o o o 0 0 0 0 0 0 0 II H II 0 0 0 0 0 0 0 0 0 O II A 11 • • • II W p 0 0 0 0 0 0 0 0 0 O 11 LL' II U II O ao COCO CO Ln Ln L() Ln M 01 l0 in in in Ln Ln Ln Ln H Ei . . . H dL W m M (I O O O O 14 CLl r) H Lf) L!) 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H Ei 0a H 0 R' H 0 Ei O H H a A W 0 a A w r4 cr) al in a o o 0 0 g 01 0 00 4 2 Ei r4 H 01 01 0 o 0 0 g F:4g PIC * * E q LOU) H Ei * 0 El E+ * * H H 0 0 * Ln 0 0 GL. .-t H El El K w El El * * CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Small Cities Development Program update—Carver County HRA MEETING DATE: February 15, 1999 Enclosed is Exhibit A,an update on the Shakopee Small Cities Development Program(SCDP) from the Carver County HRA.Amanda Lundberg of the HRA will be making a brief presentation to the EDA at the February 15th meeting. In summary,the Environmental Review(mentioned in your December update)has been completed and is awaiting final approval from Department of Trade and Economic Development (DTED).In addition,the Policies and Procedures have been completed and are currently under review by DTED. The next step is for the City Council to approve the following items(at the February 29th meeting)and forward them to DTED so that funds may be released: • Policies and Procedures • Grantee Summary Information Sheet • Community Fair Housing/Equal Employment Summary Sheet • Environmental Clearance/Request for Release of Funds • Fair Housing/Equal Opportunity Summary Sheet • Fair Housing Plan of Action • HUD Form 2880(Disclosure) SCDPupdate2-00.doc Feb-11-00 02 : O1P CARVER COUNTY HRA 612 448-6506 P .02 Carver County HRA 500 North Pine Street, Suite 204 Telephone: (612) 448-7715 Chaska MN 55318 Fax: (612) 448-6506 To: Paul Snook, g DA From: Amanda Lundberg Date: February 11, 2000 Re: Small Cities Shakopee The Carver County HRA has been developing policies and procedures for each of the three programs: Single-Family Rehab, Rental Rehab and Commercial Rehab. The policies and procedures will be used as a guide for implementing the Small Cities program. The policies and procedures cover the following: • Who is eligible for assistance? • How information will be verified • The maximum and minimum financial assistance, as well as terms, to be provided by the SCDP funds • Eligible and ineligible improvements • Marketing • Applicant selection • Contracting procedures • File documentation • Project approval and appeals process • Conditions for assistance • Rehabilitation Standards These policies and procedures were adopted using various other policies and procedures from other Small Cities, Minnesota Housing Finance Agency (MHFA) and various other programs the HRA has administered. Feb-11 -00 02 :O1P CARVER COUNTY HRA 612 448-6506 P.03 The policies and procedures must first be approved by the Small Cities Business and Community Development Representative at DTED before they can be forwarded to the City Council for approval. The HRA forwarded those policies for approval to DTED on January 28th and we will hopefully have them to the City Council for approval at the council meeting February 29th. The DTED representative had mentioned that it is currently a very busy time of year for DTED, but they will do their very best to have the policies and procedures approved for the next city council meeting. One further note, the Environmental Review has been completed and we are waiting for final clearance from DTED. At the February 29th council meeting, we will be submitting to the City Council a Request for Release of Funds (RROF) form for signature plus the forms listed in Special Condition 15 of the grant agreement between DTED and the City(the Grantee Summary Information Sheet (GSIS), Community Fair Housing/Equal Opportunity Summary Sheet (FHEO), Fair Housing Plan of Action and HUD Form 2880). After the council meeting, all applicable materials will be submitted to DTED and we are hopeful that the funds will be released shortly after that. The HRA would also like to report the following application activity: Requested/Mailed Received Single-Family Rehabilitation 20 7 Commercial Rehabilitation 6 2 Rental Rehabilitation 5 0 31 9 tb-A. Co CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Mark McNeill, Executive Director SUBJECT: EDAC Appointments DATE: February 11, 2000 INTRODUCTION: The EDA is asked to appoint five individuals to serve on the Economic Development Advisory Committee(EDAC). BACKGROUND: Last year,the EDA determined that an advisory committee should be formed to assist it in directing economic development activities in Shakopee. Last week, EDA Commissioners Morke and Link, along with the Executive Director, interviewed candidates for the job. Their recommendations are: Jeff Jansen, Scott O'Brien,Jay Lyle, Brian Langdon, and Bryan Sorenson. RECOMMENDATION: They recommend that these be appointed: 3 year term— Jeff Jansen, Scott O'Brien 2 year term- Brian Langdon, Bryan Sorenson 1 year term—Jay Lyle ACTION REQUIRED: The EDA should complete a ballot, indicating their appointees for the EDAC, for terms to commence March 1, 2000. ilialilkdb- Mark McNeill Executive Director CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Appointments to the Economic Development Advisory Committee MEETING DATE: February 15, 2000 Introduction: Attached for EDA consideration is Resolution No. 00-1, which would make appointments to the Economic Development Advisory Committee (EDAC). After the EDA has determined the successful candidates by voting,this resolution should be adopted. Background: On February 1st, the EDA made nominations to the EDAC, following the publication of the openings and receipt of applications,pursuant to City policy. The interview committee, consisting of Commissioners Link and Morke, and Executive Director Mark McNeill, has interviewed the candidates and is recommending the appointment of the candidates as shown on the attached memorandum from Mr. McNeill. DETERMINING SUCCESSFUL CANDIDATES According to Resolution No. 2206, if there is more than one person nominated for an opening, the City Clerk shall distribute paper upon which each EDA commissioner shall write his or her preference for the appointment to the opening. Then the EDA President shall open the paper ballots and announce how the votes were cast. If the person receiving the most votes does not have a majority vote of the commissioners present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates. After a candidate has received a majority vote on a paper ballot, the EDA President shall announce his or her name and the fact that he or she has a majority vote. All ballots shall be turned over to the City Clerk for proper filing. After it has been determined who the candidates are that have received the majority vote, their names should be inserted into Resolution No. 00-1. In the past, City Council has filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes were tallied with the first results presented to edac appointment memo.doc Council members when the matter came up on the agenda. If additional voting was necessary it would take place at that time. In order to expedite the appointment process, the EDA may prefer to follow this procedure. (BALLOT ATTACHED) Actions Requested: 1. Complete 1St ballot and give to the City Clerk prior to meeting roll call. 2. Conduct additional ballots as needed. 3. Insert the names of the top vote getters into Resolution 00-1. 4. Adopt Resolution No. 00-1. edac appointment memo.doc RESOLUTION NO. 00-1 A RESOLUTION APPOINTING INDIVIDUALS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: and are appointed to the Economic Development Advisory Committee for three year terms expiring February 28, 2003. and are appointed to the Economic Development Advisory Committee for two year terms expiring February 28, 2002. is appointed to the Economic Development Advisory Committee for a one year term expiring February 28, 2001. Adopted in adjourned regular session of the Economic Development Authority of the City of Shakopee,Minnesota held this 15th day of February, 2000. President Economic Development Authority of the City of Shakopee ATTEST; City Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 7, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois Sweeney and Councilmember-elect Morke present. Also present: Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Gregg Voxiand, Finance Director; Jim Thomson, City Attorney. Judith S. Cox, City Clerk(8:00 p.m.); and Mark McNeill, City Administrator(8:00 p.m.). The pledge of allegiance was recited. The following two items were added to the agenda: 16. A. Mark McNeill's correspondence to Mr. Dave Benson regarding the Kmart site, and 16.B. discussion on unfinished developers issues. This will be item 16 B. DuBois/Sweeney moved to approve the agenda as modified. Motion carried unanimously Mayor Brekke acknowledged there was no Mayor's report. The following item was removed from the Consent Agenda: 15.E.3. Amending the 1999 Budget- Res. No. 5282. The following three items were added to the Consent Agenda: 15. B. 4 Authorize hiring of a Police Officer, 15.D.3 Authorize Hiring of a Fire Inspector,and 15.A..4. Accepting Feasibility Study for Gorman Street Reconstruction, 2000-1 - Res.No. 5286. Amundson/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. Mr. Dave Czaja, 5262 Eagle Creek Boulevard, addressed the council on issues regarding the Dean Lake area. He said he was looking for answers to unanswered questions. He pleaded for protection of the environment. The Mayor identified the things that the City has done in regards to this matter. Joe Zak , Eagle Creek Boulevard, approached the podium and thanked Michael Leek for the information Mr. Leek has been getting together for him. He also requested from the City Council that information on the progress of the Dean Lake area be given at least through February; he also wanted an eye kept on the developments in the Dean Lake area so no "new"projects began. Mr. Loney stated that what was going on in the Dean Lake area now was within the confines of the grading permit. In fact some of the area was starting to be restored. Mr. Leek stated that staff met with the Environmental Quality Board this afternoon and discussed how to define a project and what is going on at the site adjacent to Dean Lake. Mr. Leek stated that his understanding from that meeting is that the work being done by Valley Green had not passed into what would be called a separate project, but is under the grading permit. There was a slight discussion on the park land donated in the Southbridge location. Official Proceedings of the December 7, 1999 Shakopee City Council Page 2 Sweeney/DuBois move to receive and file the communications from Kathy Gerlach regarding a proposal for parks, trails and open space in the West Dean Lake Area and John Albinson request regarding Environmental Assessment Worksheet(EAW) requirement for Valley Green Corporate Center. Motion carried unanimously. Mayor Brekke offered Dave Czaja and Joe Zak to have follow up meetings with City staff to discuss historical questions that have not been answered on the Dean Lake area. Amundson/Sweeney moved to approve the minutes of July 27, 1999 and August 3, 1999 (Motion carried under the Consent Agenda). Amundson/Sweeney moved to approve the bills in the amount of$404,229.22. (Motion carried under the Consent Agenda). Amundson/Sweeney moved to accept the resignation of Cory Bullard from the Board of Adjustment and Appeals and the Planning Commission, with regrets. (Motion carried under the Consent Agenda). There were no liaison reports given this evening, however, Cncl. Link and Cncl. DuBois inquired into the removal of the"No Parking Signs" on Adams Street. Mr. Loney explained that the County removed them when they determined they could, and not be in conflict with State funding that was received when the street was improved. It was noted that the signs were taken down without the knowledge of the City. A recess was taken at 7:45 for the purpose of conducting the Economic Development Authority meeting. The meeting was reconvened at 7:47. Mr. Bruce Loney, Public Works Director/City Engineer,approached the podium and reported on the Design Criteria for the Subdivision Regulations. He explained that the Design Criteria are technical in nature thus they are being proposed to be approved by resolution rather than by ordinance. This will make it easier to change in the future if need be. There are nine sections. These sections are: Grading, Soil Erosion and Sediment Control, Storm Sewer,Utilities, Street Lights, Streets and Alleys, Sidewalk and Trails and Lots and Blocks. There was discussion on sodding vs. seeding the turf of a development. It seems some areas just are not suitable for seeding and some areas are not suitable for sodding. Cncl. DuBois asked about sodding/seeding some homeowners yards after construction. Mr. Leek said the draft,which was a text amendment, that was going before the Planning Commission on December 9, 1999, was for sodding and seeding of private yards. Mr. Loney said we needed to keep in mind that is a subdivision issue. Mr. Loney said there was no significant change in the grading section. Mayor Brekke discussed the street width section in the Subdivision Criteria. He was uncomfortable with a street being less than 36 feet in width. He felt in the medium and high density areas a 36 foot wide street was needed. It was recommended by the City Traffic Engineer that streets where the projected traffic would be less than 750 cars daily the street width could be 32 feet. The 750 number could change. Official Proceedings of the December 7, 1999 Shakopee City Council Page 3 Mayor Brekke was more comfortable with the number being 500. Mr. Loney said the street width should not be driven by the density; it should be driven by the number of cars that use the street. The direction from staff was for a mix of street widths. Cncl. DuBois asked questions regarding soil erosion control. Mr. Loney wanted to make some changes to this section. Cncl. Sweeney wanted to know why the Council felt the Design Criteria was inadequate now, when it was presented at the joint meeting of the Council and the Planning Commission, on September 21, 1999, it was just fine. He suggested referring it back to staff to review comments, if it is inadequate. Cncl. DuBois stated that because of all the recent issues regarding the Dean Lake area some details are more important now. Sweeney/DuBois moved to table the Design Criteria for Chapter 12 of the City Code Subdivision Regulations for staff to review and make changes. Motion carried 4-1 with Mayor Brekke dissenting. The intent of the motion is for staff to look at the comments made tonight and come back to the City Council with a new set of design criteria for the subdivision ordinance. Mr. Bruce Loney approached the podium and reported on Ordering County Road 15 Sidewalk Extension, 2000-2 and Parking Lot Construction off of Vierling for ISD #720 athletic Fields,project 2000-3 - Res. No. 5287. Mr. Loney advised that the estimated cost of the County Road 15 Sidewalk Extension is $25,000 and the estimated cost for the Vierling Drive Parking Lot is also approximately $30,000. The School District and the City in a joint meeting on May 10, 1999, decided to go on a 50/50 cost sharing on the construction of a Vierling Drive Parking Lot to serve the soccer and softball fields. These projects would be funded with Capital Improvement Funds from the City and the School District Funds would be provided for the new parking lot. The parking lot would make it possible for cars to park closer to the athletic fields. Cncl. Amundson asked how many parking stalls would be made available. There would be approximately 20-30 new stalls created. Sweeney/DuBois offered Resolution No. 5287, A Resolution Ordering An Improvement And Preparation of Plans and Specification for County Road 15 Sidewalk Extension, From 12th Avenue to Vierling Drive Project No. 2000-2 And Parking Lot Off Of Vierling Drive For ISD # 720 Athletic Fields Project No. 2000-3, and moved its adoption. There was discussion on if the County should pay the County Road 15 Sidewalk Extension also if a concrete or a bituminous surface should be used. Mr. Loney said that sidewalks have always been a City expense. Motion carried unanimously. Amundson/Sweeney offered Resolution No. 5284, A Resolution Accepting Work On McGuire Circle, McGuire Court and Muhlenhardt, From County Road 16 to Horizon Drive -Project No. 1999-2, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the December 7, 1999 Shakopee City Council Page 4 Amundson/Sweeney offered Resolution No. 5286,A Resolution Receiving A Report And Calling A Hearing On An Improvement For Gorman Street, From 4th Avenue to County Road 17 - Project No. 2000-1, and moved its adoption. (Motion carried under the consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City officials to buy back the unused holiday hours from the officers listed by Chief of Police, Dan Hughes: Jason Arras, Erron Belfanz, Ron C. Carlson, Tom C. Crocker, Chris L. Dellwo, John M. Flynn, Bob Forberg,Kevin Gulden, Cody Horner, Clay Johnson, Lynn Lipinski, Craig Robson, Ronald R. Scherer, Molly Schrot,Jeff Tate, and Greg Tucci. (CC. DOC. #278) (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to acknowledge the satisfactory completion of probation and authorize the retention of Erin Lundy as a Community Service Officer effective November 19, 1999. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to acknowledge the satisfactory completion of probation and authorize the retention of Jason Arras as a Police Officer effective December 10, 1999. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to extend the probation of Officer Clay Johnson to June 10, 2000. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City staff to amend the existing towing contract with Shakopee Towing Inc. by adding subdivision 2 to 12D. Storage Charges which states Forfeited Vehicles: Two (2) dollars a day to maximum of$750.00 for each forfeited motor vehicle over the allotted five (5) free storage spaces referenced in paragraph 5 of this agreement. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the hiring of Bridget Baldwin as a probationary police officer at Step 1 of the Tier Two Pay Schedule, $2,826.26 per month subject to the satisfactory completion or pre- employment medical and psychological examinations. (Motion carried under the Consent Agenda. Amundson/Sweeney moved to accept Mark Sullivan's resignation from the Shakopee Fire Department. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to ratify the election of the election of the officers elected at the November monthly meeting of the Shakopee Fire Department. (CC DOC. #279)(Motion carried under the Consent Agenda.) Gregg Voxland, Finance Director, approached the podium and reported on amendments to the 1999 Budget. Sweeney/Amundson offered Resolution No. 5282 as revised and placed onthe table, A Resolution Amending Resolution No. 5036 Adopting The 1999 Budget, and moved its adoption. Motion carried unanimously. Official Proceedings of the December 7, 1999 Shakopee City Council Page 5 A recess was taken at 8:10. The meeting re-convened at 8:24. Cncl. DuBois excused herself from discussion and voting on the Precision Collision Conditional Use Permit. Mr. Leek approached the podium and reported to the council on the Amcon Construction(Precision Collision) appeal of the Board of Adjustments denial of Conditional Use Permit for a parcel south of Cub Foods. This was a former MnDOT site. The request for a Conditional Use Permit for vehicle repair was heard at the November 4, 1999 meeting of the Board of Adjustments and Appeals. There was a public hearing along with public testimony taken on this matter at that meeting and the BOAA denied the CUP based on the findings that two of the necessary criteria had not been met. They also had concerns regarding the parking of damaged vehicles, noise, odors, emissions of hazardous chemicals, and screening. This vote was 4-2 denying the Conditional Use Permit. The members of the BOAA who voted to deny this conditional use permit expressed concern over this use in this location. The applicant, Amcon Construction Company is appealing this decision. This is not a public hearing but routinely on appeal matters we will take more public testimony if forthcoming. We are requesting that Council make a motion regarding their decision on the appeal and direct staff to draft a Resolution to bring back to Council upholding or denying the appeal. There is more information on this appeal tonight along with a new graphic that was not given to the BOAA. Cncl. Sweeney asked if there was any zone within the City that had a vehicle repair shop as a permitted use. Mr. Leek thought perhaps the I-1 Zone permitted this use. Mr. Wade Johnson, Amcon Construction, approached the podium and advised the council that Amcon is designing the vehicle repair for an auto body shop of a Precision Auto and it has not necessarily additional information,just a clarification of information to present this evening. They had an additional graphic of the building and were also ready to give a further explanation of the site. There were two entrances and the damaged cars would be stored in the rear behind a six (6) foot chain link fence. The parking on the side toward the residents would be for employee parking only. There would be no changes to the western property line. The berm would stay the same. This berm is approximately 10-12 feet above ground. The lighting outside would be for security purposes only and it would be directed downward. This facility would only be operational during the day light hours. The building image is state of the art design and blends in nicely with the other surrounding buildings. The fence is proposed to be a chain link, however, the applicant is open to having it an opaque chain link fence. He looked at the visual sight lines and didn't see a problem with them. There was dialogue on the fence between Mr. Johnson and Cncl. Link. Jeffrey Thomas, owner of Precision Auto Collision, approached the podium and stated that vehicle repair auto body shops have changed from the way they were twenty (20)years ago. Because the cars of today are different; so are the body shops. These shops need to be equipped to fix the newer cars. This is a state of the art building and there will be minimal traffic and generous green space. This is the best use of the site. We will be open normal business hours, we are not at 24 hour facility. The largest delivery truck will be the approximate size of an U.P.S. truck delivering parts. He asked for comments and suggestions Official Proceedings of the December 7, 1999 Shakopee City Council Page 6 from the council and the public. The building will be 27,000 square feet and has been custom designed for this use at this location. We like the location. The site makes sense to us. Cncl. Amundson asked how many cars could be present at one time. There could be at capacity up to 30 vehicles. These would primarily be stored inside. Mr. Sweeney asked Mr. Thomas about the air exchange. The painting would be done in a controlled environment. The air would be filtered and there would be no odor or fumes. The noise would be generated mainly by the sanders. This noise would sound like a running car if you were outside the building. The compressors would be in a room design for them inside the building. When the compressors were running,they would sound like a running car. Cncl. Sweeney was concerned about the environmental health of the residents. He wanted to know what was coming out of the exhausted air. He was told that what was coming out was 98% clean. When a lawn mover is running it runs at 60% and the exhaust from your car is in the low 90%. There are federal guidelines that need to be meet. They are inspected at least annually. Spot checks are done randomly. Mayor Brekke was still concerned about the residents. He felt this use was not a good use in this location Mr. Thomas responded to Mayor Brekke. Mr. Bill Plato, Attorney for the applicant, approached the podium and stated that he just wanted to clarify a few points. He thought perhaps what went wrong at the BOAA meeting was that the presentation could have been better. He felt this use was the best use the residents could expect and would have the least impact on them. He did feel that the noise, odor and screening issues were not properly addressed at the BOAA. He said the fence would not be visible from the by-pass. The sightlines from the townhomes were taken into consideration. The light issue at the BOAA meeting was regarding the pylon sign from CUB not the lights of the proposed facility. The noise the residents were talking about was from Cub's loading docks, it would not be coming from the proposed facility. Darrin and Kerrie Troseth, 1096 Juniper Court, approached the podium to advise the Council that the proposed trees stop before their property line. They will see this facility. These security lights were an issue also. Basically they had four(4) concerns. These concerns were: 1) the light issue because they were contending with the lights from Cub, 2) noise from the air compressor, they knew about the traffic when they purchase their home but the land they were told was agricultural, 3) eyesore issue to the Juniper area, and 4) pollution(even if it was only 2%they were still concerned about that 2%). Joy Ryan, President of Oppidan, and developer of the Crossroads Center advised the council that when the BOAA denied the CUP, he then became interested in this project. He was thankful to have the opportunity to address some issues that had not been addressed at the BOAA meeting. He felt this was a superior design. The compressor was not outside the building. There was a room in the building designed for the compressor. This was a one level building, like the others in this center,and it was a Official Proceedings of the December 7, 1999 Shakopee City Council Page 7 good use for this site. This site is not an office building site. They would only be open in the morning hours to the early evening hours. Mayor Brekke still felt it was an incompatible use. He felt there were other sites in the community more suitable for this use. Cncl. Link felt this building with additional screening would be an asset to the area. Link/Amundson moved to uphold the appeal by Amcon Construction(Precision Collision) for a Conditional Use Permit for vehicle repair for an auto body shop in Crossroads Center, south of Cub Foods building, and direct staff to prepare a resolution approving the request for the consent agenda with conditions presented by staff. Cncl. Sweeney felt the problem was the perception that people have of an auto body repair shop. It is normally felt that this use should be in an industrial zone. Cncl. Amundson said she was nicely surprised at the rendering of the proposed Precision Auto Body Repair Building. The hours of operation are friendly to the residents. The traffic generated would not hurt this area. Mayor Brekke received clarification as to the voting on this request. Jim Thomson, City Attorney said three (3) affirmative votes for this proposal was needed. Mayor Brekke said if we overturn the BOAA decision, we need to get conditions into the Conditional Use Permit. Bill Plato said his client had anticipated this moment and was willing to have this matter tabled and have the decision made at the next December City Council meeting. If it was tabled, they could meet with the neighbors and explain their proposal and ask for the residents input to make this a true possibility. They were very willing to work with staff on this issue also. Sweeney/Amundson moved to table the Amcon Construction Appeal of the Board of Adjustments and Appeals denial of a request for a conditional use permit and directed staff to draft a resolution on this matter to come back to the Council at their last meeting in December. Motion carried unanimously,with Cncl. DuBois abstaining. Amundson/Sweeney moved to approve the hiring of Thomas Pitschneider as Fire Inspector at Step 1, Grade H($18.0149/hr) effective December 20, 1999, contingent upon successful completion of a background investigation and pre-employment physical. (Motion carried under the Consent Agenda.) Mr. Leek approached the podium and reported on an extension agreement with Bolton and Menk for completion of any EAW for Valley Green Corporate Center. He would like to modify the earlier council action to an alternative environmental review. He had a meeting with the Environmental Quality Board (EQB)this afternoon and they suggested an AUAR rather than an EAW or EIS. This AUAR allows a broader definition of what the project is and a broader review of the site. Official Proceedings of the December 7, 1999 Shakopee City Council Page 8 Mr. Sweeney asked if Bolton and Menk were connected with Valley Green in any manner. Mr. Leek said Bolton and Menk were not connected with Valley Green in any way,that is why he was choosing them. Sweeney/Amundson authorized the appropriate city officials to execute an extension agreement with Bolton and Menk for the completion of the appropriate environmental review in connection with Valley Green Business Park. Dave Czaja, the petitioner of the EAW, asked what the difference was between an AUAR and an EAW. He was informed that the AUAR is typically used when there is a broader set of impacts, not a specific use. The AUAR may work better for this site. This AUAR comes back for comment and review. The EQB recommended that there be an AUAR instead of an EAW. The AUAR process is like an EIS. Kathy Gerlach was wondering if the city should get specific with the report. She wanted to know if other reports would be taken into consideration. Mr. Leek answered yes. Motion carried unanimously. Discussion ensued on the repairs to the youth building. Sweeney/Amundson moved to direct staff to prepare plans and specs for the entire Community Youth Center repairs and get bids and fund from the Park Maintenance Fund for 2000. Motion carried unanimously. Mr. Leek approached the podium and reported on the request for a Waiver of Subdivision Criteria for Pheasant Run to allow the creation of one lot and the connection of French Trace Avenue with Quail Drive. This item is also supported by the School District. This item is not on consent because it is a waiver and they usually are not on the consent agenda. This request is supported by the School District and would necessitate a transfer of a small amount of the parcel that Sun Path Elementary is on. Sweeney/DuBois moved to approve the request to waive subdivision criteria to allow the Minor Sub- division process for Pheasant Run. Motion carried unanimously Amundson/Sweeney offered a motion to authorize publication of notice in the "EQB Monitor" and distribution of a Shakopee Valley Marketplace Environmental Assessment Worksheet. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City Officials to execute Contract No. SG-98-PF- 99, an agreement between the Metropolitan Council and City of Shakopee for transit capital financial assistance for development of a park and ride facility at STH 169 and CSAH 83. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize city staff and LSA Design to seek quotes for site work for the proposed park and ride, and proceed with development of the park and ride facility at a cost not to exceed the $110,000.00 approved by the Contract No. SG-98-PF-99. (Motion carried under the Consent Agenda.) Official Proceedings of the December 7, 1999 Shakopee City Council Page 9 Mr. McNeill approached the podium and reported on MnDOT parcel 75 Assessments. A resolution was passed originally when the City thought MnDOT was giving the entire parcel to the City if the City used it for park purposes. Now they have changed there offer and are asking the City to pay for 1/2 of this parcel. Now in October the City Council, staff and the developer meet to discuss these assessments. Originally MnDot said they would donate 50.24 acres to the City for park purposes. They then changed their donation of all to only one-half of the parcel to the City as long as it was used for park purposes or roadway purposes. There is an assessment balance of approximately $400,000. Steve Soltau, one of the developers of Southbridge, feels that because 9.52 of the acres of the MnDOT property which have roadway purpose for Southbridge and the rest of the 9.52 acres are undevelopable, they should be considered as part of the donated land by MnDOT. He feels the cost of this land should reduce the assessment to Southbridge. Cncl. Link and Mr. Soltau had presentations for the City Council. There need be no final decision this evening because Mr. Loney has been in contact with MnDOT this afternoon there is still more time. There is an assessment balance of$400,000 that the City will need to pay. Mr. McNeill felt some of the land could be used for park purposes and a fire station. The land was close to a development and perhaps with this additional land a second entrance/exit to the development could be provided with a street extension, or it may not be necessary to have a second entrance/exit. Cncl. Link approached the podium as a member of a committee to study proposed assessments to the Southbridge development and reported on his findings. Because Southbridge developers knew how to acquire this parcel free from MnDot, they shared the information with the City and saved the City $350,000. The developers could not obtain the parcel themselves because they were a private entity. Because they shared that information with the city Southbridge felt they should receive something in return. They felt this should be an assessment reduction, however, Cncl. Link said Southbridge had already received something from the City. They got narrower streets for the Southbridge development along with many other variances. The assessments had already been charged back to the residents in the cost of their homes. The City also lobbied the Met Council for MUSA for this area for 18 months and the developer benefited from the MUSA being made available. Mr. Bruce Loney described what a 429 project was. This is a way for a developer to use City financing and have the levied assessments spread out over a period of time. Cncl. Link felt the Southbridge development should receive no assessment reduction as a result of MnDOT's donation of 25 acres to the City for park or roadway purposes, and that they have already been compensated. There was slight discussion of the alignment of Southbridge Parkway and the road. Cncls. Sweeney and DuBois supported Cncl. Link. Mr. Steve Soltau approached the podium and thanked Cncls Link and DuBois for all the time that they had invested on this situation. To Mr. Soltau, this was a fairness issue. And he felt there was much confusion on this assessment issue. The cost of the land is the real issue before the Council this evening. The City benefited from this land and so should the developers of Southbridge. The assessments that were levied back to the residents were at a very low percentage of the real assessment. The Southbridge developers thought this area of land was going to being reassessed. Official Proceedings of the December 7, 1999 Shakopee City Council Page 10 Mayor Brekke could see the fairness issue. Originally the City was going to buy the property at$14,500 per acre and then Mr. Soltau and the other developers of Southbridge came forward with expertise on how to acquire this parcel at no cost to the City. At one point Cncl. Link made an offer to Mr. Soltau but the offer was not accepted and has since been withdrawn. Sweeney/DuBois moved to accept Cncl. Links recommendation that there be no assessment reduction to the Southbridge property. Motion carried unanimously. Mr. McNeill approached the podium to report on the acquisition of MnDOT parcel 37 (2.84ac) which is the Gopher State Truck Stop parcel, 06-911012-0. This parcel is located next to the 22 acre parcel located south and west of the now Kmart store which this Council has previously directed staff to purchase. When the 22 acres were authorized for purchase there was an interested buyer for the property, the interested buyer has gone elsewhere. Therefore,the Council needs to feel comfortable proceeding, possibly holding on to this land for a while. The 2.84 acres where the now non-existent Gopher Truck Stop was located is in Jackson Township and thus an annexation agreement would need to be reached with Jackson Township. Because this 2.84 acre parcel is in Jackson Township it is not zoned but the area by it, in Shakopee, is zoned commercial. Mr. McNeill felt purchasing this land was a good idea; thus giving the City control of what went in in this area. The cost for the 2.84 acres is approximately $95,100 plus the applicable deed taxes and other transfer expenses. The cost of the two parcels together plus the deed tax would be approximately $883,000. The cost of the two parcels plus the assessments is approximately $969,000 minus a credit of$115,000 for the detention pond leaves a balance of$854,000 approximately. The assessments can be spread over the life of the project. He felt it would be a viable commercial area in time. Cncl. DuBois didn't feel it was the City's charge to be buyers and sellers of land. Also she was not comfortable with the price. She felt only commercial would bring a profitable price and she was not willing to take this risk with taxpayers money. Cncl. Sweeney supported the acquisition in its entirety. The City could control what goes in this area. Mayor Brekke felt this was a key site to this area because of the proximity to the by-pass and he felt that commercial would come to this area in time. This parcel is seen from the by-pass and MUSA is available. Cncl. Link asked about the contaminants on this site. He was told that these contaminants have been cleaned up at this time. This site was given a clean bill of health from MnDOT. Mr. Morke approached the podium and asked that the Council please be careful in this negotiation. Please get some recourse against MnDOT if contaminants are found lower in the ground with a boring. Sweeney/Amundson moved to direct staff to purchase MnDOT Parcel 37(Gopher Truck Stop parcel) for $95,100.24, plus the applicable deed taxes and other ancillary transfer expenses upon the official receipt of an offer to purchase Parcel 37 from MnDOT. Motion carried 4 - 1 with Cncl. DuBois dissenting. Official Proceedings of the December 7, 1999 Shakopee City Council Page 11 Amundson/Sweeney offered Resolution No. 5281,A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for Shako Valley Amateur Hockey Association, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5283, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection and the Tax Rolls Payable in 2000, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5288, A Resolution Amending Resolution No. 5034, Which Adopted the 1999 Pay Schedule For The Officers and Non-Union Employees Of The City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5289, A Resolution Amending Resolution No. 5278, Which Adopted the 2000 Pay Schedule For The Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. (Motion carried under Consent Agenda.) Amundson/Sweeney moved to authorize the City Clerk to issue cigarette licenses for 2000. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the applicaton and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a Pawnbroker and Precious Metal Dealer's License to Mark Andrew Pearson, DRM LLC of Shakopee,dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve employee licenses for the following employees of DRM LLC of Shakopee, dba Excel Pawn: Sam Rockne, Tracy Hirzel, and Dawn McGrorty. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a Pawnshop License to Madison Financial Companies, dba Moneychange, 1147 Canterbury Road. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Madison Financial Companies, dba Money- exchange, 1147 Canterbury Road. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve employee licenses for the following employees of Madison Financial Companies, dba Moneyexchange: Sherri Marzario, Jessica Leff, Kraig Ellingson, Dustan Drummer, and Scott Giving. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a Tattoo License to Linda Malone, Body Art, 205 South Lewis Street. (Motion carried under the Consent Agenda.) Official Proceedings of the December 7, 1999 Shakopee City Council Page 12 Amundson/Sweeney moved to approve the issuance of a Tattoo License to Scot Neverdahl, Mike Malone, and Polly Sills at Body Art, 205 South Lewis Street. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a massage center license to Dawn Krause, Klip and Kurl, 238 South Lewis Street, and Amy Snyder, Knead It or Knot, 287 South Marschall Road. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the application and grant a Tobacco license to Fatmah Al-Btoush, dba Btoush Tobacco, 1148 Vierling Drive East, effective December 8, 1999 through December 31, 2000, upon the surrender of the license of Amy's Inc. dba Tobacco Shop. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5285, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Platting of Southbridge Cove 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to direct staff to advertise that City will be accepting applications from Shakopee Citizens for boards and commissions beginning in January. Motion carried unanimously. Applications may be obtained at the City Offices during regular business hours of if requested they can be mailed. Sweeney/Amundson moved to direct staff to advise those individuals whose terms are expiring on boards and commissions that they are eligible for reappointment. Motion carried unanimously. Two council members were selected to be on the interview committee to interview applicants for the opening Commission and Board positions. These two members are Cncl. Sweeney and Cncl-elect Morke. Amundson/Sweeney moved to authorize the hiring of Patricia Latzke as Receptionist at$10.4933 hr., Step 1, Grade AA of the 1999 Pay Plan, effective December 16, 1999, contingent upon successful premploy- ment physical and background check. Upon successful completion of the 6-month probationary period, Ms. Latzke would be moved to step 2. Six months later, Ms. Latzke would be moved to Step 3. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to set a joint meting with the Jackson Town Board for 6:00 p.m. Tuesday, February 8th. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the acceptance of$1,000.00 from the Lion's Club and to reserve the money for acquisition of a K9 dog. (Motion carried under the Consent Agenda.) There was dialogue on Mr. McNeill's correspondence regarding the screening issue of the new Kmart store and the developer, Continental. Mr. McNeill stated that K-Mart has met what was in the development plan. Official Proceedings of the December 7, 1999 Shakopee City Council Page 13 Cncl. Amundson discussed the ongoing need for staff to follow up with developers on uncompleted items. They seemingly do not finish all that they are required to do. This is a burden to the City and she felt that the developers should compensate the City for having to monitor unfinished business. Cncl. Sweeney suggested a reinspection fee. Staff will explore this issue. Gary Morke approached the podium and asked the Council if they may want to informally talk with the BOAA about the Precision Auto Conditional Use Permit. He also was concerned about the 2% emissions from Precision Auto. Sweeney/DuBois moved to adjourn to Tuesday December 21, 1999 at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 11:22 p.m. Judith S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA JANUARY 25, 2000 Mayor Brekke called the meeting to order at 5:00 p.m. with Council members Robert Sweeney, Deb Amundson, Clete Link, and Gary Morke present. Also present were: Mark McNeill, City Administrator,R. Michael Leek, Community Development Director, and Judith S. Cox, City Clerk. Mayor Brekke announced that this is a work session to discuss annexation issues. He also suggested that priorities in the Community Development Department be incorporated into the discussion since any annexation of land to the City may impact this department. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mr. Leek reviewed the options for annexation of property to the City as contained in the State statutes. One option provides for negotiations between the two governmental bodies. In follow up to previous discussions between the City and the Jackson Township Board about annexation of property to the City, the Board has prepared a draft resolution for the City Council to review. Discussion ensued on points contained in the draft annexation resolution submitted by Jackson Township Board. Mr. Leek stated that item 5 on page 2 provides that zoning continues under Town and County ordinances until annexation occurs. It was the consensus of the Council members that the City zoning governs the property contained in the orderly annexation resolution as soon as the resolution is signed. Mr. Sweeney, referring to paragraph 6.A. on municipal reimbursement, explained that under the previous orderly annexation agreement the taxes on the township property that was annexed would continued to go to Jackson Township, but they were frozen at their current rate. It was the consensus of the Council members that the taxes go to the Township for five years after annexation at the rate frozen at the time of annexation. Considerable discussion ensued on the area to be included within the annexation agreement and the potential need for City services in scattered developments and the cost to bring those services to the developments. Council members supported an orderly annexation agreement area bounded by STH 169 on the west, CR-78 on the south and CR-79 on the east. Mr. Link stated that it is important that no buildings be constructed in the alignment for 17th Avenue. Mr. Sweeney suggested that the County be requested to identify the corridor for 17th Avenue. Relating to the need for extension of MUSA into annexed areas,Mayor Brekke stated that the City would make their best efforts with the Metropolitan Council for MUSA. Official Proceedings of the January 25, 2000 Shakopee City Council Page -2- It was the consensus of the Council members that the orderly annexation agreement would be perpetual. Staff was directed to advise the Jackson Township Board of the City's proposals relative to an orderly annexation agreement and the reasons why prior to the joint meeting scheduled for February 8, 2000, at 6:00 p.m. in the council chambers at city hall. Sweeney/Link moved to direct staff to proceed with the annexation of a triangular parcel located at TH 300 and CR-69. Motion carried unanimously. Sweeney/Link moved to direct staff to approach the Metropolitan Council relative to the potential expansion of MUSA(Metropolitan Urban Service Area)into the proposed area of annexation. Motion carried unanimously. Sweeney/Morke moved to adjourn. Motion carried unanimously. The meeting was adjourned at 6:02 p.m. ?(tAzit/a 266 JLLith S. Cox City Clerk Recording Secretary c CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police,..✓ '`/ SUBJECT: Mayor's Report DATE: February 2, 2000 INTRODUCTION: At the February 15, 2000, Council meeting the Mayor is requested to present the 1999 Officer of the Year Award to Officer Ronald R. Scherer. BACKGROUND: Beginning in 1998, the Police Department created an award program for the Officer of the Year. This award was presented by Mayor Jon Brekke at a Council meeting to Sergeant John Flynn. In January of this year, nominations were received for the 1999 Officer of the Year Award. Three individuals were nominated, including: Ron Carlson, Greg Tucci, and Ron Scherer. An internal committee met and selected Officer Ronald R. Scherer for this award. In addition to the City of Shakopee presentation, Officer Ronald R. Scherer will be nominated to the Minnesota Chiefs of Police Association and the Minnesota Peace and Police Officers Association, along with the American Legion for their award process. ACTION REQUESTED: There is no motion or action that is required. Chief Hughes will speak about Officer Ronald Scherer's accomplishments and then request the Mayor to come forward and present the Officer of the Year plaque to Officer Ronald R herer. Hughes Chief of Police DH:tw RESOLUTION NO. 5318 A RESOLUTION OF APPRECIATION TO RONALD R. SCHERER WHEREAS, Ronald R. Scherer was hired January 17, 1972, as a City of Shakopee Police Officer; and WHEREAS, Officer Scherer has shown us that one person's willingness to help others can make a big difference in the lives of so many by improving the security and protecting the well-being of his community; and WHEREAS, Officer Scherer has been a lifetime Shakopee resident and has earned the friendship, support and trust of this community and his co-workers; and WHEREAS, Officer Scherer has been directly in charge of or assisted with a multitude of volunteered and assigned duties that included Shakopee Apartment No Tolerance Association, McGruf Neighborhood Watch, Safe& Sober, Bicycle Safety, Operation Identification, Crime Prevention, Shakopee Showcase, Derby Days, Walk-in-the-Park Cancer fundraisers, Christmas in May, and Adopt-A-Highway; and WHEREAS, Officer Ronald R. Scherer has resigned his position with the City of Shakopee Police Department effective February 27, 2000.. NOW THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Police Department that the Shakopee City Council does hereby extend to Ronald R. Scherer the deep appreciation of the City for his twenty-eight years of professional and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 15th day of February. 2000. Mayor of the City of Shakopee ATTEST: City Clerk IOLg Co vd- CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE : City Bill List DATE: February 10, 2000 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 02/10/99 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $53 . 58 and for Seagate (code 9450) in the amount of $60 . 55 . Also included in the checklist but under the control of the S .W. Metro Drug Task Force (code 9825) are checks in the amount of $14 , 671 . 87 . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. 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IT. lx. lx. / o. rq, r CONSENT, February 10,2000 To Whom It May Concern: Effective Monday January 31'`I am resigning my position on the Park and Recreation Advisory Board due to my new position with the City of Shakopee. As I look forward to my new position with the City I am also disappointed to have to resign my position on the Advisory Board. Thank you, Bediaike tr:E2lullard RECOMMENDED ACTION: Move to accept the resignation of Jason Bullard from the Park and Recreation Advisory Board, with regrets. IY. F�, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural Preservation Zone(AG)to Highway Business(B 1) APPLICANT: Oppidan Investment Company Eldon and Lila Greenwood—Property Owners MEETING DATE: February 15, 2000 INTRODUCTION: Oppidan Investment Company has requested that the City amend its zoning map to rezone property currently zoned Agricultural Preservation(AG)to Highway Business(B1). The property is located at the southwest corner of County Road 17 and Highway 169. The Comprehensive Plan guides this area for commercial development. At its February 3,2000,meeting,the Planning Commission took public testimony and reviewed this request. The Planning Commission unanimously recommended approval of this request to the City Council. Provided for your reference is a copy of the February 3,2000 memorandum to the Planning Commission. ALTERNATIVES: 1. Approve the request to rezone property from Agricultural Preservation(AG)to Highway Business(B1). 2. Deny the request to rezone property from Agricultural Preservation(AG)to Highway Business B1). 3. Table the decision and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer a motion to approve Ord.No. 565,An Ordinance Amending the City of Shakopee's Zoning Map by Rezoning Property from Agricultural Preservat (AG)to Highway Business(B1). /al lC ulie Klima Planner II g:1cc\2000\cc0215\rezgrwddoc ORDINANCE NO. 565,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 17 AND HIGHWAY 169 FROM AGRICULTURAL PRESERVATION (AG)TO HIGHWAY BUSINESS(B1) WHEREAS, Oppidan Investment Company, the Applicants, and Eldon and Lila Greenwood, property owners, have requested the rezoning of land from Agricultural Preservation (AG)Zone to Highway Business(B 1); WHEREAS,the subject property is legally described as follows: Lot 1, Block 1, Weston Ponds, Scott County,Minnesota WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on February 3, 2000, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of February 15, 2000, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Agricultural Preservation(AG)Zone to Highway Business(B1)zone. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 2000. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(AG)to Highway Business(B1) DATE: February 3,2000 Site Information: Applicant: Oppidan Investment Company Property Owner: Eldon and Lila Greenwood Location: South of Highway 169,west of County Road 17 and north of 17th Avenue Adjacent Zoning: North: Highway Business(B1) South: Multiple Family Residential(R3) East: County Road 17/Highway Business(B1) West: Highway Business(B1) MUSA: The site is within the MUSA boundary. Attachments: Exhibit A Zoning Area Map Exhibit B: City Code Section 11.36 Highway Business(B1)Regulations Exhibit C: City Code Section 11.22 Agricultural Preservation (AG) Regulations Discussion The applicant is requesting that the City amend the Official Zoning Map by rezoning property currently zoned as Agricultural Preservation (AG) to Highway Business (B1). Please see Exhibit A for the location of the subject site. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits B and C provide a listing of the uses, both permitted and conditional, that are allowed in the Highway Business (B1) and Agricultural Preservation (AG) zones. The 1995 Land Use Plan guides this property for commercial purposes. A copy of the land use plan is available for viewing at City Hall and will be made available at the February 3,2000,meeting. Finding The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have taken place. With the opening of Highway 169, the City has experienced significant growth and demand for commercial site& The rezoning of this property would provide additional developable property,for these types of uses. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns have occurred With the construction and opening of Highway 169, this portion of Shakopee has experienced increased visibility and improved access, which has led to significant development for the area. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The proposed rezoning would not be in conflict with the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation(AG)to Highway Business(B 1). 2. Recommend to the City Council the denial of the request to rezone the subject property from Agricultural Preservation(AG) to Highway Business(B1) . 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, recommending to the City Council the approval of the request to rezone the subject property from Agricultural Preservation (AG) to Highway Business (B1) Zone. Action Rea nested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation(AG)to HLBusiness(B1 Zone. 7u lie Khma Planner II g:\boaa-pc\2000\feb03\rzgrnwd.rtf EXH Ilsrr A SY*1. 4"4 ( i ' 1 = LiiiLl- .1 bl= Or: =0 : :=7-- El 8.0" -.: B1 B1 R2 .,.:1 B n_.fin•' aina ®*;•, ` 4•,4 STH, 169 R3 .1 AG ,%.....- �. ❑� B1 � \�T ❑00aa ®®� ® ® ® ItigEO --- 11►111 [4.4 ® E:7 ® ® [ 7 I C A R1 B ❑ ❑ iii B2 H I r ' 4' �- c4 it% # * i 6 AG s 0.4011;41074 cn -411111111/0> *I Ill ��� 111111• N PlaiAl ,1, W ;'- E SPHAKOPEE coNa�uracYrsms�s� S Proposed Rezoning of PID 27-246001 -0 (Agriculture to Highway Business) Parcel Boundaries 0 Zoning Boundaries 01/11/00 EXHIB B §11.36 SEC.11.36. HIGHWAY BUSINESS ZONE(B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one (1)or more of the following uses: A. motels and hotels; B. restaurants,class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; H. public buildings; I. dwellings when combined in the same structure with another, permitted use within the Highway Business Zone (B-1) along the County Road 69/State Highway 101/First Avenue corridor west of County Road 17/Marschall Road and east of Webster Street or a line running northwesterly along the eastern boundary of the Webster Street right-of-way. (Ord.525, December 31, 1998) Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics: D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants,class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; page mimed in 199$ 1171 §11.36 J. uses having a drive-up or drive-through window; K. vehicle sales,service,or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work,frame work and major painting service, replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; 0. day care facilities; R. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways. stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and pig*revised in 1997 1172 §11.36 6. comply with all other state licensing requirements; (Ord.482,May 15, 1997) S. relocated structures; T. structures over thirty-five(35)feet in height; U. developments containing more than one(1)principal structure per lot; V. retail centers;or W. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord.528,October 29, 1998) Subd. 4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; E. communication service apparatus/device(s)as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4, signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site ' to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted,shall be complied with; p.y.revised in 1998 1173 §11.36 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed,the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund;or(Ord.479, March 13, 1997) F. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Desian Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. minimum lot size(new lots): one(1)acre(Ord.485,June 12, 1997) B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet per tamed in 1997 1174 §11.37 D. Maximum height: Thirty-Five (35) feet without a conditional use permit. (Ord. 31, October 25, 1979; Ont. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377,July 7, 1994; Ord. 434, November 30, 1995) SEC.11.37. Reserved. p.p*revisal in 1997 1175 1 EX01Bir §11.22 SEC.11.22. AGRICULTURAL PRESERVATION ZONE(AG). Subd. 1. Purpose, The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads,sewer,water,and police and fire protection. Subd. 2. Permitted Uses, Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving twelve(12)or fewer persons; J. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve(12)or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization if the required space available for use by • participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or p.go mind in 1996 1111 §11.22 c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space;and 5. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) J. group family day care facilities serving fourteen(14)or fewer children;or K. residential facilities serving six(6)or fewer persons. Subd.3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure,or resale purposes; B. (Deleted, Ord.501, September 18, 1997) C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two (2) domestic animals, over six(6) months of age,are boarded,bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12,or any portion thereof; J. commercial recreation, minor, K. utility service structures; L. day care facilities serving thirteen(13)through sixteen(16)persons; M. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen(13)or more persons; page revised in 1917 1112 §11.22 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least fourty(40)square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval;and 6. comply with all other state licensing requirements; (Ord.482, May 15, 1997) N. residential facilities serving from seven(7)through sixteen (16) persons; 0. wind energy conversion systems or windmills; P. relocated structures; 0. structures over two and one-half(2-1/2)stories or thirty-five(35)feet in height; R. developments containing more than one(1)principal structure per lot;or S. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord.528,October 29, 1998) Subd.4. Permitted'Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; p.y*rowed in INNS 1113 1§11.22 C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; 1, receive only satellite dish antennas and other antenna devices; J. home occupations contingent upon approval of a home occupation permit; or (Ord. 501, September 18, 1997) K. other accessory uses,as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density:one dwelling per forty(40)acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd.6. Additional Requirements. A. All dwellings shall have a depth of at least twenty(20)feet for at least 50% of their width. All dwellings shall have a width of at least twenty(20)feet for at least 50%of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord.304, November 7, 1991;Ord. 377, July 7, 1994; Ord. 435,November 30, 1995) SEC.11.23. Reserved. page tweed in 1167 1114 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. N ichael Leek, Community Development Director SUBJECT: Final Plat of Shenandoah Apartments MEETING DATE: February 15, 2000 Introduction: Heritage Development of Minnesota, Inc. has made application for final plat approval of Shenandoah Apartments. The final plat as proposed is generally consistent with the preliminary plat approved by the City Council on May 18, 1999(Resolution No. 5143). The applicant proposes the construction of 14 buildings having a total of 290 dwelling units. Gross density of the proposed project is 13.09 dwelling units per acre,while the net density is about 14.8 dwelling units per acre. Considerations: Because of the public interest in this property at the time of rezoning and preliminary plat approval, notices stating that the final plat would be reviewed were sent to those notified of the preliminary plat public hearing. At the time this report was prepared, no public comment had been received. Engineering has made a number of comments relative to the plat. A copy of these comments accompanies this memorandum. Those comments, as well as others referred to below have been incorporated into conditions in the proposed resolution of approval. The following comments have been received relative to the final plat; 1) The City Attorney has commented that the declarations sheet must be amended to dedicate the proposed public streets, i.e. Alysheba Road and"Street A." 2) The City Clerk has commented that 1)the declaration sheet should be revised by deleting the signature block for the Planning Commission chair, which is no longer required under the new subdivision ordinance, and 2)the City Attorney should review CIC documents to insure that there is access to public streets. 3) The Building Official has commented that demolition permit(s)will be required for removal of the existing buildings. 4) "Street A"must be renamed, and the final name is subject to approval by the planning division, which is responsible for addressing. 5) The Finance Director has commented that there is a remaining assessment balance of$83,009.62 to be paid. FPSHENAN.DOC/ML 1 Alternatives: 1. Approve Resolution No. 5316, a resolution approving the final plat of Shenandoah Apartments with conditions as set forth below. 2. Approve Resolution No. 5316, a resolution approving the final plat of Shenandoah Apartments with revised conditions. 3. Do not approve Resolution No. 5316. 4. Table the request for additional information. Action Requested: Approve Resolution No. 5316, a resolution approving the final plat of Shenandoah Apartments with conditions as presented, or with revised conditions.. R. Michael Leek Community Development Director FPSHENAN.DOC/ML 2 RESOLUTION NO. 5316 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SHENANDOAH APARTMENTS WHEREAS,Heritage Development of Minnesota,Inc. is the applicant, and Lorraine M.Parrott is the owner of said property;and WHEREAS,the property upon which the request is being made is legally described as on attached Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Shenandoah Apartments on April 22, 1999,and recommended its approval with conditions;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;and WHEREAS,the City Council approved the preliminary plat of Shenandoah Apartments on May 18, 1999 by Resolution No. 5143;and WHEREAS,the final plat as proposed is consistent with the preliminary plat previously approved. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Shenandoah Apartments is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) The declaration sheet shall be revised to include dedication language for the proposed public streets that is acceptable to the City Attorney. in) The declaration sheet shall be revised to delete the signature block for the Planning Commission Chair. iv) The plat drawing shall be revised to reflect the actual name of"Street A."The new name shall be subject to approval by the City's Planning Division. v) All easements per the City's Code and Design Standards shall be shown on the Final Plat drawings. vi) Execution of a Developers Agreement for construction of required public improvements: FPSHENAN.DOGML 3 (1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (4) Installation of sanitary sewer and storm sewer systems, and construction of streets(both public and private)in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. (5) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. (6) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. (7) Developer shall pay existing levied special assessments vii) Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee collected at the time of building permit application will reflect the City's adopted Fee Schedule in effect at that viii)tiiibe City shall require the submission of a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. ix) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. These plans shall include the westerly extension of the"Street A" cul-de-sac to the plat boundary. Easements from the adjoining property at the east end of"Street A"will be required if the cul- de-sac encroaches on the adjoining property. x) A cash deposit shall be required for the future easterly construction of"Street A." The amount of the cash deposit shall be equal to the estimated cost to complete 220 feet of half of a 36 foot wide roadway. xi) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. xii) All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. b) The following general conditions shall apply to the plat: i) No berming, landscaping, ponding, or signing will be allowed within the County right-of-way. ii) Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. FPSEENAN.DOC ML 4 iii) An access permit will be required for Alysheba Road. No other accesses to CSAH 16 from this property will be allowed. Any existing accesses to this property will need to be removed. iv) A temporary rock pad is required to prevent dirt from being tracked onto the county highway during the grading operation. Sweeping of the county highway shall be done as required by the County. v) Driveways shall only be located and sized as approved by the City Engineer. vi) The property owner, his/her heirs or assigns shall be responsible for the ongoing maintenance of driveways, parking lots area, landscaped areas, and structures contained within the plat. 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 ,2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 • FPSHENAN.DOGML 5 i "a EXHIBIT A Resolution No. 5143 Legal Description LEGAL DESCRIPTION: G': :^a: Ca'_ o' :^- =as: =a r C' Northwest O..a':e Sec:.O' Z _✓...-sr'.0 "7N, Raroe 22I, Scot: ""rresO:a 'U'ro \c'.^e' O' tr•e .eels '.''e 0' CO::'- 'C50 `c CesC Ceo O. -e:es aro co-roe 55 rC C. .e<0-rr'n0 at :^e \o'-^e55: GCrre• Of :re =a5' -a C- :^ems\0':^..105: C..a-:e- O: eC:.Or 5_ SO..:^ a'C-o :^e east nne Te =as_ -a O' \Or:roves: re or GO..' ;R4..-ad `'6 :'encs \C",-..este'z. a•CrC tee= `or-e•iire Cr sa 0 'Cao 5;6 rest :C s O0,,t Or :re ,.)est lire o' :rte East -a Cr No-tn.-est .'.,.o-_e C' 55,0 5eC.'Cr 55 0 OC rt O's:ar_ 555.8 rts,et Sc-ti- or tr.... \C--..rues: cc"e' o: tee East ''a. o' \C':^r,es: O a-:e - :^encs \C':^ 7785 ee- a CrC :r'e ,.,.es: re. C' =as: --a r :.--r \C :^ es: O.c'.e :C :^e =a5: -a - t^e'ce Eat-. a Cee- :re NC':- i're or t^e =as- -a O' \c-t'-est :e' ..'.3 'Be_ :C OC r: C' CBO rr 00 5^0 CCr:a r.ro :52 aC es „Cee o' ca'_ o1 the NO':^,:Je5: txra'_e or Sec_ Cr 5, 7o..,rsnic .ince 22 Oe50•iCCO as 'C 'C._:5 �e0irn r0 at :^e me sect on o' the East Itre 0' 55 O .^.s,.a':e' aro :^e e':C ire O: C.--Ownt:. Rosa r6= tee,:.-.e. 0 East !ire a distance o' ;C=B., ree:: :^e"-Oe Iles: a oi3:o'Ce Or 22 Fees-• :"e^ce Sc' :'- aro ca'a'iei :r ;,; o East lire a dIstarce or 922.-2 rect. :o 'CSO `16, :^BrCe ^855tC' o CrC 55 0 Corso. ;;re adis:arse r 25420. nee: :0 CC:rt O' 0B01er'nG. Or:a inirq 5 acres more Cr less. ✓_ CR1 .^\ c'RO✓!D=_^. ^7 L. PARRC AL:Cs,:ST i9.?a.i ^iso sub ec: to r+o- a(, easement over tr•e SOU:r'west 50.00 fee: Cr the foliowine described coo-cel of land: Me: part 0: the East +--calf of the Northwt,s: Quarter or Sector 5, ^s^ 115, Rance 22, Scot: County, Minnesota iy-ro r.c't^ _ re. certerline of County State. ria Jio-way 16, exceot :ra: cart of said Northwest O,.arter of Section 8 Oc c'ibed as follows: E:7einniho 3: :rhe Intersection of the east line of 5510 Northwest C..3-ser and the centerline of Contuu Sate 4;d 1-Honway 16- :'•encs north alone said east :ins a distance or 1048.33 ree:_ thence west, a distance of 221.00 feet= thence 50.40. and parallel with said east ii',e, a distance of '22.72 1'ee: to said centerline: thence southeasterly alon0 Siad con:e-line, a distance of 255420 fee: to the port or ozz...- CEASE EN' _SCRIPTION P=R SCOTT O'NT7 RECORDED DOG NC. 355524.) City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Final Plat Application—Shenandoah Apartments DATE: February 11, 2000 After reviewing the referenced application, I have the following comments for the applicant,and for the planning department: Recommend approval of the Final Plat, subject to the following conditions: 1. Prior to recording of the Final Plat, the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for security for the public improvements, engineering review fees,Trunk Storm Water Charges, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer. These drawings shall include the westerly extension of the Street A cul-de-sac to the plat boundary. Easements from the adjoining property at the east end of Street A will be required if the cul-de-sac encroaches on that property; 3) A cash deposit shall be required for the future easterly construction of Street A. The amount of this cash deposit shall be equal to the estimated cost to complete 220 feet of half a 36' wide roadway; 4) All work in the County Road 16 right-of-way will require a permit from the Scott County Highway Department; and 5) All easements per the City's Code and Design Standards shall be shown on the Final Plat drawings. • • A p 911 P.%S(lw O3 to."N.1341.3. 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',,,,,,0 i , ,, 0,,,,, , , 1 : ; . laki ' I If MD -----iltivi ,i 'd .///1,. :.-,.:„..;),"-- -iiiird, , - . t- ,,„ .',, , . ,,,,\I.,",\,,vw‘f.rifr' . . ...._, if . I la /tr.,,,,,N.:,...6'..!,,,, ,,,,,„%.,,,:.,,t,,,A •:: li.` "4,',"(//pi, .. .11► �° i 11111, . 1 'I II st,, r f iiiiiiiiiiiiiiiiiIIIIIIIIIIINeM ;.!il 1 :, _1 1 nn •f 1 1 m f \\ " J b + �1 ©: Iiiiite:1111,111:1111��,111'�1111 i�11r1i��It .,,K ,:.,:, ., , / ' ':',,,\,,,400.-2.,,, ,, , ii. 1 .,... 1 A. ,,, •At ' ii,2'.,, /lN r' L! (N� o // r; pi v en / li ly . 1 f itfiler'I 4 , ,,,,,,,,,,...._ . ., IN IPP '-....:- , , -i.: / ' . - , 2 ,.. .. ltylm ; i . oli ) ,,. .-> , , , ) / . ,/ , 2)) ,� � , . wilbwitcri, �`'_ ....____ ,..,,,,,., I i�� � lli\s�_ ."7 L',1opp„ ? Pi#4k r N /r: / . .>'\-,„,s \ o. ' Nsk, ' I mRUm it...\. i›, A $ 11 1:3 ir, r(777 4p '1 tt11101k6\,_ / / 9:\-- ftlift"..--- gillic. % V / g. , ::, „„? '''). i2i • 4' ',t 1 / ' Y_,y /II; . 0 m _ 1 it,,, /r , . ,6.0,,, . ..,:-....„..._.--.. / ,/,,.„ ,04k„, . ) q•- - II o=mzo \.a 1 N. \ ., 1111,. \St I '1 t it:t . / ..„„,...., / .s,„ ' ♦ I I41 1♦.' ♦r \ C.) 0 R °''' J O II 1 r tg4,4,0 . , ,® 4. " In ► YQ JI � ) >o p r el •• g� r � S / C ilibiL, O° i / bVaw IL g _411 • or .r or Q 0 ‘lima ll*1‘ , 1 �. `il / . i P. '''' / \o$ / �s M / o F / 0 g .,.., O / 3t / a is T� V1 aX V /5 . /. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Park Land Appraisal—Hauer Property DATE: February 9, 2000 INTRODUCTION: The City Council is asked to review an appraisal amount, and give direction as to whether to make an offer for 10 acres of land adjacent to the Sun Path School property, for use as Park. BACKGROUND: On December 21st,the City Council heard a report by Mark McQuillan about the need to acquire 10 acres of land from Gene Hauer for assemblage into a park/public use area, adjacent to Sun Path School. He has identified approximately 10 acres, of a 40 acre parcel owned by Mr. Gene Hauer. Council direction at that time was to have an appraisal performed, and to report back to the Council with results prior to making an offer. Mr. McQuillan arranged for an appraisal to be done by Peter Patchin and Associates. That appraisal information was received, and a summary (attached) shows a value for the approximate 10 acres as being $375,000, or approximately $37,500 per acre. We have been informed by Mr. Hauer that he has already received a higher amount per acre for the entire 40 acres. The Council should make a decision as to make an offer to Mr. Hauer based on the appraised amount. BUDGET IMPACT: - $500,000 is identified from the Park Reserve Fund in 2000 as being available for acquisition of parkland south of U.S. 169. That amount is sufficient for the value as established by the appraisal; if other action(negotiation or condemnation) is required, it is possible that that amount will be insufficient by itself for the full 10 acres, and any budget adjustment will need to be made at that time. RECOMMENDATION: We recommend that staff be authorized to make a formal proposal to Mr. Hauer. The results will be reported back to the Council. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize staff to submit a formal proposal to Gene Hauer for 10 acres of park property adjacent to Sun Path School, for the amount of$375,000. Vu`s kA,oN - Mark McNeill City Administrator MM:tw ' Patchin Peter J. Patchin, MAI Jason L. Messner, MAI Clay M. Dodd, MAI r, Messner Appraisals Inc. Jeffrey L. Warfield, MAI Joseph E. Mako q Valuation Consultants W ;' • February 3, 2000 k., :,t .>,�°. City of Shakopee Parks and Recreation Department 1225 Fuller Street '+„ Shakopee, MN 55379 ' '':•,' ATTN: Mr. Mark J. McQuillan ':;4"_ Parks and Recreation Director . ii ti , RE: Complete Appraisal, Self-Contained ". , Report, Hauer Property • 0'1.. Part of NW 1/4, NE 1/4 Section 17, • '''' Township 115, Range 22 r.; East of Sun Path School at 17th Avenue ` ',,,t,,,! Shakopee, Minnesota `A ;' Dear Mr. McQuillan: �,. ,r At your request, we have made a complete self-contained appraisal of the above captioned proposed �� property for the purpose of estimatingits fair market value both before and after a ro osed partial taking for park purposes. � The attached report presents the findings, analysis and conclusions of the appraisal and fully ' :,„,+;, identifies the property. The property was inspected by the appraisers. On January 27, 2000, ,, the ro o `; p pert y wner chose to accompany Jeffrey L. Warfield. "fi`,;., ,V The subject is a 38.86 acre parcel of vacant land. It is poised for a mixed use residential ;. development. The city of Shakopee wishes to acquire 10 acres in the southwest quarter of '0'!, the parcel. .1'.--;, •;-, '' • Based upon our inspection of the property and after careful consideration of the many factors :'' .�'� influencing_market value, it is our opinion that the subject property has a market value, as of ,':.V- January 27, 2000, as follows: r 0ii. 'J • Market Value Before The Taking $1,755,000 '' Market Value After The Taking $1,380,000 '` °�-:, Direct Taking and Severance J Damages to the Land ', $ 375,000 ” •. Total Just Compensation Due 'tv& The Land Owner $ 375,000 'h'1, TWIN CITIES OFFICE: ROCHESTER OFFICE: (612)895-1205 Facsimile: (612)895-1521 (507)252-1615 Skyline Square Building,Suite 220 P.O.Box 7343 .Y,' 12940 Harriet Avenue South,Burnsville,MN 55337 Rochester,MN 55903 i,h This appraisal has been made in conformity with the Professional Ethics of the Appraisal Institute and intended to meet the requirements of the "Uniform Standards of Professional Appraisal Practices" (USPAP). The "Contingent and Limiting Conditions" section of this report should be thoroughly read and understood before relying on any information or analysis presented herein. Information in this report was gathered from sources believed to be reliable, but is not guaranteed. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose except that for which it was requested without previous written consent of the appraiser. The undersigned appraisers certify that we have investigated all information believed to be pertinent to the valuation of the property and to the best of their knowledge and belief, the statements and opinions expressed herein are correct and reasonable. If you have any 'x. questions or comments after reading the appraisal, please contact the firm. f�fi Certified to this 3rd day of -!'- February, 2000 PATCHIN MESSNER APPRAISALS, INC. i F'+hj it)017.4Jeffrey L. Warfield, l Minnesota Certified General License#4001304 C=7/4441 a on L. Mes er, MAI M nnesota Certified General License #4000836 • i. :SNn • I, r 1. Patchin Messner Appraisals,Inc. CITY OF SHAKOPEE 6�� b.. , Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Park and Recreation Position Changes DATE: February 9, 2000 INTRODUCTION: The Council is asked to approve changes in positions in Park and Recreation, and adopt two new job descriptions as a result. BACKGROUND: The recent resignation of the Facilities Manager gave cause for the City to examine whether the existing structure of the Parks and Recreation Department is best meeting the needs of the community. After doing some research, it appears that there are greater efficiencies which might be met with restructuring the Department, and also provide the City with an opportunity to address some unmet needs. DISCUSSION: The position that had been vacated with the departure of Ron Stellmaker should continue to have responsibility for facilities,but should also include the supervision of recreation activities;there is a strong connection between those two elements of the program. As such,the position for which the vacancy now exists should be restructured as "Facilities and Recreation Director". A job description should be adopted for that(attached), and advertisement be made to fill the position. The position would also include acting as liaison for parks maintenance activities. There are also the longer range issues such as planning for park development, land acquisition, grant application and administration, and contracts administration for some park projects. These activities are ones which have been performed well by current Park and Recreation Director Mark McQuillan. However,there have been other needs which have not yet been provided for in the City,which are critical to now address—shore land management issues,tree ordinance implementation and reforestation administration, inventorying the entire City for future park or preservation needs, and riverfront development coordination. There is also a need for researching and coordinating the disposition of the 50 acre MnDOT Parcel 75, located in Southbridge. The position would also do water quality programs and education, and coordinate Milfoil programs. I propose to create a new position,to be titled"Natural Resources Director", which should be filled by Mr. McQuillan. Over the next year,this position would be more fully developed, although a draft job description for adoption at this time is attached. The position would be responsible for the activities listed in the preceding paragraph. BUDGET IMPACT: I would recommend keeping Mr. McQuillan at his existing salary in Grade M for the time being. During the first year,the value of the new job responsibilities can be analyzed, and a better appraisal be made following experience with the new job. Regarding the new position,the old Facilities Manager was at pay range I, with a salary range of from $41,110 to $51,387. In view of the additional recreation programming and responsibilities,that job value should be increased to 100 points as compared to benchmarked positions. At this time, we have slotted it at pay range L, which would provide for any salary range of between$50,059 and $62,574. I recommend that we proceed to fill this as soon as possible. RECOMMENDATION: I recommend the following: 1. Set the"Facilities and Recreation Director"at pay range L, and adopt the attached job description. Further, advertisement should be made as soon as possible to fill this position; and 2. Adopt a job description for the position of"Natural Resources Director"at pay grade M, and appoint Mark McQuillan to fill that position. That position would become part of the Administration Department. ACTION REQUIRED: If the Council concurs, it should, by motion, take the following actions: 1. Adopt job descriptions for the position of Facilities and Recreational Director, and Natural Resources Director. 2. Adopt an amended 2000 Pay Plan showing the two positions at Pay Grade "L" for Facilities and Recreation Director, and"M" for the Natural Resources Director. 3. Direct that Mark McQuillan be appointed February 16, 2000 to fill the Natural Resources Director position, and through Scott County, advertise the availability of the Facilities and Recreation Director position. n . LUILI Mark McNeill City Administrator MM:tw RESOLUTION NO. 5317 A RESOLUTION AMENDING RESOLUTION NO. 5278,WHICH ADOPTED THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on November 16, 1999,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5278, approving the 2000 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS,the Park and Recreation Department is being restructured to meet the needs of the community and appropriate staffing,it is necessary to amend the 2000 Pay Schedule by replacing the classification of Facility Manager, Grade I with Facility & Recreation Director, Grade L. In addition,the classification Park& Recreation Director, Grade M is renamed Natural Resources Director, Grade M and Administrative Assistant, Grade F is renamed Management Assistant, Grade F.. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 2000 Pay Plan for Officers and Non-union Employees is hereby amended to replace the Facility Manager, Grade I with the classification of Facility& Recreation Director, Grade L, rename the Park& Recreation Director classification to Natural Resources Director in Grade M and rename the Administrative Assistant classification to Management Assistant in Grade F.. Adopted in session of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 2000 Pay Plan Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjust City Administrator Q $69,069 $71,535 $74,002 $76,468 $78,935 $81,401 $83,868 $86,335 Unused P $64,878 $67,195 $69,511 $71,828 $74,145 $76,462 $78,779 $81,096 Police Chief 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 PWDir/Eng. 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 _ Com.Dev.Dir. N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 Finance Director N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 Natural Resources Director M $53,290 $55,193 $57,096 $58,999 $60,902 $62,805 $64,708 $66,611 City Engineer(not used) L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 Deputy Chief L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 S 64,301 Facility&Recreation Dir L $50,060 $51,848 $53,635 $55,423 $57,211 $58,999 $60,786 $62,574 Assistant City Eng K $46,829 $48,502 $50,174 $51,846 $53,519 $55,191 $56,864 $58,536 EDA Coordinator J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 Assistant Finance Director J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 PW Supervisor I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Project Coordinator I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Building Official I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Accountant III I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Planner II I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 _ City Clerk I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Bldg Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Fire Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 - Eng Tech IV H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Recreation Supervisor II H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Payroll Benefits Coord G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 PlannerI G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 Eng Tech III G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 Management Assistant F $33,837 $35,046 $36,254 $37,462 $38,671 $39,879 $41,088 $42,296 Executive Secretary E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Recreation SupervisorI E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Eng Tech II E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Planning Tech D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 Secretary D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 Accounting Clerk C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Police Records Tech C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Clerk Typist II C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Office Service Wkr B $26,021 $26,951 $27,880 $28,809 $29,739 $30,668 $31,597 $32,526 Community Sery Officer A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Customer Sery Rep A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Facility Maint Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Bldg Maintenance Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Receptionist AA $22,481 $23,283 $24,086 , $24,889 $25,692 $26,495 $27,298 $28,100 2/11/00 Job Description Job Title: Facility and Recreation Director Job Code: Employee Name: Division: Recreation Department: Community Services Location: Community Center Shift: Reports To: City Administrator FLSA Status: Exempt Prepared By: Mark McNeill Prepared Date: 2/00 Approved By: Approved Date: Salary Level: SUMMARY This is a leadership and management position responsible for managing and directing the operations of Recreation, Community Center including Ice Arena,Municipal Swimming Facility and Facility Maintenance. Work involves evaluating the leisure needs of the community and developing programs to meet the established needs. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Plan and direct recreation programs,by establishing goals and objectives,and evaluating community needs for recreation and leisure time activities. Provide leadership, supervise,monitor and evaluate all recreation functions, including employee training,work task assignment,recruitment and selection,and performance review. Plan, implement, direct and coordinate the implementation of facility programs and services. Serve as liaison to Public Works Maintenance Division,for the provision of park maintenance activities. Define and administer proposals,agreements and contracts/leases for facilities. Perform communication activities relating to facilities/recreational programming including press releases,electronic communications, and public speaking and presentations. Prepare agenda,memorandums, minutes and staff support for the City Council and Parks and Recreation Advisory Board. Serve as staff liaison to the Community Education Advisory Board and make certain on-going communication channels are open with the various community service organizations. Page 1 Prepare annual recreation budget. Monitor community center and municipal pool projects, concession operations,expenses and revenues and/or deviations from budget. Establish,administer and implement safety programs and policies for the recreation division. SUPERVISORY RESPONSIBILITIES Carries out supervisory responsibilities associated with recreation, community center and municipal pool employees in accordance with City policies and applicable laws.Responsibilities include interviewing, recommend hiring and training employees; planning, assigning,and directing work; appraising performance; addressing complaints and resolving problems. QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Considerable experience in recreational programming and managing recreational facilities. Demonstrated ability to manage staff,budgets and facilities. Ability to work cooperatively and establish good relations with co-workers, facility user groups and the public. EDUCATION and/or EXPERIENCE Bachelor's Degree(B.A.)in parks and recreation,and/or public administration;M.A.preferred, and five years experience in recreation programming; or equivalent combination of education and experience. Experience in managing indoor ice and outdoor aquatic facilities desirable. LANGUAGE SKILLS Ability to read, analyze, and interpret general business periodicals,professional journals, technical procedures, or governmental regulations.Ability to write reports,business correspondence, and procedure manuals.Ability to effectively present information and respond to questions from individuals, groups of managers,clients,customers, and the general public both in person, over the telephone and via computer. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest, commissions,proportions, percentages, area, circumference, and volume. Ability to apply concepts of basic algebra and geometry. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions.Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES,LICENSES,REGISTRATIONS Valid drivers license. PHYSICAL DEMANDS The physical demands described here are representative of those that Page 2 must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to talk or hear. The employee is regularly required to stand;walk; sit;use hands to finger,handle, or feel objects, tools,or controls; and reach with hands and arms.The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision,distance vision, depth perception,and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee occasionally works in outside weather conditions.The noise level in the work environment will vary from moderate to loud. Page 3 Job Description Job Title: Natural Resources Director Job Code: Employee Name: Division: Department: Administration Location: City Hall Shift: Reports To: City Administrator FLSA Status: Exempt Prepared By: Mark McNeill Prepared Date: 2/00 Approved By: Approved Date: Salary Level: SUMMARY The position involves the direct and/or indirect preservation of natural resources including all public and private properties and long range park development within the City of Shakopee. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Develop and administer City Park Comprehensive Master Plan. Develop a water quality public education campaign which would be available to residents through news releases,flyers, brochures and bulletins. Research and develop new methods of maintaining and restoring water quality to city lakes and water bodies. Develop and manage a comprehensive operating and Capital Improvements budget including but not limited to park land acquisition and development,Eurasian Water Milfoil control program, prairie restorations,water quality,public relations and education, and natural resources. Coordinate park design(i.e.,trail ways,bike paths,park buildings). Review development plans and requests, including new plats and provision of park dedication requirements. Review park dedication requirements of the appropriateness and compatibility. Perform communication activities including production of reports,routine correspondence and public speaking. Negotiate and identify land acquisition opportunities for city park needs. Inventory land with the city for future park and preservation needs. Page 1 Identify grant opportunities for park development and other city grant opportunities, and grant administration. Perform contracts administration for park improvement construction projects. Direct activities of consultants used to accomplish other specific job duties. Administer city tree ordinance and reforestation program of the city, including planting,diseased tree abatement and related activities. Administer shore land management ordinance in coordination with the Community Development Director. Identity and coordinate design improvements to Shakopee river front redevelopment. Provide periodic reports as necessary, to City Council, City Administrator and the Parks and Recreation Advisory Board. Develop and maintain an Eurasian Water Milfoil program including inspections,training, treatments. Department of Natural Resources Liaison. Coordinate Adopt-A-Park and Adopt-A-Street program. Manage activities including contracts, signs,materials, supplies and communications. Perform other duties and assume other responsibilities as apparent or assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill,and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's degree in Parks Administration,Environmental Education,Natural Resources,or related field;M.A. preferred, and six to eight years experience in park development or natural resources management, or the equivalent combination of education and experience. LANGUAGE SKILLS Ability to read,analyze,and interpret general business periodicals,professional journals, technical procedures, or governmental regulations.Ability to write reports, business correspondence, and procedure manuals. Ability to effectively present information and respond to questions from individuals, groups of managers, clients,customers, and the general public both in person, over the telephone and via computer. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest,commissions,proportions, percentages,area,circumference, and volume. Ability to apply concepts of basic algebra and geometry. Page 2 REASONING ABILITY Ability to define problems,collect data,establish facts,and draw valid conclusions.Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES,LICENSES,REGISTRATIONS Valid drivers license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to talk or hear. The employee is regularly required to stand;walk; sit; use hands to finger,handle,or feel objects, tools, or controls; and reach with hands and arms.The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee occasionally works in outside weather conditions.The noise level in the work environment will vary from moderate to loud. Page 3 CITY OF SHAKOPEE C ; s`' 77 Memorandum `' TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution No. 5315 ordering the preparation of an Alternative Urban Areawide Review(AUAR)for a proposed development generally known as"Shakopee Crossings" and located south of STH 169 and east and west of CSAH 18 MEETING DATE: February 15, 2000 Introduction: At its February 1, 2000 meeting the Council ordered the preparation of an AUAR for the project described above, and directed staff to return with a resolution ordering the AUAR. Resolution No. 5315 is attached for the Council's consideration. Alternatives: 1. Approve Resolution No. 5315 as presented, a resolution ordering the preparation of an AUAR for a project generally knowh as"Shakopee Crossings" and located south of STH 169 and east and west of CSAH 18. 2. Approve Resolution No. 5315 with revisions, a resolution ordering the preparation of an AUAR for a project generally known as"Shakopee Crossings" and located south of STH 169 and east and west of CSAH 18. 3. Do not approve Resolution No. 5315 4. Table the request for additional information. Action Requested: Approve Resolution No. 5315 as presented, a resolution ordering the preparation of an AUAR for a project generally known as"Shakopee Crossings" and located south of STH 169 and east and west of CSAH 18. R. Michael Leek Community Development Director AUAR5315.doo/ML 1 RESOLUTION NO.5315 A RESOLUTION OF THE CITY OF SHAKOPEE ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW(AUAR)FOR A PROJECT GENERALLY KNOWN AS"SHAKOPEE CROSSINGS"AND LOCATED SOUTH OF STH 169 AND EAST AND WEST OF CSAR 18 WHEREAS,the City of Shakopee received a request from Steven Soltau on behalf of Shakopee Crossings requesting the preparation of an AUAR for a project generally known as "Shakopee Crossings";and WHEREAS,on February 1,2000 the City Council took action directing the preparation of an AUAR;and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the City of Shakopee complete an AUAR for the proposed"Shakopee Crossings"project; BE IT FURTHER RESOLVED,that the appropriate City officials be authorized to execute an agreement with Shakopee Crossings regarding the reimbursement of costs incurred by the City in preparation of the AUAR. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street AUAR5315.doc/ML 2 is c . CITY OF SHAKOPEE Memorandum �'C^ A Y TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Metropolitan Council Grant Agreement No. SG-99-138; a $100,000 Local Housing Incentives Grant for Evergreen Townhomes MEETING DATE: February 15, 2000 Introduction: On November 10, 1999 the Metropolitan Council approved$100,000.00 in Local Housing Incentives funds for the Evergreen Heights Townhomes project. Council is asked to authorize the appropriate City officials to execute the above-named agreement. For the Council's information,the local match referred to in the agreement is met by the grading work that was previously done on the site. Alternatives: 1. Offer and pass a motion authorizing the appropriate City officials to execute Grant Agreement No. SG-99-138, approving $100,000.00 in Local Housing Incentives funds for the Evergreen Heights Townhomes project. 2. Do not authorize execution of Grant Agreement No. SG-99-138. 3. Table the request for additional information. Action Requested: Offer and pass a motion authorizing the appropriate City officials to execute Grant Agreement No. SG-99-138, approving$100,000.00 in Local Housing Incentives funds for the Evergreen Heights Townhomes project. R. Michael Leek Community Development Director gaoummt, Grant No. SG-99-138 METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVES ACCOUNT' GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of Shakopee("Grantee"). WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; and WHEREAS, Minnesota Statutes sections 473.251 and 473.254 establish within the Metropolitan Livable Communities Fund a Local Housing Incentives Account and require the Council to annually distribute funds in the account to participating municipalities that have not met their affordable and life-cycle housing goals, as determined by the Council, and are actively funding projects designed to help meet the goals; and WHEREAS, the Grantee is a "municipality" as defined in Minnesota Statutes section 473.254, subdivision 6 which has negotiated affordable and life-cycle housing goals pursuant to Minnesota Statutes section 473.254, subdivision 2 and has elected to participate in the Local Housing Incentives Account program; and WHEREAS, the Grantee has not yet met its affordable and life-cycle housing goals as determined by the Council and is actively funding projects designed to help meet the goals; and WHEREAS, the Grantee agrees to provide the grant funds made available under this agreement to help fund a multifamily rental housing project identified in the application for Local Housing Incentives Account funds submitted by the Evergreen Heights Townhomes II, Limited Partnership in response to a Super Request for Proposals for multifamily rental housing issued in July 1999 by the Metropolitan Housing Implementation Group; and WHEREAS, at its November 10, 1999 regular meeting, the Council awarded Local Housing Incentives Account funds to the Grantee for the multifamily rental housing project located within the City of Shakopee. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement,the Grantee and the Council agree as follows: Page 1 of 6 Pages I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Metropolitan Area" means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (b) "Municipality"means a statutory or home rule charter city or town in the Metropolitan Area. (c) "Participating Municipality" means a Municipality electing to participate in the Local Housing Incentives Account program under Minnesota Statutes section 473.254. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee a total sum of$100,000 which shall be funds from the Local Housing Incentives Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Local Housing Incentives Account funds made available to the Council, or any reduction or termination of the dollar-for-dollar match amount required under paragraph 2.02, may result in a like reduction to the Grantee. 2.02 Match Requirement. Pursuant to Minnesota Statutes section 473.254, subdivision 6, the Grantee shall match on a dollar-for-dollar basis the total grant amount received from the Council under paragraph 2.01. The source and amount of the dollar-for-dollar match shall be identified by the Grantee in the report(s)required under paragraph 3.03. 2.03 Authorized Use of Grant Funds. The total grant amount made available to the Grantee under this agreement shall be used only for the purposes and activities described in the application for Local Housing Incentives Account funds. A copy of the project summary that identifies eligible uses of the grant funds and was approved by the Council is attached to and incorporated into this agreement as Attachment A. Grant funds must be used for purposes consistent with Minnesota Statutes section 473.25(a), in a Participating Municipality. Grant funds must be used for costs directly associated with the specific proposed activities and are intended to be used for"hard costs" rather than "soft costs" such as: administrative overhead; activities prior to the start of the grant project; travel expenses; legal fees; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. If consistent with the application and the project summary in Attachment A,the Grantee may use the grant funds to make deferred loans (loans made without interest or periodic payments), revolving loans (loans made with interest and periodic payments) or otherwise make the grant funds available on a "revolving" basis for the purposes of implementing the project activities described in Attachment A. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any grant funds which Page 2 of 6 Pages Ill are not used for the authorized purposes specified in this paragraph; any grant funds that are not matched on a dollar-for-dollar basis as required by paragraph 2.02; any interest earnings described in paragraph 2.06 that are not used for the purposes of implementing the project activities described in Attachment A; and any "revolved" funds described in paragraph 2.06 that are not used by the Grantee to implement affordable and life-cycle housing initiatives pursuant to paragraph 2.06. 2.04 Budget Variance. A variance of ten percent (10%) in the amounts allocated to various eligible uses identified in Attachment A shall be considered acceptable without further documentation or Council approval. Budget variances exceeding ten percent (10%) may require approval of the governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this agreement shall not exceed the maximum grant amount specified in paragraph 2.01 of this agreement. 2.05 Disbursement Schedule. The Council will disburse the grant funds to the Grantee in accordance with the grant fund disbursement schedule contained in Attachment B, which is incorporated into and made a part of this agreement. The Council will make disbursements only upon receipt of a written disbursement request from the Grantee's authorized agent or representative. 2.06 Interest Earnings and Revolved Funds. If the Grantee earns any interest or other income from the grant funds received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the project activities described in Attachment A. If the Grantee uses the grant funds on a "revolving" basis or otherwise receives revolved funds from the project activities described in Attachment A, the Grantee must: (a) use the revolved funds to implement similar eligible projects that will help the Grantee meet its affordable and life-cycle housing goals and implement the purposes of Minnesota Statutes sections 473.25 and 473.254; or (b) return the revolved funds to the Council for use with other eligible projects. The Grantee shall report to the Council any revolved funds received by the Grantee and the Grantee's uses of those revolved funds. 2.07 Effect of Grant. Issuance of this grant neither implies any Council responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in any pollution cleanup of the project site if such cleanup is undertaken or required. III. ACCOUNTING,AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. The Grantee also will keep proper financial records and other appropriate documents sufficient to evidence the nature Page 3 of 6 Pages I:1� and expenditure of the dollar-for-dollar match funds required under paragraph 2.02. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds,whichever occurs earlier. 3.03 Report Requirements. The Grantee will provide to the Council one or more written reports which report on the status of the project activities described in Attachment A, the expenditures of the grant funds, and the source and expenditure of the dollar-for-dollar match funds required under paragraph 2.02. The reporting schedule and the content of the written report(s) are identified in Attachment C, which is incorporated into and made a part of this agreement. 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this grant, and that any environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement expires June 30,2000. 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. If this agreement is terminated, the Grantee shall receive payment on a pro rata basis for project activities described in Attachment A that have been completed. Termination of this agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 4.03 Amendments. The Council and the Grantee may amend this agreement by mutual agreement. Amendments, changes or modifications of this agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, Page 4 of 6 Pages 1 status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this grant, except to the extent the claims, damages, losses and expenses arise from the Council's own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the termination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the Council and the State of Minnesota in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following, or similar, language: This project was financed in part with funds provided by the Metropolitan Council through the Local Housing Incentives Account of the Metropolitan Livable Communities Fund. 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor and subcontractor compliance with all applicable state and federal laws. Along with such provisions,the Grantee shall require that contractors and subcontractors performing work covered by this grant comply with all applicable state and federal Occupational Safety and Health Act regulations. Page 5 of 6 Pages 5.07 Attachments. The following are attached to this agreement and are incorporated into and made a part of this agreement: (a) Attachment A - Summary of the project activity and budget provisions of the application for Local Housing Incentives Account funds (b) Attachment B - Grant Fund Disbursement Schedule (c) Attachment C - Written Report Submission Schedule 5.08 Warranty of Legal Capacity. The individuals signing this agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's behalf respectively that the individuals are duly authorized to execute this agreement on the Grantee's and the Council's behalf respectively and that this agreement constitutes the Grantee's and the Council's valid,binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date when both parties have finally executed this document. Approved as to form: METROPOLITAN COUNCIL By Associate General Counsel Thomas C. McElveen,Director Community Development Division Date CITY OF SHAKOPEE By Title Date By Title Date SG9913i MC 12/99 Page 6 of 6 Pages ATTACHMENT A APPLICATION FOR LOCAL HOUSING INCENTIVES ACCOUNT FUNDS This attachment comprises this page and page A-1 and contains a summary of the project identified in the application for Local Housing Incentives Account grant funds contained in a Minnesota Housing Finance Agency multifamily programs application form which was submitted by the Evergreen Heights Townhomes H,Limited Partnership in response to a Super Request for Proposals for multifamily rental housing issued in July 1999 by the Metropolitan Housing Implementation Group. The summary reflects the Grantee's proposed project as approved by the Council on November 10, 1999 and may reflect changes in project funding sources, changes in funding amounts, or minor changes in the proposed project that occurred subsequent to application submission. The application is incorporated into this grant agreement by reference and is made a part of this grant agreement as follows. If the application or any provision in the application conflicts with or is inconsistent with other provisions of this agreement or the project summary contained in this Attachment A, the terms, descriptions and dollar amounts contained in this grant agreement and the project summary contained on page A-1 shall prevail. I l 2. City of Shakopee—Evergreen Heights Townhomes II LHIA Award: $100,000 This application is for assistance for a new construction of a 24-unit,two-story townhouse development consisting of four buildings on one contiguous site south of Vierling Drive near County Road 16. Eight public housing units also to'be constructed turnkey by the applicant with Hollman funds and turned over to City for ownership. Thi surrounding area is planned for a mix of residential,commercial and industrial development.The proposal is strongly supported by the City as part of a larger development, and the city is selling the site to the developer. A large daycare facility is also being developed adjacent to the housing site. Total Recommended Other Funding Number of Project Cost LHIA Award Sources this Cycle Units Proposed Rents $2,484,699 $100,000 $120,000 MHFA 24 4 2 BR $605 $100,000 FHF 7 2 BR 715 12 3 BR 826 1 4 BR 922 A - 1 ATTACHMENT B GRANT FUND DISBURSEMENT SCHEDULE The total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to the Grantee for uses consistent with this agreement according to the following schedule: The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council. Written disbursement requests shall indicate the project activity funded by this agreement, the contractor(s)/vendor(s) to be paid, and the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Individual disbursement requests should specify the project or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval for consistency with this agreement, the Council will disburse a requested amount to the Grantee within two (2) weeks after receipt of a written disbursement request. ATTACHMENT C WRITTEN REPORTS AND SUBMISSION SCHEDULE Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall submit to the Council written quarterly reports which shall contain at least the following elements: • A summary description of the grant funds received and expended to date, including a description of the purposes or uses for which the grant funds were expended, and an itemized list of all project costs and sources of funds used to cover the project costs. • A summary of the required dollar-for-dollar match funds expended to date. The summary must identify the source and amount of the match funds required under paragraph 2.02 of this contract and describe the purposes or uses for which the match funds were expended. • A statement identifying expected grant and match fund expenditures within the next quarter. The Grantee's final written quarterly report shall be submitted within two (2) months following the expenditure of all grant funds by the Grantee and must: include a summary description of the project assisted with the grant funds; contain a certification by the Grantee's chief financial officer that all grant funds and match funds have been expended in accordance with this agreement and the provisions of the Metropolitan Livable Communities Act; identify the final number of households served by the project; identify the final number of unit sizes and rent ranges; and include a statement describing in reasonable detail how the project helped the Participating Municipality within which the project is located meet the negotiated affordable and life-cycle housing goals established with the Council. The Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report which will assist the Council in monitoring and evaluating the implementation of the Local Housing Incentives Account program. The contents, format and completion date of the Monitoring and Evaluation Report will be determined by the Council. This reporting requirement and the reporting requirement of paragraph 2.06 shall survive the termination or expiration of this agreement. AUTHORIZED AGENT The Council's authorized agent for the purposes of administering this agreement is Wayne Nelson or another designated Council employee. The written report(s) submitted to the Council shall be directed to the attention of the Council's authorized agent at the following address: Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul,Minnesota 55101-1634 /S4 O. ) • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 2000 Reconstruction Project No. 2000-4 DATE: February 15, 2000 INTRODUCTION: Attached is Resolution No. 5314, a resolution receiving a report and calling a hearing on an improvement for the 2000 Reconstruction Project. BACKGROUND: On November 3, 1999, the City Council ordered the preparation of a feasibility report for the 1998 Reconstruction Project. This report has been completed and is attached for Council review. The proposed project area includes the following streets: • 3rd Avenue, from C.R. 69 to Shumway Street • Shumway Street, from 3rd Avenue to 2nd Avenue • Harrison Street, from 6th Avenue to 3rd Avenue The purpose of the feasibility report is to evaluate the existing infrastructure (streets, utilities, drainage) and make recommendations for any improvements that are needed. The feasibility report also addresses the estimated costs for the improvements and the proposed assessments which would result from the project being constructed. The attached resolution sets a date for a public hearing for this project for March 21, 2000. The approval of Resolution No. 5314 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff has prepared a brief presentation for the February 15th Council meeting which will provide an overview of the project, the feasibility report and main issues. Staff will make a full presentation at the March 21st meeting on the feasibility report to the public and the City Council. With this feasibility report, the main issues are as follows: 1. Sanitary sewer&watermain utilities to existing commercial area. 2. Harrison Street improvement alternatives. 3. 3rd Avenue improvements. 4. Shumway Street improvements. 5. Timing of assessment hearing. 6. Cost of project. ISSUE NO. 1 Along the west side of 3rd Avenue, there exist five parcels which do not have sanitary sewer and watermain utilities. The sanitary sewer extension needs to be installed prior to the street reconstruction due to the underlying rock is close to the surface. A feasibility report was prepared in 1989 for sewer and water utilities. However, the improvement project did not move forward due to the cost. Staff has been working with SPUC's staff and the property owners to determine the most cost effective routes for municipal utility service. In the feasibility report, two alternatives were prepared for serving the commercial property along C.R. 69. Alternative No. 1 is constructing a watermain along Harrison Street. This alternate does not provide as much service area as Alternative No. 2 or fire protection and the property owners would have to construct long services to serve their buildings. Alternative No. 2 is more costly, however provides more service area, better fire protection and service lines to serve buildings. ISSUE NO. 2 Harrison Street is old T.H. 169 which has concrete pavement installed several years old. This street is 20 feet in width within a 100 foot right-of-way corridor. Staff has provided four cost alternatives for Council and the public to consider. Two alternatives consider improving the entire segment of Harrison Street from 3rd Avenue to 6th Avenue. Two other alternatives are included for improving a portion within either a vacation of a portion or to leave as is. Harrison Street has less than 200 cars per day, and is functioning as a local road. Also, along this road exists City property (Riverview Park), lots which are undevelopable or serve no benefit. For the purpose of accepting the report and establishing a public hearing, the highest cost alternative was selected. Council can reduce the project scope, if desired, at the public hearing. Staff believes Alternative No. 4 is the best alternative in keeping the roadway open at the lowest cost. ISSUE NO. 3 3rd Avenue improvements include constructing an urban roadway, 9-ton design, with a street width of 36 feet along C.R. 69 to 40 feet from Friendship Manor to Shumway Street . The existing street was a rural street with no concrete curb & gutter. Sanitary sewer will be extended to those properties without service such as Shakopee Services. Watermain reconstruction will be done as per SPUC direction and funded 100% by the utility. The street will be built to a 9-ton design to serve the mainly commercial/industrial area. Per City Policy, street reconstruction will be assessed at 25%. The commercial/industrial parcels will be assessed for a 9-ton roadway, while the residential property will be assessed for a 7-ton roadway. In addition, staff has requested a contribution from Rahr Malting for the 9-ton roadway. ISSUE NO. 4 Shumway Street is in poor condition and is proposed to be reconstructed its current width of 44 feet to match current intersections and storm sewer catch basins. No sewer and water utilities exist in Shumway Street and to serve residential housing on the east side by 2nd Avenue, utilities would need to be extended from 2"d Avenue east of Shumway Street. Staff has met with these property owners and they have indicated no desire for sewer and water at his time. In the future, utilities could be extended along 2nd Avenue boulevard. ISSUE NO. 5 The assessment hearing time line may be an issue due to the sewer & water assessments to commercial properties and assessments to the larger parcels. Past practice has been to have the assessment hearing after the improvements has been completed and final costs determined. Alternatives to this would be to have the assessment hearing prior to bid award, and based on either the feasibility report or actual low bid received. Staff will pursue waivers of assessment hearing from the major property owners with the largest assessments. Typically, the public hearing will determine whether this project has the support of property owners and having the assessment hearing before bid award may not be necessary. Staff would like to have Council direction on this practice so that resolutions could be prepared for the March 21, 2000 public hearing. ISSUE NO. 6 The total estimated project cost for the proposed streets of reconstruction is $1,523,994.31 and this estimate does include $128,713.75 of SPUC watermain replacement or repair costs and trunk watermain charges. The 2000 CIP had a 2000 reconstruction project cost for 3RD Avenue, from C.R. 69 to Shumway Street and Shumway Street, from 2nd Avenue to 3rd Avenue at $1,080,000.00 with SPUC watermain replacement costs. This project cost includes Alternative No. 2 for watermain routing and Alternative No. 1 for Harrison Street which is a total reconstructed 36 foot wide street. A breakdown of project funding source costs are as follows: FUNDING SOURCE FEASIBILITY CIP * Assessments $ 635,692.53 $ 264,000.00 Sanitary Sewer Enterprise Fund $ 75,806.50 $ 100,000.00 Shakopee Public Utilities $ 128,713.75 $ 75,000.00 Storm Drainage Enterprise Fund $ 88,147.13 $ 75,000.00 Tax Levy $ 607,260.32 $ 566,000.00 PROJECT TOTAL $1,535,620.23 $1,080,000.00 * Includes Trunk Watermain Charge as requested by SPUC. The tax levy amount for this project is increased from $566,000.00 to $607,260.32 by adding Harrison Street to the project. This cost is the worst-case scenario with the entire street length being totally reconstructed. If another alternative were selected for Harrison Street, the City's tax levy would be reduced. The assessment amount proposed of $635,692.53 is much higher than previously estimated. This is due to the new sanitary sewer and water improvements to commercial areas along 3rd Avenue and the concrete curb & gutter is being assessed at 100% similar to the Gorman Street Project. If Alternative No. 4 for Harrison Street is selected, the total project cost is reduced by $146,575.96 to $1,389,044.27. A breakdown of project funding source costs are as follows: FUNDING SOURCE FEASIBILITY CIP Assessments $ 577,397.45 $ 264,000.00 Sanitary Sewer Enterprise Fund $ 75,806.50 $ 100,000.00 Shakopee Public Utilities $ 128,713.75 $ 75,000.00 Storm Drainage Enterprise Fund $ 75,227.63 $ 75,000.00 Tax Levy $ 531,898.94 $ 566,000.00 PROJECT TOTAL $1,389,044.27 $1,080,000.00 With this alternative, the proposed tax levy amount is less than included in the 2000 CIP and budget. Staff is recommending Alternative No. 2 for the watermain routing and Alternative No. 4 for Harrison Street for this project. If the sanitary sewer is not installed in 3`d Avenue, then staff recommends the street reconstruction end at Harrison Street or the project delayed until sewer will be extended. The public hearing is proposed for March 21, 2000. Staff would also conduct an informational meeting on March 13, 2000 with the affected property owners and bring comments received back to the Council. ALTERNATIVES: 1. Adopt Resolution No. 5314. This action will receive the feasibility report and set the date for the public hearing for March 21, 2000. 2. Deny Resolution No. 5314. This action will halt the project until such time as the City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. This action will place the project on hold until such time as the City Council sets a date for the public hearing. 4. Table Resolution No. 5314, to allow time for staff to prepare additional information and/or revise the feasibility report as directed by the City Council. RECOMMENDATION: If the City Council wishes to pursue all or a portion of this project for the 2000 construction season, staff recommends Alternative No. 1, to adopt Resolution No. 5314. If the City Council does not wish to pursue this project, then the appropriate action would be to move the approval of Resolution No. 5314 and vote against the motion. If Council wants to direct to revise the feasibility report and assessment procedures, then Alternative No. 4 is recommended. Also, Council can provide direction on Harrison Street alternatives and when to conduct an assessment hearing. ACTION REQUESTED: Offer Resolution No. 5314, A Resolution Receiving a Report and Calling a Hearing on an Improvement for the 2000 Reconstruction Project No. 2000-4 and move its adoption. Bruce Loney Public Works Director MEM5314 RESOLUTION NO. 5314 A Resolution Receiving A Report And Calling A Hearing On An Improvement For the 2000 Reconstruction Project No. 2000-4 WHEREAS, pursuant to Resolution No. 5258 of the City Council adopted November 3, 1999, a report has been prepared by the City Engineer, with reference to the improvement of 3`d Avenue, from County Road 69 to Shumway Street; Shumway Street, from 3'd Avenue to 2nd Avenue; and Harrison street, from 6th Avenue to 3`d Avenue by installation of sanitary sewer, watermain, storm sewer, concrete curb & gutter, street reconstruction, street lighting and all appurtenant work and this report was received by the Council on February 15, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of 3`d Avenue, from County Road 69 to Shumway Street; Shumway Street, from 3`d Avenue to 2nd Avenue; and Harrison street, from 6th Avenue to 3`d Avenue by installation of sanitary sewer, watermain, storm sewer, concrete curb & gutter, street reconstruction, street lighting and all appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$1,535,620.23. 2. A public hearing shall be held on such proposed improvements on the 21st day of March, 2000, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 2000-4 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk Feasibility Report For 2000 Street Reconstruction Program Which Includes Improvements To: 3rd Avenue, From County Road 69 to Shumway Street Harrison Street, From 6th Avenue to 3rd Avenue Shumway Street, From 3rd Avenue to 2nd Avenue in Section 1, 2 and 11, Range 23, Township 115 Shakopee, Minnesota February 15, 2000 Engineering Department City of Shakopee SHAKOPEE 129 Holmes Street Shakopee, Minnesota 55379 COMMUNITY PRIDE SINCE 1857 (612) 445-3650 FEASIBILITY REPORT FOR 2000 STREET RECONSTRUCTION PROGRAM WHICH INCLUDES IMPROVEMENTS TO: 3rd AVENUE, FROM COUNTY ROAD 69 TO SHUMWAY STREET HARRISON STREET, FROM 6TH AVENUE TO 3RD AVENUE SHUMWAY STREET, FROM 3RD AVENUE TO 2ND AVENUE IN SECTION 1, 2 AND 11, RANGE 23, TOWNSHIP 115 SHAKOPEE SCOTT COUNTY, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 454-g/ Date Z // 00 Registration No. 17590. FEBRUARY 2000 TABLE OF CONTENTS FOR THE 2000 RECONSTRUCTION PROGRAM SHAKOPEE, MINNESOTA Description Page No. Introduction 1 Scope 1 Background 1 -2 Proposed Improvements 2—6 Cost Estimate 6 - 7 Funding& Special Assessments 7 -9 Conclusions 9 Project Financing Summary 8 - 9 Appendix City of Shakopee Feasibility Report—2000 Reconstruction SHAKOPEE COMMUM,YPR¢)ESNSlam, INTRODUCTION On November 3, 1999, the City Council of Shakopee adopted Resolution No. 5258, which ordered the preparation of feasibility reports for improvements to various streets as listed below: • 3RD Avenue—Shumway Street to County Road 69 • Harrison Street—3rd Avenue to 6th Avenue • Shumway Street—2"d Avenue to 3rd Avenue SCOPE This report evaluates the feasibility of reconstructing these streets. All existing infrastructure elements (streets, utilities, etc.) were evaluated, improvements recommended, cost estimates of the proposed improvements prepared and funding strategies developed by this report. BACKGROUND These streets are some of the oldest in the City of Shakopee. Improvements to the streets have since been limited to street patching and seal coating. These streets are in similar condition as to other streets which have been reconstructed between 1980 and 1988 (See street reconstruction map in the Appendix). The existing pavements are extremely deteriorated to the point where they require far more than normal maintenance. There are many transverse and longitudinal cracks, large areas of patching, severe crown problems and no curb and gutter. Harrison Street is the original Hwy. 169 concrete pavement. These streets generate numerous citizen complaints on an annual basis and have been on the 5-Year Capital Improvement Plan for City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 1 of 10 SHAKOPEE COMMUNITY PRIDE SINCE NW several years. 3rd Avenue is a 24 foot wide paved bituminous roadway with no curb & gutter from Shumway Street to Harrison Street. However, this street segment does have storm sewer and catch basins installed for a 40 foot roadway. Sanitary sewer serving the west end of 3' Avenue is deteriorated clay pipe with bad joints and sags. Commercial property along 3' Avenue adjacent to C.R. 69 does not have municipal sanitary sewer and water services and this report investigates the installation of municipal sewer and water into this area. AGE OF SANITARY SEWERS Shumway Street -None Harrison Street-None 3rd Avenue— 1960, 1961, 1979 and 1980 Some areas of watermain warrant replacement as determined by SPUC. Existing storm sewer is concrete pipe which was either installed in 1976 or later or was determined to be in good condition upon investigation and did not warrant replacement at this time. The existing zoning of all abutting properties is shown on the zoning map in the Appendix. PROPOSED IMPROVEMENTS A. Roadway The existing pavement on 3rd Avenue is 24 feet wide with no curb & gutter. It is proposed to reconstruct to a pavement width of 36 to 40 feet and construct this street to a 9 ton design. This portion of 3rd Avenue does serve a predominantly commercial, industrial district and would connect C.R. 69 to Apgar Street which are both 9 ton roadways. In order to reconstruct 3rd Avenue, from C.R. 69 to Harrison Street, municipal utilities such as sanitary sewer needs to be extended first due to underlying rock in the area before reconstructing the street. If Council does not order the extension of sewer and water utility service to the commercial area, then staff recommends the street reconstruction be delayed as well. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 2 of 10 SHAKOPEE COMMTJWY PRIDE&WE 16S] Shumway Street, from 2"d Avenue to 3rd Avenue is included in this feasibility report for reconstruction. A 44 foot wide street is proposed to maintain a uniform width and match the existing storm sewer system. For Shumway Street, no extension of sanitary or watermain is proposed in this street. One property at the corner of Shumway Street and 2"d Avenue does not have utility services at this time. Also, there is undeveloped property on 2"d Avenue that is not served as well. If municipal sewer and water is desired in the future, the utility lines on 2"d Avenue can be extended along the boulevard to serve these properties. Staff is recommending a reconstruction of Shumway Street, which is independent of utility extensions along 2"d Avenue. Harrison Street is old T.H. 169 which has been turned back to the City from the State. The existing roadway is 20 feet in width and has seven to nine inches of concrete pavement that is severely deteriorated. Within this report, there are several alternatives in improving all or a portion of Harrison Street as follows: 1. Construct a 36 feet wide street by reconstructing Harrison Street, from 3rd Avenue to 6th Avenue. 2. Construct a 36 foot wide street from 3rd Avenue to Riverview Park and vacate the rest of the street. With this alternative, a bituminous trail would be constructed to 6th Avenue to serve as an emergency vehicle access, maintenance access and trail to Riverview Park. 3. Improve Harrison Street, from 3rd Avenue to 4th Avenue only and leave the remainder as is. 4. Overlay the existing concrete pavement with bituminous and allow a 20 foot wide street to exist with no parking on either side. 5. Do Nothing. In reviewing the alternatives for Harrison Street, staff considered the traffic use and current function. At this time, the traffic counts measured have been 200 vehicles per day. This vehicle count could increase with an improved road surface. This segment of roadway does provide access to Riverview Park, the commercial properties on the west side of Harrison Street and would be the only access road available for the development of R-3 zoned property near 6th Avenue. This property has been guided for B-1 commercial and if rezoned to B-1 would get access from 3rd Avenue. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 3 of 10 SHAKOPEE CcOAMUNIrt•Moe S N E1657 Alternative No. 1, which is the total reconstruct of Harrison Street to a 36 foot City street width standard is the most expensive. Alternative No. 2, would depend on a rezoning of R-3 property to B-1 and the property owner to date has indicated a desire for the property to remain R-3. Alternative No. 3, which is for the reconstruction of Harrison Street, from 3' Avenue to 4th Avenue, should be done at a minimum if 3rd Avenue is improved. This would improve 3rd Avenue and Harrison Street on both sides of property in the area. Alternative No. 4 is the best cost alternative and is proposing to reconstruct Harrison Street, from 3rd Avenue to 4th Avenue, and overlay the remainder of Harrison Street by utilizing a procedure that Mn/DOT has done which is a cracking of the concrete pavement, recompacting and then a bituminous overlay. This alternative would leave the street width at 20 feet with no parking. Staff would recommend gravel shoulders or concrete curb & gutter with this alternative. Alternative No. 5 is the "Do Nothing"proposal which has been done for the past 70 years. Harrison Street is very similar to the 1999 reconstruction of Muhlenhardt Road as follows: • Both roadways were turned back to the City from either the State or County. • Both roadways were built to a narrower road width standard. • Both roadways are low in traffic volume and have no need for parking along the roadways. • Both roadways are located in the bluff area down to the valley. If 3rd Avenue is improved, then Harrison Street should be reconstructed from 3rd Avenue to 4th Avenue, with the remainder to remain as is or bituminous overlaid as proposed in Alternative No. 4. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 4 of 10 SHAKOPEE OOMMIIMfY PRIDESMEW B. Sidewalks No sidewalks are proposed. A bike trail is proposed on Harrison Street between 6`1' Avenue and Riverview Park for the maintenance access/emergency vehicle access for Alternate 2 that proposes to vacate a portion of Harrison Street. C. Sanitary Sewers Existing sanitary sewers on 3rd Avenue to the east and west of Adams Street are 8" PVC pipe and are in good condition. Sanitary sewer serving 3rd Avenue west of Harrison Street is on an easement from about 2' and Adams and is 10" clay pipe that has cracks, sags and root infestation in virtually every joint. This sewer was televised on December 17, 1999. This report recommends replacement and extension of this sewer to serve properties to the west of Harrison Street to C.R. 69 An extension of sanitary sewer on 3rd Avenue west of Pierce Street is also recommended. (See the sanitary sewer map in the Appendix). No sanitary sewer or watermain is proposed to be installed on Shumway Street. Properties along Shumway Street that do not have sewer and water could extend these utilities from 2"d Avenue along the boulevard at a future date. Any service connections that are defective would be replaced from the main line to the property line. It would be the individual property owner's responsibility to replace the service line from the property line to the house. All service line replacement would be assessed to the benefiting property. It has been generally the City's Policy to replace the service line unless the service has been replaced recently with current standard pipe material. Any manholes that are not built to current standards would be reconstructed as part of this project. D. Watermain Discussions are currently being held with Shakopee Public Utilities Commission (SPUC) to determine the scope of watermain work that would be done as part of this project. The final plans will incorporate any watermain replacement work as requested by SPUC. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 5 of 10 SHAKOPEE OOMMUNTIY PRIDE SINCE us; SPUC's staff provided a list of areas for watermain replacement work and a cost estimate was proposed and included in the cost estimate. Since it is generally SPUC's policy to not assess watermain replacement, any watermain work which is requested by SPUC should not affect assessments. E. Storm Sewers Minor storm sewer replacement is necessary in order to reconstruct 3rd Avenue, from Shumway Street to Harrison Street and Harrison Street, from 3rd Avenue to Riverview Park. 3rd Avenue, from Harrison Street to C.R. 69 will need extension of storm sewer improvements. COST ESTIMATE A detailed cost estimate can be found in the Appendix. The following costs were prepared based upon an Engineer's Estimate and are subject to change, depending on the final design of the project, bids received, and actual work performed. A summary of the estimated costs, assessments, sanitary sewer, storm drainage, SPUC and tax levy for the project are as follows: 3rd AVENUE— Alternative No. 1 (Watermain) and Alternative No. 2 (Watermain) Project Cost $1,137,034.99 $1,227,210.54 Assessment $ 442,842.12 $ 53,017.67 Sanitary Sewer $ 75,806.50 $ 75,806.50 Storm Drainage $ 70,128.10 $ 70,128.10 Tax Levy $ 419,544.52 $ 419,554.52 SPUC $ 128,713.75 $ 128,713.75 HARRISON ST. Alternative No. 1 and Alternative No. 4 Project Cost $ 261,743.90 $ 115,167.94 Assessment $ 91,008.39 $ 32,713.32 Sanitary Sewer $ -0- $ -0- Storm Drainage $ 18,019.03 $ 3,921.33 Tax Levy $ 152,716.48 $ 78,533.29 SPUC $ -0- $ -0- City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 6 of 10 SHAKOPEE c«.a.+ucanr PRIDE SINCE ias, SHUMWAY STREET Project Cost $46,665.78 Assessment $11,666.44 Sanitary Sewer Fund $ -0- Storm Drainage $ -0- Tax Levy $34,999.34 Shakopee Public Utilities $ -0- TOTALS 3RD Avenue with Alternative No. 2 (water) $1,227,210.54 Harrison Street—Alternative No. 4 $ 261,743.91 Shumway Street $ 46,665.78 TOTAL $1,535,620.23 3rd Avenue with Alternative No. 2 (water) $1,227,210.54 Harrison Street—Alternative No. 4 $ 115,167.94 Shumway Street $ 46,665.78 TOTAL $1,389,044.26 FUNDING SOURCES & SPECIAL ASSESSMENTS Street Portion It is proposed to special assess 25% of the street reconstruction costs plus 100% of curb & gutter to those properties abutting the project based on front footage where no concrete curb & gutter existed previously. A complete assessment roll and assessment calculations for each street can be found in the Appendix. The remaining 75% of the street costs will be funded by the City through general tax levy. Sidewalks & Bike Trail No sidewalks are proposed. A bike trail from Riverview Park to 6th Avenue is proposed. The bike trail would be 100% funded by the City. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 7 of 10 SHAKOPEE COMMUNITY PRIDE SINCE 167 Sanitary Sewer & Water Service Lines Any existing sewer service connections that are found to be deficient and replaced will be assessed directly back to the benefited property. A separate sanitary sewer assessment roll covering any main line or service line assessments will be presented at the public hearing. Storm Sewers Storm sewer improvements on 3`d Avenue and Harrison Street will be minor catch basin additions or relocations. Those costs would be merged with street improvement costs. Storm sewer on 3`d Avenue west of Harrison Street involves storm sewer extension and catch basins and would be merged with street improvement costs and assessed at 25% with the remaining 75% of the cost paid by the Storm Drainage Utility Fund. Watermain Any proposed watermain improvements would be funded by Shakopee Public Utilities Commission. Sanitary Sewer Reconstruction of sanitary sewer improvements would be funded 100% by the Sanitary Sewer Enterprise Fund. Streets that receive new sanitary sewers would receive a 100%mainline sanitary sewer assessment. FUNDING COST BREAKDOWN Project Description: 3`d Avenue Watermain (Alternative No. 2), Harrison Street (Alternative No. 1) and Shumway Street. FUNDING SOURCE TOTAL COST Sanitary Sewer Enterprise $ 75,806.50 Storm Drainage Enterprise $ 88,147A3 Shakopee Public Utilities Commission $128,713.75 Assessments $635,692.53 Tax Levy $607,260.32 City of Shakopee Feasibility Report 2000 Reconstruction 11.11611 February 15,2000 Page 8 of 10 SHAKOPEE CaannanPR¢�l S� tw FUNDING COST BREAKDOWN Project Description: 3rd Avenue Watermain (Alternative No. 2), Harrison Street (Alternative No. 4) and Shumway Street. FUNDING SOURCE TOTAL COST Sanitary Sewer Enterprise $ 75,806.50 Storm Drainage Enterprise $ 75,227.63 Shakopee Public Utilities Commission $128,713.75 Assessments $577,397.45 Tax Levy $531,898.94 CONCLUSIONS All streets included in this report are extremely deteriorated and in need of reconstruction. The pavement is beyond any further preservation and requires higher than normal maintenance costs. The existing sanitary sewers and watermains identified for replacement should be replaced due to their condition and age. Property owners would be assessed for 25% of the street costs for a 7-ton roadway for residential property and a 9-ton for commercial and industrial property; 100% of curb & gutter, where no concrete curb & gutter existed previously; 100% of new lateral watermain and sanitary sewer; and 100% of replaced sanitary sewer services. This report concludes that the reconstruction of all streets is feasible, necessary and cost effective and recommends the improvements as stated in this report. City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 Page 9 of 10 SHAKOPEE conaeuNnY rime SiNce its/ APPENDIX Prior Street Reconstruction Project Location Map Existing Zoning Existing Sanitary Sewer Existing Storm Sewer Existing Watermain Harrison Street, Alternative No. 1 —4 Proposed Watermain Routing, Alternative No. 1 & 2 3rd Avenue— Shumway Street to C.R. 69 Cost Estimate Assessment Roll Harrison Street—3rd Avenue to 6th Avenue Cost Estimate Assessment Roll Shumway Street—2nd Avenue to 3`d Avenue Cost Estimate Assessment Roll 3rd Avenue & Harrison Street Traffic Counts Soil Borings Memo from Police Department City of Shakopee Feasibility Report—2000 Reconstruction February 15,2000 SHAKOPEE Page 10 of 10 c PRIDE ,p -z- --'--e- , ---.,;-is -- A31-€(15::1w a 11V211 ci- ! , tlil ' ------- ' cc ,-.-N ' L-H6g1fti t 3jN/:\VHS . ,-------- . .04- ) ----- --- -C-1 ,L ',ad iivi7j3savw s, i NOI03111- tx-' , _.. .__ _ _ Im LL3 v) _ ___ II I'lS inwmvHs ;,Zi .z.„ -- --- - -- -. ---- , , • ---tc'z RS ic_S >,i, 'Fe/, , ..' 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JIMIA .... ‘7.-- \ - , . • - ., .1 . ` data r • t AD : a nrAr2�A1� l • ' • fi c ,, ,..A � •• , „ e• j . . . / • , , , _ y •‘13 . .is is . 0_ --- -,---- ....,:_:- . 7 • .LASS 11 YkiTa\ ^I.. I `�+ j. . _ _ j 1 Wz , ' A I 1 cri . \.. , ., • _____. , , 11‘iii: .. ',11•, r Y I ry ... .. 1 . �K , a • 4D , i 1- _ \ $ i i \ - 1,1:. \ ' – ,I;1• — -. 1.1014SIONI-- ..,- Alir = U 01 1110111C 111"11 I.:. :2” 7 . . • f' .4t----7 1011.$ III *4 '' d. 011111 NM 9' ' • 1--- AINIIIIIIL H .441111,0111111111191 LJ 1 \ •• • N,(f,' , , r•r,•.. 1 \ \ \ I • .\ ` 10 141,\\.\\: to I .::‘,...\\\:::\:„., 1 ' 1 Oy, I , \ s\ 1 • 111.10 '‘ \ I. , . \ $^ I s^ ¢•'1.4 \ I a STREET CONSTRUCTION COST $ 237,718.53 7- STORM SEWER COST $ 24,025.38 - - _ _ _ , TOTAL COST ALT 1 $ 261,743.90 , e % •` �,J �� ii R f�£R vie y PARK Z ..;;;.7,. ` I ,// i, .illihilli 1 A - 1 0 1 6TH ��. I HARRISON ST. ALTERNATIVE 1 TOTAL RECONSTRUCT FROM 3RD AVE. TO 6TH AVE. 20141ii,N'IY?We Si 18857 36' WIDE WITH CURB AND GUTTER SCALE: 1"=200' �. ;TREET CONSTRUCTION COST $ 136,673.28 vj STORM SEWER COST $ 15,805.63 i 'OTAL COST ALT 2 $ 152,478.91 i' - fr:'i--- i . co. ,, : i egra a� ' O RIVfR v v Rk P� I lr/ 1 10' WIDE EMERGENCY i 1111111 l /7 VEHICLE ACCESS AND BIKE PATH i / / i /i - 6tx HARRISON ST, ALTERNATIVE 2 f 10111111111 TOTAL RECONSTRUCT FROM 3RD AVE. TO CUL DE SAC ‘S j - . :r .. ='_?:-4 36' WIDE WITH CURB AND GUTTER NZN REMAINDER OF STREET VACATED I SCALE: t"=200' • i STREET CONSTRUCTION COST $ 38,029.75 "'=% J - I STORM SEWER COST $ 6,799.38 TOTAL COST ALT 3 $ 44,829.13 i CA-(- . III1 /\ u----7 ) \\, _____, _: r, \ 2 , , , . RrvER , pARK / 1 rj'-- _ / _ II - , j i 1 I rAi l 1 REMAINDER ❑F STREET T❑ BE UNIMPROVED 1 I A 1 , ,4, , ' 1 6R II 1 I HARRISON ST. ALTERNATIVE 3 3 TOTAL RECONSTRUCT FROM 3RD AVE. TO 4TH AVE 36' WIDE WITH CURB AND GUTTTER SCALE: 1"=200' 77, _ , STREET CONSTRUCTION COST $ 108,368.56 no-_),-, ti STORM SEWER COST $ 6,799.38 TOTAL COST ALT 4 $ 115,167.94 co. 'Pik- 4i, r� 4i, ' /% , . 'rt' . '1 ... VfR vie y pAQK i ...).„, .." ) ,.„ ,/ amlimmiii . ,... , :::.,7,:„ 1 Al 6 ,4. . . L , 0 ' , - " - HARRISON ST. ALTERNATIVE 4 TOTAL RECONSTRUCT FROM 3RD AVE. TO 4TH AVE. 36' WIDE WITH CURB AND GUTTTER -_. rrYNIDES-7,j',7 OVERLAY EXISTING CONCRETE ROADWAY FROM :;Rfb1[:NGY NIDE STS i'+'ST 4TH AVE. TO 6TH AVE. SCALE: 1"=200' . ,--- -, a.: "....-- ... .... :,. _., . --' -.Z . . . , -,, TOTAL COST ALT 1 $ 91,365.98 ,, , . /411 ,....„ ‘39 ; 40- I co- 7,4„4,1sI . . ,.,, , 1-----, N . ., . 1 0 . r------- , --I L117::----1 „Z r---' i [---------1 L_____, 1 1____i L_______J / ,, 1 F---------, / -,-., ., ,,,, . . . . . . . f 111111Wil WATERvAI\ ALTER\ATIVE 1 SS "11112.7.:'.1 SCALE: 1"=200 •r., - -..-= .- . - , ... .... TOTAL COST ALT 2 $ 181,541.55 . . 1 ,- - ' . ---". • I .69 . o- 44111111111111111 /'' -''' / . - III:: . 1 \ c\'------J i 1 1 1------------, V P4 pir , , r"-------_, ir-j i a/ , i L_ __, . , , ,^ •:'.---`.,., \,) _ , • ....W..4'? Zillililli 1 ' 4S . 1 1 -0 f WATERvAI \ ALTER\ATIVE 2 CMVILIZIY AVE ,a:t 6 I SCALE: 1"=200' m m 4 ■ ■ _ q k / # ^ - - - -N 0 - .n is -v: Is in in ser. o ■ ■ co co _ _ _ V' Qin P. at al , , 4040 ® ® - co CO \ CO _\ 4, 4, 4, 4 41 41 es is. � � - CO _ _ _ q 00 40 CI UI q } \ / / \ 04 0 0 CO In1.1 III in e _ 4141 0 4 _ - - - - 4.9 0 LLJ Ill o o Ce o o m m % ei to 14 � _ _ R 0 . . C- - - 0 Q 0 - - - $ ix � 0 Co" CV 7m — _ _ _ _ 0404, © LU W_ _ _ __ LL ■ . e Occ R I- Q u) Ix u) 2 2 O 2 Q < LUre = 0 w - • ' � z 0 z> UJ > « a c4I 4 ) § UJ © § j j k } \ Z Ce -I fa o ILI 0 ®0 § § o o 6 < Lu \ x x LU U.x x 2 k § - p Z LL k 7 � _ . W § ) 0 2 2 k cc r « k § § 4 2 1- / k < § / 4 - § § 4 § } 0 . 0 , , ca w • u 4 « . . co R 2000 RECONSTRUCTION -FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STREET-SCHEDULE A 1 Mobilization LUMP SUM 1 $ 11,500.00 $ 11,500 00 2 Sawcut Bituminous Surface LIN FT 1020 $ 3 50 $ 3,570 00 3 Remove Concrete Curb&Gutter LIN FT 59 $ 3 00 $ 177 00 4 Adjust Exiting Gate Valve EACH 5 $ 250 00 $ 1,250 00 5 Adjust Exiting Manhole or Catch Basin Cashng EACH 27 $ 250 00 $ 6,750 00 6 Bituminous Removal(All Depths) SQ YD 13870 $ 1 00 $ 13,870 00 7 Common Excavation(P) CU YD 8850 $ 6 00 $ 53,100 00 8 Subgrade Excavation(LV) CU YD 200 $ 6 00 $ 1,200 00 9 Granular Borrow(LV) CU YD 0 $ 7 00 $ - 10 Class 5 Aggregate Base(100%Crushed Limestone, SQ YD 22715 $ 5 31 $ 120,616 65 10"Thick) 11 Type 31 Bituminous Base Course Mix,2'Thick SQ YD 20620 $ 3 52 $ 72,582 40 12 Type 41 Bituminous Wear Course Mix,2'Thick SQ YD 20620 $ 4 40 $ 90.728 00 13 Bituminous Matenal for Tack Coat GALLON 1031 $ 2 00 $ 2,062 00 14 Bituminous Dnveway,Includes Type 41A Bit (2 5" SQ YO 960 $ 16 00 $ 15,360 00 Thick)and Class 5(4"Thick) 15 Sodding Lawn Type,Includes 4"Topsoil SQ YD 4020 $ 3 25 $ 13,065 00 16 Silt Fence LIN FT 500 $ 2 00 $ 1,000 00 SUBTOTAL SCHEDULE Al $ 406,831.05 10%CONTINGNECIES 5 40,683.11 SUBTOTAL W/10%CONTINGENCIES $ 447,514.16 25%ADMINISTRATION AND LEGAL FEES $ 111,878.54 TOTAL SCHEDULE Al $ 559,392.69 1 8618 Concrete Curb and Gutter LIN FT 9192 $ 6 50 $ 59,748 00 SUBTOTAL SCHEDULE A2 $ 59,748.00 10%CONTINGNECIES 5 5,974.80 SUBTOTAL W/10%CONTINGENCIES 5 65,722.80 25%ADMINISTRATION AND LEGAL FEES $ 16,430.70 TOTAL SCHEDULE A2 $ 82,153.50 GRAND TOTAL Al+A2 $ 641,546.19 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION -FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STORM SEWER-SCHEDULE B 1 Connect to Existing Storm Sewer EACH 1 $ 800 00 $ 800 00 2 Remove Stone Sewer Pipe(All Sizes&Types) LIN FT 451 $ 8 00 $ 3,608 00 3 Remove Storm Sewer Structure EACH 2 $ 350 00 $ 700 00 4 Rock Excavation CU YD 100 $ 35 00 $ 3,500 00 5 12"RCP Class V UN FT 205 $ 23 00 S 4,715 00 6 18"RCP Class V LIN FT 322 $ 25 00 5 8,050 00 7 21"RCP Class III LIN FT 204 $ 27 00 5 5,508 00 8 24'RCP Class III LIN FT 148 $ 32 00 $ 4,736 00 9 27"RCP Class III LIN FT 231 $ 46 00 $ 10,626 00 10 30"RCP Class III LIN FT 87 $ 55 00 $ 4,785 00 11 Construct Beehive Drainage Structure EACH 2 $ 1,000 00 S 2,000 00 12 Construct Drainage Structure Design 2'x 3' EACH 6 $ 1,100 00 S 6,600 00 13 Construct Drainage Stn cture Design 48-4020 EACH 5 $ 1,500 00 S 7,500 00 14 Casting Assembly EACH 13 $ 375 00 S 4,875 00 SUBTOTAL SCHEDULE B S 68,003.00 10%CONTINGNECIES $ 6,800.30 SUBTOTAL W/10%CONTINGENCIES $ 74,803.30 25%ADMINISTRATION AND LEGAL FEES $ 18,700.83 TOTAL SCHEDULE B $ 93,504.13 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION -FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE -• • .• • I •-. •1 . •, 1 Connect to Existing Sanitary Sewer EACH 1 $ 800 00 $ 800 00 2 Remove Existing Sanitary Manhole EACH 6 $ 450 00 $ 2,700 00 3 Remove Existing Sanitary VCP Sewerpipe LIN FT 1000 $ 3 00 $ 3,000 00 4 Rock Excavation CU YD 250 $ 35 00 $ 8,750 00 5 Construct Sanitary Sewer Manhole EACH 4 $ 1,500 00 $ 6,000 00 6 10'PVC SDR 35 UN FT 1322 $ 25 00 $ 33,050 00 7 8 X 4 Sheet Insulation SO FT 416 $ 2 00 $ 832 00 SUBTOTAL SCHEDULE Cl $ 55,132.00 10%CONTINGNECIES $ 5,513.20 SUBTOTAL W/10%CONTINGENCIES $ 60,645.20 25%ADMINISTRATION AND LEGAL FEES $ 15,161.30 TOTAL SCHEDULE Cl $ 75,806.50 SANITARY SEWER-SCHEDULE C2(New Line on West EnW 1 Rock Excavation CU YD 750 $ 35 00 S 26,250 00 2 Construct Sanitary Sewer Manhole EACH 3 $ 1,500 00 S 4,500 00 3 10"PVC SDR 35 LIN FT 954 $ 25 00 S 23,850 00 SUBTOTAL SCHEDULE C2 $ 54,600.00 10%CONTINGNECIES $ 5,460.00 SUBTOTAL W/10%CONTINGENCIES $ 60,060.00 25%ADMINISTRATION AND LEGAL FEES $ 15,015.00 TOTAL SCHEDULE C2A $ 75,075.00 1 6"PVC SDR 26 LIN FT 120 S 20 00 S 2,400 00 SUBTOTAL SCHEDULE C2 $ 2,400.00 10%CONTINGNECIES $ 240.00 SUBTOTAL WI 10%CONTINGENCIES $ 2,640.00 25%ADMINISTRATION AND LEGAL FEES $ 660.00 TOTAL SCHEDULE C2B $ 3,300.00 GRAND TOTAL C2A+C2B $ 78,375.00 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION -FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE SANITARY SEWER-SCHEDULE C3(New Line West of Pierce St.) 1 Connect to Existing Sanitary Sewer EACH 1 $ 800 00 $ 800 00 2 Rock Excavation CU YD 200 S 35 00 S 7,000 00 3 Construct Sanitary Sewer Manhole EACH 1 $ 1,500 00 $ 1,500 00 4 8'PVC SDR 26 LIN FT 361 S 22 50 S 8,122 50 5 8 X 4 Sheet Insulation SQ FT 992 S 2 00 $ 1,984 00 SUBTOTAL SCHEDULE C3A $ 19,406.50 10%CONTINGNECIES $ 1,940.65 SUBTOTAL W/10%CONTINGENCIES $ 21,347.15 25%ADMINISTRATION AND LEGAL FEES $ 5,336.79 TOTAL SCHEDULE C3A $ 26,683.94 1 4'PVC SDR 26 LIN FT 42 $ 18 00 $ 756 00 SUBTOTAL SCHEDULE C3A $ 756.00 10%CONTINGNECIES $ 75.60 SUBTOTAL W/10%CONTINGENCIES $ 831.60 25%ADMINISTRATION AND LEGAL FEES $ 207.90 TOTAL SCHEDULE C3B $ 1,039.50 GRAND TOTAL C2A+C2B $ 27,723.44 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION - FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE WATERMAIN-SCHEDULE D ALT 1 1 Connect to Existing Waterman EACH 2 $ 450.00 S 900 00 2 Rock Excavation CU YD 50 S 35 00 $ 1,750 00 3 8"Water Main-Ductile Iron CI 52 LIN FT 1660 S 25 00 $ 41,500 00 4 8"Gate Valve and Box Assembly EACH 4 $ 800 00 S 3,200 00 5 Waterrnam Fittings POUNDS 1000 5 3 50 S 3,500 00 6 Hydrant EACH 2 5 1,625 00 $ 3,250 00 SUBTOTAL SCHEDULE DIA $ 54,100.00 10%CONTINGNECIES $ 5,410.00 SUBTOTAL W/10%CONTINGENCIES $ 59,510.00 25%ADMINISTRATION AND LEGAL FEES $ 14,877.50 TOTAL SCHEDULE DIA $ 74,387.50 1 6"Water Main-Ductile Iron CI 52 LIN FT 179 00 5 20 00 $ 3,580 00 2 6"Gate Valve and Box Assembly EACH 5 $ 600 00 S 3,000 00 SUBTOTAL SCHEDULE DIB $ 8,580.00 10%CONTINGNECIES $ 658.00 SUBTOTAL W/10%CONTINGENCIES $ 7,238.00 25%ADMINISTRATION AND LEGAL FEES $ 1,809.50 TOTAL SCHEDULE D1 B $ 9,047.50 1 Waterman Trunk Charge ACRE 10 26 S 773 00 $ 7,930 98 GRAND TOTAL DIA+DIB+Trunk Charge $ 91,365.98 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION -FEASIBILITY 3RD AVE. FROM CO. RD. 69 TO SHUMWAY ST. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE WATERMAIN-SCHEDULE D ALT 2 1 Connect to Existing Watermain EACH 2 $ 450 00 $ 900 00 2 Rock Excavation CU YD 1000 $ 35 00 $ 35,000 00 3 8"Water Main-Ductile Iron CI 52 LIN FT 2575 $ 25 00 $ 64,375 00 4 8"Gate Valve and Box Assembly EACH 6 $ 800 00 $ 4,800 00 5 Watermain Fittings POUNDS 2000 $ 3 50 $ 7,000 00 6 Hydrant EACH 4 $ 1,625 00 $ 6,500 00 SUBTOTAL SCHEDULE D2A $ 118,575.00 10%CONTINGNECIES $ 11,857.50 SUBTOTAL W/10%CONTINGENCIES $ 130,432.50 25%ADMINISTRATION AND LEGAL FEES $ 32,608.13 TOTAL SCHEDULE D2A $ 163,040.63 1 6'Water Main-Ductile Iron CI 52 LIN FT 100 00 $ 20 00 $ 2,000 00 2 6"Gate Valve and Box Assembly EACH 5 $ 600 00 S 3,000 00 SUBTOTAL SCHEDULE D2B $ 5,000.00 10%CONTINGNECIES $ 500.00 SUBTOTAL W/10%CONTINGENCIES $ 5,500.00 25%ADMINISTRATION AND LEGAL FEES $ 1,375.00 TOTAL SCHEDULE D2B $ 6,875.00 1 Watermain Trunk Charge ACRE 15 04 $ 773 00 $ 11,625 92 GRAND TOTAL D2A+D2B+Trunk Charge $ 181,541.55 2000 RECON-FEASIBILTY 2000 RECONSTRUCTION - FEASIBILITY WATERMAIN REPLACEMENT ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 10 Remove Existing Watermain(All Sizes&Types) LIN.FT. 1080 $ 5.00 $ 5,400.00 4 Remove&Salvage Existing Hydrant&Replace With EACH 4 $ 3,200.00 $ 12,800.00 New Hydrant 4 Remove Existing Gate Valve Manhole&Replace With EACH 5 $ 2,500.00 $ 12,500.00 Standard Gate Valve&Box 4 Remove&Salvage Existing Hydrant EACH 2 $ 800.00 $ 1,600.00 3 Connect to Existing Watermain EACH 5 $ 600.00 $ 3,000.00 5 Rock Excavation CU.YD. 300 $ 35.00 $ 10,500.00 10 6"Water Main-Ductile Iron CI 52 LIN.FT. 330 $ 22.00 $ 7,260.00 10 8"Water Main-Ductile Iron CI 52 LIN.FT. 800 $ 25.00 $ 20,000.00 14 Install New Hydrant(Watermain Replacement Areas) EACH 3 $ 2,000.00 $ 6,000.00 12 6"Gate Valve and Box Assembly EACH 3 $ 600.00 $ 1,800.00 13 8"Gate Valve and Box Assembly EACH 5 $ 800.00 $ 4,000.00 15 Watermain Fittings POUND 2500 $ 3.50 $ 8,750.00 SUBTOTAL 4TH STREET WATERMAIN $ 93,610.00 10%CONTINGNECIES $ 9,361.00 SUBTOTAL W/10%CONTINGENCIES $ 102,971.00 25%ADMINISTRATION AND LEGAL FEES $ 25,742.75 TOTAL REPLACEMENT WATERMAIN $ 128,713.75 CHANGE ITEMS IN THIS TABLE FIRST. THIS WILL ADJUST SECTION TABLE ITEMS, UNITS AND COSTS USE KNOWN COSTS FOR SPECIFIC ITEMS WITH THERE APPROPRIATE UNITS AND DEPTHS CALCULATIONS FOR SECTION TABLES COST PER KNOWN DEPTH OF KNOWN COST PER BASE ITEM NO ITEM UNIT UNITS ITEM(IF APPLICABLE) UNIT BASE UNITS 1 COMMON EXCAVATION "$ 600 CU YD $ 000 CU YD 2 SUBGRADE EXCAVATION $ 600 CU VD $ 600 CU YD 3 GRANULAR BORROW $ 700 CU YO $ 700 CU YD 4 CL5AGG 100%CRUSHED $ 425 SOYD 600" $ 053 SOYD INCH 5 TYPE 31 BITUMINOUS $ 4 40 SO YD 250" $ 1 76 SO YD INCH 6 TYPE 41 BITUMINOUS $ 330 SOYD 150" $ 220 SOYD INCH 2000 RECONSTRUCTION 3RD AVENUE FROM CO RD 69 TO SUMWAY 7 TON ROAD DESIGN COST COMPARISON TABLE STREET SECTION USED FOR CALCULATING:41 WEAR 1.50"GE CALCULATIONS. 41 WEAR(2.25"r) 2.25 3.36" 31 BASE 2.00" 31 BASE(2.00"P) 2.00 4.00" CL 5 AGG. 5.00" CL 5 AGG.(1.00"P) 1.00 8.00" GRAN BOR 0.00" GRAN BOR(0.50"P) 0.50 0.00" SECTION DEPTH= 11.50" TOTAL GE= 1538" MIN REQUIRED GE= 15.00" DEPTH QUANTITY COST PER ITEM NO ITEM SO FT SO YD (INCHES) COST PER BASE UNIT BASE UNITS CALCULATIONS UNITS UNIT COST CALCUALTION 1 COMMON EXCAVATION 166800 2075556 11 50" $ 600 CU YD 663025 CU VD $ 600 $ 39,761 50 2 SUBGRADE EXCAVATION 186800 20755 58 000" 5 600 CU VO0 CU YD $ 600 5 3 GRANULAR BORROW 166600 2075556 000" 5 700 CUYO0 CU YD $ 700 $ - 4 CL5AGG 100%CRUSHED 186600 2075556 800' $ 053 SC)YD INCH 2075556 SOYD $ 425 5 56.21113 5 TYPE 31 BITUMINOUS 166230 16692 22 200' 5 1 76 SO VD INCH 16692 22 " SO YD 5 3 52 5 65,796 61 6 TYPE 41 BITUMINOUS 168230 18892 22 150' 5 2 20 SO VD INCH 16692 22 SO VD $ 3 30 $ 61,654 33 TOTAL COST= 5 255,473.57 9 TON ROAD DESIGN COST COMPARISON TABLE-OPTION 1 STREET SECTION USED FOR CALCULATING.41 WEAR 2.00"GE CALCULATIONS: 41 WEAR(2.25"P) 2.25 4.50" 31 BASE 2.00" 31 BASE(2.00"I") 2.00 4.00" CL 5 AGG. 10.00" CL 5 AGG.(1.00"P) 1.00 10.00" GRAN BOR 0 00" GRAN BOR(0.50"r) 0.50 0.00" SECTION DEPTH= 14.00" TOTAL GE= 18.50" MIN REQUIRED GE= 18.00" DEPTH QUANTITY COST PER ITEM NO ITEM SO FT SO VO (INCHES) COST PER BASE UNIT BASE UNITS CALCULATIONS UNITS UNIT COST CALCUALTION 1 COMMON EXCAVATION 186600 20755 56 1400" 5 600 CU TO 0071 6 CU YD 5 600 $ 46.429 60 2 SUBGRADE EXCAVATION 158600 20755 56 000' 5 600 CU YO 0 CU YD $ 800 $ 3 GRANULAR BORROW 186800 2075558 000" 5 700 CUYO0 CUYO ,$ 700 $ - 4 CL5AGG 100%CRUSHED 156800 2075556 1000" $ 053 SO VD INCH 2075556 Km 5 531 $ 11021202 5 TYPE 31 BITUMINOUS 188230 18692 22 2 00' 5 176 SO VD INCH 16692 22 50 V0 $ 3 52 $ 65,796 61 6 TYPE 41 BITUMINOUS 168230 10692 22 2 00" 5 2 20 SO YD INCH 16692 22 SO YD 5 440 $ 42.245 77 TOTAL COST= $ 306,684.01 9 TON ROAD DESIGN COST COMPARISON TABLE•OPTION 2 STREET SECTION USED FOR CALCULATING:41 WEAR 2.00'GE CALCULATIONS: 41 WEAR(2.25"P") 2.25 4.50" 31 BASE 2.00' 31 BASE(2.00"I") 2.00 4.00" CL 5 AGG. 9.00' CL 5 AGG.(1.00-P') 1.00 9.00" GRAN BOR 2.00" GRAN BOR(0.50"P1 0.50 t.00" SECTION DEPTH- 15.00" TOTAL GE- 1150" MIN REQUIRED GE- 1100" DEPTH QUANTITY COST PER ITEM NO ITEM SO FT SO YD (INCHES) COST PER BASE UNIT BASE UNITS CALCULATIONS UNITS UNIT COST CALCUALTION 1 COMMON EXCAVATION 166600 20755 56 , 1500" S 600 CU YO 6646 15 CU YD $ 600 $ 51,668 90 2 SUBGRADE EXCAVATION 166600 20755 56 000' $ 6 00 CU YO 0 CU YD $ 6 00 $ - 3 GRANULAR BORROW 166600 20755 56 200' $ 700 CU YD 1153 09 CU VD $ 700 $ 6,071 63 4 CL5AGG 100%CRUSHED 166600 2075556 900' $ 053 SO TO INCH 2075556 SO YD S 476 $ 99,21156 5 TYPE 31 BITUMINOUS 166230 16692 22 2 00' $ 1 76 SO YD INCH 16692 22 SO YD $ 3 52 $ 65,796 61 6 TYPE 41 BITUMINOUS 160230 16692 22 2 00' $ 2 20 SO YD INCH 16692 22 SQ YO $ 440 $ 62.245 77 TOTAL COST= S 307,214.49 9 TON ROAD DESIGN COST COMPARISON TABLE•OPTION 3 STREET SECTION USED FOR CALCULATING.41 WEAR 2.00"GE CALCULATIONS: 41 WEAR(2.257") 2.25 4.50" 31 BASE 2.00" 31 BASE(2.00"P) 2.00 4.00" CL 5 AGG. 6.00' CL 5 AGG.(1.00"P) 1.00 6.00" GRAN BOR 4.00' GRAN BOR 10.50")") 0.50 2.00" SECTION DEPTH= 16.00' TOTAL GE- 16.50" MIN REQUIRED GE- 16.00" DEPTH QUANTITY COST PER ITEM NO ITEM SO FT SO TO (INCHES1 COST PER BASE UNIT BASE UNITS CALCULATIONS UNITS UNIT COST CALCUALTION 1 COMMON EXCAVATION 166600 20755 56 16 00" $ 6 00 CU YD 9224 69 CU TO $ 6 00 $ 55,348 14 2 SUBGRADE EXCAVATION 166600 20755 56 0 00' $ 600 CU YO0 CU YO $ 6 00 $ 3 GRANULAR BORROW 166600 20755 56 4 CO' $ 7 00 CU YD 2306 17 CU TO $ 700 $ 16,143 19 4 CL5AGG 100%CRUSHED 166900 2075556 600' $ 053 SO YD INCH 2075556 30YO $ 425 $ 6821113 5 TYPE 31 BITUMINOUS 166230 19692 22 2 00' $ 1 76 SO YD INCH 16692 22 SO TO $ 3 52 S 65,796 61 6 TYPE 41 BITUMINOUS 166230 1669222 200" $ 220 5070 INCH 1669222 SO YD $ 440 $ 62,24577 TOTAL COST= S 307,744.84 • ALTERNATIVE 1 HARRISON ST. FROM 3RD AVE. TO 6TH AVE. STREET-SCHEDULE A 1 Mobilization LUMP SUM 1 $ 5,000 00 $ 5,000 00 2 Cleanng and Grubbing LUMP SUM 1 $ 1,000 00 $ 1,000 00 3 Sawcut Bituminous Surface UN FT 120 $ 350 $ 420 00 4 Bituminous Removal(All Depths) SQ YD 615 $ 1 00 $ 615.00 5 Remove Concrete Roadway SQ FT 35175 $ 1 00 $ 35,175 00 6 Common Excavation(P) CU YD 2720 $ 6 00 $ 16,320 00 7 Subgrade Excavation(LV) CU YD 100 $ 6 00 $ 600 00 8 Granular Borrow(LV) CU VD 0 $ 7 00 $ - 9 Class 5 Aggregate Base(100%Crushed Limestone.8" SQ YD 8175 $ 4 25 $ 34,743 75 Thick) 10 Type 31 Bituminous Base Course Mix,2"Thick SQ YD 7310 $ 3 52 $ 25,731 20 11 Type 41 Bituminous Wear Course Mix.1 112"Thick SQ YD 7310 $ 3 30 $ 24,123 00 12 Bituminous Matenal for Tack Coat GALLON 366 $ 2 00 $ 732 00 13 Sodding Lawn Type,Includes 4"Topsoil SQ YD 1055 $ 3 25 $ 3,428 75 14 Silt Fence LIN FT 100 $ 2 00 $ 200 00 SUBTOTAL SCHEDULE Al $ 148,088.70 10%CONTINGNECIES $ 14,808.87 SUBTOTAL W/10%CONTINGENCIES $ 162,897.57 25%ADMINISTRATION AND LEGAL FEES $ 40,724.39 TOTAL SCHEDULE Al $ 203,621.96 1 B618 Concrete Curb and Gutter LIN FT 3815 $ 6 50 S 24,797 50 SUBTOTAL SCHEDULE A2 $ 24,797.50 10%CONTINGNECIES $ 2,479.75 SUBTOTAL W/10%CONTINGENCIES $ 27,277.25 25%ADMINISTRATION AND LEGAL FEES $ 6,819.31 TOTAL SCHEDULE A2 $ 34,096.56 GRAND TOTAL Al+A2 $ 237,718.53 2000 RECON-FEASIBILITY ALTERNATIVE 1 HARRISON ST. FROM 3RD AVE.TO 6TH AVE. STORM SEWER-SCHEDULE B 1 Connect to Existing Storm Sewer EACH 3 $ 800.00 S 2,400 00 2 Rock Excavation CU YD. 50 $ 35 00 S 1,750 00 3 1r RAP Class V LIN.FT 76 S 23 00 $ 1,748 00 4 Construct Drainage Structure Design 2'x 3' EACH 2 S 1,100 00 S 2,200 00 5 Construct Drainage Structure Design 48-4020 Over EACH 3 $ 2,500 00 $ 7,500 00 Existing Storm Sewer 6 Casting Assembly EACH 5 S 37500 S 1,875 00 SUBTOTAL SCHEDULE B $ 17,473.00 10%CONTINGNECIES $ 1,747.30 SUBTOTAL W/10%CONTINGENCIES $ 19,220.30 25%ADMINISTRATION AND LEGAL FEES $ 4,805.08 TOTAL SCHEDULE B $ 24,025.38 2000 RECON-FEASIBILITY ALTERNATIVE 2 HARRISON ST.FROM 3RD AVE.TO CUL-DE-SAC ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STREET-SCHEDULE A 1 Mobilization LUMP SUM1 5 2.50000 5 2,50000 2 Clearing and Grubbing LUMP SUM1 5 1,00000 S 1,00000 3 Sawcot Bauminoua Surface LIN FT 120 5 350 S 42000 4 Bituminous Removal(Au Depths) SO VD 815 S 1 00 5 61500 5 Remove Concrete Roadway SO.FT 25400 S 1 00 5 25.400 00 8 Common Excavation(P) CU VD 1300 S 600 5 7,600 00 7 Subgrade Excavation(LV) CU VD 100 $ 600 5 600 00 6 Granular Bonow(LV) CU VD 0 5 700 5 9 Gass 5 Aggregate Base(100%Crushed Limestone,6' S¢VD 3850 S 4 25 5 16,362 50 Thick) 10 Type 31 Bituminous Baas Course Mot'Thick SO VD 3500 S 3 52 5 12.320 00 11 Type 41 Bituminous Wear Course Ma.1 12'Thick SO VD 3500 5 3 30 5 11 550 00 12 Bituminous Material for Tack Coal GALLON 175 5 200 5 350 00 13 Sodding Lawn Type.Includes 4'Topsoil SO VD 950 5 3 25 S 3 057 50 14 Silt Fence LIN FT 100 5 200 5 20000 SUBTOTAL SCHEDULE Al $ 82,205.00 10%CONTINGNECIES $ 8,220.50 SUBTOTAL W/10%CONTINGENCIES $ 90,425.50 25%ADMINISTRATION AND LEGAL FEES $ 22,606.38 TOTAL SCHEDULE Al S 113,031.88 1 5616 Concrete Curb and Gutter LIN FT 1675 5 850 5 10,667 50 SUBTOTAL SCHEDULE A2 S 10,687.50 10%CONTINGNECIES $ 1,088.75 SUBTOTAL W/10%CONTINGENCIES $ 11,976.25 25%ADMINISTRATION AND LEGAL FEES S 2,994 06 TOTAL SCHEDULE A2 $ 14,970.31 1 Bituminous&kepath.Includes Type 41A Bit(2'Thick) SO VD 1075 5 440 S 4 730 00 2 &luminous Material for Tack Coal GALLON 54 5 200 5 106 00 3 Sodding Lavin Type.Includes 4'Topsoil SO.VD 485 $ 3 25 S 1 576 25 SUBTOTAL SCHEDULE A3 $ 8,306.25 10%CONTINGNECIES $ 830.63 SUBTOTAL W/10%CONTINGENCIES $ 8,936.88 25%ADMINISTRATION AND LEGAL FEES $ 1,734,22 TOTAL SCHEDULE A3 S 8,671.09 GRAND TOTAL Al+A2+A3 $ 136,673.28 ALTERNATIVE 2 HARRISON ST.FROM 3RD AVE.TO CUL-DE-SAC STORM SEWER-SCHEDULE 1 Connect to Existing Skim Sevw EACH 2 S 51000 5 1,600 00 2 Rock Excavatan CU VD 50 S 3500 S 1,75000 3 12-RCP C1au V LIN FT 40 S 2300 S 52000 4 Construct Drainage Structure Design 2'x 3' EACH1 S 1,10000 S 1.10000 5 Construct Drainage Structure Design 464020 Over EACH 2 S 2.50000 S 5.000 00 Ew.t ng Sloan Sewer 6 Casting Assembly EACH 3 S 375 CO S 1,12500 SUBTOTAL SCHEDULE B $ 11,495.00 10%CONTINGNECIES $ 1.149.50 SUBTOTAL W/10%CONTINGENCIES $ 12,644.50 25%ADMINISTRATION AND LEGAL FEES $ 3,161.13 TOTAL SCHEDULE B $ 15,805.63 ALTERNATIVE 3 HARRISON ST. FROM 3RD AVE. TO 4TH AVE. IITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STREET-SCHEDULE A 1 Mobilization LUMP SUM 1 $ 500.00 $ 500.00 2 Sawcut Bituminous Surface LIN.FT. 34 $ 3 50 $ 119 00 3 Bituminous Removal(All Depths) SQ YD 425 $ 1.00 $ 425.00 4 Remove Concrete Roadway SQ.FT. 5500 $ 1.00 $ 5,500.00 5 Common Excavation(P) CU YD 300 $ 6 00 $ 1,800.00 6 Subgrade Excavation(LV) CU YD. 50 $ 6 00 $ 300 00 7 Granular Borrow(LV) CU.YD. 0 $ 7 00 $ - 8 Class 5 Aggregate Base(100%Crushed Limestone,8" SQ YD 1350 $ 4 25 $ 5,737 50 Thick) 9 Type 31 Bituminous Base Course Mix 2"Thick SQ YD 1200 $ 3 52 $ 4,224 00 10 Type 41 Bituminous Wear Course Mix,1 1/2"Thick SQ YD 1200 $ 3 30 $ 3,960 00 11 Bituminous Material for Tack Coat GALLON 60 $ 2 00 $ 120 00 - 12 Sodding Lawn Type,Includes 4"Topsoil SQ.YD 360 $ 3 25 $ 1,170 00 SUBTOTAL SCHEDULE Al $ 23,855.50 10%CONTINGNECIES $ 2,385.55 SUBTOTAL W/10%CONTINGENCIES $ 26,241.05 25%ADMINISTRATION AND LEGAL FEES $ 6,560.26 TOTAL SCHEDULE Al $ 32,801.31 1 B618 Concrete Curb and Gutter LIN FT. 585 $ 6.50 $ 3,802 50 SUBTOTAL SCHEDULE A2 $ 3,802.50 10%CONTINGNECIES $ 380.25 SUBTOTAL W/10%CONTINGENCIES $ 4,182.75 25%ADMINISTRATION AND LEGAL FEES $ 1,045.69 TOTAL SCHEDULE A2 $ 5,228.44 GRAND TOTAL Al+A2 $ 38,029.75 ALTERNATIVE 3 HARRISON ST. FROM 3RD AVE. TO 4TH AVE. STORM SEWER-SCHEDULE B 1 Connect to Existing Storm Sewer EACH 1 $ 800 00 $ 800.00 2 Rock Excavation CU.YD. 50 $ 35.00 $ 1,750.00 3 1r RCP Class V LIN.FT 40 $ 23.00 $ 920.00 4 Construct Drainage Structure Design 2'x 3' EACH 1 $ 1,100 00 $ 1,100 00 5 Casting Assembly EACH 1 $ 375.00 $ 375.00 SUBTOTAL SCHEDULE B $ 4,945.00 10%CONTINGNECIES $ 494.50 SUBTOTAL W/10%CONTINGENCIES $ 5,439.50 25%ADMINISTRATION AND LEGAL FEES $ 1,359.88 TOTAL SCHEDULE B $ 6,799.38 ALTERNATIVE 4 (RECONSTRUCT/OVERLAY) HARRISON ST. FROM 3RD AVE. TO 6TH AVE. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STREET-SCHEDULE A i 1 Mobilization LUMP SUM 1 $ 1,300 00 $ 1,300 00 2 Sawcut Bituminous Surface LIN.FT. 120 $ 3 50 $ 420.00 3 Bituminous Removal(All Depths) SQ YD. 615 $ 1.00 $ 615.00 4 Remove Concrete Roadway SQ FT. 5500 $ 1.00 $ 5,500 00 5 Crack Concrete Roadway(30,000 S F) LUMP SUM 1 $ 5,000 00 $ 5,000 00 6 Common Excavation(P) CU YD 300 $ 6 00 $ 1,800.00 7 Subgrade Excavation(LV) CU YD 50 $ 6 00 $ 300 00 8 Granular Borrow(LV) CU.YD 0 $ 7 00 $ - 9 Concrete Roadway Preparation(see Specs) SQ.YD 3400 $ 2 50 $ 8,500 00 10 Class 5 Aggregate Base(100%Crushed Limestone,8" SQ YD 2500 $ 4 25 $ 10,625.00 Thick) 11 Type 31 Bituminous Base Course Mix 2"Thick SQ YD 4800 $ 3 52 $ 16,896 00 12 Type 41 Bituminous Wear Course Mix,1 1/2"Thick SQ YD 1200 $ 3.30 $ 3,960 00 13 Type 41 Bituminous Wear Course Mix,2"Thick SQ YD 3600 $ 4 40 $ 15,840 00 14 Bituminous Matenal for Tack Coat GALLON 240 $ 2 00 $ 480 00 15 Sodding Lawn Type,Includes 4"Topsoil SQ.YD 1100 $ 3 25 $ 3,575 00 16 Silt Fence LIN FT 100 $ 2 00 $ 200 00 SUBTOTAL SCHEDULE Al $ 75,011.00 10%CONTINGNECIES $ 7,501.10 SUBTOTAL W/10%CONTINGENCIES $ 82,512.10 25%ADMINISTRATION AND LEGAL FEES $ 20,628.03 TOTAL SCHEDULE Al $ 103,140.13 1 B618 Concrete Curb and Gutter LIN FT 585 $ 6 50 $ 3,802 50 SUBTOTAL SCHEDULE A2 $ 3,802.50 10%CONTINGNECIES $ 380.25 SUBTOTAL W/10%CONTINGENCIES $ 4,182.75 25%ADMINISTRATION AND LEGAL FEES $ 1,045.69 TOTAL SCHEDULE A2 $ 5,228.44 GRAND TOTAL Al+A2 $ 108,368.56 ALTERNATIVE 4 (RECONSTRUCT/OVERLAY) HARRISON ST. FROM 3RD AVE. TO 6TH AVE. STORM SEWER-SCHEDULE B 1 Connect to Existing Storm Sewer EACH 1 $ 800 00 $ 800 00 2 Rock Excavation CU.YD 50 $ 35 00 $ 1,750 00 3 12"RCP Class V UN.FT. 40 $ 23.00 $ 920.00 4 Construct Drainage Structure Design 2'x 3' EACH 1 $ 1,100.00 $ 1,100 00 5 Casting Assembly EACH 1 $ 375 00 $ 375 00 SUBTOTAL SCHEDULE B $ 4,945.00 10%CONTINGNECIES $ 494.50 SUBTOTAL W/10%CONTINGENCIES $ 5,439.50 25%ADMINISTRATION AND LEGAL FEES $ 1,359.88 TOTAL SCHEDULE B $ 6,799.38 2000 RECONSTRUCTION - FEASIBILITY SHUMWAY ST. FROM 2ND AVE. TO 3RD AVE. ITEM UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE STREET-SCHEDULE A 1 Mobilization LUMP SUM 1 S 1,10000 $ 1,100.00 2 Sawcut Bituminous Surface LIN.FT. 160 $ 3 50 $ 560.00 3 Remove Concrete Curb&Gutter LIN FT. 635 $ 3 00 $ 1,905.00 4 Adjust Exiting Manhole or Catch Basin Casting EACH 2 $ 250 00 $ 500 00 5 Bituminous Removal(All Depths) SQ.YD 1525 5 1.00 $ 1,525.00 6 Common Excavation(P) CU.YD 560 S 6 00 $ 3,360 00 7 Subgrade Excavation(LV) CU.YD 200 $ 6.00 $ 1,200 00 8 Granular Borrow(LV) CU YD 0 $ 7 00 $ - 9 Class 5 Aggregate Base(100%Crushed Limestone,8" SO.YD. 1675 $ 4 25 5 7,118 75 Thick) 10 Type 31 Bituminous Base Course Mix,2"Thick SQ.YD. 1525 $ 3 52 $ 5,368 00 11 Type 41 Bituminous Wear Course Mix,1 1/2"Thick SQ YD 1525 $ 3.30 $ 5,032 50 12 Bituminous Material for Tack Coat GALLON 77 $ 2.00 $ 154 00 13 B618 Concrete Curb and Gutter UN FT. 655 $ 6.50 $ 4,257.50 14 Bituminous Dnveway(Includes 2"Type 41A Bituminous SQ.YD 43 $ 16.00 $ 688 00 Wear Course&4"Class 5 Aggregate 100%Crushed Limestone) 15 Sodding Lawn Type,Includes 4"Topsoil SQ.YD. 360 $ 3 25 $ 1,170.00 SUBTOTAL SCHEDULE A $ 33,938.75 10%CONTINGNECIES $ 3,393.88 SUBTOTAL W/10%CONTINGENCIES $ 37,332.63 25%ADMINISTRATION AND LEGAL FEES $ 9,333.16 TOTAL SCHEDULE A $ 46,665.78 2000 RECON-FEASIBILITY r v N No�m TN vN I v N b b i ; 6vN b bObOYb_ b D o o 1`; i ;Tm illx5: mH aN n6h1 n> > gmi r zp WmFg <1,9 > yTImYca aof n 9 mZ > pmm m< mr 2F #z75 ' 6p5 p i5!;mmc P P ; n czEzWt N w N1 o >L5J ii wA$"i8i rW 8i rm " . � Nirempw Qw m Ap,' mi � A 1 • r oOZL8 r 1�A • P N y > •� O 2 p 2 O g • O Z O O O P H 2 r r0 Z 9 Q - V y I F m '�" Nm n F m P p m o p o v 3 o z o �, o f 'C §= ! i N F T N H y m O m . 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AuoNaW i& m gm '4N N r z ti:A o -9,N v= N .y fi '4§; 1 G ^' IIs W 4 m i "ii = F 8 E < Q. ` ;1 :,'E E ` �= y E 11, O'i N i 2-1 -1 i 8 5 i 3 8 8 8 8 ft 8888 8888 8885888 ii , 1111111 1111111 IllillillilliiIl S !S 8 8 8 +i A *it loll Os � III 11E11111111111 1 lilillilIl er r V y3 , . r 11111111111 ! iElIIIIIIE" I 111111111111 rj 8 8 1 W 8 Scott County Highway Department 1999 Traffic Counts Location : 3rd Avenue East Harrison Site: 199911190000 I :ction : East and Westbound Traffic Date: 11/15/99 ( nter : 5 Direction I val Mon Tue Wed Thu Fri Sat Sun Weekday Week E 'n 11/15 11/16 11/17 11/18 11/19 11/20 11/21 Avg Avg - * * 5 4 * 4 4 :1:00 * * * 2 2 * * 2 2 * * * 3 5 * * 4 4 2:00 3:00 * * * 3 4 * * 3 3 4:00 *:00 * * 14 12 * * 13 13 5 * * * 18 24 * * 21 21 6:00 * * * 44 31 * * 37 37 7:00 67 67 * * * 66 61 * * 63 63 8:00 * * * 86 49 9:00 * * * 26 60 * * 43 43 10:00 * * * 57 46 * * 51 51 11:00 * * * 60 60 * * 60 60 2:PM * * * 68 60 * * 64 64 * * 72 46 * * * 59 59 1:00 * * 55 63 * * * 59 59 2:00 * * 60 79 * * * 69 69 3:00 * * 70 86 * * * 4:00 78 78 * * 42 62 * * 52 52 5:00 * * 36 40 * * * 38 38 6:00 * * 24 26 * * * 25 25 7:00 * * 17 20 * * * 18 18 8:00 * * 15 16 * * * 15 15 9:00 * * 16 26 * * * 21 21 11:00 * * 10:0011 8 * * * 9 9 lbtals 0 0 418 924 418 0 875 875 * * * 8:00 7:00 * * 8:00 8:00 Peak N,olume * * 86 61 * * 67 67 Peak * * 1:00 4:00 12:00 * * 4:00 4:00 * * 72 86 60 * 78 78 lume Page: I )ata Hie. 19991119 Scott County Highway Department 1999 Traffic Counts Location : Harrison South of 3rd Avenue Site: 199911210000 I action :North and Southbound Traffic Date: 11/15/99 C utter : 12 Direction I rval Mon Tue Wed Thu Fri Sat Sun Weekday Week 1 in 11/15 11/16 11/17 11/18 11/19 11/20 11/21 Avg Avg _2:AM * ` J 4 * * 3 3 1:00 * * * 0 1 * * 0 0 2:00 * * * 2 0 * * 1 1 3:00 * * * 1 1 * * 1 1 4:00 * * * 4 4 * * 4 4 5:00 * * * 3 3 * * 3 3 6:00 * * * 5 6 * * 5 5 7:00 * * * 9 12 * * 10 10 8:00 * * * 10 8 * * 9 9 9:00 * * * 6 10 * * 8 8 10:00 * * * 10 8 * * 9 9 11:00 * * * 10 13 * * 11 11 12:PM * * * 10 12 * * 11 11 1:00 * * 10 9 * * * 9 9 2:00 * * 17 24 * * * 20 20 3:00 * * 21 18 * * * 19 19 4:00 * * 12 20 * * * 16 16 5:00 * * 14 21 * * * 17 17 6:00 * * 11 12 * * * 11 11 7:00 * * 9 8 * * * 8 8 8:00 * * 4 7 * * * 5 5 9:00 * * 7 6 * * * 6 6 10:00 * * 2 4 * * * 3 3 11:00 * * 2 1 * * * 1 1 I otals 0 0 109 20.3 82 0 0 190 190 4 Peak * * * 8:00 11:00 * * 11:00 11:00 .Jlume * * * 10 13 * * 11 11 1 Peak * * 3:00 2:00 12:00 * * 2:00 2:00 lume * * 21 24 12 * * 20 20 rage: 1 Data Hie: 19991111 Scott County Highway Department 1999 Traffic Counts Location : Harrison MidBlock Site: 199911200000 I ection : North and Southbound Traffic Date: 11/15/99 ( inter : 14 Direction I rval Mon Tue Wed Thu Fri Sat Sun Weekday Week 1 ;in 11/15 11/16 11/17 11/18 11/19 11/20 11/21 Avg Avg - , : * 0 1 * * U 0 1:00 * * * 0 0 * * 0 0 2:00 * * * 0 0 * * 0 0 3:00 * * * 1 2 * * 1 1 4:00 * * * 2 1 * * 1 1 5:00 * * * 2 4 * * 3 3 6:00 * * * 2 4 * * 3 3 7:00 * * * 9 12 * * 10 10 8:00 * * * 4 6 * * 5 5 9:00 * * * 3 3 * * 3 3 10:00 * * * 5 7 * * 6 6 11:00 * * * 12 8 * * 10 10 12:PM * * * 5 6 * * 5 5 1:00 * * 8 6 * * * 7 7 2:00 * * 3 14 * * * 8 8 3:00 * * 12 10 * * * 11 11 4:00 * * 14 15 * * * 14 14 5:00 * * 13 14 * * * 13 13 6:00 * * 11 8 * * * 9 9 7:00 * * 9 3 * * * 6 6 8:00 * * 3 4 * * * 3 3 9:00 * * 4 7 * * * 5 5 10:00 * * 2 1 * * * 1 1 11:00 * * 0 0 * * * 0 0 l otals 0 U /9 127 54 0 0 124 124 4 Peak * * * 11:00 7:00 * * 7:00 7:00 glume * * * 12 12 * * 10 10 1 Peak * * 4:00 4:00 12:00 * * 4:00 4:00 lume * * 14 15 6 * * 14 14 pllata Hie: 1999112U Page: 1 Geotechnical Services ALLIED TEST DRILLING COMPANY 7\p! Commercial, Residential 4000 Beau D'Rue Drive,Eagan,MN 55122 (651) 452-6913 Municipal, DHUD SUBSURFACE SOIL INVESTIGATION FOR 2000 RECON STREET IMPROVEMENT PROJECT CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA ALLIED PROJECT NUMBER 99103 INTRODUCTION This report summarizes the findings of a subgrade soil investigation completed by Allied Test Drilling company for the roadway reconstruction on the 2000 RECON street improvement project in Shakopee , Minnesota. Said work was performed for the City of Shakopee, hereafter referred to as the "Owner" . Twenty one soil borings relating to the roadways were performed within the project areas to establish soil profiles , water table levels , and other information . These borings were put down on the roadways . From these borings , a sample of soil representative of certain areas of the subgrade and/or material likely to be used for roadway embankments was processed by making visual soil classifications as per the MNDOT soils classification method . An estimation of the AASHTO Soil class was made based on the soil texture and plasticity by visual means . From this data recommendations are made regarding subgrade soil suitability for pavement support , and recommended R-values for pavement design . TEST LOCATIONS AND ELEVATIONS The test locations were selected by The Owner. Refer to the attached diagram for a schematic location of the soil borings . Depths of the borings are referenced to the top of the bituminous at each location . FIELD INVESTIGATION The borings were accomplished using the Power Flight Auger method of investigation . This method of investigation involves advancing the auger with a combination of down pressure of the hydraulic rams and rotation of the auger. The auger is equipped with a drilling head having carbide teeth . Where the limestone bedrock is encountered , the drilling can penetrate the more weathered rock often found at the top of the formation. 2000 RECON STREET IMPROVEMENT PROJECT ALLIED PROJECT NUMBER 99103 PAGE -2- In addition to soil classifications by the Mn/DOT tri-axial chart method , soils were further classified according to AASHTO M145 , "Classification of Soils for Highway Construction Purposes" These classifications are in the zones of most likely pavement influence. SOIL BORING RESULTS Attached are logs for each of the borings together with a key explaining terms and entries. The depth of individual layers of soil may vary somewhat from those indicated on the logs due to the inexact nature of auger sampling and the occurrence of transitions between soil layers . The determination of the stabilometer R-values is based on visual soil classifications , and approximation of the AASHTO soil class based on the texture and visual determination of soil plasticity . The borings were put down on December 03 , and 06 , 1999, and water levels read the same day. The holes were then backfilled . Ground water was not encountered in any of the borings . This was evidenced by a lack of standing water in the bore hole and no high or wet cave-ins . Recovered soil samples were of normal moisture content based on visual observations. It is once again emphasized , as explained in the attachment , that water levels may vary according to many climatological and meteoro-logical factors which are beyond the scope of this investigation. water level readings apply for the time of testing only. In general , the borings indicated that the roadways have a variety of soils . Following is a summary of soils encountered in each roadway: SHUMWAY STREET Boring Number 1 was put down at Station 2+25 about mid-block . This boring about a foot of silt loam topsoil material between the class 5 gravel and the bedrock which includes the weathered limestone. 2000 RECON STREET IMPROVEMENT PROJECT ALLIED PROJECT NUMBER 99103 PAGE -3- 3RD AVENUE Borings 2 thru 16 and no. 18 were put down on 3rd Avenue. BORING DEPTH TO ROCK SOIL CLASS AASHTO SOIL STABILOMETER SOFT FIRM UPPER 3 FT. CLASS R-VALUE 2 6 .9' 8.4' LOAMY FINE SAND A-2-4 R-70 3 4. 3' 5.6' SANDY CLAY LOAM A-2-4 TO A-4 R-30 4 11 .0' SANDY CLAY LOAM A-4 R-20 5 5 .0 SANDY CLAY LOAM A-4 R-20 6 11 . 6 ' 15 .0' SL.PL.SANDY LOAM A-2-4 R-70 7 13 . 7 ' 15 .0' SL.PL.SANDY LOAM A-2-4 R-70 8 15 .0+ SANDY CLAY LOAM A-4 R-20 9 15 .0+ LOAM A-4 R-20 10 5 . 9 ' 6. 7 ' LOAMY FINE SAND A-2-4 TO A-3 R-70 11 15 .0+ PL. SANDY LOAM A-2-4 R-30 12 2 .4' PL. SANDY LOAM A-2-4 TO A-4 R-30 13 2 . 7 ' 3.9' SL. PL. SANDY LOAM A-2-4 R-70 14 1 . 6 ' PL. SANDY LOAM A-2-4 R-30 15 3 . 0 4.4' PL. SANDY LOAM A-2-4 TO SANDY CLAY LOAM A-4 R-30 16 3 .3' LOAMY FINE SAND A-2-4 TO A-3 R-70 18 2 .4' 3 . 6 ' SILTY CLAY LOAM A-6 R-12 HARRISON STREET Borings 19 thru 22 were put down on Harrison street . BORING DEPTH TO ROCK SOIL CLASS AASHTO SOIL STABILOMETER SOFT FIRM UPPER 3 FT. CLASS R-VALUE 19 4. 3 ' 4.9' PL.SANDY LOAM TO A-2-4 SANDY CLAY LOAM TO A-4 R-20 20 13.0' LOAM A-4 R-20 21 9 .3' SL.PL.SANDY LOAM A-2-4 R-70 22 9 . 7 ' LOAMY FINE SAND A-2-4 R-70 CONCLUSIONS AND RECOMMENDATIONS The following conclusions and recommendations are based upon interpreted results of boring logs and test data. Because the borings represent a small portion of the site in relation to the proposed area of work, ongoing review of construction should be carried out . Actual excavations may reveal subsurface soils of a different nature than those observed in the test holes. In which case the Soils Engineer can be contacted for revised recommendations. 2000 RECON STREET IMPROVEMENT PROJECT ALLIED PROJECT NUMBER 99103 PAGE-4- As a variety of soils were encountered in the borings, With the exception o fthe topsoil encountered in boring number 1 , all soils are suitable for roadway construction. It may be appropriate for simplicity, to design each roadway based on the lowest stabilometer r-value encountered. It appears that based on the one boring on SHUMWAY STREET, that the topsoil material should be removed and replaced . The design then should be based on the quality of the backfill mnaterial . The soils in the upper 3 feet of 3rd Avenue range from Loamy fine sand to Sandy clay loam, and Stabilometer R-values range between 20 and 70 , except for boring no. 18 which includes a silty clay loam soil with an R-value of 12. An R-value of 12 relates to a CBR of 2 . 5 . This soil could be replaced if the use of an R- value of 20 is needed for economic reasons . The soils in Harrison Street are similar , with Stabilometer R-values of 20 and 70. In my opinion, an R-value of 20 should be used for design purposes. The better soils are on the northern 1 /2 of the street . In using the R-value method for pavement design , it is essential that the subgrade be constructed of uniform soil at a moisture content and density in accordance with MN/DOT spec . 2105 and be capable of passing test rolling. LIMITATIONS OF INVESTIGATION The Soils Engineer has prepared this report in accordance with generally accepted soils engineering practices. Because the borings represent only a small portion of the total site, and for other reasons , Allied Test Drilling Company does not warrant that the borings are necessarily representative of the entire site but only of the boring locations at the time of investigation . No warranty of the site is made or implied. Groundwater levels will vary seasonally and daily depending on weather conditions, therefore, the stated measurements are indicative of the levels at the time of measurement only . Predictions of future groundwater levels are beyond the scope of this investigation. The scope of this report is limited strictly to establishment of soil profiles together with only those conclusions expressly made. The site investigated is not certified with respect to any requirements such as building codes, local or state ordinances, federal rules and regulations, etc. , which may or may not be applicable. 2000 RECON STREET IMPROVEMENT PROJECT ALLIED PROJECT NUMBER 99103 PAGE-5- Allied Test Drilling Company has backfilled and compacted all boring holes as well as possible under the existing conditions . However, some continuing settlement may occur if construction does not take place in the near future. The owner should check boring holes and provide additional backfill as required . Samples of soil from the borings will be retained in the office of Allied Test Drilling Company for a period of 90 days from the date of this report . After 90 days , the samples may be discarded unless we are requested to retain them for a longer period. ENGINEERS CERTIFICATE I hereby declare that this plan, specification , or report was prepared by me or under my direct supervision , and that I am a duly registered Professional Engineer under the Laws of the State of Minnesota. ALLIE TEST DR LLING COMPANY .4r7, - GORDON J . KOPACEK , P. E. 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I .../ V. ilt, ~ !l• i\��-�± , :n. _e'd ZScOrr�'S Mcg•17.14-.7. de 11ID TT.- -1:.1367-07.---1'0•1 )il Boring Logs for 2000 Recon Street Improvement Project in Shakopee, Minnesota Log for Boring 1 AASHTO Depth Description Sail Class Color Moisture Notes 0-3.25 Bituminous 3.25"-4.5 Class 5 Limestone Aggregates tan dry-moist gravel 4.5"- 1.5' Silt Loam A-4 black moist 1.5'-2.3' Weathered Limestone light gold tan moist 2.3' Bedrock Log for Boring 2 AASHTO Depth Description Soll.Class Color Moisture Notes 0-0.5' Loamy Fine Sand A-2-4 dark brown moist many fine roots 0.5-5.0 Slightly Plastic Sandy Loam dark reddish brown moist gravel 6.9'-8.4' Crushed Limestone light gold brown dry-moist 8.4' Bedrock Log for Boring 3 AASHTO Depth Description Soil Class. Color Moisture Notes 0-1.75" Bituminous 1.75"-8.2 Crushed Limestone medium reddish brown dry-moist gravel 8.25"-4.3' Sandy Clay Loam A-2-4 medium brown dry-moist lots of gravel 4.3'-5.6' Crushed Limestone light gold tan dry-moist gravel 5.6' Bedrock Log for Boring 4 AASHTO Depth Description $.QiI Class Color Moisture Notes 0-1.75" Bituminous 1.75"-7.0 Crushed Limestone medium reddish brown dry-moist lots of gravel 7.0"-5.0' Sandy Clay Loam A-4 old brown &dark brow dry-moist lots of gravel & cobbles 5.0-11.0 Plastic Sandy Loam A-2-4 to A-4 dark brown moist cobble & gravel 11.0'-11. Limestone Log for Boring 5 AASHTO Depth Description Soil Class Color Moisture Notes 0-5.0' Sandy Clay A-4 dark brown-black dry-moist gravel & cobbles 5.0'-5.7' Limestone 5.7' Bedrock )il Boring Logs for 2000 Recon Street Improvement Project in Shakopee, Minnesota Log for Boring 6 AASHTO Depth Description Soil Class Color Moisture Notes 0-3" Bituminous 3.0"-7.5" Crushed Limestone medium gold-brown dry-moist little gravel 7.5"-5.0' Slightly Plastic Sandy Loam A-2-4 dark brown moist little gravel 5.0'-11.6' Plastic Sandy Loam A-2-4 to A-4 dark brown moist 11.6'-15. Crushed Limestone Fines A-2-4 reddish brown moist Log for Boring 7 AASHTO Depth Description Soil Class Color Moisture Notes 0-2.25" Bituminous 2.25"-4.5 Crushed Limestone medium brown dry-moist lots of gravel 4.5"-5.0' Slightly Plastic Sandy Loam A-2-4 medium brown moist gravel 5.0'-13.7' Slightly Plastic Sandy Loam A-2-4 light brown moist little gravel 13.7'-15. Crushed Limestone light reddish brown moist gravel Log for Boring 8 AASHTO Depth Description Soil Class Color Moisture Notes 0-2.5" Bituminous 2.5"-15" Crushed Limestone Aggregates light reddish brown moist 15"-2.5' Sandy Clay Loam A-4 dark brown moist fill 2.5'-5.0' Slightly Plastic Sandy Loam A-2-4 dark brown moist gravel 5.0'-10.0' Loamy Sand A-3 medium brown moist 10.0'-15. Crushed Limestone light medium brown moist fill Log for Boring 9 AASHTO Depth Description Soil Class Color Moisture Notes 0-2.75" Bituminous 2.75"-6" Crushed Limestone 6"-8.25" Bituminous 8.25"-5.0' Loam A-4 medium reddish brown moist 5.0'-10.0' Limestone Fines light brown moist little gravel 10.0'-15. Loamy Sand A-1-B tan moist large rock it Borng Logs for 2000 Recon Street Improvement Project in Shakopee, Minnesota ' Log for Boring 10 AASHTO Depth Description Soil Class Color Moisture Notes 0-1.75" Bituminous 1.75"-18" Class 5 Gravel medium brown moist gravel 18"-2.5' Loamy Fine Sand A-2-4 to A-3 dark brown-black moist 2.5'-5.0' Fine Sand A-3 dark tan moist 5.9'-6.7' Crushed Limestone light reddish tan moist 6.7' Bedrock Log for Boring 11 AASHTO Depth Description Soil Class Color Moisture Notes 0-5.0' Plastic Sandy Loam A-2-4 medium brown moist few fine roots 5.0'-10.0' Slightly Plastic Sandy Loam A-2-4 dark brown moist gravel 10.0'-15. Fine to Medium Sand A-1 b dark reddish brown moist Log for Boring 12 AASHTO Depth Description Sail..Class Color Moisture Notes 0-2.7' Plastic Sandy Loam A-2-4 to A-4 dark brown moist fill, little gravel 2.7'-3.2' Limestone 3.Z Bedrock Log for Boring 13 AASHTO Depth Description Sail Class Color Moisture Notes 0-2.75" Bituminous 2.75"-11. Crushed Limestone Gravel dark brown moist blacktop, gravel 11.75"-2. Slightly Plastic Sandy Loam A-2-4 dark brown moist 2.7'-3.9' Crushed Limestone light gold tan moist 3.9' Bedrock Log for Boring 14 AASHTO Depth Description So_i Ctass Color Moisture Notes 0-1.6' Plastic Sandy Loam A-2-4 dark brown moist 1,6'-2.0' Limestone 2.0' Bedrock it Boring Logs for 2000 Recon Street Improvement Project in Shakopee, Minnesota Log for Boring 15 AASHTO Depth Description SoilCiass Color Moisture Notes 0-3' Plastic Sandy Loam to Sandy A-2-4 to A-4 medium brown moist 3.0-4.4' Crushed Limestone light gold tan moist 4.4' Bedrock Log for Boring 16 AASHTO Depth Description Sail Class Color Moisture Notes 0-2.25" Bituminous 2.25"-6.7 Crushed Limestone Gravel medium brown moist gravel 6.75"-3.3' Loamy Fine Sand A-2-4 to A-3 dark brown moist _ 3.3'-3.5' Limestone 3.5' Bedrock Log for Boring 18 AASHTO Depth Description Soil Class Color Moisture Notes 0-2.4' Silty Clay Loam A-6 dark brown-black moist 2.4'-3.6' Crushed Limestone light gold tan moist 3.6' Bedrock Log for Boring 19 AASHTO De•th Descri•tion .• . Color Moisture Notes 0-1' Plastic Sandy Loam A-2-4 to A-4 medium gold brown moist rganic material & root 1'-2' Sandy Clay Loam A-4 to A-6 dark brown moist 2.0'-4.3' Sandy Clay Loam A-6 reddish medium brown moist 4.3-4.9' Crushed Limestone light gold-tan moist little gravel 4.9' Bedrock Log for Boring 20 AASHTO Depth Description Soil Class Color Moisture Notes 0-1.5' Loam A-4 medium brown moist few fine roots 1.5'-3.5' Loam A-4 dark brown moist 3.5'-5.6' Fine Sand A-3 medium reddish brown moist 7.1-13.0 Clay A-7-6 medium reddish brown moist 13.0-13.4 Limestone 13.4' Bedrock I Bor:ng Logs for 2000 Recon Street Improvement Project in Shakopee, Minnesota Log for Boring 21 AASHTO De•th Descri•tion .• _ Color Moisture Notes 0'-2.5' Slightly Plastic Sandy Loam A-2-4 medium brown moist few fine roots 2.5'4.0' Very Fine Sandy Loam A-4 dark brown moist 4.0'-5.0' Plastic Sandy Loam A-2-6 dark-medium brown moist 7.0'-9.3' Silty Clay Loam A-6 medium tan moist 9.3'-9.7' Limestone 9.T Bedrock Log for Boring 22 AASHTO Depth Description Soil Class Color Moisture Notes - 0-2.5' Loamy Fine Sand A-2-4 dark brown moist 2.5'-5.0' Loamy Fine Sand A-2-4 dark brown moist 5.0'-9.7' Slightly Plastic Sandy Loam A-2-4 reddish brown moist 9.7'-9.9' Limestone 9.9' Bedrock CITY OF SHAKOPEE Memorandum TO: Bruce Loney, Public Works Director FROM: Officer Lynn Lipinski SUBJECT: 2000 Street Reconstruction Project DATE: February 9, 2000 Recommendations for improvement to 3rd Avenue from C.R. 69 to Shumway Street would be recommended by the Police Department. I have asked several patrol officers who travel this portion of roadway on a regular basis, and it is in their opinion that the roadway should be improved. There is a lot of travel on this portion of roadway from persons who travel off of C.R. 69 as they travel east into the downtown area of Shakopee. At this time, it is in poor condition and is a hazard with the apartments and single-family houses in the area for pedestrians to be walking on the roadway with the poor roadway conditions that exist. In reference to Harrison Street, it would be preferable to keep the street open for traffic for public use. I would recommend that the street be repaired. If it were found necessary due to costs and other factors, I would then confer with the recommendation of the staff of proposing a trail that could serve as a maintenance access drive or emergency vehicle access from 6th Avenue to Riverview Park or 3`d Avenue. I feel due to safety issues and accessibility to the area, that the roadway to be improved for safety vehicles to travel on. If you have any questions in regard to this, please feel free to contact me. c7/ Qf Officer Lynn Lipinski Shakopee Police Department Cc: Chief Dan Hughes 15s 10, CITY OF SHAKOPEE Memorandum ( ,!'^ I 7,1g TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Trailer Purchase DATE: February 15, 2000 INTRODUCTION: This item is for Council to consider the purchase of two (2) new trailers for the Public Works Department, which includes one addition to the fleet and one replacement. BACKGROUND: The Public Works Department had identified a need in its 2000 Capital Equipment Budget for the purchase of two (2) new trailers for transporting equipment to the job sites, (bobcats and mowers). In the past, these purchases were made utilizing the Capital Equipment Fund, thus Public Works budgeted $35,000.00 for the purchase of a bobcat, attachments and equipment (trailers). The Public Works Department has been informed from the Finance Department that these purchases do not qualify any longer from this fund. The City needs D.O.T. approved trailers, therefore, we can no longer use our existing homemade trailers to transport equipment We have the following two options to purchase these trailers: 1. Use our existing budget 2. Do a budget amendment Public Works Department recommends a budget amendment, at this time, due to the fact that our current budget year has just begun. Below are two quotes for these trailers: 1. Additional Trailer(not including tax and fees) • Felling 2000 FT12E, from Lano Equipment Inc. $5,645.00 • Kiefer Industrial ILU 925, from Ace Trailer Sales $6,542.00 2. Replacement Trailer(not including tax and fees) • Felling 2000 FT106 from Lano Equipment Inc. Price $4,175.00 Less Trade In $1,250.00 Net Trade $2,925.00 • Dressen Custom Trailers, from Ace Trailer Sales Price $3,945.00 Less Trade In $1,500.00 Net Trade $2,445.00 ALTERNATIVES: 1. Accept the low quote for the additional trailer from Lano Equipment, Inc. for the cost of $5,645.00 (not including tax and fees); Ace Trailer Sales for the cost of $2,445.00 with trade (not including tax and fees); and direct the Finance Department to do a budget amendment in the Public Works Operating Budget (Parks Division) for the purchase of these trailers. 2. Same as Alternative No. 1, with the funding from the existing Public Works Department (Parks Division) Operating Budget. 3. Deny the request. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. Staff would like to note that the trailers were included in the Capital Equipment Fund that is funded from the General Tax Levy. ACTION REQUESTED: Move to accept the low quote from Lano Equipment, Inc. ($5,645.00), and Ace Trailer Sales ($2,445.00) for the purchase of two (2) new trailers, and direct the Finance Department to do a budget amendment in the Public Works Operating Budget (Parks Division) for the purchse of these trailers. ' /P46 ,1//e . Michael Hullander Public Works Supervisor CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stans Park Tennis Court Reconstruction DATE: February 15, 2000 INTRODUCTION: This item is to consider whether to proceed with Stans Park Tennis Court reconstruction for the existing tennis courts along 10th Avenue and Fuller Street. BACKGROUND: In the 2000 - 2005 Capital Improvement Program, a project in the park project type was listed to improve Stans Park tennis courts that currently exist. In this Capital Improvement Program (CIP), the funding was estimated at $100,000.00 and was to be expended from the General Fund. The Engineering Department has obtained the existing tennis court plans from the School District, which recently built four tennis courts near the existing Stans Park tennis courts and has conducted soil boring investigations within the existing area. In the existing area, soil borings have determined that there is existing topsoil underneath the existing tennis courts and other soils that should be removed. This was recommended by Braun Engineering who performed soil borings for the tennis court construction for the School District. Attached is a memo from Ray Ruuska, Project Coordinator, on this soil investigation and recommendation and that any type of pavement rehabilitation is not recommended unless the underlying soils are corrected first. With that soil investigation recommendation, it is recommended that the Stans Park tennis courts be reconstructed in total, including the existing fencing. The School District recently built four tennis courts and the cost for this construction was approximately $200,000.00. The Engineering staff time for this project is estimated at another 15% for a total of $30,000.00, thus the total cost for this project would be $230,000.00. The CIP project sheet included $100,000.00 in the General Fund to reconstruct the tennis courts. According to the Finance Director, the $100,000.00 amount was not included in the General Fund in any budget. Also, according to the Finance Director, the Capital Improvement Fund is for buildings, streets and improvements and the Park Reserve Fund is for park acquisition and development. A decision would need to made by City Council if this project were to proceed on where to obtain the funds for this project. Options available for Council to consider would be to include this project as a 429 Special Assessment Project and fund as tax levy, similar to a street reconstruction project. The City could also obtain funds from the CIF fund or excess General Tax Levy Fund. Staff would like direction from Council on the following: • Whether or not to proceed with the project design on reconstruction of tennis courts. • Where to obtain the funding for these projects. ALTERNATIVES: 1. Adopt a motion authorizing staff to proceed with the design of Stan Park Tennis Court reconstruction. 2. Provide staff direction on the funding for this improvement project. 3. Table for additional information. 4. Pass a motion to have this project done in the year 2001. RECOMMENDATION: Staff has no recommendation as to whether or not this project should proceed at this time. However, it was intended to reconstruct these tennis courts after the School District tennis courts were in operation. The School District's tennis courts were completed in 1999. The design of this project could be done by the Engineering Department with consultant's assistance as necessary. ACTION REQUESTED: 1. Adopt a motion or not to authorize the Engineering Department to proceed with design of the Stans Park tennis court reconstruction. 2. Provide staff direction on the funding of the tennis court reconstruction project. Bruce Loney Public Works Director BL/pmp COURTS t,/ . . o a) >. N in U E O K 0 ca i"E N a U .? - c c is c yy co R L N ` I > O O VE 0 0 d c ' co d N 0 O O O ca = ` N R U a) CL. o 3 co c d c o p .c c I— a) •• ;: c U O ca C la c ;p 0 —. O 4. 0 O 0 w y O N o ra U U N 0 a, rA 'C N a 2 ,o 0 Iii c w 0 0 d t0 0 -0 o c en a) C > w f0 ` Q w r0 c t f,! I.. x E 0 d U 0I o d d ' N .O = • owECN I— l0 O E co ::+ 0laO N Q a U 0O U oN 6, irn 5dli O in CI- to 0 u) -3 I" O . ' I d o a o CIVIC= o�= e111C:a�a =�4��F di�- el.a_ — G111111C o��tilla aa� aoe �! :8:� =e1G11[ nrar_C191C mum [�0�iclnc IIsi i 0 0 0 0 0 �11IIITA1111111 1 6111 FJ'slkinne a.'.0 O N0 0 0 O ,-.s/1 =:Iiiiii_ p0 0 sr; tri o ce o prr.�tl =:Iillll:- p A 0 N t0- 0 .ivz :iiiii,L � H 00 I• .sni =:I1i111:= I .CS N 011111 =:IIIIIi�_ i I= NI..°54 p .CS j i-to =.IIitlO- 444 CL a iia�Is1duTimiarmiliti.LeFa. UMW irktepee „ °..11:: Minn 11111110e04, -pi.ile :Mule eineum. 0 `; C Y as Y ru165 91ru11a/e1LiCloccpo0p a •, 'o N 3 C CO :•1f■ N :1111171-CICIginCoo f, C, w Li 0 0 2 0 F- title eil■lu'':I�ICOCeeLa .1 fi i"' CO LL -0 , rainci■IIIIII! alio w92 -2 elletteutii� w, yE c 'O C C C C c G60QIIiIII: OliCIo ij�m;co ...r��t,' C O c c 7 7 3 7 ■ ■ 0��.7or �.���� '.1 I— E E 7 :' LL LL LL LL LL e1_QOII_iii6 O11OI47,�:L�[MIVEQ.X�.. U a) E LL .. e 3 :llialiu!IUO Olio O'�o LB .e..�.., L� N '� 0 > .5 LL A" N N ° ai CD CD .....or UM; cumQIC -, 00 r+e�.1 a) m .. 1 0 C o a) a� 5 a .. 3 3 3 N ca rz MEMO e.oleh■■rrP.■■oo Lt rnt W d c c c a) N o.. �ei��L�lpa CO R c = O C E c co .i E 0 co y H m Cl) In ` :o �ffiCEiilIC PC `I� �i���` (_ o n.c c arno c c axY cca cc; R ai c •e- c o o X 0 U 2 x co o c i- = 0 0 ca co o rn co ca 0 — 4— ca 1- 0 — ,0m ulJ0 u1 LL00I— CLc90CD000U) cAf) t01— o , a Q m CITY OF SHAKOPEE Memorandum TO: Bruce Loney,Public Works Director FROM: Ray Ruuska,Project Coordinator SUBJECT: Stans Park Tennis Courts DATE: December 30, 1999 INTRODUCTION: As requested, I have investigated possible improvements to the above referenced tennis courts. BACKGROUND: No as-built drawings for these courts exist in engineering files. To determine the feasibility of pavement repair or overlay, test holes were bored through the court surfaces to determine pavement thicknesses, presence of base material and underlying soil types. These borings were done by Public Works using a post hole auger. The boring in the north court showed 2 %Z" of bituminous, no base material on black organic soil. The boring in the south, newer, court showed 2 %2" of bituminous, 4" of gravel on silty clay soils. Also attached is a copy of the soils report done by*B1aun Engineering with soil borings which was done for the School District tennis court construction adjacent to Stans Park courts. RECOMMENDATION: Due to presence of poor soils and base underlying the existing courts, any type of pavement rehabilitation is not recommended. Existing fencing is also in poor condition. Any funds available should be used to replace the courts. Actual costs to construct the school courts should be requested from the district. Ray Ruuska Project Coordinator RR/pmp COURTS ls. 0, y. CITY OF SHAKOPEE r'^ p n, ' Memorandum TO: Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Settlement Offer for Vierling Drive Easements DATE: February 15, 2000 INTRODUCTION The City has received a settlement offer for easements required for the Vierling Drive improvements West of Fuller Street (old County Road 77). Council is asked to accept this offer. BACKGROUND: On September 1, 1998, the City Council adopted Resolution Number 4965, authorizing the acquisition of property by proceedings in Eminent Domain. The easements were required for the construction of Vierling Drive within the Orchard Park West PUD development. City staff and the City Attorney have been working towards obtaining the easements from Robert and Roxanne Pieper, the owners of the property. As part of the condemnation process, the City obtained an appraisal of the property to determine the value of the easements. This appraisal, conducted by Universal Valuation Services, Inc., estimated the value of the easements to be $12,770. The appraisal completed by the owners' appraiser estimated the value to be about $18,250. Prior to going to the hearing, which was scheduled for February 9, 2000, the Piepers and the City Attorney reached a settlement offer after reviewing the two appraisals. This settlement offer is $17,000. After consulting with the City Attorney, staff believes the City should accept this offer. Staff believes the costs to purchase the easements would be greater if the City chose to continue with the condemnation proceedings,because of the additional fees and time required. Therefore, staff recommends accepting the settlement offer of$17,000. ALTERNATIVES: 1. Accept the settlement, and authorize the appropriate City officials to proceed with purchasing the easements from the Piepers for$17,000. 2. Do not to accept the settlement and obtain the required easements by carrying through with the condemnation proceedings. RECOMMENDATION: Staff recommends Alternative Number 1. ACTION REQUIRED: 1. Move to accept the settlement, and to authorize the appropriate City officials to proceed with purchasing the easements from the Piepers for$17,000. Joel Rutherford Assistant City Engineer • CITY OF SHAKOPEE 7 Memorandum TO: Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Storm Sewer Easement and Agreement—Big K DATE: February 15, 2000 INTRODUCTION The pond for Vierling Plaza(Big K site) includes an outlet pipe that the City will be maintaining. Before the City can maintain this outlet pipe, the developer is required to provide an easement. Attached is the easement and agreement document being considered. BACKGROUND: Most of the storm sewer within this plat, including the pond, is considered private and will be privately maintained. The only part of the storm sewer improvements considered as public is the outlet pipe for the pond that connects to the public system located in Vierling Drive. The storm sewer easement for this outlet pipe was not on the Final Plat and, therefore, the City has required the developer to provide an easement for the portion that will be public. Staff is requesting Council to consider the easement and agreement, and to authorize the appropriate City officials to sign and execute the document. ALTERNATIVES: 1. Move to authorize the appropriate City officials to sign and execute the Storm Sewer Easement and Agreement. 2. Do not authorize staff to execute the Easement and Agreement. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Move to authorize the appropriate City officials to sign and execute the Storm Sewer Easement and Agreement. Joel Rutherford Assistant City Engineer d STORM SEWER EASEMENT This easement and agreement for construction and maintenance of a storm sewer (the "Agreement") is made as of this 29th day of December, 1999, by and between CITY OF SHAKOPEE, a Minnesota municipal corporation ("Grantee") and CONTINENTAL 95 FUND LLC, a Wisconsin limited liability company ("Grantor"). WHEREAS, Grantor owns certain real property situated in the City of Shakopee, Scott County, Minnesota, shown on Exhibit B and more particularly described in Exhibit A, both attached hereto and incorporated herein by reference ("Grantor's Property"); and WHEREAS, Grantee desires an easement from Grantor to grade and install a storm sewer on Grantor's Property; and WHEREAS, Grantor agrees to grant and Grantee requests from Grantor, a temporary easement for the construction of a storm sewer and a perpetual easement for the maintenance of the storm sewer. NOW, THEREFORE, in consideration of one and no/100 dollars ($1.00), the conditions, covenants and mutual agreements hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged by Grantor,the parties hereto agree as follows: 1. GRANT OF TEMPORARY EASEMENT. Grantor hereby grants to Grantee a twenty (20) foot wide temporary easement over and across that portion of Grantor's Property which is identified on the attached Exhibit B and incorporated herein by reference, for the purposes of constructing a storm sewer. The foregoing grant of easement shall vest in Grantee the right to enter upon Grantor's Property described in Exhibit B by itself, its employees and contractors, to perform any necessary construction and grading. This easement shall terminate upon the earlier of (i) completion of construction of the storm sewer, or(ii) the 29th day of December, 2000. 2. GRANT OF A PERPETUAL EASEMENT. Grantor does hereby grant, convey and warrant to Grantee,for the benefit of Grantee's Property, forever,a non-exclusive easement, shown and described on the attached Exhibit B, and incorporated herein by reference, including the right and authority to use, operate, maintain and repair (including reconstruction) the storm sewer on Grantor's Property. Grantee agrees to maintain, at its sole expense, the underground storm sewer which it constructs across Grantor's Property. This perpetual easement, upon completion of the storm sewer construction, shall be twenty (20) feet in width running the length of the storm sewer on Grantor's Property. Grantor December 29, 1999 1 1:\easement\storm\c95.doc i r ^ agrees to allow Grantee to use such reasonable area outside the easement as is necessary for maintenance of the perpetual easement. 3. CONSTRUCTION LIENS. In the event any construction liens are filed against Grantor's Property, or any part thereof, in connection with any work performed by or on behalf of Grantee or in connection with any act or omission of Grantee pursuant to the Agreement, Grantee shall have the said liens immediately discharged of record. 4. REPAIR. Grantee will, at its sole cost and expense and promptly after completion of its work, replace the surface (including, without limitation, the surface paving) and subsurface of the soil as may be disturbed in the construction, operation, use, maintenance and repair (including reconstruction) of the aforesaid storm sewer in substantially the same condition as it is now or may be, and repair to all driveways and other paved areas and replace portions of lawns or fences which may be damaged by construction on the easement areas or which is a direct result of the exercise of the rights herein granted. 5. NONDISTURBANCE. Grantee will cause the least possible interference with the activities of Grantor, the occupants of Grantor's Parcel and their respective customers, agents, servants,employees, licensees and invitees in connection with its operations. 6. INDEMNITY. Grantee, its successors or assigns, shall defend, indemnify and save harmless Grantor, its officers, agents and employees, and any mortgagee of Grantor's Parcel, against all suits, demands,causes of actions, liabilities or claims thereof for injury or damages of whatever nature, including death, or damage to property (i) arising out of or related to any activity of Grantee, its agents, employees, licensees or contractors, their agents or employees, or (ii) arising out of any defaults hereunder, or (iii) arising from or relating to the storm sewer and/or grading constructed by Grantee, or on its behalf, including but not limited to maintenance and repair of the storm sewer, and water flow through same. 7. GRANTOR'S USE. Grantor hereby reserves to itself the right to make such use of the land included within the easement area (including without limitation, parking of vehicles on the surface thereof), subject to all governmental rules and regulations, as will not unreasonably disturb or interfere with such storm sewer or prevent ingress and egress thereto for the purposes of construction, operation, use, maintenance and repair (including reconstruction) thereof. It is also understood and agreed between the parties hereto that no building or structure shall be placed by Grantor, over or within five (5) feet horizontally (three (3) feet for a fence), of any underground pipe or associated equipment. Grantee specifically agrees that, subject to all governmental rules and regulations, Grantor retains the right to cross and recross the easement area with other utility lines, pipes, wires and easements, parking and access easements, and Grantor may install paving, curb and gutter, landscaping, and signs December 29, 1999 2 1:\easement\storm\c95.doc on the easement areas which are not inconsistent with the grant of the easements herein contained. 8. NOTICES. Notices in demand required or permitted to be given hereunder shall be given by certified mail,return receipt requested,or by a national express service such as FedEx, in the case of Grantor, addressed to it at W133 N8569 Executive Parkway, Menomonee Falls, Wisconsin 53051 or at such other address as specified in writing by Grantor and the case of Grantee, addressed to it at 129 Holmes Street South, Shakopee, Minnesota 55379 or at such other address specified in writing by Grantee. 9. EXHIBITS. All exhibits referred to herein and attached hereto shall be deemed part of the Agreement. 10. RECORDING. The Agreement shall be recorded in the records of Scott County, Minnesota. 11. GOVERNING LAWS. The laws of the state of Minnesota shall apply to the Agreement. 12. SEVERABILITY. If any term, provision or condition contained in the Agreement shall, to any extent, be invalid or unenforceable, the remainder of the Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. BINDING ON FUTURE PARTIES. The perpetual easement and all covenants and easements herein shall run with the land and shall inure to the benefit of and be binding upon the parties,their successors and assigns. 14. RELOCATION. Grantee agrees that Grantor,at its sole cost and expense, may relocate this easement and any sewer thereon installed by Grantee, provided that Grantor first gives Grantee written notice thereof and said relocation shall be fully functional for a gravity sewer line and shall not interrupt service to Grantee. Grantee covenants and agrees that it will execute such documents as Grantor may deem necessary or appropriate to evidence such relocation of record. Except as otherwise specifically set forth herein, Grantor shall retain all rights, title and interest in and to that portion of Grantor's Property covered by the easement granted herein. December 29, 1999 3 I:\easement\storm\c95.doc IN WITNESS WHEREOF, the parties have executed this easement and agreement as of the day and year first above written. CONTINENTAL 95 FUND LLC, a Wisconsin limited liability company By: CONTINENTAL PROPERTIES COMPANY, INC., a Wisconsin corporation, its ' manager By: Daniel J. Minahan, ecutive Vice President CITY OF SHAKOPEE By: • Jon Brekke,Mayor By: Mark McNeill,City Administrator By: Judy Cox,City Clerk By: Louis VanHout,Utilities Manager December 29, 1999 4 I:\easement\storm\c95.doc )ss. ACKNOWLEDGMENTS STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) Personally came before me this 29th day of December, 1999, the above named Daniel J. Minahan, Executive Vice President of Continental Properties Company, Inc., manager of Continental 95 Fund LLC, to me known to be such officer and acknowledge that he executed the foregoing instrument as such officer as the deed of said corporation,by its authority. rti 4 Joellyn P.Buchholz Not Pub 'c, Waukesha County, Notary Public State of Wisconsin My Commission Expires: August 4, 2002 Mw Comm.Expires Aug,4,2002 STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) Personally came before me this the above named Jon Brekke, Mark McNeill and Judy Cox, the mayor, city administrator and city clerk, respectively of City of Shakopee, to me known to be such officers and acknowledge that they executed the foregoing instrument as the deed of said municipal corporation, by its authority. Notary Public, County, My Commission Expires: December 29, 1999 5 I:\easement\storm\c95.doc • ----- -------- - STATE OF MINNESOTA ) ) SS. SCOTT COUNTY ) Personally came before me this day of , , the above named Lou Van Hout, utilities manager for Shakopee Public Utilities Commission, a commission of the City of Shakopee,to me known to be such officer and acknowledge that he executed the foregoing instrument as the deed of said municipal corporation,by its authority. Notary Public, County, My Commission Expires: Document Drafted By: • W. Dirk Hausmann Wisconsin State Bar No. 1000205 W133 N8569 Executive Parkway Menomonee Falls, WI 53051 December 29, 1999 6 I:\easement\storm\c95.doc EXHIBIT A Lot 1,Block 1,Vierling Plaza,according to the recorded plat thereof, Scott County,Minnesota. December 29, 1999 7 1:\easement\storm\c95.doc • e • ' Storm Sewer EasementI 0 50 100 150 Welting Plaza — Part of Lot I Block / rsssii��—��� Welting _ _ _. -- - -- Shakopee Minnesota December 7 1999 EXHIBIT B SOLE IN FEET A permanent easement for drainage and utility purposes ow, under and across part of Lot L Block I VIERL/NC PLAZA„ as platted and of record he the office of the County Recorder, Scott Counts Minnesota being a strip of land 2000 feet In width, the center his of wild; /s described as follows Commencing at the northeast corner of sold Lot L Block k thence North 87 degrees 49 minutes 54 seconds West bearing assumed, along the north the of sold Lot L a distance of/9555 het to the actual point of beghnhg of the center/he to be deeailled. thence South 45 degrees 58 minutes 22 seconds East a distance of 9L77 feet; thence South 24 degrees 54 minutes 18 seconds East, a distance of 40.00 feet and there tw mhating. The side lines of sold stria are to be lengthened or shortened to intersect said north line of said Lot I. S ' I - IC I-- I ' • W w .. LL.J Vi - 4`ZitCP 44 LOT 4 COCK I. EX. CBNH —ERRE V/fRLINC PLAZA . RE-798.1e S �� -_ - -k' 06 NORTH UNE `. :� ____ Lori BLOCK l� �,� Ne7'49's4•w % ``, I. I )k/fe..4 / ai. -ORA/NACE Ir ..- tfllUTY 1M&VTI, 9 ' '. ..A % it I i • S \ `o •., ' ..10 \ \ , IF .1. 'I`I.L.1I 0 \ I DATE: I hereby certify that this plan was John Oliver & Associates, hw. 12/8/99 prepared by me or under my direct ret' ,iiii e, Lend eurvevim. Land renewer DRAWN BY:PK4 supervision and that I am a duly CHKD BY:GRH Licensed Land Surveyor under the 680 Dodge Awrzaue laws of the Sae of Minnesota. s4 River, Minnesota REVISIONS: lstsN4t-son (11'4W441-5865 / Do le. Z MN 5� setts sop (112)894-3046 (FAZJ894-3049 Signed: / p- V DRAWING FILE: FILE NO. - Dote:iTi//F j Lic. No. 10943 1186E2F1.DWG 1186.10 03 December 29, 1999 I:\easement\storm\c95.doc 7 CITY OF SHAKOPEE /S 0. O Memorandum TO: Mayor& City Council -•J Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Purchase of Tractor from Siemon Implement, Inc. DATE: February 15, 2000 INTRODUCTION: This item is for Council to consider the purchase of one (1) new tractor from Siemon Implement, Inc. to be utilized by the Street Department for alley and storm drainage maintenance. BACKGROUND: The Public Works Department has budgeted $20,000.00 in the Capital Equipment Fund to replace an existing 1983 Ford 1710 2WD Tractor with a new John Deere 4600 4x4 Tractor. The Public Works Department is requesting to upgrade to a larger tractor in order to better handle our existing attachments, (mower and alley maintenance). The existing tractor is underpowered and the attachments are heavy for our existing tractor to safely handle. Utilizing the State of Minnesota purchase contract, the price for replacement is as follows: One John Deere 4600 4x4 Tractor Price $23,437.60 Less Trade In $ 4,037.60 Net Trade $19,400.00 Plus Sales Tax $ 1,261.00 TOTAL $20,661.00 Staff did check with a representative from Siemon Implement, Inc. and to purchse this tractor with attachments, based on list prices, would be $30,540.00 as compared to the State bid of $23,437.60. By utilizing the State bid, no staff time was involved in preparation of specifications and bids. ALTERNATIVES: 1. Accept the State bid price from Siemon Implement, Inc. to purchase one (1) new John Deere 4600 Tractor for the price of$20,661.00, with the purchase to be funded from the Internal Capital Equipment Fund. 2. Deny the request. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No.1. ACTION REQUESTED: Move to authorize the purchase of one (1) new John Deere 4600 Tractor from Siemon Implement, Inc., utilizing State bid pricing for the purchase price of$20,661.00, with the purchase to be funded from the Internal Capital Equipment Fund. 9LLO'1)IA%L . Michael Hullander Public Works Supervisor CONSENT CITY OF SHAKOPEE IS: • ) . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Building Inspector Completion of Probationary Period MEETING DATE: February 15, 2000 Introduction: David Kriesel was hired as Building Inspector effective August 19, 1999. Thus Mr. Kriesel's probationary period ends on February 19, 2000. Mr. Kriesel is a knowledgeable and welcome addition to the inspections staff. Recommendation: I recommend that the Council find that Mr. Kriesel has successfully completed the probationary period for Building Inspector, and be awarded permanent, full-time status in that position. Action Requested: Offer and approve a motion finding that David Kriesel has successfully completed the probationary period for Building Inspector, and awarding him permanent, full-time status in that position. R. Michael Leek Community Development Director PROBDKri.DOC/ML 1 (Note: See wording change to requested action) CONSENT 15.E.1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Building Inspector Completion of Probationary Period MEETING DATE: February 15, 2000 Introduction: David Kriesel was hired as Building Inspector effective August 19, 1999. Thus Mr. Kriesel's probationary period ends on February 19, 2000. Mr. Kriesel is a knowledgeable and welcome addition to the inspections staff. Recommendation: I recommend that the Council find that Mr. Kriesel has successfully completed the probationary period for Building Inspector, and be awarded permanent, full-time status in that position. Action Requested: Offer and approve a motion finding that David Kriesel has successfully completed the probationary period for Building Inspector, and awarding him per-manent,full-time regular status in that position. v R. Michael Leek Community Development Director PROBDKri.DOGML 1 CONSENT CITY OF SHAKOPEE is-, i . .14 Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment—Building, Office Service Worker MEETING DATE: February 15, 2000 INTRODUCTION: The Council is asked to appoint Patty Latzke to the recently approved full-time position of Office Service Worker with the Building Division. Ms. Latzke has been serving in the position of Receptionist with the City. Because Ms. Latzke recently completed a pre- employment physical, the requested appointment is not made contingent on completion of a physical. Ms. Latzke's first day of employment in her new position would be Monday, February 21, 2000. COMPENSATION: Ms. Latzke has been offered and accepted the position at Step 1, Grade B of the City of Shakopee 2000 Pay Plan(i.e. $26,021 per year). STAFF RECOMMENDATION: I recommend the appointment of Patty Latzke to the position of Office Service Worker with the Building Division effective Monday, February 21, 2000. ACTION REQUESTED: The Council is asked to appoint Patty Latzke to the position of Office Service Worker with the Building Division effective Monday, February 21, 2000 at Step 1, Grade B of the City of Shakopee 2000 Pay Plan(i.e. $26,021 per year). /c;yez,_79 R. Michael Leek Community Development Director CITY OF SHAKOPEE AS5. Memorandum c TO: Mayor and City Council � y �' � y Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Authorize Filling the Receptionist Position DATE: February 10, 2000 INTRODUCTION: City Council is asked to authorize the process to fill the receptionist position. BACKGROUND: Patricia Latzke has accepted the position of office service worker in the Building Division of the Community Development Department which was recently vacated because of the resignation of Lynette Walsh. This creates a vacancy in the receptionist position. Staff is asking City Council to authorize filling this position in order that the normal recruitment process may be commenced with the Scott County Employee Relations Department. You may remember that Ms. Latzke was hired in December to fill the vacancy due to the promotion of Tamera Vidmar to secretary in the Community Development Department. Since the applications received at that time are only three months old, staff will be contacting other applicants to see if any are still interested in the position and are qualified. If no successful candidate is identified, the normal recruitment process will be followed. ALTERNATIVES: 1. Authorize filling the vacant receptionist position 2. Do not authorize filling the vacant receptionist position RECOMMENDATION: Alternative 1, fill the vacant receptionist position RECOMMENDED ACTION: Authorize the appropriate persons to proceed with the recruitment to fill the receptionist position. Ju. S. Cox, C'ty Clerk h:\Judy\receptionistif' CITY OF SHAKOPEE Y. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Management Assistant Hire DATE: February 9, 2000 INTRODUCTION: The Council is asked to authorize the hiring of Tracy Coenen as Management Assistant in the City Administrator's office. BACKGROUND: Until early 1996,the City Administrator's office had a full time Assistant City Administrator position. Those duties were approximately one-half economic development, and one-half general administrative responsibilities. However, a decision was made by the Council in early 1996 to establish a full time Economic Development Coordinator. As a result,when the incumbent Assistant City Administrator left the employment of the City, a decision was made not to fill the position at that time. Since then,the growth of the City has necessitated the need to recreate that position. Whereas the previous Assistant City Administrator had had many years of experience in the public sector, and was valued as such in terms of job points and pay,the position for which this is budgeted is anticipated to be an entry level position, and was advertised as such, as Administrative Assistant. The Assistant would be available for use by various departments throughout the City, and would be the staff liaison for the Transit Commission, Cable groups, and Library Study Board. The position will be the primary person in charge of solid waste and recycling, perform special research, and would be backup for a variety of personnel functions. The position would also be in charge of more fully developing the City's Web site, and perform other communications duties. Staff utilized the Scott County Employee Relations for the selection process. Thirty-six applications were received. Scott County provided a certification list of thirteen candidates. Staff interviewed five candidates from this list. The sixth interview candidate withdrew from the process prior to the interviews. The interview panel consisted of the City Administrator, Community Development Director and Payroll/Benefits Coordinator. The candidate that emerged as a result of those interviews is Tracy Coenen. Ms. Coenen is a graduate of Winona State University, and will graduate with a Master's Degree in Public Administration from Northern Illinois University on May 13th. She is finishing a two year internship with an outer ring developing suburb in the Chicago area. She has also served internships with the City of Winona, and in Attorney General Skip Humphrey's office. She will be completing class work and tests for her graduate degree in April and May. She indicates her availability, at least part-time,won't be beginning until early April, and would need to be available for two days every other week for class work in DeKalb, Illinois. As stated previously, she anticipates graduating May 13th. The indications that I have from her references is that she is potentially a very good employee,and would be worth accommodating her schedule. One issue of which we became aware is the confusion that the advertised title "Administrative Assistant"creates. Typically,that is an entry level management-track position in the public sector; however, in the private sector, Administrative Assistant is typically a term for Secretary. In order to avoid that confusion, our recommendation is that the title be changed to "Management Assistant". BUDGET IMPACT: The position was budgeted to start at Step 1 of pay Grade F or$33,837. We have negotiated that she be placed at Step 2 after six months after employment, assuming satisfactory completion of her probationary period. In view of the mid-year start, money is available in the budget, and I believe that the early increase to Step 2 should be accommodated. Subsequent increases would be on the annual anniversary of that initial six-month increase. RECOMMENDATION: I recommend that Tracy Coenen be hired as Management Assistant, with a part-time start date to be determined as available, with a full time status after May 13, 2000. Further, she would be hired at Step 1, with an increase to Step 2 after the successful completion of her initial six-month probationary period. The probationary period would start as of her initial date of employment. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the hire of Tracy Coenen as Management Assistant for the City of Shakopee, with the criteria described above, contingent upon successful completion of testing and background investigations. '1/1 „UJAW Mark McNeill City Administrator MM:tw 15 .E . S, CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police C KJ SUBJECT: Acceptance of Resignation—Officer Ronald R. Scherer DATE: February 11, 2000 INTRODUCTION: Council is asked to accept the resignation of Officer Ronald R. Scherer, effective February 27, 2000. BACKGROUND: Attached is a letter of resignation from Officer Ronald R. Scherer indicating that he will be resigning from the Police Department. Officer Scherer began his employment on January 17, 1972, as a police officer. Officer Scherer has served the City well over the years and will be truly missed for his knowledge of the City and his experience. RECOMMENDATION: Staff recommends that Officer Scherer's resignation be accepted with regret. ACTION REQUESTED: 1. If the Council concurs, it should be by motion, accept the resignation of Ronald R. Scherer, as a Police Officer for the Shakopee Police Department of the City of Shakopee, effective February 27, 2000. 2. Offer Resolution No. 5318, a Resolution of Special Commendation to Ronald R. Scherer, and move its adoption. DH:pm CcRR Scherer Ronald R. Scherer 17374 Baseline Avenue Jordan, MN 55352 (612) 445-3700 To: City of Shakopee, City Council Mr. Mark McNeill, City Administrator Shakopee Police Civil Service Commission Chief Dan Hughes Deputy Chief Jerry Poole From: Ronald R. SchererIDA Date: February 1, 2000 Re: Employment resignation Please accept this notice as my official resignation from the Shakopee Police Department. My last date of employment will be February 27, 2000. Thank you. i5. 6 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S . Cox, City Clerk RE: Appointments to Boards and Commissions DATE : February 8, 2000 INTRODUCTION: Attached for Council consideration is Resolution No. 5313 which would make appointments to expiring terms on various boards and commissions . After Council has determined the successful candidates by voting, this resolution should be adopted. BACKGROUND: Various terms on boards and commissions will be expiring at the end of February, 2000 . On February 1st, City Council made nominations to the boards and commissions, following the publication of the openings and receipt of applications, pursuant to Council policy. The interview committee, consisting of Councilor Link, Councilor Morke, and City Administrator, Mark McNeill, has interviewed the candidates and is recommending the appointment of the candidates as shown on the attached memorandum from Mr . McNeill . Mr . Jason Bullard currently serves on the Park and Recreation Advisory Board (PARB) . He was recently hired as the City' s Assistant Finance Director and as a City employee is no longer eligible to serve on a board or commission-City Code Sec. 2 . 50, Subd. 2 . This creates an additional opening on the PRAB. DETERMINING SUCCESSFUL CANDIDATES : According to Resolution No. 2206, if there is more than one person nominated for an opening, the City Clerk shall distribute paper upon which each Council member shall write his preference for the appointment to the opening and sign their name . Then the Mayor shall open the paper ballots and announce how the votes were cast . If the person receiving the most votes does not have Appointments to Board and Commissions February 8, 2000 Page 2 a majority vote of the Council members present, then there shall be a second paper vote between the top two candidates . If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates . After a candidate has received a majority vote on a paper ballot, the Mayor shall announce his or her name and the fact that he or she has a majority vote . All ballots shall be turned over to the City Clerk for proper filing. After it has been determined who the candidates are that have received the majority vote, their names should be inserted into Resolution No. 5313 . To speed things along, in the past City Council has filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes are tallied with the first results presented to Council members when the matter comes up on the agenda . If additional voting is necessary it would take place at that time. Council may wish to follow this procedure to expedite the process . (BALLOT ATTACHED) BOARD OF REVIEW: The current Board of Review is comprised of five members consisting of three citizens and two council members . This year we have two terms expiring and three interested citizens . The citizens are appointed to serve a three-year term. Council may wish to consider appointing all three candidates and have only one council member on the Board. The interview committee was impressed with the candidates and recommends appointment of all three and having only one Council member on the Board. So as not to have all three terms expire in the same year it is recommended the one term be set for one year, at this time . Mr . Cory Bullard' s term, the 4th member, expires in two years . (The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the City Council . The Council determines the number of members, the compensation and expenses, and the terms of office . At least one member of the special board must be an appraiser, realtor, or familiar with property valuations in the assessment district . - from the League Handbook) For Your Information ! Appointments to Boards and Commissions February 8, 2000 Page 3 If City Council is prepared, it would be desirable for the appropriate number of council members (1 or 2 to make up the five member Board) to be designated at this time to serve on the Board of Review this year. The Board of Review has been set for Tuesday, May 9th at 7 : 00 p.m. and if necessary, would be continued to Tuesday, May 23rd at 7 : 00 p.m. (Board of Review is held in the council chambers) RECOMMENDATION: On February 8th, 9th, and 10th, interviews were held. As a result, the committee is recommending the following be appointed to service on the boards and commissions : Planning Commission - Fill terms - incumbents Mary Romansky and Michael Willard; Lori Gillick to fill unexpired 3 year term; Mark Houser to fill unexpired 1 year term. Park & Rec Advisory Board - Full terms - incumbents John Collins and Dave Vosejpka; Kathy Gerlach to fill unexpired 2 year term. Shakopee Public Utilities - Incumbent David Thompson Police Civil Service Commission - Incumbent Stan VonBokern Cable Communications Advisory Commission - No candidate recommended. Shakopee Community Access Corporation Board of Directors - Incumbent Bob Ziegler; Gary Morke - Liaison/Voting Member; Ken Jaus Building Code Board of Adjustments & Appeals; and Housing Advisory & Appeals Board - Incumbent Gene Juergens Board of Review - Incumbents Brian Call and Eldon Reinke; Colleen Zastrow Library Study Board - Jane DuBois (Chair) , Anne Seifert, Peggy Hullander, Patty Grunklee, Gini Wermerskirchen; also Scott County Library Director, Shakopee Librarian, Shakopee Representative to Scott Co. Library Board Don McNeil, and Representative of the Shakopee Friends of the Library Sandra Perusich. Transit Commission - Eldon Reinke, Bill Anderson (3 year terms) ; Marie Doyle, Fred Dean (2 year terms) ; 1 year term vacant . Appointments to Boards and Commissions February 8, 2000 Page 4 RECOMMENDED ACTION: 1 . Complete 1st ballot and give to City Clerk at the meeting prior to roll call . 2 . Determine number of citizens for the Board of Review (currently there are 3) . 3 . Conduct additional ballots as needed. 4 . Insert the names of the top vote getters into Resolution No. 5313 . 5 . Adopt Resolution No. 5313 6 . Designate Councilor (s) to serve on the Board of Review. i:clerk\patty\b&capp2000 RESOLUTION NO. 5313 A RESOLUTION APPOINTED INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. Mary Romansky and Michael Willard are appointed to the Planning Commission and Board of Adjustments and Appeals for four year terms expiring February 28, 2004. 2 Lori Gillick is appointed to the Planning Commission and Board of Adjustments and Appeals to fill the unexpired term of Cory Bullard until February 28, 2003 3. Mark Houser is appointed to the Planning Commission and Board of Adjustments and Appeals to fill the unexpired term of Gary Morke until February 28, 2001. 4. David Thompson is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2003. 5. Stan VonBokern is appointed to the Police Civil Service Commission for a three year term expiring February 28,2003. 6. John Collins and Dave Vosejpka are appointed to the Park & Recreation Advisory Board for three year terms expiring February 28, 2003. 7. Kathy Gerlack is appointed to the Park and Recreation Advisory Board to fill the unexpired term of Jason Bullard until February 28,2002. 8. Bob Ziegler and Ken Jaus are appointed to the Community Access Corporation Board of Directors for three year terms expiring February 28, 2003. 9. Gary Morke is appointed to the Community Access Corporation Board of Directors for a one year term expiring February 28, 2001. 10. Eldon Reinke and Brian Call are appointed to the Board of Review for three year terms expiring February 28, 2003. 11. Colleen Zastrow is appointed to the Board of Review for a one year term expiring February 28, 2001. 12. Eldon Reinke and Bill Anderson are appointed to three year terms expiring February 28, 2003, and Marie Doyle and Fred Dean are appointed to two year terms expiring February 28, 2002, on the Transit Commission. 13. Jane DuBois,(Chair), Anne Seifert, Peggy Hullander, Patty Grunklee, Gina Wermerskirchen; also Scott County Library Director exofficio, Shakopee Librarian exofficio, Shakopee Representative to Scott. Co. Library Board Don McNeil, and Representative of the Shakopee Friends of the Library Sandra Perusich are appointed to the Ad Hoc Library Study Board. 14. Gene Juergens is appointed to the Building Code Board of Adjustments & Appeals and the Housing Advisory& Appeals Board for a three year term expiring February 28, 2003. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of February, 2000. Mayor of the City of Shakopee ATTEST; City Clerk i:clerk\patty\res 5313 RECOMMENDATION: On February 8th, 9th, and 10th, interviews were held. As a result,the committee is recommending the following be appointed to service on the boards and commissions: Planning Commission—Fill terms—incumbents Mary Romansky and Michael Willard; Lori Gillick to fill unexpired 3 year term; Mark Houser to fill unexpired 1 year term. Park& Rec Advisory Board—Full terms—incumbents John Collins and Dave Vosejpka; Kathy Gerlach to fill unexpired 2 year term. Shakopee Public Utilities—Incumbent David Thompson Police Civil Service Commission—Incumbent Stan VonBokern Cable Communications Advisory Commission- No candidate recommended. Shakopee Community Access Corporation Board of Directors—Incumbent Bob Ziegler; Gary Morke—Liaison/Voting Member; Ken Jaus Building Code Board of Adjustments & Appeals; and Housing Advisory & Appeals Board - Incumbent Gene Juergens Board of Review—Incumbents Brian Call and Eldon Reinke; Colleen Zastrow Library Study Board—Jane DuBois (Chair),Anne Seifert, Peggy Hullander, Patty Grunklee, Gini Wermerskirchen; also Scott County Library Director, Shakopee Librarian, Shakopee Representative to Scott Co. Library Board Don McNeil, and Representative of the Shakopee Friends of the Library Sandra Perusich. Transit Commission—Eldon Reinke, Bill Anderson(3 year terms); Marie Doyle, Fred Dean(2 year terms); 1 year term vacant. PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO JUDY BEFORE THE ROLL CALL ON FEBRUARY 15,2000 FEBRUARY 15, 2000 BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS Planning Commission and Board of Adjustment and Appeals (Vote for 4) Economic Development Advisory Includes unexpired terms of Cory Committee (Vote for 5) Bullard and Gary Morke Jeff Jansen Craig Ballard Brian Langdon Lori Gillick Jay Lyle Mark Houser Scott O'Brien Brian Langdon Jim Plekkenpol Jay Lyle Bryan Sorenson Scott O'Brien Mary Romansky* Jay Rubash Library Study Board(Vote for 5) Michael Willard* X Jane DuBois(Previously appointed) Patty Grunklee Park and Recreation Advisory Board Peggy Hullander (Vote for 3) Ken Jaus Includes unexpired term of Jason Anne Seifert Bullard Gini Wermerskirchen Duane Wermerskirchen John Collins* Kathy Gerlach Ken Jaus Jay Pexa Jay Rubash Dave Vosejpka* Shakopee Public Utility Commission (Vote for 1) Fred Dean Jay Rubash David Thompson* Councilmember *Incumbent is. • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Metricom Agreement DATE: February 8, 2000 INTRODUCTION: The Council is asked to enter into a proposed Right-of-Way Permit and Facility Use Agreement with Metricom, Inc. BACKGROUND: Metricom is a wireless Internet, e-mail, and local area network access provider which is entering the Twin Cities market. As compared to cellular phone providers,which have typically seek locations for large monopoles or other high antennas, Metricom will provide its services through a series of radio sites initially, and later through antenna sites. Contact with the receiver units will come from shoebox-sized radios that are to be mounted horizontally on light or utility poles, ideally thirty-five feet off the ground. For that reason, it is approaching the City of Shakopee seeking authorization to use the public right-of-way. Because Metricom desires to be in 75 other cities in the Metropolitan area, a single Agreement has been negotiated through the Suburban Rate Authority, of which Shakopee is a member. Coincidentally, Jim Strommen, of the City's law firm of Kennedy& Graven, is the attorney for the SRA, and therefore,has been involved with the negotiations with Metricom. The standard Agreement that has been approved for use by the Suburban Rate Authority and the League of Minnesota Cities provides for the following: 1. An initial nine year lease, with three options to renew at five years each. Note that the City has the ability to terminate at the end of nine years, after providing a 180 day notice. 2. Metricom will pay to the owner(either City or SPUC): IMO6. • $60.00 per light or utility pole utilized per year,with a CPI adjustment every five years; • 1%of the gross revenues derive from Metricom operations within the City; • Initial permit fees; • 10 free subscriptions to the receiving unit itself,which is expected to be priced at about$40 per unit per month. DISCUSSION: Because the locations have yet to be determined, it is unknown as to where the $60.00 per year per pole will be distributed—the City owns the street light poles; SPUC owns the utility poles. Revenue will be modest—these will need to be seven of the sender units per square mile. The payment to the City as the result of the 1%of gross revenues is, of course, controlled by the number of users within a city. Metricom anticipates a penetration rate of about 2% of the population of the city. Using a population of 20,000 (slightly larger than now),this translates to 400 customers in Shakopee. 1%of the gross revenues will be,therefore, about$2,000 per year. There are no permit fees as yet as established by the City. Probably the biggest benefit to the City will be the use of ten"Ricochet"receiver units. While the ten will be divided between SPUC and the City,the ability to access Internet sites and use e-mail at remote locations will be of benefit to police, fire, and other services of the City. RECOMMENDATION: I recommend that the City enter into the Right-of Way Permit and Facility Use Agreement as presented. If a separate agreement is necessary with Shakopee Public Utilities for the use of utility poles,that agreement will need to be negotiated and approved by the SPUC Commissioners. ACTION REQUIRED: If the Council concurs, it should,by motion,authorize the appropriate City officials to enter into a Right-of-Way Permit and Facility Use Agreement with Metricom Inc. ' J L 1 � Mark McNeillJu,�,p� City Administrator RICOCHET® BY METRICOM®: BETTER WIRELESS DATA SERVICES FOR YOUR COMMUNITY I h _- $0 ki Ai. r w7 r r U a PG' r \ -';: -!:',;/1;ale'!7 "Having Ricochet means that the students at Malcolm X Elementary are able to \ access a very crucial'research and communications tool, and, ultimately, become better lifelong learners." DR.JOHN PELL, PRINCIPAL MALCOLM X LEMENTARY,WASHINGTON, D.C. \ 0 IMAetricom RICOCHET BY METRICOM "••"6,&–ii",--,\r~ Would you like to offer your community '''''- low-cost, high-speed online access — with • E no cabling,trenching or public investment? Metricom's fourteen-year track record speaks , '' ,! r . _ for itself. Our experience enables us to offer the fastest and most reliable mobile data services in "San J.se is known throughout the world as the the industry. Leapfrogging current performance Capi al of Silicon Valley. We have earned this standards, our new network will provide your disti ction, not only because we house the nation's constituents wireless Internet, e-mail, and local top high-tech firms in our own backyard, but area network access at speeds up to 128 Kbps — comparable to expensive ISDN connections. be ause we use the latest state-of-the-art technology ', iour day-to-day operations. Our police and fire lams,finance department, libraries, and Inter- 11 Airport management use Metricom's wireless data network to access information and 1 communicate in real time from off-site locations. ,;, Being able to utilize key technology while retaining 1 ,::.;. _ , a sense of community is San Jose's key to success." . mak. .1'''. ,* MAYOR SUSAN HAMMER ,,V .,e. t„r CITY OF SAN JOSE "'j ., WIRELESS 't.,e',*'.;y •'' With Ricochet service, inspectors can issue permits . " - from the field, mobile libraries can have Internet i 4: , access, a orneys can check e-mail from the ft "t ' - - t!,, court court ,"4: ealtots,and contractors can keep in L,l touch , . , ,1k '-Q i:ces.'Grandparents can . ,-,r° communicate it ed ones online.The uses are ,. F practically limitless! Y: * m./ - 41tr,,, . 11))1,414 1994:City of Cupertino,California,and Stanford University test Ricochet fret, . � t,, i - SIMPLE ,` Because Metricom's Ricochet poletop radios are sd�.simple to �, install,bringing wireless Iernetjaccess to public agencies, s \I schools,and corporate tenants becomes much easier — even in areas where it would be difficult to provide additional c. ',ling. . ----- 7 4 ,„, .-,-...„, , _.: ., Many small and large corporations use Ricochet wireless \y technology extensiv ly.They appreciate the flexibility of b='ng able to relocate dat lines without rewiring. +� 1 J Seattle City Light ; field crews save time by , I, using Ricochet to log onto their internal network and obtain critical repair information from remote locations. 101 . .'” SEATTLE CITY LIGHT,POWER UTILITY COMPANY "Ricochet is a product that does what it says, and it could be a boon for mobile users — or for anybody who's tired of hassling with telephone connections to the Internet." ' WALT MOSSBERG THE WALL STREET JOURNAL VALUABLE Many government agencies already use Ricochet, including local post offices,public schools, and city -ti.: . councils. Residents can order stamps using the system ,�,._ i u • _ and can participate wirelessly in city council meetings. o --- . Seniors can enjoy e-mail and communicate with loved ones far away. With laptops and Ricochet modems in squad cars,police departments can file reports from the - field, allowing officers to spend more time on patrol. J ,t.emce. . 199c:San Joce is Metricom's first co—ered city«ith,1't,vnd-alone holurl.au n of oc er 1,000,000... 1196:Seattle and Washington,D.C.launch Ricochet wireless servie.' NQS ' +. ; ,; CONVENIENT {:f . . Because of our unique network design and patented , F routing technology, Ricochet users do not experience the •y' _. t well-publicized busy signals and disconnections that cause r : - +-, dissatisfaction among users of other popular online '° r' services and wired Internet service providers. Our ry.ity: R y packet-switched system uses available radio frequencies ltril `` : • so efficiently that it's easy to add additional users onto r Or the same channel. Expanding network . w t _ ° p g capacity and , , coverage is as simple as mounting new radios. And %,='F' t,... :1,,.,.. ..., _,. ' . ".,'• because the Ricochet network is completely private ;� 1 to the point it reaches the Internet,we provide unmatched / wireless security through RSA encryption. ,1 1` "Because of the way 1 the phone lines were set up, in the past, LOW IMPACT we had to run from the counter to the back of the shop to scan a credit card. Greater demand for Internet access,fax lines, and And, what's worse, with every purchase, additional phone service has placed a significant , we were tying up a phone line. burden on existing phone capacity. Increasing I, Most of our business is over the phone, bandwidth for these technologies typically so we can't afford to lose customers involves a significant infrastructure upgrade. to a busy signal. With Ricochet, Metricom,however, simply installs small radio we don't have to." transceivers on streetlight and utility poles, at no cost to your community.These TAMI MURRAY, OFFICE MANAGER shoebox-sized radios have low visual or FENA FLOWERS, SEATTLE,WA environmental impact. It's the fastest, easiest way to increase available bandwidth for data services — - without trenching,cables or street hardware.We are proud to offer a technology that has such little / - impact on your neighborhood. Radios are generally mounted on less than 3% of poles in a given region,and operate in the public spectrum, similar to devices like garage door openers and baby monitors. 'v97:Ricochet begins development of a high-speed,128K,wireless nets irk... 1998:Metricom wins state approval for usage of Southern and Cental California street lights... EXPANDING Hundreds of communities like yours have given 1 li Metricom right-of-way approval.We have installed thousands of streetlight radios,providing access to I some of the country's most prominent institutions -I ;if M1� — organizations like the United States Senate, t1 goo Microsoft and the NASA-Ames Research Center, and universities like Stanford and George Washington University. Municipal employees use • our services in growing numbers.We continue to , I gain new subscribers in the San Francisco Bay Area, ' )11 Seattle, and Washington,D.C. regions and also offer c-\-—,•--vw- coverage to many corporate campuses and airports P SER 7 throughout the nation. ' 'j•. I OPPORTUNITY AWe're offering you a unique public-private . opportunity to bring your community new 1 , ways of communicating — without wires. 4 A simple right-of-way approval is all it takes to get on board.With the Ricochet network k? and wireless technology,you can be online anytime, anywhere. Prepare your community for greater productivity with Ricochet 2 _' 1 high-speed wireless communications from "Ricochet Metricom. has given me total independency I can set up my laptop and portable printer a d A representative will contact you to discuss our dazzle potential buyers with color presentatz ns right-of-way application. of homes anywhere in the marketplace. I can \ call up the latest listings right there, so the, For more information on the Ricochet system by \ customer gets instant information and I get Metricom, see us online at www.metricom.com. a potential sale." requests to:rightofway@ricochet.net. IGH KELLY,BROKER PARUE REAL ESTATE,WASHINGTON,D.C. IIIM ,-M Metricom,Inc. _ / ; /. (NASDAQ: / ' 1� MCOM),founded in 1985,is the leader r � _ ( 1 in wireless data :r, communications technology,and develops and r'-',,,,,,-,,,F -41 markets the i Ricochet wireless network and services.Ricochet N'.--.-..,.. f offers low-cost, r� high-performance, A and easy-to-use \` ,-. ,w;-t l�, data communi- cations for a broad range of personal tj and commercial il. _ applications.Our wireless service . /(, r`t. gives users fast, reliable,unlimited _r i 1 , , 4 access to the Internet,e-mail, private intranets, Granting Metricom access to your right-of-way ensures/... local area networks NO SURPRISES BENEFITS TO YOUR CONSTITUENTS (LANs),and online • Metricom has a fourteen-year track record in ! services.To learn Wireless freedom the wireless telecommunications industry more about • Radios are installed in hundreds of • Travels with your laptop or handheld device municipalities across the U.S. • No need to install an extra phone line Metricom and the • Thousands of satisfied subscribers prefer • Send e-mail without tying up a phone line Ricochet service,tay in touchregardless o Ricochet over •wire line services • Sonline, f location visit us online at ' EASE OF ADMINISTRATION Unlimited access www.metricom.com • Each radio installed by Metricom in minutes • Stay online 24 hours a day or www.ricochet.net. • Minimal maintenance or ongoing • No busy signals administration re •uired • No dropped connections q Metricom,Inc. 1,0W AESTHETIC IMPACT Low flat-rate pricing 980 University Avenue • Shoebox-sized radios are mounted on • No airtigie charges Los Gatos,CA 95032 •Txisting structures • No billing surprises ypically,about seven radios installed per 408.399.8200 square mile(less than 3% of streetlight poles Convenient technology c pel-region) •• ISD speed—performance comparable to wwvl metricot .com wire ane solutions • No trenching,cabling or street hardware wwvicrioochet.net,, • Co patible with desktop,laptop or handheld ENVIRONMENTAL SAFETY co puter devices ; rightofw�y@metricom.com • A security—safe against eavesdropping '` '1"`' • Authorized by the FCC to operate in the `u • •, public spectrum under Part 15 of FCC rules; '; ' :" ``'a%' . ; '' ,r• other Part 15 devices include garage door /` •'.%'r;<', - openers and baby monitors / ' Copyright©1998 Metncom,Inc.All rights reserved.As with telephone modems and wireless services,speeds vary based on location,application,hardware,and software. I I ,•• s To benefit from the Ricochet wireless services offered by Metncom,psers must be within the coverage areas of the Ricochet wireless network.Metricom,Ricochet,and Metricom • :p- • ` MicroCellular Data Network are registered trademarks of Metricom,Inc All other trademarks are the property of their respective owners.Additional photos by Larry Dale Gordon and Stephen Wilkes,01995 The Image Bank ' Printed on recycled paper P/N ROW1-5/98 Writer's Direct Phone: 612-403-7842 February 3, 2000 Mr. Mark McNeill City Administrator 129 Holmes Street South Shakopee, MN 55379-1329 rer.Today's-Meeting AboutMetriconts ROW Agreement Dear Mr. McNeill: Thanks for yourtime-andinterestinrour meeting_taday, concerning final steps to bring Metricom's innovative new"Ricochet®"wireless internet and data service to residents and businesses in Shakopee. I have-attached -three-"executable-originals" of Metricam's "Right-of-Way Permit and Facility Use Agreement" (ROW)for signature by you and Shakopee's Mayor. These ROWs are the same as the-"final-revision" I gaveyouu in our meeting. As we discussed,this "final revision" of the ROW was done in concurrence with Mr. Tom Orundhoefer, General Counsel-for the-League-of Minnesota-Cities(LMC), and with Mr. Jim Strommen, Shakopee's City attorney, and attorney for the Suburban Rate Authority(SRA). All changes were-finalized_in late_December, 1999. If possible, we would like to be on the next available City Council agenda (consent agenda if possible since-your attorney, Jim.Strommen,is already comfortable with the ROW document). I will plan to attend that meeting if possible,to answer any questions City Council members may have. Please-use_the-number-atthetop of the-page-to confirm.council meeting date and time. After the ROW is signed by Shakopee, I will ask Metricom to execute them, and return one original far city files. As soon-asthe_ROW is executted,we-can complete final planning for the actual placement of pole-top radios. As-you know,webelieve-thisROW goesbeyand-statutory requirements for compensating cities for Metricom's very minimal impact on public rights-of-way. Our service typically requires no digging-in_.or adjacent streets.,na underground_conduits,no street cuts,no significant Page 1 of 2 inconvenience to traffic(since we estimate only 15 minutes to install each pole-top device), and only abouts_to 7 "shoe-box" size-pole-top devices per square mile mounted on existing light structures. This is truly minimal impact on a right-of-way, but it brings a significant benefit of new competitive services to your citizens! We also think this ROW is a fair way to document methods for using public rights-of-way to bring innovative-new services-tothe-public,which in turn can attract people and business to your community. We want to be fair to all cities, and we believe that fairness is best ensured with a standard document. At our meeting, I also-agreed-to work-with both Lou Van-flout and Joe_Adams,to work out details related to our radio's power consumption,via a separate utility agreement for the actual radios installedon.poles-in-your Shakopee Public Utilities service area. I believe I answered most of their questions, so thanks for inviting them to our meeting ... I will follow up with them immediately. Thanks again_for you_interest_anj assistance-in_bringing_this innovative new Ricochet® service to your constituents. Sincerely, "211-4,X. Max W. Thompson Metricam 1•oval Market Manager cc: Louis Van Hout- Utilities Manager(without ROW attachment) Joseph Adams- Shakopee Public_Utilities(without ROW attachment) Page 2 of 2 inconvenience to traffic(since we estimate only 15 minutes to install each pole-top device), and wily about 5 to 7 "shoe-box' sizepole-top devices per square mile mounted on existing light structures. This is truly minimal impact on a right-of-way, but it brings a significant benefit of new competitive services to your citizens! We also think this ROW is a fair way to document methods for using public rights-of-way to bring innovativenew services-to-the-public,which in turn can attract people and business to your community. We want to be fair to all cities, and we believe that fairness is best ensured with a standard document. At our meeting, I.also agreedto-work withbothLou Van flout and Joe_Adams, to work out details related to our radio's power consumption,via a separate utility agreement for the actual radios instaile Lou polesinyouur_Shakopee_public Utilities service area. I believe I answered most of their questions, so thanks for inviting them to our meeting ... I will follow up with them immediately. Thanks again for you interest-and assistance-in bringing this innovative new Ricochet® service to your constituents. Sincerely, At,X. Max W. Thompson Metricom LocaLMarket Manager cc: Louis Van Hout- Utilities Manager(without ROW attachment) Joseph_Adams- Shakopee Utilities(withoi t ROW attachment) Page 2 of 2 Writer's Direct Phone: 612-403-7842 February 3, 2000 Mr. Mark McNeill City Administrator 129 Holmes Street South Shakopee, MN 55379-1329 re:Today'sMeeting-AboutMetriconts ROW Agreement Dear Mr. McNeill: Thanks for yo rti .andJnterestin-our meeting today, concerning final steps to bring Metricom's innovative new"Ricochet®"wireless internet and data service to residents and businesses in Shakopee. I-have-attached_three_"executable originate.' of Metricom's "Right-of-Way Permit and Facility Use Agreement" (ROW)for signature by you and Shakopee's Mayor. These ROWs are the same as the-"final revision" L gave-you in our meeting. As we discussed,this "final revision" of the ROW was done in concurrence with Mr. Tom Orundhoefer, Oenera.LCounseL for.the-League_of Minnesota.Cities(LMC), and with Mr. Jim Strommen, Shakopee's City attorney, and attorney for the Suburban Rate Authority(SRA). All changes were_finalized.in-late.December, 1999. If possible, we would like to be on the next available City Council agenda(consent agenda if possible since-your attorney, Jim Strommen, is already comfortable with the ROW document). I will plan to attend that meeting if possible,to answer any questions City Council members may have. Please-use-the--number-atthe_top-of the.page ta-confirm council meeting date and time. After the ROW is signed by Shakopee, I will ask Metricom to execute them, and return one original for city files.- Assoon as the-ROW is executed,we can complete final planning for the actual placement of pole-top radios. As you know,we-believe-thisROW goesbeyond_statutory requirements for compensating cities for Metricom's very minimal impact on public rights-of-way. Our service typically requires no digging_in_or adjacentto streets,,naundergroun4Lconduits,no street cuts,no significant Page 1 of 2 Reference Draft Highlight of changes made by Metricom as requested by LMC and SRA [NAME OF MUNICIPALITY] Right-of-Way Permit and Facility Use Agreement HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of i, , [Year of Agreement Date] (the "Effective Date"), and entered into by and between the CITY OF [NAME OF MUNICIPALITY], a Minnesota local government unit (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Commission, a mobile digital data communications radio network known as Ricochet®, utilizing Radios (as defined in § 1.10 below) and related equipment certified by the Federal Communications Commission. B. For purpose of operating Ricochet®, Metricom wishes to locate, place, attach, install, operate, and maintain Radios in the Public Right of Way (as defined in § 1.9 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINmONs. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i , - _ • : • . ' i . , . - - ' - : . - • , • . . , : . • : - : • . . - : - •. . .• : : any utility users' tax, Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality]::Metricom,Inc. Page 1 of 17 communications tax, or similar tax or fee; (ii) local, I state, or federal taxes that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. 1.2 City. "City" means the City of[Name of Municipality]. 1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement. 1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 MPUC " MPUC" means the Minnesota Public Utility Commission. 1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Public Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Public Right of Way. "Public Right of Way" means the space in, upon, above, along, across, and over the public streets, roads, highways, lanes, cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any person or entity other than the City, except Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality] Metricom,Inc. Page 2 of 17 as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. If the City adjusts its boundaries pursuant to Minn. Stat., Chap. 414 through annexation, incorporation, combination, detachment, or other means, this Use Agreement shall be binding on the entire area within the City's boundaries after the adjustment. 1.10 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.11 Services. "Services" means the mobile digital communications services provided through Ricochet® by Metricom, which services consist principally of wireless Internet, e-mail and local area network access and may include transmission of sound and video images;provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video or cable television communications services except as may be considered standard Internet content. 2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless - ; ' . . - - - - •- -ither party notifies the other of its intention not to renew not less than thirty (30) one hundred eighty (180) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Right of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality):Metricom,Inc. Page 3 of 17 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet® and providing Services. In addition, subject to the provisions of§ 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities. 3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Right of Way as may be permitted by the public utility company or property owner, as the case may be for the purposes of operating Ricochet® and providing Services. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other—telecommunications information or communications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. City agrees to use reasonable efforts to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with other information or communications providers and I carriers. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality]::Metricom,hu. Page 4 of 17 3.3.1 Interference Resolution. Any actual or anticipated radio interference caused by either the presence of the Radios or the presence of any such other communications equipment or devices in the Public Right of Way shall be resolved by Metricom and any such other providers without cost to City on the basis of the applicable rules, regulations, practices, and procedures of the FCC. City agrees to assist Metricom in the resolution of any such interference dispute at Metricom's sole expense. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. The Right-of-Way Management Reimbursement provided for in § 4.1 below shall be in lieu of all other City fees, with the exception of any City permits required for the initial installation of the Radios. City shall promptly respond to Metricom's filings and shall otherwise cooperate with Metricom in facilitating the deployment of Ricochet® in the Public Right of Way in a reasonable and timely manner. 3.5 Location and Installation of Radios. The proposed locations of Metricom's planned initial installation of Radios shall be consultation—determined subject to the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of the Radios in the Public Right of Way. 4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricom's performance under this Use Agreement, in accordance with the terms set forth below. 4.1 Right-of-Way Management Reimbursement In order to reimburse City for any right-of-way management costs it may incur during the term of this Use Agreement following the initial deployment of the Radios in connection with Metricom's entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right- of-Way Rightof-Way Management Reimbursement"), which amount may be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The parties agree that such Right-of-Way Management Reimbursement represents a fair estimate of the Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality]:•Metricom,Inc. Page 5 of 17 costs of continuing management of the Public Right of Way utilized by Metricom and that such Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Right of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencing upon the date that Services are offered to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45th day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment If Metricom discovers any error in the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. City may, at any time, at City's sole option, upon ninety (90) days written notice_, require Metricom to discontinue the Right-of-Way Management Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments that would have been payable after such ninety (90) day notice period. If City requires such a discontinuation of Right-of- Way Management Reimbursement compensation, the City may then charge, on an annual basis, its actual Right-of-Way Management costs (pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163, Subd. 2 (b))1 that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual Right-of-Way management costs to the extent such costs exceed the annual retail value of the service subscriptions for which the City is eligible under Section 4.5 of this Agreement. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality]::Metricom,Inc. Page 6 of 17 • 4.1.1 Reduction of Right-of-Way Management Reimbursement by Amount of Utility Users orCommunications Tax. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, communications tax, or other similar tax or fee I which accrues to the City by operation of the City's Municipal Code or other applicable law, then the amount of the Right-of-Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest to the City, upon thirty (30) days prior written notice, the relevant portions of its books and records as reasonably necessary to confirm the accuracy of any payments due the City under this Use Agreement. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement. Where light poles or other facilities to be used by Metricom within the Public Right of Way are owned by a utility, such annual fee shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality) Metricom,Inc. Page 7o 17 days after each anniversary of the Installation Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.2. 4.2.1 CPI Adjustment. Effective commencing on the fifth (5th) anniversary of the Installation Date and continuing on each fifth (5th) anniversary thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during the previous five-year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.4 Reimbursement of City's Project Review Expenses. Metricom shall reimburse the City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000). The reimbursement provided for in this § 4.4 shall not replace or excuse Metricom from the payment of any applicable permit fee for work undertaken pursuant to the initial installation of the Radios. 4.5 Municipal Subscriber Program. In order to encourage the use of Ricochet---throughout----the---City----and t©---facilitate---creative----applications therefore, City shall have the right throughout the term of this Use Agreement to receive up to the maximum number specified below (based upon the City's population) of free Ricochet® basic service subscriptions. The number of free subscriptions which the City may receive shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows: (a) for municipalities with a population of less than 100,000, up to a maximum of ten (10) free subscriptions; (b) for municipalities with a population of between 100,000 and 249,000, up to a maximum of fifteen(15) free subscriptions; (c) for Right-of-Way Permit and Facility Use Agreement City of[Name ofMunicipalityJ::Metricom,Inc. Page 8 of 17 municipalities with a population of between 250,000 and 500,000, up to a maximum of twenty (20) free subscriptions; and (d) for municipalities of over 500,000, up to a maximum of twenty-five (25) free subscriptions. City shall designate one person who shall be responsible for ordering and receiving any subscriptions. To take advantage of this program, the designated individual should contact Metricom's Network Real Estate Department at the address stated in § 8 below City's right to use the subscriptions shall commence at the time that Ricochet® service is commercially available in the City and shall extend until the expiration of the term of this Use Agreement or through the length of time that Radios are deployed in the Municipal Right of Way, whichever is longer. City's use of the subscriptions shall be subject to the standard Ricochet® terms and conditions of use. City understands and agrees that modems and equipment required to utilize the subscriptions and any additional service subscriptions or service options the City may desire may be obtained from an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant to this section solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of same by any other person, excepting a local public entity that provides public service within the corporate boundaries of the City (e.g., municipal schools, public safety, or fire departments, etc.). The level of benefits and service provided to City by Metricom as "basic service" shall not be diminished or reduced during the term of this Use Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. 4.6 Most-Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right-of-way permit and facility use agreement with another municipality of the same size or smaller than the City as compared with cities in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington* . - . . - : . . „ - - - . - ' .. • - .. - , . . which agreement contains either (a) a higher Right-of Way Management Reimbursement as described in § 4.1 above or (ab) a higher Annual Fee as described in § 4.2 above or (bc) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above, City shall have the right to request-require that Metricom modify this Use Agreement to Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality :•Metricom,Inc. Page 9 of 17 incorporate the same or substantially similar superior benefits and such other terms. 5 RELOCATION AND DISPLACEMENT OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use its-best-reasonable efforts to afford Metricom a reasonably equivalent alternate location with no duty to incur any expenses or cost to City. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 5.1 Relocations at Metricom's Request In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use reasonable its best efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality):Metricom,Inc. Page 10 of 17 City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The foregoing notwithstanding, Metricom shall defend and indemnify the City, and its officers and employees, even in the case of negligence, unless the allegations allege (a) independent negligence on the part of the City, its officers and employees or (b) a wrongful act or omission on the part of the City or its officers or employees. Metricom shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are based on the City's or its officers or employees' negligence or otherwise wrongful act or omission in issuing a permit to Metricom or approving this Use Agreement, or in failing to properly or adequately inspect or enforce compliance with the terms, conditions or purpose of any permit issued to Metricom. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City or on account of City's exercise of its regulatory or police powers. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products-completed operations. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality] Metricom,Inc. Page 11 of 17 • The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. Prior to any five(5)-year renewal term, pursuant to Section 2 of this Use Agreement, the City may request and the parties shall bargain in good faith to increase the above minimum insurance amounts, if such an increase is warranted by industry standards or specific identified risk. Such increase, if any, shall not be effective until the commencement of such renewal term. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall state the following: (a)the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b)that the City shall receive thirty (30) days' prior notice of cancellation; (c) that Metricom's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (d)that Metricom's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in§ 8 below. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality].Metricom,Inc. Page 12 of 17 4,27.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Minnesota and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if to the City.• CITY OF[NAME OF MUNICIPALITY] Attn: [NAME OF CONTACT] [ADDRESS] [Name of Municipality], MN [ZIP] if to Metricom: METRICOM, INC. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality :Metricom,Inc. Page 13 of 17 1.18.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, stteeessersor financially viable affiliate of Metricom or to any successor-in-interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purposes of this Use Agreement. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Right of Way or any Municipal Facility and that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Right of Way and on Municipal Facilities. City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of communications services of the presence or planned deployment of the Radios in the Public Right of Way and/or on Municipal Facilities. Right-of-Way Permit and Facility Use Agreement City of[Name of MunicipalityJ::Metricom,Inc. Page 14 of 17 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement. 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Notwithstanding the foregoing, the parties agree that if a court or administrative agency of competent jurisdiction should declare a provision(s) of Section 4 of this Use Agreement invalid, then the parties shall each be obligated to negotiate in good faith to amend Section 4 of this Use Agreement and if, after one hundred and eighty (180) days from the commencement of negotiations or such extension thereof that may be agreed by the parties, the parties are unable to reach agreement on amendments hereto, then this Use Agreement may be terminated by either party-Each paw-hereby declares---that---it---would----ha-ve entered---into---this--- Ise---Agreement-a-nd---each declared-illegal;-invalid;-©r w -onstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 873-3468 regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of [State of Municipal Entity], without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Minnesota, County of [Name of County], or in the United States District Court for the District of Minnesota. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality] Metricom,Inc. Page 15 of 17 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit up to an amount of Five Thousand Dollars ($5,000.00), including (without limitation) reasonable attorneys' fees. 11.7 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. Right-of-Way Permit and Facility Use Agreement City of[Name of Municipality]::Metricom,Inc. Page 16 of 17 c ' In witness whereof, and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF [NAME OF MUNICIPALITY], a Minnesota municipal corporation By: [name typed] Its: Date: , [Year of Agreement Date] By: [name typed/ Its: Date: , [Year of Agreement Date Metricom: METRICOM, INC., a Delaware corporation By: [name typed] Its: Date: , [Year of Agreement Date] Right-of-Way Permit and Facility Use Agreement City of[Name of MunicipalityJ::Metricom,Inc. Page 17of 17 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor Licenses - Church of St. Mark DATE: February 9, 2000 INTRODUCTION AND BACKGROUND: The Church of St. Mark has made applications for temporary on-sale intoxicating liquor licenses for February 26, 2000 and July 29 and 30, 2000. They desire to be able to provide wine during their Winterfest on February 26th and beer and wine coolers during their Julifest on July 29th and 30th. I have been in contact with the Chief of Police regarding these applications. These events are something that have been going on for a number of years. There is no problem with these activities. Their applications and insurance certificates are in order. RECOMMENDED ACTION: Move to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 26, 2000 and July 29 and 30, 2000. 1 lerk I:jeanette/I iquor/stmark IS F� y1 r CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meeting—March 16h DATE: February 11, 2000 INTRODUCTION: The Council is asked to establish a workshop meeting on Thursday,March 16th, for the purpose of discussing cable television and MUSA matters. BACKGROUND: At its last meeting,the Cable Commission requested that a workshop meeting be established with the City Council so that the Council may review the cable franchise document which will be presented to Time Warner Cable as part of negotiations. It is expected that that discussion will take at least an hour. Recently, due in part to the Jackson Township annexation discussion,there has also been a suggestion made that the City Council needs to discuss the future of MUSA in the community—given the constraints on its availability,the Council should hold discussion, and, if possible, give direction to staff as to where it sees priority for MUSA applications. It is likely that this meeting will generate considerable interest from property owners. We suggest Thursday,March 16th as a meeting time. Council should give direction as to the time of day; it appears that most members of the Cable Commission would be able to start at 5:00 p.m., if that is the desire of Council. RECOMMENDATION: I recommend that Council establish a workshop meeting to be held Thursday,March 16th, at a time to be determined. ACTION REQUIRED: If the Council concurs, it should,by motion, call for a workshop meeting to be held Thursday, March 16th,to discuss cable television franchise renewal options, and MUSA. It should designate a time for this workshop meeting. P7/ ice Mark McNeill City Administrator /SJ� S: CITY OF SHAKOPEE Memorandum UJ ` J NT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Textron Financial Corporation Estoppel Certificate DATE: February 9, 2000 INTRODUCTION: City Council is asked to authorize the proper City officials to execute an estoppel certificate for Textron Financial Corporation. BACKGROUNND: During the platting and development of the Stonebrooke Golf Course, the City granted the developer a 99 year lease over a small parcel of property to Stonebrooke Golf Course Partnership, lessee. The lease provides for maintenance of the property by the lessee as well as the maintenance of public liability insurance naming the City as an additional insured. One partner of Stonebrooke Golf Course Partnership is buying out the other partner. The lease is being assigned by Stonebrooke Golf Course Partnership, seller, to GRL Investment Company LLC, buyer. The financial institution, Textron Financial Corporation, involved in the refinancing is requesting that the City execute an estoppel certificate relating to this lease. Textron Financial Corporation is requesting the estoppel certificate in order to insure their right to the lease should there ever be a foreclosure on the mortgage and they take over running the Golf Course. The City Attorney has reviewed the estoppel certificate and said that there is no problem with the certificate and it makes sense for the City to execute it. RECOMMENDED ACTION: Authorize the appropriate City officials to execute an estoppel certificate for Textron Financial Corporation relating to a lease agreement between the City and Stonebrooke Golf Course Partnerhsip dated December 19, 1989. I:\clerk\Judy\estoppelcert FEB. -07' 00 (MON) 11 : 11 OLSON USSET & WEINGARDEN P. L. L. P TEL:612 925 5879 P. 002 41-111 ate+ ,.uuu .u.10 i 1 Z5TOrfe.i Cele I ie ►4t e Textron Financial Corporation 4550 Northpoint Parkway, Suite 400 Alpharetta, Georgia 30022 Attn: Vice President —Golf Finance Re: Ladies and Gentlemen: The undersigned is the Lessor under a Lease Agreement(the"Lease")with Stonebrooke Golf Course Partnership dated December 19, 1989,which Lease has been assigned to GRL Investment Company LLC (the "Lessee") covering the property described therein, ("Leased Premises"). With the understanding that you are relying upon the statements and representations herein, the undersigned hereby certifies, represents,warrants and confirms to you,your successors and assigns, that, as of the date hereof: 1. lease Effective. The Lease sets forth all of the agreements and understandings between the undersigned and the Lessee with respect to the Leased Premises; there are no other written or oral agreements or understandings between the undersigned and the Lessee with respect to the Leased Premises; the Lease is in full force and effect in accordance with its terms; and the Lease has not been altered, amended, modified, changed, supplemented, terminated, canceled or superseded in any manner. Attached as ExhihIL.A is a full, true, complete and correct copy of the Lease, together with all exhibits and attachments thereto, 2, Tern. The term of the Lease commenced on January 1, 1990, and will terminate on January 1, 2089, 3. No r).fuult. No default by Lessee in the performance of the agreements, duties, obligations, terms and conditions under the Lease to be performed by Lessee exists on the date hereof, and no event has occurred which, after the passage of time or expiration of any notice, grace or right to cure period provided for by law or in the Lease, would constitute a default by Lessee under the Lease. 1114/00\ 12:01 PM\ 05321‘:00060\• 146269\I FEB. -07' 00 (MON) 11 : 11 OLSON USSET & \ E I NGARDEN P. L. L. P TEL:612 925 5879 P. 003 ..... � rb.vv �J•G1 u...ii u.r r. i 4. int. The undersigned consents to and acknowledges that Textron Financial Corporation("TFC")has been granted a mortgage lien by I-essec on the leasehold estate of Lessee created under the Lease, and in the event of a foreclosure of such mortgage lien or a granting of a deed in lieu thereof, the undersigned will recognize TFC as the Lessee thereunder. 5. Avthgnry. The person signing this Estoppel Certificate is authorized to execute the same and to bind the undersigned by proper action or resolution, or by law. This Estoppel Certificate shall be binding upon the undersigned and its successors and assigns, and shall inure to the benefit of you and your successors and assigns, and to no other person, party or entity. Dated: CITY OF SHAKOPEE, a Minnesota municipal corporation By: Its: Attest: Its: Address: • Subscribed and sworn to before mc this day of , 199_. Notary Public : 1/14/00‘. 12:01 PM\ 05331\ 00060\. 146268\1 2 FEB. -08' 00 (TUE) 08:48 OLSON USSET & 11'E I NGARDEN P. L. L. P TEL:612 925 5879 P. 002 JRN. 1?.2000 11:22RM LPURENT BUILDERS INC NO.957 ' P.2i5 • .EASE A.CIEVENT THIS LEASE AGREEMENT is made and entered into this J9rh day of _ Dec ember 1989, by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation (hereinafter "Leseor") , and STONEBROOKE GOLF COURSE PARTNERSHIP, a Minnesota partnership (hereinafter "Lessee") . VITNESSETH: 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 Lwesor 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/vest portion of Lakoviav Drive, all located within the plat of Timber Trails. Subject to an naoement 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 an the .TS:, day of „Inn_ l�,_y , 192.0_, and ending on the 1st day of .Tar.uary , 2033, 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 cermR and conditions, all of which the patties 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 emperse 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, vith 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 currant, endorsed copies thereof shall be provided to Lessor prior to Lessee' s occupancy of the Premisae and at all times thereafter during the term. Lessee shall defend. indemnify and osve 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 ar in connection with any use, nor.-uaa, possession or operation of the Premises , FEB. -08' 00 (TUE) 08: 48 OLSON USSET & SNE1NGARDEN P. L. LP TEL:612 925 5879 P. 003 .1faN. 1'.2002 11:23AM LAURENT BUILDERS INC N0.95Y P.4/5 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 Laaae Agreement, without any interruption by Lessor, its successors and assigns, and Lessor does and will warrant Lessee in the peaceable enjoyment and possession of caid leased premises during the term thereof. 5. 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 is 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 vith 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, re;.ur:a receipt requested. The parties hereto agree to execute and file for record a Termination Agreement evidencing their intent to terminate under the teres 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 vHEREOF, the parties have caused this agreement to be executed on the day and year first above written, LESSOR: LESSEE: CITY OF SHAKOPEE STCNE3ROCIE GOLF COURSE PARTNERSHIP By! .2N>-G124By: �v, � � � Its: __, 5P;3 _ - Xt• Partner _ - -- - -- - . By : , % By: --5•<- ---)0(1,4•-esess---(-- ts • ty A. in:,strator Its; Partner 3y: ` ,J/.L1 4 fj .ty Clens I � -2- FEB. —08' 00 (TUE) 08:49 OLSON USSET & 19EINGARDEN P. L. LP TEL:612 925 5879 P. 004 JAN. 12.c.1 11:23PM LAURLNT BUILDERS INC NO.957 P.5/5 STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT 3 90 On this 2 g day of M,4,re_la , 19 1/. before me personally appeared GAry La re t_, M_a jor and Dc nnj,cam to '__Arimr_ and Judith S . Cox ,_ giciusid City Clerk of the City of Shakopee. a Minnesota municipal corparatiirn, on behalf of said corporation. No Pu lic •., TON WAIIII1; STATE OF MINNESOTA ) i , • ,' �{ ../"! I • ss. COUNTY OF SCOTT 90 On this 20 tti day of Nia.c . lgg9/, before me personally appeared Gel y I �a„ . •.+ and Ka�.,1,I;I, 1c, � ,_.,r , the Tar•ln{r- and �.->�.1.. , of Stonobrooke Golf Course Partnership, a Minnesota partnership, on behalf of said partnership. C" SARA L. LAURENT - n-' /L C`""`'"' ' Wo•Nn• NCTAQY PtJBLIC • MINNgaoTA Notary Public SooTT OouNTY My commission owns ta.aa.ve This instrument Drafted By: 'CRASS E MONROE CHARTERED (PRIG/M) 327 So. He'ftc)xa7.71-Road, Suite•-39Q _.. . . .--. . -- _ -- --•_—•— - -- - Shakopee, MN 55379 (512) 445-5080 oc.N*, Filo Volum* d Page .�4.5 Cart-41-455.9— / Officio of severer of Tltio-soma County,MN Thou ie Ins filing Information of the document lit dins arca a t I 30 daypj A.C. t9 ■t j;JO otlock M. Poul W.Wer nemKirchen,Reuisfrar of Theo -3- IS, FIC, , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Electric Franchise Fee Establishment DATE: February 9, 2000 INTRODUCTION: The Council is asked to take actions which would provide for an electric franchise fee for Northern States Power and Minnesota Valley Electric. BACKGROUND: In 1999, Shakopee Public Utilities acted upon a recommendation by a rate consultant, and established a budget which provides for funding in the equivalent of$.0033 per kilowatt hour(kwh)to be transferred to the City of Shakopee. This is in lieu of a transfer of a dollar amount which changed on a year to year basis. One of the reasons for the SPUC Commission making this change was to establish a set amount for budgeting purposes. However, in an era of electric deregulation, SPUC is at a competitive disadvantage, in that the other two suppliers of electric power in the City— Minnesota Valley Electric Cooperative (MVEC) and Northern States Power(NSP)do not currently collect and transfer money to the City. DISCUSSION: Minnesota Valley Electric Cooperative—MVEC is an electric cooperative, and therefore, no franchise is required to be in place with the City in order for them to provide service. The City can impose a franchise fee by means of an ordinance(attached), if it so desires. Northern States Power—NSP, because it is an investor owned utility, it is required by State law to have a franchise agreement in place for any franchise fee to be collectible. However,NSP's franchise with the City expired in the early 1990's, and efforts to get renewal negotiations underway have met with no response from NSP. The City cannot technically impose the franchise fee until after the franchise is in place. In discussions with the City Attorney, it may involve taking NSP to court for this to happen. The City may seek a declaratory judgment to require NSP to sign the franchise, or at least agree to the fee provision. My understanding is that NSP has resisted the KWH charge basis for a franchise fee in the past. For this reason, a time deadline in which to have NSP respond should be established that can be done by resolution. The Council is reminded that this will be a charge which is passed through to MVEC and NSP customers. On the other hand,by virtue of the fact that the majority of Shakopee residents—SPUC customers—are now currently paying the equivalent of$.0033 per kwh,NSP and MVEC customers should not be with the advantage of not having to pay the franchise tax. RECOMMENDATION: I recommend that two actions be taken by the Council: 1. Pass an ordinance which will impose a fee on electric utilities (affecting MVEC). 2. Adopt a resolution stating that NSP has until March 31, 2000 in which to sign the franchise document that has been provided them,which includes the franchise fee. ACTION REQUIRED: If the Council concurs, it should take the following actions: 1. Pass the following ordinance: AN ORDINANCE OF THE CITY OF SHAKOPEE IMPOSING A FEE ON ELECTRIC UTILITIES 2. Adopt a resolution: A RESOLUTION OF THE CITY OF SHAKOPEE MINNESOTA, PROVIDING FOR NORTHERN STATE POWER COMPANY ENTER INTO A FRANCHISE AGREEMENT WITH THE CITY OF SHAKOPEE, ON OR BEFORE MARCH 31, 2000. LIIJCJO Mark McNeill City Administrator ORDINANCE NO.5 ,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, IMPOSING A FEE ON ELECTRIC UTILITIES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1—Electric Utilities Fee. Subdivision 1. Purpose. The Shakopee City Council has determined that it is in the best interests of the City to impose a franchise fee or its equivalent on electric utilities serving customers within the City of Shakopee. Three electric utilities serve customers within the City: Minnesota Valley Electric Co-op,Shakopee Public Utility,and Northern States Power. Minnesota Statutes §216b.36 provides that: "a municipality may require payment of a fee under this section by a cooperative electric association organized under Chapter 308A that furnishes utility services within the municipality." Minnesota Valley is an electric cooperative association organized under Chapter 308A. Subdivision 2.Fee A fee is hereby imposed on electricity delivered by Minnesota Valley to its customers within the City at the rate of$.0033 per kilowatt-hour of usage by each customer. This fee may be imposed as a surcharge on its customers, or be incorporated within the existing rates,at Minnesota Valley's option. Subdivision 3. Commencement Date. Minnesota Valley shall collect the fee from its customers commencing with Minnesota Valley's April 2000 billing month. Subdivision 4. Payment. The fee shall be payable to the City monthly with the first payment due by May 31,2000. Subsequent payments shall be due and payable to the City by the last day of each month. Subdivision 5. Review of Records. Minnesota Valley shall accompany each monthly payment to the City with a financial statement establishing the amount collected. The City shall have the right at reasonable times to inspect records regarding the fee collected and remitted. Subdivision 6. Enforcement. Any dispute regarding this ordinance will be first mediated through a mutually acceptable mediator. If the matter cannot be resolved through mediation,after reasonable efforts,either party may pursue rights available to it under the law. Section 2—Effective Date. This ordinance becomes effective from and after its passage and publication Adopted in session of the City Council of the City of Shakopee, Minnesota, held the _ day of MAYOR OF THE CITY OF SHAKOPEE ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street JMS-175528v1 1 SH I55-77 Shakopee,MN 55379 Published in the Shakopee Valley News on the day of IMS-175528v1 2 SH155-77 RESOLUTION NO.5- 19 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, PROVIDING FOR NORTHERN STATES POWER COMPANY TO ENTER INTO A FRANCHISE AGREEMENT WITH THE CITY OF SHAKOPEE ON OR BEFORE MARCH 31,2000 WHEREAS, Northern States Power (NSP), Shakopee Public Electric Utility (SPU), and Minnesota Valley Electric Cooperative(MV)all serve customers located within the City and within geographic areas as assigned under state law; and WHEREAS, SPU has entered into an agreement with the City regarding the imposition of payment in lieu of a franchise fee and the City intends to impose a fee on MV in like amount as authorized by law; and WHEREAS, the City has the authority under state law to require a franchise from NSP, including a requirement that NSP pay a franchise fee, over and above the City's cost of right-of- way management; and WHEREAS, the City previously negotiated with NSP regarding a franchise and approved a franchise subject to consent by NSP;and WHEREAS, NSP never consented to the franchise and continues to operate within the City without a franchise; and WHEREAS, the City seeks to exercise its rights under the law and require a franchise with NSP, including the imposition of a franchise fee that is the same as the fees imposed or to be imposed on SPU and MV;and WHEREAS,the City has submitted a proposed franchise agreement to NSP in December, 1999,and notified it of the proposed franchise fee,and no response has been received. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that: 1. Counsel is directed to proceed with franchise negotiations with NSP with the intent of reaching agreement on a franchise,including a franchise fee, on or before March 31,2000. 2. A franchise fee to be collected by NSP from its customers and remitted to the City shall commence at the earliest time consistent with the terms of the franchise. 3. If the City and NSP are unable to agree by March 31, 2000, on a franchise, including the franchise fee to be implemented by separate ordinance, counsel is hereby authorized and directed to pursue any and all appropriate legal action to enforce the City's rights regarding the requirement of a franchise and the imposition of a franchise fee consistent with fees imposed on SPU and MV. JMS-176040v1 SH155-23 Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk JMS-176040v 1 SH155-23