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HomeMy WebLinkAboutMay 07, 2002 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7, 2002 LOCATION: 129 Holmes Street South Mayor William P. Mars presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval Agenda 4] Mayor's Report: — 5] Approval of Consent Business (Ail 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: March 19, 2002 and April 2 2002 *8] Approval of Bills in the Amount of $490,707.16 plus $180,122.34 for refunds, returns and pass through for a total of $670,829.50 9] Public Hearings: None 10] Presentation of Certificates of Appreciation in Recognition of Emergency Medical Services Week 11] Liaison Reports from Council Members 121 Recess for Economic Development Authority Meeting: 13] Re- convene 14] Recommendations from Boards and Commissions: A] Comprehensive Plan/Land Use Plan Amendment Request from Tollefson Development for property located E of CSAH 18 and S of CSAH 16 —tabled April 2, 2002 - B] Preliminary Plat of Providence Point 3' ' located S of Hwy 169 and E of CR 79 — Res. 5711 C] Preliminary Plat of Monarch Estates, located N of 17 Ave. and E of Dublin Square— Res.5712 *D] Final Plat of Greenfield, located N of Valley View Rd. and E of Williams, St. - Res. 5713 TENTATIVE AGENDA May 7, 2002 Page —2- 15] General Business: A] Parks and Recreation * 1. Kristi Kruger Resignation from the Park and Recreation Advisory Board *2. Extension of Vending Contract with Midwest Coca Cola 3. Skate Park Supervision, Fees, and Verification of Residency — Res. No. 5714 B] Community Development 1. Michael Werth Appeal of BOAA Conditions for CUP for Class II Restaurant 2. Beverly Koehnen Appeal Concerning the CUP for Shakopee Gravel, Inc. 3. Waiver of Minor Subdivision Criteria — Mark Cemensky 4. Waiver of Minor Subdivision Criteria — Jerome Harvieux *5. Approve Distribution of EAW for Riverplace of Shakopee *6. Extension of Final Plat Approval of Christmas Creek Addition C] Public Works and Engineerin *1. Approve Additional Design Fees for CSAH 83 /CSAH 16, Project 2001 -4 2. Agreements and Limited Use Permits for CR 17 and CR 79 Pedestrian Bridges 3. CR 17 and CR 79 Pedestrian Bridges and Trail Project Easement Acquisition 4. Overhead Power Relocation on CSAH 83 /CSAH 16, Project No. 2001 -4 5. Petition for Improvements to 17 Avenue from CR 79 to Colonial St. — memo on table *6. Accept Report and Set Hearing for Vierling Drive from Sage Lane to CR 17 — Res.5706 *7. Approve Right -of -Way Plat No. 1 for Valley View Road Project No. 2001 -5 - Res.5707 *8. Sarazin Street and Valley View Road Project Easement Acquisition D] Police and Fire *1. COPS Universal Hiring Program (UHP) 2002 Grant Application *2. Joint Powers Agreement with State of Minnesota for Access to Minnesota Repository of Arrest Photos *3. Purchase of Firefighting Turnout Gear E] Personnel F] General Administration *1. Authorize Agreement with Shakopee Community Access Corporation and Accept Transfer of Community Access Programming Assets — Res. No. 5699 *2. Calling Industrial Development Bonds for Kmart — Res. No. 5715 *3. Request for Proposals for Cable Franchise Audit *4. Accept Resignation of Dan Vroman from Telecommunications Advisory Commission 5. 129 Levee Drive Building *6. Joint Powers Agreement with Scott County for 911 Emergency Signage 16] Council Concerns 171 Other Business 18] Adjourn to Tuesday, May 14, 2002, at 4:30 p.m. REGULAR SESSION TENTATIVE AGENDA CITY OF SHAKOPEE SHAKOPEE, MINNESOTA MAY 7, `2002 LOCATION: 129 Holmes Street South Mayor William P. Mars presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval Agenda 4] Mayor's Report: — 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person /subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: March 19, 2002 and April 2, 2002 *8] Approval of Bills in the Amount of $490,707.16 plus $180,122.34 for refunds, returns and pass through for a total of $670,829.50 9] Public Hearings: None 10] Presentation of Certificates of Appreciation in Recognition of Emergency Medical Services Week 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting: 13] Re- convene 14] Recommendations from Boards and Commissions: A] Comprehensive Plan/Land Use Plan Amendment Request from Tollefson Development for property located E of CSAH 18 and S of CSAH 16 — tabled April 2, 2002 - B] Preliminary Plat of Providence Point 3 rd , located S of Hwy 169 and E of CR 79 — Res.5711 C] Preliminary Plat of Monarch Estates, located N of 17' Ave. and E of Dublin Square— Res.5712 *D] Final Plat of Greenfield, located N of valley View Rd. and E of Williams St. - Res. 5713 TENTATIVE AGENDA May 7, 2002 Page —2- 15] General Business: A] Parks and Recreation * 1. Kristi Kruger Resignation from the Park and Recreation Advisory Board *2. Extension of Vending Contract with Midwest Coca Cola 3. Skate Park Supervision, Fees, and Verification of Residency — Res. No. 5714 B] Community Development 1. Michael Werth Appeal of BOAA Conditions for CUP for Class II Restaurant 2. Beverly Koehnen Appeal Concerning the CUP for Shakopee Gravel, Inc. 3. Waiver of Minor Subdivision Criteria — Mark Cemensky 4. Waiver of Minor Subdivision Criteria — Jerome Harvieux *5. Approve Distribution of EAW for Riverplace of Shakopee *6. Extension of Final Plat Approval of Christmas Creek Addition Cl Public Works and Engineering * 1. Approve Additional Design Fees for CSAH 83 /CSAH 16, Project 2001 -4 2. Agreements and Limited Use Permits for CR 17 and CR 79 Pedestrian Bridges 3. CR 17 and CR 79 Pedestrian Bridges and Trail Project Easement Acquisition 4. Overhead Power Relocation on CSAH 83 /CSAH 16, Project No. 2001 -4 5. Petition for Improvements to 17 Avenue from CR 79 to Colonial St. — memo on table *6. Accept Report and Set Hearing for Vierling Drive from Sage Lane to CR 17 — Res.5706 *7. Approve Right -of -Way Plat No. 1 for Valley View Road Project No. 2001 -5 - Res.5707 *8. Sarazin Street and Valley View Road Project Easement Acquisition D] Police and Fire * 1. COPS Universal Hiring Program (UHP) 2002 Grant Application *2. Joint Powers Agreement with State of Minnesota for Access to Minnesota Repository of Arrest Photos *3. Purchase of Firefighting Turnout Gear E] Personnel F] General Administration *1. Authorize Agreement with Shakopee Community Access Corporation and Accept Transfer of Community Access Programming Assets — Res. No. 5699 *2. Calling Industrial Development Bonds for Kmart — Res. No. 5715 *3. Request for Proposals for Cable Franchise Audit *4. Accept Resignation of Dan Vroman from Telecommunications Advisory Commission 5. 129 Levee Drive Building *6. Joint Powers Agreement with Scott County for 911 Emergency Signage 16] Council Concerns 171 Other Business 18] Adjourn to Tuesday, May 14, 2002, at 4:30 p.m. ECONOMIC DEV• 1 D FOR CITY OF SHAKOPEE, MINNESOTA Regular Meeting May 7, 2002 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.) Approval of Minutes: 4. Financial A.) 4 Approval of Bills 5. Small Cities Development Program A.) Update from Carver County HRA B.) Marketing 6. Other Business: 7. Adj ourn OFFICIAL PROCEEDINGS OF ECONOMIC DEVELOPMENT 1• SHAKOPEE, MINNESOTA REGULAR SESSION April 2, 2002 Members Present: President Sweeney, Joos, Lehman, Link and Mars. Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Karen Cole, Acting City Attorney; Judith S. Cox, City Clerk; and Paul Snook, Economic Development Coordinator. I. Roll Call: President Sweeney called the meeting to order at 8:10 p.m. Roll was taken as noted above. II. Approval of the Agenda: Mars /loos moved to approve the agenda as presented. Motion carried unanimously. III Approval of the Consent Agenda: Joos/Link moved to approve the Consent Agenda as presented. Motion carried unanimously. A. Approval of Minutes for March 6, 2002. Joos/Link moved to approve the March 6, 2002 meeting minutes. (Motion carried under the Consent Agenda). IV. financial: A. Approval of Bills. Joos/Link moved to approve the bills in the amount of $ 2,712.12. (Motion carried under the Consent Agenda). V. Small Cities Development Program: A. Update from Carver County HRA. Mr. Snook stated that the Carver County HRA reported an increase in activity as a result of recent marketing activity especially in the single - family area. The Department of Trade and Economic Development (DTED) are evaluating the expansion of the commercial area. Since the commercial area has recently been expanded DTED felt that this request to further expand the commercial area should be put on hold for awhile. Mr. Snook noted that in the commercial area of the grant there has been a 19% increase in activity. He also noted that he was working with the Chamber of Commerce to host some informational meetings in the commercial area. Mr. Snook noted possibly the grant portion per project might be increased for the commercial portion of the grant. Official Proceeding of the April 2, 2002 Economic Development Authority Page -2- VI. Vision Shakopee Request Downtown Hanging Flower Baskets Mr. Snook noted that previously Vision Shakopee proposed to the City Council that Vision Shakopee would like to hang flower baskets from the lamp posts in downtown Shakopee. The Council requested that Mr. Snook look to see if the Economic Development budget had funds to fund this project as requested by Vision Shakopee because this project was an unbudgeted item for the City Council. Mr. Snook noted that Vision Shakopee hopes to establish a downtown special services district to fund this program after this year. Mr. Snook pointed out that the only line item that has enough funds in the budget to provide monies for this project was the Professional Services. Duane Wermerskirchen approached the podium and explained the concept of the flower baskets and what the funds were requested for. The special services district was discussed. Mr. Wermerskirchen state that only the commercial part of a property will be taxed for the special services district. The new vehicle (gator) was also discussed. This vehicle is able to go on sidewalks. Mr. Loney stated the Public Works Department would find a joint use for this gator. Mr. McNeill, City Administrator, will check into the City insurance on these brackets and baskets. Mars /Joos moved to authorize $7,000 from the professional services account fund of the EDA to fund the purchase of a utility vehicle and labor for the downtown area hanging flower basket program. Commissioner Lehman offered a friendly amendment that the words "not to exceed $7,000 from the EDA Fund" be added. Lehman/Link moved the words "not to exceed $7000 from the EDA fund" be added to the original motion. Motion carried unanimously. The main motion as amended now reads as follows: Mars /Joos moved to authorize an amount not to exceed $7,000 from the EDA professional services account to fund the purchase of a utility vehicle and labor for the downtown area hanging flower basket program. Motion carried unanimously. VII. Other Bu siness: There was no other business. VIII. Adjourn: Joos/Mars moved to adjourn the meeting. The meeting adjourned at 8:37 p.m. Motion carried unanimously. Ju th� S. Cox, EDA �Secretary Carole Hedlund, Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 2, 2002 Introduction -4 q-4 " L° ONS&vr Below is a listing of bills for the EDA for the period 03/29/2002 - 05/02/2002. Action Requested Move to approve bills in the amount of $38,953.51 for the EDA General Fund. Check Check Date Number Vendor Description Amount 4/10/02 72775 Kennedy & Grav Attorney $ 2,522 79 4/10/02 72745 Carver Co HRA Profess. Sery $28,692.99 5/01/02 72892 Carver Co HRA Profess. Sery $ 6,756.00 5/01/02 72973 Kennedy & Grav Attorney $ 963.50 5/01/02 73016 Qwest Telephone $ 18.23 Total $38,953.51 Description 02190 EDA 19 EDA 02190 EDA Annual Current Month Budget Actual 317,180.00 44,024.29 317,180.00 44,024.29 YTD Exp. Avail. Balance Balance % 76,939.53 240,240.47 24.3 75.7 76,939.53 240,240.47 24.3 75.7 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mark McNeil, EDA Executive Director Economic Development Advisory Committee FROM: Paul Snook, Economic Development Coordinat <1 T> QL SUBJECT: Small Cities Development Program (SCDP) Update DATE: May 2, 2002 Enclosed is the April 2002 update on the Small Cities Development Program (SCDP) from the Carver County HRA. There has recently been considerable response from property owners as a result of recent marketing efforts. In summary, the HRA reports the following SCDP funding activity: Amount % of Funds Amount Committed/ Committed/ Balance Max Avail per Funded Allocated Allocated Available Property or Unit Single Family Residential (goal: 30 units) $369,000 $295,593 80% $73,407 $19,000 Rental Residential (goal: 30 units) $121,500 $100,000 82% $21,500 $10,000 Commercial $251,250 $70,604 28% $180,646 $25,000 (goal: 15 units) TOTAL $741,750 $466,196 63% $275,553 Note: The numbers in parentheses next to the property types listed above indicate the "rehabbed property unit goals" by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. The program is being marketed one to two times per month to property owners in all three categories (not just commercial). This includes informational materials such as brochures and flyers, and staff follow -up with interested property owner / prospects to guide them through the application process at the HRA. Staff has investigated the possibility of expanding the commercial target area. Expanding this area requires a finding of slum/blight condition (based on state law) in the area that is proposed to be added. In the City's original application for this program (through consultant Community Partners research, Inc.), the full extent of slum & blight condition in the commercial area was already identified. That is, there is not a concentrated slum and blight condition beyond the identified commercial target area. Given this, the EDA and HRA staffs plan to keep a high level of intensity in marketing the program to the existing commercial target area. Small Cities Shakopee Rehab Program A large marketing effort was done for the spring construction season. Information on all of the programs was included in the Shakopee Valley News and flyers were mailed to each property owner in the newly expanded target area. The resulting interest in the program has been good. Additional marketing efforts will be made to increase the level of interest and participation. Single - Family Rehabilitation Project �� - • •• To be eligible for the program, the applicant's income must be below 80% of the area median income. The homeowner will be eligible for a 50 to 100% grant depending upon their income. The homeowner would need to provide leverage ranging from 0 to 50 %. The HRA has low - interest loans the homeowner could apply for to use as their leverage requirement. However, if they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the leverage requirement will be waived and they will receive a 100% Small Cities grant. The grant is a 0% interest, 10 -year deferred loan. If the homeowner stays in the home for 10 years, they will not have to pay the loan back. The loan is forgiven on a pro -rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRA's Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements can be done. Dave will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the homeowner will schedule a time to close on the loan with the HRA. The HRA will make the payments to the contractor(s) after the work has been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to submit to DTED) for reimbursement. Single -Fami 1 y Rehab Summar y 14 applicants have closed on their loans and work is under way. 13 of those applicants have had all of their work completed. We have had 14 new inquiries since our marketing efforts. We have received 7 completed applications back to date. There currently is enough funding remaining to assist roughly 8 additional clients. Follow up letters were sent to the 7 remaining households that did not yet return their applications. Amount Funded $369,000.00 Amount Committed $204,393.09 (closed on their loans) Amount Allocated $ 91 200.00 (have been approved) Balance Remaining $73,406.91 Applicants that have closed HRA Loan Number: NO NEW APPLICANTS TO REPORT Household Composition: Loan Amount: Gross Income: Improvements: Market Value of the Property: Reha bilitation Rental • Reca o n th prog Any rental owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. 51% of their rental units need to be leased by tenants at or below 80% of Metro Area Median Income, and the rents for all of the units would need to be at or below the Fair Market Rents. If the property is in the targeted area, and both the tenant's income and rent are within the allowable limits a property owner would be eligible for a deferred loan up to $7,500 per unit. A maximum loan amount is currently under advisement with city staff. The owner is required to match these dollars with a 50% match. This is a secured loan, which will be forgiven after seven years. Compliance of rent restriction and tenant characteristics is in force for the full seven years. The loan is forgiven on a pro -rated basis of 14.28% per year. After their application has been approved, Bill Schwanke, the HRA's Rehab Advisor and Inspector, will schedule an appointment to inspect the rental property to determine what improvements should be incorporated into the scope of work. Bill will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the property owner will schedule a time to close on the loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Bill Schwanke has inspected the work. The HRA will then submit a draw request to the City (to submit to DIED) for reimbursement Rental Rehab summary The most recent marketing effort has produced a number of in inquiries regarding the Small Cities Rental Loan Program, and a number of applications are in process but not yet complete. The applications that are the most complete have been pre- approved and are reflected in the "Amount Allocated" below. The funds remaining can fund approximately 3 additional units. Amount Funded $121,500.00 Amount Committed $ 67,500.00 (closed on their loans) Amount Allocated $ 32 500.00 (have been pre- approved) Balance Remaining $ 21,500.00 Applicants that have closed HRA Loan Number Loan Amount: Number of Rental Units: Monthly Rent: Improvements: Market Value of the NO NEW APPLICANTS TO REPORT Commercial Rehabilitation Proj ect R e cap on the Program Any commercial property owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. Note: this boundary is the small area located in the core downtown area of the bigger Small Cities targeted area. Priority is given to owner occupied structures or where leases are currently in place. Building improvements must be directed toward correcting defects or deficiencies in the property affecting the aesthetics or the property safety, energy consumption, structural/mechanical systems, habitability or handicapped accessibility of the property. Owners are eligible for 50% of the total commercial repair costs, with a maximum loan up to $25,000. The loan is a deferred loan for seven years; which is pro- rated in case of sale. Commercial Rehab Summary 3 applicants have closed on their commercial loans and the work has been completed. Two applications have been returned to the HRA and are in the process of being approved. The combined amount requested is approximately $47,000. In Mid April, staff met with property and business owners located in the target area to discuss the program. This effort yielded some interest, however, no new applications have been submitted. Based on the average loan amount to date, the available balance can fund approximately 15 to 20 additional properties. Amount Funded $251,250.00 Amount Committed $23,841.98 (closed on their loans) Amount Allocated $46,762.00 (have been pre- approved) Balance Remaining $180,646.02 p . HRA Loan Number: NO NEWAPPLICANTS TO REPORT Loan Amount: Gross Income: Improvements: Market Value of the Property: 01 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mark McNeill, EDA Executive Director Economic Development Advisory Committee FROM: Paul Snook, Economic Development Coordina SUBJECT: Small Cities Development Program marketing MEETING DATE: May 7, 2002 This is an Informational Item This memo is to bring you up to date on recent and future marketing activity for the Small Cities Development Program. • Enclosed are the brochures and flyers for the commercial, rental residential, and owner- occupied residential property owners. Also enclosed is a copy of the article placed in Shakopee Valley News. • A recent visit to commercial property and business owners has revealed interest in the program from eight prospects. • Commercial property owners that have participated in the program are assisting staff in encouraging other neighboring property owners to participate. • The next mailing to the commercial / rental residential property owners will include a copy of the Downtown Design Guidelines booklet (enclosed) to encourage owners to use the funds for fagade / exterior building -front improvements (in addition to structural work, which has been the main use of the program thus far among commercial / rental property owners). • EDA and HRA staffs are currently planning informational / application intake meetings for property owners. LU CL N 4- O v �j OL. O Q. 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" � � V p� cu 4-o 3 yea,. 1 Yo '1• Funds Still Remaining to Fix-Uur The City of Shakopee has funding available for commercial and rental property owners in Downtown Shakopee to fix -up their properties (see map on back). THESE FUNDS ARE OFFERED FOR A LIMITED TIME, SO APPLY NOW WHILE STILL AVAILABLE! COMMERCIAL PROPERTY OWNERS This program offers a deferred loan for 50% of the total commercial repair costs with a maximum deferred loan up to $25,000 per commercial property. The loan is pro -rated with a 7 -year term (this means if you still own the property and meet all of the requirements for the 7 years, you will NOT have to pay the loan back You need to be current with your mortgage, property taxes and insurance and have an ownership interest in the property. + Building -front / fagade exterior improvements that meet design guidelines are eligible. Enclosed is the Downtown Design Guidelines booklet. RENTAL PROPERTY OWNERS The Rental Rehabilitation program offers a deferred loan for 50% of the total repair costs with a maximum deferred loan to up $90,000 per unit. Rental units above commercial space are eligible for this program. The loan is pro -rated with a 7 -year term (this means if you still own the property and meet all of the requirements for the 7 years, you will NOT have to pay the loan back You need to be current with your mortgage, property taxes and insurance and have an ownership interest in the property. To apply for these funds, contact Chris Dettling at the Carver County Housing and Redevelopment Authority (952) 448 -7715, or Paul Snook at the City of Shakopee (952) 496 -9661. Applications will be taken and funds will be provided on a first come, first serve basis. Again, this program is offered for a limited time. The sooner you apply, the better chance you'll have at securing these funds! COMMUNITY PRIDE SINCE 1857 129 Holmes Street South - Shakopee, Minnesota - 55379 -1351 - 952 -233 -3800 - FAX 952 -233 -3801 - www.ci.shakopee.mn.us • , • 20,P Ili 4• S to F und'ng p your F : The City of Shakopee received .funding for homeowners to - fix -up their properties in Downtown Shakopee (please see map on reserve side). NO PAYMENTS! The Single - Family Housing Rehabilitation program offers a deferred loan up to $19,000 for home repairs. This loan is in the form of a 0% interest; 10 year deferred loan (if you still own the property and meet all of the requirements for the 10 -year term, you will NOT have to pay the loan back The match requirements vary from 0% to 50% of the total cost of the improvements, depending on your monthly housing expenses and income. You need to be current with your mortgage, property taxes and insurance and have an ownership interest in the property. Your gross annual income must be less than or equal to the following limits: FAMILY 1 2 3 4 5 6 7 8 SIZE ANNUAL $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800 INCOME For • re information or for • • • please f a! a; (952' 12Y EQUAL HOUSING OPPORTUNITY The City of Shakopee received funding from the Small Cities Development Program (SCDP) from the Department of Trade & Economic Development (DTED) to help low and moderate income homeowners make repairs to their property. The city also received funding to assist commercial and rental property owners with repairs. The Carver County HRA is administering the program for the City of Shakopee. •. •, dam•_ . • T R. . T • •I�0 � C3 mod',• � � � •.� 0) � • c C) Q 7 � O U � U � O t N � � � a O Lz o 70 Q) C C6 O_ W cu a O Q O O O_ O O a. 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U' '� fl y m C �m O O 3 a) O j u ° .a CL O O p N ca 3 f r4 � -C. co 'd p �I v a Q" Q "� O P ci bO «t O n7 y m O O O o t o cz O 'O Z± c a CL O aj 'Z u - d ca s o o vi o m v y a� x 'C7 Ci �O 3 cn N p Cl� CL 3 G U H ' 3 vi ca ca 0 aj bD cz ay O r 'C5 +_ O O ca O ca 3� a� l n 14 G ca O N ca rd O b0 — N > p w C ?✓ y bA p 9 Q) r O Q O V v O O O O O O O aJ > a! V O bA ' U O is 4 O Cc u O P. 0 O d O a 's'-' -i bO ui rn O s bu0.c.. b O Q m O p CL Lt O w �� r, ay a bA v O G fl ti0 to O O cc i• .� ., v� CC O s. rd m cz cu v O .� O V +� cn Cn u rte- O � O v bA Q) O� � y u "' G OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADj SESSION SHAKOPEE, MINNESOTA MARCH 19, 2002 Joos/Lehman moved to approve the Agenda as amended. Motion carried unanimously. Mr. McNeill, City Administrator, deferred the discussion of the Police Building Design Review to David Kroos,. Principal of the BKV Group, the architectural firm selected to design the new Police building. Mr. McNeill noted that the de`si$ni ,development phase is finished and authorization to proceed to the construction phase David Kroos, Principal of the BKV Group, approached the podium and reported on the design development phase of the Police facility project. Mr. Kroos gave a status report and a budget update. Mr. Kroos noted that generally speaking the square footage within the new Police building was within the range identified. A mechanical mezzanine was added within the identified square footage. The site plan and the general facility have not really changed from the schematic design. The site plan drawing was used to orient the new Police building. There were two ways in/out for police officers within the secured parking area. The public parking would be to the front of the building. Mr. Kroos noted that the survey and soil borings have just been received by BKV Architects. As anticipated there is some bedrock that needs to be dealt with. Mr. Kroos was proposing that the Police building be raised three feet so the amount of bedrock that needed to be removed from the site would be minimized. Because this problem was anticipated, a line item for $100,000 had been included in the budget for this problem. Mr. Kroos was going to have a civil engineer do a cut and fill analysis of tle!problem so BKV had a handle on the situation. If the fix were going to cost more tl an"btidgeted then BKV would have to look for items to cut from the project. The secured parking for the local Police Department was discussed in length. Mr. Kroos stated to Cncl. Lehman that the cost for the secured parking area was minimal. The secured parking area was more for screening reasons. Chief Hughes noted,that vandalism did take place to the Official Proceeding of the March 19, 2002 Shakopee City Council Page -2- police vehicles. Mr. McNeill requested from Mr. Kroos that the actual cost of the security gates used to secure the police parking be used as a deduct alternate. Mr. Kroos went over the interior of the new Police building. Mr. Kroos stated the materials used in the new Police building were somewhat consistent with the materials used for the new Library. Mr. Kroos noted that the changes the Council requested, at a previous meeting, had been incorporated into the design. Some of these changes were: use of the large size brick, reducing the size of the entry canopy, eliminating the divider wall in the training room, reducing the large clearstory window height and the use of some precast materials. Mr. Kroos addressed the budget for the new Police building. He stated that he felt the project was in line with the budget but BKV Architects would continue to look for more cost efficiency and identify more cost control alternates. The project was $36,000 over the schematic design but Mr. Kroos felt the project was well within the appropriate range. There will be one more cost control update when the construction documents are about 85% finished. Cncl. Sweeney discussed the financing costs. Mr. McNeill noted the schedule of the new Police building that was in the Councilor's packets. Mr. Kroos was confident that this schedule could be adhered to. Lehman/Link moved to direct that the working drawings be prepared for plans and specifications and authorize that these drawings go out for bid. Cncl. Lehman would like to see a list of the bid alternates, bid deducts and Cncl. Lehman would like to take into consideration the financing costs pointed out by Cncl. Sweeney. Lehman/Link moved to direct that the working drawings for the new Police building be prepared for plans and specifications including bid alternates, bid deducts and taking into consideration financing costs pointed out by Cncl. Sweeney; and, to authorize that these drawings go out for bid. Motion carried 4 -1 with Cncl. Sweeney dissenting. Mr. McNeill reviewed the recommended appointments to the new Telecommunications Advisory Commission. Mr. McNeill indicated that the interview committee, consisting of Mr. McNeill and Cncls. Joos and Lehman had a very difficult decision in deciding which candidates should be recommended for appointment to the TelecommunicAions Advisory Commission because all of the candidates were very good. Three of the candidates had served on the previous cable committees /commissions and three of the candidates °were "new" candidates. Mr. McNeill stated the interview committee recommended five individuals. These recommendations are; Dan Vroman for a one year term, Ken Jaus for a three year term, Steven Guzzetta for a two year term, Michael Guncheon for a two year term and Bill Anderson for a three year term. Mr. McNeill stated that because these appointments are for a new committee the terms needed to be staggered. Official Proceeding of the Shakopee City Council March 19, 2002 Page -3- The City Clerk, Judith Cox, and Deputy City Clerk, Jeanette Shaner, randomly pulled term length assignments from a hat for the length of term for each recommended person. Mr. McNeill addressed the Shakopee Public Utilities Commission size. Lehman/Joos offered Resolution No. 5663, A Resolution Approving 2002 Minnesota Laws, Ch. 226, Relating To The City Of Shakopee Increasing Its Public Utilities Commission From Three To Five Members, and moved its adoption. Motion carried unanimously. Sweeney /loos moved to direct that advertisements be made of the current two vacancies on the Shakopee Public Utilities Commission, and that an interview panel consist of Councilors Joos and Lehman and the City Administrator. Motion carried unanimously. Mr. McNeill stated that a new workshop date needed to be set for the second goal setting workshop meeting scheduled for April 23, 2002. There was a conflict with this date. Mr. McNeill suggested that this workshop date be changed to April 30, 2002. Joos/Lehman moved to set the workshop meeting date for the second goal setting for April 30, 2002 at 4:30 p.m. to 6:30 p.m. Motion carried unanimously. Mr. McNeill noted Scott County needed a one -hour workshop to discuss county issues. Mr. McNeill will provide more information on this workshop at the April 2, 2002 City Council meeting. A recess was taken at 6:40 p.m. for the purpose of waiting until 7:00 p.m. to begin the 7:00 p.m. portion of the Adjourned Regular Session of the City Council. Mayor Mars re- convened the Adjourned Regular Session meeting of the City Council at 7:00 p.m. The Pledge of Allegiance was recited. The following item was added to the Consent Agenda. 17.C. Rezoning Request of Town and County Homes from AG to PRD for property located North of Providence Pointe, South of STH 169, and Between CR. 17 and CR. 79. The following item was deleted from the Consent Agenda. 17.D Text Amendment to Allow Communication Towers with a CUP in the AG zone. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Cncl Joos noted that he would be voting on the Consent Agenda but abstaining from the vote on the February 19, 2002 meeting minutes because he was not in attendance at that meeting. Official Proceeding of the March 19, 2002 Shakopee City Council Page -4- Motion carried unanimously. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. Lance Nemanic, 1712 Marschall Road, approached the podium and discussed the urbanization of the City of Shakopee and the tolerance of snowmobiles and all terrain vehicles within the City. Mr. Nemanic noted damage done to his property by snowmobiles and all terrain vehicles; he would like to see the use of snowmobiles and all terrain vehicles banned by the City of Shakopee. Sweeney/Link moved to approve the meeting minutes for February 19, February 26, and March 6, 2002 Adjourned Regular Session. (Motion carried under the Consent Agenda with Cncl. Joos abstaining on the February 19, 2002 minutes). Sweeney/Link moved to approve the bills in the amount of $655,279.32 plus $96,585.10 for refunds, returns and pass through for a total of $751,864.42. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Cncl. Sweeney noted there would be a 6:00 p.m. workshop meeting open to the public at the current Shakopee Public Utilities building on Monday March 25 to discuss the new service center site options. There was also some discussion regarding fees for use of the City right -of- way. Sweeney/Link offered Resolution No. 5670, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of Dublin Square Fourth Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 5671, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of Riverbend Town Homes, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Ordinance No. 622, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located North Of 17` Avenue And South Of STH 169 From Agricultural Preservation (AG) Zone To Planned Residential (PRD) Zone. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, stated that American Tower Corporation (ATC) made application to the City in January to amend the City Code relating to communication towers. Specifically ATC requested that the language in the code be changed to allow communication towers and antennas with a Conditional Use Permit (CUP) in the Agricultural Official Proceedings of the Shakopee City Council March 19, 2002 Page —5- Preservation Zone. Mr. Leek noted that at the Planning Commission meeting there was much discussion on the issue of the text amendment and the motion before the Planning Commission to approve this text amendment failed on a vote of 0 -6. Mr. Leek stated there was a letter in the Councilor's packet noting that the Shakopee Mdewakanton Sioux Community were not interested in having additional facilities located on their property. Therefore, American Tower Corporation is proposing that the multi - purpose tower be located in the Agricultural Preservation Zone. Mr. Leek noted that the 60 -day time period is up on the application tonight, and specific action needed to be taken tonight. The planning staff: had a concern that there was not a lot of agricultural preservation zoned land left in the City of Shakopee and what was left was guided for residential type use. The use of communication towers in residential neighborhoods was a concern. Mark Holm, representative of American Tower Corporation, approached the podium to seek recommendation of the text amendment. Mr. Holm stated there were areas not covered for wireless use on the south side of the City of Shakopee; ATC is trying to provide this service for the City of Shakopee. Mr. Holm stated that ATC provides multi -tenant monopole towers placed strategically and is trying to work with the City to get this 175 feet tower placed strategically. Mr. Holm stated ATC's objective is one tower. ATC has an individual who is willing to lease the land for the monopole. This monopole would have no guide wires but it would have landscaping and a fence at the base of the pole. Mr. Holm stated that ATC was open to ideas as to how they could cover the area. There are no tall areas down in that part of the City and ATC has four carriers that are interested in providing the coverage for this area if a tall structure was available. Cncl. Lehman questioned the placement of the monopole on land that could become residential. Mr. Leek addressed the pole placement on residential land. Cncl. Sweeney noted that Shakopee Public Utilities Commission had a substantial discussion on a water tower placed in the southern part of the City and there was a concern of the visibility of the water tower. Jim Thompson, City Attorney, drafted a letter for Mr. Leek to give to the applicant stating that the 60 -day time limit needed to be extended in order to make a final decision. There was no resolution before the Council; therefore, Mr. Thompson felt the appropriate action would be to direct staff to come back with a resolution for either approval or denial and prepare findings. Sweeney /Joos moved to follow the Planning Commission's recommendation and deny a text amendment to City Code to allow the construction of communication towers in the AG zone and directed staff to prepare findings for the denial of the text amendment to section 11.22 in City Code. Cncl. Lehman would like a 60 -day extension to the time limit imposed and he would like to see this issue go before the Telecommunications Commission. Cncl. Sweeney felt this was assigning Planning Commission duties to other Boards and'this was a concern to him. Official Proceedings of the Shakopee City Council Motion carried unanimously. March 19, 2002 Page —6- Sweeney /Joos moved to direct staff to give American Power Corp. a written letter tonight extending the 60 -day review period until a final action can be taken on the teat amendment request for telecommunication towers in the AG zone. Motion carried unanimously. Sweeney/Link offered Resolution No. 5672, A Resolution Setting The Public Hearing Date To Consider The Vacation Of A Portion Of Easement Within Shakopee Valley Market Place West, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported on the request by RLK Kuusisto, Ltd. on an amendment to the preliminary and final plat for Shakopee Valley Marketplace West relating to the condition that here be a berm constructed along 17 Avenue adjacent to the subject property. Mr. Leek oriented the subject site via an overhead. According to Mr. Leek, the berm has already been constructed and the applicant is requesting that they be allowed to remove a portion of the berm along 17 Avenue. The applicant does propose to screen the use. Mr. Leek noted that a conditional use permit has been granted for the Kindercare business with access off of Greenwood Court. Mr. Leek stated that Planning Staff has prepared draft Resolution 5677 that contains proposed language noting the applicant's request. Mr. Leek noted that this request did not go before the Planning Commission because it was a request to amend the final plat and final plats are not reviewed by the Planning Commission. Mr. Leek did state that during the review of this preliminary plat for Kindercare and development within the Shakopee Valley Marketplace West plat much attention was given by the Planning Commission as to what was going to happen along 17 Avenue in terms of berming and landscaping. Mr. Leek stated that this plat was approved prior to a use being identified for this lot. Mr. John Deitrich, RLK Kuusisto, approached the podium and stated that he was here tonight to request a waiver from the berming requirement along 17` Avenue. They were willing to do landscaping and screening but the berm affected the drainage slope of a play area. Mr. Deitrich felt the site as originally set up had a more intense vehicular use than a childcare use. The childcare use is more of a transitional use. It is more of a residential type use when the hours of operation are considered. The Kindercare Childcare center has three age appropriate play areas for the children. Mr. Deitrich felt the intent of the performance standards were to screen and mitigate the elements of incompatible uses. Mr. Deitrich felt the incompatible area here was the parking lot area. He proposed to put a 42" solid w ®od °fence along the entire south side of the parking lot with screening up to and along the bifiiininous trail. He was also proposing along the play area on the south side that a 6' high vinyl fence be erected and that a few more trees be located along 17 Avenue outside of the easement area. Mr. Deitrich felt this proposal met the intent of the performance standards. Official Proceedings of the March 19, 2002 t .. ; . Shakopee City Council Page —7- Mayor Mars asked the applicant if the applicant thought a fence would be better than a berm. The applicant stated that a berm would be better if they had the room. Mr. Deitrich stated that Kindercare has looked at a number of sites and with the four public streets around this site the Kindercare center is a very tight fit. Mr. Deitrich stated it was the easements along the south side of the property that restricted what they could do and that is why the berm is in the way. Joos /Sweeney moved to deny the request of RLK Kuusisto to amend the preliminary and final plat for Shakopee Valley Marketplace West to make an exception so that a berm is not required along that section of 17 Avenue West adjacent to Lot 1, Block 2, for the Kindercare property. Motion carried unanimously. Mr. Leek reported on the request of RLK Kuusisto on behalf of Ryan Companies to revise the AUAR for the Valley Green Corporate Center. A' comprehensive plan amendment has been requested to re -guide properties from commercial property currently to Business Park and a 57- acre area to be re- guided from Business Park to residential and rezone the site. Staff feels it is appropriate to revise the AUAR to reflect the proposed land use because of the nature of the site. Mr. Leek noted one change in the memo that he requested, and that was the authorization for City staff to work with Bolton and Menk, Engineers, rather than WSB Engineering, because Bolton and Menk did the initial analysis of the AUAR if the Council approved the revision to the AUAR. Staff is recommending that the AUAR move forward and staff asks that the applicant reimburse the City for any costs incurred for the preparation of the revised AUAR- Sweeney/Lehman moved to approve the request of RLK Kuusisto Ltd. on behalf of the Ryan Companies to prepare a revision to the AUAR for the Valley Green Corporate Center, and moved to authorize City staff to work with Bolton & Menk, Engineers in the preparation and processing of the revision with the understanding that any costs incurred by the City will be reimbursed. Mr. Leek stated that the purpose would be to analyze what the impacts would be from re- guiding the 57 acres from business park to residential and to analyze whether or not there is any impacts from re- guiding from commercial to business park on the west end of the property adjacent to CR. 83. Cncl. Sweeney noted that this action was consistent with previous actions of the City Council to move ahead with the Ryan Companies proposal. Motion carried unanimously. Mr. Leek reported on Dahgren, Shardlow and Uban (DSU) along with RLK's request to conduct the review of Rezoning, PUD, CUP and Preliminary Plat together. Mr. Leek stated for the entire project there are seven land use reviews and approvals that are necessary. RLK has concluded �i' Official Proceedings of the March 19, 2002 Shakopee City Council Page —8- that it will likely be the spring of 2003 before all of these reviews will have been concluded. RLK provided the Council with a proposed project schedule through the year 2002 along with a list of the items covered in each of the reviews. Mr. Leek stated that there would be two public hearings required in 2002 for the Ryan Companies project according to this proposal. Mr. Leek felt the proposed project scheduled of Ryan Companies could allow enough time for public input. It was noted that if it became necessary the proposed schedule could be lengthened to allow more public hearings. Mr. Leek noted the document given to the Council members denoting items what the City requires in the rezoning, PUD, CUP, and plat reviews. It was stated by Mr. Leek that there would be less public hearings required to be held with doing some of the reviews simultaneously but all of the issues would be covered that would have been covered in each individual public hearing. Mr. Leek suggested that if the Council decided to hear some of the reviews together it would have to be made clear in writing to the applicant that the City Council is not committed to acting on the reviews all together. There was discussion on the Comprehensive Plan that is with the Metropolitan Council regarding the amount of land zoned commercial. Mayor Mars felt if some of these reviews were done - together the Planning Commission could get a comprehensive view of the entire plat. Sweeney/Lehman moved to direct staff to proceed with the review together for rezoning, PUD, CUP and preliminary plat for the Valley Green Corporate Center as requested by Dahgren, Shardlow and Uban and RLK Kuusisto on behalf, of Ryan Companies with the caveat that these reviews may be looked at together but that does not mean that the Council will act at the same time on each issue and that there is adequate time for public input. Motion carried 4 -1 with Cncl. Link dissenting. Sweeney/ Link moved to remove the Pheasant Run Street Sidewalk from Valley View Road to Quail Drive from the table. Motion carried unanimously. Mr. Loney, Public Works Director /City Engineer, reported on this issue. Mr. Loney stated this item had been tabled so the cost of each option for a sidewalk along Pheasant Run Street to Quail Street could be identified; also staff was directed to find out if this sidewalk had been budgeted and where it was placed in the CIP, and what was the cost involved for relocation of the major electrical line that Shakopee Public Utilities was responsible for along that street. Mr. Loney showed each option and it appeared the cost would be less for Shakopee Public Utilities to relocate the electrical line in option two. It appeared option two would be the least costly for the City. Mr. Loney stated this project was not in the budget or CIP for 2002. Mr. Loney pointed out the concern of the traffic volume on the different legs of Pheasant Run Street. Pheasant Run Street is identified by definition as a local feeder street. Mr. Loney pointed out the overall sidewalk system in the City of Shakopee. He noted there were many areas with uncompleted sidewalk systems. Official Proceedings of the March 19, 2002 Shakopee City Council Page —9- Mr. Loney felt it would be prudent to wait a couple of years and then resurvey the residents after other roads are built in the area that Mr. Loney felt would affect the traffic volume. Mr. Loney stated there is a trail stump proposed into the School District property where Pheasant Run Street and Quail Drive intersect. Mayor Mars asked for audience participation. Tom Murphy, 1852 Quail Drive, approached the podium and spoke against the sidewalk. Mr. Murphy felt the City should take time and re- evaluate the need for a sidewalk at a future time. Jamie Fritz, 2126 Chester Street, approached the podium and stated that one reason he and his wife bought this house recently was because there were no sidewalks. Tony Condon, 2011 Pheasant Run Street, approached the podium and stated he was in favor of the sidewalk. He sees the traffic everyday and many young families live in this neighborhood. He thought putting in the sidewalk would allow safe passage for the children going to Sunpath Elementary School. Mr. Condon pointed out that the north end of Pheasant Run Street had the higher number of cars as opposed to the southerly end of Pheasant Run Street. He did foresee this traffic pattern changing. Mr. Condon's favorite option was option three because that was a straight shot for a sidewalk. Rob McArdell, 2080 Pheasant Run Street, approached the podium and pointed out a couple of things. He stated that the traffic has died down tremendously in the past two years as construction has moved to the east. He also stated that a majority of the residents who met with the engineering group voted they did not want the sidewalk and if they had to have a sidewalk the vote pointed out that it was option three that they preferred. There was no more audience participation. Link/Sweeney moved to revisit the sidewalk issue'on Pheasant Run Street from Valley View Road to Quail Drive once Valley View Road is completed and the traffic patterns in the area can be determined. Mr. Loney stated that by the Transportation Plan definition Pheasant Run Street is not a collector Street. But on September 18 a motion was passed by the past City Council to declare Pheasant Run Street a collector street so a sidewalk could be put in at the City's expense. John Huth, 1730 Valley View Road, approached the podium and suggested that in the future the placement of the sidewalks be determined before any land is sold to private parties. Mr. Leek responded to this suggestion. Official Proceedings of the Shakopee City Council Motion carried unanimously. March 19, 2002 Page —10- Mr. Loney noted that there was discussion at the March 6 City Council meeting on the proposed assessment agreements to certain properties affected by the construction of Sarazin Street, from Mooers Avenue to Valley View Road; and Valley View Road, from Sarazin Street to the East Plat Line of Pheasant Run 6 Addition. Mr. Loney stated this item is being brought back with more information. Tim Thomson, City Attorney, provided some recommendations for these proposed assessments. The hookup agreement provided by Mr. Loney and Mr. Thomson appeared to be the agreement that the majority of the residents may use. This is an agreement where the residents could defer the assessment - for the hookup to sewer and water until the hookup is actually used. The street assessment would be assessed concurrently because the residents receive benefit from a new paved street immediately. Mr. Loney stated the property owners have been met with, some individually, to go over their concerns regarding the assessments. Mr. Loney stated that the engineering staff and the City Attorney have gone over the residents concerns and have come up with some recommendations for the assessments. These recommendations are: 1. Further reduce the benefit appraisal for each parcel by 10% to the eight property owners with small parcels. The justification for this reduction as proposed by Mr. Loney would be the lower cost to maintain Valley View Road after it is paved and the desire of these eight residents for the City to pick up more of the cost. 2. Reduce the interest rate on the hookup agreement by 1.5 %. The residents would be charged the bond rate in the hookup agreement that the City was charged. 3. The amount of the trunk sanitary charge to be paid at the time of hookup will be based on the number of developable lots not the total acreage. The justification of this recommendation is the Bluff Lines causes some of the parcels to have less land to develop in that area. Mr. Loney is looking for direction on these recommendations before preparing the assessment agreement. Mr. Loney noted that with the assessment agreement the resident would be asked to waive their right of an assessment appeal. Jim Thomson noted that this was not a blanket policy recommendation, this recommendation was just for the eight parcels affected by the Valley View Road Project No. 2001 -5 because of the unique circumstances to this project. These unique circumstances are; 1. The road is coming in after the development on the north side of Valley View Road, 2. Some of the property is not in MUSA, 3. The bluff area provides a challenge to developing some of the lots of the residents, and 4. Benefit appraisals did not reflect the benefit the City expected. Cncl. Sweeney asked about the hook -up charges to the trunk sanitary sewer. Mr. Loney addressed this question. Cncl. Sweeney would like to see the City Attorney's comments as to why these assessments are different from the normal assessment charges and the statement there is no intent to create a precedent with this assessment agreement incorporated in the resolution that will pertain to the Valley View Road Project No 2001 -5. Official Proceedings of the March 19, 2002 Shakopee City Council Page —11- Cncl. Link addressed the request of the City to have the residents waive their right of appeal of the special assessments. Mr. Loney stated the residents do have a good idea as to what their assessments would be. A feasibility study had been on the Valley View Road Project No. 2001 -5. Jim Thomson stated he was looking for direction from the Council to have the assessment agreement say that there would be a 10% reduction of the assessment when that assessment is determined. There was audience participation. Kris Huth, 1730 Valley View Road, approached the podium and stated that she did not want to waive the right to an assessment appeal until she knew what that number would be. She also did not like the idea of being assessed for the sidewalk. Mr. Thomson stated the concept is that the City will offer a 10% reduction in the assessment plus a 1' /2 % reduction in the interest rate if the property owners choose to do the hookup agreement. In consideration for that the quid pro quo would be: that the property owners would agree not to challenge the assessment. It was noted that not all property had to agree with the assessment agreement for the agreement to be effective for those who did sign it. John Huth, 1730 Valley View Road, approached the podium and stated that he too would like to see the final figure. He stated when they were first approached nothing was said about a hookup charge. Mr. Loney stated the hookup charges Mr. Huth was referring to were the permit fee to hookup to the homes, SAC charges and each resident installing their own sewer line to their property as well as the sanitary trunk charges. Dawn Kahnke, 2224 Valley View Road, approached the podium and stated that they were being forced to pay these assessments. First they lose some property to the roadway and on top of that they have to pay assessments and now more landds being asked for because the road is not wide enough. She felt the driveway pitch some extreme now; if more land were taken the pitch would become a big hindrance. She felt the developer to the north should pay more of the assessments. Ms. Kahnke did not like the idea of the sidewalk. Sweeney /Joos moved to concur with staff recommendations as to the modifications to the assessment policy. These recommendations are; 1. properties less than 10 acres in size, the special assessments would be reduced by approximately 10 %. 2. The portion of the reduced assessments attributable to the streets would be levied and paid in accordance with the City's Official Proceedings of the Shakopee City Council March 19, 2002 Page —12- normal assessments practices, 3. The amount of the assessments attributable to sewer and water would not be assessed now; the property owners could enter into an agreement obligating the property owner to pay this amount when they hooked up to City services. This agreement would be recorded against the property and would be binding on all future owners, 4. Interest on the deferred amount will be reduced by 1.5 % and 5. The amount of the trunk sanitary sewer charge will be based on the number of buildable lots per parcel as opposed to the acreage of each parcel with the caveat that this is not a blanket policy recommendation, this recommendation was just for the eight parcels affected by the Valley View Road Project No. 2001 -5 because of the unique circumstances to this project. These unique circumstances are; 1. The road is coming in after the development on the north side of Valley View Road, 2. Some of the property is not in MUSA, 3. The bluff area provides a challenge to developing some of the lots of the residents, and 4. Benefit appraisals did not reflect the benefit the City expected. Mr. Loney stated that until bids are awarded the Council has the right not to do the Valley View Road Project No. 2001 -5. Mr. Loney explained why more right -of -way was required for Valley View Road. Motion carried unanimously. 7oos/Lehman moved to remove the undergrounding of the Valley View Road overhead power lines from the table. Motion carried unanimously. Mr. Loney reported on the overhead power line relocation for the power poles located on Valley View Road. This issue was discussed at the February 5, 2002 Council meeting and the Council ended up with a 2 -2 vote on whether or not to leave the existing overhead power lines on Valley View Road after the road was reconstructed, or whether to underground these electrical lines. Mr. Loney noted that staff has met with Shakopee Public Utilities Commission (SPUC) and SPUC has provided additional information on the overhead lines. It appeared the cost would be considerable to underground these lines as opposed to allowing these electrical lines to stay above ground plus it is customary to require the property owners to pay for the undergrounding of their service line to their home. Mr. Adams, Planning and Engineering Manager for SPUC, listed several funding options for undergrounding this lane. He also stated this considerable undergrounding cost only included a portion of Valley View Road; there was more to come. Mr. Loney noted there were other roads that had overhead electrical lines and these roads would be under reconstruction at some point. Mr. Loney stated that it was a City Council policy decision as to whether or not these lines were located underground. The City Ordinance states that the overhead power lines may be required by City Council to be relocated underground if the power lines extend three hundred feet in a reconstruction project. Cncl. Sweeney felt the real issue that the Council was addressing was if all of the overhead power lines at some time that would be involved with reconstruction would be required to be undergrounded. Official Proceedings of the March 19, 2002 Shakopee City Council Page —13- Joe Adams, Planning and Engineering Manager for Shakopee Public Utilities, presented maps with only overhead lines. Mr. Adams stated that system wide Shakopee Public Utilities has approximately 36 miles of main line feeders within the` City limits. Mr. Adams thought it would be some where between $8 million and $9 million to underground the 36 miles of overhead main line feeders. - Mr. Lou VanHout, Utilities Manager for Shakopee Public Utilities, approached the podium and stated that this was an issue of cost; Shakopee Public Utilities was not against undergrounding. Mr. VanHout stated Shakopee Public Utilities would work with City staff to come up with a reasonable plan. Cncl. Sweeney stated that demanding that these power lines be undergrounded does no services to the ratepayers or the taxpayers because each of these will be involved in paying for the undergrounding cost. Cncl. Lehman did not feel the benefits of undergrounding would justify the cost that was involved for undergrounding. Sweeney/Lehman moved that the existing overhead power line along Valley View Road from Sarazin Street to the east plat line of Pheasant Run 6th Addition can be relocated overhead and remain an overhead power line. Motion carried 3 -2 with Cncl. Joos and Mayor Mars dissenting. Cncl. Sweeney wanted to review each reconstruction overhead power line on a case -by -case basis. A recess was taken at 9:55 p.m. Mayor Mars re- convened the meeting at 10:00 p.m. Sweeney /Joos offered Resolution No. 5674, A Resolution Of The City Of Shakopee, Minnesota Determining The Necessity For And Authorizing The Acquisition Of Certain Property By Proceedings In Eminent Domain, and moved its adoption. Motion carried unanimously. Lehman/Sweeny moved to authorize staff to continue easement acquisition negotiations with the affected property owners for the Srarizin Street and',Valley View Road Project. Motion carried unanimously. Mr. Loney reported on the feasibility report for Vierling Drive Trail from CR. 79 to Sage Lane. This project was for a bituminous trail to finish the connection along Vierling Drive to Sage Lane to CR. 79. This would finish the connection from the Orchard Park West area to CR. 17. Notices Official Proceedings of the March 19, 2002 Shakopee City Council Page —14- were sent to the residents and a meeting was held with the residents. One resident attended this meeting and was in favor of the trail; Mr. Loney received three telephone calls pertaining to this bituminous trail (two against the trail and one was for information). Mr. Loney noted there were some fences and shrubberies in the right -of -way easement. Sweeney /Joos offered Resolution No 5675, A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans and Specification For The 2002 Vierling Drive Trail Improvements, From County Road 79 to Sage Lane Project No. 2002 -2, and moved its adoption. Mayor Mars noted that he received one e-mail in favor of theVierling Drive Trail Improvements, from County Road 79 to Sage Lane. Motion carried unanimously. Mr. Loney gave an update on constructing Vierling Drive from CR. 15 to Orchard Park West P.U.D. Sweeney /Joos moved to direct staff to move forward with a feasibility study and the Plans and Specifications for Vierling Drive from CR. 15 to Orchard Park West P.U.D. Motion carried unanimously. Sweeney/Link offered Resolution No. 5669, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel Handbook, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link moved to authorize the advertisement for Firefighters, to create an eligibility list, and from that list select two candidates for membership on the Shakopee Fire Department. (Motion carried under the Consent Agenda). Note: These are for replacement positions not new hires. Sweeney/Link moved to approve the application and.grant a Consumption and Display Permit (Set -up License) to Great Lakes, Inc. dba Shakopee Ballroom and Banquet Hall, 2400 East Avenue. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 5673, A Resolution Of The City Of Shakopee, Minnesota, Approving Premises Permit for The Prior Lake Lions Club, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link moved to approve interfund transfers as outlined in the March 13, 2002 memo from the Finance Director (Motion carried under the Consent Agenda) (CC Document No. 317). Official Proceedings of the Shakopee City Council March 19, 2002 Page —15- Sweeney/Link moved to approve selling a surplus police department vehicle purchased with grant funds to Scott County for $1.00. (Motion carried under the Consent Agenda). Sweeney/Link moved to authorize the appropriate officials to sign the "Recycling Program Agreement" for 2002 by and between Scott County and the City of Shakopee. (Motion carried under the Consent Agenda). Mr. McNeill, City Administrator, addressed paying prevailing wages on the new Library building as it is being bid out. The need to use prevailing wages was researched by the City Attorney because some of the soil cleanup may use state funds. After the research, it was found by Jim Thomson, City Attorney, that prevailing wages needed to be paid when state funds were used for part of a project. Mr. McNeill stated that direction had been given to BKV to leave the prevailing wages in the bid proposal for the new Library unless they were specifically told to remove the prevailing wage section. It was the consensus of Council members to leave the prevailing wage in the bid documents. Herb Jacobson, representing the Union carpenters living and working in Shakopee and Scott County, approached the podium and asked if the prevailing wages were for the dirt work only. Mayor Mars replied the prevailing wages were for the entire one contract. Mr. McNeill announced that the results of the ballots for City Council Members for appointments to the Telecommunications Advisory Commission- were consistent with the recommendations of the interview panel. The Telecommunications Advisory Commission is made up of the following members with the term as recommended: Dan Woman, 1 year term, Stephen Guzzetta and Michael Guncheon each 2 year terms; and Bill Anderson and Ken Jaus each 3 year terms. Sweeney/Link offered 5676, A resolution Appointing members To The Shakopee Telecommunications Advisory Commission, and moved its adoption. Motion carried unanimously. Cncl. Lehman noted all candidates were well qualified but only five candidates could be selected. Mr. McNeill noted all appointees would be contacted with the results and the sixth nominee would certainly be contacted if there were a vacancy to occur in the future. Mr. Snook reported on the Vision Shakopee Downtown Partnership request regarding downtown hanging flower baskets. Mr. Snook gave the makeup of the task force working on the hanging flower baskets. Mr. Snook stated that Vision Shakopee would be responsible for approximately $6,000 and the City of Shakopee would be responsible for approximately $5,500 in labor costs for watering plus the cost of a small utility truck at'a`'pnce of approximately $8,000 initially with an annual cost of $1,500 per year. Cncl. Sweeney wanted to know if this project cost was included Cncl. Lehman would like Mr. Snook to take a look and see what the EDA budget could/would do and could the equipment be used for multiple use somewhere in the CIP. Cncl. Joos would also like to see where the funds could come from. Lehman/Joos moved to direct staff to look into a possible transfer of funds from the EDA budget to fund downtown hanging flower baskets. Motion carried unanimously. A recess was taken at 10:45 p.m. for the purpose of holding an executive session to discuss labor negotiations for the Police Patrol. Joos /Sweeney moved to recess to the executive session. Motion carried unanimously. Mayor Mars re- convened the meeting at 11:18 p.. Mr. McNeill stated that there was no action taken by the City Council during the executive session. Sweeney/Lehman moved to adjourn the meeting at 11:20 p.m. Motion carried unanimously. c JAC ith S. Cox 1 k City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CrrY COUNCIL REGULAR SESSION SHAKOPEE" APRIL 2, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Sweeney, Link and Joos present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City Engineer; Karen Cole, Acting City Attorney; Judith S. Cox, City Clerk, Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator, Mark Themig, Facilities and Recreation Director, and Dan Hughes, Chief of Police. The pledge of allegiance was recited. Link/Sweeney moved to approve the Agenda as presented. Motion carried unanimously. Mayor Mars presented plaques of appreciation to ~five outgoing members of various Boards and Commissions. He thanked the outgoing members for all of their years of service to the community. Sweeney/Link offered Resolution No. 5682, A Resolution Of Appreciation To Jeff Kaley, and moved its adoption. Motion carried unanimously.: Sweeney /Joos offered Resolution No. 5 68 1, A Resolution Of Appreciation To Dean Shaner, and moved its adoption. Motion carried unanimously. Sweeny/Link offered Resolution No. 5683, A Resolution Of Appreciation To John Collins, and moved its adoption. Motion carried unanimously. Sweeney /Joos offered Resolution No. 5684, A Resolution Of Appreciation To Bob Ziegler, and moved its adoption. Motion carried unanimously. : Sweeny/Link offered Resolution No. 5685, A Resolution Of Appreciation To Ken Scannell, and moved its adoption. Motion carried unanimously.' The following items were added to the Consent Agenda. 15.0 1 Approving the Plans and Specifications for Tahpah Park Parking Lot and to Advertise for Bids; 15.A.5 Authorize the Preparation of a Feasibility Report for Vierling Drive, from County Road 15 to the West Plat Line of Orchard Park West P.U.D. Is` and 15.D.1 Release of Escrow Submitted in Connection with the Evergreen I" Addition. Sweeney /Joos moved to approve the Consent Agenda as modified. Motion carried unanimously. Sweeney /Joos moved to approve the meeting minutes for March 6, 2002, Regular Session. (Motion carried under the Consent Agenda). Official Proceedings of the Shakopee City Council Apri12, 2002 Page —2- Sweeney /Joos moved to approve the bills in the amount of $336,938.69 plus $26,374.86 for refunds, returns and pass through for a total of $363,313.55. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Karen Cole, Acting City Attorney, stated that there are four hearings before the Council tonight on alleged violations of selling tobacco to a minor. The purpose of the hearings tonight will be to determine whether action should be taken against the four licensees. The tobacco ordinance provides for a civil penalty of up to $200 and a suspension of the tobacco license for a minimum of one day but no more than ten days for the first offense. A second violation within a 36 -month period is punishable by a civil penalty of $500 and a suspension of the tobacco license for a minimum of one day but no more than twenty days. Twin Cities Stores, Inc. dba Oasis Market, 615 South Marschall Road, represented by Darrell Sorenson, Store Manager, approached the podium and admitted the violation. Mr. Sorenson commented that Twin Cities Stores, Inc. dba Oasis Market has an extensive training program and the employee, who sold to a minor, went to these classes. Employees are told over and over again to check ID's and are fired on their first offense when they sell tobacco to minors. This employee has been terminated. Karen Cole Acting, City Attorney noted that this was a second violation and noted the fines that must be imposed under the City's ordinance. It was stated that Twin Cities Stores, Inc. dba Oasis Market, 615 South Marschall Road thought this was their first offence at this address. Sweeney/Lehman moved to table this hearing for the alleged tobacco violation of Twin Cities Stores, Inc. dba Oasis Market until later this evening; so it could be determined if this was a first or second offense at this location. Motion carried - unanimously. Police Chief, Dan Hughes and Judith Cox, City Clerk, will look into this matter.' Super America #4035, 1155 East 1 St Avenue, represented by Ron Meier and Tim Meyer, approached the podium and admitted the violation. Ron Meier commented that the company works very hard and takes the selling of a tobacco product to a minor very seriously. Mr. Ron Meier explained the training his employees receive on this issue. He also stated Super America's policy is when an employee fails a compliance check they are terminated. This has been done. Mr. Ron Meier requested that the Shakopee Police Department and neighboring police departments participate in their training meetings on site. Ms. Cole noted that this was the licensee's first violation. Sweeney /Joos moved that a $200 administrative penalty and a ten -days suspension of the Tobacco License be imposed for Super America #4035, 1155 East 1 St Avenue, for their violation of the tobacco license. Official Proceedings of the Shakopee City Council April 2, 2002 Page —3- There was discussion on suspension of the tobacco license for this business. Mayor Mars wanted to send the message that the City was going to be tough on tobacco license violations. He wanted zero tolerance. Cncl. Sweeney stated that he was looking at this violation as a first offense. Motion failed 2 -3 with Mayor Mars, Cncls. Link and Lehman dissenting. Lehman/Link moved that a $200 administrative penalty and a two -days suspension of the Tobacco License be imposed for Super America #4035, 1155 East 1St Avenue, for their violation of the tobacco license. Motion carried 4 -1 with Cncl. Sweeney dissenting. Joos /Sweeney moved that the two -day tobacco license suspension for Super America 94035, 1155 East 1 St Avenue, to be April 12, 2002 at 12:01 a.m. and ending April 14, 2002 at 12:01 a.m. Motion carried unanimously. Twin Cities Avanti Stores LLC dba Food `n Fuel, 234 West 1 St Avenue, represented by Lori Sondl, Manager, approached the podium and admitted the violation. Ms. Sondl stated Oasis Market now owns this store and there is automatic termination, as well as, internal checks for tobacco violations. There is an extensive training program in place and several sheets on selling tobacco to minors is included in the new hire packet's':' This is also the only convenience store west of Hwy 101. Ms. Sondl noted that approximately 75% of their sales are tobacco sales. Ms. Cole noted that this was a second violation within a 36 -month period. Link/Lehman moved that a $500 administrative penalty and a five -days suspension of the Tobacco License be imposed for Twin Cities Avanti Stores LLC dba Food `n Fuel, 234 West 1 St Avenue, now owned by Oasis Market with the suspension of the Tobacco License from 12:01 a.m. April 12, 2002 to 12:01 a.m. on April 17, 2002. There was discussion on the length on the tobacco license suspension. Motion failed 1 -4 with Mayor Mars, Cncls. Lehman, Joos and Sweeney dissenting. Lehman/Link moved that that a $500 administrative'penalty and a ten -days suspension of the Tobacco License be imposed for Twin Cities Avanti "Stores LLC dba Food `n Fuel, 234 West 1st Avenue, now owned by Oasis Market with the §us'"ension of the Tobacco License from 12:01 a.m. April 12, 2002 to 12:01 April 22, 2002. Motion' carried 4 -1 with Cncl. Sweeney dissenting. Budget Liquor dba Budget Wine & Spirits, 6269 Highway 101, represented by Sharlet Huston, Manager, approached the podium and admitted the alleged violation. She commented that she tries to train the employees not to sell to minors. The employee guilty of the violation was only an employee for two weeks and has been terminated. Official Proceedings of the April 2, 2002 Shakopee City Council Page —4- Cncl. Sweeney was disturbed that this violation took placed in a liquor store as opposed to a convenience store. Ms. Cole noted that this was a second violation within a 36 -month period. Sweeney /loos moved that a $500 administrative penalty and a twenty -days suspension of the Tobacco License be imposed for Budget Liquor dba Budget Wine & spirits, 6269 Highway 101 with the intent that 10 -days of the suspension will be suspended if a card swipe machines is purchased by the owner in a timely fashion. The suspension of the Tobacco License will be from 12:01 April 12, 2002 to 12:01 April 22, 2002. It was noted that this is a liquor store selling tobacco to a minor and other cases have been for convenience stores. Motion carried 4 -1 with Mayor Mars dissenting. The number of offenses of the violation for selling tobacco to a minor that was tabled previously tonight for Twin Cities Stores, Inc. dba Oasis Market; 615 South Marschall Road has been determined. Ms. Cole stated that this licensee had admitted the violation. Ms. Judith Cox, City Clerk, stated that she had examined records for the previous violations. This indeed is the first violation for this site. Joos/Lehman moved to remove this hearing from the'table for Twin Cities Stores, Inc. dba Oasis Market, 615 South Marschall Road for the tobacco Motion carried unanimously. Joos/Lehman moved that a $200 administrative penalty and a two -days suspension of the Tobacco License be imposed for Twin Cities Stores, .Inc. dba Oasis Market, 615 South Marschall Road, with the suspension of the tobacco license to�begin at 12:01 April 12, 2002 and ending April 14, 2002 at 12:01. Motion carried 4 -1 with`Cncl. Sweeney dissenting. Cncl. Sweeney noted for the record that Super America Stores requested that there be a police officer at their meetings in the Shakopee Stores and that this expense for the off duty police officer to attend these meetings be picked up by Super America stores. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Cncl. Lehman reported on the Park and Recreation Advisory Board meeting. He noted that there was discussion with the Hockey Association on past, present and future hockey in Shakopee. The ice time was the big issue. Cncl. Lehman also reported on his attendance at the "Vision Shakopee meeting. Official Proceedings of the Apri12, 2002 Shakopee City Council Page —5- Cncl. Link reported on Murphy's Landing Board of Directors meeting. Cncl. Link noted that this was the final meeting of this Board of Directors for Murphy's Landing. All documents have been signed that were needed for closing on the sale of Murphy's Landing to Three Rivers Park District. He noted that the closing has taken place. °Mayor Mars thanked Cncl. Link for his liaison services to the Murphy's Landing Board of Directors and getting this sale accomplished to Three Rivers Park District. Cncl. Sweeney reported on the Shakopee Public Utilities Commission (SPUC) meeting. There are still two sites for the SPUC complex still in the running. Information has been requested from the DNR in putting wells in one of the sites. There has been no response from the DNR on this request as of now. Cncl. Sweeney noted the Jordan aquifer along with the under grounding of electric lines was discussed. A recess was taken at 8:10 p.m. for the purpose of conducting the Economic Development Authority meeting. Mayor Mars re- convened the City Council meeting at 8:37 p.m. Sweeney /Joos offered Ordinance No. 624, 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 South Of Newpoft: Avenue, West of Evergreen Lane and East of County Road 79 From Agricultural Preservation (AG) Zone To Urban Residential (R -IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, reported on the Comprehensive Plan/Land Use Plan Amendment request from Tollefson Development for property located east of CSAH 18 and south of CSAH 16. This is a request to the City to re -guide property located in the southwest part of the City of Shakopee. Mr. Leek oriented the site, (97 acres of the Muhlenhardt property) via an overhead. This site abuts the City of Savage on the east and on the south abuts the City of Prior Lake. Currently, the parcel abutting this site is zoned agricultural in the City of Prior Lake and the parcel abutting this site is zoned Planned Residential in the City of Savage. The site of this request is part of the Horizon Heights plat, therefore, the rural residential zoning continues to the west. There are a few parcels also zoned agricultural in the area. The request tonight is to re -guide the property from rural residential to single - family residential and to allow the extension of MUSA. Mr. Leek clarified the extension of the MUSA. He stated that it was the Metropolitan Council's stand that because this area was going to be serviced by the City of Savage's MUSA. this MUSA portion would not come out of the City of Shakopee's MSUA allocation but rather out of City of Savage's allocation. A Land Use Plan amendment showing the rezoning change would need to be submitted to the Metropolitan Council from the City of Shakopee and the City of Savage would also have to submit an amendment to the Metropolitan Council regarding their sanitary sewer element of their Comprehensive Plan. The Official Proceedings of the Apr il 2, 2002 Shakopee City Council Page —6- proposal is to develop the site with single - family lots. There is sanitary sewer capacity available from the City of Savage to service approximately 130 -170 lots. The now approved rural residential plat contains about 40 residential lots. The Planning Commission did hold a public hearing With several people testifying on this request. The Planning Commission did recommend approval of this request. The nature of the concerns of the people testifying at the public hearing were: traffic impacts, drainage impacts, tree removal, and a concern of this amendment moving forward while the City is in the process of reviewing and drafting a new 2002 update to the Comprehensive Plan. Direction is asked if Council would like the Planning Department to come back with a resolution with findings re- guiding the property or a resolution with findings denying the re- guiding. If the Council decides to re -guide this area then the additional actions would need to be taken. These additional actions would be to enter into negotiations with the City of Savage on a joint powers agreement regarding sanitary sewer service and work with the Shakopee Public Utilities Commission and the City of Savage to begin on an agreement for water services. Mr. Leek stated there is MUSA and sanitary sewer service available to this property from another community far in advance of when the City of Shakopee would be able to provide these services to this area. Mr. Leek noted there has been this type of agreement between other cities. He did not prepare a resolution for the City Council tonight in case they wanted to take another course of action. Mr. Loney noted there were water connection agreements in place with other cities now too. This type agreement was very common. Cncl. Sweeney noted that the City of Savage has requested that Shakopee Public Utilities Commission (SPUC) make available to them a huge amount of water on a daily basis to service their developments, if they are to provide this sanitary service and water to this proposed development. SPUC has many concerns regarding this request. Cncl. Sweeney noted that SPUC has given direction to their staff to get some statements_ of intent with the City of Savage including who pays for what. Cncl. Sweeney stated. that the involvement of the DNR is also needed regarding Shakopee's growth and that need for water. Cncl. Sweeney felt there were serious questions that needed to be addressed before this project is allowed to move forward. The entire City of Shakopee and its need for future water supplies needs to be considered before this development takes place. Cncl. Lehman and Cncl. Link agreed that there were a lot of unanswered questions. Sweeney/Link moved to direct staff to work with SPUC staff to get some resolution of the concerns that SPUC has on the development of the Muhlenhardt property in the southeast corner of Shakopee abutting the City of Savage. Official Proceedings of the Shakopee City Council April 2, 2002 Page —7- Cncl. Sweeney stated the intent of his motion was to get an agreement in place with the City of Savage regarding the water usage first and then go for a rezoning. Cncl. Link seconded for discussion purposes. The water appeared to be the largest concern for this development and it was felt that many agencies needed to be talked with before this development should proceed. There was much discussion on the need for water in the City of Shakopee. Mayor Mars felt the City of Shakopee could help in negotiating a joint powers agreement with the City of Savage for sanitary services and the City of Shakopee would work with SPUC and the City of Savage as they negotiate a water services agreement. Joe Adams, Shakopee Public Utilities Pl Savage g n e for Shakope Manage, s wa rr Mr rAdams stated the of and addressed the request from the City City of Savage requested in writing up to 2'/2 -3 million gallons of water per day on peak usage times from the City of Shakopee. Mr. Adams stated that the DNR would not let the City of Savage drill any more wells because of the Savage Fen. Mr. Adams noted that the City of Savage put a condition on the proposal for the City of Savage to service the parcel in question with water from Savage. This condition was the City of Savage would reserve the right to shut water off to the subject site if the City of Savage did not receive the 2' /z -3 million gallons of water from the City of Shakopee that they were requesting. Mr. Adams recommended that this Comprehensive Plan/Land Use Plan Amendment Request from Tollefson Development not be approved by the City Council. Mr. Adams felt it would be two tothf6e years from now before the City of Shakopee's infrastructure would be able to serve this site with water. With this condition there would not be a secure water supply for this area ffoni the City of Savage. Mr. Adams stated that SPUC was not agreeable to tying the servicing of water to this subject site with the City of Savage getting 2 1 /2 - 3 million gallons of water from the City of Shakopee. SPUC was open to negotiations but not with this condition. Dave Brown, representing the Muhlenhardts, owner of the subject property, approached the podium and stated this property could be re- guided now and if the pieces didn't fall into place, then if need be for the current 35 home sites on the approved plat, that land could be re- guided back to rural residential so those homes could be built. Mr. Brown would really like to move ahead with the re- guiding and provide a large revenue stream for the City. Bry Conley, resident of Horizon Heights, approached the podium and stated it was becoming apparent that water was a huge concern. She waritied'to wait for the new 2002 updated Comprehensive Plan before it was decided what td do with this piece of property so this can be well thought out. Official Proceedings of the April Z, 2002 Shakopee City Council Page —8- Steve Muhlenhardt, owner of the property, approached the podium and stated he wanted to move forward with this parcel. There are many old trees'up�there that should be harvested. He felt cities should share services back and forth. Debra Schmidt, 8450 Eagle Creek, approached the podium and felt the whole view of the area was not taken into consideration. She was concerned about the traffic in the area. She would like to wait for the comprehensive re- guiding. She would like to wait for a comprehensive tree ordinance also. She would like more time for input. Matt Weilland, representing Tollefson Development, approached the podium and stated there was a significant change in development in this area since the last comprehensive plan. He is sensitive to the residents concerns in this area and they would be considered in the development and land planning. It is important to look at the whole picture. He felt this could be an opportunity for a win -win situation for The City of Shakopee and the City of Savage. Cncl. Sweeney did not want to see the City of Shakopee have problems furnishing water to their future developments. He would like an answer regarding the number of wells that the City of Shakopee could drill from the DNR. He did not w ant the City of Shakopee to be able to drill approximately three more wells to furnish the City of Savage and then the City of Shakopee be told by the DNR that they could not drill any more wells. Mars /Sweeney moved to amend the main motion to include working with the City of Savage as well as SPUC. The amendment to the main motion carried 5 -0. The main motion, as amended, carried 5 -0. Sweeney/Lehman moved to table the re- guiding of the Comprehensive Plan/Land Use Plan Amendment request from Tollefson Development for property located east of CSAH 18 and south of CSAH 16 to the May 7, 2002, meeting. Motion carried unanimously. Sweeney /3oos moved to authorize the City's participation in the Metropolitan Assisted Lake Monitoring Program for Dean Lake. (Motion carried under the Consent Agenda). A recess was taken at 9:35 p.m. until 9:44 p.m. Mr. Link abstained from discussion and voting on the awarding of the contract for CSAH 16 /CSAH 83, Project No. 2001 -4 because of a possible conflict of interest. Mr. Loney, Public Works Director /City Engineer, approached the podium and stated this issue is to consider awarding a contract for the CSAH16 /CSAH 83 project. Mr. Loney oriented the Official Proceedings of the Shakopee City Council April 2, 2002 Page —9- project site and public improvements via an overhead: Three bids were received for this project and the low bid was received from S.M. Hentges & Sons, Inc. of Jordan, Minnesota. This is a Base Bid with an Alternate A and an Alternate B. The Alternates A and B were for watermain sizing for Shakopee Public Utilities. Shakopee Public Utilities discussed which alternate they wanted to go with and therefore the revised resolution is on the table. If the bid is awarded tonight the award would be for the Base Bid along with alternative A for the amount of $5,196,858.74. Mr. Loney stated the project is below the engineers estimate; there has some shifting of costs within the project. The $1 million in funds in the State Aid account would be applied for immediately to pay for the City's portion with the excess of the State Aid funds to go into the capital improvement fund. Mr. Loney stated that the Letter of Credit from Valley Green Business Park for 75% of the assessments has been received along with easement documents for the right -of -way for this project. The rest of the needed right -of -way is under condemnation with Scott County. Mr. Loney stated this is a large construction project and the project would take most of the year. There is a very large sanitary sewer as well as a storm sewer along with the reconstruction project of the roadway. There will be some type of traffic control along this piece of roadway all summer long. CSAH 83 will be closed Memorial Day until Labor Day and CSAH 16 will be closed as little as possible. The trail connection that is hoped to be included in this project was discussed and Mr. Loney would like direction on adding this trail connection. The trail connection from 12 Avenue to west of 17` Avenue would cost approximately $45;000 and can be discussed at a later date but for now direction is needed. This trail connection was not included in the bid. Mr. Loney wanted to know if the Council was interested in pursuing -this trail connection? Mr. Loney noted there is an issue with the trunk vatermain that has been discovered now. This is a funding issue and should be discussed with Joe Adams, SPUC, and Valley Green Business Park as to how this funding issue should be resolved. The trunk watermain costs were not included in the assessments to Valley Green. SPUC would like these assessments paid up front. Don Sterna, WSB Engineer, stated that penalties to the contractor doing the roadway work were looked into. He noted there are some liquidated damages in the contract. Joe Adams, Shakopee Public Utilities Commission Planning Manager, approached the podium and stated why the trunk watermain cost went astray from the feasibility report. Mr. Adams has had some discussions with Mr. Albinson, Valley Green Business Park, on the trunk watermain costs. The expense for the oversizing of the trunk watermain would be quite a huge sum of money for SPUC to be putting out in the first year with no return coming back in the first year. SPUC and the developer will work this issue out. Official Proceedings of the April Z, 2002 Shakopee City Council Page —10- Jon Albinson, Valley Green Business Park, stated that his buyer needed to be talked with but his opinion was that this issue could be worked out. Sweeney/Lehman moved to accept the low bid of $5;196,858.74 and offered Resolution No. 5689, A Resolution Accepting Bids For County State Aid Highway 83, From 12 Avenue To 1870 Feet South Of The Existing Intersection Of County State Aid Highway 16; And For County State Aid Highwayl6, From 850 Feet West Of County State Aid Highway 83 to 1500 Feet East Of County State Aid Highway 83, Project No. 2001 -4, and moved its adoption. Motion carried 4 -0 with Cncl. Link abstaining. Sweeney /loos moved to authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services for the City of Shakopee for Project No. 2001 -4. Motion carried 4 -0 with Cncl. Link abstaining. Sweeney /Joos moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on project No. 2001 -4. Motion carried 4 -0 with Cncl. Link abstaining. Sweeney/Lehman moved to approve a motion ordering plans be revised to include a bituminous trail along CSAH 83 From TH 169 to 12 Avenue: , otion carried 4 -0 with Cncl. Link abstaining Jim Peterszak, resident along CR. 16, approached' th'e'podium with some concerns regarding the shutting down of CR. 16 and CR. 83. He wanted to. know if there would be public notices sent as to when CR 16 would be closed. Mr. Loney commented the web site would have this temporary road closing information; there would be a field office on site with inspectors if the residents wanted to be notified they could leave a note and emergency personnel would be notified of the roads temporary shutdowns. Mr. Sterna addressed the road concerns also and stated there is an overall traffic plan with this roadway reconstruction and public improvement project. Sweeney /Joos offered Resolution No. 5687, A Resolution Establishing Municipal State Aid Street For Sarazin Street From Valley View Road To 17 Avenue, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Joos offered Resolution No. 5688, A Resolution Re- establishing Municipal State Aid Street For Valley View Road From Sarazin Street ;To;County State Aid Highway 83, and moved its adoption. (Motion carried under the Consent, Agenda). Sweeney /Joos offered Resolution No. 5686, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 2002 Vierling Drive Trail Improvement, From County Road 79 to Sage Lane, Project No. 2002-2., (Motion carried under the Consent Agenda). Official Proceedings of the April 2, Shakopee City Council Page —11- Sweeney/Joos moved to approve the appropriate City officials to acquire the easement needed for the construction of Sarazin Street and Valley View Road, City Project 2001 -5 from Betaseed, Inc. in the amount of $82,400. (Motion carried under the Consent Agenda). Sweeney /Joos offered Resolution No. 5677, A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, From County Road 15 To The West Plat Line Of Orchard Park West P.U.D. 1 St Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Joos moved to authorize the appropriate city officials to enter into the participation agreement with the Multi - Jurisdictional Network Organization and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Joos offered Resolution No. 5678, A Resolution Approving Plans And Specifications And Ordering Advertisement for Bids For The Tahpah Park Parking Lot, Project No 2002 -3, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Joos moved to direct the appropriate City officials to release the escrow for construction of a sidewalk along 13 Avenue in the plat of Evergreen. 1St Addition, and direct staff to prepare a revised resolution of plat approval deleting the condition related to said sidewalk. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, approached the podium and stated with Council's approval Request for Proposals ( RFP's) had been prepared for transit service. This RFP was sent out to eight agencies and three proposals were received back by the City. Mr. Leek requested George Bentley, a transit consultant, to analyze the proposals received back to the City. Mr. Bentley recommended LaidLaw Transit Services, Inc.; Mr. Leek is just asking for direction in case there are additional needs or analysis that should be looked at that had not already been included in the RFD's. All proposals were within the, City budget for transit services. Mr. Leek noted that in the RFP's he did include a request' for-proposal for preschool transportation services. Mr. Leek noted from the number of calls received by the City there did not appear to be a substantial demand for this preschool service. George Bentley, a transit consultant, approached the podium and stated how he analyzed the transit RFD's. Mr. Bentley also noted that Scott County Transit provided a preschool proposal with costs but stated they would like to talk with the City first; Laidlaw did not provide a written proposal for preschool services but stated if the City desired this type service also they were willing to talk about the preschool service. Cncl. Sweeney thought the lack of the demand for the preschool service was because the City decided not to provide that service at an earlier date. Cncl. Sweeney felt there was a need for this type service. He thought there was value for the City to cooperate with the County when that Official Proceedings of the Shakopee City Council April 2, 2002 Page —12- opportunity arises. It was noted by Cncl. Sweeney the City attempts to maintain cooperative ventures with Scott County. Cncl. Sweeney noted Scott County has a dedicated bus for the preschool service and is located centrally for service for the elderly and the school age children. Sweeney/Link moved to direct staff to negotiate a contract for transit services with Scott County, and bring said contract back for Council approval. Motion carried 3 -2 with Mayor Mars and Cncl. Lehman dissenting. Mr. Leek gave the staff report on the waiver of subdivision regulations for sale of property to Three Rivers Park District. Mr. Leek oriented the property sold to Three Rivers Park District on a boundary map via the overhead. In the process of the closing for the sale of property between the City, Murphy's Landing and Three Rivers Park District the title company required that there be a splitting of three of the parcels that are part of the transaction of the sale because the City was going to retain some portion of the parcels. Because one of these parcels to be retained by the City may not meet the lot size standards, a waiver of the minor subdivision provision in Chapter 12 that requires all design standards in chapter 11 to be met is before the Council tonight. Mr. Leek oriented the properties retained by the City. After the minor subdivision is done for these properties, these properties will each have their own legal descriptions recorded. Cncl. Sweeney stated that the Fish and Wildlife service has paid the City to maintain that land in the condition that it is in. Sweeney /Joos moved to waive the requirements of City Code Sec. 12.5, Subd. 3,13, that all resulting lots from the minor subdivision on the parcels retained by the City from the sale of Murphy's Landing to Three Rivers Park District meet the design standards of Chapter 11, and directed staff to proceed with the processing of an application for minor subdivision for the subject parcels. Motion carried unanimously. Sweeney /Joos offered Resolution No. 5679, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel Handbook, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Joos moved to accept with regret the resignation of Fulton Schleisman as Building Official from the City of Shakopee, effective April 3, 2002. (Motion carried under the Consent Agenda). Sweeney /Joos moved to authorize the filling of the:vacant Building Official position by internal promotion, and designate Jim Grampre as Building official, effective April 3, 2002, at step B — Range 8, of the 2002 Pay Schedule. (Motion carfiid under the Consent Agenda). Sweeney /Joos offered Resolution No. 5690, A Resolution Of Appreciation To Fulton Schleisman, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the April 2, 2002 Shakopee City Council Page —13- Mr. McNeill reported that because of legislative action earlier this year, there are two vacant positions on the Shakopee Public Utilities Commission (SPUC). An interview panel of Mark McNeill, City Administrator, and Cncls Joos and Lehman were appointed to interview candidates for the two positions available on SPUC. Mr. McNeill suggested a workshop meeting be set to consider these appointments. Mr. McNeill stated that SPUC desired that the appointments to this Commission be made before their first meeting in May. A workshop meeting date was set for April 23, 2002 and the two appointments to the SPUC Commission will be made at that time. Mr. Gregg Voxland, Finance Director reported that.it appeared that the General Fund fund balance for 2001 will be approximately 31% over expectations. Mr. Voxland asked if the Council wanted to transfer $750,000 from the General Fund to the Building Fund? Mr. Voxland stated if this transfer of funds is made this will bring the fund balance of the General Fund down to the bottom level of Council's targeted range [25 -35 %]. Joos/Lehman moved to transfer $750,000 from tle' Fund to the Building Fund. Cncl. Joos noted that this would put the City at 25% of the fund balance. Motion carried unanimously. Mr. McNeill noted with the transfer of the $750,000 to the Building Fund the shortfall now to construct the new Library and the Police buildings in 2003 is approximately $2.7 million. The cost of financing of an interfund transfer to cover this.: shortfall would be an interest amount equal to what the investment portfolio would be generating: It was determined that this loan if made from the Sanitary Sewer Fund could be repaid in four years. The cost of the interest for the loan would be just under $350,000. Cncl. Sweeney noted that with the reconstruction of the Riverside Interceptor that is scheduled for repair and in bad need of this repair will alone draw down the Sewer Fund Account significantly. It was the consensus of the Council that when the exact amount of the loan needed was known then the Council would move to make the loan frorn.the Sanitary Sewer Fund to the Building Fund. Mr. McNeill stated a meeting was needed to discuss awarding the contract for the new Library construction. These bids will be opened on April 16 I and also Scott County has requested time to go over the first draft copy of the Orderly Annexation Agreement with Jackson and Louisville Townships. Sweeney/Lehman moved to set a meeting date to discuss the awarding of a bid for the new Library and going over the first draft copy of the Orderly Annexation Agreement with Jackson and Louisville Townships for April 23, 2002 from 4:30 p.m. to 5:30 p.m. Motion carried unanimously. Official Proceedings of the Shakopee City Council April 2, 2002 Page —14- Sweeney /Joos moved to declare the following property as surplus property: City Vehicles: 1992 Ford Cr Vic 2FACP72W4NX199832; 1994 Buick CSP 1G4AG55N EKR6484239; 1995 Chev LLS 2G1WN52X1S9160974; 1998 Chev L/S 2G1WL52MOW9144203; 1991 Intl Dump 1HTGBN)CRXMI 1984 Ford Ranger 1FTBR10AXEUD13604; 1988 GMC Pick -Up 1GTGK34K7JE533277; 1995 Ford Cr Vic 2FALP7IWXSX174818 and seized Vehicles: 1991 Volkswagen WVWDB4508MK004402. (Motion 'carried under the Consent Agenda). Mr. Voxland reported on the old building at 129 Levee Drive. This building was the original power plant for the City. Most of the equipment within the building has been removed and the insurance has been dropped. Council is asked to declare this building as surplus property and to initiate steps to prepare this building for demolition.. There is money budgeted for this demolition. Staff has concerns regarding the renovation of this old dilapidated building. Cncl. Sweeney noted that this building is right on the state trail and perhaps some one would be interested in the use of this building for trail services /needs. Cncl. Sweeney noted many buildings that are on state trails are successful business ventures. Cncl. Sweeney would like to explore putting this building on the market or make rental space available with the City updating the building. Joos/Mars moved to declare the building at 129 Levee Drive as surplus property and directed staff to proceed with demolition preparations after checking to see if there is a viable use for this building. Motion carried unanimously. Sweeney /Joos moved to authorize the purchase of anolta Di -620 Digital Copier from Lo$ler Companies, in the amount of $17,297.73. (Motion °ca M i rried under the Consent Agenda). Mayor Mars mentioned that staff has been directed to bring back penalty suggestions for alleged violation's on tobacco. Mayor Mars really wanted to see more consistency and wanted zero tolerance for tobacco and liquor violations. Link/Lehman move to authorize $7,700 from the General Fund contingency for the City's participation in the downtown hanging flower basket program that Vision Shakopee is planning. Cncl. Lehman stated he would like to see the Public Works Department utilize the new vehicle to its full potential. Motion carried unanimously. Sweeney/Lehman moved to recess for an executive session to discuss labor negotiations for the Police Patrol at 11:26 p.m. Motion carried unanimously. Mayor Mars re- convened the meeting at 11:44 p.m. Official Proceedings of the Shakopee City Council April 2, 2002 Page —15- Mayor Mars announced that no action was taken by the City Council during the executive session. SweeneyALehman moved to adjourn to Tuesday, April 16, 2002, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 11:45 p.m. Z dith S. Cox City Clerk Carole Hedlund Recording Secretary MWIN CITY OF SHAKOPEE `` CaN S E.NT emorandicm TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: May 2, 2002 Introduction and Background Attached is a print out showing the division budget status for 2002 based on data entered as of 5/02/2002. Attached is a regular council bill list for invoices processed to date for council approval. Also included in the checklist are various refunds, returns, pass through, etc. totaling $180,122.34. The actual net expense amount is $490,707.16. Action Requested Move to approve the bills in the amount of $670,829.50. 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O N N O O V V O Ct O V h M O O O n 0 n O m O O O O 0 I O N O N O O 0 O O O O 0 0 O 0 0 0 O 0 O CITY OF SHAKOPEE Police Department Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Detective Molly Schrot SUBJECT: Presentation of Certificates of Appreciation DATE: May 2, 2002 10 1 1 , 11, 0 1 11 1 The City Council is requested allow the presentation of Certificates of Appreciation in recognition of Emergency Medical Services week. C I 1 Detective Molly Schrot will present Certificates of Appreciation in recognition of Emergency Medical Services week to Fire Chief Terry Stang and Police Chief Dan Hughes. Detective Molly Schrot is member of the Emergency Medical Services Advisory Committee. This committee is a sub - committee of the Scott County Commissioners. The Committee's focus is on pre - hospital care for the citizens of Scott County. ACTION REQUESTED: Staff requests that the Mayor introduce Detective Molly Schrot for the presentation. 5/2/02 CITY OF SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator R. Michael Leek, Community Development Director Amendment to the Comprehensive Plan/Land Use Plan to Re -guide Property from Rural Residential to Single- Family Residential MEETING DATE: May 7, 2002 APPLICATION DATE: January 31, 2002 60 -DAY REVIEW: April 1, 2002 (Extended 60 days by letter dated February 4, 2002 to May 31, 2002) CASE LOG NO.: 02 -023 l31 ' � On April 2, 2002 the Council tabled this item, with direction to City staff to discuss the water supply issues with the Shakopee Public Utilities Commission (SPUC) staff During the week of April 29 both staffs met. SPUC staff said that they had met with City of Savage staff in April about separating the larger water sharing issues from the issue of Savage providing water service to this parcel. They are expecting a letter in this regard from the Savage City Administrator, Steven King, on or about May 2n City staff suggests that the Council leave this item on the table until the meeting of May 21 t to allow additional time for discussion in light of the Savage letter. ALTERNATIVES: 1. Remove the item from the table, and act affirmatively or negatively on the request. 2. Remove the item from the table, and provide City staff with additional direction. 3. Leave the item on the table until May 21, 2002. STAFF RECD NDATION: Staff recommends alternative no. 3, leaving the item on the table until May 21, 2002_ l ' 1' 1 No action is required if the Council chooses alternative no. 3. e R. Michael Leek Community Development Director Memorandum TO Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Comprehensive Plan/Land Use Plan to Re -guide Property from Rural Residential to Single - Family Residential ME= APPLICATION A January 31, 2002 60-DAY W: April 1, 2002 (Extended 60 days by letter dated February 4, 2002 to May 31, 2002) CASE LOG NO.: 02 -023 Tollefson Development has acquired an interest in Outlot A, Horizon Heights 4' Addition, and wishes to develop the property as sewered single - family lots. The subject property is about 97.8 acres in size. The applicant seeks to have the property guided for single - family development, and MUSA extended to allow the provision of sanitary sewer service from the City of Savage. At this time, Savage has indicated that it would be able to provide service to about 130 single - family lots. This would yield a development density of about 1.3 dwelling units per acre. Attached to this memorandum for the Council's information is a copy of the staff report provided to the Planning Commission for its March 21, 2002 meeting. ALTERNATIVES: 1. Offer a motion approving the requested re- guiding from Rural Residential to Single- Family Residential, with direction to staff to 1) prepare a resolution with findings for adoption by the Council on April 16, 2002, 2) submit the amendment for Metropolitan Council Review, 2) negotiate, for adoption by the City Council, a joint powers agreement with the City of Savage for sanitary sewer service for adoption by the City Council, and 3) work with SPUC and the City of Savage as they negotiate a water services agreement. 2. Offer a motion denying the requested re- guiding from Rural Residential to Single - Family Residential, with direction to staff to prepare a resolution with findings for adoption by the Council on April 16, 2002, 3. Table the matter, and request additional information. 1 At its March 21, 2002 meeting the Planning Commission held a public hearing on the subject request. During the public hearing, the Commission heard from the following individuals regarding the subject request. What follows is a brief summary of the comments received, and is not intended to supplant the actual record. • Matt Welland/Tollefson Development in support of the request; • Dave Brown, representing the property owner - in support of the request; • Ralph Goode, owner of 32 acres on the east side of CSAH 18 — concerned that approval would result in any future extension of services to his property and/or increased costs; • Curt Olson, resident of Horizon Heights - oppose change without a closer examination of what the potential impacts; • Bra Connelly, resident of Horizon Heights — concerned about extent of tree removal that would take place, density of the development, and possible impacts on CSAH 16 traffic or roadway alternatives; • Gary Eckhart, resident of Horizon Heights — oppose change, and would prefer to see the property developed under Rural Residential Zone; • Kathy Gerlach, 4855 Eagle Creek Boulevard — Concerned about possible drainage impacts, and change being approved prior to completion of 2002 Comprehensive Plan Update process. After the conclusion of the public hearing, by a vote of 5 -0, the Commission recommended to the City Council the approval of requested amendment to guide the subject property for single- family residential development, and extension of MUSA to allow the property to be served with sanitary sewer by the City of Savage. r Offer a motion consistent with Council's wishes. R. Michael Leek Community Development Director g. \cc\2002 \0402 \.compplantollefson.doc CITY OF •; Memorandum im FS - 9M R. Mchael Leek, Community Development Director Amendment to the Comprehensive Plan/Land Use Plan to Re -guide Property from Rural Residential to Single-Family Residential MEETING A March 21, 2002 1 "• 1 • Tollefson Development has acquired an interest in Outlot A, Horizon Heights 4 Addition, and wishes to develop the property as sewered s i ng l e -family lots. The subject property is about 97.8 acres in size. The applicant seeks to have sanitary sewer service extended from the City of Savage. At this time, Savage has indicated that it would be able to provide service to about 130 single- family lots. This would yield a development density of about 1.3 dwelling units per acre. Applicant: Tollefson Development, Inc'. Property Owner: Steven D. Muhlenhardt Location: South of CSAH 16; west of the City of Savage; north of the City of Shakopee, and east of CSAH 18 Adjacent Zoning: North: Rural Residential ) South: City ofPrior Lake Fast: City of Savage; single- family residential West: Rural Residential ) MUSA: The site is not within the current MUSA boundary. INTRODUCTION: Tollefson has requested that the subject property be re- guided from Rural Residential (RR) to Single - Family Residential (Rl B), and that the City of Shakopee enter into an agreement to allow the City of Savage to provide sanitary sewer service to the property. H The City of Savage has indicated that it would have the capacity to serve no more than about 168 lots. This would result in a very-low density development, about 1.7 dwelling units per acre. The topography of the subject property, coupled with the tree cover located on it, suggest that it will be a very desirable site for higher -end, single -family lots. Should the applicant's proposal move forward, it will be important that they work closely with the Environmental Advisory Committee and Park and Recreation Advisory Board on issues related to tree and open space preservation, and park dedication and/or development. The applicant has held a number of meetings with Savage planning staff and Shakopee city stag In those meetings the City of Savage has indicated a willingness to provide sanitary sewer service to this property, and that it has capacity to serve up to about 130 single- family lots on the property. City staff has consulted with Tom Caswell, Metropolitan Council staff; who has indicated his belief that the following would be required; • An intercity sanitary sewer agreement; • Review of the land use plan amendment for the City of Shakopee by the Metropolitan Council; and • Review of a sewer plan amendment for the City of Savage by the Metropolitan Council_ Mr. Caswell also indicated that, since the property would be served with sanitary sewer by the City of Savage, that 98 acres would likely not be charged against the City of Shakopee's MUSA allocation. In addition to the above, an agreement will need to be negotiated between the City of Savage and the Shakopee Public Utilities Commission (SPUC). The following review comments have been submitted by' other agencies; • The Prior Lake Spring Lake Watershed District has commented that prior to any construction, a full review and permit from the District would be required. • The Scott County Highway Department has commented that it should review specific plans for development as they come forward. 1. Recommend to the City Council the approval of the requested re- guiding from Rural Residential to Single -Fandy Residential, with direction to staff to 1) submit the amendment for Metropolitan Council Review, 2) negotiate, for adoption by the City Council, a joint powers agreement with the 2 City of Savage for sanitary sewer service for adoption by the City Council, and 3) work with SPUC and the City of Savage as they negotiate a water services agreement. 2. Recommend to the City Council the denial of the requested re- guiding. 3. Table the matter, and request additional information_ • I 1 i; Staff recommends Alternative No. 1. d 4ch Leek Community Development Director g. \boas pc\2002 \0321 \.compplantoliefson.doc 3 SHAKOPEE Comprehensive s Zoning Boundary parcel Boundary . . . . . . . . . . . . . . . T NTO Y I received a call from the developer's engineer who indicated they plan to do a tree inventory of the entire par50% He was f the e a tree el. Most of the trees arelocated to the north ordinance. Trees encompass p where it is hilly. CITY OF SHAKOPEE Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner R SUBJECT: Preliminary Plat of Providence Pointe 3 rd Addition MEETING DATE: May 7, 2002 DISCUSSION Town & Country Homes has made application for preliminary plat approval for the proposed Providence Pointe 3' Addition. The proposed plat is located south of Hwy. 169 and north of the existing Providence Pointe development. The public hearing on this request was held by the Planning Commission on April 18, 2002. A copy of the April 18 report to the Commission is attached for the Council's information. At its meeting, the Planning Commission recommended approval of the Preliminary Plat to the City Council with the added condition that the berming requirements of the City Code be met along the northern boundary of the development. The northern portion of this site in encumbered by an Xcel Energy easement. Xcel has previously informed Town and Country that berming would not be permissible with the easement area. However, as previously noted, the Planning Commission has included a recommended condition of approval requiring compliance with the berming requirements (a 4 foot berm with landscaping units). Please note that the site does provide for a 30 foot decrease in grade from the residential units to Highway 169. Town and Country has submitted the attached letter (Exhibit 1) requesting the review of the berming condition. After consulting with the City Attorney, staff has revised condition no. 8 to address the berming/easement issue. ALTERNATIVES 1. Approve Resolution No. 5711, a resolution approving the preliminary plat of Providence Pointe 3 rd Addition, subject to the conditions contained therein; 2. Approve Resolution No. 5711 with revised conditions. 3. Deny the requested preliminary plat, and direct staff to prepare a resolution consistent with that action. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. ACTION REQUESTED Offer a motion consistent with Alternative 1 or 2, and move its adoption. r,l R Ju' Klima Planner II g.\ cc\2002 \05- 07\ppprovpointe3.doe 2 • t :I 11 1 1 � � 11 '�1 �� 11 WHEREAS, Town and Country, applicant, and Minnesota Department of Transportation, property owner, have made application for preliminary plat approval of Providence Pointe 3rd Addition, and WHERE the subject properties are legally described on Exhibit A; and WHEREA the Shakopee Planning Commission opened the public hearing on the preliminary plat on April 18, 2002; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHERE the Shakopee Planning Commission has recommended approval; and WHE REAS, the City Council reviewed the preliminary plat request at its meeting of May 7, 2002. T HEREFORE , RESOLVED BY :1 i' OF THE CJTY OF SHAKOPEE, MINNESOTA, as follows: That the preliminary plat of Providence Pointe 3 Addition is approved subject to the following conditions; I. Approval of the Final Plat shall be contingent upon approval of revisions to the Providence Pointe I' Addition plat and the Providence Pointe 2 Addition plat. II. Development of the site shall be consistent with the approved Conditional Use Permit (CUP) for the site. III. The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed until Preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. IV. A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. V. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Covington Street shall be renamed to Princeton Avenue. C. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges for the residential portion of the plat, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Park dedication payments shall be provided in lieu of land dedication. Park dedication fees shall be paid at the time of building permit issuance consistent with the adopted fee schedule in place at time of permit issuance. 8. The development shall comply with Section 11.60, Subd. 7.H (berming requirements) unless berming is prohibited as a result of easement favoring Xcel Energy. 9. The transaction providing ownership to Town and Country shall be recorded or N1nDOT shall be required to sign the final plat as property owner. D. Easements shall be shown on the Final Plat as approved by the City Engineer. E. The plat and other relevant documents shall be revised to include turnarounds for shared driveways in excess of 150 ft. in length. IL Following approval and recording of the final plat, the following conditions shall apply; 0 A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. No berming, ponding, signage, or landscaping shall be located in MNDOT right -of -way. C. Any work within the Scott County right -of -way will require a utility permit from the County. D. The dwelling units shall be equipped with climate control and windows with an STC 30 rating. E. Any further required or requested sound mitigation on this site shall be the responsibility of the developer and their assigns. THEREFORE, E IT FURTHER RESOLVED, that approval of the preliminary plat of Providence Pointe 3 rd Addition does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of . 2002. Mayor of the City of Shakopee ATTEST: City Clerk 5 x �1I� to 'i+ k L-901 f e�c . ro\J icvn�e — POi AIC �O That part of the South Half of the Southwest Quarter of Section 7 and the North 10 rods of the North half of the Northwest Quarter of Section 18, all in Township 115 North, Range 22 West, Scott County, Minnesota, lying southerly of the following described line; Commencing at the south quarter corner of said Section 7; thence run northerly on an azimuth of 359 degrees 46 minutes 56 seconds along the north and south quarter line of said Section 7 for 287.58 feet to the point of beginning of the line to be described; thence on an azimuth of 261 degrees 48 minutes 19 seconds, 1788.62 feet, thence on an azimuth of 260 degrees 34 minutes 39 seconds, 238.8 feet; thence on an azimuth of 261 degrees 32 minutes 46 seconds, 437.77 feet; thence on an azimuth of 185 degrees 40 minutes 37 seconds, 180 feet and there terminating, and lying Northerly of Providence Pointe l' Addition, according to the recorded plat thereof, Scott County, Minnesota. D Lots 1, 7 and 11, Block 1, PROVIDENCE POINTE 1 ADDITION, according to the recorded plat thereof, Scott County, Minnesota. Ge1N,21 That part of Outlot A, PROVIDENCE POINTE 1 ADDITION, according to the recorded plat thereof Scott County, Minnesota, described as follows: Commencing at the northwest comer of said Outlot A; thence South 89 degrees 40 minutes 21 seconds East, assumed bearing along the north line of said Outlot A, a distance of 250.93 feet to the actual point of beginning; thence continue South 89 degrees 40 minutes 21 seconds East, along said north line of Outlot A, a distance of 412.54 feet; thence South 00 degrees 19 minutes 39 seconds West, a distance of 210.41 feet; thence South 50 degrees 00 minutes 49 seconds West, a distance of 112.77 feet; thence South 45 degrees 18 minutes 32 seconds West, a distance of 24.19 feet; thence northerly along a non - tangential curve concave to west having a central angle of 04 degrees 26 minutes 20 seconds, and a radius of 1,030.00 feet for an arc distance of 79.80 feet, the chord of said curve bears North 02 degrees 32 minutes 49 seconds East; thence North 00 degrees 19 minutes 39 seconds East, tangent to said curve, a distance of 19.28 feet; thence North 89 degrees 40 minutes 21 seconds West, a distance of 259.49 feet; thence westerly along a tangential curve concave to the south, having a central angle of 41 degrees 32 minutes 37 seconds and a radius of 80.00 feet, for an arc distance of 58.01 feet; thence North 00 degrees 19 minutes 39 seconds East, not tangent to said curve, a distance of 221.60 feet to the point of beginning. April 30, 2002 City Council Members . c!o Mr. Mark McNeal, City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 E rY L 1 h r; � J Re: Providence Pointe 3` Addition - (MnDOT Parcel) CUP and Preliminary Plat Application Berming Condition within Xcel Energy Easement Dear Council Members and Mr. McNeal: Town and Country Homes submitted review of a CUP Amendment and Preliminary Plat for the proposed Providence Pointe 3 Addition, which includes the 15.6 acre MnDOT parcel north of the original . project. On April 19, 2002, the Board of Appeals and Planning Commission approved the CUP Amendment and Preliminary Plat requests. The approvals included a condition to provide a 4 foot berm along the north side of the project within the Xcel Energy power line easement. A 4 foot berm was originally proposed, but Xcel Energy requested no increases in any. elevation within the easement, so it was removed. Since the approval, Xcel Energy was contacted on the issue again, but as of the due date for Council packet information, there has been no response to move forward in either direction. Attached to your packet is a cross - section graphic depicting the distance from the proposed homes to Highway 169. At the closest point, there is at least a football field's distance between the homes and highway. In addition to this distance, there is a gradual 30 foot elevation decrease from the homes to the highway. Town and Country Homes proposes to continue working with Xcel Energy to ultimately incorporate a 4 foot berm. However, if Xcel Energy decides not to allow the berm, we propose to continue providing the additional landscaping currently shown on the north property line to enhance views. In addition, we agree to using STC 30 rated windows and temperature control systems in the 96 proposed units for more soundproofing. Please contact me at 952 - 253 -0448 if you have any questions. Sincerely, k6sta R. Flemming Project Manager — Land Developmen 7615 Smetana Lane, Suite 180 ® Eden Prairie, MN 55344 (952) 944 -3455 ® Fax (952) 944 -3437 MN Builder License #9137 0 CITY OF SHAKOPEE Memorandum CASELOG NO: 02 -038 TO Shakopee Planning Commission FROM: Julie Klima, Planner H g SECT: Preliminary Plat of Providence Pointe 3` Addition MEETING DATE: April 18, 2002 SITE INFORMATION: Applicant: Town & Country Homes Location: South of STH 169; north of Providence Pointe 1" Addition; west of CSAH 17 Current Zoning: Planned Residential District (PRD) Adjacent Zoning: North: Hwy. 169 South: Planned Residential District (PRD) East: Highway Business Zone (B -1) West: CSAH 79, Jackson Township Draft Comprehensive Plan: Planned Residential District MUSA: This site is within the MUSA boundary. CONSIDERATIONS: Town & Country has made application for preliminary plat approval of Providence Pointe 3 Addition. The subject site is directly north of the applicants first two phases of Providence Pointe. A copy of the applicant's narrative is attached. The Board of Adjustments and Appeals is scheduled to review a proposed amendment to the existing conditional use permit for Providence Pointe. Action should be taken on the request to amend.the CUP prior to discussion of the preliminary plat application. The plat as proposed contains shared private driveways that exceed 150 feet in length. Under the City's engineering design criteria, these are required to"have turnarounds. A condition requiring modification of the plat to include such turnarounds has been included in the draft conditions of approval. 1 Park dedication for this development will be met through cash dedication. A condition addressing this requirement has been included in the draft conditions of approval. Due to the proximity of the development to Highway 169, staff is recommending that the development include climate control systems and that windows with an STC rating of 30 be used to provide noise mitigation. The applicant has submitted a landscaping plan. City Code Sec. 11.60, Subd. 8, Landscaping Requirements, requires that residential developments over 6 units in size provide at least 15% of the "lot" shall be landscaped. For this site, that would equal about 3.02 acres. The applicant has proposed a minimum of 1,040 landscaping units. It appears that the landscaping proposal meets the ordinance requirement. However, landscaping will be verified at the time of building permit issuance. Other Comments: The Fire Inspector has commented that Covington Street is not acceptable as it is too similar • to an existing street within Shakopee. The applicant has been made aware of this and has notified staff that Princeton Avenue will be usedi, • The Engineering Department has provided (see Exhibit B). These comments have been included in the draft conditions of approval. • The Building Official has commented that temporary street signs are required. • The applicant completed a noise study (see Exhibit Q. The noise study provides the following recommendations: 1. The buildings are constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB 9A. 2. The buildings have year round climate control. 3. The buildings have no areas or accommodations that are intended for outdoor activities (ie. Patios, decks, camping or picnicking areas). . The last recommendation is not consistent with the nature of this development and recreation opportunities. As such, staff is recommending that any future noise mitigation requested by the residents of the development be the sole responsibility ofthe developer /home owners association. ALTERNATIVES: 1. Recommend approval of the preliminary plat of Providence Pointe 3 rd Addition, subject to conditions as outlined below. I. Approval of the Final Plat shall be contingent upon approval of revisions to the Providence Pointe I" Addition plat and the Providence Pointe 2nd Addition plat. II. Development of the site shall be consistent with the approved Conditional Use Permit (CUP) for the site. III. The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed until Preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. 2 IV. A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. V. The following procedural actions must be completed pri or to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Covington Street shall be renamed to Princeton Avenue. C. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges for the residential portion of the plat, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Park dedication payments shall be provided in lieu of land dedication. Park dedication fees shall be, paid at the time of building permit issuance consistent with the adopted fee schedule in place at time of permit issuance. D. Easements shall be shown on the Final Plat as approved by the City Engineer. E. The plat and other relevant documents shall be revised to include turnarounds for shared driveways in excess of-150 ft. in length. M. Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. No berming, ponding, signage, or landscaping shall be located in NE DOT right - of -way. C. Any work within the Scott County right -of -way will require a utility permit from the County. D. The dwelling units shall be equipped :with climate control and windows with an STC 30 rating. ' E. Any further required or requested sound mitigation on this site shall be the responsibility of the developer and their assigns. 3 2. Recommend approval of the preliminary plat of Providence Pointe 3 rd Addition, subject to revised conditions. 3. Deny the Preliminary Plat. 4. Continue the public hearing to allow time for additional information to be brought forward. 5. Close the public hearing, but table action andrequest additional information from staff and/or the applicant. RECO NDATION: Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to approve the Preliminary Plat of Providence Pointe 3" Addition subject to the conditions provided (Alternative No. 1). Vfi 4er ima II g:\ boaa - pc\2002 \04- 18 \ppprovpouite3.doc 4 / N 74 W E SHAKOPEE S carsfurm Mmsae =Iw Proposed Prelim ary Plat for Providence Pointe 3rd Addition Zoning • • . Parcel Boundary City of Shakopee Memorandum TO: Julie Klima, Planner H FROM: Joe Swentek, Project Engineer SUBJECT: Preliminary Plat — Providence Pointe P Addition DATE: April 8, 2002 After reviewing the above referenced application, I have the following comments for the applicant and for the planning department: Recommendation A. Preliminary Plat: a. Easements shall be shown on the final plat as approved by the City Engineer. Approval of the final plat shall be contingent upon approval of revisions to the Providence Pointe 1' Addition plat and the Providence Pointe 2nd Addition plat. B. Preliminary Grading and Preliminary Street and Utility Plans: ' The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed until Preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. 2! A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. Prior to construction, surveyor's bench loop notes will be submitted showing the benchmarks for this site have been established using the City of Shakopee's approved bench mark system 1 of 1 �f C1 INDUSTRIAL H YGIENE SERVICES CO RPORATION March 18, 2002 Ms. Krista Flemming . Town & Country Homes 7516 Smentana. Lane, Suite 180 APR 1 RECD Eden Prairie, MN. 55344 Dear Ms. Flemming: RE: Industrial Hygiene Services; Noise Level Measurements, Providence Pointe 3 Addition, Shakopee, Minnesota Industrial Hygiene Services (IHSC) is pleased to present this report to Town and Country Homes . This report provides the results of the pre - construction (background) noise surveys relative to the -Providence Pointe 3' Addition in Shakopee, Minnesota. SCOPE OF SERVICES At the request of Ms Krista Flemming of Town and Country Homes IHSC performed noise .monitoring, to measure the background sound levels from traffic on" State Highway No. 169 and County Road No. 79, impacting the Providence Point development site in Shakopee, Minnesota. " The development site is located south of the right of way to State Highway No. 169 and east of the right of way to County Road No. 79. At the time of our assessment the site was basically an open field. REPORT SUAEqARY IHSC " performed daytime noise monitoring on Saturday March 16, 2002. Nighttime monitoring was conducted from Sunday Morning March 17, 2002. The monitoring was conducted with a Quest Technologies 2900 Sound Level Meter. The dosimeter was - placed at the northwestern comer of the parcel along State Highway No. 169 and County Road No. 79 approximately 140 feet east of the ly 320 feet south of the center of the eastbound lane centef of County Road No. 79 and approximate of State Highway No. 169. Measurements were also taken in the northeast comer of the parcel along State Highway No. 169 approximately 395 feet south of the center of the eastbound lane of . State Highway No. 169. The results are as follows: Results of the daytime noise monitoring show the sound levels measured at the each sampling location, to. be in compliance with Minnesota Pollution Control Agency Standards for Noise Area Classification (NAC) 1, land use activities. NAC 1 includes Household units and "other" residential units. Table 1 presents the daytime results: 3585 Lexington Ave N Suite 150 St. Paul, MN 55126 651.766.9811 fax 651.766.9822 Town & Country Homes IHSC project No. MO2-264 March 18, 2002 Table 1 Daytime Measurements . March 16, 2002 In addition' to traffic on State Highway No. 169 and County Road No. 79 the measurements at both daytime locations were impacted by snowmobiles and all terrain vehicles operating between equipment and State Highway No. 169 (off of the Providence Point Property). the sampling Emergency e q at p rgency vehicle sirens located across State Highway No 169 also impacted the measurement at the Northeast corner of the site. ely 49 degrees F with light winds (less than 10 MPH) The daytime temperature was approximat out of the southeast. Results of the nighttime noise monitoring show the sound levels measured at the each sampling location, to exceed Minnesota Pollution Control Agency Standards for Noise Area Classification ' (NAC) 1, land use activities. NAC 1 includes Household units and "other" residential units. Table 2 presents the nighttime results: Table 2 Nighttime Measurements March 16, 2002 The nighttime temperature was approximately 30 degrees F with light winds (less than 10 MPH) out of the east - southeast. METHODOLOGY _ The monitoring was conducted using a Quest Technologies 2900 Sound Level Meter. The Sound Level Meter was calibrated before and after the survey using a.. Technologies -10 calibrator operating at 114dB and 1000Hz. The sound level meter was mounted on a Sinco CX -107 QC - tripod and the tripod was adjusted. to place the unit approximately 42" above the ground. The dosimeter was set to measure using the "A" scale and fast response characteristics and then allowed to run during the measurement period. DISCUSSION Daytime noise monitoring was conducted from 1:15 p.m. to 3:41 p.m. on Saturday March 16, 2002. Town & Country Homes IHSC Project No. MO2 -264 March 18, 2002 Nighttime noise monitoring was conducted from 4:19" a.m. to 6:41 a.m.' Sunday March 17, 2002. The MPCA uses two levels, the L10 and the L50 to determine compliance with the Noise standard-, 7030.0040. These levels are defined in subparts 7 & 8 of 7030.0020 as: L10 -means the sound level, expressed in dB(A), which is exceeded ten (10)- percent ( %) of the time... " L50 -means the sound level, expressed in dB(A), which is d"xceeded fifty (5 0) % of the time... The MPCA establishes various Noise Area Classifications (NAC) for different types of land uses: Residential households, hotels, schools, churches and other cultural or entertainment uses are considered Class 1. Most business and retail trade uses are Class 2. Industrial and manufacturing uses are considered Class 3. The standards define daytime and nighttime as: Daytime -means those hours from 7 :00 a.m. to 10:00 p.m. Nighttime -means those from 10:00 p.m. to 7:00 a.m. The MPCA Noise standards are found in Chapter 7030.0040 Subpart 2 and can be summarized. by . the following chart: " Daytime Nighttime L50 L10 L50 L10 Class 1 60 65 50 55 " Class 2 65 70 65 70 Class 3 75 80 75 80 Temperature and humidity levels during the testing periods fall within the proper operating range of er information is provided in Tab 2 of this report. the Quest 2500 Sound Level Meter. Weath CONCLUSION Based upon an evaluation of the results, of the noise monitoring conducted at the Providence Point development site on March 16 and 17 2002, measured daytime noise levels are below the MPCA standards for residential (Class 1) land use but the measured nighttime noise levels are above the MPCA standards for residential (Class 1).. "The nighttime readings in the northeast corner of the site were below the nighttime L50 and only slightly exceeded the nighttime L10 noise standard. The nighttime reading in the northwest corner exceeded both the L10 and L50 readings. Bases on the sample results it appears the additive noise from both roadways has the greatest impact on the Town & Country Homes IHSC Project No. MO2-264 - 14 mh 18, 2002 4 site. The NTCA allows for the noise area classification for land use to be changed if certain criteria are met. The standards. for a building in a noise classification 2 shall be applied to a building in noise . classification 1 if the following classifications are met: 1. The Building(s) are constructed in such a way that the exterior to interior sound Level attenuation is at least 30 dB9A); 2. The building(s) have year sound climate control; and, 3. The buildings(s) have no areas or accommodations that are intended for outdoor activities (i.e. patios, decks, camping or picnicking areas). Please note that the results obtained reflect the conditions encountered on the days of our survey. The results were obtained along the site boundaries closest to the apparent noise sources. The construction of residential buildings within the boundaries of the site will likely change the noise levels throughout the site as the structures themselves can attenuate noise. This can result in a reduction in background (traffic) noise levels, particularly as one moves toward the interior of the .. site. REMARKS The environmental services performed by IHSC's industrial hygienists and project managers for this project have been conducted in a manner consistent with the degree of care and technical skill exercised by environmental professionals currently practicing in this area under similar,budget and time constraints.. Conclusions contained in this report represent our professional judgment at the time the project was performed. Any questions regarding the fieldwork, sample results or presented findings should be directed to IHSC. ret D Berglund Industrial Hygienist/Proje anger Attachments — Sample Location Maps Enclosure — MPCA Guide to Noise Control 1 t l� 1 EXISTING UTILITY TOWER PROVIDENCE POINT 3RD ADDITION BNDR� �I LEGEND: A SAMPLING POINT EL N a 0 O N 0 w w NORTHEAST SAMPLE LOCATION PROVIDENCE POINT 3RD ADDITION SHAKOPEE, MINNESOTA PROJECT NO.: PREPARED BY: W)2 -06+ BOB m IrT INDUSTRIAL HYGIENE DRAWN BY: DATE: SERVIGES CORPORATION SJR 3/20/02 ' Ham= I � f I �l 0 c' CA z 0 ti 0 2 LEGEND: A a N O N O w w J LL SAMPLING POINT NORTHWEST SAMPLE LOCATION PROVIDENCE POINT 3RD ADDITION SHAKOPEE, MINNESOTA IROJECT NO.: PREPARED BY: G1C1 ®E MO2 -064 1308 INDUSTRIAL )RAWN 8Y; DATE: SERVICES CORPORATION SIR 3/20/02 • • NY February 28, 2002 Project Providence Pointe 3 rd Addition • Narrative Shakopee, Minnesota PROJECT NA Providence Pointe 3` Addition LOCATION nDot Parcel north of Providence Pointe and South of Hwy. 169 DEVELOPER/APPLICANT Town and Country Homes 7516 Smetana Lane, Suite 180 Eden Prairie, MN 55344 Contact: Richard Palmiter (952) 253 -0441 / Krista Flemming ph. (952) 253 -0448 fax (952) 944 -3437 SITE PLANNING, ENGINEERING Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 -7399 Contact: Bob Bean ph (952) 937 -5150 fax (952) 937 -5822 DEVELOPMENT DATA Existing Zoning: Existing Land Use: Proposed Zoning: Proposed Land Use: nDot Parcel Area: 3` Addition Area (Gross Area): 3` Addition Unit Count: Gross Density Total Unit Count for Entire Project: Number of Units Added to Project: Planned Residential Development (PRD) Agricultural/Vacant Planned Residential Development (PRD) Medium Density Residential 15.62 f AC. 20.13 ± AC. 134 Units (38 Village Collection, 96 Homestead Collection) 6.66 Units / AC. 581 Units (Previously 483 Units) 98 Units PROJECT NARRATIVE PROVIDENCE POINTS 3 RD ADDITION - SHAKOPEE, MN 1 TOWN ; COUNTRY HONES 9; • That part of the South Half of the Southwest Quarter of Section 7 and the North 10 rods of the North half of the Northwest Quarter of Section 18, all in Township 115 North, Range 22 West, Scott County, Minnesota, lying southerly of the following described line: Commencing at the south quarter corner of said Section 7; thence run northerly on an azimuth of 359 degrees 46 minutes 56 seconds along the north and south quarter line of said Section 7 for 287.58 feet to the point of beginning of the line to be described; thence on an azimuth of 261 degrees 48 minutes 19 seconds, 1788.62 feet, thence on an azimuth of 260 degrees 34 minutes 39 seconds, 238.8 feet; thence on an azimuth of 261 degrees 32 minutes 46 seconds, 437.77 feet; thence on an azimuth of 185 degrees 40 minutes 37 seconds, 18o feet and there terminating. And Lots. 1, 7 and 11, Block 1, PROVIDENCE POINTE 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. Lots 17, 18, 19 and 27, Block 1, PROVIDENCE POINTE 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota. pRov]DDENCE POINTE DD • •' r irel "NUMM591 10 Me - * Pre 1' i The Providence Pointe project was approved in 2001. It had 483 total units including a variety of multiple family product types and 14 single family lots. A final plat was approved by the City Council in September of 2001 for the l Addition and in December of 2001 for the 2" d Addition. The first model for the Homestead Collection is open, and construction continues on the other model buildings. The balance of remaining streets in the l Addition and installation of utilities in the 2" Addition will begin early this Spring. -• • .. •. Town and Country Homes proposes extending its multiple family residential community north into Providence Pointe 3` Addition, which includes the 15.6 acre. MnDOT parcel. This Addition includes two of the three multiple family products approved in the l and 2 "d Additions. The Homestead Collection is the back— to—back product ranging in size from 4 to 10 unit buildings. The Village Collection is the product with a mix of single level, stacked flats (end units) and two -story dwellings (interior units) ranging in size from 5 to 8 unit buildings. Product types and building- sizes are no different than those already approved in the l and 2" Additions. These units will have a base price range between the $140s and $170s. The proposed 3` Addition modifies road connections to provide access to the north, which also necessitates reconfiguring 5 of the previously approved buildings. A total of 98 additional units have been added to the overall Providence Pointe community. Two 6 -unit buildings along Providence Drive have been reduced to 5 -unit buildings to accommodate a trail connection at the midpoint of the project and a street extension. One of the 8 -unit Homestead buildings along Liberty Street was replaced by a 6 -unit Village building to accommodate a street connection. Two existing 8 -unit Homestead buildings were made into 10 -unit buildings along Liberty Circle to supplement product types. The trail connection will continue to encourage the pedestrian - friendly environment the project was originally intended to have. No variances are requested. There are no wetlands on the site. The existing stormwater pond will be enlarged to accommodate the additional runoff. All private drives, sprinkler systems, and common open space areas will be owned and maintained by a homeowner's association. This additional area will be added to the existing Condominium association. The existing documents PROJECT NARRATIVE PROVIDENCE POINTE 3 RD ADDITION - SHAKOPEE, MN 3 TOWN & COUNTRY H OMES were revised to acknowledge the potential for additional real estate and submitted to the City. Multiple family development occurs south of the site with County Road 79 to the west and Hwy. 169 to the north. Future commercial uses are proposed east of the site. Access to the development would come from the existing Providence Pointe l and 2" Additions to the rive and Lit amended plat shows access via an extension of Countryside D rtY There are power lines, towers, and associated easement on the property. The lines are owned and operated by Xcel Energy (see attached comments). This application is made to request a CUP Amendment and Preliminary Plat review with eventual Final Plat for the proposed Providence Pointe 3` Addition. Due to the unique circumstances associated with this project addition and timing for installation of improvements to Phases I and 11, concurrent review of the CUP Amendment and Preliminary Plat is requested. R CJ Vip ° � a S?o O2o�m �kx tnm O y me W C A N .ZI 5.� � O N r..ar M- nl... 1/2 et M. xw //, -Z� 1 a 1 --- -- - - - - - -- -- �--- .............. _ . ....._ ..._. C QU S AD NO 79 — — — — — — I .. ...�� - - - 2 .. 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A. s'$� r fit RR N z O �tY 4r3 N�4 s R 4 -i s �� , 3�H •,43N °ti2� :�� 7 S:�•o�� a -�H� ?Q s Qv r1 Q o S y � ?� Sc D c ; �± a 81 NT O !o m � o mN D F i <<, CITY OF SHAKOPEE Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Monarch Estates ME ETING DATE: May 7, 2002 CASELOG NO.: 02 -036 DISCUSSION Tollefson Development has made application for preliminary plat approval for the proposed Monarch Estates. The proposed plat is located north of 17 Avenue and east of Dublin Square. This plat proposes the creation of 64 single family residential lots. However, the northeastern comer of the property is outside the current MUSA boundary. The total area outside the MUSA boundary is approximately 1± acre. The public hearing on this request was held by the Planning Commission on April 18, 2002. A copy of the April 18 report to the Commission is attached for the Council's information. At its meeting, the Planning Commission recommended approval of the Preliminary Plat to the City Council with the deletion of Condition No. I. Condition No. I proposed that the City Council not review the preliminary plat until such time as MUSA was allocated to the entire parcel. ALTERNATIVES 1. Approve Resolution No. 5712, a resolution approving the preliminary plat of Monarch Estates, subject to the conditions contained therein; 2. Approve Resolution No. 5712 with revised conditions. 3. Deny the requested preliminary plat, and direct staff to prepare a resolution consistent with that action. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. ACTION REQUESTED Offer a motion consistent with Alternative 1 or 2, and move its adoption. r �he Klima M anner 11 :1 ' ' 1 11 1 I : WHEREAS, Tollefson Development, applicant, and Tollefson Development and City of Shakopee, property owners, have made application for preliminary plat approval of Monarch Estates; and WHEREAS, the subject properties are legally described as: The North Half of the North Half of the Northwest Quarter of the Norehheast Quarter of Section 17, Township 115 North, Range 22 West, Scott County, Minnesota, including the North 33 feet; and WHEREAS, the Shakopee Planning Commission opened the public hearing on the preliminary plat on April 18, 2002; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to the conditions listed below, and WHEREAS, the City Council reviewed the preliminary plat request at its meeting of May 7, 2002. :1 1' : I I :I 1 1 :1 1 1 ' 11 I , , That the preliminary plat of Monarch Estates is approved subject to the following conditions; I. Revised street names shall be provided at the time of Final Plat application. II. The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed 2 until preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. M. A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. IV. Prior to construction, surveyor's bench loop notes will be submitted showing the benchmarks for this site have been established using the City of Shakopee's approved bench mark system. V. Temporary street signs are required to be displayed. VI. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Park dedication payments shall be provided in lieu of land dedication. Park dedication fees shall be paid at the time of recording of the final plat consistent with the adopted fee schedule in place at time of recording. C. Easements shall be shown on the Final Plat as approved by the City Engineer. VII. Following approval and recording of the final plat, the following conditions shall apply: A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Any finrther required or requested sound mitigation on this site shall be the responsibility of the developer and their assigns. 3 THEREFORE, E rr FURTHER RESOLVED, that approval of the preliminary plat of Monarch Estates does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2002. Mayor of the City of Shakopee lQ City Clerk n CITY OF SHAKOPEE Memorandum CASELOG NO: 02 -036 TO: Shakopee Planning Commission FROM: Julie Klima, Planner H SUBJECT: Preliminary Plat of Monarch Estates MEETING DATE: April 18, 2002 REVIEW PERIOD: February 28 —June 28, 2002 Ulvq1 f Applicant: Tollefson Development Location: North of 17` Avenue aAd- eiAst;bfDublin Square Current Zoning: Urban Residential (R -1B) Zone Adjacent Zoning: North: Agricultural Preservation (AG) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Medium Density Residential (R2) Comprehensive Plan: Single Family Residential MUSA: This site is PARTIALLY within the MUSA boundary. CONSIDERATIONS: Tollefson Development has made application for preliminary plat approval of Monarch Estates. The subject site is directly north of 17' Avenue and,:east of Dublin Square (see Exhibit A). The plat proposes the creation of 64 single farnily residential lots. Access to the development is provided by a public street connecting to 17" Avenue.:; The individual lots are provided access by a system of public roadways. Staff is recommending that a street name be provided for the north/south roadway and the name of the "loop" street be revised at the time of Final Plat application. The northeast corner of this development is currently outside of the existing MUSA boundary. The area located outside the MUSA boundary affects all or a portion of the following lots: Lots 8 through 16, Block 3 and Lot 7, Block 4. The City Council is scheduled to review the draft Comprehensive Plan at its April 16 meeting. As a part of that discussion, Council will be asked to make a determination regarding the allocation of MUSA to properties currently split by the •1 MUSA boundary. Should the Council decide, at that meeting, to allocate MUSA to this parcel, the application for preliminary plat can proceed as planned. However, should the Council decide to not allocate MUSA to this property or table discussion on the matter, staff recommends that the preliminary plat application and its recommendation from the Planning Commission not be forwarded to the City Council until such time as MUSA has been allocated to this property. Park dedication for this development will be met through cash dedication payable at the time of recording of the final plat. If the applicant wishes to defer payment of park dedication fees to building permit issuance, the request should be made in writing prior to City Council review of the preliminary plat. A condition addressing this requirement has been included in the draft conditions of approval. The applicant has not requested any variances as a part of the preliminary plat application. Other Comments: • The Engineering Department has provided comments (see Exhibit B). These comments have been included in the draft conditions of approval. • The Building Official has commented that temporary street signs are required. ALTERNATIVES: 1. Recommend approval of the preliminary plat of Monarch Estates, subject to conditions as outlined below. I. The Preliminary Plat application shall not be reviewed by the City Council until such time as MUSA has been allocated to the entire area included with the Preliminary Plat application. II. Revised street names shall be provided at the time of Final Plat application. III. The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed until preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. IV. A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. V. Prior to construction, surveyor's bench loop notes will be submitted showing the benchmarks for this site have been established using the City of Shakopee's approved bench mark system. VI. Temporary street signs are required to be displayed. VII. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by.the City Attorney. B. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Park dedication payments shall be provided in lieu of land dedication. Park dedication fees shall be paid at the time of recording of the final plat consistent with the adopted fee schedule in place at time of recording. C. Easements shall be shown on the Final Plat as approved by the City Engineer. Following approval and recording of the filial plat, the following conditions shall apply; �...; A. Building construction, sewer, `vatuf service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Any further required or requested sound mitigation on this site shall be the responsibility of the developer and their assigns. 2. Recommend approval of the preliminary plat of Monarch Estates, subject to revised conditions. 3. Deny the Preliminary Plat. 4. Continue the public hearing to allow time for additional information to be brought forward. 5. Close the public hearing, but table action and request additional information from staff and /or the applicant. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to approve the Preliminary Plat"" fl f &Tonarch Estates subject to the conditions provided (Alternative No. 1). . z �111 L k J e Klima er II g:\boaa-pc\2002\04-18\ppmonarchestates.doc J Zoning Boundal Parcel Boundary City of Shakopee Memorandum TO: Julie Klima, Planner II FROM: Scott A. Smith, Assistant City EngineerC�¢! SUBJECT: Preliminary Plat — Monarch Estates DATE: November 8, 2001 After reviewing the above referenced application, I have the following comments for the applicant and for the planning department: Recommendation A. Preliminary Plat: 1. Easements must be shown on final plat as approved by City Engineer. B. Preliminary Grading and Preliminary Street and Utility Plans: 1. The submitted preliminary grading, preliminary plat and preliminary street and utility plans have only plan views. No street or utility profile information was submitted as part of this application. No site grading will be allowed until Preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. 2. A storm water drainage map and storm water calculations will need to be submitted before any construction is allowed. 3. 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No. U076 CITY OF SHAKOPE Memorandum CASE LOG NO.: 02 -043 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Final Plat of Greenfield MEETING DATE: May 7, 2002 REVIEW PERIOD: March 21,2002 -July 19, 2002 Site Information: Applicant. Tollefson Development Inc. Property Owners: Tollefson Development Inc. Location: North of Valley View Road, east of Cardinal Drive & west of County Road 83 Current Zoning: Urban Residential (R -1B) Zone Adjacent Zoning. North: Urban Residential (R -1B) Zone/ Agricultural Preservation (AG) Zone South: Rural Residential (RR) Zone East: Agricultural Preservation (AG) Zone West: Urban Residential (R -1B) Zone Acres: 118.77 Acres No. of Dwelling Units: 302 Wetlands: None Park Dedication Acreage. 12.08 Acres R- O- WAdjustment. 28.2 Acres Net Density: 3.9 units /acre MUSA: The site is within the MUSA boundary. Tollefson Development Inc. has made application for final plat approval of Greenfield. The proposed development is located north of Valley View Road, east of Cardinal Drive and west of County Road 83. (Exhibit A). The development, as proposed, would consist of 302 single - family residential lots (Exhibit B). [Kl]►`fy 117 X1.7 I�1 [�7►(. The Preliminary Plat for this development was approved by the City Council on January 15, 2002. The Final Plat is in substantial conformance with the approved Preliminary Plat. Planning staff have determined that based on the acreage /number of units for the proposed development, the developer shall provide parkland dedication in a combination of cash, land and development land for park use equivalent to 12.08 acres. The developer has provided 9.20 acres of land and development land for park use. Then developer has also agreed to provide a cash equivalent for the remaining 2.88 acres, which equals $192,805.00. This fee shall be provided prior to the recording of the Final Plat. The City Clerk has commented that Ormond Avenue is not consistent with the east/west "Avenue" names and that the Planning Commission signature block shall be deleted. The City Attorney has commented that the agreement for construction of the off -site public improvements is signed and received by the City before the plat is recorded. City Engineering has provided a memorandum (Exhibit C), noting conditions that must be met if the final plat is to be approved. The Building Official has commented that temporary street signs shall be displayed and that water and sewer permits are required for individual lot service. ALTERNATIVES: 1. Approve Resolution No. 5713, approving the Final Plat of Greenfield subject to the conditions contained in the attached resolution. 2. Approve the Final Plat of Greenfield subject to revised conditions. 3. Do not approve the proposed Final Plat of Greenfield. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. IMMEN DATION : Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions listed in Resolution No. 5713. � 9 1; Offer a motion approving Resolution No. 5713, approving the Final Plat of Greenfield subject to the conditions contained in the attached resolution, and move its approval. i .000�'f .• - Planner I A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE ,ry _I WHEREAS, Tollefson Development, Inc., applicant and property owner, has made application for final plat of Greenfield; and WHEREAS, the subject properties are legally described as: The east half of the southeast quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, and the east half of the west half of the southeast quarter of Section 17, Township 115, Range 22, Scott County, Minnesota; and WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on November 8, 2001; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to conditions; and WHEREAS, the City Council reviewed and approved the preliminary plat request at its meeting of December 4, 2001; and WHEREAS, the City Council reviewed the preliminary plat amendment request at its meeting of January 15, 2002; and WHEREAS, the City Council reviewed the final plat request at its meeting of May 7, 2002. That the final plat of GREENFIELD is approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the Final Plat: A. A petition shall be provided by the developer for future improvements to Valley View Road and Thrush Street. B. Approval of title by the City Attorney. C. Delete Planning Commission signature block. D. Agreement for construction of the off -site public improvements shall be signed and received by the City. E. Execution of a Developers Agreement, which shall include provisions for security for the public improvements within the Final Plat, public improvements needed to serve the site, improvements for Valley View Road, and for engineering review fees. 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, including trunk water mains, and fire hydrants, 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule and as approved by the City Engineer. 6. Trunk Watermain Charges shall be made, as required by the Shakopee Public Utility Commission. F. Submit additional utility information regarding easements, location, connections, profiles and calculations. G. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. H. The landscape plan shall be revised to comply with the ordinance requirements for size of plantings. I. The developer and City establish an agreement that limits the maximum number of building permits that will be issued prior to the completion of the nortb/south collector street extending to existing 17 Avenue East. J. Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. K. The developer shall provide parkland dedication in a combination of cash, land and development land for park use equivalent to 12.08 acres. The developer will provide 9.20 acres of land and development land for park use, and they will provide a cash equivalent for the remaining 2.88 acres, which equals $192,805.00. This fee shall be provided prior to the recording of the Final Plat. L. Ormond Avenue shall be renamed Ormond Drive. II. Following approval and recording of the final plat, the following conditions shall apply: A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Temporary street signs shall be displayed and water and sewer permits are required for individual lot service. THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of GREENFIELD does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2002. Mayor of the City of Shakopee ATTEST: mmob—i& AN SHAKOPEE C0&%f-ZI FMFSINCE1&7 Proposed -Parcel BoundaA City of Shakopee Alfomnrandijm TO: Michael Leek, Community Development Director FROM: Scott A. Smith, Assi tart Zineer SUBJECT: Final Plat — Greenfield PID No.: 27- 917013 -0, 27- 319061 -0, 27- 917015 -1 DATE: April 4, 2002 The application indicates a final plat is proposed for GREENFIELD. After reviewing the referenced application, I have the following comments for the applicant, and for the planning department: Site Grading Benchmark information will need a registered land surveyor's verification. The benchmarks need to be established and verification notes will have to be submitted that show they have been tied to known City of Shakopee benchmarks. No construction shall begin on the project until final construction plans have been reviewed and approved by the city engineer. Street The applicant's engineer will need to work with City staff and the City's engineering consultant in preparing acceptable street plans for this area. No construction shall begin on the project until final construction plans have been reviewed and approved by the city engineer. Water /Sanitary Sewer The Shakopee Public Utility Commission must approve the water system necessary to serve the proposed development. Any Trunk Watermain Charges shall be paid, as required by the Shakopee Public Utility Commission. Trunk Sanitary Sewer Charges will apply to this plat. i`. 4 S Storm Sewer/Pondin The applicant's engineer will need to work with City staff and the City's engineering consultant on the storm sewer plan for this area of the City and to ensure that adequate easements are incorporated into the final plat. Final platy cannot be recorded until the easements are acceptable to the city engineer. The city needs to see adequate documentation that would indicate the proposed flows through the storm pipe network and ponding system. A drainage map needs to be included with the drainage calculation for this site. Storm Water Trunk Charges will apply to this plat. Recommendation Recommend approval of the Preliminary Plat, subject to the following conditions: 1. Prior to recording of the Final Plat, the following actions must be completed: a) Execution of the Developers Agreement, which shall include provisions for security for public improvements within the Final Plat and the engineering review fees. b) Payment of Trunk Sanitary Sewer Charges shall be made, as required by the most current City of Shakopee Fee Schedule. c) Payment of Trunk Storm Sewer Charges shall be made, as required by the most current City of Shakopee Fee Schedule. d) Payment of Trunk Watermain Charges shall be made, as required by the Shakopee Public Utility Commission. e) Submit additional utility information regarding easements, location, connections, profiles and calculations. f) No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. bi 9L961 'ON 'uu1W 'PunlpoH 'o 11 9099-So4 (199) :xDd L£46 -069 (Z96) :ouo4d 6 0099 -SQb (199) : 4d L££SS Dlocougpq '911y,9wng o ZZISS NW 'uo603 Lol, 11nS i o^VQ >IDO uld SOOZ 1"As 439ZL Way, 006 0NU39N1I.S DNAWNIOIG ON/NNYId w :fN 91b1 - 9: wtq ecru wL 7py 'D10"Uulrj j0 0 4DIS 041 )0 8M01 9l41 ✓�I �1C Sl[dOd�11�Q LCOS����O�L rm to -c9-o 1 1 r-w .a iw. l pun Jaaul u3 IDUO18601OJd p09WOrl AS 31.YO sx M3a 100JIP .(w JOPUn JO 3 Ow uD ,(g l �pOJDdaJd q SNOBN3a 9Dm uold 9 141 1 Ll"O /gaJa4 1 NOLLVDWLLa3J ae Mgydmdl L Q7a�jaIJ��L�}l� IX -311LL 137HS w n�rO1inm�cl'IiN m g ug m"" vii o' . 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SPUC and City staff met last week to discuss the questions raised in SPUC staffs' minds as a result of that/those conversations with Mr. Frechette. Subsequently, John Crooks /SPUC sought input from SPUC's engineering consultant, Thomas A. Roushar of Bonestroo, Rosene, Anderlik & Associates, Inc. Following that letter on May 6, 2002, Lou Van Hout, SPUC Utilities Manager sent a memo to Joseph Adams, SPUC Planning and Engineering Manager, containing questions that still remain in Mr. Van Hout's mind. Mr. Adams, in turn, sent his own memo to City staff with Mr. Van Hoist's memo. Public Works Director Bruce Loney has drafted a response, which is attached as well. In short, then, the following are attached for the Council's information; 1. May 3, 2002 letter from Thomas Roushar to John Crooks /SPUC. 2. May 6, 2002 memo from Lou Van Hout to Joseph Adams. 3. May 6, 2002 memo from Joseph Adams to Bruce Loney and Michael Leek 4. May 7, 2002 memo from Bruce Loney to Joseph Adams The questions raised by Messrs. Van Hout and Adams relate to whether the proposed infiltration system might, in the future, be within the "wellhead protection zone" for future SPCU wells. The problems with trying to answer Mr. Van Hoist's questions in context are that 1) SPUC has not specifically sited the wells; 2) SPUC has just begun the process of preparing a "wellhead protection plan;" and as a result 3) the wellhead protection zones are not known at this time. The general concern underlying SPUC's questions is whether infiltration stormwater poses a danger to groundwater quality. It appears to the author of this report that it is largely irrelevant whether the infiltration in this plat is accomplished with an oversized temporary pond or the infiltration system proposed for this plat. As SPUC's consultant wrote in his letter; "In summary, stormwater infiltration should not pose a significant pollutional threat to SPUC's wells. The subsurface drainfield method of infiltration chosen by Greenfield Development should not pose a greater pollutional threat than infiltration through the bottom of an infiltration pond." (Roushar letter at bottom of page 2) If, despite Mr. Roushar's and Mr. Loney's comments, Council believes that there are significant unanswered questions, then it should direct staff to prepare a revised resolution consistent with Mr. Adams' memorandum. Alternatively, in light of the uncertainties surrounding SPUC's well siting and wellhead protection planning, Council could approve the plat as proposed, including the proposed stormwater infiltration system, with the recommendation to SPUC that it take the location of infiltration ponds in this area of the City into account in its own well location planning. Finally, a minor revision has been made to the attached resolution to require the developer to provide the City with unrestricted deeds for the Outlots being taken as park land dedication. ► : ';Y \L 1. Approve revised Resolution No. 5713, approving the Final Plat of Greenfield subject to the condition contained in the attached resolution. 2. Direct staff to prepare a revised resolution of approval making approval contingent of resolution of remaining storm water questions. 3. Do not approve the proposed Final Plat of Greenfield. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. • 1 1 1 1• 1 ,, Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions as revised and listed in Resolution No. 5713. Offer a motion approving Resolution No. 5713, approving the Final Plat of Greenfield subject to the conditions as revised and listed in the attached resolution, and move its approval. R. Michael Leek Community Development Director res5713fpgreenfield • RESOLUTION OF :I OF 1, MINNESOTA 1 APPROVING THE I OF I I WHEREAS, Tollefson Development, Inc., applicant and property owner, has made application for final plat of Greenfield; and WHEREAS, the subject properties are legally described as: The east half of the southeast quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, and the east half of the west half of the southeast quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, and WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on November 8, 2001; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to conditions; and WHEREAS, the City Council reviewed and approved the preliminary plat request at its meeting of December 4, 2001; and WHEREAS, the City Council reviewed the preliminary plat amendment request at its meeting of January 15, 2002; and WHEREAS, the City Council reviewed the final plat request at its meeting of May 7, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, SOTA, as follows: That the final plat of GREENFIELD is approved subject to the following conditions: 1 res5713fpgreenfield I. The following procedural actions must be completed prior to the recording of the Final Plat: A. A petition shall be provided by the developer for future improvements to Valley View Road and Thrush Street. B. Approval of title by the City Attorney. C. Delete Planning Commission signature block. D. Agreement for construction of the off -site public improvements shall be signed and received by the City. E. Execution of a Developers Agreement, which shall include provisions for security for the public improvements within the Final Plat, public improvements needed to serve the site, improvements for Valley View Road, and for engineering review fees. 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, including trunk water mains, and fire hydrants, 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule and as approved by the City Engineer. 6. Trunk Watermain Charges shall be made, as required by the Shakopee Public Utility Commission. F. Submit additional utility information regarding easements, location, connections, profiles and calculations. G. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. H. The landscape plan shall be revised to comply with the ordinance requirements for size of plantings. I. The developer and City establish an agreement that limits the maximum number of building permits that will be issued prior to the completion of the north/south collector street extending to existing I! Avenue East. I Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. K. The developer shall provide parkland dedication in a combination of cash, land and development land for park use equivalent to 12.08 acres. The developer will provide 9.20 acres of land and development land for park use. The developer will provide the City with unrestricted deeds for these lands. The developer will provide a cash 2 res5713fpgreenfield equivalent for the remaining 2.88 acres, which equals $192,805.00. This fee shall be provided prior to the recording of the Final Plat. L. Ormond Avenue shall be renamed Ormond Drive. Following approval and recording of the final plat, the following conditions shall apply: A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Temporary street signs shall be displayed and water and sewer permits are required for individual lot service. Mayor of the City of Shakopee U 1310 I :AU 1' JU' TO: Michael Leek, Community Development Director Bruce Loney, Public Works Director FROM: Joseph D. Adams, Planning & Engineering Manager Illy SUBJECT: GREENFIELD PROJECT DATE: May 6, 2002 After our discussions last week, we requested and received the attached letter report from our consultant in regard to the proposed storm water infiltration system for this project. I have attached a list of concerns. Please advise if the City will be responsible for the ongoing maintenance of the system including the skimmer, compliance with Minnesota Department of Health rules, cleaning up of any spills in the pond, and initial and periodic monitoring of the quality of the storm water. If the City cannot respond affirmatively in each case, then we respectfully request that approval of the plat and construction of the proposed storm water management system be made contingent on resolution of these ongoing issues. TO: Joe Adams FROM: Lou Van Hout 6 - S - 1 RE: Greenfield Drainfield vs. SPUC 'Wellhead Protection Plan - Clarification of info in Tom Roushar's 5/3/02 letter DATE: 5/6/2002 Tom Roushar's 'Letter, although generally reassuring, left a few questions. Considering the need for getting this drainfield issue resolved in a timely manner, a can you pursue these points today? a) Page 1, Paragraph 4, the "skimmer ": there is a design drawing on the drainfield - but is there a narrative as to exactly is committed for the future. Is there a commitment that the skimmer will be left in place and maintained? And who will do this? b) top of Pg 2, the MDH rules: Is there a commitment that anv additional constraints on such a drainfield in a WHPP area that may be required by the MDH rules (rules we have not Yet seen) will be complied with? At who's cost? c) Pg 2, paragraph 6, skimmer (again): who will clean up such a spill? d) Pg 3, monitoring: is there a commitment to continue future monitoring on a regular basis? Any provisions for continued reporting to SPUC for WHPP purposes? I would hope that the city would make such approvals for the construction or the plat contingent upon getting a satisfactory resolution of the ongoing issues such as these. C C 20 Al" CI�26, V e f Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, RE. - Marvin L Sorvala, P.E. - Glenn R. Cook, P.E. - Robert G. Schunicht, P.E. Jerry A. Bourdon. P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, RE. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. - Richard W. Foster, P.E. • David O. Loskota, P.E. - Mark A. Hanson, P.E. - Michael T. Rautmann. RE. • Ted K. Field, P.E. - Kenneth P. Anderson, P.E. - Mark R. Rolls, P.E. David A. Bonestroo. M.B.A. - Sidney P. Williamson, P.E., L.S. - Agnes M. Ring. M.B.A. • Allan Rick Schmidt. RE. - Thomas W. Peterson, P.E. - James R. Maland. P.E. - Miles B. Jensen, P.E. - L. Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. Ismael Martinez. P.E. - Thomas A. Syfko, P.E. - Sheldon J. Johnson - Dale A. Grove, P.E. - Thomas A. Roushar. RE. - Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN - Milwaukee, WI • Chicago, IL May 3, 2002 Website: www.bonestroo.com Mr. John Crooks Water Superintendent Shakopee Public Utilities 1030 East Fourth Avenue Shakopee, MN 55379 -1699 Re: Greenfield Development Stormwater Infiltration System BRA File No. 1390 -02 -101 Dear John: Since receiving your fax (copy attached), I have conducted an in -house search to determine if anyone was aware of a stormwater infiltration system similar to the one proposed by Greenfield Development. My search did not come up with a "match", although we have had involvement with stormwater infiltration ponds in Maplewood and Woodbury. The difference between the system proposed by Greenfield Development and the infiltration pord.s that we have been involved with is the method used to infiltrate the stormwater. For the systems we are familiar with, the stormwater simply infiltrates through the pond bottom. The Greenfieid Development stormwater infiltration system will route the overflow from a treatment pond to a subsurface disposal system — a sort of stormwater "drainfield ". From the standpoint of introducing pollutants into the groundwater, my intuition is that there should not be a significant difference between an infiltration pond and the system proposed by Greenfield Development. If the area of the proposed subsurface drainfield is less than the area of the upstream treatment pond, which would otherwise be an infiltration pond, the argument could be made that there is a greater point load of pollutants. However, by the time any water discharged by the stormwater drainfield reaches the Jordan formation, it should be treated, mixed, and diluted to the same extent as if it had infiltrated through the bottom of a pond. From the standpoint of an accidental petroleum spill getting into the treatment pond and subsequently contaminating a SPUC well, the stormwater infiltr ation system proposed by Greenfield Development may actually be superior to an infiltration pond. It is my understanding that the treatment pond upstream of the subsurface drainfield is to be equipped with a skimmer that will prevent petroleum floating on the surface from flowing into the overflow pipe and into the drainfield. This will allow a cleanup measure to proceed to prevent the petroleum spill from entemi- the groundwater. The US Environmental Protection Agency (EPA) has classed the stormwater drainfield a Class - injcrtion well for regulatory pumoses. I asked ✓lark Janovec to review the ,wellhead protectio; 2335 West Highway 36 - St. Paul, :MN 55113 a 6S1-636 -4600 s Fax: 651-636 -i3T] rules to determine if they address a Class 5D2 injection well. Mark found no reference in the rules. Mark also contacted Art Persons of the Minnesota Department of Health. Art indicated that the Health Department does have rules governing injection wells, though. I will forward these rules when Bonestroo receives them. I also conducted research into pollutants potentially found in stone' water. The literature indicates salts (chloride), nutrients (nitrate), pesticides, other organics, pathogens, and heavy metals as potential pollutants. Stormwater can contain chlorides due to the use of road salt. However, the data I obtained from three operating infiltration ponds in Woodbury indicate chloride concentrations significantly lower than the Secondary Drinking Water Standard of 250 milligrams per liter (mg/1). (see "flagged" sheets in the three attachments) Nitrate can be expected in the stormwater from the Greenfield Development as the result of organic decomposition and fertilization. However, my research indicates that the nitrate concentration in stormwater is typically significantly lower than the Primary Drinking Water Standards of 10 mg/l. The data gathered on the three infiltration ponds in Woodbury confirms this (once again, see "flagged" sheets). The Greenfield Development will be a residential area. Although some of the homeowners may use pesticides for control of insects on fruit trees, rose bushes, etc., I feel that the use of pesticides will be limited and should not be an undue cause of concern. The data on pesticides in Attachment C for the Quarry Ridge Development confirms this. A gasoline or diesel fuel spill could contribute pollutants to the stormwater from the Greenfield Development. However, the skimmer in the treatment pond should prevent these petroleum products from entering the groundwater. Any gasoline floating on the surface of the treatment pond should volatilize. A diesel fuel spill floating on the surface would have to either be skimmed off or removed through the use of a sorbent. Stormwater typically may contain pathogens. However, pathogens should die off long before they reach the Jordan formation and contaminate any of SPUC's wells. The last removing stormwater pollutant mentioned in the literature are heavy metals (nickel, chromium, lead, and zinc). Nickel is not listed in the Primary Drinking Water Standards. However the Minnesota Health Risk Limit is 0.10 milligrams per liter (mg/1). Primary Drinking Water Standards of 0.10 mg/1 and 15 micrograms per liter have been set for chromium and lead, respectively. A Recommended Secondary Standard of 5 mg/l has been set for zinc. Because the Greenfield Development is to be a residential area, the stormwater run off should not contain concentrations of heavy metals in excess of these standards. The data in the attachments (once again, see "flagged" sheets) confirms this opinion. In summary, stormwater infiltration should not pose a significant pollutional threat to SPUC's wells. The subsurface drainfield method of infiltration chosen by Greenfield Development should not pose a greater pollutional threat than infiltration through the bottom of an infiltration pond. 2 In your fax, you ask, "Should advanced monitoring be involved with this site ?" You should consider initial sampling and analysis after the system has been placed in operation to verify that pollutants are low as expected. Periodic sampling and testing on two to three year intervals would be a conservative approach to insure that there has been no change in the quality of the stormwater. Please call if you have questions regarding this submittal. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. `� %Z�X� Thomas A. Roushar CITY OF SHAKOPEE Memorandum TO: Joe Adams, Planning & Engineering Manager FROM: Bruce Loney, Public Works Director SUBJECT: Greenfield Project DATE: May 7, 2002 This memorandum is in regard to your memo dated May 6, 2002 on the Greenfield project and in regard to the questions raised by Lou VanHout, Utilities Manager, on the Greenfield drainage drain field impacts to possible Shakopee Public Utilities wells. My comments will be in order as the questions or concerns raised by Mr. VanHout's memo and are as follows: A. The skimmer that is referred in Mr. VanHout's memo is part of the drainage system that the City will maintain and is responsible for after the development improvements are accepted. Skimmers are routinely installed as part of our stormwater management plan on ponds to contain floatable items from entering the stormwater discharge. B. In regard to the Minnesota Department of Health rules on Class 5 injection wells, it is my understanding that the Minnesota Health Department does not process Class 5 injection permits, but has left that responsibility stay with the EPA. Attached to this memo is a letter from the EPA in regard to the permit application. C. In the event of a spill with oil or gas, the MPCA needs to be notified and also our Fire Department. Clean-up is usually done by the Fire Department, with assistance by the City's Public Works Department and with supervision and monitoring by the MPCA. D. On monitoring stormwater pollutants on a regular basis, the City can take samples of stormwater and have the quality of this water tested for the pollutants mentioned by Tom Roshar, and this testing can be done on a periodic basis to see what the stormwater pollutant loading is. I hope this memo addresses your concerns satisfactorily in order to move forward with this project. If it does not, please let either Michael Leek or myself know as soon as possible. It should be noted that the City will be required to do more infiltration of stormwater in order to meet new stormwater regulations that are being proposed. Finally, if the stormwater infiltration in this area is potentially a problem for future water supply, then I would suggest a follow -up meeting between the City and Shakopee Public Utilities. If you have any other questions or concerns please feel free to contact me in my office. 2 4,41 Bruce Lone Public Works Director BLpmp GREENFIELDPROJECT J ��ZEO ST4 Zn, YV W a � 0 �r��rgG PROZ�G�\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604 -3590 U -16J Mr. Randall C. Hedlund Hedlund Engineering 2005 Pin Oak Drive Eagan, Minnesota 55122 Re: Greenfield Underground Discharge System for One Class 5D2 Injection well Located in_ Scott County, Shakopee, Minnesota, (Inventory # -139 - 5D2 -0028) Dear Mr. Hedlund: REPLY TO THE ATT Thank you for providing inventory information for the Class 5D2 injection well referenced above. The information has been reviewed and based upon this information, the operation of the Class 5D2 well the described activities at the site referenced above is authorized. The intent of the UIC program is to prevent contamination of underground sources of drinking water from fluids released by underground discharge systems, such as in the case of this Class 5D2 well. It is the responsibility of the facility owner /operator to construct, operate and maintain the system in such a way as to prevent the movement of any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons. Please notify this office if the injection activity as described in your inventory submittal changes, such as a well closure, the nature of the business changes, a change in ownership, or if the nature of the fluids going into the well changes. This letter is intended solely to acknowledge submittal of inventory information as required in Title 40 of the Code of Federal Regulations Section 144.26. We reserve the right to visit this facility and /or require sampling to ensure that the underground source of drinking water below the facility is not being contaminated. The facility owner /operator may still be held liable for such endangerment under provisions in the Safe Drinking Water Act as amended in 1986. If you have any questions regarding this matter, please feel free to contact me at (312) 353 -5228 or by email at hall.roger @epa.gov. Sincerely, Roger Hall Environmental Engineer Underground Injection Control Branch CITY OF SHAKOPEE Memorandum TO: Joe Adams, Planning & Engineering Manager FROM: Bruce Loney, Public Works Director SUBJECT: Greenfield Project DATE: May 7, 2002 This memorandum is in regard to your memo dated May 6, 2002 on the Greenfield project and in regard to the questions raised by Lou VanHout, Utilities Manager, on the Greenfield drainage drain field impacts to possible Shakopee Public Utilities wells. My comments will be in order as the questions or concerns raised by Mr. VanHout's memo and are as follows: A. The skimmer that is referred in Mr. VanHout's memo is part of the drainage system that the City will maintain and is responsible for after the development improvements are accepted. Skimmers are routinely installed as part of our stormwater management plan on ponds to contain floatable items from entering the stormwater discharge. B. In regard to the Minnesota Department of Health rules on Class 5 injection wells, it is my understanding that the Minnesota Health Department does not process Class 5 injection permits, but has left that responsibility stay with the EPA. Attached to this memo is a letter from the EPA in regard to the permit application. C. In the event of a spill with oil or gas, the MPCA needs to be notified and also our Fire Department. Clean-up is usually done by the Fire Department, with assistance by the City's Public Works Department and with supervision and monitoring by the MPCA. D. On monitoring stormwater pollutants on a regular basis, the City can take samples of stormwater and have the quality of this water tested for the pollutants mentioned by Tom Roshar, and this testing can be done on a periodic basis to see what the stormwater pollutant loading is. I hope this memo addresses your concerns satisfactorily in order to move forward with this project. If it does not, please let either Michael Leek or myself know as soon as possible. It should be noted that the City will be required to do more infiltration of stormwater in order to meet new stormwater regulations that are being proposed. Finally, if the stormwater infiltration in this area is potentially a problem for future water supply, then I would suggest a follow -up meeting between the City and Shakopee Public Utilities. If you have any other questions or concerns please feel free to contact me in my office. fG� Bruce Lone Public Works Director BI/pmp GREENFIELDPROJECT ;a • i- LUU -! II;UiAM HLULUNU tNUINttKlNU INO-UU60 F- L Re: Greenfield Underground Discharge System for One Class 52 Injection well Located in Scott County, Shakopee, Minnesota, (inventory # N- 139 -5D2 -0028) Dear Mr. Hedlund: Thank you for providing inventory information for the Class 5D2 injection well referenced above. The information has been reviewed and based upon this information, the operation of the Class 5D2 well for the described activities at the site referenced above is authorized. The intent of the UIC program is to prevent contamination of underground sources of drinking water from fluids released by underground discharge systems, such as in the case of this Class 5D2 well. It is the responsibility of the facility owner /operator to construct, operate and maintain the system in such a way as to prevent the movement of any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons. Please notify this office: if the injection activity as described in your inventory submittal changes, such as a well closure, the nature of the business changes, a change in ownership, or if the nature ofthe fluids going into the well changes. This letter is intended solely to acknowledge Submittal of inventory information as required in Title 40 of the Code of Federal Regulations Section 144.26. We reserve the right to visit this facility and/or require sampling to ensure that the underground source of drinking water below the facility is not being contaminated. The facility owner /operator may still be held liable for such endangerment under provisions in the Safe Drinking Water Act as amended in 1986. If you have any questions regarding this matter, please feel free to contact me at (312) 353 -5228 or by email at hall.roger @epa.gov. Sincerely, Roger Hall Environmental Engineer Underground Injection Control Branch �F CITY OF SHAKOPEE MEMORANDUM a E- To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Subject: Kristi Kruger Resignation from the Parks and Recreation Advisory Board Date: 1 May, 2002 INTRODUCTION AND DISCUSSION Kristi Kruger has provided notice of her need to resign from the Parks and Recreation Advisory Board due to work conflicts, effective immediately. Ms. Kruger was appointed in February, 2002. This year, there was one additional application for the Advisory Board. However, this individual was not selected because he was a resident of Prior Lake. Therefore, we will need to advertise for additional applicants. REQUESTED ACTION Accept the resignation of Kristi Kruger, with regrets, from the Parks and Recreation Advisory Board advertise the new opening. , Mark Themig Facilities and Recreation Director Mark Themig From: Kristi Kruger [kkruger @usinternet.com] Sent: Monday, April 29, 2002 8:37 AM To: Mark Themig; Dokka- Thorson, Peggy; Dorenkamp, Jim; Gerlach, Kathy; Gripentrog, Brad; Vosejpka, Dave; Williams, Tim Mark and fellow Park Board Members: After thinking about this for sometime, I am resigning from the Park Board effective immediately. The reason for my resignation is because my job has become very uncertain as far as when I need to work at night, etc. Thus, I have been unable to attend the meeting last night and then tonight. With several key issues coming down the road in Belle Plaine, I think I will be working more nights than before to cover these issues and meetings. I feel it is in the best interest to bring someone on the board who can dedicate more of their time right now. With regrets, Kristi Kruger CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 1 May, 2002 Subject: Extension of Vending Contract with Coca Cola INTRODUCTION Our current contract with Midwest Coca -Cola expires on June 6, 2002. City Council is asked to authorize an extension of this contract with current terms until September 30, 2002. BACKGROUND AND DISCUSSION Prior to the opening of the Community Center, the City entered into a six -year agreement with Midwest Coca -Cola for exclusively vending Coca -Cola soft drinks at the Community Center, Ice Arena, and Aquatic Park. Since Coca -Cola didn't vend other products at the time, the City also entered into a seven -year agreement with Midwest Vending and Dean - Superior Vending for snacks, hot beverages, and video games. The original agreement with Coca -Cola expired on June 6, 2001, but was extended by City Council for one year. The agreement with Midwest Vending expires September 30, 2002. By extending the current agreement with Midwest Coca -Cola through September 30, 2002, we can seek proposals this summer for a comprehensive soft drink, snack, and hot beverage vending service, hopefully resulting in significantly higher commissions and direct payments to the City. RECOMMENDATION Extend the current agreement with Midwest Coca -Cola through September 30, 2002. REQUESTED ACTION If City Council concurs, motion to authorize an extension of the current agreement with Midwest Coca -Cola for vending services through September 30, 2002. Mark Themig t" Facilities and Recreation Director 05/01/2002 09:57 FAX 6516811050 COCA-COLA COLD DRINKS C OCA -G0 L A E N T E R P R I S F. G ca m p n y X1002/002 ;'750 Eagan, MN SS %-, i SP , - eagreeMmemn7wi UwZyomr c1iii nev coni fflidwest Coca-Cola continues to look forward to our business partnership. We look forward to I L �,M r greed to on by the signing partieA, 4 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 1 May, 2002 Subject: Skate Park Supervision, Fees, and Verification of Residency INTRODUCTION City Council is asked to consider authorizing changes in the fee schedule for the skate park, and authorize additional staffing to provide supervision. Also, I will update you on our plans for verifying residency. BACKGROUND AND DISCUSSION Summary of Use Since the Skate Park opened on August 11, 2001, use of the facility has exceeded many expectations. Use totaled 10,582 for the first four months of operation in 2001, and has already reached 1,679 this year, even though the weather has closed the skate park a number of days. Behavior and Supervision Issues In developing the operating policies of the park, supervision was a concern for staff, the Parks and Recreation Advisory Board, neighborhood residents, and City Council. Since the skate park was designed as a Tier 1 skate park, the League of Minnesota Cities Insurance Trust did not require on -site supervision. Therefore, the initial plan submitted to City Council provided general supervision of the site by part -time Community Center and full -time Parks and Recreation staff. This supervision would consist of regular checks of the skate park (approximately every % hour), as well as responding to any incidents. Although this system worked relatively well in 2001, it added to the workload of our full -time weekday administrative support staff, and to a lesser extent, evening and weekend building staff. This year, we have continued to operate under the same plan. However, given the continued high use, there seem to be more issues arising. Some examples include vulgar language, conflicts, not disposing of trash, and at times, a general disrespect toward staff. Two residents of Shakopee (both supporters of the skate park), have contacted me within the past two weeks to express their concern with the park, and to relay concerns they have heard from other parents. Generally, these concerns are similar to what we are observing. In addition, the callers reported that youth are smoking, and there is a perception that drug use and /or drug dealing is going on. During both conversations, each expressed an interest to have a staff person on -site to increase supervision. Although staff conducts regular visits to the skate park, we are not as effective as an on- site staff member would be because users see the staff person walking toward the park and stop their behavior. Finally, I want to express that the majority of the users are responsible, respectful, and appreciate the facility that the City has provided. Supervision Option believe that there is enough of a need to consider staffing the park during high -use times. This staff person would provide general supervision, respond to incidents and injuries, monitor behavior, enforce policies, and help keep the facility clean. Although staffing is not required for Tier 1 a skate park supervisor: Location Chanhassen Chaska Minnetonka Shoreview Victoria parks, at least one other community provides On -Site Supervision No No No Yes No Shoreview's skate park operates similarly to ours in that the park is adjacent to their Community Center, they require wristbands for use, and charge admission. According to Shoreview's staff, the admission and supervision were due to similar issues as the ones we are experiencing. A preliminary staffing schedule would be as follows: Summer Spring and Fall Weekdays: Noon -9:00 p.m. Weekdays: 4:00 p.m. -8:00 p.m. Weekends: Noon -8:00 p.m. Weekends: Noon -Close These hours could be adjusted based on use and feedback from staff. Cost for this staffing would be approximately $13,000. Fees As you know, we currently charge a non - resident fee. However, in order to fund the additional staff costs, we are proposing implementing a resident fee. There are two options to consider: Option 1: $1 /Day Resident, $5 /Day Non - Resident Separate Fee, or Included with Community Center Membership The original recommendation that I made to the Parks and Recreation Advisory Board was a $1 1day fee, or included with a Community Center membership. In a survey of approximately 75 random users, we found that 46 of those surveyed would pay this fee to continue using the skate park. Residents would continue to be charged the $5 fee. Estimated annual revenue based on April 2002 attendance: $14,000 Option 2: Include Skate Park Use with Community Center Daily Admission or Membership This option came out of a discussion with two Parks and Recreation Advisory Board members following a work session last week. In this option, use of the Skate Park would be included in admission to the Community Center, whether paying a daily fee or using a membership. An advantage of this is that once you pay one fee, you get access to the skate park and the Community Center. In addition, this is identical to how we charge for open skating in the ice arena. Finally, in the event of sudden inclimate weather, this option would permit skate park users to use the Community Center facilities. Option #2 fees would be as follows: Admission Type Resident Non - Resident Adult Daily $3 $5 Youth Daily $2 $4 Children Under 4 Free Free Adult Annual Membership $80 $110 Youth Annual Membership $60 $85 Family Membership $120 $160 Estimated annual revenue based on April 2002 attendance figures: $21,546 Verification of Residency Verifying residency has been difficult for staff, and frustrating for users and parents due to the difficulty obtaining some type of identification for youth. As a result, we will be using our computerized membership system that was implemented earlier this year to assist in verifying residency. Essentially, we will be setting up frequent daily Skate Park and Community Center users in the computer database and issuing them identification tags. These tags, which are unique from regular membership tags, would be presented and scanned for admission. When the tag is scanned, it will bring up their information and photo, allowing us to verify residency and informing us that they are a daily user. With this system, the parent would only need to provide proof of residency one time. RECOMMENDATION Supervision I would recommend that City Council authorize additional staffing as outlined in this memo. The Parks and Recreation Advisory Board also considered this recommendation at their April 22 meeting and supported it unanimously. Fees I would recommend that City Council adopt Option #2. Overall, Option #2 is consistent with how we handle open skating in the Arena, would enhance admission to both the Skate Park and the Community Center, would be easier to administer and track, and I believe is a fair fee for the facility. The Parks and Recreation Advisory Board unanimously recommended Option 1 at their April 22 meeting. However, since Option 2 came up after this meeting, I e- mailed the Advisory Board for their thoughts. I was able to solicit feedback from three of the six members. Two supported Option 2, and one favored Option 1, with an increase considered for 2003. REQUESTED ACTION If City Council concurs, move to: 1. Authorize staffing for the skate park as identified. 2. Move to approve Resolution No. 5714, A Resolution Amending Resolution No. 5636, the 2002 Fee Schedule. Mark Themig Facilities and Recreation Director RESOLUTION NO. 5714 A RESOLUTION AMENDING RESOLUTION NO. 5636, 2002 FEE SCHEDULE WHEREAS, the Shakopee City Council desires to designate a resident fee for the Shakopee Skate Park; and, WHEREAS the Shakopee City Council desires this fee to be included in a Community Center daily admission or membership; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 2002 Fee Schedule is amended to include: Communitv Center Fees' Memberships and Admissions Resident Rate Non - Resident Rate Daily Admission — Adult, Age 16 to 59 $3 $5 Daily Admission — Youth 2 , Age 3 to 15 $2 $4 Daily Admission — Senior, Age 60 and over $2 $4 Walking Track Free Free Family Membership (Immediate family residing at same address $110 $150 Adult Membership: Age 16 to 59 $70 $100 Youth Membership: Age 3 to 15 $50 $75 Senior Membership: 60 and over $50 $75 1. Community Center Admission includes admission to open skating and use of the skate park. Community Center membership includes admission to open skating, use of the skate park, and admission to open swim at the Jr. High. 2. Age 2 and under are free. BE IT FURTHER RESOLVED, that this resolution shall become effective from and after June 1, 2002. Adopted in Shakopee, Minnesota held this session of the City Council of the City of day of May, 2002. Mayor of the City of Shakopee Attest: City Clerk v3 �. aI- F- wZpaZU W Z O CY M �7 CL M r t� N O d' CJO LI) O Cb o) Ch ❑ t� O M Z Q' W (n - ❑ W ZF- CA / m ,C4 O ti r M LC) m W m W LY ❑CAW O Q M �� r CO N M M d O r M LO r 0) r W U !!)YQFw Q f T a . 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The Board of Adjustment and Appeals held a public hearing on the conditional use permit amendment request at its April 4, 2002 meeting, and unanimously denied the request for extended hours, having concluded that it did not meet all of the criteria as stipulated in the City Code. The Board did approve a request to have an outdoor seating area, with the condition that the seating area was for dining only, excluding alcohol. The Board's denial action was consistent with staff's recommendation. A copy of the report to the Board is attached for the Council's information. The applicant has appealed the Board's determination. ALTERNATIVES: 1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a resolution that is consistent with that decision. 2. Uphold the appeal of the applicant, thereby granting the requested (or some other) CUP, and direct staff to prepare a resolution for the Council's consent agenda that is consistent with that decision. 3. Table the appeal for additional information. Y Y lil�.�Y Ali Offer and pass a motion consistent with the Council's determination. q tr cv�4 j 4 t �4 w ^'v CAFFEE LABARRA 2381.E ST. SHAKOPEE MN 952 445 0118 s This is a Public Petition for Caffee Labarra, located at 238 Lewis Street, Shakopee Mn.- This petition is to support the amendment of the current hours of operation. The current hours of operation are 5:00am to 11:00pnL. The propossed hours of operation are 5:00am to 1:00 am.. Here with in are signatures in support of these new hours. name address buisness 'j H " C"n - Q , C" ' Z V A < 14 A ez' C " a 7S 1 A -3 C1 f Al 57 1 A CAFFE LABARRA 238 LEV. �S ST. SHAKOPEE MN 952 445 0118 238 LEMIS ST. SHAKOPEE YIN 9524450118 2® V LA- k 9, 10 I-e 12. 12 13. 4- ......... . 15 . C . 4 16 7 ® IN CY" 18. L l " ® ® 21. IV L- 1-Y 7/ 23. 24. 25, CAFFEE LABARRA 238 LEWIS ST. SHAKOPEE IVLN 952 445 0118 This is a Public Petition for Caffee Labarra, located at 238 Lewis Street, Shakopee Mn.. This petition is to support the amendment of the current hours of operation. The current hours of operation are 5:00am to 11:00prm. The proposIged hours of operation are 5:00am to 1:00a m.. Here with in are signatures in support of these new hours. name address buisness It' L/ 5 Ln ti -7? e It " 9. 13 7 4" 1A ri 109 12. zx 13, 64 - C'y 14. 16. A l o 65 be r-q 11 701- ® 19. Frog Apple/FAX B41ndle User & Thu, A 1, 2002 2.2 PM Paps 1 of 2 Caffi LaBarra serves up coffee, food and drinks in a romantm CaM LA13arra is unique in its approach to business. Nowhere else i Shakopee w ill you find 4 full coffee shop, rcsteuralit and full bar operating unde one roof. Their business plan seeks to take advantage of the strengths of each business while catering to a discriminating clientele. They offer a variety of gourmet coffe drinks - an ultimate smoothie and a menu that includes a variety or tlelicitjtas pizza spaghetti and pastas. runny appetizers and a full bar with lklargaritas, Pifia Coladas, and almost any iced drink. Mike says, "If you ask for a drink we It t� to make it for you, If we can't at that time we will have it for you the next time you come in." CafT6 LaBarra is open six days a week for Shakopee residents who are looking for a friendly, romantic place to go in a smoke-free environment. IXUe Werth, who owns and operates Caff6 LaRama with his wife Jill says, 'raff6 TaRari k a cdi(bistro that changes character as the day goes on, The evenings bring out the romantic ambience with candles lit on the tables and dim lighting. In additions to great food and drink, Caffd LaBarra offers cnwrtainment on scheduled nights. Jill says, "We Plan to offer free entertainment every weekend and Vve would like to have -opera jam nights." Anyone interested in hosting an open jam is invited to contact Mike or Jill. lxxated on the, edge or Shakupee's historic da•ni at Third and Lewis, CX6 LaBarra provides outdoor seating for coffee drinkers to enjoy the atmosphere. Inside the caf6, you will find a variety of music playing. Jill comments `" W e do our best to set the atmosphere for our customers. That includes customizing the recorded music to their tastes. We're still learning what otir Shakopee mistumers want." Regular customer Eddie 0. says, "I like coming here for the friendly service, good music aild entertainment. 'Mike and Till run a nice, friendly husines Mike and Jill are new to Lhe. restaurmnUbar!coffee shop business and they are learning something new everyday, Mike says, "Other restaurant and bar owners in town have been very helpful in sliewing us the ropes. We are especially thankful to Pabic's for all their help. Even though we aren' t affiliated with them they have been a tremendous help." One thing they have learried very well is to focus 0111 customer satisfaction. Mike. says, "Customer satisfaction is guaranteed, If you* re not satisfied, please tell us and give us a chance to make it right." From Apple✓FAXstf Bu User ii Thu, Ap - 1 , 2002 2:23 PM Their Sandvdcher, are already getting attention. Regula c us t omer Chris Osgood says, "Their Philly steak and cheese sandwich is the best in town. Chris has been a regular since the cafi olvnedfannary 1. Mike and Jill continue to look for ways to expand and improve their menu- INlike savS, - If the demand is there we Will consider adding breakfast items in addition to the coffee, bagels and Pastrics we already offer." With their location ac frond the Shakopee library at Third and Lewis they are 00II'Veniently located near downtown businesses, City Hall and the Scott. County Courthouse. A lunch order called or faxed in will be made to order and will be ready for yoti [k) piek tip. Jusa call 30 mill rtes ill advance (by 10 a.m- ff- -, r large orders) and you can run in and pick up your hinch to go. Caff6 LaRarra is closed on Sutidays but it is avail t rell fm I)iitftday, bachelor anniversary and other parties. Gfive them acall for more information. Better yet, come in and sample the food. drink and atmosphere for yours y sill really enjoy it! - CaU6 LaBarru 3" and Lewis Shakopee, MN 55379 Phone: 952-445-01 IS Fax: 952-445-0119 Hours Monday- Thursday 7 a.m.-9 p,nl. Friday 7 a, rn, -11 P. m , Sai tirday 8 a.m. -1 I p.m. Page 2 of 2 M O CITY OF SHAKOPEE Memorandum CASE NO.: 02 -027 TO: Board of Adjustment and Appeals FROM: Mark Noble, Planner I SUBJECT: Conditional Use Permit Amendment to allow a Class U Restaurant with Extended Hours and an Outdoor Seating Area REVIEW PERIOD: February 15 -June 17, 2002 MEETING DATE: April 4, 2002 SITE INFORMATION: Applicant: Michael Werth (Technics, Inc.) Owner: Michael Werth (Technics, Inc.) Location: Northwest Comer of 3r Avenue East and Lewis Street Current Zoning: Central Business (B -3) Zone Adjacent Zoning: North: Central Business (B -3) Zone South: Old Shakopee Residential (R -1C) Zone West: Central Business (B -3) Zone East: Central Business (B -3) Zone Comp. Plan (both adopted and draft): Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plan and Applicant's Narrative Exhibit C: City Clerk's Memorandum •1 • Michael Werth has submitted an application for conditional use permit amendment to extend the hours for a Class H Restaurant as well as allow an outdoor seating area for the property located at the Northwest comer of Lewis Street and 3 rd Avenue East (see Exhibit A). The applicant received approval of a CUP on May 17, 2001 to establish a Class H Restaurant at this location. City Code Sect. 11.87, Subd. 2.FF provides the following standards for the requested use: Class II Restaurants, contained within a principal structure and oriented toward serving employees or those working in the immediate area: 1. If serving liquor, shall not be located on a lot or parcel of land adjacent to any Low Density Residential (R -IA), Urban Residential (R -1B), or Old Shakopee Residential (R- 1 C) Zone; and 2. If located within 100 feet of a residential use, shall limit its hours of operation to between 5:00 a.m. and 11:00 p.m. Mr. Werth has submitted a request to extend the hours to 1:00 a.m. His previous approval had included a condition that limited the hours from 5:00 a.m. to 11:00 p.m. He also wishes to establish an outdoor seating area, just outside the front entrance. This entry way would have a brick wall with wrought iron fencing constructed along the east property line. The site plan and narrative identify three (3) tables with two (2) chairs each proposed for this area (Exhibit B). The City Administrator has expressed a concern with the operating hours being extended to 1:00 a.m., stating that if this would include the outdoor dining area, that it is too close to the residential area to be allowed past 10:00 p.m. The City Clerk has provided a memorandum (Exhibit C), noting that no activity of this business should occur on public property and that any expansion of the liquor license to allow outside consumption would need to be approved by the City Council. She expressed a concern about allowing the consumption of alcoholic beverages within the proposed outside area because of the lack of control of the area by the licensee. The Acting Building Official has commented that if the outdoor seating area is approved, that tables and chairs shall not impede emergency exiting. Planning staff notes that as the accompanying zoning/location map shows, it does appear that the subject site is within 100 feet of a residential use. Planning staff also note that in their considerations, the Board should evaluate both the request for extending the hours to 1:00 a.m. and the request for allowing an outdoor seating area, and in their action, make a distinct determination whether one or both of the requests are approved or denied. The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd. 1) are listed below. Draft findings are also provided for the Boards review. Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding #1: The Board has expressed concerns with the hours and activity of the proposed use, and believes that the use could be injurious to the use and enjoyment of other property in the vicinity. Criteria #2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2: The Board finds that the establishment of the conditional use will impede the normal and orderly development and improvement of surrounding property. Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; Finding #3: Adequate utilities, access, drainage and other necessary facilities exist to serve the site. Criteria ##4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The use is consistent with the purposes of the Central Business (B -3) Zone. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #S The use is consistent with the Comprehensive Plan guiding for the subject site. 1. The Board may approve the conditional use permit amendment and direct staff to prepare a resolution with conditions consistent with the Board's wishes. 2. The Board may approve one element of the conditional use permit amendment and direct staff to prepare a resolution with conditions consistent with the Board's wishes. 3. The Board may deny the conditional use permit amendment and direct staff to prepare a resolution with conditions consistent with the Board's wishes. 4. The Board may continue the public hearing for additional information. 5. The Board may close the public hearing but table the request for additional information. • • 1' • Staff recommends Alternative No. 3; deny the conditional use permit amendment request. Eve • 95, 1 4DRIUMV011 Offer a motion to deny the conditional use permit amendment request and direct staff to prepare a resolution with findings consistent with the Board's wishes. ark No 1 Planner I g: \boaa ppc\2002 \0404 \werthcuprestamend. do c � OWN U�- eycqma -,L- 1.1 J 'F A�- cl O .ti o- 4v IV- LO %A - ---_.O �_... �.._ 4. S�0.C� y.� 'Y✓L�e c/\�_ 1..._�cc �`�¢_ - -�` ` ___� 4 C�z� _..__._._ —_. �__. F� r Lld_o J r� 7Q r v — S s . ............................... l l �J �W S � IA n 1 � 4 a TO: FROM: SUBJECT DATE: Mark Noble, Planner Memorandum Judith S. Cox, City Clerk j - 7 T � " "12 Amendment to CUP to Extend Hours of Operation and To Allow Outdoor Seating February 15, 2002 Mr. Werth has received an on sale intoxicating liquor license from the City. State law does allow sales between the hours of 8:00 a.m. until 1:00 a.m. Any further restrictions are the option of the City. Any consumption of food or beverages outside the building should be confined to private property and not allowed on public property. From the application, it is unclear to me whether or not Mr. Werth desires to serve alcoholic beverages, in addition to food, within the proposed outside seating area. Any expansion of the liquor license to allow outside consumption would need to be approved by the City Council. I would have reservations about allowing the consumption of alcoholic beverages within the outside area as shown on the drawing provided because of the lack of control of the area by the licensee. Shakopee has consistently limited the outside consumption of alcoholic beverages to confined areas that have access to and from the licensed building only. The drawing provided shows that patrons would access the proposed outside dining area without entering the building. Consequently, a patron could easily leave the outside dining area with an alcoholic beverage in hand unnoticed by the licensee. This is unlike other alcoholic establishments that restrict access to outside dining through the licensed building: Dangerfields, Pablos, and Saba's. I:\ clerk \jeanettg\liquor \outside dining /56.2,. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Beverly Koehnen Appeal of Decision by the Board of Adjustment and Appeals Concerning the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit of Shakopee Gravel, Inc. MEETING DATE: May 7, 2002 1 Beverly Koehnen has submitted an appeal of the Board of Adjustment and Appeals decision on the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit Amendment for Shakopee Gravel, Inc., located at 1650 County Road 83. The Board of Adjustment and Appeals held a public hearing on the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit Amendment request at its February 7, 2002 meeting. This item was tabled to the March 7, 2002 meeting, at which time the applicant requested a continuance to March 21, 2002. At the March 21, 2002 meeting, the Board closed the public hearing, recommended changes to the draft resolution, and asked staff to bring back a revised resolution to the April 4, 2002 meeting. At its April 4, 2002 meeting, the Board approved the request by a 6 -1 vote (Commissioner Willard dissenting), having concluded that it met the criteria as stipulated in the City Code. The Board's action was consistent with staff's recommendation. A copy of the report to the Board is attached for the Council's information. Ms. Koehnen has appealed the Board's determination (Exhibit A). Dahlgren, Shardlow and Uban, Inc. has submitted a letter in response to Ms. Koehnen's appeal application (Exhibit B). The following is a list of the conditions included in the resolution granting an amendment to Conditional Use Permit No. CC -376 (and subsequent amendments No. 1, No. 2 and No. 3) under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine. Staff has reviewed each condition to verify whether the site is operating in compliance with the requirements. The conditions and review comments are as follow: The Conditional Use Permit and Mining Permit are to be reviewed annually. Both permits to be renewed every three years. Owner /operator is to apply for review and/or renewal prior to expiration of the period. This condition has been recently met. Prior to the recent amendment, the permits were last reviewed and renewed on November 19, 1996 The last statement of this condition was added as part of the recent amendment. Staff and the applicant have discussed the time frame for submitting for future reviews. 2. Conditional Use Permit approval is contingent upon Board of Adjustment and Appeals approval of the Mineral Extraction and Land Rehabilitation Permit. This was a condition of the 1996 approval. This condition has been met. The recent request was a review, renewal and amendment to the previously approved CUP and Mining Permit. The applicant, in their application, addressed each condition of the previously approved permit, as well as request amendments to current conditions no. 14, 16 & 25. Other modifications were made by the Board, both with direction from staff and from their own discussions. 3. Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area, and along the west property line adjacent to existing residential development. Security fencing is installed along County Road 83. The second segment of this condition was added as part of the recent amendment. That condition has not yet been met. 4. The applicant shall obtain a County Road Entrance permit from the Scott County Highway Engineer. Scott County has provided staff a copy of an application for access driveway or entrance permit, dated March 22, 1999, which was a request to widen the existing entrance and black top the entrance. 5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the use of County Road 83 to Hwy. 101 and County Road 42. Absolutely no truck traffic from the mining operation shall be routed through the urban portion of the City of Shakopee. This condition is being met, although staff believes that due to the relatively recent construction of Hwy. 169, truck traffic undoubtedly utilizes this roadway for a number of their trips. 6. Berms with a minimum height of eight (8) feet shall be built around the perimeter of each phase, installed at no greater than a 3:1 grade. Berms must be fully seeded to prevent erosion. This condition is a recent modification. Previously, the condition stated that eight (8) to ten (10) foot berms shall be built around the perimeter of each phase. Staff believe that the berms were built at a minimum height of eight (8) feet, with a slope no greater than 3:1. 7. The mining operation shall maintain the following minimum setbacks: 100 feet from any residential or commercial property line; 500 feet from any residential or commercial structure; 30 feet from any road right -of -way. As the operation continues to expand into the southeast quadrant of its property, it may begin to encroach within 500 feet of the residence located adjacent to the south. 8. All portable buildings must be approved by the Building Official. This condition is presently being met. 9. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday tbm Friday. Staff has received no evidence that this condition is not being met. 10. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse affects of dust on neighboring properties. Staff has received no evidence that this condition is not being met. 11. Noise emissions shall not exceed the noise limits as noted in Section 10.60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCA Standards. Staff has received no evidence that this condition is not being met. 12. There shall be no on -site storage of fuel and no use or storage of explosives except for two propane tanks, one 325- gallon tank located next to the scale building and one 100 -pound tank located next to the maintenance /electrical building. The propane shall be used to heat these two buildings only. The propane tanks must be installed and maintained in accordance with State Fire Marshall Rules (Chapter 7510.3100 — 7510.3280). There exist two (2) diesel fuel tanks which are fastened to trailer. The trailers house the generators that run the mining equipment. These tanks are approximately 4 feet high, 6 -8 feet wide and 6 -8 feet deep. 13. No direct exterior lighting shall be visible from adjacent properties or the public right -of -way. Two 125 -watt high- pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan. There exist two (2) light sources; one which is located near the equipment on the floor of the mining operation and one that is located outside the scale building. This second light source is visible only by traffic passing by the entrance driveway to the facility. 14. Stockpiles of gravel shall be allowed to exceed 25 feet in height, but not exceed the height of the surrounding berms and shall be setback from the property lines so that visual impact is minimal from the surrounding property. During a recent inspection, staff noted that one pile of gravel (stone) is visible above the berm, when viewed from County Road 83. There are other piles of material visible above the berms. These piles are import material which are intended to be utilized in the site reclamation. 15. The applicant shall be responsible for reimbursing the City for all costs incurred in reviewing the permit through the life of the operation. There has been no cause to seek reimbursement for city costs in the review of this project to date. 16. The revised Gravel Extraction Plan and the End Use Plan, as submitted by the applicant, shall be adhered to, without modifications, unless approved by the Board of Adjustment and Appeals. An amendment of the end use plan was recently approved. The new end use plan is the one that the city staff will utilize in the ongoing review of this property. 17. The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) the submitted maps A, B, C; 2) the conditions of the approved permits 3) background information as contained in the memo prepared by Merila and Associates, Inc.; dated April 30, 1985. This was a condition of the 1996 approval. This condition has been met. Ms. Koehnen has stated that the Board erred because they did not establish who would be operating the mine. DSU, Inc. was retained as the representative for the property owner, Shakopee Gravel, Inc., who is the operator of the mine. 18. An Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota's adopted Environmental Review Program. No action shall commence on the subject property until a Negative Declaration has been filed and the required 30 -day review and comment period has elapsed. If the EAW substantiates the need for an Environmental Impact Statement, no action shall commence on the subject property until said document has been prepared and any and all modifications have been made in the proposed operation, to mitigate potential adverse environmental impacts. This was a condition of the 1996 approval. This condition has been met. 19. The City's approval of the permits (CUP and Mining) is made in reliance upon the applicant's representations regarding the life of the operation (17 years). Any factors, or future developments which significantly delay the completion of the mining operation, may be viewed by the City as sufficient grounds to deny the three -year renewal of the permit. This was a condition of the 1996 approval. This condition has been met. 20. The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or by the Board of Adjustment and Appeals' own initiation, the City shall schedule a public hearing, in accordance with the proper procedures for notice and publication. During the last five (5) plus years, staff did not receive any complaints, thus there has been no reason to invoke this condition. 21. If the Board of Adjustment and Appeals finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit. During the last five (S) plus years, staff did not receive any complaints, thus there has been no reason to invoke this condition. 22. Expand the operation to include the 5 -acre Rutt Farmstead. This was a condition from the 1996 resolution. As of yet, the operation has not mined the area directly surrounding the residential structure. 23. Relocate the natural gas pipeline on the site. This condition has been met 24. Allow for the relocation of the central processing area. At this time, there are no plans to relocate the central processing area further to the west on the property. The operator is aware that if the processing area is moved, that all conditions listed in this resolution, particularly those pertaining to setback requirements and noise emission control requirements. 25. Allow the final development grades to be between an elevation of 764 at the bottom of the proposed ponds and 832 feet. This is a condition of the recent review and approval. Previously the condition read, "to increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet. 26. The operation should be mined in five phases. This is the intent of the operation. They are principally mining the area of the first and second phases, with some mining occurring in the area of the third phase. 27. A soil -boring test shall be done to establish the current ground water MSL elevation. Mining extraction shall not exceed a depth greater than ten (10) feet above the established ground water MSL elevation. Additionally, annual tests of the ground water shall be conducted to ensure that the water quality is not negatively impacted by possible contaminants connected with the mining operation. Staff has been informed that one soil- boring test has been conducted in the northerly portion of the property, and that there are plans to do additional borings. The applicant has indicated that they will provide staff with information on these tests as it is made available to them. 28. Allow the mine to operate for 17 years beginning on January 16, 1996, and terminating on January 16, 2013. This was a condition of the previous approval. This is still the intent of the mining operation. 29. Provided that the applicant is granted access to future 17 Avenue, consistent with the end use development of the property, the applicant agrees to dedicate the right of way for future 17 Avenue at no cost to the City and accept assessments based upon the end use development of the property. This is a condition of the recent review and approval. Additional review of this condition will occur as discussion for planning the extension of 17 Avenue begins. 30. The sanitary sewer along future 17 Avenue is shown, but not approved. Future extension of 17 Avenue will determine the ultimate alignment and depth. The City Engineer shall determine and propose a mutually agreeable location and depth for the trunk sanitary sewer along future 17 Avenue. This is a condition of the recent review and approval. Additional review of this condition will occur as discussion for planning the extension of 17 Avenue begins. 31. Access spacing to future 17 Avenue and CSAH 83 will be determined by Scott County, City of Shakopee and the applicant upon approval of the preliminary plat for the end use. This is a condition of the recent review and approval. Further review will occur at or before the time of submittal of a preliminary plat application for this property. 32. Material imported onto the site for reclamation and final site grading shall be monitored to ensure that it is environmentally clean. Records shall be kept of all imported material and all of the necessary documentation shall be available. The applicant will certify that the property is environmentally clean at the completion of each phase of the mining operation. This is a condition of the recent review and approval. Review of this condition will occur at the time of review and renewal of the CUP and Mining Permit. 33. Material imported onto the site and used in the reclamation and final site grading shall only include soil materials of a bearing capacity sufficient to support development, as proposed in the End Use Plan. The depositing and compaction of materials shall be done in accordance with specifications prepared by a licensed geotechnical engineer. This is a condition of the recent review and approval. Review of this condition will occur at the time of review and renewal of the CUP and Mining Permit. 34. The site shall be reclaimed in accordance with the End Use Plan and be available for development within one construction season following the completion of mining activities, if not before. This is a condition of the recent review and approval. Review of this condition will occur at the time of review and renewal of the CUP and Mining Permit. 35. The storm sewer discharge along future 17 Avenue shall not exceed the design capacity in the CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the subject property will necessitate the lowering of the storm sewer along future 17 Avenue. The property owner shall pay the cost of lowering this trunk line. This is a condition of the recent review and approval. Additional review of this condition will occur as discussion for planning the extension of 17 Avenue begins. 36. No Construction cutting or filling in the Minnegasco Easement #1997 -7, recorded as document #0393488, except as authorized by Minnegasco. This is a condition of the recent review and approval. 37. The applicant is to provide to the city an earthwork quantity calculation, to be completed by a Registered Professional Engineer or Registered Landscape Architect, and the applicant is to provide to the city on an annual basis the quantity of export and import materials. This is a condition of the recent review and approval. Review of this condition will occur at the time of review and renewal of the CUP and Mining Permit. 38. If the mining operation intends to bring solid waste material onto the site, a solid waste license must first be approved by the Scott County Environmental Health Department. This is a condition of the recent review and approval. The property owner does not intend to bring solid waste material onto the site. The owner is aware of the requirement if they elect to pursue this further. ALTERNATIVES: 1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a resolution that is consistent with that decision. 2. Uphold the appeal of the applicant, thereby denying the requested CUP Amendment, and direct staff to prepare a resolution for the Council's consent agenda that is consistent with that decision. 3. Table the appeal for additional information. 1> Offer and pass a motion consistent with the Council's determination. Mark Noble Planner I G:\cc\2002\05-07\appkoehnen.doc CITY OF SHAKOPEE For Office Use Only: 129 South Holmes Street Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No.: Applicant/Developer: ' Street Address: 3 C ry e r~ u City, State, Zip: `i c` �� v <-, Phone: 2 ;i 5 —C/� Sy FAX 9:_ —�. 3 Current Property Owner: Street Address: City, State, Zip: Phone: FAX 9: Consultant /Engineer: Street Address: City, State, Zip: Phone: FAX #: Application Fees: CHECK FEE ONE Appeal Decision of City Staff to BOAR $ 100.00 Appeal Decision of BOAA to City Council $ 100.00 Submitted this P. day of A ', r , - -, 0 Applicant's Signature Property Owner's Signature is \commdcv \admi n \appclapp.doc 1 1 . • 1. Type of Appeal Requested: A. Appeal of the Decision of the City Staff to the Board of Adjustment and Appeals. L­" B, Appeal of the Decision of the Board of Adjustment and Appeals to the Shakopee City Council. M 2. Re quest for A eal of which portion of the Zoning Ordinance? Section: q pp Subdivision: - Page: C _ t I AJ 3. Current legal descriptions of all parcels involved in the appeal request: (Attach on separate sheets of 8 -1/2" by 1 1" paper if too lengthy) r e G_ AS, the property upon which the request is being made is legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County Minnesota. Also: the West Half of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota, lying North and Easterly of the Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17 Township 115 North, Range 22 West, Scott County, Minnesota, lying Northeasterly of the Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway; and Current Property ID Numbers: 27- CI / o oa -O 27 - '1 t (o U l y- D 27- 5. Property Size: 3 (, jfi C i- e S 6. Present Zoning: 7. Additional Information that you feel will assist the Board of Adjustment and Appeals or the City � Council in understanding and evaluating your request:- W"64� . n A J 2 CONDITION 17 -- requires a written report of the Plan for Operation. The Board of Adjustment and Appeals erred because they did not establish who would be operating the mine. (The Fischers will not be, and Dahlgren, Shardlow and Uban, Inc. are planners, not mine operators.) This Plan for Operation is the Mining Permit. CONDITION 2 -- states that approval of the Conditional Use Permit is contingent upon City Council approval of the Mineral Extraction and Land Rehabilitation Permit. The BOAA erred by approving the CUP without all components of the Mining Permit being in place. WRITTEN VIOLATIONS As part of my March 21, 2002 input at the BOAA public hearing, I submitted, in writing, violations of the CUP conditions that I knew about. I also wrote about ways that the gravel pit decreases enjoyment of other property in the vicinity. Property values have been impaired. The Fitchs, whose horse ranch was directly south of the pit, had to relocate. They had invested money toward significant improvements to the ranch -- a larger stable and an indoor riding ring. They could not sell it to another horse owner and probably had to settle for a lower price. Rutts sold their farm to the gravel pit for $210,000 in November 1995. If they were not forced out, 1 think they could have gotten a higher price. They had remodeled the house and the farm had a big barn. If the Central Processing Unit is moved to the west in order to make room for the commercial area, the new homes to the west of the pit will be only 130 feet away from it. VERBAL TESTIMONY Please see the summary of my verbal testimony at the March 21, 2002 BOAA public hearing. I had asked the planner to provide those members with a copy of the Fischer Plan of Operation since it is part of the mining permit. City staff elected not to do that. As a result, the members made decisions without having the needed knowledge. I now ask the City Council to: 1. Determine the mine operator and that operator's plan. 2. Review the CUP violations and correct them. 3. Implement an enforcement plan for the mine. 4. Incorporate all of my previous written submittals as part of this appeal. Summary of the March 21, 0 With Supporting Documents First, I do not believe the Board of Adjustments and Appeals members understand Condition 17 of the Conditional Use Permit. The Mining Permit IS the Plan for Operation. What an Operator submits becomes their mining permit. The Plan for Operation consists of one: Map A — shows the existing conditions, before mining, with contour lines every 2 feet. Map B — shows the proposed Operation/Gravel Extraction Plan Map C — Map of the End Use Plan 2. Conditions of the CUP itself 3. Background information from Merila So, both the Fischer and Media Plan become the Mining Permit. Therefore, when the Operator strays from these plans, it is a permit violation. City Staff and Board of Adjustment & Appeals members do not seem to be acquainted with the geology and hydrology of the pit area. This information was readily available, if the had done their research. (Please see attached Media copies) /1 Summary in table form: Boring 1 Boring 2 Boring 3 Amount of topsoil 5 feet 5 feet 5 feet, then 45 feet gravel, 10 feet clay, 10 feet sand Bedrock — found at 765 feet 752 feet 745 feet Water found at Stopped at 755 Stopped at 750 742 feet feet due to feet bedrock fracture Bedrock will not filter out impurities in any water that gets into the water table. This limestone is also notorious for fractures that provide a direct route for infiltration. My source at the University of Minnesota Department of Soil Science recommended twenty feet of loam textured soil above it. If you permit a 764 foot final grade, at Boring 2 there will only be about 10 feet of soil to filter a potential commercial area. By going as deep as they want, do they plan to mine bedrock? John Shardlow attempted to testify that Fischers really did plan on removing 5 million cubic yards of material by showing you their page 12 table. I have highlighted the statement showing that this number includes overburden and topsoil. Page 2 shows their true intent (copies attached). By trying to use huge berms, Shardlow now hopes to stockpile whatever material it is that they are bringing onto the site. The concrete and asphalt found during the March 21 inspection are solid waste that requires a permit. t ; a 3. Phase Quantities and Schedule The projected quantity of material to be mined and years for each phase is as illustrated below: Phase + Quantity (cu. yds.) I Years to Mine Phase I 1,330,000 2 to 3 years Phase II 920,000 4 years Phase III 1,000,000 4 years Phase IV 900,000 5 years Phase V 850,000 4 years TOTAL I 5,000,000* 19 to 20 years * Includes overburden and topsoil. 4. Proeression of Phases Mining will progress from Phase I to completion with the mining of Phase V over a projected period to 20 years. The pit face will move, progressively, in a southwestern direction. Material will be conveyed to the "central processing area." Each completed Phase will be restored as described in this report. 5. Demolition of Rutt Farm The Rutt Farmstead, which occupies approxi- mately 5 acres, will be demolished and mined as a part of Phase 3 as illustrated on Exhibit C. At that time, the existing Rutt driveway to County Road No. 83 will be removed /closed. 6. Filing with Scott County The volume /quantity of material removed from the site is reported to Scott County on a quarterly basis. 7. Road Salt Road salt will not be mixed, stored or sold from the site. 12 DID 'IN �2 ,y. March 21, 2002 submittal by Beverly Koehnen: At the September 7, 1995 Public Hearing of the Board of Adjustment and Appeals, I testified into the record that there were many violations at the pit. That is one problem. I also testified that area residents have a second problem — lack of enforcement and follow -up by the City. The neighbors give up when nothing is done about the complaints that are called in. I had spent considerable time at Apple Valley City Hall reviewing how the Fischers had operated in that city. My findings were both disturbing and educational. I expected Shakopee would experience similar problems with them. I further stated that I .no longer would report violations to the Police or to Shakopee staff. It is now their responsibility to enforce their ordinances. At their February 6, 1996 City Council meeting, these two problems were acknowledged by those members, and the City Administrator was directed to tell the Chief of Police to enforce the permit. Since that time, there have been: Condition 1 — Five annual reviews have not been conducted A renewal also is also delinquent Condition 9 -- Hours of operation exceeded — both hours of day and day of week (is operating on Saturday) Condition 12 — Page 39 of Fischer CUP, August 1995 states there is a 1000 gallon above ground fuel tank used to fuel on -site equipment. Condition 14 — Stockpiles are both higher and steeper than permit allows Condition 16 — Exceeded slope limit Condition 17 — Exceeded depth limit CRITERIA ISSUES 1. Dump truck noise decreases the enjoyment of my property. The noise they make is louder and unlike any other truck traffic on Canterbury Road. The common term for it is "jake braking'. They also are dangerous because they pull out in front of oncoming traffic. There are many very nice houses between mine and St. Francis hospital. When the gravel pit expands next to them, common sense says that their value will decrease. 2. Development of 17 Avenue will be impeded. Without it, two dangerous intersections of County Road 16 and 83 will be created, rather than one. 3. #5. Is the trunk sewer service plan compatible with the mine? m Fencing should be required around all sides of the pit due to the proximity of so many residences. Does a substantially amended CUR require an updated Environmental Assessment Worksheet? Noise abatement requirements other than decibel measurements should be looked into. Examples: the constant shrill beeping of their equipment, conveyor belt racket, crusher rumbling Fines of $10,000 per violation could be assessed. A letter of credit equal to the expected cost of reclamation could be required. Condition 15 allows independent soil borings be obtained with their cost paid by the applicant. There have been substantial (bringing in fill material) and repeated (hours of operation) violations. This permit could be revoked. I believe that is what would be in Shakopee's best interest. You could recommend to the City Council that they do so. 05 /01 /ZUUZ 14:3U d't,A 0JZJ0r00V1 Ey May 1, 2002 VIA FAX: 952 - 233 -3801 Mayor and City Council C/o Mark Noble, Planner 1 City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 -1351 RE: Koehnen's April 15, 2002 Appeal of the Board's April 4, 2002 Approval of Shakopee Gravel's CUP Honorable Mayor and Members of the City Council: On behalf of our client, Shakopee Gravel, Inc. (Shakopee Gravel), we are submitting this letter in response to Beverly Koehnen's stated bases for her April 15, 2002 appeal of the Board of Appeals and Adjustments' (Board) April 4, 2002 approval of Shakopee Gravel's amended CUP. None of her four bases for appeal, which are stated verbatim in bold, is even arguably persuasive. 1. "Condition 17 requires a written report of the Plan for operation. The Board of Adjustment & Appeals erred because they di n ot establish who would be operating the nine (The Fischer's will not be, and Dahlgren Shardlow and Uban, Inc, are planners, not mine operators.) This Plan for Operation is the Mining Permit" (Emphasis added). As stated in Shakopee Gravel's December 20, 2001 amended CUP application, "[t he report was prepared and approved in Amendment No. 3, February 6, 1996.'° Only revisions to the Plan for Operation were submitted to the Board for its consideration. Shakopee Gravel is the owner, operator and applicant for the amended CUP. 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 PHONE (612) 339 -3300 FAX(612)337-5601 U5 /UI /GUUG 1 4 A;J1 rAA Ug, tUVl Mayor and City Council Page 2 May 1, 2002 2. "Condition 2 states that approval of the Conditional Use Permit is contingent upon City Council approval of the Mineral Extraction & Land Rehabilitation Permit. The BOAA erred by approving the CUP without all components of the Mining Permit being in place Koehnen conspicuously fails to state what components of the Mining Permit are purportedly not in place, so it is difficult to respond. We have worked closely with City Staff to respond to the questions and issues raised by all who have commented. If there were components of the Mining Permit that were not in place, then City Staff would certainly have informed us. 3. "As part of any March 21, 2002 input at the BOAA public hearing, I submitted, in writing, violations of the CUP conditions that I knew about.°° In that submittal, Koehnen identified six "S ST I & REPEATED VIOLATIONS OF CONDITIONS" — i.e., CUP Condition Nos. 1, 9, 12, 14, 16 and 17. The alleged violations were neither "substantial" nor "repeated." a. "Condition 1 — Five annual reviews have not been conducted. A renewal is also delinquent" As stated in Shakopee Gravel's amended CLIP application, "[t]he last review and renewal occurred November 19, 1996." If anything, the requirement to review Shakopee Gravel's operations is upon the City to initiate. Indeed this is consistent with every other regulator. In any event, text has been added to CUP Condition No. 1 to clearly define responsibility for the review /renewal: Per the revised condition, "Owner /operator is to apply for review and/or renewal prior to expiration of the period." b. "Condition 9 — hours of operation exceeded — both hours of day and day of week (is operating on Saturday)" Koehnen does not state when the hours of operation were exceeded or specify to whom the violations were reported. Ina memorandum to the Board for its March 7, 2002 meeting, City's Mark Noble stated, "staff contacted the City of Shakopee Police Department regarding complaints or violations and found that there were no violations reported from or about the mining operation property." 05/01/2002 14 :31 IIAA bIz.s,stouv_L Mayor and City Council Page 3 May 1, 2002 VAUMLu1% OLL1TLl _L as V —, C. "Condition 12 — Page 39 of Fischer CUP, August 1995 states there is a 1000 gallon above ground fuel tank used to fuel on -site equipment." As stated in Shakopee GraveI's amended CUP application, "[a]pplicant has observed the restrictions." The fuel tank referred to is part of the generating equipment. d. "Condition 14 — Stockpiles are both higher and steeper than permit allows" As stated in Shakopee GraveI's amended CLIP application, "[o]ccasionally, large orders for a particular product require stockpiles to temporarily exceed height restriction due to limited space available. Generally, the applicant attempts to keep the height below the top of the surrounding berms and setback far enough from public view so that visual impact is minimal." The original CUP Condition No. 14 states: "Stockpiles of gravel shall not exceed 25 feet (Emphasis added). The amended CUP Condition No. 14 states: "Stockpiles of gravel shall be allowed to exceed 25 feet in height, but not exceed the height of the surrounding berms and shall be set back from the property lines so that visual impact is minimal from the surrounding property." (Emphasis added). Neither version of CUP Condition No. 14 refers to steepness of stockpiles. This is because stockpiling sand or gravel beyond its inherent angle of repose is not possible. e. °°Condition 16 — Exceeded slope limit" The Mining & Phasing Plan (Exhibit C, Amendment No. 3) "illustrates excavation elevations, including the final depth of mining, perimeter berms and sideslopes." Also, "[t]he berms will be constructed at 3 :1 along the outside slope. The inside mining slope will be constructed at approximately 2:1." Elsewhere in the report, "[t]he internal grade of the mining face may exceed the 3:1 slope of the berm provided the berm is not undercut or otherwise removed." In practice, the slope gradient of the mine face will vary from near vertical to 3:1 depending on the natural angle of repose for a given deposit and/or the excavating characteristics of the equipment. Regarding berms, CUP Condition No. 6 has been revised to read: "[b]erms with a minimum height of eight (S) feet shall be built around the perimeter of each phase, installed at no greater than a 3 :1 grade. Berms must be fully seeded to prevent erosion." 05/01/2002 14:32 FAX 6123375501 Mayor and City Council Page 4 May 1, 2002 ijaunlhun 3nnstua.u" « Uv— f "Condition 17 — Exceeded depth limit' As stated above, the Mining & Phasing Plan "illustrates excavation elevations." In the report, "[e]xcavation below the grades shown on the Final Use Concept Plan may occur in areas where good veins of material are encountered. This additional excavation will not reach more than ten feet below final grade. This excavation will only occur in selected areas where the nature of the deposit warrants deeper excavation and backfilling." In fact, the bottom of the sedimentation pond at 764 MSL is the deepest elevation in the operation at this time. It is believed, based on Unique Well Log information (which is the best and most current information in the public record), that the bottom of the pond is 22 feet above the existing water table. Finally, CUP Condition No. 27 states, "[t]he mining operation should not mine down to within ten (10) feet of the ground water level. A soil - bearing test should be done to determine the current water elevation. Additionally, annual tests of the ground water should be conducted to ensure that the water quality is not negatively impacted by possible contaminants connected with the mining operation." In this regard, Shakopee Gravel has retained the services of a geologist to install piezometers within the setback area in order to monitor the elevation of the ground water level. When this work is done, it will provide an accurate depiction of the current ground water elevation and allow the applicant and the city to readily monitor this level in the future. 4. " Criteria Issues a. "Dump truck noise decreases the enjoyment of my property. The noise they make is louder and unlike any other truck traffic on Canterbury Road. The common term for it is 'fake braking'." Vehicles with standard transmissions downshift and use engine vacuum to slow a vehicle instead of the brakes. With cars, this is not as big a problem. However, with trucks, the noise can be extreme, emitting a loud, staccato sound. The problem is not due to the braking system, but illegally modified or defective exhaust systems. Downshifting or applying Jake BrakesTM exacerbates the problem, also known as "backing off'. Trucks driving northbound on Canterbury Road are more likely to activate the Jake BrakeTM than southbound trucks because the tracks are proceeding downhill. Just south of Shakopee Gravel's driveway, the road gradient is fairly flat (less than one percent). The road gradient is steeper (almost three percent) between Shakopee Gravel's driveway and the traffic light at the intersection of County Roads 83 and 16. The manager at Shakopee Gravel has asked truckers not to use their Jake BrakeTM when entering the site in the instances when he has heard them and they have complied. 05/01/2002 14:32 FAX 6123375601 y®T.ua,ux nnARD1,v.e « U1Jr%J1 z Mayor and City Council Page 5 May 1, 2002 However, he has no control over those trucks once they leave the site and are on the open road. This is more than just a local problem as other communities throughout the country have also addressed this issue. An Environmental Assessment Worksheet (EAW) was prepared in 1994 and concluded, "that there do not seem to be any significant environmental effects that will result from this project with appropriate mitigation measures implemented." As a part of its "implement[ation]" of "appropriate mitigation measures," Shakopee Gravel has built berms between the operation and residents to the south to minimize noise from the operation. As the mining progresses into future phases, berms will be extended between the operation and adjacent neighbors. ba "They [trucks] are dangerous because they pull out in front of oncoming traffic." The proposed improvements on County Roads 83 and 16 should help to alleviate this situation, as the road surface will be wider. If the operation is moved to the west as planned, then access will be relocated to 17 Avenue. C. "There are many nice houses between mine and St. Francis hospital. When the gravel pit expands next to them, common sense says that their value will decrease." This is a common misconception. The only way to prove this allegation would be to study actual comparable sites. While Ms. Koehnen is entitled to her opinion, and has every right to express it, that is not the same as presenting expert testimony based on comparable sites. There is no credible, professional evidence on the record that supports this conclusion. In the Environmental Impact Statement that we prepared for the Apple Valley (travel mining area, a comparative study of the impact of mining operations was made in two test neighborhoods. One neighborhood was adjacent to current mining operations and another was located away from the operations. In short, there were no apparent differences between the types of improvements that people made in their yards and there was no evidence that property values were diminished in the neighborhood adjacent to the mine. 05/01/2002 14:32 FAX 61233ybbul VA%znII".M Olj!u\l -- — vao — Mayor and City Council Page 6 May 1, 2002 d. "Development of 17 Avenue will be impeded. Without it, two dangerous intersections of County Road 16 and 83 will be created, rather than one." CUP Condition No. 29 states: "[ p]oovided that the applicant is granted access to future 17 Avenue, consistent with the end use development of the property, the applicant agrees to dedicate the right of way for future 17` Avenue at no cost to the City and accept assessments based upon the end use development of the property." We will continue to work closely with City Staff and its engineering consultant to ensure that access and infrastructure necessary to serve Shakopee Gravel property via 17` Avenue is provided in the most feasible and economical manner possible. e. "Ls the trunk sewer service plan compatible with the mine ?" Shakopee Gravel has agreed to pay its share of the extra depth of the sanitary sewer and storm sewer necessary to serve future development of its property. The End Use Plan that is proposed for the Shakopee Gravel property generally adheres to the minimum grades established in the concept that was approved as part of Amendment No. 3. 5. "Possible Additional Conditions" a. "Fencing should be required around all sides of the pit due to the proximity of so many residences." CUP Condition No. 3 in the Board approved PCO2 -012 has been revised to read: "Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area, and along the west property line adjacent to existing residential development (Emphasis added). b. "Does a substantially amended CUP require an updated Environmental Assessment WWorksheet ?" No. According to the January 9, 2002 minutes of the Shakopee Environmental Advisory Committee (EAC) meeting, "[t]he EAC expressed satisfaction with the CUP application and proposed amended End Use Plan. They saw no ecological concerns that would cause concerns for denial." 05/01/2002 14:33 FAX 612337bbUi VAIz iIWX — ainav Mayor and City Council Page 7 May 1, 2002 C. "Noise abatement requirements other than decibel measurements should be looked into. Examples. the constant shrill beeping of their equipment, conveyor belt racket, crusher rumbling" CUP Condition No. 11 states "[n]oise emissions shall not exceed the noise limits as noted in Section 10.60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCA Standards." The beeping emanating from trucks and loaders backing up is an OSHA requirement. d. "Fines of $10,000 per violation could be assessed. " Before the city should consider fining the holder of a conditional use permit, it is both reasonable and customary to notify them about the complaints or alleged violations. The permit holder then has the opportunity to correct the situation, or explain why it is not a violation. The City of Shakopee has never notified Shakopee Gravel, Inc. of any violations and they are not aware of any complaints that have been formally made. During the recent, intensive review of this permit, city staff visited the operation and 'identified some things that they felt were improper. They notified the operator and the operator took prompt action to correct the situation. That is the way in which the process should work. e. "A letter of credit equal to the expected cost of reclamation could be required." Given the development potential of the property after mining has been completed, it is highly unlikely that Shakopee Gravel will abandon the property. A letter of credit would be an unnecessary burden. f. "Condition 15 allows independent soil borings be obtained with their cost paid by the applicant." Condition #15 doesn't speak directly to soil borings. The new Condition #27 requires that the applicants provide accurate information about the current ground water elevation. According to the consulting geologist retained by the applicants, soil borings are not the best approach to securing this information. Rather, he recommends that a series of three piezometers be installed to monitor the ground water elevation. These costs will be fully borne by the applicant 05/01/2002 14 :33 FAX 6123 3'15bu1 vak ai,"i% r- --, - Mayor and City Council Page 8 May 1, 2002 g. " There have been substantial (bringing in fill material) and repeated (hours of operation) violations. This permit could be revoked. believe that is what would be in Shakopee's best interest. You could recommend to the City Council that they do so." Shakopee Gravel only accepts clean fall. CUP Condition No. 32 states that "[m]aterial imported onto the site for reclamation and final site grading shall be monitored to ensure that it is environmentally clean. Records shall be kept of all imported material and all of the necessary documentation shall be available. The applicant will certify that the property is environmentally clean at the completion of each phase of mining operations." CUP Condition No_ 21 states that "[i]f the Board of Adjustment and Appeals finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit." Koehnen believes that this would be in Shakopee's best interest, but she does not provide the rationale for doing so. In approved Resolution No. PCO2 -012, granting Amendment No. 4 to Conditional Use Permit No. CC -376 on April 4, 2002, the Board necessarily considered and rejected Koehnen's false accusations and unsubstantiated opinions. 6. "If the Central Processing unit is moved to the west to make room for the commercial area, the adjacent houses will be 130 feet from it." No plans have been prepared that illustrates the location of the Central Processing area if the operation is moved westerly. We have attempted to respond to all of the relevant concerns raised by Koehnen in her appeal. If there are any other issues that we may have inadvertently overlooked, then we will attempt to answer them at the May 7, 2002 City Council meeting. Respectfully submitted, Fahlgren, Shardlow, & Uban, Inc. �2 V ierr - y - T. - Arkey Landscape Architect JDS/kg cc: Bert Notermann, Shakopee Gravel Inc. Jack Y. Perry, Briggs and Morgan, P.A. 05/07/2002 10:37 FAX 6123375601 DAGHLGR SHARDLOW & UBAN Q001 in May 7, 2002 VIA FAX: 952- 233 -3801 Mayor and City Council C/o Mark Noble, Planner 1 City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 -1351 RE: Koehnen's April 15, 2002 Appeal of the Board's April 4, 2002 Approval of Shakopee Gravel's CUP —Additional Information Honorable Mayor and Members of the City Council: This letter is intended to supplement our previous letter in response to Beverly Koehnen's stated bases for her April 15, 2002 appeal of the Board of Appeals and Adjustments' (Board) April 4, 2002 approval of Shakopee Gravel's amended CUP. This letter addresses material that was faxed to us as part of the City Staff report prepared for the City Council meeting on May 7, 2002, but was not part of Ms. Koehnen's original submission. We will again attempt to answer all of Ms. Koehnen's comments, which are stated verbatim in bold. 1. "First, I do not believe the Board of Adjustment and Appeals members understand Condition 17 of the Conditional Use Permit. The Mining Permit IS the Plan for Operation. What an Operator submits becomes their raining permit." As stated in the first sentence of Condition 17, "[tlhe applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit." This amendment only modifies those aspects of the Plan for Operation that has been addressed through these proceedings. With these exceptions, the approved Plan for Operation remains in effect. If the City Council affirms the action taken by the Board, then the Plan for Operation shall consist of the original plan and the amendments identified in the revised permit. We did not perceive any confusion on the members of the Board of Adjustment and Appeals. 300 FIRST AVENUE FORTH SUITE 210 MINNEAPOLIS, MN 55401 PHONE (612) 339 -3300 FAX(612)337-5601 05/07/2002 10:38 FAX 6123375601 DAGHLGR SHARDLOW & UBAN 0 003 Mayor and City Council Page 3 - May 7, 2002 5. "John Shardlow attempted to testify that Fischers really did plan on removing 5 million cubic yards of material by showing you their page 12 table. I have highlighted the statement showing that this number includes overburden and topsoil. Page 2 shows their true intent (copies attached)." Page 12 was attached but page 2 wasn't. The information presented by John Shardlow at the March 19, 2002 Board meeting was prepared at the request of City Staff — they wanted to know how many cubic yards of material could be mined. The only way to verify the total volume shown on the table on page 12 was to measure the difference between the original ground elevation and the end use grades on the approved End Use Plan. The total quantity of material our office calculated is 5,003,500 bank cubic yards. Since the Fischer report assumed 25 percent was not suitable for sale, we assumed this amount was 75 percent of the volume mined, or 6,671,300 bank cubic yards. It is our opinion that the table on page 12 is incorrect. 6. "By trying to use huge berms, Shardlow now hopes to stockpile whatever material it is that they are bringing onto the site. The concrete and asphalt found during the March 21 inspection are solid waste that requires a permit." Mr. Shardlow's recommendation to increase the height of the berms was to provide additional buffering and screening from adjacent properties. Isn't that what Ms. Koehnen wants? Imported material is logically stockpiled in the setback, outside the area to be mined so that it does not have to be moved until final reclamation. By requesting the amendment to allow the height of the surrounding berms to be increased from a height of eight (8) to ten (10) feet to a minimum of eight (8) feet at a maximum grade of 3:1, the area within the setback can be used to stockpile the nine (9) to fifteen (15) feet of overburden present on the site that will be used in the reclamation of the site. Within the 100 -foot setback, assuming a flat area of ten (10) feet atop the berm and forty -five (45) feet of slope at 3:1 on both sides of the berm, the height of the berm would be fifteen (15) feet. The concrete and asphalt material is construction debris that has been removed from the site. We believe we have responded to all of the relevant concerns raised by Koehnen in her appeal. If there are any other issues that we may have inadvertently overlooked, then we will attempt to answer them at the May 7, 2002 City Council meeting. /S 6 -,)-, , MEMORANDUM FOR THE TABLE Beverly Koehnen Appeal of BOAA Approval of Shakopee Gravel, Inc. CUP Renewal CITY OF SHAKOPEE Memorandum 1W w � Mayor and City Council Mark McNeill, City Administrator R. Michael Leek, Community Development Director SUBJECT: Beverly Koehnen Appeal of Decision by the Board of Adjustment and Appeals Concerning the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit of Shakopee Gravel, Inc. MEETING DATE: May 7, 2002 . , 1 ,, _ Mark Noble's memorandum does a good job of "walking" the Council through the status of the subject site relative to the conditions approved by the Board of Adjustments and Appeals. Some of these conditions were carried forward from the previous (i.e. 1995 BOAA approval, and 1996 City Council resolution(s) related to the appeal of that decision), while others are new ones imposed by the BOAA. The following additional information is provided as background for Council's consideration of this appeal; • Timeline related to current review and renewal, and appeal; • Staff responses related to appellant's statement of errors and omissions committed by the Board, • Staff responses related to appellant's March 21, 2002 summary of testimony. TIMELINE FOR CURRENT RENEWAL /APPEAL 1. City Council review of 2002 BOAA renewal 2. Appeal application received (accepted incomplete) * Statement of Errors /Omission received 3. BOAA approved Res. No. PCO2 -012 4. Public hearing closed; staff directed to bring revised resolution back (app request) 5. Public hearing continued to March 21, 2002 6. Public hearing continued by BOAA for more info 7. BOAA apprised of receipt of CUP renewal application 8. Renewal application received 9. Renewal brought to BOAA Tuesday, May 7, 2002 Monday, April 15, 2002 Friday, April 19, 2002 Thursday, April 4, 2002 Thursday, March 21, 2002 Thursday, March 7, 2002 Thursday, February 7, 2002 Thursday, January 3, 2002 Friday, December 21, 2001 Thursday, October 4, 2001 ANALYSIS OF ALLEGED ERRORS /OMISSIONS (from written statement) MEMORANDUM FOR THE TABLE Beverly Koehnen Appeal of BOAA Approval of Shakopee Gravel, Inc. CUP Renewal 1. COND. 17, The BOAA erred by not establishing who the mine operator would be. COMMENT: The application names Shakopee Gravel, Inc., not the Fischers or DSU as applicant. No evidence has been received that Shakopee Gravel, Inc. is not the operator. 2. COND. 2, The BOAA erred in that it approved the renewal without Council action. COMMENT: Council approved the Mineral Extraction and Land Rehabilitation Permit. Staff doesn't believe it was the intent of Council that they approve these again with each CUP renewal. 3. Review the CUP violations and correct them; COMMENT: Ms. Koehnen has alleged during the review of the request for CUP renewal that there have been numerous violations. Mr. Noble's Council memorandum addresses the status of each of the conditions in PCO2 -012. Many of the alleged violations (such as excessive hours of operation) cannot be confirmed because no complaints were lodged with the City of Police Department after the 1995 -96 CUP renewal. 4. Implement an enforcement plan for the mine. COMMENT: The adopted resolution sets conditions for enforcement, and staff has put in place mechanisms to assure that future review and renewals are timely initiated. 5. Incorporate all of Ms. Koehnen's previous written submittals as part of her appeal. COMMENT: Any of Ms. Koehnen's submittals are a part of the record in this case, but her April 3, 2002 letter is attached her for Council. Her other written submissions are part of the Council report packet. (from typed March 21, 2002 statement) CRITERIA ISSUES: Dump truck noise affects enjoyment of property; trucks are dangerous as they pull onto CSAH 83. COMMENT: The problem of noise from air braking systems is widespread, especially in communities with mining or much development activity. The record in this case does not establish, 1) how much of this activity on CSAH 83 is directly attributed to the Shakopee Gravel site, or 2) demonstrate that there is a diminution in property values as a result. 2. Development of 17 Avenue will be impeded. MEMORANDUM FOR THE TABLE Beverly Koehnen Appeal of BOAA Approval of Shakopee Gravel, Inc. CUP Renewal COMMENT: City staff and applicant's representatives have met to discuss this issue a number of times, and the applicants' plans do not appear to impede the future development of 17 Avenue. 3. Is the trunk sewer service plan compatible? COMMENT: City staff and the applicants' representatives have met to discuss this issue, and it appears that the plan is compatible. Offer and pass a motion consistent with the Council's determination, and directing staff to prepare a resolution either upholding or denying the appeal of the Board's approval of the renewal of the CUP for Shakopee Gravel, Inc. R. Michael Leek Community Development Director G:\cc\2002\05-07\appkoebnen2.doc Beverly J. Koehnen 2036 Canterbury Road Shakopee, MN 55379 April 3, 2002 Mayor William Mars Shakopee City Council Members City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mayor and Councilors: The subject of this letter is the gravel pit located near my home on Canterbury Road. Even though 1 had clearly placed the onus on the City of Shakopee to enforce the Conditional Use Permit they granted to the pit, enforcement was not done. (Please see attached a copy of my March 21, 2002 submittal to the Board of Adjustments and Appeals public hearing.) In fact, it was my phone call to Mark Noble, Planner, late in the spring of 2001 that finally called attention to the tardiness of the permit reviewals and renewals. I asked him if any of these had been done. His answer was "No ". He further stated that he thought the permit did not require a renewal. A few days later, he called me back and told me that I was correct and that he would begin the process. There has been a pattern �stablished over the life of this permit. (Please see attached copy of Mark Noble's larch 7, 2002 memo.) The operators of the mine violate its conditions; then, a new operator appears and blames the previous operator, then asks to amend the permit to "cover up' their violations. There is at least one Shakopee owner -- Bert Notermann — who has been involved since the beginning of this mine. He should be held responsible for what occurs on his property. I am afraid that this cycle of giving permission, then forgiveness is going to de -value my property. Or worse, contaminate the ground water and /or my well. The City is not enforcing their statutory duties. I want an answer as to when and how they will begin enforcement. If the City renews the permit with no enforcement plan, I will file a petition for a Writ of Mandamus. Other fellow citizens can join in this petition. I want an answer to my concerns before another permit is granted to the mine. Sincerely, Beverly J. Koehnen Attachments 2 p N O ® q C7 N to co � N m r O 0 CO (O N H cl Z } OF U J J Q Q F F- 00 F F N m m f0 V \ 3 V I V \ -K C C 0 O E K X ` Q m O Z .p mV � S �CT' ;t a) 03 N x x m 2 L v r_ r O O Pol a O O C) ! O N m co �. c" O O O O O O Y1 O O ' N / vi 00 t 12 .J c7 co rl- O t G1 O ( d. C'') N O r `O r O O Q O { c? C7 C.O c� O O O d O wi N N � r f # O CD O O C) O ° C) ° ce3 a ° p o ° Go `- �n y U o O CO Z ti O V CD CD 001 r r N (D J _1 LQ C a) a) r m m F LO CA ti O O O Q N co In F— F- o o tO N N O O p O O p O p O ° C) ° m ° N d r O r- �► O N O In C7 CA r r r M , M O � O U O O Cl) N N LO o 16 Z O ti LO O d r• d 00 ti W G ❑ 4 m N c0 m a H ] ❑ N a? .d N d � Cl) O O O M Q r N J p O O O Q ► O O O p O 0 cc7 O ti CO ° ° � LLI CD C) cr CD r r d r Q U N LL. V p O O O °. CR O a� O a) cA co d N N `— i Cf) CC cfl o o (D = N u� r a cn Z F- O °a � co - 4 o N O o 0 � N O (� t7 O p O O O W Q O CD CD q a O }' O C) q a) ° ° t LO ° � r r - W m ~ d �z C� U v CD d: O O o � N Q O O d o " ti >n d d co cc CV Lci c O y E.. Z H ° a Cl) ti ti a Z O in C cn c0 C N T = 1-- r- C� f- N o O J c O U- v H N CD ® n O $ co U a� c Y- -°% In a) cc .�' Q 1 c o 1 c N O c m L O M cc d N Z U c R a3 O Q Q C C Q C in C w W . C7 to N O R O O U O V O m O U N y O Q. O ca ft1 Cn O = O ❑ L O J L N O N f6 Y m C Z o a R ° -� c`a a� E E m Y cc ;t a) 03 N x x m 2 L v r_ GRAVEL TAX REPORT SCOTT COUNTY AGGREGATE MATERIAL PORTED 1999 # OF TONS OR CUBIC YA RDS PRODUCED OR I OPERATOR irton Sand & Gravel yan Rock Hard Excavating & Tile em -Con Landfill =high Cement Co. lartin Deutsch lax Johnson Trucking amett B ros. In c. Irior Lake Aggregate L Shiely - CAMAS =ischer Aggregate =art We ckman crystal Spring Aggregate kmes Construction Buffalo Bituminous :ZJS Lim ited Partnership Shakopee Gravel Kemnitz Sand & Gravel Inc. 1ST 2ND 3RD 4TH TOTAL QUARTER QUARTER QUARTER QUARTER p 88,748.00 51,990.86 100,976.85 241,715.71 434 845 36 392 742.07 1,269,962.89 80,113.20 362,262.26 NOW OPERATED BY KENMITZ SAND & GRAVEL 0 0 5,264.00 23,867.00 29,131.00 NO LONGER OPERATING AS OF JANUARY 1998 0 0 p 28 686.00 28,686.00 p 0 p 400.00 400.00 p 525.00 2,974.00 5,600.00 9,099.00 87,9 172,022.26 248,553.57 254,131.82 762,661.94 91,039.40 18,617.74 20,094.81 207,431.69 NOW OPERATED BY SHAKOPEE GRAVEL-- - 38,880.00 171,128.00 128,299.00 102,409.00 440,716.00 OPERATED BY BUFFALO BITUMINOUS - PORTABLE ASPHALT PLANT p 20,162.00 0 - 20,162.00 275.00 0 26,531.00 14,282.00 _4 -09 2,346.60 23,414.00 68,682.00 97,796.00 192,238.60 4.156.43 19,249.29 21,382.80 6,185.77 50,974.29 I T OTAL — Note: Amounts reported in yards 320, 091.26 I 948 , 550.21 4�1 a 3` 7 Pagi 2 1,007,140. 1,018,485.32 1 3,294,267. Aggregate Report SCOTT COUNTY AGGREGATE REPORT OF MATERIAL SOLD IN 1998 OPERATOR 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER ►rton Sand & Gravel `� $ - $ 4,702.37 $ 7,939.87 $ 3,997.33 yan Rock ✓ $ 6,485.69 $ 27,967.32 $ 34,021.81 $ 25,817.65 lard Excavating & Tile 3m -Con Landfill $ 1,523.80 $ 6,834.60 $ 3,218.76 !high Cement Co. artin Deutsch $ 250.00 $ - $ $ " 3mett Bros. Inc. for Lake Aggregate $ 3,989.70 $ 12,119.02 $ 20,010.39 $ 9,918.40 L Shiely - CAMAS $ 7,311.48 $ 15,586.43 $ 21,437.85 $ 11,175.60 scher Aggregate ' $ 2,408.63 $ 7,870.52 $ 12,937.47 ad Weckman v $ 3,518.40 $ 9,790.60 $ 10,199.60 $ 8,671.10 rystal Spring Aggregate $ 627.34 S 2,636.34 mes Construction a $ 20.00 JS Limited Partnership ✓ $ 3,044.44 $ ___ hakopee Gravel emnitz Sand & Gravel Inc. $ 35.49 66,092.96 $ 26,150.53 $ 87,507.20 $ 112,810.19 $ TOTAL P, 9 t Note: Amounts reported in yards "7 $ - 71 1�g37 9' Page 1 3 D75Lf SCOTT COUNTY AGGREGATE REPORT OF MATERIAL SOLD IN 1997 Operator 1st quarter 2nd quarter 3rd quarter 4th quarter Barton Sand Gravel 0 54,751.86 56,838.00 169,913.43 Bryan Rock 89,994.53 454,328.86 593,826.79 345,305.98 Chard Exc & Tiling Dem -con Landfill 113,773.00* 58.00* 60,761.00* 50,101.00* Lehigh Cement Co Martin Deutsch Barnett Bros Inc 83,000.00* 5,482.00* Prior Lake Aggregate 59,658.15 189,960.24 187,757.80 168,521.92 J L Shiely 73,508.54 193,952.54 196,460.13 179,376.25 Fischer Aggregate 57,196.00 22,374.00 55,720.00 57,822 Earl Weckman 26,719.00* 90,823.00* 109,675.00* 92,396.00* Crystal Sprin Aggr Ames Construction 16,787.00 22,699.68 52,364.64 25,295.84 NOTE *amounts were reported in yards �7l i 4- a� 3 Z� SS �zv S 8a� r SCOTT COUNTY AGGREGATE REPORT OF MATERIAL SOLD IN 1996 Operator lst quarter 2nd quarter 3rd quarter 4th quarter Barton Sand & 0 16,593.57 159,636.00 0 Sravel Bryan Rock 73,482.07 417,226.58 617,587.85 354,429.82 Chard Exc & 0 0 0 0 Tiling Dem -con 27,763* 64,916* 84,084.80* 113,187* Landfill Lehigh Cement 0 0 0 0 Co Martin Deutsch 0 1,330* 0 Mathiowetz Construction Prior Lake 67,114.25 162,682.45 211,474.97 148,542.54 Aggregate J L Shiely 79,035.19 163,862.20 234,201.42 168,884.79 Fischer, 5,663.00 52,707.00 63,481.00 37,224.00 Aggregate Wacker Bros 2,905* 48,473* 12,770.00* No longer in Scott County Earl Weckman 18,035* 75,677* 88,670.00* 70,990* Crystal 200 5,466 11,139.00 17,255.00 Springs Aggr Ames 151,376* Construction AI NOTE: *amounts were reported in yards a, 70 9 �y 37 , a i ca n 7 - 05/07/2002 10:37'FAX 6123375601 DAGHLGR SHARDLOW & UBAN a 001 INCORPORATED May 7, 2002 VIA FAX: 952- 233 -3801 Mayor and City Council C/o Mark Noble, Planner 1 City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 -1351 RE: Koehnen's April 15, 2002 Appeal of the Board's April 4, 2002 Approval of Shakopee Gravel's CUP — Additional Information Honorable Mayor and Members of the City Council: This letter is intended to supplement our previous letter in response to Beverly Koehnen's stated bases for her April 15, 2002 appeal of the Board of Appeals and Adjustments' (Board) April 4, 2002 approval of Shakopee Gravel's amended CUP. This letter addresses material that was faxed to us as part of the City Staff report prepared for the City Council meeting on May 7, 2002, but was not part of Ms. Koehnen's original submission. We will again attempt to answer all of Ms. Koehnen's comments, which are stated verbatim in bold. 1. "First, I do not believe the Board of Adjustment and Appeals members understand Condition 17 of the Conditional Use Permit. The Mining Permit IS the Plan for Operation. What an Operator submits becomes their mining permit." As stated in the first sentence of Condition 17, "[t]he applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit." This amendment only modifies those aspects of the Plan for Operation that has been addressed through these proceedings. With these exceptions, the approved Plan for Operation remains in effect. If the City Council affirms the action taken by the Board, then the Plan for Operation shall consist of the original plan and the amendments identified in the revised permit. We did not perceive any confusion on the members of the Board of Adjustment and Appeals. 300 FIRST AVENUE NORTH SUITE 210 MU4NEAPOLIS, MN 55401 PHONE (612) 339 -3300 FAX(612)337-5601 05/07/2002 10:38 FAX 6123375601 DAGHLGR SHARDLOW & UBAN 10 002 Mayor and City Council Page 2 May 7, 2002 2. "So, both the Fischer and Merila Plan become the Mining Permit. Therefore, when the Operator strays from these plans, it is a permit violation." Again, Ms. Koehnen alleges there are violations but fails to state how the Operator has strayed from these plans. 3, "City Staff and Board of Adjustment & Appeals members do not seem to be acquainted with the geology and hydrology of the pit area. This information was readily available, if they had done their research. (Please see attached Merila copies)" Page 12 of the 1996 Fischer CUP was attached, but no copies from the Merila report were attached to this latest Summary of Ms. Koehnen's March 21, 2002 testimony. However, a table of three borings was included in the body of Koehnen's Summary that indicated the depth of topsoil, bedrock and water on the site. There is extensive information about the site geology contained within the public record and it is well understood and respected by the proposed amendments to the Operations and End Use Plans. 4. "If you permit a 764 foot final grade, at Boring 2 there will only be about 10 feet of soil to filter a potential commercial area. By going as deep as they want, do they plan to mine bedrock ?" Amendment No. 3, approved by the City Council, which includes Exhibit B, End Use Concept Plan, Grading, on page 8 of the 1996 Fischer CUP clearly shows the bottom of the pond to be 764 MSL. Amendment No. 4, approved by the Board, has not changed the bottom elevation of the pond. Only the area of the pond bottom at the approved elevation in the latter amendment has been reduced substantially. The final pond profile and storage capacity will be designed to meet the requirements of the City of Shakopee for the proposed land use when the development plans are submitted for review. There is no plan to mine bedrock and Condition No. 27, which states, in part, "Mining extraction shall not exceed a depth greater than ten (10) feet above the established ground water MSL elevation ", limits the depth of the operation. Furthermore, preliminary information from the geologist retained by the Operator (and reported to City Staff May 3, 2002), indicates that the elevation of the water table closely coincides with information from the Merila report and Unique Well Log information. 05/07/2002 10:38 FAX 6123375601 DAGHLGR SHARDLOW & UBAN Z003 Mayor and City Council Page 3 May 7, 2002 5. "John Shardlow attempted to testify that Fischers really slid plan on removing 5 million cubic yards of material by showing you their page 12 table. I have highlighted the statement showing that this number includes overburden and topsoil. Page 2 shows their true intent (copies attached)." Page 12 was attached but page 2 wasn't. The information presented by John Shardlow at the March 19, 2002 Board meeting was prepared at the request of City Staff — they wanted to know how many cubic yards of material could be mined. The only way to verify the total volume shown on the table on page 12 was to measure the difference between the original ground elevation and the end use grades on the approved End Use Plan. The total quantity of material our office calculated is 5,003,500 bank cubic yards. Since the Fischer report assumed 25 percent was not suitable for sale, we assumed this amount was 75 percent of the volume mined, or 6,671,300 bank cubic yards. It is our opinion that the table on page 12 is incorrect. 6. "By trying to use huge berms, Shardlow now hopes to stockpile whatever material it is that they are bringing onto the site. The concrete and asphalt found during the March 21 inspection are solid waste that requires a permit." Mr. Shardlow's recommendation to increase the height of the berms was to provide additional buffering and screening from adjacent properties. Isn't that what Ms. Koehnen wants? Imported material is logically stockpiled in the setback, outside the area to be mined so that it does not have to be moved until final reclamation. By requesting the amendment to allow the height of the surrounding berms to be increased from a height of eight (8) to ten (10) feet to a minimum of eight (8) feet at a maximum grade of 3:1, the area within the setback can be used to stockpile the nine (9) to fifteen (15) feet of overburden present on the site that will be used in the reclamation of the site. Within the 100 -foot setback, assuming a flat area of ten (10) feet atop the berm and forty -five (45) feet of slope at 3:1 on both sides of the berm, the height of the berm would be fifteen (15) feet. The concrete and asphalt material is construction debris that has been removed from the site. We believe we have responded to all of the relevant concerns raised by Koehnen in her appeal. If there are any other issues that we may have inadvertently overlooked, then we will attempt to answer them at the May 7, 2002 City Council meeting. 5/07/2002 10:38 FAX•6123375601 DAGHLGR SHARDLOW & UBAN IM004 Mayor and City Council Page 4 May 7, 2002 Respectfully submitted, Dahlgren, Shardlow, & Uban, Inc. Jerry D. Starkey Landscape Architect JDS/kg Qc: Bert Notermann, Shakopee Gravel Inc. Jack Y. Perry, Briggs and Morgan, P.A. • 1 s. N .. r • r. j Allillt , j f r a'S�. x rt .1• `� ri. r •.. ,s a ' .ate mss R t ".e R R - S e :"..;•4 i' j� a9 ' +� � s YX' 9 a M ➢ .0- , „;*••• •°,4,k‘„ - ,,,o.,/ - ' :1: ,' 1 , ., , . (I 9 ab r P .. Processing Area I h „,, „ ' ' , ......-- I ., ,-. I ' , - ,--- .0-- i , , - - ' ,,,,----' , „,,,,- i ,,,,,” „.„.,, 1 : . , , .„ - _.„1. ' 4 , --, e ------ ---- , V ‘, 1- - 1 111111111 ,----- ,.,., ' - , - ___,_ . .. .,...... '..- ---------_ r. _ a t -6,..q.. - airr -- .... .,-, , ........,..„.„, , ( .... ....1. - .7,....... t.d. . . * ., . .■ - - r. -,, •-■.■ ",- *I V ' , _ I .1/4. ,g. ,,, " .;ie,:iit;,.,f;....,,.;vtt.:4t . ... _ „ Ali I 4 , v ... II __,.. ) . . .. , -, _ ,ak, ,, - -V-t , • .„, • 1 Trailer Housing Generator, Diesel Fuel Tank Under Trailer 1 I f � ;_ i r a 4 _,J ...i. .,-_ ..:-._1.- : ,,,.. ,, ;.... i.„,..4.,. ,,;.. ,-, .-- — . 1 y 7 a. - 4 — , ft 3 „ : SS f L w . , ' w sire Mil " °F . . t 1 � li f I, '§ it -0r f i y +aWfa,w. 4 t spyja.r7p - . ‘,.. „,....,.. 4 kINNibli, . 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Scale /Weig Station is A 1 1 , } � ��yr �� ate' . . ; «n ir. -`1.: Product Pile Along County Road 83 ■ ■ ■ ■ 5 Product Pile As Viewed From County Road 83 MAY UY 2bU,-' 1b: ,SU Y N I'IH I =NIHL I,UIN I MUL. 001 07o Uoo r 1W ��— --- -- I • — — /�S ID ]S I am in agreement with staff to table the proposal for 1002 3` ay. until the next available council meeting. �GZ Mark Cemensky Date ** TOTAL PAGE.01 ** CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Waiver of Minor Subdivision Criteria — Mark Cemensky DATE: May 7, 2002 Mark Cemensky owns the property known as 1002 3 rd Ave. E. in Shakopee (see attached plot plan). The property presently consists of one (1) lot and a portion of the previously vacated Shawmut Street, on which the applicant wishes to construct a twin home. The applicant would like to split the property into two (2) lots consistent with the floor plans for each of the building spaces. For this to occur, he is requesting a waiver of the minor subdivision criteria to allow a minor subdivision that would create one (1) lot that would not comply with the required lot width, and both lots having lot depths and lot setbacks that would not comply with the minimum requirements established in the Zoning Ordinance. The property in question is zoned Old Shakopee Residential (R -1C) Zone. The R -1C Zone allows single family detached and attached dwellings, and two (2) family dwellings, and requires lots to have a minimum 60 feet in width, 100 feet in depth and a minimum 30 foot rear yard setback. The northerly lot proposed by Mr. Cemensky would have a lot width of 38 feet. Additionally, the north lot would be 62.35 feet in depth and the southerly lot would be 79.64 feet in depth. Due to the configuration of the structure, he also is asking for a zero (0) foot rear yard setback for that side of the structure that has a common wall. The Planning Department has commented that the proposed layout for the structure does require numerous variances from the design standards. It is our recommendation that the property owner redesign the structure, shifting it further to the west in order to provide a 30 -foot setback from the east property line for the northerly unit as required by the Zoning Ordinance. Additionally, staff recommends that the garage layouts be modified so that the door for the southerly unit faces south, utilizing 3 rd Avenue East for access, and the door for the northerly unit faces north, utilizing Shawmut Street for access. This would also eliminate the setback encroachment of the proposed driveways, which must be set back from the lot line a minimum of five (5) feet. It is staff's recommendation that the driveways be located on the east side of the existing row of coniferous trees in order to preserve those trees, consistent with Section 11.60, Subd. 9 (A) of the Zoning Ordinance. The Building Official provided a comment that separate sewer and water services shall be provided. The applicant has provided a copy of the proposed property survey. If the property owner is granted his request, he will then proceed with an application for a minor subdivision for the City to review. ., @ I �• Should Council approve the waiver, staff recommends that it be subject to the following conditions: 1. Redesign the structure layout to ensure compliance with all setback requirements, with the exception of the zero (0) foot set back for the common wall. 2. Separate sewer and water services shall be provided. 3. Preserve the row of pine trees along the west property line, as specified in Section 11.60, Subd. 9 (A) of the Zoning Ordinance. ALTERNATIVES 1) Approve the requested waiver of minor subdivision criteria. 2) Approve the waiver of minor subdivision criteria, subject to the conditions noted by staff. 3) Do not approve the waiver of minor subdivision criteria. 4) Table the matter for additional information. ACTION REQUESTED Offer a motion consistent with approval. If Council approves the waiver of minor subdivision criteria, it should be subject to the conditions noted by staff. Attachments GAW2002 \05 -07 \cemensky minsub.doc (27 -004164 -0) N W E SHAKOPEE Cohff& =?MESINCE1857 S' \�� 2 ?MSN3W3D NE VW so; pa.zadaid 10ISIAMWIS aAaJ;VxsSINIW(lx 133 1S a'77 z . 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The request is to lots that allow for better reconfigure use of the division located north of 2nd Avenu otsin Atwood w 2 � anted a ure the two (2) existing that he be granted lot Plan)- For this to occur, he is asking (see attached p p ) M11 subdivisio the minim criteria to allow a tumor iuibrement established in the waiver of the um lot area req i lots that would not comply with Zoning Ordinance. BACKGROUND m q uestion Business (B -1) Zone. The B -1 Zone requires The property � is zoned Highway area of one (1) acre, which is 43, 560 square feet. As a ny new lot to have a minimum care feet and parcel A will have wil have 11, 770 proposed by the applicant, Par oted in their present configuration, both lots do not 17, 889 square feet. It should um requirement. comply with the one (1) acre minim The City Clerk has commented that any new construction should pay a park dedication whether parcel B w ould be a lot that woul allow nts.cS commercial is fee, and questioned 1 with the setback r q structure to be built on it that would comply it it has there e area for a that payment of a park dedication would not be re quire a recon figuration of property, rather than a creation of d Additionally dd t, t has been determined built on Parcel B that could comply with the district setback requirements, structure to be con fi gu ration. much more so than in its current which house would be located on the s Eagle Creek Quilt Shop, encroaches The train depot building, p situation 0 osed Parcel A. The attached plot plan shows that This bui xi tmg prod possibly by way is approximately 2.1 feet into Second wish to discuss means to correct, that the City and prop erty Own of an easement or hold harmless agreement. property and survey. If app licant has P rovided a copy of the proposed property d dee scrip with an application for a The app the property owner is granted his request, he will then p minor subdivision for the City to review. ALTERNATIVES of minor 1 Pp er of m Approve the requested waiver minor subdivision criteria. 2) Do not approve the requested waiv 3) Table the matter for additional information. A CTION RE - QUESTED owner's request to be granted a waiver of the criteria and approve Review the property 1 with the minimum lot area require s wishes. ments lots create lots that would not comp y established in the Zoning Ordinance. Pass a motion consistent with Council' Mark Noble Planner I Attachments G: \Cc \2002 \05- 07\barvieuxminsub.doc (27- 001128 -1) Zoning Bound , Parcel O 0 G aG f c - '., -% -CQ it G\ 1 i t ,' •' `l .G ,;y .�+ � �- QCs co CM - , 1 .• � ,, to LL 0 J Lo 5r 1 0 cr ui nil _ > r�; ®r' 1 _ �l. , - ` rq V O (., a } X11 � J ® ', r Y l 1 Cb o� � �.� t CD t I a, ,• 1, ` .'� ,r i CL t ti \ `•� '1 �r ,� ..•- t O - t ® C, - 2` , Z uj _ 1 ®® LLJ ® Po LO U C 0 Q L w Y w `,. 1789ZL9 CITY OF SHAKOPEE Memorandum TO: FROM: SUBJECT: Mayor and City Council Mark McNeill, City Administrator Mark Noble, Planner I C , 07 U S E Approval for Distribution of the EAW for Riverplace of Shakopee. MEETING DATE: May 7, 2002 LN 1 @L The City Council is asked to review and authorize the distribution of an EAW to the EQB Board and the reviewing agencies regarding the removal of the Roehl- Lenzmeier house. Additionally, a press release containing the notice of availability of the EAW for public review will be provided to media serving the project area. There will be a 30 day public review period once the EAW is noticed in the EQB Monitor, after which the Council will be asked to make a negative declaration on the need for an environmental impact study (EIS) for this project. The Council is not asked to make a declaration this evening. The preparation of this EAW is mandatory under 4410.43 00, subpart number 31, historic places, of the Guide to Minnesota Environmental Review Rules, due to the developer's request to cause demolition of a structure that is listed on the National Register of Historic Places (Lenzmeier House, 2011 10 Avenue West). EarthTech of Minnesota, Inc. has provided much of the information in the EAW, which has been reviewed by the City's engineering consultant, WSB, Inc., on behalf of the Responsible Governmental Unit (RGU), i.e. the City of Shakopee. If the Council approves the distribution of this document, WSB, Inc., has noted minor changes that should be made to the document prior to distribution. Those changes include: 1. In the abstract, the last word of the last sentence states, "the house could be raised" rather than "the house could be razed ". 2. Item #13 should be checked yes instead of no. 3. Item 917b should be worded "municipal storm sewer system" rather than "municipal water control system ". 4. Item #18 has a typo for the word "significant ". ALTERNATIVES: 1. Offer and pass a motion authorizing approving the distribution of the EAW for Riverplace of Shakopee. 2. Do not authorize the distribution of the EAW for Riverplace of Shakopee. 3. Table the matter for additional information or other reasons. • , I 0 , '- environmental As§essitteat WorksLeet 1 760 000 51 50 id 0393 / i� 51 49 a � 3800 3975 � 51 �283� f f e 49 51 47 or `II �-- 27'30" 51 46 0 51 45 �� 'I MA ABSTRACT At the request of Mr. Roger Derrick of Cottage Homes L.L. C., Riverplace of Shakopee, EarthTech of Minnesota, Inc. (EarthTech), completed an Environmental Assessment Worksheet (EA 99 of the site located at 201110th Avenue W., Shakopee, AN 55379. The legal description of the property is: SE114 of the NW 114, Section 11, Township 115 North, Range 23 West' The site consists of 4.26 acres The investigation included site visits, interviews with knowledgeable persons, and extensive research, in accordance with Minnesota Statute and EQB Rules. A number of issues were identified as having impact. The impacts and associated mitigation measures are as follows: 1) Traffic. An increase of approximately 250 additional daily trips will occur as a result of this project The Shakopee road system has excess capacity to handZe the additional traffic. 2) Water Quality: Surface Water Runoff.' An increase in impermeable surfaces (paved areas) will decrease the amount of water infiltrating the soil. However, the project design includes storm water detention/retention ponds which will both decrease and treat surface water runoff. I , 3) Water Quality: Wastewaters. The residences will discharge wastewater: The wastewater will be collected and transported by the Shakopee municipal wastewater collection system. Treatment will occur at the Blue' Lake Treatment Plant, which has adequate capacity to treat this waste. 4) Solid Wastes. This project will generate residential solid waste. The City of Shakopee solid waste collection and recycling plan has adequate capacity to collect and treat these wastes. 5) Architectural Resources. A National Register property, the Lenzmeier Farmhouse SC-JA C-0 04, is located on the project grounds However, current construction and previous development near the property have severely compromised the farmsteads original tie to the landscape. The exterior of the property still retains the integrity of the original time of nomination, but the interior of the house has been severely damaged Floors, walls, doors, fixtures and other architectural features have been stripped and removed The house is presently unoccupied and unprotected Vandals have broken some of the windows. Several options were proposed for the Lenzmeier house. Potential uses include: incorporating the house into the new development, house relocation; house preservation; salvage and demolition. The project design team first assessed the feasibility of including the house into the new development as a community center or part of a building. Because of the small size of the rooms and the locations of stair wells and bearing walls, conversion to new residential use was not feasible. Both interior and exterior entrances are not of adequate size to allow access to wheelchairs and other mobility impaired people, and would require widening and possibly moving egress points. Providing access to the second floor, which conformed to current requirements, was not possible. Having a dirt floor basement, which appears to suffer from occasional water problems, can cause indoor air quality problems that may impact residents. For these reasons, inclusion of the Lenzmeier house into the new development was deemed impractical. The Scott County Historical Society and the Three Rivers Organization were asked to come to the site and inspect the house for preservation and relocation potential. Both organizations visited the site and reviewed the house. Neither group chose to take possession of, or move, the house for inclusion in other projects. The project proposer also had several knowledgeable people inspect the house to determine if moving it to another location was an option. Due to Zack of maintenance, structural decay, brittle masonry, non - compatible construction techniques and materials, and incompetent merging of the additions with the original structure, the house was deemed unacceptable for moving. The project proposer has, on many occasions, offered the house to parties at no cost. To date, no individuals or groups have accepted the offer. Another option is house preservation. As previously mentioned, no individuals or groups have offered to renovate or remove the house. Due to the degraded state of the structure (especially the interior), repairs and replacement items would require substantial money, time, and materials. Also, the house no longer fits into the, now, surrounding residential and industrial setting. Removal of the house is the fourth alternative. First of all, a thorough documentation of the house has been conducted. This was completed prior to the last act of vandalism that destroyed most of the significant interior architectural features. Of the four proposed options, relocation or removal of the house appear to be the most practical. Including the house into the new development is not possible. Since the house no longer has context with it's surroundings, and much of the structure has been destroyed or is in disrepair, in -situ preservation appears impractical. However, if an interested party can be found, they may move the building to a more suitable site. If an interested party cannot be found, since a thorough documentation of the structure has been completed, the house could be raised. 1.0 Project title 2.0 Proposer 3.0 RGU 4.0 Reason for EAW preparation 5.0 Project location 6.0 Description 7.0 Project magnitude data 8.0 Permits and approvals required 9.0 Land use 10.0 Cover types 11.0 'Fish, wildlife and ecologically sensitive resources 12.0 Physical impacts on water resources 13.0 Water use 14.0 Water - related land use management district 15.0 Water surface use 16.0 Erosion and sedimentation 17.0 Water quality: surface water runoff 18.0 Water quality: wastewaters 19.0 Geologic hazards and sod conditions 20.0 Solid wastes, hazardous wastes, storage tanks 21.0 , Traffic. 22.0 Vehicle- related air emissions 23.0 Stationary source air emissions 24.0 Odors, noise and dust 25.0 Nearby resources 26.0 Visual impacts 27.0 Compatibility with plans and land use regulations 28.0 Impact on infrastructure and public services 29.0 Cumulative impacts. 30.0 Other potential environmental impacts 31.0 Summary of issues. 32.0 Appendices Appendix 1 Figure 1: General Location Map Figure 2: Project Boundaries Map Figure 3: Site Detail (Topographic Map) Figure 4; Site Detail (Aerial Photograph) Figure 5: Site Plan Map Street Map Appendix 2 Discharges, Releases, and Geographical Features Appendix 3 Color -IR Aerial Photograph 1. Project title: 2. Proposer: Contact person: Title: Address: City, state, ZIP: Phone: Fax: E -mail: Riverplace of Shakopee Riverplace of Shakopee Cottage Homes L.L.C. Mr. Roger Derrick President 7301 Ohms Lane, Suite 560 Edina, MN 55439 952- 830 -0161 952 - 8311215 Not Available City of Shakopee Mr. Michael Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 -1328 952- 233 -3800 952 -233 -3801 Not Available 4. Reason for EAW preparation (check one) EIS scoping X Mandatory EAW Citizen petition 7 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 GU discretion Proposer volunteered If EAW or EIS is mandatory give EQB rule category subpart number 31 and subpart e: Historical places 5. Project location County: Scott City/Towiiship: Shakopee /Jackson SE1 14, NW 1/4, Section 11, Township II5N, Range 23 Attach each of the following tot the EA W: County map showing the general location of the project; U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); * Site plan showing all significant project and natural features. 'ri t ri•;c i i r� i r' ;ir 1 1 i a. Provide a project summary of 50 words or less to be published in the EQB Monitor. Riverplace of Shakopee (Riverplace) is a residential development consisting of 20, single level, home units (four units per building). The project site consists of 4.26 acres that was formerly part of a larger farm. The site contains the Lenzmeier house, which is listed on the National Register of Historic Places. Cottage Homes L.L. C. (a developer of high quality multifamily housing units), is proposing to construct five cottage homes (four units per home) on a 4.26 acre site currently occupied by a Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. - April 10, 2002 number of abandoned farm buildings. Included in these buildings is the Lenzmeier house which is listed on the National Register of Historic places. The site has many advantages. It is currently zoned for this type of development. It is served by several roads which are currently operating below capacity. All municipal services are installed and have unused capacity. Since significant excess capacity will remain on completion of this project, utilities and roads will not need to be modified. ' The structures on the site are considered a nuisance and a safety hazard by the police and the City building officials Because of the site's accessible location.and the abandoned buildings, the site is a repeated vandalism target, a nuisance site for police (requiring numerous responses), and a target for unauthorized solid waste and demolition debris disposal. The site location also provides occupants numerous advantages, There is easy access to medical, educational, recreational, and retail facilities. The site is adjacent to old State Trunk Highway 169 (now relocated), thus providing convenient access to the metropolitan Twin Cities area while retaining the unique character of Shakopee. As stated above the only concern relating to development at this site is the house listed on the National Register of Historic Places. The only building on the site that qualifies as a historic place is the abandoned farm house, the target of most of the vandalism. The homes are to be constructed as single level cottage style residential units. The construction and operation methods are normal industrial practices that comply with all local and state standards. The construction is slab on grade foundations with "stick built" residential above. Operation methods employed at this site will not vary from those of adjacent single and multi family residences. Operations and maintenance will include normal town home activities such as lawn watering and mowing, landscaping, snow plowing, and street sweeping. Site grading and filling along with home construction will be the extent of the physical manipulation of the environment at the site. Demolition of exiting structures (see below) will occur, followed by cutting and filling to attain final grade elevations. After that utilities, roads, foundations and housing units will be constructed. All of these activities will occur in compliance with applicable regulations. This project will produce only normal household wastes. No modifications to existing equipment will occur, and no industrial processes are associated with this project. 6 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc.- April 10, 2002 Significant demolition activities will occur at the site. Abandoned farm buildings, and structures constructed circa 1960 to 1970 will be removed. These include small and large animal agriculture operations such as hog, poultry, and cattle associated buildings and feedlots., These buildings are no longer structurally sound and are not useable for their intended purposes due to zoning. They do not appear to have any context with the landscape or the listed structure. Removal or remodeling of the existing listed structure has been assessed on at least four occasions. The first assessment (by inference) was during the city wide planning, zoning and public input process. No plans for integrating this structure, into the community or preserving it appear to have been made. No efforts appear to have been made to include it with any other historic buildings or the historic preservation district. The zoning (multifamily) would indicate that raising of the building to allow new compatible use structures was anticipated at some level. The next review was by Cottage Homes L.L. C., to determine if any of the existing structures or their elements could be utilized in the proposed project. It was determined that all of the site structures were in too poor of a condition to use as part or all of a structure. Furthermore, the individual architectural elements were either too degraded, or not compliant with current building codes, to be used in this project. The design team determined that if the project was to be successful the structures would need to be removed. The third review was completed as part of the previous permitting activities. Local Historical Society representatives were contacted to review the history of the site and the value of the listed structure. Several site visits were made by local officials with and without Cottage Homes L.L.C., staffpresent. Cottages Homes L.L.C. was informed by the local Historical Society that they found no reason to preserve the structure beyond documentation activities and possible recovery of items that could be used in other projects. This EAW is the fourth review of the listed structure. This review assesses: the structures connection with the landscape, community, and visual impacts, the builders historical significance to Shakopee and/or the state, and the architectural integrity of the listed structure. After extensive review of the site, adjacent areas, and historical records, no context with the landscape or modern structures in the area or community exists at this site. Significant changes in use and community development have removed the structure's context. Relevant and contemporary developments to this structure are no longer visible or connected to this site. Visual impacts are limited due to the placement of roads at oblique angles to the house and noise control vegetation planted along the former State Trunk Highway 169 right of way. The view of the historic portion of the house is blocked by buildings and the newer additions to the house. Further, the current impression of the house is that of a derelict structure with negative connotations. ME Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 Timing and duration of construction activities for this project are contemporary to this EA W. As soon as all issues are resolved,and any required mitigation is completed, the project will be constructed. Project completion is expected within six months to a year from issuance of all permits. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The goal of this project is to provide high quality, market rate senior housing. The single level cottage homes have good accessibility and low maintenance: This project is valuable in that it has easy access to the services that seniors require; shopping educational, religious, medical and recreational facilities. The project will allow residents to maintain social ties with the community and the project will blend in with the architecture of the surrounding properties. While the project does not use public money, the beneficiaries of this project are the seniors that want to remain in or relocate to Shakopee, but do not want to care for a single family home. Also, the City of Shakopee will benefit by retaining or adding to a valuable, active, and diverse segment of it's population, which has much to contribute to Shakopee. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes X No If yes, briefly describe future stages, relationship to present project, time line and plans for environmental review. e. Is this project a subsequent stage of an earlier project? Yes X No If yes, briefly describe the past development, time line and any past environmental review. 7. Project magnitude data Total project acreage: 4.26 acres (185, 683.77 square feet) Number of residential units: unattached: 0 attached: 20 Maximum units per building: 4 Commercial, industrial or institutional building area (gross floor space): total square feet M Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of Minnesota, Inc. - April 10, 2002 Indicate areas of specific uses (in square feet): Office : 0 Manufacturing: 0 Retail: 0 Other industrial.: 0 Warehouse: 0 Institutional: 0 Light industrial: 0 Agricultural: 0 Other commercial (specify): 0 Building height If over 2 stories, compare to heights of nearby buildings Building Height, The height of the cottage homes will be no greater than that of a single family, single level home. The maximum height of the structures is not expected to exceed 1 S feet above ground level. The current structure's maximum height is greater than 25 feet. The height of the planned structures are lower than the existing structures. No Mitigation is necessary. State Minnesota Historical Society Historical To be obtained State Historic Preservation Office & Archeological Clearance City /Local Shakopee Plat Approval Issued Shakopee Building Permit Issued Shakopee Conditional Use Permit Issued Shakopee Utilities Permit Issued Note: The Lower Minnesota River Water Shed District does not issue permits for this type of project. 12 Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of MiAwsma, Inc -April 10, 2002 9. Land use. Describe current and recent past land use -and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous' liquid or gas pipelines. Land use at the project site consists of derelict and abandoned farm buildings, and vacant land. Currently the site is a target for vandalism and inappropriate disposal of demolition debris and solid waste. An underground fuel oil tank (estimated size is 500 gallons) exists next to the house on the property. As part of the site work, the tank will be removed and samples collected in conformance with MPCA Underground Storage Tank Guidance Documents. If a release is discovered as a result of the removal, the impacts will be reported to the State Duty officer and the potential risk will be investigated as per AfPCA regulations. Past experience in removing these types of tanks, and statistics in literature, indicate that little risk to ground water or the environment is expected from this fuel oil tank The project site is triangular in shape with it's long access running southwest to northeast. Adjacent land use to the east falls into to two categories. Immediately to the east of the property boundary are a number of multifamily housing units. Further, to the east is undeveloped property. The undeveloped property is zoned for multifamily residential. This area lies within the city limits of the City of Shakopee. The area to the north and west of the subject site is outside of the municipal boundaries. This area consists of the right of way for the former State Trunk Highway 169. Beyond that lies a manufacturer of galvanized culverts. Adjacent to the south lies a large retail shopping center, a low density use municipal park; and a church. Beyond the park and the church lie single family residences. The project site is one of the last parcels to be developed in this area of Shakopee. No mitigation is necessary. i �� 1. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: 13 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. - April 10, 2002 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimis or avoid impacts. No fish, wildlife and/or ecologically sensitive resources were identified at the site during pre - permitting investigations. The area was observed for signs or wildlife. Since the project is in an urban area the only wildlife noted were rabbits, squirrels and common songbirds. Other species may visit the site, but none were noted during site investigations. The site was investigated for vegetation cover types. The vegetation included noxious weeds, various non - commercial grasses, and several landscape trees around the house. The vegetation has little landscape value and no historical value (all were recent plantings). The nearest wildlife habitat appears to be approximately one half mile north and is identified as the Lower Minnesota River Wildlife Management area. No impact on these resources is expected since there is no direct connection between the sites. The sites are separated by industrial properties and several rail and road right of ways. The Minnesota Department of Natural Resources (Natural Heritage Database) has been contacted to research the site's potential for listed species. It is anticipated that no threatened or endangered species are on, or near, the site. M Before After Types 1 -8 wetlands -0- -0- Wooded/forest -0- -0- Brush/Grassland 3.43 -0- Cropland -0- -0- Lawn/landscaping -0- 2.0 Impervious suffaces -0- 1.26 Other (describe) Abandoned farmstead: 0.71 -0- Residential Units 0.12 1.0 TOT TOTAIL 4.26 4.26 If Before and After totals are not equal, explain why: 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimis or avoid impacts. No fish, wildlife and/or ecologically sensitive resources were identified at the site during pre - permitting investigations. The area was observed for signs or wildlife. Since the project is in an urban area the only wildlife noted were rabbits, squirrels and common songbirds. Other species may visit the site, but none were noted during site investigations. The site was investigated for vegetation cover types. The vegetation included noxious weeds, various non - commercial grasses, and several landscape trees around the house. The vegetation has little landscape value and no historical value (all were recent plantings). The nearest wildlife habitat appears to be approximately one half mile north and is identified as the Lower Minnesota River Wildlife Management area. No impact on these resources is expected since there is no direct connection between the sites. The sites are separated by industrial properties and several rail and road right of ways. The Minnesota Department of Natural Resources (Natural Heritage Database) has been contacted to research the site's potential for listed species. It is anticipated that no threatened or endangered species are on, or near, the site. M Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of Minnesota, Inc. -April 10, 2002 b. Are any state- listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? Yes X No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results, If the DNR Natural Heritage and Non -game Research program has been contacted give the correspondence reference'number: Describe measures to minimize or avoid adverse impacts. The area was observed for signs or wildlife on several occasions. Since the project is in an urban area the only wildlife noted were rabbits, squirrels and common songbirds. Other species may visit the site, but none were noted during site investigations. The nearest wildlife habitat appears to be approximately one half mile north and is identified as the Lower Minnesota River Wildlife Management area. No impact on these resources is expected since there is no direct connection between the sites. The sites are separated by industrial properties and several rail and road right of ways. The Minnesota Department of Natural Resources (Natural Heritage Database) has been contacted to research the site's potential for listed species. It is anticipated that no threatened or endangered species are on, or near, the site. 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration - dredging, ffling, stream diversion, outfall structure, ding; and impoundment - of any surface waters such as a lake, pond, wetland, stream or drainage ditch? Yes X No If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI: . Describe alternatives considered and proposed mitigation measures to minimiz impacts. 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? Yes X No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit 15 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002. numbers, if known. Identify any existing and new wells on the site map. If there dre no wells known on site, explain methodology used to determine. A well currently exists on the subject site. The well has been serviced by a licensed well contractor and will be used to water the grass and landscaping materials on the site. The project will be connected to the City of Shakopee municipal water supply system. The development is expected to use 5,400 gallons of water per day. According the City of Shakopee Engineering Department, the municipal water supply is capable of supplying the required water for this development. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally, designated wild or scenic river land use district? Yes X No , If yes, identify the district and discuss project compatibility with district land use restrictions. 15. Water surface use. Will the project change the number or type of watercraft on any water body? Yes X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of sod to be moved: 4.26 acres, 25, 000 cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. Steep slopes occur in the northwestern portion of the site. These slopes will become part of the storm water control structures and will not be susceptible to erosion. Normal erosion control methods of silt fencing, mulching and sodding will be used as appropriate. Storm water control ponds will be installed on the site to address storm water and sediment control. If erosion does occur, the sediment will be contained onsite in the basins. The M Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc, Apill 10, 2002 sediment will be recovered and replaced on the landscape. The storm water control plan was design by D'Heilly Engineering. Fy n MI r� I I I I it rr i =r r ME= 17. Water quality: surface water runo a. Compare the quantity and quality of site runo before and after the project. Describe permanent controls to mana a or treat runoff. Describe any storm water pollution prevention plans. The quantity and quality of the storm water leaving the site after construction will be equal to, or less than preconstruction storm water quantity and quality. The design for Riverplace of Shakopee uses grassed water ways along with storm water detention and retention ponds to control the quantity and quality of storm water being emitted from the site. The 2, 10 and 100 events will generate the following pre and post construction storm water flow b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. N o direct discharge from the site to water bodies exists at the site. The storm water emitted from the site travels down the former State Trunk Highway 169 ditch and enters the City of Shakopee Municipal Storm Water Control System. This discharges to the Minnesota River system north of the site. 18. Water quality: wastewaters 17 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002. a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. The volume of sanitary wastewater generated by this site is expected to be 5400 gallons per day. No treatment of any types of waste will occur in conjunction with this project. The wastewater will be discharged to the City of Shakopee municipal sanitary sewer system. The City analyzed the supplied data/designs, and permitted the proposed discharge. According to the City of Shakopee, and based on the .duly 8, 1994 Comprehensive Sewer Plan, the project area was included in Subdistrict WD-C. Under "Full Build Conditions" the sewer will have a surcharge of 0.23 feet. The elevation of the sewer main in le Street has been reported as 977' NGVD and the lowest floor elevation is 804'. Allowing for the drop from the slab to the service (approximately 3 to 4 feet) the elevation of the services is two to four feet higher than the projected surcharge. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on -site sewage systems, discuss the suitability of site conditions for such systems. All wastewater will be treated by publicly owned treatment facilities. No treatment of any types of waste will occur in conjunction with this project. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility`s ability to handle the volume and composition of wastes, identifying any improvements necessary. The volume of sanitary wastewater generated by this site is expected to be 5400 gallons per day. The wastewater will be discharged to the City of Shakopee municipal sanitary sewer system. The City analyzed the supplied data and designs the permitted the proposed discharge. d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. No solid or liquid animal manure, or other types of waste will be generated or handled in conjunction with this project. Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 19. Geologic azai-s and soil conditions a. Approximate depth (in feet) to ground water: 15' minimum 25' average to bedrock: 150' minimum 200' average According to the U.S. Geological Survey Hydrogeologic Map of Minnesota, Bedrock Hydrogeology (1978), bedrock in the vicinity consists of Early Ordivician - Late Cambrian dolomite and sandstone. The dolomite is thin- to thick - bedded, sandy, vuggy, and fractured, with some shale partings. Sandstone is quartzose, fine- to course grained, massive or thin- to thick - bedded, and friable to well - cemented. Bedrock hosts the Prairie du Chien - Jordan Aquifer. According to the U.S. Geological Survey Hydrogeologic Map of Minnesota, Quaternary Hydrogeology (1979), area soils are developed in glacial outwash, consisting primarily of admixed or interbedded sand and gravel, with sporadic silty areas. The sustained yield rate is 500 to 100 gallons per minute. According to the U.S Geological Survey Geologic Map of Minnesota, Quaternary Geology (1982), soils are developed in Holocene to Pleistocene terraces. The terraces are remnants of former channels and floodplains above the levels of present floodplains, and below the levels of adjacent moraines and outwash surfaces. Predominantly sand and gravel, but finer grained material also occurs, especially in the terraces along small tributaries of the Mississippi River. Parts of some terraces are scoured surfaces rather than deposits. Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. The site and adjacent areas were inspected and analyzed for evidence of geologic hazards. Prior to and after the inspection, records including lithologic studies, geologic atlases, and drilling logs from the Minnesota geologic survey were analyzed. It was determined that none of the aforementioned geologic site hazards exist on, under, or adjacent to the subject site. No risk to groundwater has been identified prior to, during, or after construction of this project. No substances, in quantities that could be considered a groundwater hazard, are on the site or will be brought onto the site for the purposes of this project. w Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of Minnesota, Inc. -April 10, 2002 b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater cont Lion from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. Based on the site investigation and the Scott County Geologic Atlas, the site is located on the crest of an upper holocene terrace. The surface is a combination of erosion and deposition features. Soils developed on terraces are usually well drained, deep, and fertile. They are mostly,sandy loams to loams and have no drainage problems. The site soils developed under a prairie or prairie /savannah plant community. Human activity at the site has significantly modified the soils and they can now be classified as entisols. According to the Soil Survey of Scott County, Minnesota (1997), site soils include Copaston, Dickman, and Estherville Series, and terrace escarpments. None of these soils are prime . farmland. Please refer to Appendix 8. Solid waste and demolition debris generated at this site during construction will be minimal.. These wastes will be generated from demolition of existing buildings and construction �of the new residences. These materials will be collected by licensed haulers and disposed of at licensed facilitites. No hazardous wastes will be generated in conjunction with this project. No solid or liquid animal manure, sludge, ash, or other types of waste will be generated in conjunction with this project. Solid waste generation at the site will be limited to that produced by 20 households. It will be collected for recycling and disposal in conjunction with the Shakopee and Scott County Solid Waste Disposal Plans. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic ®i Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of 11 finnesota, Inc. -April 10, 2002 or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimiz oreliminate the waste, discharge or emission. No toxic or hazardous materials will be used or are present at the project site prior to, during or after construction. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. An underground fuel oil tank (estimated size is 500 galloris)'exists next to the house on the property. As part of the site work, the tank will be removed and samples collected in conformance with MPCA Underground Storage Tank Guidance Documents. If a release is discovered as a result of the removal, the impacts will be reported to the State Duty officer and the potential risk will be investigated as per MPCA regulations. Past experience in removing these types of tanks, and statistics in literature, indicate that little risk to ground water or the environment is expected from this fuel oil tank. 21. Traffic. Parking spaces added 80 (four per unit) Existing spaces (if project involves expansion) None Estimated total average daily traffic generated 250 trips Estimated maximum peak hour traffic generated (if known) and time of occurrence. The estimated traffic generation by this project is 250 trips per day. Prior to re- routing former Trunk Highway 169 and 10' Avenue West handled approximately 34, 000 average daily trips (AD7). Currently, the number of trips per day on the adjacent street and highway are 6, 000 ADT for 10'' Avenue West and 23,500 ADT for former State Trunk Highway 169. Sufficient capacity appears to exist in the traffic system to indicate that no traffic impacts from this project are expected. The project will gain access by placing driveway entrances onto 10' Street. The locations, site distance, turning radius and alignment, and driveway elevations have all been reviewed and approved by the City of Shakopee Engineering Department. Traffic growth to relating to this project is not expected_ The site will be fully developed and as senior housing the ADTs for this site is expected to remain constant at 250 trips per day through 041 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 . the year 2022. However, the surrounding streets and highways are expected to grow at rate of 3.3 percent annually. Trips per day can expect to grow to on the adjacent street and highway are 14, 417 ADT for 10' Avenue West and 56, 465 ADT for former State Trunk Highway 169 in the year 2022. No significant impact is expected from this project. Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The regional traffic system consists of state, county, and local streets and highways. It also includes local and regional bus services. The system serves the project area directly and indirectly, by providing the residents' transportation services. The regional effect of traffic volumes generated from this site will be slight. As stated above, traffic generated by this development is within the design limits of 10 Street The type and number of trips generated by the senior population of this development is normalcy off peak and according to information from state, county, and city officials, are below design capacities for the regional road system. 22. Vehicle - related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. The project's traffic of 250 trips per day should have no effect on air quality. No air or noise monitoring has been completed and no mitigation is expected for this project. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a 22 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone - depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or suffir hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. No recognized sources of air emissions are associated u th.this project. The only stationary equipment that vent to the atmosphere are the 20 high efficiency gas furnaces that heat the cottage homes. 24. Odors, noise and dust. Will the project generate odors; noise or dust during construction or during operation? Yes X No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Odors generated by this project are expected to be ancillary to construction at the site. They will be slight, intermittent and temporary. Odors will be emitted by heavy equipment per tasks. They will, therefore, be limited to normal business hours. Noise emissions will be ancillary to the use of heavy equipment used in demolition and construction. The noise will only be generated during normal business hours and for a very short period of time. Noise is not expected to be a problem since projected noise levels for construction at this site are less than or equal to those found on the adjacent highways. The construction activities at the subject site will be .conducted in accordance with the City of Shakopee noise ordinance and all other applicable ordinances. Noise generated as a result of vehicle traffic from this project is not expected to be a problem. According to the information developed for this project, noise levels are not expected to be a problem until ADTs for the adjacent roads are doubled. This project will not double the traffic volume. Significant levels of dust are not expected to be generated by the construction of this site. Best Management Practices will be used to keep dust at a minimum. Dust may be generated during site grading and until the site is revegetated. If dust becomes a problem, dust control agents can be applied to construction roads. Non - traffic areas can be hydro- mulched to control dust. Site work is expected to be completed by October of 2002. 23 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? X Yes — No The State Historic Preservation (SHPO) site file search revealed there were no previously recorded archaeological properties in the project area. On -site grading and construction work has eliminated the potential for intact archaeological resources to presently exist. The SHPO architectural files revealed a National Register designated farmhouse, the Lenzmeier House, is located on the property. The farmstead and an associated outbuilding were entered into the National Register in 1980. The small white wood frame outbuilding has since been removed but the farmhouse remains. Information from historical sources indicates that the house was constructed and/or moved to the site in approximately 1864, by Hubert Roehl (pronounced rail). According to ,these records, an unidentified Lenzmeier house, formerly located just west of this site, was reportedly moved from its original site to an undisclosed location. Since the transported house was constructed of wood; it does not appear to be the house which currently occupies the site. The site house is constructed of stone. The site house has undergone several reconstructions /refittings since it was built. At least three (probably more) periods of modification can be interpolated from the building styles and materials. The first additions to the house probably took place in the late 19' century. , A second period of remodeling may have occurred in the 1930s. There also appears to have been additional construction in the 1950s or 1960s. Photographs from "around the turn of the (previous) century" indicate a brick addition had already been built, but was not part of the original stone structure. A number of renovations appear to have occurred in the 1930s. First of all, the rubble stone construction appears to have been rebuilt during that period. This is estimated by comparing historic and current photographs. Investigation of the rubble stone construction reveals that little or none of the original limestone and sand mortar remains within the walls of the house. The newer (circa 1930) portland cement and washed river sand mortar appears to have been used to replace the older mortar in areas of the walls. This mixture covers the majority of the exterior and interior walls. Also, a significant portion of the rough cut and hewn framing Environmental Assessment Worksheet Cottage Homes L.L. C EarthTech of Minnesota, Inc. -April 10, 2002 members have been replaced by newer dimension lumber. This can be seen in the porches and in the portico on, the front of the house. Another series of renovations probably occurred in the 1950s or 1960s. Concrete blocks were used to replace portions of the foundation (seen in the basement) and to support the porches. Wallpaper, screens, and poured concrete steps may have been added during this period. The roof may have been rebuilt in the 1930s or 1950x, The farm house has received little or no maintenance since the 1970s. Currently the structure has suffered the loss of interior historical and architectural 'integrity from vandalism and removal of items. The windows are mostly broken and many have significant decay problems. The roof is poor condition and no recent efforts have been made to repair it. The context of this house to the community and to the landscape has been significantly modified. According to the supplied documentation, the Lenzmeier house's significance is tied to the rubble stone construction, the agricultural community, and the house's position in the landscape. The agricultural community and landscape have changed to the point where they hold little or no continuity with the Lenzmeier house. The architectural significance may still be noteworthy, but the lack of maintenance and vandalism have severely diminished the structural integrity of this house. If it is not already too late, the house will soon be beyond repair. r1 1 11 Two families have been associated with this site. The first recorded occupants were the Roehl's, followed by the Lenzmeier's (Martin Lenzmeier married into the Roehl family). The families can best be described as moderately prosperous farm families that farmed from the project site west along the Minnesota River. The families appear to be good upstanding members of the Scott County, and Shakopee community. In our research, we encountered no records that would add historical continuity or context to this site or the other farms (some still standing) originally held by the Lenzmeier family. While the house may continue to have architectural significance, it does not appear to have historical significance greater than the family that built it and farmed the area. The house does not appear to have had a role in significant events in local or state history. 25 Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of Minnesota, Inc. - April 10, 2002 Prime or unique farnilands or land within an agricultural preserve? Yes X No The site is urban. Designated parks, recreation areas or trails? X Yes No A small low density park lies across 10 Street from the site. The site has open space and playground equipment but no ball fields or other organized sports capabilities. The park is enjoyed by area residents but is not considered overused by the City of Shakopee. I The project will contribute to park usage but is not expected to cause overuse. Two regional resources exist within one ha smile of the site. They include a state trail (Minnesota Valley Regional Trail) and the the Minnesota Valley Regional Recreation Area. No direct connection exists and no adverse impacts on these resources are expected. The occasional use of these resources by the project residents, is not expected to be significant or statistically definable. Scenic views and vistas? Yes X No A scenic viewfrom the site does exist. It is interrupted by numerous industrial operations that lie in the river valley. The current abandoned buildings obstruct the view from areas farther south and east. No change in view is expected for those properties. The project is not part of a scenic vista, for several reasons. First of all, the site is not easily viewed from the adjoining roads. The site is triangular and the view of the site from the adjoining roads is at oblique angles. The view of the site from areas farther away is obstructed by the shopping center and the culvert manufacturer adjacent to the site. While the site had a potential for scenic vista importance, the adjoining roads and developments obscure this site from significance. Other unique resources? Yes X No If yes, describe the resource and identify any project - related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. Environmental Assessment Worksheet Cottage Homes L.L.0 EarthTech of Minnesota, Inc.- April 10, 2002 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? Yes X No If yes, explain. As stated above, the existing developments overwhelm any Potential visual impact issues related to this site. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation', or other applicable land use, water, or resource mana ement plan of a local, regional, state or federal agency? X Yes No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. This project is subject to an adopted local comprehensive plan, the City of Shakopee storm water management plan, and the Lower Minnesota River Watershed District. According to the City of Shakopee, this project is in conformance with these plans. This project has had significant review by the staff of the City of Shakopee's Planning Office. The Planning Office has received all plans and supporting documents relating to this project. The Planning Office has completed its internal review. After that review, the Planning Office presented the project to the Planning Board and the City Council for review and public input. The City of Shakopee has completed it's requirement for public notice and the contacting of interested parties for comment on the plans. The City of Shakopee held public hearings and accepted public comment. It was determined that this project complied with all appropriate, plans, and ordinances and was deemed compatible_ 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? _X No. If yes, describe the new or additional infrastructure or services needed. (Note: any hiftastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) 27 Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. -April 10, 2002 No expansion of municipal services are expected as a result,of this project. However, this project will connect to, and utilize, existing services provided to this site. Existing services include water, sewer, roads, electric, telephone, natural gas, cable, and storm water , , , management. No signicfzcent impact on existing services is expected and all utilities placed for this project will meet all appropriate requirements. 29. Cumulative impacts. A4innesota Rule part 4410.1700, subpart'7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify 'any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and s ummariz e any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). This project is a small housing development project. No negative long term or cumulative impacts are expected relating to questions one through 24 or for questions 26 through 28. With respect to question 25 "Nearby Resources" the issue of architectural and historic impacts may be a concern. The Lenzmeier house listed on the National Register of Historic Places is a house that was constructed in 1864, renovated in the 1890s, 1930s, and 1950s or 1960s, and allowed to fall into disrepair and abandonment in the 1990x. No practical alternative documenting and raising the structure has been identified to date. 3. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. After extensive research and review, no other potential environmental impacts have been identified. O Emwronmental Assessment Worksheet Cottage Homes L.L. C EarthTech ofMinnesota, Inc. -April 10, 2002 In summary, a number of issues were identified as having impact. The impacts and associated mitigation measures are as follows: 1) Traffic. An increase of approximately 250 additional daily trips will occur as a result of this project. The Shakopee road system has excess capacity to handle the additional traffic. 2) Water Quality: Surface Water Runoff. An increase in impermeable surfaces (paved areas) will decrease the amount of water infiltrating the soil. However, the project design includes storm water detention/retention ponds which will both decrease and treat surface water runoff. 3) Water Quality: Wastewaters The residences will discharge wastewater. The wastewater will be collected and transported by the Shakopee municipal wastewater collection system. Treatment will occur at the Blue Lake Treatment Plant, which has adequate capacity to treat this waste. 4) Solid Wastes This project will generate residential solid waste. The City of Shakopee solid waste collection and recycling plan has adequate capacity to collect and treat these wastes. 5) Architectural Resources Several options were proposed for the Lenameier house. Potential uses include: incorporating the house into the new development, house relocation; house preservation; salvage and demolition. ice Environmental Assessment Worksheet Cottage Homes L.L.C. EwlhTech of Minnesota, Inc. -April 10, 2002 The project design team first assessed the feasibility of including the house into the new development as a community center or part of a building. Because of the small size of the rooms and the locations of stair wells and bearing walls, conversion to new residential use was not feasible. Both interior and exterior entrances are not of adequate size to allow access to wheelchairs and other mobility impaired people, and would require widening and possibly moving egress points. Providing access to the second floor, which conformed to current requirements, was not possible. Having a dirt floor basement, which appears to suffer from occasional water problems, can cause indoor air quality problems that may impact residents. For these reasons, inclusion of the Lenzmeier house into the new development was deemed impractical. The Scott County Historical Society and the Three Rivers Organization were asked to come to the site and inspect the house for preservation and relocation potential. Both organizations visited the site and reviewed the house. Neither group, chose to take possession of, or move, the house for inclusion in other projects. The project proposer also had several knowledgeable people inspect the house to determine if moving it to another location was an option. Due to lack of maintenance, structural decay, brittle masonry, non - compatible construction techniques and materials, and incompetent merging of the additions with the original structure,, the house was deemed unacceptable for moving. The project proposer has, on many occasions, offered the house to parties at no cost. To date, no individuals or groups have accepted the offer. Another option is house preservation. As previously mentioned, no individuals or groups have offered to renovate or remove the house. Due to the degraded state of the structure (especially the interior), repairs and replacement items would require substantial money, time, and materials. Also, the house no longer fits into the, now, surrounding residential and industrial setting. Removal of the house is the fourth alternative. First of all, a thorough documentation of the house should be conducted. This could be followed by the removal of any salvageable fixtures, materials, or structural components A majority of the valuable items were previously removed Of the four proposed options, relocation or removal of the house appear to be the most practical. Including the house into the new development is not possible. Since the house no longer has context with it's surroundings, and much of the structure has been destroyed or is in disrepair, in situ preservation appears impractical_ However, if an interested party can be found, they may move the building to a more suitable site. If an interested party cannot be 9M Environmental Assessment Worksheet Cottage Homes L.L.C. EarthTech of Minnesota, Inc. - April 10, 2002 found, a thorough documentation and salvage of the structure could be completed before building removal_ 31 m 70M � � g m m Figure 1: General Location Map Figure 2: Project Boundaries Map Figure 3: Site Detail (Topographic Map) Figure 4: Site Detail (Aerial Photograph) Figure 5: Site Plan Map Street Map N TH I�TiiYta I TH N RTH f� . I winlam N TH i i 5 0 3 P � I i �s O- S S•• v � V i H s WMI i of esota, Inc. Cottage Homes LLC. � V I ace 16 S. 5th Ave. E., Box 122 Scale: -.+�: Date: 4/1/02 By: Revised By GJG esota 56352 (320) 363 Dra vAng #: 01- 1251 -50e Project #: 01- 1251 -50 Approved By: PJB Fax (320) 2564929 f ��. II I 07 Discharges, Releases, and Geographical Features Maps (2) EnviroMapper: Map Printing Page 1 of l v 1 JO 1 ctua Vi a, -'—' „ AI as . ,:r - ' 7 11 1 1 k - . azaa bloi . o LEGEND a q till III ■ I Water dischargers CI • Superfund G ( • Hazardous waste � ' Al j • Toxic releases l fiC j eli j • Air emissions ■ R © :� • BRS ■Multi-activities P �_;. Mb __ £ Schools EPA's Ertutroklar,ppr i `` f 0 Hospitals II- Churches A Populated Places ► EPA E � t A N Streets } N Streams ® Lb'ater Bodies r'' (=Counties ...i.esrimap? name= enviroMapperh &Cmd= PrintMap &CmdOld= ZoomOut &mapTitle = &threshold =0 3 &zoornFactor--2 &laversCode =1 3/6/2002 • M ® 11111111 • • • OM • IOU IIIIIII 1' Mill gill IIIII ® =III • EnviroMapper: Map Printing Page 1 of 1 a am 4 dO +,_ am o 1 ,4" a ih \ � �g� i ott+ m LEGEND a a g • Water dischargers O Superfund • Hazardous waste 145th • Toxic releases `4 • Air emissions o o t P ide; • BRS C ' '� U Multi - activities a 13th t Schools QA's EnairoMapper 0 Hospitals 6 02 447 :l5 PM Churches A A Populated Places �a► EPA6 Streets N Streams r Water Bodies 0,1 mi O Counties ! � ... /.esrimap? name enviroMapperN &Cmd PrintMap &CmdOld= ZoomOut &mapTitle =& threshold= 0.3 &zoomFactor= 2 &laversCode= 13/6/2002 1' ' r a • a 1 Minnesota DNR - ForNet: Air Photos Online Air Photo Characteristics Page 1 of 2 As an aid to forest resource management efforts, DNR Forestry acquires color infrared airphotos of forested counties on a rotating basis, covering each of these counties about once every 8 years. Taken from 7900 feet above ground, the photos in their original form are highly detailed, showing individual trees, buildings and vehicles. Each covers an area slightly larger than four square miles. They are taken with stereoscopic overlap for three- dimensional viewing. All are available for purchase at the original size of 9 "x9 ", and as enlargements up to 36 "x 36 ". DNR airphotos are predominantly red in color because they are taken with color infrared (CIR) film, which displays healthy vegetation in red rather than green tones. On CIR film, clear water usually appears black; turbid water appears light blue; paved and urban surfaces are usually blue -gray. The DNR photos are normally taken during fall, to capture color changes that help users distinguish vegetation types. Several trees in the sample below show fall color changes. Coniferous trees (pines, spruces, firs) normally appear darker red than broadleaved trees. To let you browse DNR aerial photos conveniently inAirphotos Online, we have to "sample http: / /maps.dnr.state.mn.us /forestry/photos /about.html 4/4/2002 isn ®t wh at you get. What y ou see ... Minnesota DNR - ForNet: Air Photos Online Page 2 of 2 down" their resolution so the files are of a manageable size for delivery over the internet. The left image above represents a small piece of an Airphotos Online image, blown up to large scale. The right image shows the same small portion of the original photograph, similarly enlarged. To obtain a high - resolution image, you can order any DNR aerial photo directly from DNR Resource Assessment in Grand Rapids. DNR Information Center Phone: 651- 296 -6157 or 888- MINNDNR t 500 Lafayette Road TTY: 651- 296 -5484 or 800 - 657 -3929 t St. Paul, MN 55155 -4040 For DNR Info: infb@dnr.state.mn.us k r IDNR home driving directions Site Comments: webmasterndnr.state.mn.us Contents © 2000 Minnesota Department of Natural Resources. All rights reserved. http: / /maps.dnr.state.mn.us /forestry /photos /about.htrnl 4/4/2002 I Photo ID: met -1 6 -038 (medium reso v r � + '' a ,.arm ' .' II f ' k • ,,,r4 ., 1:It' 4( i s. �,� ' � • � r A 1011 P :), " ,..1.0. :1 ''''' ' : , ' 4;f4: 4- '21;,'"'s. : ' ft ' i . . it ' ' Ott . s 0 �y` � T' 1.. 1 It I 4 I Rtt �d � Mifb � a. 4 I I I I http://maps.dnr.state.mn.us/cgi-bin/full_photo.pl 3/7/2002 I Minnesota DNR - Recreation Compass Maps (4) Fish and Wildlife Resources I Minnesota DNR - Recreation Compass Page 1 of 2 I Minnesota DNR - Recreation Compass I I 1 .low- 14 rit rt. ' .1'....... ilf tom.,.. r IL `"' �,� ..■ ific I S * *. l'i iiirdik ' - • Mri .. • :: 7 --- -7-F4 • . . 1 . :, I .. 1 ir . •,,, .7 I: ■ >7: 11114. 1111,4All - I dr:16 e • r • '; 1 ire :r �L -; ..r.--ife. Lti f Y .4, , : 4* 'NN ..)-(311'''itkL„....t I j II MAP LEGIND Stec Canoe Re 0 44 88 132 176 220 roi ') UISISS 4 Rye 0 70 140 210 280 350 k+ Vgi sdsn1Ic & Nand kses I e. Mille MonesenntMea 111 Map Parameters (UTM Zone 15, NAD83) M Nike Nike to Foram" mi 139935.694308 maxx: 810215.144363 Iwren.l Mlle Rebels miny: 4799637.772312 maxy: 5491434.620964 II III NMForests 13 Public Water Mean I Minnesota DNR - Recreation Compass I '.- Peterson Pond 10® • \ gel- i 2 r r t ` ore-- i S(t) �Ca a i s , } amt , uis Park I ∎M - 1 .'. L • b -- `- � Xi • Ca 1 t V4 . , - ' - Ai Vt.:D * - - _ '1/4„ - kr; „,'�. a .v A 7� erawo • ♦ L. - ].- - , - - — O I r ' ' 1 •...a I 0 i Dikk . ,, -ad , � t �� ,, < [�lirn ii C S SPi l Rodhd � } f. .10 � - �� ` y r_ ",. .,. TuRbid . , 4s 0 ^. - r S . �� .e • � i iUii t norms BaRia �/ / --i /"1 • 1 i -, - j , ?i,, �I =� 1 1 i _ 0 ��� ! - ! ; � _,_..,.. t T , ", �,.. f' - 28 ncrPs n f 1 \ Te -. :: ' *- . . _ y . a 1.r 1d PY�fi _. ! ' . A im _.mac.__�� —' �a I(:t+ Minnesota V ..; -. 1, , } � °;6 ye_. ; r l ,y Rn Vanity State Rec. Are - 1 • . • = Qi 410 111'. (D - i 1 -(1-- '''. M - 1 - k . c . \ . —L. P P .� I C ier_H � hla WMA } 7 1 Mn. Valley State • N. - ( � Rec. Area _r_ f „ ru . Hatt n i" 0 i '� t . t �� urs#, o o f ; - • :i „. 0 ' . { . r 1 I 1 , 1 _ OF IP " III f-, 4.... 1 ��i m - - � " ,, f S t om p 1 Ai III �o w ' 11 P - 0 ii, i �x ��. �Mn. Valley State Rale. a { - -,.. "-t , NI 111111gai _ ice. ' enalri n tang. Lw I MAP LEGEND 0 2 4 6 8 10 mi r State Canoe Routes Illi Lakes & Rivers ■ 4 8 12 16 20 kn Scientific & Natural Areas L+1 S. r Male Management Areas gm State Parks Map Parameters (UTM Zone 15, NAD83) le ill r minx: 439321.760341 maxx: 477262.106571 ice'' =ta: 1 — State Fares% ,:111► ,. -'t I - National 1Aliildlite Refuges rrtrny: 4941056.157224 mazy: 4980214.469414 ~� `s;N. _ National Forests 'rE11E00 *=8 • Public Water Access ... /view_print. html &mapext= 439559.443571+ 4941056.157224+ 477024 .423341 +4980214.4694 3/7/2002 1 I Minnesota 1JNK - Kecreatton Lompass Page 1 of 2 I Minnesota DNR - Recreation Compass 1 apostmaen mama —. __ i ► Re kT -9 0 ' i Jacques Pond Y II I . LL ILL. _ 7. r -- illak I �• fil - -� 1 - -, )- niiliel 'IA__ __ ., -ii , „,.., ,_ - ' 0 ._ ____,..1.,_i_____. 0 *. _, , 1 _ , i. ,, _ \ , ,, , 40i :_,__. ,., , 1_, , I I \, l i I 41 r- r� r N 0 _ a-V. 1 : ,. ti a _...,r I `. Mn. Valley Stat Rec. Ac +� - - I i .f * �`�L I l _ + ' .. • • . ee i , + , car r+- ++ kl� .. 1 j _ _ r C O U r, u . rtli i t mum. /i ~ "` - " .-._ _ I l I NM a In , HIE _ f i 111 :, t '-r;,_ , ,S �- . 111 Mn. Valley State Rec. Area >5 --a--: • , r---4-- . . _ ._ ___ , Tigiltil._ . I Gi,nif Y i ..._ II 1 0 0 ' 1 -J 1 . ' I J n Lake YMIMA CD of it,., f MAP LEGEND 0 0.8 1.6 2,4 3.2 4 wi II A State Canoe Routes ��� is Lakes & Rivers 0 1 2 3 4 5 In Scientific & Natural Areas ` , 1.r ill II Wildlife Management Areas State Parks Map Parameters (UTM Zone 15 NAD83) I i1 ��/� / State Forests minx 452021.608962 maxx: 464668.391038 • < <: IsliP*; National Wlialife Refuges miny: 4954126.614635 maxy: 4967179.385365 it> ` . ;� i. I •A�.r...rt► _ National Forests firstl•11IIIrtllltti I • Public Water Access I Minnesota DNR - Recreation Compass Page 1 of 2 I Minnesota DNR - Recreation Compass t 0 ._ ,,„ = 1 ' ~ f Minnesota Valley NWR ,_ r `l 1 s Ra uerwMA 1 ._. - '4 .s , . Mn. Valley State Rec. n , mow t • _t r__,---;- s 1— } - - i -- - - I ._ 1- r - }— L— 4_4_,r-±- i + t �J I �I_ • I 'f ' _ 1 = U �. I i 0 . ,, i t M n 1 lay State Rec. • 11_ 1 r ((_:_ 1 1 N) I MAP LEGEND r ` State C anae Routes 0 0•2 0•4 0.6 0.8 1 on Lak es 8 Rivers 0 0.4 0.8 1.2 1.6 2 fan I empit I Scientific 8 Natural Areas 111.1111110P' Idlife Management Areas S� Il State Parks Map Parameters (UTM Zone 15, NAD83) tr�i ���Ir��N State Forests minx: 454083.076979 maxx: 458598.630097 � •_r: National Wildlife Refuges miny: 4957204.511447 maxy: 4961861.175600 ����* t�► I National Forests •�� *ra�a�� fr�l•��r�� Public Water Access Endangered, Threatened, or Special Concern Species Miscellaneous Ecologically- Sensitive Resources Maps and Reports a� cv 0 0 N M W 00 �I b4 CZ U i -i r+ r-1 Yv A y x ias. .. xY ' "lntz, } G cv 0 0 N M W 00 �I b4 CZ U i -i r+ r-1 Threatened and Endangered Species, 1995 5 7886 Product Title: Threatened and Endangered Species, 1995 Description: This map shows the number of threatened and endangered plant and animal species by county. Large GIF Postscri tp File About our maps -7 Help Uses of this Product: Identify areas of potential concern for the loss of species due to all natural and man made threats. Cautions for this This map does not specify the specific threat (eg. agriculture, Product: urbanization, etc.) which contribute to the identification as threatened or endangered. Source: Threatened and Endangered Database Distributor: Bio Data, Inc. Reliability: FWS Threatened and E ndangered lists, County level LAYERS II �_ 0 $ Endangered Species : Those species that are faced with extinction in all or much of their distribution. Threatened Species : Those species that seem likely to become endangered. Page 1 of 2 http: / /www.nhq. nres .usda.gov /land/meta/ml984.html 3/11/2002 Amblystegium Serpens var. juratzkanum Aulacomnium palustre Brachythecium erythrorrhizon Brachythecium oedipodium Brachythecium oxycladon Brachythecium rivulare Brachythecium salebrosum Brachythecium turgidum Brachythecium velutimim Bryoerythrophyllum recurvirostre Bryohaplocladium microphyllum Bryum capillare Bryum pseudotriquetrum Callicladitan haldanlanum Calliergon cordifolium Calliergon giganteum Calliergon richardsonii Calliergon trifarium Calliergonella cuspidata Campylium chrysophyllum Campylium hispidulum Campylium polygamum Campylium stellatum Catoscopium nigritum Ceratodon purpureus Cinclidium stygium Climacium dendroides Cratoneuron filicinum Cyrto - hpnum minutulum Dicranum flagellare Dicranum montanum Dicranum ontariense Dicramon polysetum Dicranum scoparium Dicranum undulatum Distichium capillaceum Drepanocladus aduncus Drepanocladus aduncus var. kneiffi Drepanocladus aduncus var. polycarpus Drepanocladus sordidus Entodon cladorrhizans Eurhynchium pulchellum Fissidens adianthoides Fissidens dubius Fissidens osmundoides Hamatocaulis vernicosus Helodium blandowii Herzogiella turfacea Hylocomium splendens Hypnum fertile Hypnum hamulosum Hypnum lindbergii Hypmtm pallescens Hypnum pratense Isopterygiopsis pulchella Leptobryum pyrijorme Leptodictyum riparium Leucobryum glaucum Limprichtia cossonii Limprichtia revolvers Meesia triquetra Mnium marginatum Mnium spinulosum Myurella julacea Myurella sibirica Neckera pennata Oncophorus wahlenbeigii Orthotrichum elegans Orthotrichum obtusifolium Orthotrichum speciosum Paludella squarrosa Plagiommum cuspidatum Plagiomnium drummondii Plagiommum ellipticum Plagiothecium denticulatum Platydictya jungermanniodes Platydictya subtile Platygyrium rep — Pleurozium schreberi Pohlia nutans Polytrichum juniperiman Polytrichum strictum Pseudo- calliergon turgescens Ptilium crista- castrensis Pylaisiella polyantha Pylaisiella selwynii Rhizomnium pseudopunctatum Rhytidiadelphus triquetrus Sanionia uncinata Scorpidium scorpioides Sphagnum angustifolium Sphagnum capillifolium Sphagnum centrale Sphagnum fuscum Sphagnum girgensohnii Sphagnum magellanicum Sphagnum nitidum Sphagnum rubellum Sphagnum russowii Sphagmim squarrosum Sphagnum teres Sphagnum warnsto>fii Sphagmim wulfiamim Steerecleus serrulatus Tetraphis pellucida Thuidium delicatulum nuidium recognitum Toin enthypmim falcifolium Tomenthypnum miens Tortella fragilis Warnstorfia fluitans Scott Amblystegium serpens var. juratzkanum Amblystegium varium Atrichum altecristatum Barbula unguiculata Brachythecium acuminatum Brachythecium digastrum Brachythecium erythrorrhizon Brachythecium oxycladon Brachythecium refl— Brachythecium salebrosum Bryum caespiticium Bryum pseudotriquetrum Campylium polygamum Campylium stellatum Entodon seductrix Eurhynchium pulchellum Fissidens adianthoides Hygroamblystegium fluviatile Leptobryum pyriforme Leptodictyum humile Leskea gracilescens Leskea polycarpa Physcomitrium pyriforme Plagiomnium cuspidatum Plagiomnium ellipticum Platygvrium repens Polytrichum strictum Pterigynandrum filiforme Pylaisiella selwynii Sphagnum angustifolium Sphagnum squarrosum Warnstorfia exannulata Weissia controversa Sherburne Anomodon attenuates Anomodon minor Brachythecium salebrosum Ceratodon purpureus Climacium dendroides Dicranum polysetum Entodon seductrix Hedwigia ciliata var ciliata Plagiomnium cuspidatum Polytrichum piliferum Rhodobryum roseum Rhytidiadelphus triquetrus St. Louis Abietinella abietina Amblystegium serpens Amblystegium varium Amphidium lapponicum Anomodon attenuatus Anomodon minor Anomodon rostratus Atrichum altecristatum Aulacomnium palustre Bartramia pom formis Brachythecium acuminatum Brachythecium erythrorrhizon Brachythecium oedipodium Brachythecium populeum Brachythecium rejlexum Brachythecium salebrosum Brachythecium velutimmi Brotherella recurvans Bryhnia graminicolor Bryoerythrophyllum recurvirostre Bryohaplocladium microphyllum Bryohaplocladium virgimanum Bryum argenteum Bryum caespiticium Bryum capillare Bryum pseudotriquetrum Callicladium haldamanum Calliergon cordifolium Calliergon giganteum Calliergon richardsonii Calliergon stramineum Calliergon trifarium Calliergonella cuspidate Campylium chrysophyllum Campylium hispidulum Campylium polygamum Campylium radicale Campylium stellatum Campylium stellatum var_ protensum Ceratodon purpureus Climacium dendroides Conardia compacta Cynodontium alpestre Dichelyma capillaceum Dichelyma pallescens Dicranella cerviculata Dicranella heteromalla Dicranella schreberiana var. robusta Dicranum flagellare Dicranumfuscescens Dicranum montanum Dicramim ontariense Dicranum polysetum Dicranum scoparium Dicranum undulatum Dicranum viride Distichium capillaceum Drepanocladus aduncus Drepanocladus adimcus var. kneiffii Drepanocladus aduncus var. polycarpus Entodon cWorrhizans Eurhynchium pulchellum county checklists, page 13 ins MI NO ON 1� ■c4 V +10 i iA �[ �>41, �� �.. rR `� � e�l•ilEfir:��/��: /I� ` f� a/ � �� t�"•��'^ 'y"r�'r��� \\ ilf."1I�0 /I<Q1® rr'�i� ®.•�� "y AC Amps ALM RIP' � U ® di ¢` �$� i _}� � R u t 'till 1 4 , 1 1411 1 P 4 1 1 1 �ff q a�g [ e y a F E` 3� �3��5-YLyfT f i�� t { M $ t M 1 04 1 - 141 1 1 1 rR t A f i E3 r ifi N t a i p r d t § S A g � Y =2a Y P r I y s 6 - 1 7 1 I � � C tz g t i t t�� t�' a Ee R FIN $" �32'e [id $t Q�i� - $4.a kiE 9}�E7 & & &ffi222. a yy R3 11 11 1 ,14 4 -�C a � - � - Q {{ :Ipp g 6 6; r •�p 4 .�$_ f�Lp° �.�� It Ei "Cg E�€•�ii E�` p H} 3 -- E 3■ ;� g R �� e � ��� E � s4 • : �''it }� i ;" €€ :�° g � ��'� � -r 9 i " geSX� Fi 3F ^ t f S a y � B = i U 6�Y� ��;� �, l 1 � a� U) It / tTj a�.� R °# k go cn o &� aif` �� ��,�� � :•� �P �i �� �I; ' c�"psj a �, � as �i�$ � t� Z d i 6 m tit gg i g 1� a ° ¢ �t. e �i� ly p E` £ g } pi P @� � F ��4� g :- q•.Ei � 1�Sa�E� �F, � a 6.� _3 g - x 9� p Y X a 3• a ai � 2 I- B t 95 k t I�a� � �� E m 44 Ulm This appendix left intentionally blank for comments and responses gin a m Flood Hazard Map Weather Hazards Maps STORMWATER DRAINAGE REPORT RIVER PLACE SHAKOPEE, MN. PROJECT NO. 201236 The following Drainage Report is for the comparison of pre - development runoff and post development runoff. To achieve this; a combination of Retention and retention pond will be used. The site is approximately 4.26± acres with an existing house and several farm buildings. DESIGN DATA: Following is a list of design requirements and methods used for the design of the retention and detention pond. RETENTION POND • RETENTION POND TR — 55 used in runoff calculations • Post Development Runoff Coefficients are Impervious = 98 Pervious = 69 DETENTION POND • Modified rational used in runoff calculations • Interpolation of MnDot IDF curves used in ration calculations. • 2, 10, & 100 year storm frequency used for comparison. • Predevelopment Runoff Coefficients are Pervious = 0.35 Impervious = 0.95 Gravel = 0.70 • Post Development Runoff Coefficients are Impervious = 0.95 Pervious = 0.20 The pre - development Tc is assumed to be 10 min The post development Tc is assumed to be 15 min SUMMARY: RETENTION POND 'B' The Retention Pond is designed to hold the 100yr. Storm with infiltration and evaporation as the only outlet. DETENTION POND 'A' Presently, based on the survey, 95% of the site drains to the county ditch directly or indirectly. With the use of the retention pond we are excluding area A as draining to the county ditch. Therefore only area c, d, e, f, g, &h drain to the county ditch through pond 'A'. To slow the flow from pond 'A' a 12" orifice with the invert set at NWL will be used. Following is a summary of the calculated flows: The 100 yr. HWL = 779.9 ft Area B is the only area that drains to the city stormwater system. CONCLUSION /RECOMMENDATION: Based on the above calculations we have an overall reduction in the flow rate leaving the site. Therefore we request approval of the system as presented. 2 year 10 year 100 year Pre — development runoff 7.51 cfs 11.06 cfs 14.82 cfs Post development runoff 2.31 cfs 2.83 cfs 3.48 cfs The 100 yr. HWL = 779.9 ft Area B is the only area that drains to the city stormwater system. CONCLUSION /RECOMMENDATION: Based on the above calculations we have an overall reduction in the flow rate leaving the site. Therefore we request approval of the system as presented. AREA 'A' RUNOFF Q = Q Q = 3.09" V = 3.09/1: V= 11,180 (P — 0.25) ^2 P +0.8 S (6 — 0.2(3.7)) ^2 6+0.8(3.7) x 43,420 797 = 5,577 SF 798 = 8,176 SF 800 = 12,926 SF Total Volume Provided = 27,978 CF WATER QUALITY TO POND 'A' Q = (P — 0.25) ^2 P + 0.8 S Q = (1.5 — 0.2(2.65)) ^2 1.5 + 0.8(2.65) Q = 0.26" V = 0.26/12 x 156,816 V = 3,397 CF 775 = 1,557 SF 776 = 2,153 SF 778 = 3,611 SF 779 = 6,600 SF P =6" S = (I 000 /CN) - 10 CN = (98 x 0.15) + (69 x 0.85)/1 CN =73 S = (1000/73) — 10 S = 3.7 P = 1.5" S = (1000 /CN) - 10 CN = (98 x 1.25) + (69 x 2.35)/3.6 CN =79 S = (1000/79) — 10 S = 2.65 Total Volume Provided = 12,724 CF 1 . 0.ilikr....„ '" :114 D8 FLOOD J llowysaiip 4,_ Hennepin Co jo y I HAZARD AREAS 'Mr Aso% • dliw Flood Data 11." I ,.._ 'N - -- I Carver Co ❑ 100 - of Flood , ❑500- 14' FIcc e 1 ❑ Water Bodies ;; I' ❑NoDar* ...Nib r tt 1 I c • a sconce CO c vi � Tom' j f � �� 1 1 'r 7 � I ()I CHI '•ar - 16.4./24.7 kw s* I . . rV I AV. ,r.::nsv. ' leo Ake IS -' t -- � I r■ I / arla Cezceoery II t 1 .. ,....____ iiiiiiii ,,,,,--:.7.-' ,--'-----, / / III 1 1 -- \ _ 11111111P .---- Ir. 1 7- MI TA :\ 1 (c) 2002 ESR1 -1.9m/3.1 km across I E 1 i 1 i I ,...4"-""`' , .. ). j• ......- .. C --, ''', ,-- • a - " k • . • I • • e p N • US HISTORIC i i HAIL STORMS Inches St Paul • 0 I I. 9+ ktlinneapolis • 7 - 9 0 Bloomingtoo 16-7 I • 4 — 6 ._ , 1 Data After 1990 I 1970— 1990 Beirre 1970 (c) 2002 [SRI — 84.0 1111: 135,2 km across I \ ' .,... . _ --- ' 'i ---- ----- ---- 1 . , . ,.. . , ' t . Chaska ...--' • .---"---) ' -----‘-:---":; __. "111111 I • __ t ' s 1 1 55318 s N. 1 ..• •,, i 1 0 ,''' a ,x ----- • i \,_,,_ /' — --- I / 1 !31S. 1 ..,., I 1044 , 1 I ''m':',1, 1 • i • -,-- (c) 2082 ESN I ...,..411 , ' 6 8 MI I 11.0 km across I I I I II ; r " '''' fit., , I 0 e �,a ; 111 T �I a so c TOsNAOSES I . 4' ft. PAiii Ifip w , b h j� �* 6+ 1 5 4 . iwa; F s x. x, 3 � � ,, .� 1 I • y ? 1 'i.,,,z,-,- 4. • 1a4 0 d 0 After 198 • 1970 - 1980 (c)) 2002 ESR1, +„ ,,s,L< , -- 84.0 mi / 135.2 km across Rebore 1970 I 11 1 J • 55347 --- --- :' I _, k■ 55318 '1444 1 a 4 J r 7 t r fir y `� .- 9 r 1 ���a, . ,5315 1 I 55379 1 „„ 1 (c) 2262 ESRI 1 ., .,,, I b ...1111 i i oil / 110 kw aarrss I r,i ....... .. US HISTORIC I WIND STORMS WPH 5t, Paul I Minneapolis • • 0 140 + • 120 - 140 deed Co • I • 100 - 120 • 80 - 100 t Dakota Co • 60 - 80� G 1 • 0- 60 Date I • After 1990 Rice Co . ; Goodhue CS • 1970 - 1990 ( 2002 ESRI , z -- 84.0 mi 135.2 km across ' Before 1970 )11 �- 55317 55347, 1 N 55318 I r L / 1 55315 I N( 55379 4. 1 1 ,; (c} 2062 EMI .Ai 6.8 an 111.6 km arm: I I 1 US m m General Soils Maps and Descriptions LOCATION COPASTON MN +IA Established Series Rev. AGG 9/97 Fj The Copaston series consists of shallow, somewhat excessively drained soils that formed in a mantle of glacial drift or alluvial sediments over limestone bedrock on terraces and uplands. These soils have moderately rapid permeability. Their slopes range from 0 to 60 percent. Mean annual precipitation is about 28 inches. Mean annual air temperature is about 47 degrees F. TAXONOMIC CLASS: Loamy, mixed, superactive, mesic Lithic Hapludolls TYPICAL PEON: Copaston sandy clay loam with a slightly convex slope of 2 percent on a rock -cored terrace in a pastured field. (Colors are for moist soil unless otherwise noted.) A - -O to 7 inches; very dark brown (I OYR 2/2) sandy clay loam; very dark grayish brown (I OYR 3/2) dry; weak very fine and fine subangular blocky structure; friable; about 2 percent gravel; neutral; clear smooth boundary. (6 to 10 inches thick) - -7 to 11 inches; very dark grayish brown (I OYR 3/2) fine sandy loam, dark grayish brown (I OYR 4/2) dry; weak very fine and fine subangular blocky structure; friable; about 2 percent gravel; moderately acid; clear wavy boundary. (0 to 6 inches thick) w - -11 to 18 inches; dark yellowish brown (1 OYR 4/4) sandy loam; weak fine subangular blocky structure; friable; dark brown (1 OYR 3/3) coatings on faces of peels; about 5 percent gravel; slightly acid; abrupt wavy boundary. (0 to 10 inches thick) 2 - -18 inches; limestone bedrock. TYPE LOCATION: Rice County, Minnesota; about 2 miles west of Northfield; 980 feet east and 900 feet south of the center of sec. 2, T. 111 N., R. 20 W. USGS Northfield quadrangle; Lat. 44 degrees 26 degrees 50 minutes N., Lon. 93 degrees 11 minutes 14 seconds W., NAD27. RANGE IN CHARACTERISTICS: Depth to bedrock ranges from 10 to 20 inches. The mollic epipedon ranges from 7 to 16 inches in thickness. The upper mantle typically does not have free carbonates, but a small amount is in the lower part of some pedons. The upper mantle contains 0 to 15 percent gravel and 0 to 5 percent cobbles. The rock fragments are limestone. The average clay content in the upper mantle ranges from 14 to 30 percent. The reaction of the upper mantle is moderately acid to neutral but includes slightly alkaline in the lower part. The A horizon has hue of l OYR, value of 2 or 3, and chroma of 1 or 2. It is sandy loam, fine sandy loam, sandy clay loam, loam, silt loam, or clay loam. The Bw horizon has hue of l OYR or 7.5YR, value of 3 or 4, and chroma of 1 to 4. It is sandy loam, fine sandy loam, loam or clay loam. In some pedons the lower part of the B horizon has few faint clay films. Typically, the boundary between the upper mantle and the bedrock is abrupt, but a thin layer of disintegrated rock or less than 2 inches of discontinuous residuum is at the contact in some pedons. COMPETING SERIES: These are the Bechvn Emeline and Huntley series. Bechyn soils have sola terminated by igneous and metamorphic bedrock. Emeline soils are less than 10 inches to bedrock. Huntley series have Bola terminated by shale bedrock. GEOGRAPHIC SETTING: The Copaston soils have plane or convex slopes on bedrock controlled terraces and on uplands. These soils formed in a mantle of glacial drift or alluvial material that overlies limestone bedrock at depths of 10 to 20 inches. Slopes range from 0 to 60 percent. Mean annual air temperature ranges from 45 to 53 degrees F. Mean annual precipitation is ranges from 24 to 34 inches. Frost free days range from 124 to 160 days. Elevation above sea level ranges from 800 to 1200 feet- GEOGRAPHICALLY ASSOCIATED SOILS: The Atkinson Faxon Joliet and Rockton soils. Atkinson soils have bedrock at depths of 40 to 60 inches. Faxon and Joliet soils are poorly drained. Bedrock begins at depths of less than 20 inches in the Joliet soils and at depths of 20 to 40 inches in the Faxon soils. Rockton soils have argillic horizons and bedrock at depths of 20 to 40 inches. DRAINAGE AND PERMEABILITY: Somewhat excessively drained. Surface runoff is slow or medium. Permeability is moderately rapid. USE AND VEGETATION: Most of this soil is in pasture, but some is cultivated. Corn and soybeans are the main crops. Native vegetation is tall grass prairie. DISTRIBUTION AND EXTENT: Southern Minnesota and northern Iowa. Inextensive- MLRA CE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Rice County, Minnesota, 1971. REMARKS: Diagnostic horizons and features recognized in this pedon are: Mollie epipedon - from the surface of the soil to a depth of 11 inches (A and AB horizons); cambic horizon - the zone from 11 to 18 inches; lithic subgroup - lithic contact at 18 inches; odic moisture regime. This soil was mapped with limestone, igneous and metamorphic bedrock. With this revision, it is restricted to limestone bedrock only. The Bechyn series was established for areas of igneous and metamorphic bedrock. ADDITIONAL DATA: Refer to MAES Central File Code No. 1070 for results of some laboratory analyses of the typical pedon. Soil Interpretation Record number MN0058. National Cooperative Soil Survey U.S.A. LOCATION DICKMAN MN +IA WI Established Series Rev. KAC- ROP- ELB -KDS 2/98 DO B The Dickman series consists of very deep, somewhat excessively drained soils that formed in glacial outwash or eolian materials consisting of a loamy mantle and underlying sandy sediments. These soils are on outwash plains, valley trains, stream terraces and deltas. They have moderately rapid permeability in the mantle and rapid permeability in the underlying sediments. Slopes range from 0 to 18 percent. Mean annual precipitation is about 28 inches. Mean annual temperature is abut 48 degrees F. TAXONOMIC CLASS: Sandy, mixed, mesic Typic Hapludolls TYPICAL PON: Dickman sandy loam with a convex slope of 1 percent on a glacial outwash plain in a cultivated field. (Colors are for moist soil unless otherwise stated.) Ap - -O to 9 inches; black (10YR 2/1) sandy loam, very dark gray (10YR 3/1) dry; weak fine granular structure; very friable; slightly acid; abrupt smooth boundary. A - -9 to 11 inches; very dark brown (IOYR 2/2) sandy loam, dark grayish brown (1OYR 4/2) dry; weak fine subangular blocky structure; very friable; moderately acid; clear smooth boundary. (Combined thickness of A horizons is 10 to 20 inches) w1 - -11 to 18 inches; brown (IOYR 4/3) sandy loam; weak fine subangular blocky structure; very friable; few faint clay films on faces of peds in lower part of horizon; about 2 percent gravel in lower part of horizon; moderately acid; clear smooth boundary. (3 to 12 inches thick) 2Bw2 - -18 to 36 inches; dark yellowish brown (10YR 4/4) sand, grading to yellowish brown (10YR 5/4) in the lower part; single grain; loose; moderately acid; gradual smooth boundary (7 to 24 inches thick) 2C - -36 to 60 inches; light yellowish brown (IOYR 6/4) fine sand; single grain; loose; moderately acid. TYPE LOCATION: Hennepin County, Minnesota; in western suburbs of Bloomington; 2320 feet east and 2580 feet north of the southwest corner of sec. 31, T. 116 N., R. 21 W.; USGS Eden Prairie quadrangle; lat. 44 degrees 48 minutes 41 seconds N. and long. 93 degrees 23 minutes 22 seconds W., NAD27 RANGE IN CHARACTERISTICS: Depth to free carbonates is 30 inches or more. The loamy mantle is 12 to 20 inches thick. Gravel of mixed lithology range from 0 to 10 percent by volume in the loamy mantle and 0 to 15 percent in the sandy substratum. The mollic epipedon is 10 to 20 inches thick. The Ap or A horizon has hue of l OYR, value of 2 or 3, and chroma of 1 or 2. It is coarse sandy loam, fine sandy loam, or sandy loam. It is slightly acid or moderately acid. AB horizon is present in some pedons. Colors and textures are similar to those of the A and Bw horizons. The Bw horizon has a hue of I OYR or 7.5YR, value of 3 or 4, and chroma of 3 or 4. It is coarse sandy loam, fine sandy loam, sandy loam, loamy coarse sand, loamy sand, or loamy fine sand. The 2Bw horizon has hue of l OYR, 7.5YR, or 2.5Y, value of 4 to 6, and chroma of 2 to 4. It is loamy sand, loamy fine sand, fine sand, coarse sand, or sand. It is moderately acid to neutral. 2BC horizon is present in some pedons. Colors and textures are similar to those of the 2Bw and 2C horizons. The 2C horizon has hue of 7.5YR, l OYR, or 2.5Y, value of 4 to 6 and chroma of 2 to 4. It is coarse sand, sand, or fine sand. It is moderately acid to slightly alkaline. Some pedons have C horizons that are stratified. COMPETING SE S: These are the Anthon, Buckney Burkhardt and Estherville soils. The Anthon (T) soil is not currently in the OSD file. Buckney soils have free carbonates above a depth of 24 inches. Burkhardt soils average over 15 percent rock fragments in the lower half of the series control section. Estherville soils have free carbonates above a depth of 30 inches. GEOGRAPHIC SETTING: These soils have plane or convex slopes with gradient of 0 to 18 percent on outwash plains, deltas, stream terraces and valley trains. They formed in a coarse -loamy mantle and underlying sandy substratum. The sediments are glaciofluvial or eolian in origin. Mean annual temperature is about 45 to 50 degrees F. Mean annual precipitation is about 24 to 32 inches. Frost free days range from 110 to 172. Elevations above sea level range from 700 to 1600 feet. GEOGRAPHICALLY ASSOCIATED SOILS: These are the Spa Lernond and Hanska soils. The excessively drained Sparta soils are on higher lying or more sloping terrain. The poorly drained Lemond and Hanska soils are on nearby lower lying terrain. DRAINAGE AND PERMEABILITY: Somewhat excessively drained. Permeability is moderately rapid in the mantle and rapid in the substratum. Surface runoff is low to medium. USE AND VEGETATION: Mostly cropped to corn, soybeans, small grains, and forage crops. The native vegetation was prairie grasses. DISTRIBUTION AND EXTENT: South - central Minnesota, Iowa, and Wisconsin. Moderately National Cooperative Soil Survey U.S.A. LOCATION ESTHERVILLE MN +IA Established Series Rev. AGG -KDS 6/97 The Estherville series consists of very deep, somewhat excessively drained soils that formed in glacial outwash sediments, which consist of a loamy mantle and underlying sandy and gravelly sediments. They are on outwash plains, stream terraces, valley trains, and kames. They have moderately rapid permeability in the upper part and rapid or very rapid permeability in the underlying sediments. Slopes range from 0 to 70 percent. Mean annual precipitation is about 28 inches. Mean annual temperature is about 46 degrees F. TAXONOMIC CLASS: Sandy, mixed, mesic Typic Hapludolls TYPICAL PE DON: Estherville sandy loam with a plane slope of about 1 percent on a glacial outwash plain in a cultivated field. (Colors are for moist soil unless otherwise stated.) Ap - -O to 7 inches; black (I OYR 2/1) sandy loam, very dark gray (I OYR 3/1) dry; weak fine subangular blocky structure; very friable; moderately acid; abrupt smooth boundary. A - -7 to 13 inches; very dark gray (I OYR 3/1) sandy loam, dark grayish brown (1 OYR 4/2) dry; weak fine subangular blocky structure; very friable; few tongues and channels of black (1 OYR 2/1) and very dark grayish brown (I OYR 3/2); moderately acid; gradual wavy boundary. (Combined thickness of A horizon is 7 to 20 inches.) w1--13 to 18 inches; dark yellowish brown (10YR 4/4) sandy loam; dark brown (10YR 3/3) on faces of peds; weak coarse subangular blocky structure; very friable; about 5 percent gravel; slightly acid; clear wavy boundary. (3 to 9 inches thick) 2Bw2 - -18 to 23 inches; dark brown (7.5YR 3/4) loamy coarse sand; single grained; loose; about 10 percent gravel; slightly acid; abrupt smooth boundary. (0 to 15 inches thick) 2C - -23 to 60 inches; grayish brown (1 OYR 5/2), yellowish brown (I OYR 5/4) and (I OYR 5/6) gravelly coarse sand; single grain; loose; about 15 percent gravel; strongly effervescent; slightly alkaline. TYPE LOCATION: Steele County, Minnesota; about 7 miles south and 5 miles west of Owatonna; about 1,120 feet west and 160 feet north of the southeast comer of sec. 11, T. 106 N., R. 21 W.; USGS Hope quadrangle; lat. 43 degrees 59 minutes 37 seconds N. and long. 93 degrees 18 minutes 35 seconds W., NAD27. RANGE CHARACTERISTICS: Depth to free carbonates is 12 to 40 inches. The loamy mantle is 10 to 20 inches thick. The thickness of the mollic epipedon ranges from 7 to 20 inches. The content of rock fragments range from 0 to 15 percent by volume in the loamy mantle and 10 to 35 percent in underlying sediments. Some pedons have over 35 percent gravel in the substratum. Rock fragments commonly are 2 to 5 mm. in size and of mixed lithology. The Ap or A horizon has hue of 10YR, value of 2 or 3 and chroma of 1 or 2. It is sandy loam, coarse sandy loam, or loam. It is neutral to moderately acid. The Bw horizon has hue of 10YR or 7.5YR, value of 3 or 4, and chroma of 3 or 4. The ped exteriors are commonly one unit lower in value and chroma. The Bw horizon is sandy loam, coarse sandy loam, or loam averaging less than 18 percent clay. It is moderately acid to neutral. The 2Bw horizon has hue of l OYR or 7.5YR, value of 3 or 4, and chroma of 2 to 4. It is loamy coarse sand, coarse sand, loamy sand or sand. It is moderately acid to neutral. The 2BC when present, has hue of l OYR or 2.5Y, value of 3 or 4 and chroma of 2 to 4. It is loamy coarse sand, coarse sand, loamy sand or their gravelly analogs. It is slightly acid to slightly alkaline. Some pedons have 2Bk horizons. The 2C horizon has hue of l OYR or 2.5Y, value of 4 to 7 and chroma of 2 to 6. It is coarse sand or sand or their gravelly analogues. Thin strata of medium and fine sands and discontinuous strata containing gravel or fragments of shale are in some pedons. The 2C horizon typically is calcareous throughout, but the upper few inches are leached in some pedons. It is neutral to moderately alkaline. COMPETING SE S: These are the Buckney Burkhardt and Dickman series. Burkhardt soils are not calcareous in the C horizon above 40 inches. Buckney and Dickman soils do not contain gravelly textures above a depth of 40 inches. GEOGRAPHIC SETTING: Estherville soils have plane or convex slopes ranging from 0 to 70 percent. They formed in sandy and gravelly outwash on broad outwash plains, stream terraces, valley trains, and on kames in glacial moraines. Mean annual temperature is about 45 to 55 degrees F. Mean annual precipitation is about 25 to 36 inches. The frost free days range from 124 to 190. Elevation above sea level ranges from 700 to 1600 feet. GEOGRAP111CALLY ASSOCIATED SOILS: These are the Hawick Linder Biscay and Mayer soils The excessively drained Hawick soils primarily are on steeper slopes. The somewhat poorly drained Linder soils are on nearby lower lying or less sloping terrain. The poorly drained Biscay and Mayer soils are on nearby lower lying terrain. The Salida Cylinder Hanska Lemond and Talcot soils are associates in some places. DISTRIBUTION AND EXTENT: South - central Minnesota and north -central Iowa. The series is of large extent. SERIES ESTABLISHED: Jackson County, Minnesota, 1923. REMARKS: Family classification changed to agree with pedon, data on interpretation sheet, and dominant condition in most recently correlated counties. Diagnostic horizons recognized in this pedon are: mollic epipedon -the zone from the surface to 13 inches (Ap and A horizons); Iambic horizon -the zone from 13 to 18 inches (Bwl horizon); udic moisture regime. Competing series not updated on this revision. National Cooperative Soil Survey U.S.A. USDA-NRCS National Soi . rvey Center SOIHS Photo Gallery DQMV SUBOMMS Rp AZut,,U, A" W tiParYLS U SDA- C USDA-NRCS Nadonal Soil Survey Center Soils Photo GaHery 1&11411111 fllt) E M 1762 MI M 2000 Traffic Volumes 2 MI. O ` 2 MI. 4 MI. 0 I lIffi li 0 INTERSTATE TRUNK HIGHWAY............ 35 U.S. TRUNK HIGHWAY............ 10 STATE TRUNK HIGHWAY ................. a COUNTY STATE AID HIGHWAY....... 23 COUNTY ROAD ......................... II FULL INTERCHANGE ............... HALF INTERCHANGE .................... VOLUMES 1 t HCADT 04/26/2002 02:11:54 PM h:\104g-000\CAD\fig-4.dp �= o I � I I E PRIOR LAKE 16000 F u J O O 11500 4 .1 I Ic m �v o � � a o_ S �S W m X o O N O • z Z m �� o < • co rno. C • • • e 111 I t' ft -.t �= o I � I I E PRIOR LAKE 16000 F u J O O 11500 4 .1 I Ic m �v o � � a o_ S �S Z R. ` n Y C. � n C y n C n m m W m X o O N O • z Z m �� o < • co rno. C • • • Z R. ` n Y C. � n C y n C n m m c O O �s 0 +` W m X o O N O �r z Z m �� o < co rno. C c O O �s 0 +` Photographs Loucks Associates Cultural Resources Report Lenzmeier First Reunion Landmarks Lost Archaeological, Historical, and Architectural Resources Maps and Reports Parks, Recreation Areas, and Trails Scott County Aggregate Map m wilrimrMt- gwsmjg� ": Typical view north from site Typical view ®f site from former STH 169 Typical view of damage to structure Typical view of structure on site Typical view from the house on the site Typical view of site from former STH 169 Typical view of the south side of structure. View south side of structure. 5. Typical view of south side of structure. Typical view west side of structure Note 1890 addition and 1930 addition, also vandalism - ?W) I f�nluck t. Juicc Minneapolis. 55 March 28, 2002 Mr. Paul Brandt EarthTech of Minnesota, Inc. 16 S 5 Avenue East PO BOX 122 Melrose, MN 56352 Ccl - 63.424.5 ra. lo Lick, mclagan. kIrIld u;an. Re: Shakopee EAW — Cultural Resources Dear Paul; It was a pleasure meeting you last Friday. Thank you for the tour of the project area. We got a good sense of the building and its condition. Attached are the responses for sections 25 and 31 regarding cultural resources. I have included several pages of figures to be incorporated into the EAW. I am also sending along a copy of the National Register documentation of the Lenzmeier House for your files. Thanks Paul. I hope we have an opportunity to work together again soon. Sincerely, LOUCKS ASSOCIATES r Ic ";L i 1 Teresa Halloran Archaeologist Amanda Gronhovd Architectural Historian Archaeology Current condition of the Lenzmier House, March 2002. View of the front of the house. Current condition of the Lenzmier House, March 2002. View of the north side of the house. Side porch of the Lenzmier House, March 2002. Note the amount of topsoil that has been removed. r View of the south side of the Lenzmier House, March 2002. Various views of the destruction of the inside of the Lenzmier House -1895 addition, photos taken March 2002. View in front of the Lenzmeier house. View in front of the Lenzmeier house. 1 IN REPLY REFER TO: nitea States Department of the anterior HERITAGE C=ONSERVATION AND RECREATION SERVICE WASHINGTON, D.C. 20240 - r ) l The Director of the Heritage Conservation and Recreation Service Chris Therral Delaporte is pleased to inform you that the historic property listed on the enclosed sheet has been nominated by the State Historic Preservation Officer responsible for your State's implementation of the National Historic Preservation Act of 1966, P.L. 89 -665 (80 Stat. 915), as amended. It has accordingly been entered in the National Register of Historic Places. A leaflet explaining the National Register is enclosed.for your information and convenience. Enclosures ENTRIES IN THE NATIONAL REGISTER STATE MINNESOTA Date Entered J Name Location Scott County Multiple Resource Area Scott County (Partial Inventory) Also Notified Honorable David F. Durenberger Honorable Rudy Boschwitz Honorable Thomas M. Hagedorn For further information, please call the National Register at (202)343 -6401. nd ex to Scott County Nominations 1. Bisson House, St. Lawrence Township. 2. Coller House, Shakopee 3. Early Shakopee Residences, Shakopee 4. Episcopal Church of the Transfiguration, Belle Plaine 5. Foss and Wells House, Jordan 6. Hooper- Bowler - Hillstrom House, Belle Plaine 7. Jordan Brewery Ruins, Jordan 8. Jordan Historic District, Jordan 9. Kajer Farmstead, New Market Township VOO'lfl.. Lenzmeier House, Jackson Township 11. Merchants Hotel, Shakopee 12. Mudbaden Sulphur Springs Co., Sand Creek Township 13. New Market Hotel and Store, New Market 14. Reis Block, Shakopee 15. St. Mary's of the Purification, Church Complex, Marystown 16. Strunk - Nyssen House, Jackson Township Previously listed in the National Register: Shakopee Historic District, Shakopee (4- 11 -72) l � 690 Cedar Street, St. Paul, Minnesota 55707 . 672 - 296 -2747 June 5, 1980 Mr. and Mrs. John L. Weidt 301 Court Chaska, Minnesota 55318 Dear Mr. and Mrs. Weidt: RE: Lenzmeier House State Highway 300 Jackson Township Minnesota I am pleased and honored to congratulate you upon the entry of your property on the National Register of Historic Places. The National' Register, as you know, is a listing of districts, sites, and buildings considered to be worthy of preservation. Placement of your property on the National Register makes it eligible for federal grants -in -aid for restoration and preservation work. A leaflet describing the National Register program and specifically the grants -in -aid program is enclosed. If you have any questions con- cerning this grant program please contact Mr. Henry Harren at 612 - 727 -2550. One consequence of National Register listing not explained in the leaflet is that certain categories of properties listed on the National Register are subject to certain benefits and provisions of the federal income tax code. The enclosed fact sheet, "The Tax Reform Act of 1976, was prepared by the National Register office to explain generally these provisions. Anyone considering the bearing of these provisions on his or her particular circumstances should consult with legal counsel. Founded 1849 ^ The oldest institution in the state Mr. and Mrs. John L. Weidt Page 2 By recognizing the significance of your property and planning for its preservation you are participating in a national movement which aims to preserve, for the benefit of future generations, our cultural heritage. Again, congratulations on your receiving this important designation. Sincerely, Nina Archabal Deputy State Historic Preservation Officer Enclosures: are mailed t9 the owner - only --- = National Register Brochure Grants -in -Aid Brochure Tax Reform Act Brochure National Register Form cc: Scott County Board of Commissioners Courthouse Shakopee, MN 55379 Judge John Fitzgerald Scott County Historical Society P. 0. Box 275 Shakopee, MN 55379 Note: These changes apply to Lenzmeier House in Scott County, Minnesota. REFERENCE NUMBER: 80002170 STATE: MINNESOTA COUNTY: Scott RESOURCE NAME (HISTORIC): Roehl- Lenzmeier House CITY: VICINITY OF: Shakopee ADDRESS: Mn. Hwy. 300 CERTIFICATION DATE: REMOVED DATE: COMMENTS: rh 0-4 JUN 1 7 1988 Nina M. Archabal Date State Historic Preservation Officer m"'INNESOTA HISTORICAL SOCIETY #FOUNDED I N 1849 James J. Hill House, 240 Summit Avenue, St. Paul, Minnesota 55102 . (612) 296 -8205 April 22, 1980 Mr. John Weidt 301 Court Chaska, MN 55318 Dear Mr. Weidt: The American Farm: A Photographic History is currently on exhibit at the Minnesota Historical Society. The exhibit documents farming in America. In conjunction with this exhibit, the State Historic Preserva- tion Office and the Minnesota Historical Society Education Division have prepared a visual dictionary entitled, Minnesota Farmscape: Looking at Change. Much of the information and many of the photographs were drawn from our recent county surveys of historic structures. I thought you would enjoy seeing that we pictured the Lenzmeier House (page 4) in our guide. I hope you enjoy reading the brochure and perhaps find time to visit the exhibit at the Minnesota Historical Society. Sincerely, Britta Bloomberg Research Historian /Survey State Historic Preservation Office (612) 296 -0101 BB /sl Encl. FHR-& 300 (11-7e) .. United States Department of the Interior Heritage Conservation and Recreation Service or HORS use only H istoric National Register of r eceived 'a 1' i 1 L �p b•'" - c.wr.e.:f .ui&u`SJ,w...a. :.:.0 See instructions in How to Complete National Register Forms Type all entries — complete applicable sections 1 . Name historic Lenzmeier House and /or common 2 Location street & number State Highway 300 — not for publication Shakopee city, town Jackson Township . vicinity of congressional district Second state Minnesota code 22 county Scott code 139 3 . %Classi Category Ownership Status Present Use _ district — public X occupied _ agriculture museum building(s) X private — unoccupied commercial park structure — both — work in progress — educational private residence site Public Acquisition Accessible _ entertainment _ religious object — in process — yes: restricted — government — scientific being considered — yes: unrestricted —industrial _ _ transportation X no =_ _ military — other: 4 . Proper name Mr. Mrs. John L. Weidt street & number 301 Court city, town Chaska — vicinity of state Minnesota 55318 5. Location of Legal D courthouse, registry of deeds, etc. Recorder's Office, Scott County Courthouse street & number 428 South Holmes city, town Shakopee state Minnesota 55379 �' 1'S� xi S - Statewide Survey of Historic title Dori „rrac has this property b een determined elegible? —yes — n D date depository for survey records Min nesota Historical Soci city, town St. Paul federal X state —county —local -- 240 Summit Avenue -Hill House s tate Minnesot 55102 7. Description Condition Check one Check one _ excellent — deteriorated — unaltered X original site X good — ruins altered _ moved date fair — unexposed Describe the present and original (if known) physical appearance The Lenzmeier House is located just west of Shakopee off of State Highway 169, Scott County's principal north -south transportation link, in the northwest quarter of section 11, Jackson Township. The house faces north towards State Highway 300 (the rear of the house is visible from Highway 169). The house is located on a small farmstead surrounded by dispersed dwellings. The area is rapidly developing, and most of the surrounding buildings are of recent construction. The two sections of the house were constructed ca. 1860 and ca. 1895, and the appearance is that of two adjoining buildings. The first house is a two story section of rubblestone construction with two interior end chimneys. It has a rectangular plan, three bays across and two bays deep, with a gable roof. The windows are rectangular with simple white wood trim: they are double hung, six over six lights. Doors occupy the central bay on the street facade on both floors. A small porch supported by columns decorates the entryway. The front door is framed by side and transom lights. The one and one half story red brick section located at the west end of the stone structure was constructed ca. 1895. The one story screened porch across the front of the brick section is supported by columns and has a hip roof. The main entry to the house is now through the porch. A large window with-a stained glass panel is located west of the door. Small one room brick and frame additions are also located at the rear of the building. A small white frame out - building of early construction is located northeast of the house. A barbed wire fence separates the house and yard from the rest of the farmstead and the surrounding area. The house is currently occupied by the family who leases and operates the adjoining farm. retains a significant degree of design-integrity. n Y Significance •; Period Areas of Significance Check and justify below prehistoric — archeology - prehistoric _ community planning _ landscape architecture— religion 1400 -1499 — archeology- historic conservation _ law — science 1500 -1599 X agriculture — economics — literature — sculpture — 1600 -1699 __X- architecture — education — military social/ _ 1700 -1799 — art — engineering — music humanitarian X 1800 -1899 — commerce _% exploration /settlement _ philosophy — theater _ 1900- — .communications — industry — politics /government _ transportation invention other (specify) Specific dates ca.1860 /ca. 1895 Build /Arch Statement of Significance (in one paragraph) The Lenzmeier House is significant as a well - preserved farmhouse clearly associated with a principal Scott County settlement pattern. It is also significant for its distinctive construction of local materials and vernacular design. The house was built by Hubert Roehl, a German immigrant who homesteaded the property in 1860. The two sections of the house visually record the evolution pattern of the original claims. Each of Roehl's five children received a portion of the original homestead: Clara Roehl, who married Martin Lenzmeier from nearby Marystown, became the owner of the property on which the stone house was located when the estate was divided. The Lenzmeiers added.the brick section-of the house ca. 1895; it is uncertain whether they built the - house on its present location or moved it there -from another location. - Many- sectioned farmhouses are common in Scott County; they picture the primary evolution pattern of the - original homesteads, wherein later generations continued to use older buildings, adapting them to suit their needs. The Lenzmeier House is the county's best - preserved example of this settlement pattern. The present owners have plans to restore the house and utilize the stone portion for architectural studios. Restoration plans include experimentation in energy conservation for historic buildings. The present tenants - will continue -- to live in the brick- portion and farm the adjoining property. Major Biblio& aphical R eferencel Minnesota Census, 1870. Scott County Recorder's Records. 1 Geographical Acreage of nominated property less than 1 Quadrangle name Shakopee UMT References A 15 14 636 141915191317101 Zone Easting Northing C 1 I I I I I I I I I I I I I I I El I I I I 1L111 I IIIIIII G WLW I I I I I I I I I I I I I I Quadrangle scale 7. BI Zone Easting ® W I I I ,LJ FW L I I I HLW I 1J 1 1 J Verbal boundary description and justification Begin at a poinC bn the north side of Trunk Hwy. 300 where the' road "''crosses the east line of the NW4 of Sec. 11 T115N, R23W commence west 240 North 290' and then W3520 305' to point of beginning; thence E15 N 140' thence E140 5175', thence W230 N125', thence List ail s a es �an�d coun iesor properties overlapping state or county boundaries state code county code state code county code 1 . F or m P repare d name /title Britta Bloomberg, Research Historian - Su organization -_ Minnesota Historical Society -SHPO _ date - July-7-1979 - - street & number - - 240 Summit Avenue -Hill House telephone . = (612) 296 - 0101 city or town St. Paul s tate Minnesota 55102 12. State Hi storic ser vation Office The evaluated significance of this property within the state is: national —state X local - As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89- 665), 1 hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the Heritage Conservation and Recreation Service. State Historic Preservation Officer signature Russell W. Fridley title State Historic .Preservation _Officer date --- v l f For HCRS use only s >t sg r� r 1 hereby certify that this property is Included In the National Register, egister ..date Keeper of the National Register ti y _..� ,_ '~� - i! £ !. .date ` a__ .• Attest '"!l .` . -+�" `i S ' K �"L =' � t^ -^''�t •. "C� c +ts -rs. Chief of Registration 0 v C7 ``` E CO X �� Ik��!M. I L r�� 1 < II I •- II - 0 v C7 ``` E CO X �� Ik��!M. I L r�� 1 < II O _ I •- II - Ln ty ::F m Ln m rt o m - N '0 N v rn m c cD Ln M m 7' W ti - 11 ti j co P13 x O 0 y � m �• G � m �• O In In -F-- cn m Cn 4-- c lip n �D n O In O In O G U3 w rr rr m 4 r3 o n o n 0 0 r rr In M m :3 Ln "I m 1 00 m m O .4 1-11 r�� 1 SAI AGE 8.4 Mi. (EDEN RAIRIE) 1 0 10 MI. VrO MINN. 13 °: j j 7373 SW co cn xw ? ? t fD UiiH � Ln P3 r v 03 x � I x "- — 'v \ 0i �� room: .- m 'O 1i N'O 4 C w 4-1 (1) b W In M m :3 Ln "I m 1 00 m m O 00 m m 0 v,n- o Oct CD m a' v 11- w 00 m m rT Ln ti Co Wn n Ln : co Ln: 0 can x CO p �(D ., m �(D COD .. rl' �cD 4 ti V] ,� (n m M V] F cn � Cn rn o .o f7 rn o tO n m o O rT ON m O rT cn Sr� ��IL O MI rr SIR .�i .�l l4'•�Tr�L` rr to rr o a. o n m o C) Ln o 0 0 0 0 o rt rr rat �i SAI AGE 8.4 Mi. (EDEN RAIRIE) 0 10 MI. VrO MINN. 13 °: j j 7373 SW co cn xw ? ? t fD UiiH � Ln P3 r v 03 x � I x "- — 'v \ 0i �� room: .- m 'O 1i N'O 4 C w 4-1 (1) b W In M m :3 Ln "I m 1 00 m m O 00 m m 0 v,n- o Oct CD m a' v 11- w 00 m m rT Ln ti Co Wn n Ln : co Ln: 0 can x CO p �(D ., m �(D COD .. rl' �cD 4 ti V] ,� (n m M V] F cn � Cn rn o .o f7 rn o tO n m o O rT ON m O rT cn O rr O MI rr rr H. rr to rr o a. o n m o C) Ln o 0 0 0 0 o rt rr rat 20 January 1995 Ms. Robin Greer Blessing & Associates 4209 Raleigh Avenue South Saint Louis Park, Minnesota 55416 Dear Ms. Greer: Thank you for the opportunity to discuss your proposed rehabilitation work for the Roehl- Lenzmeier House (aka Weidt Farmhouse) on State Highway 300 in Jackson Township, a property listed on the National Register of Historic Places. Based upon our discussion and materials presented for my review, I feel that the proposed work meets the Secretary of the Interior's Standards for Rehabilitation. I have placed the schematic floorplans in the property file for future reference, if necessary. If I can be of further assistance in this matter, please feel free to contact me. Respectfully, Charles W. Nelson Historical Architect State Historic Preservation Office loost lira ` i FIA ;E 722 41 JUNE 19,1983 N This booklet contains the data about LENZMEIERS as promised. The data is in- complete and contains some inaccuracies. We hope nobody will be upset by them. The crest is vintage 1982 and depicts a budding plant to connote Spring ( Lenz) , a milk can for dairy farming ( Meier ), the cross referring to the staunch faith of the family, while the crossed swords sug- gest the family's service to country. The motto means, "Let there be truth though heaven might fall." At this point I want publicly to acknow- ledge the contribution to this project of my wife Dotty. Without her,support, counsel and loving care this project would never have gotten off the ground. Thanks to all who responded to the ques- tionaire, who wrote letters, who called, or who furnished information, photos, and /or advice. Thanks to the following patrons (in alpha- betical order) who sent donations of cash to defray expenses such as stationery, po- stage and printing, gasoline, long- distance calls, film and print processing and what- not: Ann Borgstrom Kathy Creighton Mildred Huber Ann Ledford Cyril G. Lenzmeier Frank Lenzmeier (Continued on back cover.) Rear, 1. to r.: Henry, Casper, Frank and Martin. The eight sons of Stephan and Elizabeth Lenzmeier. Front row, 1. to r.: John, Christian, Conrad, Nicholas. The Orighis of The Lenzineiers by Kenneth L. Lenzmeier Stephan and Elizabeth Lenzmeier This is the story of the Lenzmeier beginnings as it was related to me. Before I became involved in this research, many others had been long gathering in- formation from which I have merely pieced together what you are now reading. The family's foreign scholar was Edmund C. Lenzmeier of St. Cloud, Minnesota, now deceased. Ed Lenzmeier was a professor for the University of Minnesota, County Agent for Stearns, and was sent over to ® Austria and Germany after World War II as an agricultural expert. While in Europe Ed tracked down our ancestors and found out most of what we now know about our old- country origins. Another long -time historian is Mildred Heller Huber of St. Paul. Betty Lou Peterson of Bloom - ington composed a rather complete history, and Frank and Marjorie Lenzmeier of Wahpeton, North Dakota have researched the subject long and deeply. Betty Robinette of Shakopee is another history buff and was of particular help in the com- pilation of certain facts for this writing. To all of these people we owe thanks for what we know. We hope that some of the gaps, missing pieces of information, and corrections may be sup- plied by others reading this account. And much is missing. Unfortunately the main characters in this plot kept no records of their own so that most of what follows is hearsay. We are aware that the recollections of people are notoriously faulty. Memory fades and tales passed down from ancestors to descendants become gar- bled. We see this in the stories of the New Testa- ment written by four individuals who often disagreed about details of the same story. Thus it _is not remarkable that this tale suffers from gaps and inconsistencies. With this understood, let us begin. UR FIRST records start in Paderborn, Ger- many. It wasn't Germany as we now know it. Two centuries ago the German - speaking people were ruled by various princes and dukes of such places as Prussia and Bavaria. Germany did not exist as a na- tion. The city of Paderborn was in the Province of Hannover, State of Westphalia and was under the King of Prussia at that time. And it was in 1788 that Martin Lenz was born in or near Paderborn. He was Catholic and a farmer and at the appropriate time he married Anna Katherine Kremmer. On June 22, 1820 a son Stephan was born in Anreppen (or Entreppen) and in 1823 a daughter Katherine Elizabeth came into the world. We know of no other children in the family. In 1848 -49 there was a people's revolution in Prussia. Germany was still emerging from the mid- dle ages while in France and America democracies had already been born. The German pholosopher Goethe in 1827 had written, "America, du hast es besser als under Kontinent (America, you have it better than our continent) ". Great unrest continued from year to year: each time it looked as if the rulers were about to grant some freedom to the peo- ple, events seemed to happen to change the situa- tion. In Prussia there was a restricted voting fran- chise by which two- thirds of the votes were held by those citizens whose taxes were rated in the highest groups, while only one -third of the votes were held by the poorer people who made up the majority of the population. Five hundred thousand Germans emigrated to the United States during these years. Karl Schurz, father of American public school education, left Germany about this time. And about this time a contingent of peasant farmers from Anreppen left for the new world, including Lenz and Gerdesmeier families. Tradition has it that Anna Katherine Lenz came to America with son Stephan and daughter Katherine Elizabeth. It is assumed that Martin Lenz had died, his death possibly hastened the decision by his survivors to leave the Vaterland. In those days immigrants entered the United States through New York City, Baltimore and New Orleans. We do not know which port the Lenz family used, nor what kind of transportation was used to get to East St. Louis, Illinois. But St. Louis, Missouri was at the end of the railroad. We know only that Stephan and Katherine turned up in St. Louis no longer called Lenz, but Lenzmeier. Stephan now married a very young Maria Theresa Elizabeth Gerdesmeier, who was later known simp- ly as Elizabeth. The date of her birth was April 9, 1835. Many questions surface here. When did these people leave Germany and exactly why? Did Anna Lenz also come to America and if so when and where did she die? When did Stephan marry Elizabeth and where, in Germany or Illinois? Why was there such an age discrepancy between them? In a history of the Bohls family by Mary Lou Hasson she writes that she checked the St. Clair County, Ill. 1840 Federal census and found " ... a record for Francis Lenzmeier. It listed a wife, 2 children (males) under 5 years, I child (male) 10 to 14 years, 1 person (male) 20 to 29 years and 1 per- son (female) 30 to 39 years." This is information which does not seem to fit in anywhere and might prove a challenge to some future Lenzmeier historian. The big question of course is how and why did the name Lenz become Lenzmeier? By this time both Stephan and Katherine called themselves Lenzmeier. Various historians have held forth the following theories. The reader may choose a favorite. Theory number one is that Stephan was fleeing trouble in Germany and simply changed his name to cover his tracks. Perhaps he was avoiding military conscription. Another theory is that he was required to answer the one -two questions of Name? Occupation? so often by American authorities and he would answer "Lenz" and "Meier" (dairy farmer) so repeatedly that he combined his name and occupation. He may have done this to set himself apart from undesirable relatives also. This would be a logical reason for Katherine to adopt the new name as well. Or there may be some truth to all of the above with Stephan combining his surname with the last syllable of his wife's. For whatever reason the change was made, it was lucky for his descendants because it simplifies their ancestry. We know we are all closely related. Katherine Lenzmeier married Karl Bohls in Beardstown, Illinois and gave birth to her first child Mary in the year 1853 in Jacksonville, Morgan County, Illinois. About 1857 Karl and Katherine left Illinois for Minnesota and settled in Scott County near Marystown. Nobody seems to have a record of the marriage between Stephan and Elizabeth. Who was the 7 1 The other version of the prospecting tale has it that Stephan went out to South Dakota after an ex- pedition under General George Custer had discovered gold in the Black Hills in 1874, causing another gold rush. In this scenario Stephan was 53 years old, Elizabeth 38, and Henry 16. Supposedly Stephan left the farm to his wife and boys and went to get rich quick. He didn't succeed. And again he reportedly fell ill away from home and had difficul- ty getting back. He did return, they say, his health broken, and died at the age of 57 of heart failure. However he was not too ill to sire another child and so Mary was born two months before his death. Incidentally the date on the headstone on Stephan's grave in Marystown cemetery (1877) is wrong. It is listed as Dec 4, 1878 in the County courthouse records. The various people who have told me these dif- fering versions of this story seem to be equally cer- tain of their sources so I mention both accounts. It is possible that Stephan went prospecting twice, making both versions true. But Stephan did die a comparatively young man two months after the birth of baby Mary (Oct 11, 1878.) It is said that his widow Elizabeth was very bitter about his death, blaming him for bringing on his own demise and leaving her to raise their large brood and run the farm even with an infant at her breast. She reportedly held up the child before his open casket and cried something to the effect of, "Here, take her with you, why don't you! How can you leave me here alone with all this responsibility and this little one too ?" Actually she did quite well, as we shall see. Now Elizabeth surveyed her situation. She was a widow at age 43 with assets of a good farm, eight sons and an infant daughter. Life must go on. Henry was 20 years old, Casper 18, Frank 16 and Martin 15 while Nick was 11, Conrad 9, Christ 8 and John 5. It takes a pretty good spread to support so many strapping boys (Henry was the biggest of the lot and was nicknamed "The Bull" for his strength.) Soon it would be time for them to leave the homestead. Elizabeth learned of a good family in Shakopee which was growing a bevy of marriageable daughters and she made an inevitable logical deci- sion. One Sunday morning, we are told, she hitched up a team to the buggy and drove the five miles to the Hubert Roehl (pronounced "rail ") farm just West of the town of Shakopee along the road leading to Jordan. Mr. Roehl, an immigrant from Luxembourg, owned a long piece of land parallel to the Minnesota River, and he also owned an overabundance of daughters. Elizabeth told the Roehls about her big, handsome boys and suggested that they had a basis for an arrangement. And so it was arranged that her sons would marry Roehl girls, at least four of them as it turned out. Thus it happened that Henry Stephan Lenzmeier married Elizabeth RoehI and Casper married her sister Celia. And here is a change in the scenario and here again are two versions of what happened. One version claims that Frank did not like having his bride chosen for him and that he left town to avoid the planned marriage. The other version has it that he went to South Dakota to look for work to earn some marrying money. He headed for Kranz - burg which was the end of the railroad line at the time and where his Aunt Katherine had moved with her new husband Matthew Hanten and her children. While staying with his cousins Fratlk met and fell in love with Mary Elizabeth Kranz, a daughter of the founder of the town. Whether he had been promised to the next Roehl daughter we do not know. We do know that he brought back Mary Kranz to Marystown and married her and later they moved back to South Dakota to begin the Dakota dynasty of Lenzmeiers. Meanwhile in due time Martin Lenzmeier wedded Clara and Nicholas married Mary Roehl. Conrad found Anna Brueggemann as his bride, Christian and Susan Deller were wed, John married Anna Friedrich and Mary finally was wooed and won by John Wampach. All the children except Frank stayed and lived out their lives in or around Shakopee. And they were all farmers with the exception of John, who worked for the railroad at one time and was a sheet -metal man by trade. The four brothers who married Roehl sisters received pieces of good land from their father -in -law's original claim along the Minnesota River. The four farms stretched in a line along what is now U.S. Highway 169. Martin's farmhouse is on the national list of historic houses and may be seen right outside of Shakopee. Conrad's farm is on the site of Stephan's original homestead and the ruins of the original farmhouse can be found there today. John Wampach was a businessman - salesman in and around Shakopee. At this point we shall stop as regards the children of Stephan and Elizabeth Lenzmeier. For more "Francis Lenzmeier" named in the 1840 census? Stephan was baptized Franciscus Stephanus, it be- ing the custom in Germany back then to latinize not only first names but last names, possibly a backlash result of the Protestant Reformation. But in 1840 Elizabeth Gerdesmeier was only 5 years old while Stephan was 20. Could she have been a second wife, marrying at the age of 16, as one record alleges? What happened to the other people mentioned in that 1840 Illinois household? So Stephan and Elizabeth began their family near East St. Louis, Illinois. Two sons were born there and died in infancy. And then on March 24, 1858 a son, Henry, was born. His descendants relate that he told of watching baseball being played across a river by men in red uniforms. Perhaps the original St. Louis Cardinals? Meanwhile other events were happening that were to shape the destinies of our struggling pioneers. In 1851 the Treaty of Mendota had been signed, opening 28 million acres of land to be set- tled West of the Mississippi starting in 1854. In 1858 Minnesota became a state. And the Homestead Act of 1862 would give 160 acreas of land to anybody who would take the land and produce a crop on it in 5 years. Perhaps induced by some of these circumstances and communications from sister Katherine in Min- nesota, in 1860 Stephan and Elizabeth came by steamboat to St. Paul from where they traveled the thirty miles or so past Fort Snelling to Louisville Township in Scott County and to Marystown. They registered their homestead in Shakopee. And in 1860 a second son, Casper, was born. One version tells us that he was born in St. Louis, while elsewhere we are told that he was born in Min- nesota. Wherever Casper was born, it required courage of 25- year -old Elizabeth who was either pregnant or carrying a newborn infant to a savage new land. Savage indeed, because in 1862 the Sioux Indians, under the leadership of Chief Little Crow, with 20,000 Minnesota men, away fighting- in the War Between the States, attacked a series of set- tlements in southwestern Minnesota in an attempt to drive out the white men. Refugees from New Ulm and elsewhere headed for Fort Snelling by the wagonloads for shelter. The uprising was short- lived and there were no more Indian threats after that. But many of those who fled never returned. Stephan established his farm near Marystown. His Gerdesmeier in -laws and others from the old country also settled nearby. The town got its name from the Church of St. Mary's of the Purification which began as a mission church of the Benedidine monastery which was then in Shakopee. As German settlers moved north to Stearns county, so these monks also moved. Near St. Joseph, Minnesota they founded a large farm and new monastery which today we know as St. John's Abbey, Col- legeville. After the Benedictines left Shakopee, St. Mary's was administered as a mission of the Franciscan Fathers of Jordan until it achieved the status of an independent parish with its own pastor. The population was German and services were held in German, later in English and German. The parish built a school very early where German was the official language and English a second language. In 1862 Frank Carl Lenzmeier was born, and in 1863 Martin came along. Nicholas was born in 1877, Conrad in 1869, Christian in 1870, John in 1873 and in 1878 the only Lenzmeier daughter Mary was born. Stephan settled his homestead and brought in crops and did fairly well, with Elizabeth every inch the heroic pioneer woman, keeping her man fed and clothed while rearing a big family. But somewhere along the line he went prospecting. And here again we have conflicting stories. Again the reader may decide which to believe. The first version has it that when the Civil War was on (1860 -1864) Stephan and his brother -in -law Karl Bohls decided to remove themselves from the possibility of being drafted for military service and went West. Or they may have gone simply to get rich quick. They say the two went out to Idaho where silver (and gold) had been discovered. Evidently they did not get rich. In fact, it was very difficult for them even to get back home, and they suffered poverty and ill health while away. A possi- ble indication that Stephan was away for a while is the gap between the births of Martin and Nicholas. To us it seems incredible that Stephan could leave Elizabeth with four small boys to run a big, raw farm for several years alone. But it may have seem- ed necessary at the time. Or it may not have hap- pened. It is noteworthy that Karl Bohls died in Marystown in 1867, leaving Katherine Lenzmeier Bohls a widow with seven children. Also interesting is the fact that his brother died within a few months as well. 1 Elizabeth with Mary and Conrad. details regarding their children and whom they mar- ried, please refer to the accompanying reverse fami- ly tree which starts with a single ancestor and branches out to many descendants (instead of start- ing with an individual and going back through his or her forefathers.) What were Stephan and Elizabeth like? Again ac- counts vary. Stephan was reputedly short in stature, blond, blue -eyed and he affected chin whiskers. Yet the only photograph known to show both Stephan - and Elizabeth together shows him as apparently tall and lanky and her as short and chunky. One of our historians as a child knew Elizabeth as an old lady and describes her as being a tall woman with long, coarse dark hair. So was she tall or short? Eye- witness says tall, photos say short. While Stephan was something of a dandy, affecting what appear to be vestpocket watches and silk neckerchiefs, Elizabeth had only one Sunday -go -to meeting outfit Stephan Lenzmeier which she used for many years for every formal oc- casion. Stephan was evidently a bon vivant, prob- bably a chance - taker, while Elizabeth was the sensi- ble conservative, shrewd with a dollar. It is said that she was worth a lot of money by time she became older. At any rate, they produced a brood of strong, hard - working offspring who in turn produced many strong, hard - working offspring, our parents and grandparents and great - grandparents. And us. At this point we shall stop, not for lack of infor- mation but for lack of time and space. Perhaps someone else will record the relationship to the present day: the information is there, kept by many diligent historians mainly for their own family lines. It would be a worthwhile task: it is impressive to read about these Lenzmeiers and their positiveness, industry and initiative: a people who typify the phrase, "backbone of America." Blaine CH ALABAMA FR -MA -HE Ft. Rucker CH ARIZONA Bloomington Mesa New Hope Phoenix NEW YORK Tempe ARKANSAS CH -HE Forrest City CO CALIFORNIA FR Alta Loma Burnsville Sacramento North Field COLORADO NORTH DAKOTA Ft. Collins NI Vail CH DELAWARE HE Newark FR IDAHO L \X Weiser Plymouth ILLINOIS Fargo Barrington !'! Great Lakes Warrensville CO KANSAS CO Lenexa FR MINNESOTA II' Andover Rochester Anoka Jamestown Apple Valley Babbitt HE Big Lake l Minot Blaine CH New Brighton FR -MA -HE Greenfield CH FR Bloomington HE New Hope FR NEW YORK Brooklyn Park CH -HE New Prague CO New York FR NI Burnsville CO North Field HE NORTH DAKOTA NI Carver CH Paynesville HE Bismark FR FR Chanhasssen CH Plymouth CH -FR Fargo £R Chaska CO Prior Lake CO Harvey FR FR Chisago City CH Rochester HE Jamestown FR Clear Lake HE Roseville CH Minot FR FR Columbia Heights FR-MA St. Cloud HE -NI Rugby FR FR Coon Rapids HE-FR St. Louis Park CH Wahpeton FR Eagan CH -HE St. Paul FR -HE-CH W. Fargo FR Elko CO Sand Creek CO Wilton FR Elk River HE Sartell HE OHIO Fairbault HE Shakopee CA- HE- MY -CH-CO Aurora HE HE Fridley MA So. St. Paul CH Lima CO Inver Grove Heights CH Stillwater HE Mansfield HE FR Jordan CO Watertown HE Shelby HE Kandiyohi HE Webster HE Westerville HE CH Kimball NI White Bear Lake CH OREGON CH Little Canada CH Willmar HE Astoria HE NI Long Lake HE Woodbury CH SOUTH DAKOTA Mahtomedi CH MISSOURI Rapid City HE HE Mankato CO Hazelwood NI TEXAS Maple Lake HE Kansas City FR Kingwood FR CH Maplewood CH Sedalia CH Ryess AFB CH HE Milaca MA MONTANA WASHINGTON HE Minneapolis HE -MA -JO Billings CH Renton FR MA * -FR-CH Great Falls NI HE Minnetonka CO-CH NEW HAMPSHIRE ALBERTA CANADA Moorhead FR Lethbridge HE By Leo Len=eier enzi eier ree oy Listed by Zip Code, then alphabetically by first name. Shen follow key letters indicating "clan ", then a number indicating Which generation from Stephan. HE HEM 1858 CA CASPE R 1860 FR FRANK 1862 MA MARTIN 1863 NI NICHOLAS 1865 CD CCNRAD 1869 CH CHRIS 1870 JO JOHN 1873 Ma MARY 1878 •S'.EEPHAN'S SISTER vmoA LE.N=-S - -R C•5 FCKAD G. SMODESSER CHS JOHN LENZME -ER CBS RODNEY LENZY.Z:ER N - P.O. BOX 1:4 228 5th AVE. SO_ 2015 DESOTO MAPLEWOOD. MN 55117 RR 1 KIMBALL, MN 55353 (3EII�•IF =I , �P 03047 Sp, S:. PAUL, 727 55075 MZC WR FR4 STEV -07 R. SC'llk'SSFR Cis KENNETH LENZMEIER CH4 PATTY KALTEN9TG HES 189 GLEZ*VOR IN. 322 W. 5 �th S:RtEI' 22C 5tf. AVE. SO. 1990 AR.KWRIGHT MAPLEWOOD. MN 55117 L124G LAKE, MN 55356 .Runs- 4 c SO. Sr. PALM, MN 55075 N3: YCIFN, NY 10019 R) GEF."AL` Min.. VALERIE (MZS_ T) SGRYPEK CHS MARL ANN (Ms. E) AAICO: HE4 DIANA (Mrs. 3013 PAYNE AVE. N. 220 S7F.10E AVE_ N_ SUE EIIE,N HES 603 H:uj=k L`1E LITTLE CANADA, MN 5511, MAPLE LAKE, MN 553 8 137 S.—=ZE Z- STII23.ATER, MN 55082 M "J(. DE - - GunnA (Mrs R) VOG FES ELSZE (Mrs. M) HOLEY HES A(DAEY (Mrs. Cl KAISER CO4 GARY '2: HE5 TE. .S AVE. 1119 DELAWARE ST. PA MINNESOTA 55118 20181 FA11;1" AVE. PRIOR LAKE, MN 55372 137 S -A^L:_ '. fffBSZESt, NN 55088 'L_ NEWARK. DE 19713 LINDA ;Mrs_ L) CEFiAR 015 JEAN (Mrs_ J) GEEHAN CH4 1FMZ5A (i25. E) ffi1Cf2I0( MLf3 CAPT. TL`L:.Y :IN 'FR FR5 996 7twAPJPA M.S. 125 McKNIGHT RD. 55115 RR 1 S AKOPNE• M4 55379 32 LOG:: S� ST. PALL. MN 55102 ST. PAUL, MDN FT. RUC7 - R. AL 36362 CHS MYRON R. R CH4 (Mrs. N) GREEN MY4 W. JAMES GEF" SR. GENTIAN RD. 999 BLUE G 305 W. 7th AVE. 30 5 DIANE LE.'_^'C."�Q HES 316 GOOD'.UE 55 EAGAN, YY 55123 S(AN(OPFE, F[7 55379 9744 S. = SA.-' FR R2 ST. PALM. MN SS1C2 W Si0;N T . CH 43001 ALLEN I.ENZMEIER HES, P1::5 t9kKIIIA �` FR3 304 4440 VZLDMLARK CT. 611 W. 7th JEFFREY S. HE5 815 W. MDYFICIPA AVE_ EAGAN, MLN 55123 SFD,12Y MN 55379 161 F.,IRX.IE ::JE ST. PALM, MN 55104 N zEST'"+vr. '_ OF 43081 FR5 BETTY K. (Mrs_ J) VNCIS BES I290 R HE4 PAM (Mrs. R) P£'�.TN 870 HILLS RD. E. SH AVE. 520 E. SF2Nn SUSAN (M7s. B) J*MERST, HES 1119 SDMVIO AVE. N, -- NOCD EAGAN, W cc123 5 SA1mPE., H7 55379 155 N. PARK ��.LTVE ST. PALL, MN 55104 ALZM., C? 44202 DOROTHY CLLRIC HE4 STE VE ES LAM R. LaraEIER M 104 DR. RI E 2041 PARK RIDGE DR. ARK NOREERT S. ZTN'CEIER HE4 202 OTIS AVE. E VALLEY, APPLE VALLEY, MN 55123 S(ANOOPFE. !44 55379 353 S. G 2. HYAD ST. PAUL, MN 55104 SHELSEY, CL 44875 T) NIGON HE5 ROGER R_ LENZMIEZER CH4 TH . HE4 1E11Y Am 0as 6825 OD RD. E 4t-h AVE. 1240 E. 4th At JUDITH E. WIIZ_ HE5 1735 JULIET URY, 55125 WOODS UR SNAIRDPEE, MN 55379 1917 RED OAK DRIVE ST. PAUL, MN 55105 .4N MANSFIELD, CL 44904 GARY CH4 JANICE (Nis_ J) HF`3S`7 CH4 PAUL H,� F� 2908 141 AVE- A'7£_ 1 4 1 825 SO ATE MARIE ( .Mrs_; ZWEBER C04 1369 JULIE. AVE. 53 ANLX7VE,Z• MN 55303 E H N A SHAIarP:f. MN 55379 2293 JUX DR :VE ST. PAM, M 55105 LIMA, CH 45204 PI H(D3ER HE3 RONALD BECKERS HE5 SHIF;L V (Mrs. F) HE4uF.NN CH4 lOILFtID (M^_ 18681 YAKI:A ST. 531 MCCEV] T JOSEPH F. 2109 PPta02H ANOKA, MDN 55303 SHAgDPE, MN 55379 R2 BCD( 44 ST_ PAUL, MN 55105 iII 54412 NEIL PETERSON HE5 L) KR S CO4 ( RkyMDND H Lnar- IIt CUT. 505O6 RR 1, BCX 6 1567 I 1 r SE 15679 W SN RCNALD Lum T Cis 1312 S0�4R AVE. BIG LAK Mff7 55309 5 9 P4ICR LAKE, MN 5537 27600 LF-F TAB Sr. PAL, MN 55105 CviSAGJ CIY, MN 55013 CLARENCE LFVZM£IER CH3 CA[DE A. LIIipffIER CA4 XOES P. IJ2ND'= CH5 15050 CO. RD. 45 1C26 CaAK RN. EVE.YNN M. 1-7[2;E R CO3 249 99th AVE. ME CARVER, x:N 55315 S01rzm, M4 55379 RR 1 BOX 66 BLADE, MH 55434 EKD, MN 55020 PCBFIS K. LEMEIER CHS DA EN (MZS. CI NAHOWALD CH4 CFM IJ2@ETER HFA 217 5th AVE. E FST=N NvC2.F:t FM 5041 HOOD AVE_ 15180 CO. RD. 45 SHAKDpEE MN 55379 24226 PAI;Y AVE. F BF71R Lm2z, MH 55110 CARVER, MN 55315 ER3, MN 55020 7HC44AS E. LENZMSEIER CH4 � �C OkM C IGCM W. LDOCIER FR4 6014 DAKOTA AVE. 14720 R) JUDY ?tLEF`0- 1T ITS 769 10th AVE. W MN 55317 m 55379 225 S.W. 4th M7 BLLG'i{AN, MN 55112 CHANHASSEN, FAnmALM:, MN 55021 EISIE (RKS. G) 004 EXEANDR Mz2PEZER HE4 DENNIS I1 A R FR< DR- VIEW DR. 13 {5 PARK VIE 134D 3rd AVE. W. JJOHN HE TER F'=5 769 10th AVE. MN 55318 S -xM M7 55379 2221 MANOR DRIVE NNW BRIGTTQN, m 55112 CHASKE, BUR SMTr, MN 55033 JAMBES LUCE 004 JEH4£ IEN:2EIFR -CO3 JAMES B. I� FR5 1215 PARALLE ST. 537 E_ 4th ST. GEF LENDIEIZ? MS 1873 TOM DRIVE MDN 55318 SHAxOpEE M7 55379 832 E. W.COLEY NO; BX21TCTN, MN 55112 CHASKA, N CRTHFIF+D. MEN 55057 CARO:. BECKERS SCHF•NZELZOUS HES JCN I S CP5 CHRISTINE (M2s. D) YOUNG Cis JAM S R IEtdE� !AS 6515 15Lh AVE_ RRT 2 CLEAR IaKE MN 55319 1761 E. �va AVE E. 55 79 gD1RQPFE, M 55379 3473 CT1324tN tII.Y E. nwm GBDvE HEIGHTS, MN 55075 N NEW BR1C2I1CIN, MN 55112 DANIELS HES LBO IZNDG ER CO4 " NEIL J� L =CEER NA4 DEBBIE BECKERS 14376 OLD BRIC1ahRD RD- E%¢R IMC2.27ZFR CN3 1299 BTGNT N SO- RR 2, BOX 82 SHAICpg, MN 55379 746 6th AVE. SO. HER BRIGH IC N, MN 55112 CLEAR LAKE, MN 55319 SO_ ST. PALL, M4 55075 RICf1ARD MARLIN SEEKERS HE5 I11iFtAIIE airs. D1 IFIiII'IFIfR CA4 DAD44SA A`N IFNa FES 19447 BAUGH ST_ NW 1426 E. 4th AVE LEO LEER CH4 1002 W. CO. RN. D 1315 RIVER. MRN 55330 Spiny E, MN 55379 2008 SO. 4th STRFEI Id17 BRIGnc N, MN 55112 ELK SO. S:. PAUL, MN 55075 C. L}2i1� FRS EIAINE (Mrs. H) NNENSMANN 004 RALPH I2NZ� C+3 HICHAE. Id.7?'Efflt CH5 �. 769 10th AVE. 13801 SHIRLEY DR. 212 W. 5 MN 55379 1134 9th AVE. SO. NEW BRIGHTON, MH 552,12 BURNSVILLE, MN 55337 _qWjqDM. SD ST. PANM. MN 55075 NARCELIA (Mrs. E) HENNEN 004 URBAN LENzHEZER HE4 C.xvz 0'N:3. L) UE NZME C(3 ROM" PASS CH4 13013 JUDICIAL RD. 237 W. SP10OPsE AVE. S AKaPEE, M4 55379 429 14th AVE. NO. 1489 19th AVE. NN NEW BRIGRI N, MN 55112 BURNSVILLE, MN 55317 SO. ST. PALM, MN 55075 DZANNE (Mrs. S) MURPHY CH4 ENIIJRID 2237dffiR, SR_ CH3 RUTH (M:s_ NN) MADDEN CO4 ANN Mrs. W) — CBS 606e STONYBROOK DR. 1--950 Nvas7cm R), St0A)CPEE, MN 55:79 141 11th AVE. SO. 2962 MA N93N ICSEVILLE MN 5511_ MINNETONKA, MN 55343 SO. ST. -PAUL, MN 55075 HEI.ENE (Mrs. S) SCHMIDT C04 LEON ILA (XW DANIEL III>ZtEIER 015 6085 W. 190th ST. 851 W_ 160th ST S S[MCESSER CH5 28 Sth NO. 1495 BFMANT AVE. JORDAN, m N 55352 SAND CREEK, M4 55379 AVE. MAHTCHMI, MN 55115 50_ Sr. PALM, iii 55075 NEIL LUCE CO4 LOUISE (Ms. R) LUCE CO3 10aHLEEN M. SCR1)ESSER CHS ��� R IJH'L�� CH4 16725 PUEBLO BLVD_ 14236 1LSN L MN 55379 556 Sth AVE_ SO 1495 6MNM AVE- JORDAN. MN 55352 S9UNUL"PF2. SO. Sr. PALM, M4 55075 M MMEDI, MH 55115 ?Q= NNTT CV4 it= S. iFAMCIER Qi. MICKEY I.ENNZMEIER NII RR 1, BOX 139 13860 TOWN LINE PATRICIA (Mfrs. TO 97arsS4u CN4 2015 DESOID KIMBALL. MN 55353 SH=PNE, MN 55379 220 5th AVE. NM. SO. ST. PALM. MN 55075 MAELJHZU, MN 55117 HELEN (ffs. E) M2DEN )E4 1041 RAISEY ST. SFAN)PE E. M4 55379 SARK) MCCN11E4 CH4 916 RAMSEY SHAFOPEE, M4 55379 BARBARA (Mrs. T) CCEWALD M RR 2 S XMIEE, R. 55379 CHARLES PASS CH4 1040 SO APGAR ST SA OXEE. MN 55379 IRFIg PASS CH3 1409 SHAKEPEE AVE. SA)tCPfl:, )44 55379 BETTY Rffs. D) ROBINETTE MY4 RR 2 SOUCOPEE MN 55379 VERA Ots. H) SAMM CH4 1.19 W. 7th AVE. SHANOM, M4 55379 CARS. Mrs. S) SPAFDL 958 S. P]EAC£ SHMEPEE. MN 55379 KMiEAL (Mrs. W) SMf=ER CA4 1831 W. 6th SHA)OJPEZ, M4 55379 ISABE L A. Ti EIS CO3 327 W. 6 SHAFDPEE, M44 55379 MATHIIra M. TfEIS 003 1511 W. 6 -fA)COPfE, IN 55379 BFR4ICZ 0WJ. R) THEISEN CK3 627 E. Cth AVE S7021PEE, MAN 5537^ II)mm (Mrs. N)TCIPEL. a4 234 MXM Sr. SHARD=, MN 55379 MAIO' (M:s- B) V0,MRACH MC3 952 E. SCOTT Sr. SHA OpEE, MN 55379 1= (Mrs. H) HUMEF KE4 NOX 335, 209 VESL`M-Zl= W ITTGO'4, M) 55388 GhM Hal-ER HE5 4728 28th AVE. S MLY7F'APOLLS, MN 55406 ERA (Efts. R) KELLY J03 2800 33 AVE_ 5 MLLDRFAPC.IS, M4 55412 CAM JEAN LFN2?= CHS 1449 LAKEVIEW AVE. S M@tZAFCLIS, M7 55416 CARL M. DUEDE 2938 rlN(XXN ST. DE M Dt�, K4 55418 BETTY (Mrs. L) IZNVEIIFR FR3 3046 ME MrK."IIEY MntgAPC3S5, MN 55418 CCPDELIA. CKhlt%N HE4 100 W. DIA21aU LAKE RD. MUZEAPOLIS, MR 55419 BETTY. LOU PLRERS'N HE4 411 E. (ED SHAKOPEE RD. SLGCMINGT,N, M) 5542C JO)ti L22raffi+ FR4 4642 NE JEFFEIWI COU1.01A HEIGhrS, MR 55421 KATHY AM Off=. S) GREEN WR5 4813 5th ME ojELa 9)IA HEIGHTS, M4 55421 TERI : - IIi CHS 7414 W. 22 Sr. ST. LCUIS PARK, MN 55426 AIVfok AFDRE54S FR4 5720 WnZ& - M AVE- N. NIES.; HOPE, MN 55428 -9" Urs. G) BACH H65 8508 49th AVE. N. 1 EDP:, MR 55428 DAVID M. LFNZME= MAS 6331 M aVM Sr. HE FR=W Y, MM 55432 iCF emp N LZN24UDI MX5 8016 19.14 Sr. HE FRIDLCY, K4 55432 Wn2MD IFNnopET R, JR. CH4 7949 DOUGLAS DR- )3FC=y4 pA)M, W 55432 CYRM G. LENzMakR H 906 as XT. N4 OCXN PAPIDS, MN 55433 GILES C. LENZMEIER HES 33 105 AVE. N4 LOQ4 RAPIDS, M4 55433 K)RIEL CLSCN FR4 3134 130 AVE. NW COQ4 PAPID6, MN 55433 ELEANOR (Mrs. R) FEAN)( HE4 8416 WINN AVE. S. M@LmTRS.IS, MN 55417 ALICE (Mrs. J) BULL C)(4 401 ZACLPRY LAM N. pLyWTH, MN 55441 CCRY J. LENZMEIER FR5 3301 CO ID 18 PL104E771H, MN 55441 KffiII' D. LP2@EEIER FR4 3655 N. 77tFNICN LANE PLMC(7DU, MN 55441 LINDX Offs. D) MA04ELL }}!ES 2649 77 BLVD. F8CCKLyN PALM, M4 55444 GAM AM HEMSO4 MA5 24 BIDdU Cr. BAB=, KL 55706 E579M RCENR HFA 227 15 AVE. SE rcaaESEER, K4 55901 707R C. IEN24 R 4120 N4 14 AVE. ROCHESTER, R, MN 55901 SR. H. JEANETTTE 003 C CO2iSF2, HILL KeaATV, MI 56001 SR. M. LEMWER CO3 O 072ism H ILL MAitOnO, M4 56001 ANTOINE TE E. iPC2>FR 0D3 712 E. MAIN M034 pRPCjE, MM 56071 iAyE LFN729 HOES 601 17FSE AVE. (41I12AR, M4 56201 JEAN (FL's_ P) HALIZEG RES RR 1 )41MDIYCHI, FAR 56251 ID BFL7a3S HE4 101 28 AVE. N. Sr. CLOCD, M4 56301 ROSE Fffs. E) IF71aIE=ER N23 RR 3 Sr. CLOUD, M4 56301 HAM BFIXIIS RES RR 5, VALLEY VIEW ST. CLOUD, M7 56301 LEE IIINMqEIFR NI4 RR 3 ST. rta I MR 56301 LINDA IZNZMEZE R N14 825 DRIFTWOC.O DR Sr. rl=, M) 56301 RENEE PAUL NI4 1128 16 AVE. SO. ST. CLOUD, MN 55301 THOMAS BECKERS HES 212 25th AVE. N. ST. CLOUD, MN 56301 THOMAS A. LENZMEIER MAS RR 3, BOX 128 MILACA, MN 56353 CRESCENTIA RRAEMER RR 3 PAYNESVILLE, MN 56362 DALE LENZMEIER HES RR 3, BOX 247 PAYNESVILLE, MN 56362 EARL LENZMEIER HE4 827 KkPLE ST. PAYNESVILLE, MN 56362 LUANNE LENZMEIER HES RR 3, BOX 247 PAYNESVILLE, MN 56362 LUELL.A HESS HES RR 3 PAYNESVILLE, MN 56362 VIRGIL LENZMEIER HE4 RR 3, BOX 247 PAYNESVILLE, MN 56362 YVC2tS Ba3mts U.PPET.IN m 811 RIVERSIDE N. SAR'If2L. )N 56377 GEM LZNZP23M FR4 1120 N. 9 1ocI7(FAD, M7 56560 .RAY VlEVFA HES 12A, CHAPEL DR. PAM CITY, SD 57701 FRANK D. LFNDSEIER FR3 316 17 AVE MUGS"RN. ND 58075 HNCED C. lJEN7Z FIER FR4 219 3 AVE. N. MWE N, MD 58075 LEE AM (ffs. P) FC(DEN FR4 320 17 AVE. N. WAF)PETC H, NO 58075 C. LEbmiErm 1628 N. 8th WNWEICN, NO 58075 ROSEMARY EEFC ,N 115 3 AVE. S. WA}PfTCN. NO 58075 ELLyN (Mrs. H) THOPSON FR4 901 MEYIIt BLVD. FAFGO, MD 58078 FR Mr. LEHVETER FR4 720 105 AVE_ W. FA=, ND 58078 KATHY CREIG)RCN 431 W. 6 Sr. W. EXW, N7 58078 JUANITA (Mrs. H) STEER FTU4 1009 RICHLAFD Sr. WAHPE1E24, MD 58075 PAM LENDEIFR 757 W. 11 AVE. W_ FARO, NO 58078 TIH I12•Z`EIER 820 105 AVE. W. W. FARGO, NO 58078 LDDA BOSC^L FRS 1405 E. GAT ;Ay CIRCE FAFm, FD 58103 RICHARD D. LFNZY= FRS 213 CLARK AVE. HARVEY, MD 58341 BRIAN LEER FR5 2085 SW 4 AL3Y, ED 58368 M2la".A (Mrs. G) P.PG R•D5 P.O. BCC K5 JAMES1C1t4, to 58401 )XII:.AS LL=vZ:ER FR4 1831 21st ST. N BLSMAPCK, MD 58501 MELANIE- (Mr=. L) OBERC FR4 ECC 261 WILTCN, No 5659 LEL27E MFDE RLZT FR4 213 10 AVE. SE M=, NO 5870. JOANN''E (M_'s_ W) CAHILL FR 321 N_ Et^. FANPELQ:- ED 52975 MAUR : = CHs 321 MILES AVE BILL2GS, MT 59101 MITCHELL BC7t:F( CH5 znzmllcs. MS 59'_0'_ AnSCK DEESS CH5 3541 UMMM IlU CIP.CE B7IbINS. Mr 591C2 Kkp-a IE (Mfrs. F) BcRZH 0R4 2622 MLLES AVE. EII..IMGS, MT 59102 SHEFtL Ors. A) GILT CH5 2441 }CkARD AVE. BI M4' 50102 COL. JAMfrS LEN2M=ER HIS 1119 '_9th AVE. SW GREAT FAILS, Mr S °.404 JCY1tE Oiz=- L) ARONSON CH4 553 BZ;CCN M. BARtIN1C14, ILL 60010 STEVEN BOTH CHS I.T.H. CO. 332 -1 SSC NTC, GREAT LACE, IL 600Pr By Leo Lensmeier ANY -DFC D NI4 2 90. 663 HAVAR: DR_ MN002&=ZE. IL 60555 )A)O( JUDITH Its. F) FAIET32 HIS 732 TE5CN PD. SVELWCD, MD 63042 VW F TERRY Y LENDwt FR4 5740 N. TRACY )WE'S CriY, MD 641 ECTALD A. LENDEIFR CH5 1900 W. Sth SIDALIA, MD 65301 Dam LYAISE as 12704 W. 100 TEFtR C E LENS A, KS 66215 mW RIE LEE (Mrs. W) GLOYTR FR4 1753 TR N7CN ID. FCRREST CITY, ARK 72335 JUDY (Mrs. R) ffi7ARD FR4 2226 PIKE RIVER W. 1CIMFJK=. TX 77339 JA0= (Mrs. G) JAUS CBS M IDUISIAFA AVE. R YAS AFB, TX 79607 CS'NDIIA A. LENZ?E.flt 318 S. OVERLAND TRAn FT. NES.IIS, Ca 80521 SARAH R. IZNXH FR BOX 2111 VAIL. GO 81657 CRAIG L. LEN29 FR flu 930 W. 3rd Sr. ISIS R, ID 83672 A.J. L1R@E31R NI4 1314 228 N. 13t. Ply, AZ 85074 JSP$= M. LENZ EI R FRS 3106 SO. TUMM DR. TEMPE, AZ 85282 LARRY P. I]27DEDER FRS 3106 SO. =XYLOR TE PE, AZ 85282 RANCEZ KRAGEnl..Z FRS 2147 E. MIIN171LS TE PE, AZ 85282 RALPH LENZME FR4 3106 SO. TAYLCR DR_ _ TE PS, AZ 85282 S E.T J. IENZM=ER FR5 2L "-9 W. RIVIM DR_ TEMPE, AZ 85282 M ICYJIE. W. LENZ? FRS 8010 HILLSIDE RD. AM LQA, CA 90701 JASON M. IFNZP'EIFR FR5 5167 )CAIN MAY SACAAt-WID, CA 95842 ! DAVIS HE4 1343 IRVINE AVE_ ASTCRIA, OR 97103 ALLISON FLYNN FR5 6959 121st PLACE HE ICN, 1A 98056 JANET THOIPSSON Fff.4 3505 FVFMS*M, AVE. LEIHERI?OGE TlK3C2 ALPIIIDI, C WNDA caetinued... Gene Lenzmeier Leo Lenzmeier Mickey Lenzmeier Olive Lenzmeier Raymond and Esther Lenzmeier, Sr. Raymond Lenzmeier, Jr. Roger R. Lenzmeier Louise Luce Betty Lou Peterson Mary Ann Raiche Esther Roeder ...and to Terry Lenzmeier, who shipped a lifetime supply of typing paper, envel- opes and pens from his store in Kansas City! Thanks also to the people who have helped or have volunteered to help in so many ways: My brother Leo (encouragement and research), Betty Lou Peterson. (organization, handling / funds, registration and keeping my head straight), John Lenzmeier (organization), Mildred Huber (history, photos), Cathy Schloesser (word processing), Shirley Hen - nen (research on accommodations and ser- vices), Ralph Lenzmeier (liaison with K.C. Hall, reservation, consultation), Pam Peterson (typing, North Dakota liai- son), Dianne Murphy (registration), Mark Luce (Jackson Town Hall consideration), Louise Luce (encouragement, advice), Frank Lenzmeier of Wahpeton (information, hist- ory), Gary Peterson of Delaware (use of Kroy lettering machine), Wally Johnson of St. Paul TVI (typesetting of histori- cal section), Gene Lenzmeier (history, furnished slides by E. C. Lenzmeier), Kathy Creighton (info on Miller family reunions), Audrea Andrews (photo negs), ...I hope we haven't missed anybody. The home of Martin Lenzmeier around the turn of the century. Landmarks Lost (Or soon to be) The Lenz►neicr / IZoehl 110LISe The Lenzntcicr House is located west of Shakopee off State Highway 169. The house is scheduled to be demolished to make room for a tovnhouse complex. There are two sections to the house. The first section was built in 1860 of rubble stone construction with two interior end chimneys, a rectangular plan %vith a ;able root. A small porch supported by columns decorates the entryway. The second section was built in 1895 and is of red brick construction. Hobert Roehl, a German immigrant, built the first section. His daughter Clara who latter married Martin Lenzmeier inherited it, thus it became known as the Lenzmeier House. Martin and Clara built the red brick addition. There is a very interesting story that involving the Roehl and Lenzmeier marriage. Whether fact or fiction it still is worth the repeating. The story is as follows. Stephan Lenzmeier (father of Martin) died a comparatively young man leaving his widow Elizabeth with a large brood of sons to raise, including a two-month -old baby Mary. When Elizabeth surveyed her situation, she was a 43- year -old widow with assets of a good farm, eight sons and an infant daughter. Life must ao on. It takes a pretty good spread to support so many strapping young boys (Henry -vas the biggest of the lot and was nicknamed "The Bull" for his strength.) Soon it would be time to leave the homestead. Elizabeth learned of a good family in Shakopee that was growing a bevy of marriageable daughters and she made an inevitable logical decision. One Sunday morning, we are told, she hitched up a team to the buggy and drove the five miles to Hubert Roehl's (pronounced "rail') farm just west of the town of Shakopee along the road leading to Jordan. Mr. Roehl, an immigrant from Luxembourg, owned a long piece of land parallel to the Minnesota River, and he also owned an overabundance of daughters. Elizabeth told the Mr. Roehl about her big, handsome boys and suggested that they had the basis for an arrangement. So it was arranged that her sons would marry Roehl girls, at least four of them as it turned out. Now here comes a slight change in the scenario. One version of the story claims that Frank did not like having his bride chosen for him and he left town to avoid the marriage. The other version has it that he went to South Dakota to IcoR for ,ork to tam -Some mali-fing money_ He ended up in Kranzbura where he fell in love and married Mary Kranz. He brought her back to Marystown and Iatter they moved back to South Dakota to begin the Dakota dynasty of Lenzmeier. Thus it happened that Henry Stephan Lenzmeier married Elizabeth Roehl and Casper married her sister Celia. Meanwhile in due time Martin Lenzmeier wedded Clara and Nicholas married Mary. The four brothers who married RoehI sisters received pieces of good land from their father -in -law's original claim along the Minnesota River. Martin Lenzmeier's house is on the National Registry of Historic Houses. Submitted by Harriet Pink /MODEL- Minnesota's Predictive Model of Archaeological Site Location - Minnesota OfficePage 1 of 1 / Mn/MODEL - Minnesota's Predictive Model of Archaeological Site Location (Return to Minnesota Archaeology or Office of State Archaeologist of Minnesota Home Page) / Mo M i n nesota 's Statewi .� Archaeological Pred ictive Mode MFVWT uses Mn/Model to design archaeologkal surveys and to avoid: impacts on archaeobogi ®I sites. Statewide, 85-47% of known sites fall Into high and medhJm probabt1ity areas, rhich constitute 20.62% of the land area. 't " �•' S � � T jl � "sue baxd on s tdtzbcal } x rdadonships batween �� 4 j .� i. `� known sites and ro r .. t�F . a� envrionmental factors. r .�` _ � ti F` ;� • ,rte. _ r Y Areas that have not been tall surveped and have low site potential are categorized as'NInknovm." Until further sumeys are conducted, we cannot be certain dtatstre potentials are actuat)r low. For 1'rdl@r IrJmtiotitm Nmut Ann;161odo1,ccntact AJri6rLoQAOf.SIMarm.uc ( tschnedbthi) or (G(Statmkd to&J) Archaeological Site Potential Uninom (� Possibly im tow Suspected medium Possibly medum Q Medium Suspected high Possibly high high Water Stave Stoptss Mine 15 0 15 30 45 Miles .`fir Qe �.tadel a Please refer to http : //www.mnmodel.dotstate.mn.us/ for additional web -based information on Mn/MODEL. (Return to Minnesota Archaeology or Office of State Archaeologist of Minnesota Home Page) http: / /www.admin. state .mn.us /osa/mnarch/n=odel.html 4/3/2002 Distribution of Recorded Archaeological Sites in Minnesota Page 1 of 1 DISTRIBUTION OF RECORDED ARCHAEOLOGICAL SITES IN MINNESOTA (Return to Overview of Minnesota Archaeology or Office of State Archaeologist of Minnesota Home Page) 49 5 33 --J 16 (Return to Overview of Minnesota Archaeology or Office of State Archaeologist of Minnesota Home Page) http: / /www. admire. state.mn.us /osa/mnarch/map.html 4/3/2002 Minnesota Historical Society State Historic Preservation Office (651) 296 -5434 National Register of Historic Places Minnesota Checklist October 2001 AITKIN COUNTY Aitkin Carnegie Library, 121 2nd St. N.W., Aitkin (4/16/82) Aitkin County Courthouse and Jail, 209 and 217 2nd St. N.W., Aitkin (4/16/82) Arthyde Stone House, Co. Rd. 27, Unorganized Territory ( Arthyde) (4/16/82) Bethlehem Lutheran Church, off Co. Hwy. 12, Nordland Twp. (4/16/82) Casey, Patrick, House, 4th St. S.E. and 2nd Ave. S.E., Aitkin (4/16/82) Malmo Mounds and Village Site, Malmo Twp. (413/75) National Woodenware Company Superintendent's Residence, Elm St. and Ione Ave., Hill City (4/16/82) Northern Pacific Depot, 20 Pacific St. S.W., Aitkin (4/16/82) Potter -Casey Company Building, Minnesota Ave., Aitkin (4/16/82) Savanna Portage, Balsam Twp. (4123/73) ANOKA COUNTY Anoka - Champlin Mississippi River Bridge, U.S. Hwy. 52 over Mississippi River, Anoka (also in Hennepin County) (12/31/79) Anoka Post Office, 300 E. Main St., Anoka (12/31/79) Banfill Tavern, 6666 E. River Rd., Fridley (12/12/76) Carlos Avery Game Farm, Co. Hwys. 17 and 18, Columbus Twp. (8/9/91) Colonial Hall and Masonic Lodge No. 30, 1900 3rd Ave. S., Anoka (12131/79) Crescent Grange Hall No. 512, Type Lake Rd., Linwood Twp. (12/26/79) District No. 28 School, 14100 St. Francis Blvd. N.W., Ramsey (12/27/79) Jackson Hotel, 214 Jackson St., Anoka (12/8/78) Kelsey, Porter, House, 14853 7th Ave. N., Andover (12/26/79) Kline Sanitarium, 1500 S. Ferry St., Anoka (12126/79) Leathers, Henry G., House, 22957 Rum River Blvd_, St. Francis (12/26/79) Richardson Barn, 22814 Sunrise Rd. N.E., Linwood Twp. (12126/79) Riverside Hotel, 3631 Bridge St., St. Francis (12/26/79) Shaw - Hammon House, 302 Fremont St., Anoka (12/26/79) Sparre Barn, 20071 Nowthen Blvd., Burn Twp. (1/10/80) Swedish Evangelical Lutheran Church, 2200 Swedish Dr. N.E., Ham Lake (12/26/79) Ticknor, Heman L., House, 1625 3rd Ave. S., Anoka (12127/79) Windego Park Auditorium/Open Air Theatre, between S. Ferry St. and Rum River, Anoka (1/8/80) Woodbury House, 1632 S. Ferry St., Anoka (12/26/79) BECKER COUNTY Detroit Lakes Carnegie Library, 1000 Washington Ave., Detroit Lakes (3116/76) Edgewater Beach Cottages, 321 Park Lake Blvd., Detroit Lakes (3/15/89) Graystone Hotel, 119 Pioneer St., Detroit Lakes (7/01/99) Holmes Block, 710 -718 Washington Ave., Detroit Lakes (7/19/01) Itasca State Park, Co. Hwy. 113, (Itasca State Park), Savanna Twp. (also in Clearwater and Hubbard Counties) (5/7/73) Northern Pacific Passenger Depot, off U.S. Hwy. 10, Detroit Lakes (12/22/88) Sargent, Homer E. and Rebecca, House, 1036 Lake Ave., Detroit Lakes (12/22/88) BELTRAMI COUNTY Minnesota Historical Society State Historic Preservation Office (651) 296 -5434 Tower Fire Hall, Main St., Tower (7/17/80) Traphagen, Oliver G., House, 1509 -11 E. Superior, Duluth (4/4/75) U.S. Army Corps of Engineers Duluth Vessel Yard, 9th St. S. and Minnesota Ave., Duluth (10/23/95) U.S. Fisheries Station - Duluth, 6008 London Rd., Duluth (11/28/78) U.S.S. Essex Shipwreck, Duluth, Lake Superior (4/14/94) Valon Tuote Raittiusseura (Finnish Temperance Hall), 125 3rd St. N., Virginia (8/24/79) Virginia Brewery, 305 S. 7th Ave., Virginia (8/27/80) Virginia Commercial Historic District, Chestnut St. between 1st and 6th Aves., Virginia (1/31/97) Virginia Recreation Building, 305 S. 1 st St., Virginia (2/4/82) Virginia -Rainy Lake Lumber Company Manager's Residence, 402 -404 S. 5th Ave., Virginia (8/18/80) Virginia -Rainy Lake Lumber Company Office, 731 3rd St. S., Virginia (8/26/80) Western Bohemian Fraternal Union Hall, Co. Hwy. 29, Meadowlands Twp. (7/31/86) William A. Irvin (Freighter), Minnesota Slip, Duluth Harbor, Duluth (7/13/89) Wirth Building, 13 W. Superior St., Duluth (7/25/91) SCOTT COUNTY Bisson, Abraham, House, Co. Rd. 57, St. Lawrence Twp. (4/17/80) Bridge No. L -3040, Co. Rd. 51, Blakely Twp. (11/6/89) Church of St. Wenceslaus (Catholic), E. Main St., New Prague (2/19/82) Coller, Julius A., House, 434 S. Lewis St., Shakopee (4/17/80) Early Shakopee Residences, 411 and 419 E. 2nd Ave., Shakopee (4/17/80) Episcopal Church of the Transfiguration, Walnut and Church Sts., Belle Plaine (4/17/80) Foss and Wells House, 613 Broadway St. S., Jordan (4/17/80) Hooper - Bowler - Hillstrom House, Court and Cedar Sts., Belle Plaine (4/17/80) Inyan Ceyaka Otonwe, Louisville Twp. (2/12/99) Jordan Brewery Ruins, Broadway St. S., Jordan (4/17/80) Jordan Historic District, vicinity of Water St. and S. Broadway, Jordan (4/17/80) Kajer, Wencl, Farmstead, Co. Hwy. 2, New Market Twp_ (4/17/80) Mudbaden Sulphur Springs Company, Co. Hwy. 63, Sand Creek Twp. (4/17/80) New Market Hotel and Store, Main St., New Market (4/17/80) Roehl- Lenzmeier House, Mn. Hwy. 300, Jackson Twp. (4/17/80) St. Mary's Church of the Purification (Catholic), Co. Hwy. 15, Louisville Twp. (Marystown) (4/17/80) Shakopee Historic District, Mn. Hwy. 101, Shakopee (4/11/72) Strunk Nyssen House, off U.S. Hwy. 169, Jackson Twp. (4/17/80) SHERBURNE COUNTY Fox, Herbert M., House, 1st St. and Bradley Blvd., Becker (4/10/80) Kelley, Oliver H., Farmstead (National Historic Landmark, 7/19/64), U.S. Hwy. 10, Elk River (10/15/66) State Reformatory for Men Historic District, off Mn. Hwy. 301, St. Cloud (7/17/86) SIBLEY COUNTY Church of St. Thomas (Catholic), Co. Hwys. 6 and 19, Jessenland Twp. (9/16/91) Gibbon Village Hall, 1st Ave. and 12th St., Gibbon (8/19/82) Henderson Commercial Historic District, Main St_ between 4th and 6th Sts., Henderson (12/20/88) Poehler, August F., House, 700 Main St., Henderson (2/4/82) Sibley County Courthouse (1879), Main St., Henderson (7/2/79) Sibley County Courthouse and Sheriffs Residence and Jail, 400 Court St. and 319 Park Ave., Gaylord (12/29/88) STEARNS COUNTY 30 • • • hfD: //W W W. cr. n as. o ov /n h I/ National Historic Landmarks (NHLs) are cultural properties designated by the Secretary of the Interior as being nationally significant. Acknowledged as among the nation's most significant historic places, these buildings, sites, districts, structures, and objects possess exceptional value or quality in illustrating or interpreting the heritage of the United States in history, architecture, archaeology, engineering, and culture. NHL designation is an official recognition by the federal government of the significance of historic properties. By 1999, almost 2,300 properties had been designated as National Historic Landmarks. By definition, the almost 2,300 properties designated as National Historic Landmarks are the most significant places in American history-they illustrate and commemorate our collective past and help us to understand our national identity. National Historic Landmarks outstandingly represent and interpret the best and brightest and the most tragic aspects of our history. Through these Landmarks, all American can better understand and appreciate the broad trends and events, important person, great ideas and ideal, and valuable accomplishments in the arts and sciences, and humanities, that are truly significant in our history. From: National Register Bulletin: How to Prepare National Historic Landmark Nominations. U.S. Department of the Interior, National Park Service. National Register, History and Education - National Historic Landmarks Survey. 1999. National Historic Landmarks in innesota (updated 2001) Fort Snelling Historic District Twin Cities, Hennepin and Dakota Counties (12/19160) James J. Hill House St. Paul, Ramsey County, (11/5161) Kathio Historic District, Kathio Township, Mille Lacs County (7119/64) Oliver Hudson Kelley Farmstead Elk River, Sherburne County, (7/19/64) Pillsbury A Mill:, Minneapolis, Hennepin County, (11113/66) Hull- Rust - Mahoning Mine Hibbing, St. Louis County, (11/13/66) Soudan Mine Breitung Township St. Louis County, (11/13/66) Saint Croix Boomsite, Stillwater Township, Washington County, (11113/66) Mountain Iron Mine Mountain Iron, St. Louis County, (11/24/68) Sinclair Lewis Childhood Home, Sauk Centre, Steams County, (5/23/68) X 1914 Building & Plummer Building Mayo Clinic, Rochester, Olmsted County, (8/11/69) O.E. Rolvaag House, Northfield, Rice County, (8/4/69) F. Scott Fitzgerald House, St. Paul, Ramsey County, (11/11/71) National Farmers' Bank of Owatonna, Owatonna, Steele County, (1/7/76) Frank B. Kellogg House, St. Paul, Ramsey County, (12/8/76) Charles A. Lindbergh House Pike Creek Township, Morrison County, (12/8176) Andrew J. Volstead House, Granite Falls, Yellow Medicine County, (12/8/76) Thomas Veblen Farmstead Wheeling Township, Rice County, (12/21/81) Peavy - Haglin Experimental Concrete Grain Elevator, St. Louis Park, Hennepin County, (12/21/81) Washburn A Mill Complex Minneapolis, Hennepin County, (514/83) St. Croix Recreational Demonstration Area Pine County, (9125/97) Minnesota Historical Society 345 W. Kellogg Blvd., St. Paul, MN 55102 -1906 651 - 296 -6126 Copyright © 2001 http: / /www.mnhs .org/places /nationalregister /landmarks /index.htrnl 3/11/2002 Index By State County, page 1, time 04/03/2002 17:09:05 Page 1 of 1 Index By State County National Register Information System 04/03/2002 17:09:05 No filter Include filter in navigation I I i Row Resource Name r' Address City Listed Multiple I Bisson, Abraham, House CR 57 Jordan 1980 -04 -17 Scott County MRA 2 Bridge No. L3040 Co. Rd. 51, N of MN 19 Belle Plain 1989 -11 -06 Minnesota Masonry-Arch Highway Bridges MPS 3 Church of St. Wenceslaus -- Catholic E. Main St. New Prague 1982 -02 -19 4 Coller, Julius A., House 434 S. Lewis St. Shakopee 1980 -04 -17 Scott County MRA 5 Early Shakopee Houses 411 and 419 E. 2nd Ave. Shakopee 1980 -04 -17 Scott County MRA 6 Episcopal Church of the Transfiguration Walnut and Church Sts. Belle Plaine 1980 -04 -17 Scott County MRA 7 Foss and Wells House 613S. Jordan 1980 -04 -17 Scott County MRA Broadway St. 8 Hooper - Bowler - Hillstrom Court and Cedar Belle Plaine 1980 -04 -17 Scott County MRA House Sts. 9 Inyan Ceyaka Otonwe Address Louisville 1999 -02 -12 Restricted Township 10 Jordan Brewery Ruins S. Broadway St. Jordan 1980 -04 -17 Scott County MRA First NxG F:efr h EiorG Page Page Page 1 . /report.iws ?IWS ROWS= 1 %OA10 %OA &IWS REPORT= 100000066 &IWS_WINDOW= IW',4/3/2002 Index By State County, page 2, time 04/03/2002 17:07:48 Index By State County National Register Information System 04/03/2002 17:07:48 NO filter Include filter in navigation r Omm , L 1 Row Resource Name C' Address City Listed Multiple � 11 Jordan Historic District Water St. and S. Jordan 1980 -04 -17 Scott County MRA Broadway 12 Kajer, Wencl, F Co. Hwy. 2 N ew 1980 -04 -17 Scott County MRA Market 13 Mu Sulphur Springs Co. Hwy. 63 Jordan 1980 -04 -17 Scott County MRA Company 14 New Market Hotel and Store Main St. New 1980 - 04 - 17 Scott County MRA Market 15 Roehl-- Lenzmeier House MN 300 Shakopee 1980 -04 -17 Scott County MRA 16 Shakopee Historic District MN 101 Shakopee 1972 -04 -11 Scott county MRA (AD) 17 St. Mary Church of the Co. Hwy. 13 Shakopee 1980 -04 -17 Scott County MRA Purification -- Catholic 18 Strunk- Nyssen House jOff U.S. 169 IShakopee 1980 -04 -17 Scott County MRA F pp ��t , P.�Frs�h " E�rG Page 2 .. /report.iws ?IWS ROWS= 11 %OA10 %OA &IWS REPORT= 100000066 &IWS_V*TTDOW= I'A4/3/2002 Select an area to view a gropp of counties. 1'Vrc�ns�s Your search for Shakopee in Scott County returned the following: JACKSON, a township of small area, adjoining the city of Shakopee, was first settled in the spring of 1851 and was organized May 11, 1858. It was called Shakopee Township until the incorporation of the city, when the remaining part of the township was renamed Jackson by a legislative act, January 17, 1871. Like many counties, townships, villages, and cities throughout the United States, it was probably named in honor of Pres. Andrew Jackson (1767- 1845). OTHIML MSUAGES' SHAKOPEE, a city in Jackson and Eagle Creek Townships, SEARCH FOR A NAME the county seat, was founded by Thomas A. Holmes in 1851 as a trading post, to which he gave this name of the leader of a Seek Dakota band living here. The village, platted in 1854, was v PIlRicHASE THE soox incorporated as a city May 23, 1857, but surrendered its charter in 1861, returning to township government. It was 0-7. 'Mon HOME incorporated as a village on March 1, 1866. It again received a ,�xrs srrE . city charter March 3, 1870, and the former township of HE ��. Shakopee, excepting the city area, was renamed Jackson, as Scorn before noted, January 17, 187 1. Holmes, bom in Pennsylvania in 1804, is considered the "father" of Shakopee; he served in GE ! the 1849 territorial legislature and was influential in the ��AtES� community; he moved to Cullman, Ala., in 1878, where he srREaNS , died in 1888. The post office began in 1853 and was spelled Shah -k'pay until changed to the present spelling in 1857; PEti�PLE Holmes was the first postmaster. The village had a station of the Chicago, Milwaukee and St. Paul and Chicago, St. Paul, OTHER ITEMS Minneapolis and Omaha Railroads. OTHIML MSUAGES' Shakopee (or Shakpay, as it was commonly pronounced), ,_oa .PixCEs meaning Six, was the hereditary name, like Wabasha, of successive leaders, in lineal descent from father to son. The _ first of whom we have definite knowledge is the Shakopee v PIlRicHASE THE soox who was killed when running the gauntlet at Fort Snelling in June 1827, as related by Charlotte O. Van Cleve (Three Score A�our Years and Ten, 1888, pp. 74 -79). The second, who is ,�xrs srrE . commemorated by the name of this city, characterized by HE ��. Samuel W. Pond, Jr., as "a man of marked ability in council and one of the ablest and most effective orators in the whole St. Wences Pra Scott Censu Estab: Marc Parent Coui http:// mnpla ... /people.cfm ?PlaceNamelD= 2730 &BookCodeID =2 &County= 70 &SendingPage 4/3/2002 Scott Got, Minnesota Place Names - People Information Page 2 of 2 The Dakota in the Minnesota River valley negotiated treaties in 1837 and 1851 for sale of their land. Following the Dakota War of 1862, the people lost their reservation land in the upper Minnesota River valley. Beginning in 1887 the federal government bought land in the Prior Lake area for the returning Mdewakanton Dakota. The reservation consists of 1,500 acres northwest of Prior Lake. Minnesota Historical Society- 345 W. Kellogg Blvd., St. Paul, MN 55102 -1906. 651- 296 -6126 Cop yright Send questions /comments about this web site to the Webmaster. http:// mnpla ... /people.cfrn ?P1aceNameID= 2730 &BookCodeID =2 &County= 70 &SendingPage 4/3/2002 International Falls Arrow d Ely `�Tower Ta onite Al o ® 5 e ass k �Colerai e and Rapids = / Pequot kes Nissw 6 Baited Ftre Brainerd New Mills Tun er ar on uth um u Segment Marais DNR State Trails f _ Asphalt trail surface .....t ail surfa e estone or granite Natural surface (primarily snowmobile use) 000 Undeveloped m 5/2000 Minnesota Department of Na R Island Blufflands Trail valley Casey Jones Pipestone 12 12 Trail is und natural s 12 m C • Douglas Rochester -Pine Island 13 13 13 13 13 13 13 • 48 • 48 48 Gateway Cayuga Ave -1694 8 • _ 8 • a 8 • • • • • 1 694 - Pine Point Park m 42 • M 10 • _m Y m _o m L Q c O Y Y U m $� M A 12 12 0 • • • • • New London - Hawick 6 0 �a 6 US Q 6 m p 3 !r� O Y c O Y Y Y m c = Y w C c a m w— E c E m U go State T rail Segment I Location ' C W a 07 uJ z M m m — m z � = x s u. a rn v ¢ us Arrowhead International Falls -Tower 135 135 Heartland Park Rapids - Walker Walker - (macs Lake 27 22 69 Many wet areas in summer 69 69 • • 27 • 27 22 Casey Jones Pipestone 12 12 Trail is und natural s 12 • • Douglas Rochester -Pine Island 13 13 13 13 13 13 13 • 48 • 48 48 Gateway Cayuga Ave -1694 8 • 8 • a 8 • • • • • 1 694 - Pine Point Park 10 42 • 10 10 • 10 10 10 • • • Glacial Lakes Willmar - New London 12 12 12 12 12 12 • • • • • New London - Hawick 6 6 6 6 • 6 6 Coleraine - Ely 159 Hawick - Richmond 22 • • Undeveloped, bridges out • Willard Munger Harmony Preston Valley Boundary Segment 80 80 80 80 65 • • • • Root River Trail - Harmony 18 6 18 18 • 18 18 • • • Heartland Park Rapids - Walker Walker - (macs Lake 27 22 27 22 27 22 27 • 27 27 72 27 22 • • • • • • ® • Luce Line Plymouth - Stubbs Bay Rd. 7 Paved public trails have restricted use by 7 • 7 • 7 7 • • Stubbs Bay Rd_ - Winsted 23 23 23 23 23 • • Winsted - Cosmos 33 33 33 Bridge out 33 33 • • Minnesota Valley State Park Trail Ft. Snelling - Shakopee 19 19 5 19 6 • 6 19 • • • • Shakopee- Chaska 5 5 5 5 • 5 5 • • former swing bridge site - Belle Plaine Nort Shore Duluth - Grand Marais 146 146 75(summer, Finland -Grand Marais)75 75 • • • • Paul Bunyan Brainerd / Baxter - Hackensack 48 48 48 • 48 48 • • • Hackensack - Bemidji 52 Hwy 12 - Bemidn State Park 5.3 52 4.0 52 52 5- 5.3 5 • • • • • • • Root River Fountain - Houston 42 42 • 42 • 42 42 • • • Sakatah Singing Hills Mankato - Faribault 39 39 6 39 • 39 39 39 • • • • • Taconite Grand Rapids - Coleraine 4 4 4 • 4 4 • Coleraine - Ely 159 159 107 Many wet a in summer 107 5 0 • • • • • Willard Munger Boundary Segment 80 80 80 80 65 • • • • • Alex Laveau Segment 6 6 6 • 6 6 • • • • Hinckley - Duluth Fire Segment (includes 3 mr7es on -road S of Carlton) 63 63 63 • 63 63 • • • • • Paved public trails have restricted use by snowmobiles with studs. Call the DNR Information Center (651 -296 -6157 or 1- 888 - MINNDNR) for information on restrictions and alternate routes. The Great Minnesota Ski Pass is required for all cross-country skiers on public cross-country ski trails who are aged 16 and above. The Ski Pass must be signed and in your possession when skiing on any public ski trail in Minnesota. For more information about the Ski Pass, please call the DNR Info Center at 14888 - MINNDNR; 1- 888 - 646 -6367_ I I I Loire ZOO By Brawn I Hayes tekt Flaw]. Jevne I Old Mill Grand Soudan Judge CR. Portage • mccoohy !Ulf-141111round Magney Bear Head Scenic Beach Lake Lo Bctraiiiii Cascade RiVPI I Hill Annex George H. Crosby !noniron Temperance Rivet lima Scheafillt Mine Att .'' Tenegouche iff II A Split Rock Lighthouse ButkAa Rh`er Savanna Gooseberr Falls Foliage I %On Dad Cuyuaa Countfy Rec. Area Moose Lake Jay Cooke • Gieadaikough CEDY1 Wing Banning Map Key Mille Lacs I ; Lake Carlos Kathia Futr,e1 Herlirq,n St. Croix State Park atirie5 A. Northwest Lindbeigh Wild River Ncrtheast , . Southwest Big Lake Maria Interstate Southeast Lake Monson LQItC 1 Lac Qui Sibley Fort William 0 B1 ien !. Area Perle Snelling Afton I Upper Sioux Agency Minnesota Valley Rec, Area Nei woad Foil Ridgely Big Woods hantenac E Camden Sakatah John A. Latsh Lake Carley c Luke Flandrau Rice Lake Carley Shetek Minneopa II Split Rock Creek kilen Woods Whitewater Forestvlle/ Great Rivet Bluffs Beaver (reek hire Big Mystery (aye Valley II Blue Mounds Island Lake Louise II II I I 1 ,Jr I Ir I lk , Lake of the Woods ---\____ •P • & e I‘ . Vyageurf..111111s, N ,17 Portage NM Isle Royale NP II krPl to ., sul3ERIOR r Apostle 1 I i‘'i°144/MINNESOT , ix, Islands d ew NL I 1 cIl I Saint Croix NSR -.,. I : 14, . PAUL • MINNEAPOLIS I / Ali Mississippi NRRA -1 :1- I c P iaest one NM 613, 1 1 . W.A.11111.0.110 1 A gli I I 1 • 11111 — • — MI • — NM OM • — 111•11 IMO • • • 1111111 SIN I uti — 416 a a at14 —11, Wilderness Areas, Wild & Scenic Rivers, i toi o e -'\-- L----t,—... National Natural Landmarks and .1 UN Biosphere Reserves - .. s -- 1 ° 0 g • 1 / 1 WO - 'A . ,) ,f2 , • y l ' —.. — IP • ci f" ( .. * % 4 -- ' P " • 0 a 04T ti • 1 • 1 r a re • i Ilk • 1 i ,:i- 0 • C:‘% • ot . cez __ . iiwk •".. , r . . • - ._ 1 _. b ; • 0 1 4' - ar- 4 414; 0 k• L-1-7 iA is 9 0 ' . Aate — ... g , I 4 0 :111 ' 0 161 a_ o ', Cizi 0 1 kIN ---- oo eS6 _— --- • 411 'ma . 11 ciz, 1.____ 4 1 _------ ------- 7/ 4 0 G i $ ) eo • ,,cz 0 t \\ N-i f i l'ci,, • .-.--,‘ ■ .,' ,. . 4111N WILDERNESS ARE .. \._,...,111 AS o :1 NVA11:::s.SC:NAICTLR:RLLSANDMARE5 (1?, \I 3 \,... 611995 W ..it. . - -,- -' ii, '''' - - • -'4V . - 7 ....' 0 UN BIOSPHERE RESERVES ' a�L , RM MM WAIL ,:111 , 6, rAv off IN MA MS, -RY 11 �...; �� l� �, i�� . � � �■ '1 w��� -0$w MRgx wi NOW WON off, M= MIN 4 ig ild N am on ." r.Ea► ari��■'� :.fit �in 01 HIM I MR. �;�c, max. wl �I•�� y- n w 1 err '� � h . l � rai l ©. r3 .� N MW 1w - -�" "I x .s I - a I Ma :. %toil ���r# np City df Shakopee Development Sites - — — - land _ - CRP Pastureland' Range tanu I land land - - -- Crop _ - -_ - - - - -- -- -_- - land Cultivat4 N _ -- -- - State - -- feet 900 816' 650 673 796 - -- 600 - � _ --- - - - - -_ - - g66 � -- 726 _ - - 766 �- 306 Alabama 915 950 866 - 876 :6:6 Arizona _ -- 635 736 716 440 Arkansas 948 > 780 780 746 1,000 > 826 450 California > > 1,000 > 1,00 1 > 1,000 1, ®0 - __ -- _ 946 300 > 1,000 Colorado - 350 __- 450 - -- " -- - 753 406 580 - Connecticut > 360 - 276 1,000 - - - - 933 696 800 - 826 756 Delaware - 370 836 995__ - __ - - -- 860 _ 876 596 Florida 670 850 - > 750 -- 766 - > 1,00 750 - 1,()00 . _ 853 900 __ 39 Hawaii > 850 > 1,000 84 -- 893 - 1,000 _ - -- 720 390 936 - Idaho 740 540 366 740 366 7 76 926 - -- 520 - - -- - - Illinois 740 - 850 590 _ -- 640 450 - 580 - - - _ - -- Indiana 4 660' 770 - -- 95 0 590 850 - - __ � Iowa 670 _ - 940 -- - 920 750 1 300 Kansas -650' F 1 3 640 _ -- - 730 - - - - -- - - -- -- - _ -- Kentucky - 8501 980 806 900!. > 600i Louisiana > 1,000' 1 1,0001 Ma 603. 560 82 0 500 — — 900 270 75 , 565' _ 8501 450 0 626 ,1 ,Maryland , —, 440 ! 436 F_ -- - 900 366 Mas sachusetts 560 _ Michigan 800 — 700 710'..., 9 - 386 _' 960 696 900,1 - - ° Minnesota — -- - -- - -- 950 346 00 866 7 880 656 �— F - -- Mississippi - -- -- Missouri 616 790' 8 760 686 756 - -- -- - FIOO>O > 1,000 > 1,000 906 490 Montana > 1,000 > 1,000 - > 720 > 1,000 610 500 Nebraska 996 890 1,000 - - [ _ - - Nevada 930 923 468 950 > 1,000 1,000 F76 _ _ > 476 New 676 546 - - -- 576 - - -- 1,000 F Hampshire 716 6 778 576 -- 600 850 New Jersey F— 850 > 1 000 7958 518 New Mexico > 1,000 850 [�,00; 550 -- - 950 366 New York �653 626 700 - North 700 530 626 520 - - -- 7846 F34 Carolina > 960 > 1,000 630 560 North Dakota 950 930 1,000 F _. - 876 350 Ohio 880 666 800 600 -- -� _ -- > 776 850 900 F3O Oklahoma 900 850 1,000 > 703 976 810 396 Oregon 950 836' F Penn sylvania 650 586 640 536 --- - 876 376 - �— — 816 268 326 Rhode Island 540 580F - - -- - - _ _____ -__ __ _ -- South 636 700 750 606 - - -- 896 400 Carolina -- - > 976 > 1,000 740 526 � South Dakota �I > 1,000 990 1,000 596',� 3434 Tennessee �� 806 626; 700 j > 1,000 850 > > 800 966 450 Texas 1,000 1, 0 0 0 F �O; 896' > 1,000 921 530 Utah 850 900 F - ------ — -- 650 626 496 � -- 990- 400 Vermont -- - -- --- - -- -- - -- - 950 410 - Virginia - 66 > 660 906 796 376 6 - -_ 650 850 - -- 656 --- - _ - -- Washington > 1,000 760 1,000'. -- - - -- - - -- - - �— 940 ��o -- - - -- - 520 566 - - -- 550 - -- WestVirginia - _ 820 406 Wisconsin .. 766 696 760 570 -- -- F OO>O > 1 000 > 1 000 803 430 Wyoming > 1,000 > 1,000 ' - __ -- 646 798 i 810 400 Caribbean 710 700 National 890 =736 950 676 > 1,000 890 400 median - - - Return to 1997 National Resources InventoLry Summary Re ort Table of Contents. Return to 1997 National Resources Inventory National Results. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner Extension of Christmas Creek Final Plat DATE: May 7, 2002 DISCUSSION Dave Brown Realtors has submitted a request to extend the Final Plat approval of Christmas Creek. The Final Plat of Christmas Creek was approved by the City Council on June 6, 2000. Please find attached as exhibits a location map and a copy of the approved final plat. Section 12.10 of the City Code states as follows: Subd. 1. Approval Period .....City Council's approval of a final plat shall remain in effect for a period of two (2) years from the date of approval...... Subd 2 Extension of Approval Upon request by the developer, the City Council may extend the approval period for a preliminary or final plat, subject to all applicable performance conditions and requirements. A request for an extension of approval must be filed on or before the expiration date of the preliminary or final plat. If the approval period has expired, the City Council may require a new submittal unless substantial physical activity or investment has occurred in reasonable reliance on the approved plat and the developer will suffer substantial financial damage as a consequence of a requirement to submit a new submittal. ALTERNATIVES 1. Approve a one year extension of the approval of the final plat of Christmas Creek. 2. Approve an extension of some other length of time for the final plat of Christmas Creek. 3. Do not extend the approval of the final plat of Christmas Creek. 4. Table the matter and request additional information from the applicant and/or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval of a one year extension of the approval of the final plat of Christmas Creek. ACTION REQUESTED Offer a motion to approve a one year extension of the approval of the final plat of Christmas Creek. / -c` @Ebb--AAh Ad W E SHAKOaE 3 CObOALT p=E9,xE2w 1Y Final Plat of Creek 05/31/00 8 _ a b z x o 0 I Ci ` 3 Q I I + �I C — — — — — -- -- �_' — — o I, — •_ ...t. jN � i o, CD I I >N I Ioup N= Cn ; ma U1 O to NQ E ilne of the I, West ast 450.00 feet 3 I �Z I co N I m � Cr1 o I N i 1 N nn u' n I I � VI O 166 I (n O o I II I a o 1 `C w 'l ti O <u West line of the S.E. 1/4 of 31- 115 -22 So0'17'18 OUTLOT A 4n4n Al N00'21'27 "E East line of the S.E. 1/4 of 31- 115 -22 'n 0 5 0 s Z e Oa tD O N o Ca s f A m r u to N t I I .i • I a xl Di 5i l§ 5 o I I 0 0 4.3 g 3— °s -�goY S�� � I � 8 'aw k•So 8�8 w 'l ti O <u West line of the S.E. 1/4 of 31- 115 -22 So0'17'18 OUTLOT A 4n4n Al N00'21'27 "E East line of the S.E. 1/4 of 31- 115 -22 'n 0 5 0 s Z e Oa tD O N o Ca s f A m r u to N t I I .i • I a xl Di S-4 • 40 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Additional Design Fees for the CSAH 83 /CSAH 16 Reconstruction, Project No. 2001 -4 DATE: May 7, 2002 This agenda item is to consider a request from WSB & Associates, Inc. on additional engineering design fees for the County State Aid Highway (CSAH) 83 and CSAH 16 reconstruction project. Attached is a letter from the project manager of the CSAH 83/16 reconstruction project on a request for additional design fees above and beyond the original extension agreement amount. The original extension agreement was for a design fee not -to- exceed $357,860.00. This request is for additional work above the contract amount for $7,597.40. In this request there are four items that are highlighted in WSB & Associate's letter and they are as follows: • Additional Sub -Soil Borings • Reproduction Costs • Re- Design of East Leg of CSAH 16 to Plan B • 12 Avenue Re- Design costs. In review of these additional items, staff feels this request is more than acceptable, due to the fact of the considerable re- design work for the CSAH 16 east leg, additional right turn lane from CSAH 83 to 12 Avenue, and 12 Avenue re- design to work with the proposed signal. In staffs opinion, these additional items are significant additions and more than $7,597.40 being requested. Also, these additional design fees will be shared with Scott County and assessed to any property owners in the City of Shakopee. ALTERNATIVES: 1. Approve the additional compensation for the additional engineering work in the amount of $7,597.40 for the CSAH 83/16 project. 2. Do not approve of the additional compensation. 3. Table for additional information. Staff recommends Alternative No. 1, as additional work above and beyond the original contract scope was done and the amount of additional compensation being requested is reasonable. ACTION REQUESTED: Approve the additional compensation for the additional engineering work in the amount of $7,597.40 for the CSAH 83/16 Project No. 2001 -4. 4i ruce Loney Public Works Director BL/p-p 83/16 COMPENSATION April 24, 2002 Mr. Bruce Loney, P.E. City Engineer/Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 -1328 Re: CSAH 18 / CSAH 16 Reconstruction Request for Increase in Design Fees City of Shakopee, MN WSB Project No. 1354 -00 Dear Mr. Loney: Enclosed, you will find our last invoice for the above - referenced project, which shows a total invoice to date of $365,439.40. The original extension agreement was for $357,860.00, which billed to date we have exceeded the contract amount by $7,597.40. It is important to note that WSB's scope of services expanded beyond the original agreement and we are requesting favorable consideration to compensation for the additional work above the contract amount of in the amount of $7,597.40. WSB's scope of services increased in several areas and the following is a summary of those areas of increased work: Su 76 ■ Additional subsoil borings WSB contracted with Allied Test Drilling to perform several deep borings of the site to determine the elevation of the bedrock to be assured of the rock excavation quantity on the project. Allied Test Drilling's amount to perform this work was $2,234.00. ■ Reproduction costs Due to the large volume of plan requests, WSB incurred additional copying costs in an amount of $1,502.27. ■ Redesign east leg of CSAH 16 : WSB was requested to redesign the east leg of CSAH 16 to avoid any land easements from the Mdewakanton Sioux Community. The redesign took place after the original design was completed and, therefore, WSB incurred significant redesign costs on this portion of the project. ■ 12 Avenue desi ng_ costs The City of Shakopee, in conjunction with Scott County, decided during the project that it would be a good opportunity to incorporate the ay channelization work on 12 Avenue and a right -turn lane on CSAH 83 for 12 Avenue as part of this project. WSB prepared the construction documents and quantity estimation to perform this work. Minneapolis - St. Cloud � Equal Opportunity Employer _ � 4 K Enclosed, you will find our last invoice for the above - referenced project, which shows a total invoice to date of $365,439.40. The original extension agreement was for $357,860.00, which billed to date we have exceeded the contract amount by $7,597.40. It is important to note that WSB's scope of services expanded beyond the original agreement and we are requesting favorable consideration to compensation for the additional work above the contract amount of in the amount of $7,597.40. WSB's scope of services increased in several areas and the following is a summary of those areas of increased work: Su 76 ■ Additional subsoil borings WSB contracted with Allied Test Drilling to perform several deep borings of the site to determine the elevation of the bedrock to be assured of the rock excavation quantity on the project. Allied Test Drilling's amount to perform this work was $2,234.00. ■ Reproduction costs Due to the large volume of plan requests, WSB incurred additional copying costs in an amount of $1,502.27. ■ Redesign east leg of CSAH 16 : WSB was requested to redesign the east leg of CSAH 16 to avoid any land easements from the Mdewakanton Sioux Community. The redesign took place after the original design was completed and, therefore, WSB incurred significant redesign costs on this portion of the project. ■ 12 Avenue desi ng_ costs The City of Shakopee, in conjunction with Scott County, decided during the project that it would be a good opportunity to incorporate the ay channelization work on 12 Avenue and a right -turn lane on CSAH 83 for 12 Avenue as part of this project. WSB prepared the construction documents and quantity estimation to perform this work. Minneapolis - St. Cloud � Equal Opportunity Employer Mr. Bruce Loney, P.E. City of Shakopee April 24, 2002 Page 2 As the above additional scope of services indicate, the additional work that WSB performed on the job was significant, however, as you can see, the amount that we are requesting is minimal compared to the amount of additional services that WSB performed on the project. If you have any questions or comments regarding this request of increase in the contract amount, please do not hesitate to contact me at (763) 287 -7189. Thank you. Sincerely, WSB & Associates, I Donald W. Sterna, P.E. Project Manager nm F: \WPWIN \1354 -00 \042402 bl.doc CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Mn/DOT Agreements and Limited Use Permits for C.R. 17 and C.R. 79 Pedestrian Bridges DATE: May 7, 2002 This agenda item is to approve the necessary agreements and limited use permits for the construction of pedestrian bridges on County Road (C.R.) 17 and 79 over Trunk Highway (T.H.) 169. The City of Shakopee has received federal funding from the Transportation Equity Act (TEA) for the 21 Century which is known as (TEA -21 Funding). The amount of funds from the federal funding program for these bridges is $711,000.00. With this project the City also has obtained cooperative agreement funding from Mn/DOT in the amount of $425,000.00, plus an additional 8% for construction, engineering and inspection. The City has also asked for participation from Scott County in the amount of $80,000.00 and anticipates a County cooperative agreement to be prepared for this project for those cost reimbursements. The remainder of the funds for this project will be from the local funds of the City. The purpose of this agenda item is to approve the plans and specifications and approve resolutions authorizing the execution of the agreements for the pedestrian funding and advanced construction process with Mn/DOT, and to enter into a limited use permit agreement on the trail in Mn/DOT's right -of -way. In order to construct the bridges this year, the City would need to enter into an advanced construction procedure with the Federal government in order to proceed with the project with Federal funding coming after October 1, 2002. With this plan approval process, the following items need to be approved in order to proceed: 1. Approve a resolution authorizing the City to enter into Agreement No. 83049, an agreement between Mn/DOT and the City of Shakopee for federal participation and construction. 2. Approve a resolution for the execution of Agreement No. 83051, an agreement between Nh/DOT and the City of Shakopee for Federal participation and advanced construct for this project. 3. Approve a resolution approving the City's limited use permit with the State of Minnesota Department of Transportation for a pedestrian trail in the right -of -way of T.H. 169 at C.R. 79. 4. Approve a resolution approving the City's limited use permit with the State of Minnesota Department of Transportation for a pedestrian trail in the right -of -way of T.H. 169 at CSAH 17 (Marschall Road). With these approvals, the City will be able to proceed with Mn/DOT plan approval. Plan approval and a County Cooperative Agreement is expected to be presented to the Council at the May 21, 2002 meeting. Attached to this memo is a schedule for the project. At this time the estimated project costs for this project is as follows: A. C.R. 79 Bridge $ 512,930.50 B. C.R. 79 Roadway $ 256,679.00 C. C.R. 17 Bridge $ 512,730.50 D. C.R. 17 Roadway $ 122,414.50 Subtotal $1,404,755.40 Also with this project are our engineering costs of $160,000.00, easement costs of $15,000.00 for a total of $175,000.00 with a grand total of $1,579,755.40. Project Funding Secured Federal Funds $711,000.00 State Funding $425,000.00 plus 8% construction & inspection County Funding $ 80,000.00 City Local Funds $329,755.40 The Capital Improvement Program estimated a local share cost of $280,000.00 from the Capital Improvement Fund. The agreements have been prepared by Mn/DOT personnel for this project to move forward and staff would recommend the execution of these agreements. ALTERNATIVES: 1. Approve a motion to approve Resolution No.'s 5709 and 5710, resolutions approving Mn/DOT Agreements No.'s 83049 and 83051 for federal participation and advanced construct and federal participation in constructing pedestrian bridges at C.R. 17 and C.R. 79 over T.H. 169. 2. Approve a motion to approve Resolution No.'s 5716 and 5717, resolutions approving limited use permits with Mn/DOT for pedestrian trails in T.H. 169 right -of -way at C.R. 17 and C.R. 79. 3. Do not approve these resolutions at this time. 4. Table for additional information. • �. • Staff recommends Alternative No. 1 and No. 2. 1. Offer Resolution No. 5709, A Resolution Approving Mn/DOT Agreement No. 83049 for Federal Participation in Construction for S.P. 166- 020 -10, S.P. 166- 010-07 and 7005 -79 and move its adoption. 2. Offer Resolution No. 5710, A Resolution Approving Mn/DOT Agreement No. 83051 for Federal Participation in Advanced Construction for S.P. 166 - 020 -10, S.P. 166- 010 -07 and 7005 -79 and move its adoption. 3. Offer Resolution No. 5716, City of Shakopee Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in the Right -of- Way of Trunk Highway 169 at County Road 79 and move its adoption. 4. Offer Resolution No. 5717, City of Shakopee Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in the Right -of- Way of Trunk Highway 169 at County State Aid Highway 17 (Marschall Road) and move its adoption. Bruce Loney Public Works tector BUpmp MEM5709 I. Initial Plan Submittal 2. Basement Acquisition Process a . Appraisals ............................ ............................... ...................... Completed b. Review Appraisals ............... ............................... ...................... Completed C. Council Approval of Offers .................... ............................... May 7, 2002 d. Acquisition Completed .............................. ............................ May 7, 2002 3. City Council Approvals ...................................... ............................... May 7, 2002 a. Limited Use Permit.......... ....................... ............................... May 7, 2002 b. Advance Construction Agreement .......... ............................ May 7, 2002 C. County Cooperative Agreement ............................... 21, 2002 d. Plan Approval & Authorization to Bid . ............................... May 21, 2002 4. Final Plan Submittal to Mn/ DOT ............................... ... ... I............... May 10, 2002 5. Right -of- -way Certificate No. 1 ......................... ............................... May 17, 2002 6. Mn/DOT Final Plan Approval ............................... ............................... June, 2002 7. City Council Approval of Mn/DOT Cooperative Agreement ......... June 18, 2002 8. Bidding Process a. Ad for Bid ........................ ......................:........ June 21, 28 ..July 5, 2002 b. Open Bids .................... ............................... ...........................July 17, 2002 C. Award Contract .......... ............................... .........................August 6, 2002 9. Mn/DOT Concurrence With Bid ....................... ............................... July 26, 2002 10. Begin Construction .................... ................... ............................... August 19, 2002 11. Complete Bridge & Open Trail ................................................. December 6, 2002 12. Final Cleanup & Landscaping .... ............................... ........................... May, 2003 po /Eo *d 00LT Tt7SE9L F:\WPW1N\1328-00\Pr0jcct schedule.doc :)N1 S31U I MSSU '8 HSM 9Z : S T ZaaZ —Z 0—,�,dW BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Shakopee to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor, City Administrator and the City Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 83049 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted in Shakopee, Minnesota, held this session of the City Council of the City of ATTEST: day of .2002. Mayor of the City of Shakopee City Clerk Mn/DOT Agreement No. 83049 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF SHAKOPEE FOR FEDERAL PARTICIPATION IN CONSTRUCTION This agreement made and entered into by and between the City of Shakopee, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as "Mn/DOT ", WHEREAS, pursuant to Minnesota Statutes Section 161.3 6, the City desires Mn/DOT to act as its agent in accepting federal funds in its behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s) "; and WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. APPOINTMENT. Pursuant to Minnesota Statute Section 161.36, the City appoints Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). B. LETTING. The following procedure will be followed in accordance with Minnesota Law. 1. The City must first obtain written authorization from Mn/DOT for the Project(s) to proceed to letting. 2. The City will publish the advertisement calling for bids on the Project(s) in the Construction Bulletin and in the officially designated newspaper of the City. 3. The advertisement will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the sealed bids will be received by the City. (Mn/DOT Agreement No. 83049) N: \FedAid\DCP \Gary Agreements \83049.doc 3/11/02 Page 1 4. Bids will be opened by a representative of the City. 5. After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. C. CONTRACT ADMINISTRATION. 1. The City will prepare and execute a construction contract with the Contractor, in accordance with the special provisions and the latest edition of Mn/DOT's Standard Specifications for Construction. 2. The City will furnish and assign a publicly employed registered engineer, ( "Project Engineer "), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any contract let for the Project(s). 3. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications for each Project. The standard specifications will be the latest edition of Mn/DOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 4. The plans, special provisions, and standard specifications for each Project will be on file at the City Engineer's Office. 5. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). 6. Quantities will be documented in accordance with the guidelines set forth in the Mn/DOT Documentation Manual for Construction Pay Quantities. 7. During the progress of the work on the Project(s), the City authorizes its Project Engineer to request specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. If Mn/DOT furnishes the services requested, then the City ill reimburse Mn/DOT for the full cost and expense of furnishing such services. The costs and expenses will include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 8. The City may make changes in the plans or the character of the work, as may be necessary to complete the Project, and may enter into supplemental agreement(s) with the individual, firm, or corporation contracting for and undertaking prosecution of the prescribed work (hereinafter "Contractor "). Any work performed under a supplemental agreement will not be eligible for (Mn/DOT Agreement No. 83049) N:\FedAid\DCP \Gary Agreements \83049.doc 3/11/02 Page 2 reimbursement by the FHWA through Mn/DOT unless the supplemental agreement has been approved by Mn/DOT and sufficient federal funds are available. 9. The City will request approval from Mn/DOT for costs expected to increase the Project(s)' federal participation amount, prior to incurring such costs. 10. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports will be retained by the City in accordance with Mn/DOT's record retention schedule for federal aid projects. 11. Upon completion of the Proj ect(s), the Proj ect Engineer will inspect the work to determine whether or not the work should be accepted. D. PAYMENTS. 1. It is anticipated that the entire cost of the Projects) is to be paid from federal funds made available by the Federal Highway Administration, and by the City. The City will pay any part of the cost or expense of the work that the Federal Highway Administration does not pay. 2. At least once a month at regular intervals, the Project Engineer will prepare a partial estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). Each partial estimate will be certified by the Project Engineer and by the Contractor. 3. Following certification of the partial estimate, the Contractor will be paid partial payments in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). 4. Following certification of the partial estimate, the City may request reimbursement from Mn/DOT for costs eligible for federal participation. A copy of the partial estimate must be included with the City's request for payment. 5. Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). The Project Engineer and the Contractor must certify the final estimate. 6. Following certification of the final estimate, the Contractor will be paid the final payment in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). 7. Following certification of the final estimate, the City may request reimbursement from Mn/DOT for costs eligible for federal participation. A (Mn/DOT Agreement No. 83049) N:\FedAid\DCP \Gary Agreements \83049_doc 3/11/02 Page 3 Request for Final Payment must be submitted to Mn/DOT's District State Aid Engineer along with the required project records. E. LIMITATIONS. The City must comply with all Federal, State, and local laws, together with all ordinances and regulations applicable to the work. 1. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 2. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City must require proof of Workers' Compensation Insurance from any contractor and sub - contractor. 3. Utilities. The City must treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with "A Policy for the Accommodation of Utilities on Highway Rights of Way" as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division, which is made a part hereof by reference. F. AUDIT. The City must comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A -133, which are hereby incorporated by reference and made a part of this agreement. (Mn/DOT Agreement No. 83049) N:\FedAid\DCP \Gary Agreements \83049.doc 3/11/02 Page 4 2. As provided under Minnesota Statutes Section 160.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minim of six years. The City will be responsible for any costs associated with the performance of the audit. G. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. H. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Project work, in the event that the federal government does not pay the same. In all events, the City will hold Mn/DOT harmless from any claims arising out of the Project(s). II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City and will act in accordance herewith. B. AUTHORIZATION. Mn/DOT will make the necessary requests to the Federal Highway Administration for authorization of federal participation in the Project(s), and reimbursements therefor under the terms of this agreement. C. PAYMENTS. 1. Mn/DOT will receive the funds to be paid by the Federal Highway Administration for the Project(s). 2. After review and approval of the payment request by Mn/DOT, Mn/DOT will reimburse the City from said funds for the eligible federal share of each partial payment request. 3. Upon completion of the Project(s), Mn/DOT will perform a final inspection. If the Project is found to have been completed in accordance with the plans and specifications, Mn/DOT will then promptly release any remaining funds due the City for the Project(s). D. AUTHORITY. Mn/DOT may suspend unsatisfactory work, perform actions necessary to complete the Proj ect(s) in a satisfactory manner, and/or withhold federal and/or state -aid funds as may be appropriate, as provided in Minnesota State Aid Operations Rules 8820.3000. E. INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized representatives will have the right to audit, evaluate and monitor the work performed under this agreement, and will have access to all books, records, and documents pertaining to the work hereunder, for a minimum of six years. (Mn/DOT Agreement No. 83 049) N: \FedAid \DCP \Gary Agreements \83049.doc 3/11/02 Page 5 III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to insure that all payments due to the other parry are paid pursuant to the terms of this agreement. A. The City authorized representative for the purposes of administration of this agreement is Bruce Loney, City Engineer, City of Shakopee, 129 Holmes Street South, Shakopee, MN 55379; phone 952.445 -3650 or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell, Minnesota Department of Transportation, State Aid For Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651- 282 -6479, or her successor. IV. LIABILITY. Each parry is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. Mn/DOT liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and other applicable law. V. ASSIGNMENT. Neither the City nor Mn/DOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments /supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VIII. CANCELLATION. A. This agreement may be canceled by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other parry. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for eligible expenses incurred for work satisfactorily performed on the Project to the date of cancellation. B. In the event the State does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. (Mn/DOT Agreement No. 83049) N:\PedAid\DCP\Gary Agreements183049.doc 3/11/02 Page 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. CITY City certifies that the appropriate person(s) have executed the contract on behalf of the City as By:_ TItle: Date: By: _ Title: Date: City's Signature Acknowledgement 2. DEPARTMENT OF TRANSPORTATION By: Title: Director, State Aid for Local Transportation 3. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: 4. ATTORNEY GENERAL As to form and execution By: Date: This instrument was acknowledged before me this day of 20, by (name) the and (title) (name) the of _City of Shakopee (title) [notary seal] NOTARY PUBLIC My Commission Expires: (Mn/DOT Agreement No. 83049) N:\FedAid\DCP \Gary Agreements \83049.doc 3/11/02 Page 7 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Shakopee to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor, City Administrator and the City Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 83051 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 3 2002. Mayor of the City of Shakopee ATTEST: City Clerk Mn/DOT Agreement No. 83051 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF SHAKOPEE FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION FOR S.P. 166 - 020 -10, 166 - 010 -07 and 7005 -79; M.P. ACTEAX 7003(12 1) This agreement made and entered into by and between the City of Shakopee, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as "Mn/DOT," Whereas, Agency Agreement No. 83049 has been executed between the City and Mn/DOT, which appoints Mn/DOT as agent for the City with respect to the receipt of transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the City; and Whereas, the City is proposing a federal aid project to construct two pedestrian bridges over TH 169 as well as trail connections within the City, hereinafter referred to as the "Project "; and Whereas, the Project has been determined to be eligible for the expenditure of federal aid funds and is programmed in the approved STIP for the fiscal year 2003; and Whereas, the Project is identified in Mn/DOT records as State Project 166- 020 - 10,166 -010- 07 and 7005 -79, and in Federal Highway Administration records as Minnesota Project ACTEAX 7003(121); and Whereas, the City desires to proceed with the construction of the project in advance of the year it is programmed for the federal funds; and Whereas, it is permissible under Federal Highway Administration procedures to perform advance construction of eligible projects with non - federal funds, with the intent to request federal funding for the federally eligible costs in a subsequent federal fiscal year, if sufficient funding and obligation authority are available; and Whereas, the City desires to temporarily provide City State Aid and/or other local funds in lieu of the federal funds so that the project may proceed. (Mn/DOT Agreement No. 83 051) Page 1 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. DUTIES OF THE CITY. A. The City will let a contract and construct the Project in accordance with Agency Agreement No. 83049. Payment provisions for federally eligible costs will be as stated herein. B. It is estimated that the total cost of the Project is $ 942,552 and that the anticipated federal funding will be capped at $ 754,042. The remaining share will be paid by the City. C. Request for reimbursement of the federal aid share of the federally eligible costs will be made after October 1, 2002, or earlier if funding and obligation authority are available (subject to the Area Transportation Partnership (ATP) policy). D. If the project is converted to federal funding before completion and final acceptance, requests for reimbursement will occur as partial estimates in accordance with Agency Agreement No. 83049. E. The City will be responsible for any part of the cost or expense of the Project that the Federal Highway Administration does not pay. H. DUTIES OF Mn/DOT. A. Mn/DOT will request FHWA authorization of the Project, and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal funding of eligible costs, between October 1, 2002 and January 31, 2003, or earlier if funding and obligation authority are available. C. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn/DOT will reimburse to the City the federal aid share ofthe federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwarded to the City. (Mn/DOT Agreement No. 83 051) Page 2 III. AUTHORIZED REPRESENTATIVES. Each authorized representative is responsible for insuring that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City's authorized representative for the purposes of administration of this agreement is Bruce Loney, City Engineer, City of Shakopee, 129 Holmes Street South, Shakopee, MN 55379; phone 952.445 -3650. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell, Project Development Engineer, State Aid Division, Mail Stop 500, St Paul, MN 55155, phone 651- 282 -6479, or her successor. IV. ASSIGNMENT. Neither the City nor Mn/DOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VI. AMENDMENTS. Any amendments /supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. CANCELLATION. A. This Agreement may be canceled by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. B. In the event the State does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a sufficient level to allow for the processing of the Federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the Federal aid reimbursement requests. (Mn/DOT Agreement No. 8 3 051) Page 3 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: Date: CFMS Contract No. A- 2. CITY City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: City's Signature Acknowledgement This instrument was acknowledged before me this the (title) the (title) [notary seal] 3. DEPARTMENT OF TRANSPORTATION By: Title: Director. State Aid for Local Transportation Date: 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: 5. ATTORNEY GENERAL As to form and execution By:_ Date: day of 20 by (name) _ and (name) of City of Shakopee NOTARY PUBLIC My Commission Expires: (Mn/DOT Agreement No. 82846) N:\FedAid\Agreement\SAMPLES\AGR—AC—DCP.doc 2/5/00 Page 4 RESOLUTION NO. 5716 CITY OF SHAKOPEE LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT -OF -WAY OF TRUNK HIGHWAY 169 AT COUNTY ROAD 79 WHEREAS, the City of Shakopee is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Shakopee has approved a plan to construct a pedestrian trail in the right -of -way of Trunk Highway 169 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby enters into a Limited Use Pen with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail within the right -of- way of Trunk Highway 169 (TH 169 = 005) of the State of Minnesota along County Road 79. The City of Shakopee shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTEHR RESOLVED, that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit. The City Council of the City of Shakopee adopted this resolution on the 7 1 day of May, 2002, by a vote of Ayes and Nays. William P. Mars Mayor ATTEST: Mark McNeill City Administrator (SEAL) F: WI "VIN 135 .4-00 Resolution Limited Use Permit Ck 79.doc MRS Ww C.S. City of Shakopee County of Scott In accordance with Minnesota Statutes Section 161.434 and Federal -Aid Policy Guide, Part 652, a Limited Use Permit is hereby granted to the City of Shakopee, the Permittee. This permit is for the purpose of constructing, maintaining and operating a pedestrian /bike trail, (hereinafter called trail), within the right -of -way of Trunk Highway 169 (T.H. 169 = 005) as shown in red on Exhibit "A ", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right -of -way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right -of -way. 5. Any and all maintenance of the trail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non - exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right -of -way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1- 800 -252- 1166 at least 48 hours prior to performing any excavation. Page 1 of 4 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A' subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 14. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation, the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in par that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right -of -way over which this permit is granted. Page 2 of 4 17. The Permittee shall hold harmless and indemnity the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right -of -way over which this permit is granted. 18. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and /or restrict the parking of vehicles and assemblage of trail users on the highway right -of -way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 19. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 20. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right -of -way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and /or against said lands. for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. Page 3 of 4 • 1 N. • 1 01; ta •'' • •§ By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date: By William P. Mars, Mayor And Date Mark McNeill, City Administrator The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Page 4 of 4 LIMITED PERMIT ROUTING APPLICANT CITY OF • r' Rm OFFICE NO. COMMENTS DATE RIGHT OF WAY SURVEYS PLANNING PRE- DESIGN WATER RESOURCES DETAIL DESIGN TRAFFIC PROJECT ENGINEER MUNICIPALITY A.D.E. A.D.E. FHWA PERMIT OFFICE RESOLUTION NO. 5717 CITY OF SHAKOPEE LIMITED USE PERINIIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT -OF -WAY OF TRUNK HIGHWAY 169 AT CSAH 17 (MARSCHALL ROAD) WHEREAS, the City of Shakopee is apolitical subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Shakopee has approved a plan to construct a pedestrian trail in the right -of -way of Trunk Highway 169 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail within the right -of- way of Trunk Highway 169 (TH 169 = 005) of the State of Minnesota along CSAH 17 (Marschall Road). The City of Shakopee shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTEHR RESOLVED, that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit. The City Council of the City of Shakopee adopted this resolution on the 7 th day of May, 2002, by a vote of Ayes and Nays. William P. Mars Mayor ATTEST: Mark McNeill City Administrator (SEAL) F:A\'f'WIN.1.5 -1-00 Peso Iution Limited U. ;c Permit CSAIf ITdoc STATE OF • TRUNK HIGHWAY 169 PEDESTRIAN BRIDGE AT C.S.A.H 17 C.S. City of Shakopee County of Scott In accordance with Minnesota Statutes Section 161.434 and Federal -Aid Policy Guide, Part 652, a Limited Use Permit is hereby granted to the City of Shakopee, the Permittee. This permit is for the purpose of constructing, maintaining and operating a pedestrian /bike trail, (hereinafter called trail), within the right -of -way of Trunk Highway 169 (T.H. 169 = 005) as shown in red on Exhibit "A ", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right -of -way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right -of -way. 5. Any and all maintenance of the trail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non - exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right -of -way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1- 800 -252- 1166 at least 48 hours prior to performing any excavation. Page 1 of 4 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 14. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation, the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in par that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right -of -way over which this permit is granted. Page 2 of 4 17. The Permittee shall hold harmless and indemnity the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right -of -way over which this permit is granted. 18. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and /or restrict the parking of vehicles and assemblage of trail users on the highway right -of -way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 19. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 20. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right -of -way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and /or against said lands. for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. Page 3 of 4 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer And Date COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date: The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Date William P. Mars, Mayor Mark McNeill, City Administrator Page 4 of 4 LIMITED USE PERMIT ROUTING SLIP APPLICANT CITY OF SHAKOPEE C.S. T.H. 169 TARGET DATE m T.H. 169 AT COUNTY STATE AID HIGH 17 OFFICE NO. COMMENTS DATE RIGHT OF WAY SURVEYS PLANNING PRE- DESIGN WATER RESOURCES DETAIL DESIGN TRAFFIC PROJECT ENGINEER MUNICIPALITY A.D.E. A.D.E. FHWA PERMIT OFFICE N ' -------- - - - - -- h r Q U _ - - - --� i i I I I i i I I I I O I ! f � 1 � f I I � i ! L ! I r r I r � s 0) N Z Q CO ;a o� a@ � 0 CO 100 CL m c i O O n 0 REVISED CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: C.R. 17 and C.R. 79 Pedestrian Bridge and Trail Improvement Project DATE: May 7, 2002 INTRODUCTION: The City needs to acquire easements for the construction of the pedestrian bridge and trail along County Road (C.R.) 79. All property owners for easements have agreed to an offer made by staff and this item is for the Council to authorize the payment of the easements. BACKGROUND: The pedestrian bridge and trail along C.R. 79 requires additional temporary easements from the property owners. Per Federal requirements, the City has contracted with Wilson Development Services to appraise the easements and make offers to the property owners. The offers that were accepted are as follows: Parcel #1 Jeffrey Peters $2,200.00 Parcel #2 John & Kathleen Boegeman $1,500.00 Parcel #3 Philip Hespenheide $ 800.00 The amounts listed above have been agreed to by the property owners and staff recommends Council authorize payment of those amounts. ALTERNATIVES: 1. Approve a motion for the appropriate City officials to acquire the easements for Parcel #1, #2 and #3 in the amounts of $2,200.00, $1,500.00 and $800.00, respectively. 2. Deny the easement acquisition. 3. Table this item for additional information. Staff recommends Alternative No. 1. ACTION REQUESTED: Approve a motion to authorize payment for easements from Parcel #1, #2 and #3, as described in the memorandum, and in the amounts of $2,200.00, $1,500.00 and $800.00 respectively. Bruce Loney Public Works Director Bllpmp EASEMENTS -BRIDGE /s, c. 3. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: C.R. 17 and C.R. 79 Pedestrian Bridge and Trail Improvement Project DATE: May 7, 2002 INTRODUCTION: The City needs to acquire easements for the construction of the pedestrian bridge and trail along County Road (C.R.) 79. A property owner for an easement has agreed to an offer made by staff and this item is for the Council to authorize the payment of the easement. BACKGROUND: The pedestrian bridge and trail along C.R. 79 requires additional temporary easements from the property owners. Per Federal requirements, the City has contracted with Wilson Development Services to appraise the easements and make offers to the property owners. The offers were as follows: Parcel #1 Jeffrey Peters $2,200.00 Parcel #2 John & Kathleen Boegeman $1,325.00 Parcel #3 Philip Hespenheide $ 800.00 The property owner of Parcel #1 has agreed to the City's offer. The other two property owners have not yet accepted, however, staff would like Council to authorize payment for all easements, if agreement is reached. ALTERNATIVES: 1. Approve a motion for the appropriate City officials to acquire the easements for Parcel #1, 92 and #3 in the amounts of $2,200.00, $1,325.00 and $800.00, respectively. 2. Deny the easement acquisition. 3. Table this item for additional information. Staff recommends Alternative No. 1. ACTION REQUESTED: I r i uce Loney Public Works Director BL/p-p EASEMENTS -BRIDGE 20' Cj 7U101 LM WILSON DEVELOPME;N.,MTT SERVICES Trovi&ng Acquh�itfon and Pelocation Services" M16: April 1.07 2002 To: Don Sterna, wsvl�. Fax-763-541-1700 W=�,�W Re: . Shakopm. - MnD0T . *166-090_001 and 177-090-002 The appraisal and review appraisal is now complete and ready for city approval to submit offers. As foll'crw's: Parcel # I Jeffrey-Peters 324 Sand Streit LakeState Appraisal $2,200 Foster Appriisal - Review 52,200 Parcel # 2. Yoh , ri &Kathleen 311 Sand Street Lake State Appraisal $1,325 Foster Appraisal. Review $1,325 Parcel 3 P 312 WuAd Street Lake Stite Appraisal $ Foster Appraisal - Review S800 Upon city approval, wt will prepare the offering documems and temporary easements. We anticipate 4 quick and response and settlement. 510 Chestnut $treet, Suite 200 ® Chaskz�, MN 55318 Office (952) 448-4630 x Fax- (952) 448-4676 Efnail: wilsondeYI55@c5.com 20/20'd 202,TTVS292, *3NI S31HIDOSSU '8 SSM 9E:ST F_00Z-T0 -AdW i / /P f CITY OF SAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Overhead Power Relocation on CSAH 83 /CSAH 16, Project No. 2001 -4 DATE: May 7, 2002 INTRODUCTION: This agenda item is to consider whether the existing power lines on County State Aid Highway (CSAH) 83 and CSAH 16, after relocation, should remain overhead or to require undergrounding of this power installation. This item is similar to the item previously discussed on February 5 th and March 19 on the overhead power relocation on the Valley View Road Project, and per the City's Right -of -Way Management Ordinance, Subd. 24 which relates to undergrounding of utilities. On the CSAH 83 and CSAH 16 project, there exists overhead power lines to serve property in this area of Shakopee and the traffic control signals on T.H. 169. The reconstruction of CSAH 83 and the realignment of CSAH 16 will require the relocation of existing power lines as part of this project, and also eventually with the new development of Valley Green Corporate Center. Per Subd. 24D of the City's Right -of- Way Ordinance, the City may require a permanent relocation of a facility and require this facility to be maintained underground, if the City finds one or more purposes as set forth in Subd. 24D would be promoted. The City staff has asked for a memo from Shakopee Public Utilities Commission's (SPUC) staff in regard to this issue and future plans for power lines in this area. Attached to this memo is a memo from Joe Adams of SPUC in regard to the relocation of this facility. From Mr. Adam's memorandum, SPUC will be installing new underground lines in this area to facilitate power needs in this area. Due to the fact that undergrounding new utility lines will be necessary, the cost of undergrounding existing overhead lines will be not be as great as previously determined for the Valley View Road Project. In this area, the City is responsible for the power to the traffic control signal on T.H. 169 under agreements with Scott County and Mn /DOT. After review of the information provided by SPUC and this memo, staff would ask Council to provide policy direction in regard to relocation of existing overhead lines in this area. SPUC will be meeting on May 6 to discuss this item and results of this meeting will be reported at the Council meeting. F,'V #4WUI Il ►VI NE 1. Approve a motion determining that the existing overhead power lines on CSAH 83 and CSAH 16 can be relocated. 2. Approve a motion determining that the existing overhead power lines on CSAH 83 and CSAH 16 shall be placed underground upon relocation. 3. Table for additional information. RECOMMENDATION: Staff believes this is a policy issue for the City Council on whether or not to require existing overhead lines along CSAH 83 and CCAH 16 to remain overhead or to be installed underground. Subd. 24D states the City (may require) this line to be installed underground and is in the discretion of the City Council. ACTION REQUESTED: Approve a motion determining on whether the existing power lines along CSAH 83 and CSAH 16, which requires relocation, remain overhead lines or to be placed underground. Bruce Lon Public W s Director BL/pmp 83 /16POWERLINES TO: Bruce Loney, Public Works Director FROM: Joseph D. Adams, Planning & Engineering Manager SUBJECT: CR 83116 REALIGNMENT DATE: May 2, 2002 We have estimated the cost to relocate the facilities affected by this project. I have broken the cost down into different segments running north, south, east, and west of the existing intersection. The cost estimates are for both overhead and underground construction. It appears possible to relocate the existing facilities overhead. The Commission has not provided staff with any direction to place any or all of the existing facilities underground, so it is our current plan to relocate the facilities overhead barring direction to the contrary from the Council (please advise). We are planning to place additional facilities in the project area for future growth and these will be placed underground. The Commission will be advised of these relocation costs at their meeting on May 6 th . DL-58 Circuit Sewn W nt Overhead Underground CR 83 north of CR 16 $ 5,300 $10,000* CR 83 south of CR 16 12,700 24,800 CR 16 east of CR 83 15,300 32,000 Eagle Creek Blvd. west of CR 83 7,700 18,100 Total $41,000 $84,900 must do the overhead first to maintain ramp signals service while the project being completed, so both costs are included i 1-5 C, -5 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Declaring Adequacy of Petition, Ordering an Improvement, Approve Plans and Specifications for 17 Avenue, from C.R. 79 to Colonial Street, Project No. 2002 -1 DATE: May 7, 2002 INTRODUCTION: The developer of Providence Pointe 2nd Addition and the developer of Westchester Estates submitted petitions for the construction of 17 Avenue, from C.R. 79 to Colonial Street. BACKGROUND: The developer for Providence Pointe and the developer for Westchester Estates has petitioned the City to construct 17 Avenue. Attached is Resolution No. 5719, declaring adequacy of petition and ordering an improvement. With 100% of the property owners petitioning the improvement, no public hearing is necessary, thus the project can be ordered. The plans and specifications for these improvements will be done by City staff. 1. Move to approve Resolution No. 5719, declaring adequacy of petition, ordering an improvement and preparation of plans and specifications for 17 Avenue, from C.R. 79 to Colonial Street. 2. Do not approve Resolution No. 5719. 3. Table this item for additional information. Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5719, A Resolution Declaring the Adequacy of Petition, Ordering an Improvement and Preparation of Plans and Specifications for 17 Avenue, from County Road 79 to Colonial Street, Project No. 2002 -1 and move its adoption. 1 4 1 Bruce Loney Public Works Director BL/pmp MEM5719 WHEREAS, certain petitions requesting construction of 17 Avenue, from County Road 79 to Colonial Street, has been filed with the Council on May 7, 2002; and WHEREAS, this petition is hereby declared to be signed by 100 percent of the properly owners affected thereby, no public hearing or notices are required, as per Minnesota Statutes Section 429.031. THEREFORE, D BY THE CITY COUNCIL CITY OF O' 11 1. That the improvement is ordered as hereinafter described: 17 Avenue, from County Road 79 to Colonial Street including street construction, turn lanes, storm sewer, sanitary sewer, watermain, street lighting, sidewalk bituminous trail and any appurtanant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 2002 -1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 7 2002. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE PETITION FOR PUBLIC UNIPROVEMENTS AND WAIVER OF ASSESSMENT RECITALS A. The undersigned is the fee owner of certain real Property legally described as Outlot A, Providence Pointe 1' Addition ("the Property"), which is being platted as Providence Pointe 2n Addition. B. As part of the subdivision and platting process for Providence Pointe 2nd Addition, the undersigned will be dedicating right -of -way for 17th Avenue. C. The undersigned desires the City of Shakopee to install the public improvements and assess the costs against the Property. D. The undersigned understands that 17th Avenue will be designated as a collector street, but that the assessments for 17th Avenue will be based on the equivalent local street costs in accordance with the City of Shakopee's ( "City ") assessment policy. E. It is understood by the undersigned that the City will be doing the Chapter 429 Public Improvements solely at the undersigned's request and for the undersigned's convenience and that the City would not be installing the improvements described in this petition without this waiver. F. The undersigned is voluntarily submitting this petition and understands that the City is relying on it as a condition of subdivision approval and proceeding with the public improvements. NOW, THEREFORE, the undersigned agrees as follows: The undersigned petitions the City to install the following improvements and to assess them against the Property pursuant to Nnnesota Statutes, Chapter 429: 17th Avenue from the most Easterly line of Outlot A, Providence Pointe I' Addition to CR 79 including street construction,_ turn lanes, storm sewer, sanitary sewer, watermain, street lighting, sidewalk and bituminous trail and appurtenant work; and, extension of sanitary sewer and watermain to 17th Avenue ("Improvement Project"). 2. The undersigned represents and warrants that it is the fee owner of the Property and that it has the full legal authority and power to encumber the Property. 3. The undersigned requests that the cost of the Improvement Project be assessed against the Property. The current estimated amount of the assessments is $565,675.00. The undersigned understands that the exact amount of the assessments cannot be determined at the present time, and understands that the final assessment will be determined in accordance with the City's adopted assessment policy. The undersigned understands that the waivers contained in this Petition are effective for the current estimated amount of the assessments and for any increases that are the result of requests made by the undersigned or any increases that are otherwise approved in writing by the undersigned. 4. The undersigned waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessment to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 5. The undersigned waives all right to appeal or otherwise contest or challenge the levy of the special assessment, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the improvement project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to such parcel. The undersigned further agrees that any requirements of Minnesota Statutes, Chapter 429 are waived to the extent that such requirements are not met. 6. The covenants, waivers and agreements contained herein shall run with the property and shall bind the heirs, successors and assigns of the undersigned. It is the intent of the City and the undersigned that this document be recorded as a part of the land records of Scott County, Minnesota. JJT- 20565441 2 SH155 -23 7. The terms and conditions set forth in this Petition shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. Dated this - V" day of E&bry0. -( � 2 00- - Town & Country Ho es, c. B Its V � - STATE OF MINNESOTA ) SS COUNTY OF �Eh i r1 ) The foregoing instrument was acknowledged before me this day of ��b�tla 20 0 by RJ r k C. RJ I +e k- the vFV65I dC ` — 1(ctq d _ of Town & Country Homes, Inc., a Minnesota corporation, on behalf of the corporation. KRISTA R. FLEMMING 5 NOTARY PUBLIC- MINNESOTA MYO A4CSSIONE)ffIES131-2006 Drafted by: Kennedy & Graven (JJT) 470 Pillsbury Center 200 S. Sixth Street Minneapolis, MN 55402 (i: Iclerk judyldeveagre /pet- TownCountry] Revised: November, 2001 MQ LOcJ Notary Public My Commission Expires JJT- 205654v2 3 SH155 -23 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS AND WAIVER OF ASSESSMENT RIGHTS fflmmmm A. Tollefson Development, Inc., a Minnesota corporation, owner and developer ("Developer") of certain real property legally described as follows: The south one -half of the northwest quarter of Section 18, Township 115, Range 22, Scott County, Minnesota. B. As part of the subdivision and platting process for Providence Pointe 2n Addition, Town & Country Homes, Inc. will be dedicating right -of -way for 17 Avenue, which will be constructed as part of the subdivision and platting process. The undersigned Developer is willing to grant the City an easement for the portion of 17 Avenue that lies within the Property. D. The Developer desires that the City of Shakopee install 17 Avenue and the related public improvements described in this Petition and assess the costs against the Property. E. The Developer understand that 17 Avenue will be designated as a collector street, but that the assessments for 17th Avenue will be based on the equivalent local street costs in accordance with the City of Shakopee's ( "City ") assessment policy. F. It is understood by the Developer that the City will be doing the Chapter 429 Public Improvements solely at the Developer's request and for the Developer's convenience and that the City would not be installing the improvements described in this petition without this waiver. G. The Developer is voluntarily submitting this petition and understands that the City is relying on it as a condition of proceeding with the public improvements. NOW, THEREFORE, the Developer agrees as follows: 1. The Developer petitions the City to install the following improvements and to assess them against the Property pursuant to Minnesota Statutes, Chapter 429: 17th Avenue from County Road 79 to the most easterly line of Outlot A, Providence Pointe I" Addition, including street construction, turn lanes, storm sewer, sanitary sewer, watermain, street lighting, sidewalk and bituminous trail and appurtenant work, and, extension of sanitary sewer and watermain to 17th Avenue ( "Improvement Project "). 2. The Developer represents and warrants that it is the fee owner of the Property and that it has the full legal authority and power to encumber the Property. 3. The Developer will grant the City at no cost a roadway and utility easement over the Property that is needed for the construction of the Improvement Project. 4. The Developer requests that the cost of the Improvement Project be assessed against the Property. The current estimated amount of the assessments is $135,575.00. The Developer understands that the exact amount of the assessments cannot be determined at the present time, and understands that the final assessment will be determined in accordance with the City's adopted assessment policy. The Developer understands that the waivers contained in this Petition are effective for the current estimated amount of the assessments and for any increases that are the result of requests made by the Developer or any increases that are otherwise approved in writing by the Developer. 5. The Developer waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessments to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 6. The Developer waives all right to appeal or otherwise contest or challenge the levy of the special assessments, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the improvement project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to such parcel. The Developer JJT- 209338v1 SH155 -23 further agrees that any requirements of Minnesota Statutes, Chapter 429 are waived to the extent that such requirements are not met. 7. The covenants, waivers and agreements contained herein shall run with the property and shall bind the heirs, successors and assigns of the Developer. It is the intent of the City and the Developer that this document be recorded as a part of the land records of Scott County, Minnesota. 8. The terms and conditions set forth in this Petition shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. Dated this _ day of A 4(�, , 2002. STATE OF MINNESOTA ) SS COUNTY OF The foregoing instrument was acknowledged before me this rr day of � 11 2002, by c �dr I°kthe OJ �e ( S t of Tollefson Development, Inc., a Minnesota corporation, on behalf of the corporation. (7'V J - - No a Public My- commission Expires Drafted by: Kennedy & Graven (JJT) ■ M 470 Pillsbury Center Ju0m -! S. CoX 200 S. Sixth Street I s NOTARYPEX MY COMMISSIOON N EXPIRES PIRES 1-31.2005 Minneapolis, MN 55402 ■ JJT- 209338v1 SH155 -23 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Accept Feasibility Report for Vierling Drive, from Sage Lane to CSAH 17, Project No. 2002 -5 DATE: May 7, 2002 INTRODUCTION: Attached is Resolution No. 5706, a resolution receiving a report and calling a hearing on the transportation improvements to Vierling Drive, from Sage Lane to County State Aid Highway (CSAH) 17, Project No. 2002 -5. BACKGROUND: On December 18, 2001, Resolution No. 5633 was adopted by City Council which ordered the preparation of a feasibility report for a transportation improvement to Vierling Drive, from Sage Lane to C.R. 17. The attached Resolution No. 5706 for Council consideration would accept the feasibility report, as prepared by WSB & Associates, Inc., and set a date for a public hearing for this project on June 4, 2002. The approval of Resolution No. 5706 does not order the project nor does it commit the Council to constructing the improvement. 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 and tenants of the businesses adjacent to the project area and the general public to address the City Council on the project. This project was initiated by the City Council, after review of the traffic analysis done by WSB & Associates, Inc. at its December 4, 2001 City Council meeting and to improve the transportation movements in this area. WSB & Associates, Inc. has completed the feasibility report, after looking at several alternatives, and has listed two alternatives in the report for Council consideration. Both alternatives recommend a traffic control signal system being installed on the west entrance to the Crossroads Center and Boulder Ridge commercial district, otherwise known as Heather Street, which is a private road to the shopping district. The alternatives on the most easterly entrance to the shopping district include concrete median alterations to change the full movement intersection to either a 3 /4 intersection or a right- in/right -out intersection. The feasibility report recommends the alternative for a 3 /4 intersection which would allow left turns from Vierling Drive into the commercial district, but no left turns out from the commercial district to Vierling Drive. This type of intersection would require left turns from Crossroads Center and Boulder Ridge to be done at the traffic control signal. Also included in this feasibility report is to assess the improvements 100% to the commercial district properties based on trip generation of each particular business. Staff believes this is a more fair way to assess the improvements, versus a per acre assessment method. The public hearing will be scheduled for June 4, 2002 by adopting Resolution No. 5706 and the final decision on the project to be ordered can be done after the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 5706, this action will receive the feasibility report and set the date for the public hearing for June 4, 2002. 2. Deny Resolution No. 5706, this action will halt the project until such time as the City Council reconsiders the resolution. 3. Table Resolution No. 5706 to allow time for staff to prepare additional information as directed by City Council. � u u U 1 _SLY [�]►`A Staff recommends Alternative No. 1, to adopt Resolution No. 5706, as this will allow for a public hearing and public input on the proposed improvements to decide on whether or not this project should move forward. ACTION REQUESTED: Offer Resolution No. 5706, A Resolution Receiving a Report and Calling a Hearing on Vierling Drive, from Sage Lane to County 17, Project No. 2002 -5 and move its adoption. Bruce Loney Public Works Director BL/p-p MEM5706 REAS, pursuant to Resolution No. 5633 of the City Council adopted December 18, 2001, a report has been prepared by the City Engineer, with reference to the improvement of Vierling Drive, from Sage Lane to County State Aid Highway 17 by a traffic control signal system, street concrete median and any appurtenant work and this report was received by the Council on May 7, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, from Sage Lane to County State Aid Highway 17 by a traffic control signal system, street concrete median and any 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 $276,203.13. 2. A public hearing shall be held on such proposed improvements on the 4th day of June, 2002, 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 2002 -5 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2002. Mayor of the City of Shakopee ATTEST: City Clerk 6ICL f CITY OF SAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Right -of -Way Plat No. 1 for the Sarazin Street and Valley View Road Improvement, Project No. 2001 -5 DATE: May 7, 2002 N. Attached is Resolution No. 5707, a resolution approving Right -of -Way Plat No. 1 for the right -of -way needed on parcels for the Sarazin Street and Valley View Road Improvement, Project No. 2001 -5 I: • ;� In the right -of -way acquisition process the consultant engineer for the design, Bolton & Menk, Inc., has recommended that the City prepare a right -of -way plat which can be recorded for the right -of -way needed on the Sarazin Street and Valley View Road Improvement Project. Attached to this memo is a resolution approving the Right -of -Way Plat No. 1 for the Sarazin Street and Valley View Road Improvement Project and the plat drawings showing the right -of -way needed for the project. ALTERNATIVES: Approve a motion adopting Resolution No. 5707, a resolution approving Right - of -Way Plat No. 1 for the Sarazin Street and Valley View Road Improvement Project right -of -way. 2. Do not approve Resolution No. 5707. 3. Table for additional information. Staff recommends Alternative No. 1, to approve the resolution approving Right -of -Way Plat No. 1 for the Sarazin Street and Valley View Road Project, which then can be recorded after the parcels have been obtained. ACTION REQUESTED: Offer Resolution No. 5707, A Resolution by the Mayor and City Council of the City of Shakopee, Minnesota Adopting Right -of -Way Plat No. 1 for the Sarazin Street and Valley View Road Improvement, Project No. 2001 -5 and move its adoption. Bruce Loney Public Works Director BUpmp MEM5707 I AIM WHEREAS, the City Council finds it necessary to acquire road right -of -way along Sarazin Street and Valley View Road and that such acquisition be accomplished using the procedures set forth in Minnesota Statutes, Section 505.1792; and WHEREAS, prior to filing the right -of -way plat with the County, the City of Shakopee must approve the right -of -way plat by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that City of Shakopee Road Right of Way Plat No. 1 is approved and that it be recorded with the County. 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V 133H5 33S I Z o N m O r � a Z O„ NO Cj y ob z� O j < W Z S W 3 U p F �2w O'.. uJ40 R, FI O hE f�"2m ?h a am Q iFy O THl d0 9 Nl7 1S3Y _ _ � SH.0 ..0 SM7 JSYS Ci w N =1 CZ o J • �l , t � 0 o o cs 8 0 z 0 z z 0 3. 0 0 O I OV 0 Z 0 zo C b o 0 EAST LOVE OF THE SE 1 1 4 OF THE SW 114 OF SSC. 17, TAP. 111, RCE. 116 /* of 0 co O 10 N N, Iz 0 C ; M Z Z . 20 2 ayz z� 'z, z I =i N J w Q6 ) N, z Z z 0 t-, ui Z 0 1 10 z z z z z In a Vpy lb x EAST LOVE OF THE SE 1 1 4 OF THE SW 114 OF SSC. 17, TAP. 111, RCE. 116 /* of 0 co O 10 N /E C pp, CITY OF SAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sarazin Street and Valley View Road Improvement Project Easement Acquisition DATE: May 7, 2002 INTRODUCTION: CGNSrNT The City needs to acquire easements for the construction of Sarazin Street and Valley View Road, City Project 2001 -5. A property owner for an easement has agreed to an offer made by staff and this item is for the Council to authorize the payment of the easement. BACKGROUND: City Project No. 2001 -5 requires additional easements from the property owned by Arthur L. Fonder and Helen H. Fonder Revocable Trust Agreement. Attached is a sketch of the easement area. The property owners have verbally agreed to the City's offer. 1. Approve a motion for the appropriate City officials to acquire the easements in the amount of $860.00. 2. Deny the easement acquisition. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. Approve a motion to authorize payment for an easement from Arthur L. Fonder and Helen H. Fonder Revocable Trust Agreement in the amount of $860.00. Bruce Loney Public Works Director BUpmp Fonderagreement Us � o r � U) m I 1 I� I? L € a S M- P� F�q3 R �n $ z Pig L _ Pig �9 c °J r I 1 I� I? L € a S M- P� F�q3 R �n $ z Pig L _ / I I / I I I I 1 I I I I I I I I I City of Shakopee Memorandum m From: Date: Subj ect: Introduction Honorable Mayor, City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police f April 12, 2002 COPS Universal Hiring Program (UHP) 2002 Grant Application The Police Department is seeking authorization to make application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) for a COPS Universal Hiring Program 2002 grant award. Background The COPS Office has allocated funds to be used for the hiring of new police officers. The UHP grants enable local law enforcement agencies to supplement their current sworn forces. The grants will be made for up to 75% of the approved entry -level salary and benefits of each newly hired additional officer position over three years. There is a maximum federal contribution of $75,000.00 per officer position over the three -year grant period. The funding will begin once the new officers have been hired on or after the date of the award, and will be paid over the course of the grant. Budget Impact A minimum 25 percent local cash match is required from funds not previously budgeted for any law enforcement purpose. The annual cost of a new police officer, including benefits, is in the neighborhood of $50,000. Recommendation The recent budget concerns driven by statewide reductions in aid to cities creates an environment that would support a successful grant application. It is uncertain when the police department will be able to fill its sworn budgeted positions with vacant positions carrying over to the next budgetary period. Considering these recent developments Staff would recommend the grant application be submitted. Action Requested If Council concurs, they should, by motion, authorize the appropriate City staff to make application to the U.S. Department of Justice, COPS Office for a COPS Universal Hiring Program,(Ul -D) 2002 grant. Chief of Police CITY OF SHAKOPEE '� Police Department � Memorandum To: Mayor and City Council Mark McNeill, City Administrator kvi _ From: Bob Forberg, Administrative Sergeant Subject: Access Agreement Minnesota Repository of Arrest Photos Date: April 19, 2002 Introduction: Council is asked to consider allowing appropriate city staff to enter into an agreement with the Minnesota Bureau of Criminal Apprehension. This agreement would allow appropriate Police Department staff to access the Minnesota Repository of Arrest Photos maintained by the Minnesota Bureau of Criminal Apprehension and to sign the Joint Powers Agreement allowing such. Background: The Minnesota Repository of Arrest Photos (MRAP) is and effort by the State of Minnesota to develop a central database of digital arrest photographs, to support Minnesota's criminal justice agencies. The State of Minnesota seeks to identify and implement a solution that will operationally support the reception of photos transmitted by jails and booking facilities throughout the state. The repository will accept photographs meeting the statewide standards, including mug shots, composites, scars, marks, or tattoos, and the corresponding descriptive and demographic data collected at the time of arrest. The Repository will support all functions of a full- service digital imaging arrest photo system for the purpose of assisting Minnesota criminal justice agencies in solving crimes and identifying suspects and criminals. Such system solutions much provide full inquiry /investigation features, i.e. lineups, Boolean searches, ect. The purpose of this project is to improve public safety and reduce crime in Minnesota by enhancing various aspects of criminal identification and through the apprehension of criminals. More specifically this project will assist local criminal justice agencies in solving crimes by providing them a database of arrest photos gathered from throughout the State and allow local agencies to search that database for individuals who match suspect data. It will implement facial recognition technology to allow local law enforcement agencies to link their local crime photos to photos and data in the Minnesota Repository of Arrest Photos. It will provide suspect lineups, create electronic mug books and improve the potential for positive identification, thereby making it more difficult for criminals to slip Pg. —2- Memo to Council Joint Powers Agreement /MRAP though the criminal justice system by changing residences to different jurisdictions or providing false name and/or dates of birth. This service is provided by the State of Minnesota at no cost. The City Council, if they concur, should authorize the appropriate city officicails to enter into the joints powers agreement with the State of Minnesota for the Minnesota Repository of Arrest Photos. DH:ms Attachments: 1. Joint Powers Agreements (3 copies) STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY •� �' • ACCESS AGREEMENT # According to Minnesota Statute 471.59., Subd. 10, this Joint Powers Agreement is entered into on by and between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal 1 Apprehension, Criminal Justice Information System Section, ( "DPS ") and City of Shakopee Police Department, 476 Gorman Street Shakopee, MN 55379 a Minnesota Criminal Justice Agency as defined in Minnesota Statute, Chapter 299C.46, Subdivision 2, ("Agency")- This agreement details the obligations and requirements placed on the Agency that is connected to the State's Criminal Justice Data Communication Network and who will have access to the Minnesota Repository of Arrest Photos ( "MRAP ") or may acquire MRAP information through a third party who has direct access to the MRAP through th e Criminal Justice Data Communication Network. The DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of the State's MRAP. n With respect to MRAP information and related information as maintained and/or provided by DPS, it is agreed that: A) DPS will furnish to an Agency, via a web interface, such information as is available from the MRAP. No Agency will furnish to a non - criminal justice entity any information from the MRAP. Non - criminal justice entities must be referred to the originating agency for dissemination of information contained in the MRAP. B) The DPS reserves the right to suspend furnishing MRAP information to an Agency when any rule, policy, or procedure has been or appears to have been violated. DPS may reinstate the furnishing of MRAP information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. C) Reports and other hard copy products containing MRAP information are to be outputted only on printers within the Agency. All MRAP output documents must be transported, handled, and stored only by Authorized Employees. The Agency is responsible for the correct and legal dissemination and use of all data and records it receives. D) All transactions with the MRAP will be logged by DPS. DPS will maintain these logs for at least one year from the date of the transaction. E) An individual's right to review and challenge of his /her own record is an integral part of the system. Appropri- ate identification, including fingerprinting, of the individual may be required before any MRAP information can be disseminated to the individual. The originating agency may verify fingerprints associated with the record on file are those of the individual to verify he /she is who they purport to be. Page 1 of 6 II) PERSONNEL: A) The Agency will make criminal history checks on all Agency employees that will have access to MRAP information. An Agency employee who is not cleared must not have access to the MRAP information, only Authorized Employees will have access to MRAP information. B) All personnel who have access to any of the interconnect equipment must be screened under the authority and supervision of the criminal justice agency. This screening will also apply to all maintenance personnel, contract technical personnel, and all other individuals having unescorted access to any of the interconnected equipment. C) The criminal justice agency may promulgate policies and procedures directed toward protection, security and dissemination of the data. D) In the event of an emergency related to an individual's health or well being, those persons answering the emergency call must be accompanied by an Authorized Employee if the event is located in an area where security of the Criminal Justice Data Communication Network and its associated data system could be compromised. E) Casual visitors or those on tour of the Agency in areas where the equipment is located must be escorted by an Authorized Employee responsible for their presence at all times. F) The Agency agrees to initiate, at the request of State, disciplinary action up to and including termination of personnel having access to MRAP systems where such persons violate the provisions of this agreement or other security requirements established for the collection, storage, or dissemination of MRAP information. The Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) Personnel assigned by the Agency receiving MRAP information will be provided system training by the DPS. Training may be in the form of a formal class, computer based training or self -study guide. I) DPS will provide documentation and/or manuals on the correct use of the MRAP for users. The Agency must disseminate the documentation or manuals to all of their employees who utilize the MRAP. This documentation and/or manuals are to be maintained in a secure manner by the Agency. III) EQUIPMENT A) Only terminals, printers, computers, and associated equipment approved by DPS may be connected to the Criminal Justice Data Communication Network (CJDN) by the Agency. (Note: this does not include terminal equipment on the agency's end of their computers.) B) No equipment, including terminals and printers on the Agency's end of their computers, may be added to the CJDN without the express permission of DPS. M DATA /INFORMATION: A) The accesses the Agency will be allowed will be determined by DPS and the Agency. The Agency may request additional accesses. The Agency agrees that the decision of DPS as to what information will be made available to the Agency is final. Page 2 of 6 B) If the Agency enters data and information into the MRAP, the Agency will have sole responsibility for the accuracy, completeness and timeliness of it. C) Data and information that the Agency receives from the MRAP must be verified with the originating agency before acting upon it. D) The Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in their access, use, storage and dissemination of all data and information entered into or received from the MRAP. V) COSTS: A) Network communication line costs fall under the CJDN Access Agreement. B) All maintenance costs for Agency owned equipment is the responsibility of the Agency. VI) ADDITIONAL TERMS: A) All electronic equipment that is interconnected to the Criminal Justice Data Communications Network must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data. This includes equipment provided by DPS, the Agency, or acquired from any other source. Failure by the Agency to provide adequate security will warrant the removal of the equipment from accessing the MRAP and DPS' CJDN network. B) All rooms containing interconnected equipment must remain locked from exterior entry at all times. C) Tampering with, or attempting to compromise security is to be regarded as a serious offense that will result in disciplinary action being taken by the Agency. D) Without the express written approval of the DPS to the contrary, all the hardware between the DPS' CPU and the user's equipment must be dedicated to criminal justice operations and cannot be shared or used for other purposes. E) There can be no "dial -in" lines into the Agency's Multiple Access Computer unless that access conforms to the DPS' Security Policy as outlined in the CJDN Access Agreement. F) Changes to this agreement may be introduced by either the DPS or the Agency. The modifications will not become effective until an addendum to this agreement or amendment to this agreement is fully executed. G) This agreement will become effective on March 15, 2002 or upon the date that the final required signature is obtained by the DPS, pursuant to Minn. Stat. § 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until March 14, 2007 or until all obligations set forth in this agreement have been satisfactorily fulfilled or the agreement has been canceled, whichever happens first. H) Both DPS and the Agency may, upon 90 days written notice, terminate this agreement. I) The cost of all facilities, devices or equipment set forth in this agreement which contributes to the security and safety of the CJIS System within the Agency is the responsibility of the Agency. Page 3 of 6 J) The Agency agrees that designated DPS employees will have the authority to audit, monitor, and inspect all procedures and facilities established pursuant to this agreement. This will include DPS' right to attempt to breach Agency's security as it relates to the provisions of this agreement. K) The Agency shall indemnify, save and hold the DPS, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the DPS, arising from the performance of this agreement by the Agency or Agency's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the Agency may have for the DPS' failure to fulfill its obligations pursuant to this agreement. The Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01- 466.15 and other applicable law. L) The DPS and the Agency will abide by all present and future rules, policies, and procedures adopted by the DPS or the NLETS Board of Directors, or as approved by the FBI -NCIC Policy Board and adopted by FBI - NCIC. DPS will propose no changes in the rules, policies, and procedures adopted by it without notice to all agencies and provision of a 30 day period in which an agency can submit written comments to the DPS. M) An Agency that provides MRAP access and /or services to another agency must have a written agreement with that agency. The Agency must provide a copy of the agreement and any amendments to DPS. This does not prohibit the Agency from providing information, on a one -time basis per case, to another Law Enforcement Agency who is conducting an investigation in the Agency's jurisdiction. N) The books, records, documents and accounting procedures and practices of the Agency and its employees, agents or subcontractors relevant to this agreement shall be made available and subject to examination by the DPS, including the contracting Agency /Division, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this agreement. VII)MANAGEMENT CONTROL: If the Agency does not own and /or operate their own equipment, they must have a Management Control Agreement with the entity providing the service which at a minimum must includes the following: A) The ability of the Criminal Justice Agency to set and enforce priorities for the system usage, which includes the Criminal Justice Data Communication Network functions having the highest priority on the system. B) The Criminal Justice Agency will have the right to screen and reject for employment in areas where the equipment is located or the system is maintained, all persons who do not meet the security screening requirements. C) The entity providing service to the Criminal Justice Agency will agree to and abide by all the requirements of the MRAP Access Agreement and all of its amendments and successors. VIII) DEFINITIONS: A) Authorized Employee. An employee who has been granted clearance by the Agency thereby allowing access to MRAP information. The Agency in granting the clearance must have done a criminal history check on the employee. Page 4 of 6 B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statute, Chapter 299C.46, Subdivision 2, or subsequent State law or regulations which may supersede Minnesota Statute, Chapter 299C.46, Subdivision 2. C) MRAP information. The digital images and corresponding data elements transmitted to the MRAP database. D) Criminal Justice Data Communication Network. The network, including the equipment, circuits, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal justice information, and may include related systems that directly contribute to the criminal justice information system. E) Authorized Access Device. A device in a user agency which, by virtue of a signed contract with Department of Public Safety, is allowed access to the criminal justice information systems. F) Casual Visitors. Persons who have irregular access to the Data Center. G) Computer Center. The specific location(s) of all computers and associated equipment including terminals and printers upon which criminal justice information is processed. R) Data Center. The total physical space(s), inclusive of the computer center, where crminal justice information systerns are developed, maintained, or operated. 1) Management Control. The authority to set and enforce standards for the selection and termination of personnel, and for policy governing the operation of computers, telecommunications devices, and circuits used to process criminal justice information insofar as the equipment is used to process, store, or transmit the information. Management control includes the supervision of the systems design, programming, and operating procedures for the development, modification, maintenance, and processing of computerized criminal justice information either as a function by itself or with other non - criminal justice applications. ,n Multiple Access Computer. An electronic device that has multiple input and/or output units such as terminal and printers, or is attached to or part of a network that has multiple devices or computers on it. This does not include stand alone micro computers. K) NCIC (National Crone Information Center). A division of the Federal Bureau of Investigation of the U.S. Department of Justice which maintains a nationwide computerized information system established as a service to all criminal justice agencies -local, state, and federal. NCIC's main purpose is to assist the criminal justice organizations in performing their duties by providing a computerized filing system of accurate and timely documented infonation, readily available to each criminal justice organization. L) NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated, non - profit organization whose purpose is to provide a nationwide criminal justice data communications system. M) Pennanent Visitors. Persons having regular access to the Data Center but who are not Authorized Employees. This term shall include contract and vendor personnel who have access to the Data Center. IX) ACKNOWLEDGMENT: As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in this agreement as well as those documents incorporated by reference. I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness and completeness of Page 5 of 6 MRAP information. I fi rther acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the termination of access to MRAP infonnation. 1. AGENCY AGENCY certifies that the appropriate person(s) have executed this agreement on behalf of the AGENCY as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date PDate GENERAL ign on behalf of the attorney general as to form n: 2. DEPARTMENT OF PUBLIC SAFETY ( with delegated authority) By: Title: Date 3. DEPARTMENT OF ADMINISTRATION Date: Page 6 of 6 e o 10'. 1 - 670 7 � - M* �:4 Memorandum To: Honorable Mayor and City Council Members cc: City Administrator From: Terry Stang, Fire Chief Date: 04/17/02 Re: Purchase of Firefighting Turnout Gear 2002 CONSENT WN 0 M 1 The purchase of new firefighting turnout gear is a $15,000 line item in the 2002 annual budget under operating supplies. The Shakopee Fire Department would like to purchase 9 sets of firefighting turnout gear at this time. Additional sets may need to be purchased later in the year due to firefighter station response changes or gear damage over the course of the year We received two bids for firefighting gear. One from Fire Equipment Specialties and one from Lion Apparel. The bid prices for 9 sets are listed below: 1. Fire Equipment Specialties $11,655.00 2. Lion Apparel $12,447.00 ACTION REQUESTED The Department is requesting that the City Council authorize the purchase of 9 sets of firefighting turnout gear from Fire Equipment Specialties for the amount of $11,655.00. REC0AV4ENDED ACTION: Approve the purchase of 9 sets of firefighting turnout gear from Fire Equipment Specialties for the amount of $11,655.00. U F Eq UIPM e nt Shakopee Fire Department 27 00 Drive S hakopee , Nfinnesota 5531l Dave April 1 5, 2002 f t i 11 4 < � i it • 3' (11) CMDM2KIC2K7 Commando Turn-Out Coats, 29" In Length 7.0 oz. PBI ISOM System (Per. Shakopee Fire Dept. Specifications) $695.00 ea. / 7,645.00 I'll) PSLM2KIP2K7 1 Lum Tur -Out Pa n ts 0 oz. It lr ' ` Syste (Per. Shakopee Fire Dept. Specifications) $575. . / $6,325.00 ., SUPER ._ P a d ded S uspe nd e (P $25.00 pr. / $275.00 Tha Y ou Sincerely Avaflabdity: 60-75 Days AZ® Mike Larson Fire Equipment Specialties, Inc. 651.730.46 Apr 16 02 94:54p Mike Kucharski 913 -764 -7279 p.2 LION APPAREL A- 27 DiD vi Drive S hakopee MN A. s s• +• na,e t; W . , � a !, Ja An currency in US do3;trR Frei ght n ot paid Delivery i s d ays T If y ou have a a t't • • • •a. •• ' t p l ea se call • • 6 4 J 0 POE AYE P_0. 50X lWi7 0 A Y T 0 N 0 H 1 0 45413.076 800.4212926 TF 937898.1 FAX 937 898.9204 PROTECTIVE SYSTEMS GROUP 1398 -1996 A CENTURY OF SERVICE Mlcl 3ael i=. -R manager, Lion Apparel ai , <r a>t• ••a /S� City of Shakopee Memorandum CWNSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Resolution No. 5699 authorizing an agreement with the Shakopee Community Access Corporation and accepting transfer of community access programming assets MEETING DATE: May 7, 2002 Introduction Attached is Resolution No. 5699, which authorizes an agreement with the Shakopee Community Access Corporation and accepts the transfer of Community Access Programming assets. Background Since the adoption of the Telecommunications Commission on February 19, city staff has worked with the Cable Access Corporation to transfer assets to the City of Shakopee. Other than general operational expenses, the Access Corporation has incurred no debt, and has roughly $330,000 in reserves and receives about $165,000 annually in franchise fees. The Telecommunication Commission will come forward at a future date with a budget and plan for these funds. Budget Impact The City will not absorb any debt by transferring the assets from the Cable Access Corporation, but will receive up front about $165,000, and $165,000 annually for telecommunication needs. Currently the Access Corporation has about $330,000 in revenues; however, $168,000 has been dedicated for the construction of the INET. Action Requested Offer Resolution No. 5699, a Resolution authorizing an agreement with the Shakopee Community Access Corporation and accepting transfer of community access programming assets. RESOLUTION NO. 5699 AUTHORIZING AN AGREEMENT WITH THE SHAKOPEE COMMUNITY ACCESS CORPORATION AND ACCEPTING TRANSFER OF COMMUNITY ACCESS PROGRAMMING ASSETS WHEREAS, the City of Shakopee ( "City") established the Shakopee Telecommunications Advisory Commission by Resolution No. 5655; and WHEREAS, among other duties, the Telecommunications Advisory Commission is authorized to operate the public access studio and access channels and develop and adopt advisory policies for such operations; and WHEREAS, the City intends to enter into an agreement with the Shakopee Community Access Corporation ( "SCAC ") providing for the grant and transfer of all assets of SCAC to the City; and WHEREAS, such agreement with SCAC will enable the Telecommunications Advisory Commission to operate the public access studio and access channels. BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota as follows: 1. The City authorizes execution of an agreement providing for the grant and transfer of all assets of SCAC to the City. 2. In accordance with Minnesota Statutes, Section 465.03, the City accepts the grant and transfer of assets pursuant to such agreement. 3. City staff are authorized and directed to take all actions necessary to implement the agreement with SCAC. Adopted in adjourned regular session held this day of , 2002. William P. Mars, Mayor ATTEST: Judith S. Cox, City Clerk RJV- 212101v1 SH155 -22 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 571 Redemption of 1980A Kmart IDB Bonds DATE: May 2, 2002 Introduction Council is requested to direct the payoff of the 1980A Kmart IDB bonds. Background Kmart was the tenant and guarantor of the payment on the IDB bonds for the store. American Real Estate Holdings Limited Partnership is the Investor Developer. American has requested that the City call the bonds for payment to close the bond issue. The city has no liability for these bonds. There is $260,000 outstanding and the trustee will take care of all the details. Note: If Kmart makes the first half property tax payment on the warehouse, the last TIF bonds can be paid and TIF District #1 will close this year. Action Offer Resolution No. 571S a RESOLUTION PROVIDING FOR THE REDEMPTION OF INDUSTRIAL DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES A 1980, and move its adoption. Gregg,,Voxland Finance Director C: \Srre94 \memo\ RESOLUTION NO. 5715 1 51 -1110- • I • 1 BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (the "City ") as follows: 1. It is hereby determined that: (a) the City has received a request from American Real Estate Holdings Limited Partnership of 100 South Bedford Road, Mount Kisco, New York 10549 (the "Developer"), as successor to Financial Properties Developers, Inc., for the City to redeem its Industrial Development First Mortgage Revenue Bonds, Series A 1980 (the "Bonds ") which were originally issued in the original aggregate principal amount of $1,000,000 on March 12, 1980, to assist in the development of a K -Mart store located in the City and originally developed by Financial Properties Developers, Inc.; (b) K -Mart has vacated the real property developed with the proceeds of the Bonds (the "Property") and the Property is now vacant; and (c) the Developer is obligated to pay the outstanding principal amount, premium (if any), and accrued interest on the Bonds upon redemption. 2. The Mayor and the City Administrator are authorized and directed to take all necessary action to properly redeem the Bonds and to cooperate with U.S. Bank National Association, as trustee for the Bonds, to properly redeem the Bonds. 3. This resolution is contingent upon the Developer's agreement to pay for all of the City's expenses and fees related to the redemption of the Bonds, including all attorneys' fees and all fees or expenses of the City's financial advisor relating to the redemption of the Bonds. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1 2002. Mayor of the City of Shakopee ATTEST: City Clerk SJB- 213975 SH155 -120 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: STATE OF MINNESOTA ) COUNTY OF SCOTT ) CITY OF SHAKOPEE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, May 7, 2002, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the redemption by the City of its Industrial Development First Mortgage Revenue Bonds, Series A 1980. WITNESS My hand as City Clerk and the corporate seal of the City this day of May, 2002. City Clerk City of Shakopee, Minnesota (SEAL) SJB- 213975 SH155 -120 Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shakopee, Scott County, Minnesota, was held at the City Hall in the City on Tuesday, May 7, 2002, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: The following resolution was presented by Councilmember , who moved its adoption: SJB- 213975 SH155 -120 15-F. 3, City of Shakopee Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Request for Proposal —Cable Audit MEETING DATE: May 7, 2002 Introduction City Council is asked to approve the cable audit UP to conduct a television compliance verification of franchise fee and PEG fee payments made by Time Warner /AOL over the past three (3) years. Background Time Warner /AOL is the City's non - exclusive cable provided and currently is in the renewal process of its 15 -year cable franchise. In the franchise agreement, Time Warner is required to pay 5% of gross revenues and .40 /cable customer for PEG (Public, Education, Government) fees. Formerly, the Shakopee Cable Access Corporation received such fees; however, the City has begun to receive such fees and dedicated them to its Telecommunications fund. In an effort to ensure that 1) cable customers are being charged correctly and 2) City is receiving the correct amount of franchise and PEG fees, staff feels that an audit to verify the compliance with the franchise agreement is necessary. Action Requested Council is asked to approve the cable compliance audit RFP to allow for distribution to accounting firms. Tracy Coe en Assistant to the City Administrator REQUEST FOR PROPOSALS For CABLE TELEVISION FRANCHISE COMPLIANCE VERIFICATION of FRANCHISE FEE and PEG FEE PAYMENTS BY TIME WARNEWAOL (By invitation only) Send Proposals to: City of Shakopee Attn: Tracy Coenen, Assistant to the City Administrator 129 South Holmes Street Shakopee, MN 55379 Page 1 of 6 REQUEST FOR PROPOSALS FOR FRANCHISE COMPLIANCE VERIFICATION I. PURPOSE OF THE REQUEST City of Shakopee (hereafter referred to as "City") is seeking proposals from qualified accounting firms to conduct an initial "desk review" (phase 1) and possibly, if recommended and approved by the City Council, after considering the results of the desk review, a more in -depth "audit" (phase 2) of Time Warner /AOL's (and its predecessors') required payments to the City. The City's wish to verify Time Warner/ AOL's cable television franchise compliance in its payment of franchise fees and "PEG" (Public, Education, and Government) support fees to the City in the time period commencing January 1, 1999, and ending December 31, 2001 (three calendar years). Specifically, the desk review is to cover the time period commencing January 1, 2000, and ending December 31, 2001, and if a subsequent audit is conducted, the audit is to cover the time period commencing January 1, 1999, and ending December 31, 2001. The purpose of the compliance verification is to review the franchised company's accounting for and reporting of gross revenues and PEG fees against what is required under its franchise agreements with the City. This desk review (phase 1) and possible audit (phase 2) will provide the City with a record of the compliance maintained by Time Warner /AOL (and its predecessors). In addition, if the desk review leads to a recommendation and approval by the City to conduct a full audit, the audit is intended to review the company's system of internal controls. A system of internal controls is broadly defined as the set of techniques or procedures which the company uses to 1) safeguard its assets; 2) provide reliable accounting information; 3) encourage adherence to management's policies; and 4) ensure operating efficiency. During the audit, the auditor will be most concerned that the cable company's internal reporting and control system provides reliable revenue and PEG fee accounting information. II. OBJECTIVES OF REQUEST A. To identify all sources of revenue of Time Warner /AOL derived from subscribers in the Cities' franchise areas. B. To verify that the accounting methodology used by the company is accurately calculating the gross revenue and making the proper adjustments to ensure that franchise fees received by the City true and correct and in accordance with the franchise agreements. C. To verify that the accounting methodology used by the company is accurately calculating the PEG fees and making the proper adjustments to ensure that PEG fee payments received by the City are true and correct and in accordance with the franchise agreements. Page 2 of 6 III. FORMAT OF PROPOSALS A. The City is seeking proposals for this project. Bids should be submitted in the following categories: 1. Desk review a. Cost for the City of Shakopee 2. Full audit a. Cost for the City of Shakopee IV. INSTRUCTIONS TO PROPOSERS A. The following schedule will serve as a timetable for the RFP, proposals, and the review /possible auditing process: May 28, 2002 - Proposals due June 4, 2002 - City select firm for "desk review" (phase 1) July 9, 2002 - Report and recommendation from auditor due July 16, 2002 - City discuss auditors' report; consider possible recommendation (if appropriate) for full audit (phase 2) September 10, 2002 - Report and recommendation from audit due B. All proposals should be sent and all questions and correspondence should be directed to: Tracy Coenen, Assistant to the City Administrator, City of Shakopee 129 South Holmes Street Shakopee, MN 55379, 952- 496 -9673, tcoenen @ci.shakopee.mn C. All proposals must be in written form and received no later than 12 p.m. (noon) Tuesday May 28, 2002. D. The City reserves the right NOT to select any of the firms that submit proposals. V. PROPOSAL CONTENTS A. (Phase One) DESK REVIEW. Proposed methodology for the desk review to include: detailed work plan and methodology for meeting objectives, project management methods and controls, description of division of responsibilities between the auditor and the City, timetable and deadlines, expected product. B. (Phase Two) AUDIT of FRANCHISE FEE AND PEG FEE PAYMENTS. If compliance problems or concerns are raised as a result of the desk review, and if the auditor recommends and the City approve conducting a full audit of franchise fee and PEG fee payments by the cable company. Proposed methodology for the audit to include: 1. Detailed work plan and methodology for meeting objectives 2. Project management methods and controls. Samples of typical progress reports. Coordination of subcontractors, if applicable. Page 3 of 6 3. Description of the divisions of responsibilities between the auditor and the Cities' Administrator(s). 4. Timetable of major events, activities, and the expected product. C. EXPERIENCE OF THE AUDIT TEAMS )—A list of auditor and contractor personnel to be assigned to the project, including: 1. Resumes of key personnel to be assigned to this project 2. Listing of estimated hours of participation and the applicable duties for key personnel listed 3. Applicants shall have at least three (3) years experience in performing franchise audits of telecommunications and/or other utilities or similar industries 4. Please indicate any real or potential conflicts of interest your firm may have 5. Provide a list of references and a description of the auditor's and contractor's cable field experience D. FEES —A detailed cost outline of fees must be submitted for each of the categories listed above in "III. FORMAT OF PROPOSALS ": 1. A listing of estimated hours of participation and the applicable billing rates for key personnel 2. Describe content and quantity of work done by other key personnel, and charges for such work 3. A listing of contractors and the work they will perform 4. Indicate a "not to exceed" total cost. If unable to provide, for any reason, please describe in detail the reasons that prevent you from establishing a "not to exceed" total cost. VI. INSURANCE— Selected auditor will be required to provide proof of any and all required insurance prior to the City's approval of engagement agreement(s). VII. SCOPE OF WORK A. (Phase One) DESK REVIEW of franchise fees and PEG fee payments 1. Review of Time Warner /AOL records of all revenue received by the cable operator for accuracy and completeness, assuring that all revenues that should be included in the computation of franchise fees are included. The review period is January 1, 2000 through December 31, 2001. 2. Review of Time Warner /AOL records of subscriber counts, PEG fee revenues, and PEG fee quarterly payments to Commission(s) for accuracy and completeness, assuring that all subscribers that should be included in the computation of PEG fees are included. The review period is April 1, 2000, (the beginning of the renewed franchise with PEG fee requirements) through December 31, 2001. 3. Requirements: The selected auditor will be requested to perform or provide the following: Page 4of6 a. Determination of whether cable operator is abiding by the terms and conditions of the Franchise Agreement, in determining gross revenues, franchise fees, and PEG payments, as defined by the Agreement. b. Findings of compliance with the Franchise Agreement and any additional findings of the desk review, including if applicable, any underpayment of franchise fees or PEG payments by the cable operator to Commission(s). (1.) Outline and define any areas where noncompliance may exist, if any, and recommended action to correct. (2.) Recommendation of whether full audit should be conducted c. If hired by the City of Shakopee, a final written reports will be required. B. (Phase Two) AUDIT of franchise fees and PEG fee payments 1. Review (possibly on site) Time Warner /AOL records of all revenue received by the cable operator for accuracy and completeness, assuring that all revenues that should be included in the computation of franchise fees are included. The review period is the last three years, January 1, 1999, through December 31, 2001. 2. Review (possibly on site) Time Warner /AOL records of subscriber counts, PEG fee revenues, and PEG fee quarterly payments to City for accuracy and completeness, assuring that all subscribers that should be included in the computation of PEG fees are included. The review period is April 1, 2000, (the beginning of the renewed franchise with PEG fee requirements) through December 31, 2001. 3. Requirements: The selected auditor will be requested to perform or provide the following: a. Determination of whether cable operator is abiding by the terms and conditions of the Franchise Agreement(s), in calculating gross revenues, franchise fees, and PEG payments, as defined by the Agreement. b. Findings of compliance with the Franchise Agreement(s) and any additional findings of the audit, including if applicable, any underpayment of franchise fees or PEG payments by the cable operator to the City. c. Outline and define any areas where noncompliance may exist, if any, and recommended action to correct. d. Detailed list of all revenues collected by cable operator. Definitions of all revenue categories listed. e. Identification of all revenue sources from which franchise fees are presently calculated. f. Audit of revenue base currently used for calculations of franchise fee and identification of other sources that should be included in the fee calculation under the current franchise. Questions on revenue sources that may be included should be directed to the Assistant to the Administrator. g. Detailed list of subscriber counts and PEG fee revenues collected by cable operator April 2000 through December 2001. h. Audit of PEG fee payments made compared to payments required under Franchise Agreement. Page 5 of 6 4. Final Report and Presentation a. If hired to conduct a full audit, a final written report is due by September 10, 2002. If the City was underpaid according to the terms and conditions of the franchise agreement(s), substantiated evidence should be provided in written report(s). b. A final in- person presentation may be requested by the City. Additional costs for this presentation should be listed separately from other fees. VIII. TERMS AND CONDITIONS A. The City will not be liable for any costs incurred by the firms responding to this request. B. Upon submission, all proposals become the property of the City, which retain the right to use any ideas presented in any proposal submitted, whether or not the proposal is accepted. C. The City shall pay the firm(s) for services on the basis of the approved fee or fee schedule per the proposal, as reflected in a written engagement agreement. D. The City shall pay for all services and items under the proposal upon receipt of written invoices provided by the firm(s) after completion of the project, or on such schedule as may be mutually accepted by the City. E. The successful applicant(s) shall conduct this desk review and possible audit in accordance with generally accepted accounting principles and in compliance with all applicable state, federal, and local statutes. IX. GENERAL INFORMATION The accounting records for Time Warner /AOL serving City of Shakopee franchise areas are believed to be located in Shakopee, Minnesota, City will assist the selected firm in obtaining necessary information from Time Warner /AOL and if necessary, access to on -site records of Time Warner /AOL. Page 6 of 6 la, F. q.1 City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Dan Vroman Resignation from the Telecommunications Commission MEETING DATE: May 7, 2002 CONSENT Introduction I received a letter of resignation from Dan Vroman on April 16, 2002 for Shakopee Community Access Corporation. Rather than advertising for the position, staff recommends the appointment of Benjamin Adams to the Telecommunications Commission. Councilors Joos and Lehman and Administrator McNeill interviewed Mr. Adams about a month ago for the Telecommunications Commission. Although Mr. Adams was not initially appointed, the interview panel though highly of Mr. Adams; however, there was not enough open positions on the Commission. I spoke to Mr. Adams and he is still very interested in serving on the Telecommunications Commission Action Required Accept the resignation of Dan Vroman, with regrets, from the Telecommunications Commission and appoint Mr. Benjamin Adams to the Telecommunications Commission. 1 City of Shakopee Memorandum TO: Telecommunications Commission Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Dan Vroman Resignation from the Telecommunications Commission MEETING DATE: May 1, 2002 Introduction I received a letter of resignation from Dan Vroman on April 16, 2002 for Shakopee Community Access Corporation. If the resignation is accepted, staff will be forth the resignation to City Council, in order to post the opening of the position. Action Required Accept the resignation of Dan Vroman, with regrets, from the Telecommunications Commission. Tracy Coenen Assistant to the City Administrator 11 CITY OF i �_ C OUNCIL `D ^ t • • •ii! . .t i i 10 105111 Name ��� �r� eve. G�c�.�vtis Address: I0�� Ctt Sly...Low Phone:(H) f 15 Z 't D 3 . 7 "ZsS How long have you been a Shakopee Resident? S,f\c-z ,J � v.z, , 1 M Occupation: ,\ Place of Employment" MLA tc_: --c Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate sheet if necessary) 14 1 Board or Commission in which you are interested? (if more than one, please indicate order of preference) ¢h Vra -, r,<- - � - i ,� f k U i s `^,r' L1 Cotti� Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: �l 6 s= [a -* LCC h (2 may � (-VAI -S 1.C� (�<:�' - I TJ C' "'k t�Z- 11r'C✓� - Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. MAR -05 -2002 16:34 952 445 6 718 P.10 In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ Nom. If yes, please provide the details on a separate sheet of paper. Please last three references (Name, Address, Phone): 1. i,��,�� W. S �t�•� -� 1 ���� w o6 S�3► 3i�t�,,,.,�� , ss �3 t mZ� 2. .,,�s .a,. '�"tc�- � , - k ,� - no-.� , LlSZ �z 12- . n ., /��2 • 1Zz. �ib �v�� -� , �7 t 3 � St�� •• `1537 7r1 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. � Date City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 952- 233 -3800 Date Received: /- D a _ MFR -05 -2002 16: 952 445 6718 P.11 F RESOLUTION NO. 5718 A RESOLUTION APPOINTING A MEMBER TO THE TELECOMMUNICATIONS ADVISORY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointment is hereby made: Benjamin Adams is appointed to the Telecommunications Advisory Commission to fill the unexpired term of Dan Vroman expiring February 28, 2003. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7"' day of May, 2002. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 129 Levee Drive Building DATE: May 2, 2002 The City Council is asked to give direction as to what it wishes to do with 129 Levee Drive, the former Park and Recreation building. Further this year, staff advised Council that with the SPUC transformer out of the former Park and Recreation building, the building was a likely candidate for demolition. Money has been allocated in the 2002 budget for that purpose. Council directed that an analysis be done of possible other uses, and determined if there is interest in the building. Option 1— Remodeling for use by City - if the City is to use this as an occupied building, it would need extensive work. Rough estimates provided by the building department indicate costs from $80,000 to as much as $250,000 to bring the building up to code. This is for a structure with approximately 2700 square feet of useable office space on the first level, plus a garage of 416 square feet, and an attic of approximately 2100 square feet. The observations were that even with the remodeling work, it would still be "a very old building that would need constant upkeep and rebuilding ". It is simply in very poor condition. Option 2 — Transferal to outside agency — I have been advised that both Boy Scout Troop 218 and the Shakopee Hockey Association are interested in the building. If the City were to transfer it, it would need to comply with State law governing the disposition of public assets. Specifically, if there is a value of over $5,000, competitive proposals must be taken before a sale could take place. While it is arguable that the poor condition of the structure makes the building itself valueless, if not a liability, the fact that it does occupy land does give it a value (staff is uncertain as to what lot size this is on — it has been publicly owned since the early 1900's, and to our knowledge, there is no definitive lot description for it). An alternative to selling it would be to lease it. However, it is likely that any user will need to be assured that they will have control of it for a sufficient number of years in which to recoup any remodeling expenses. Staff has noted that with the recent interest in Huber Park and desire for riverfront redevelopment, the City Council should make a decision as to whether it is comfortable with having a non -City entity control this property for a significant period of time. Option 3 — Demolition — staff did have the property surveyed for asbestos. If there is demolition, there is asbestos to be abated. If it is remodeled, as long as the asbestos containing materials are covered up, rather than removed or disturbed, no abatement would be needed at this time. Care would need to be taken. Note that there is a controller for downtown streetlights remaining the building. If the building is to be removed, or if City control is not retained for that portion of the building, removal of that controller will be needed by SPUC. Staff recommends that proposals be taken for the building "as is" on a lease basis, with an initial term not to exceed five years. Failing that, demolition is recommended. The Council should give direction as to what disposition it wishes to see for the building at 129 Levee Drive. Mark McNeill City Administrator MM:th Jim Grampre From: Rick Sames Sent: Friday, April 12, 2002 12:50 PM To: Jim Grampre Subject: RE: Bldg. on Levee DR. Sorry I haven't got back to you and I'm not sure just how to figure out a dollar figure for you. I completely agree with you in saying the best financial decision would be to take the building down. Without spending an undue amount of time itemizing everything that would need to be fixed, I'll take a poke at the price and say this ... I think I could bring the building, back into code for 80,000.00 to 100,000.00. But you would still have a very old building that would need constant upkeep and rebuilding. As a asset for the city to own and use, I think it would be a never ending money pit, and to bring it up to code to sell, the city would be better off either selling "as is" or tearing it down and starting with a clean piece of property. I believe they could put less money into it that way, have less liability and more saleability. I hope this helps. If you need more detail then I'll have to take more time and detail it all out. Rick - - - -- Original Message---- - From: Jim Grampre Sent: Tuesday, April 09, 2002 12:23 PM To: Dave Kriesel; Rick Sames Subject: Bldg. on Levee DR. Can you both come up with a number that you think would reflect in bringing this building up to code and be marketable for whomever! Jim Grampre To: Michael Leek Subject: Building on Levee Dr. Michael: My best dollar calculation for this building to undergo renovation that would bring the building into a code compliant condition and to be semi attractive for use would run into the $100,000 to $165,000. My opinion would be to raze the building. I just don't see any plausible use or market value here, thus a white elephant!! As you can see I've included Dave and Rick's assessment for your review. Mark McNeill From: Michael Leek Sent: Monday, April 01, 2002 11:45 AM To: Mark McNeill Cc: Jim Grampre Subject: Levee Drive Building Jim Grampre did a walk around the outside on Friday, and will try to get inside before tomorrow. Here are his general observations for now; The building is approaching dilapidation. Specifically, * The roof is in need of repair, * The stucco over brick surface is cracking and falling away, 4 Windows are boarded up [perhaps needing replacement, There is an apparent transformer behind it that does not appear to be used. Michael Leek 1 LE -1— go to pr rst VOTSdOn1 Use the following information to get a good idea of the costs associated with this comprehensive list of small to large renovation and construction projects. If you have any other prices you think should be added or changed, please email us with any updates and or changes. All rights are reserved and this list is copyrighted but it can be used for personal use and any other use will only be allowed upon written permission from OntarioContractors.com. 1. Roofing._ &_Flashin.g. 2. Roo .._(rnaterial &...Ibour) 3. Flashinq 4. Chimneys 5. Gutters & Down. 6. Fascia, Soffit &_ Exte Trim - S_uppl_y__ &_irsstalled. 7. Exterior_ Finishes 8. Structure Modifications & Renovations 9. Interior_ Renovations 10. Heating,. Ventilation..._ &Ai Co nditi®nirig- 11. Electrical 12. Plumbing 13. Insulation Roofing & Flashing Removal of existing material, disposal & clean -up. $0.50 - 2.00 sq.ft. Garbage Bin - small Garbage Bin - large $250 $475 * additional $50 per pick -up and dumping fee from your local dump (tonnage) will be added to the above charges. Z. 642L http://viww.ontan'ocontractors.com/costs.htm About Who We How to G How to c Advertisi Planni Build a h married Special C Renovati Costs Return C Construc Current Pricing (Apr 05, Calcul Build -a -t Home BL Post y Tender C Registrai Submit 1 Quick Qt Busine Direct Contract Contract Email Lis Update /( 04/10/2002 l�5°•�, CITY OF SAKOPEE Memorandum CON Lff TO: FROM: SUBJECT DATE: Mayor and City Council Mark McNeill, City Administrator Joint Powers Agreement — City /County — 911 Emergency Signage May 3, 2002 The Council is asked to approve a joint powers agreement with Scott County for the installation of emergency 911 residential signs in the rural area of Shakopee. Last year, the City Council expressed an interest in participating in a program being coordinated by Scott County which will provide identification to rural house numbers in Shakopee. These will be reflective white letters on blue signs, and are intended to be placed at specific locations in rural address areas, to facilitate location by emergency vehicles. In Shakopee, there are approximately 200 homes that would be recipients of these signs. Rural addresses in the County townships would also be signed. The total cost to the City, and per benefited household, is shown on the last page of the attached powers agreement. Depending upon whether the signs is on an 8' post or 10' post, the cost will be $25.41, or $26.55 per household. The County has given the townships and the city the option of paying as a lump sum through taxes, or having the benefited properties assessed. Three of the eleven townships will assess. By doing that, an additional 15% is added for administration, making the total cost $28.88, and $30.17 per household, again depending upon the length of post used. The total cost to the City (to be assessed against benefited properties) will range from $5,082, to $5,310. The direction from the Council last year was that the properties would first be billed; those that do not pay would then be assessed after a public hearing. It is anticipated that the City of Shakopee will be one of the last areas installed, which will be this Fall. The Public Hearing would be held at that time. The Fire Department and Police Department strongly concur with this program to place the signs. I recommend that the joint powers agreement be executed. If approved by Council, it is anticipated that this joint powers agreement will be considered by the County Board at their May 14 meeting. t � If the Council concurs, it should, by motion, authorize execution of the joint powers agreement between the City and the County of Scott, for installation and payment for the Emergency 911 Residential System. Mark McNeill City Administrator MM:th THIS AGREEMENT, made and entered into this day of , 2001 by and between the County of Scott, hereinafter referred to as the "County" and the City of Shakopee, hereinafter referred to as the "City," bodies corporate and politic existing under the laws of the State of Minnesota. WITNESSETH: WHEREAS, the County and the City desire to improve the Emergency 911 Residential system, by constructing and installing E911 residential address markers, used as a uniform method to identify rural properties; WHEREAS, the above described Project lies within the boundary of the City; WHEREAS, the Community Development Division of the County has prepared an estimate of quantities and unit prices of materials and labor for the above described project and an estimate of the total cost for contract work in the sum of between five thousand, eighty -two and five thousand, three hundred ten Dollars ($5,082 - $5,310). A copy of said estimate (marked Exhibit "A ") is attached hereto and made a part of this Agreement; and WHEREAS, it is contemplated that said work be carried out by the parties under the provisions of Minnesota Statutes sections 471.59 and 162.17, subd. 1. ' UM -0 111 VITO "1 • 1 • 1 11 The County or its agents will advertise for bids for the work and construction of the aforesaid Project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to the law in such case provided for counties. H. The County shall have overall authority to administer the contract and inspect the construction of the contract work contemplated herewith. The County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. The City shall cooperate with County staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. M1 The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the County's Estimate referred to in this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities identified by the County shall govern in computing the total final contract construction cost for apportioning the costs of said project according to the provisions of this paragraph. IV. The Community Development Division shall prepare monthly progress reports. A copy of these reports shall be furnished to the City upon request. V. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement by both parties, to non- binding mediation, unless the parties mutually agree otherwise, with the cost being shared equally. VI. All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. VII. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the herembefore described contract work. The City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 11' It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the herembefore described contract work. The County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. n It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever charter arising in connection with or by virtue of performance of its own work as provided herein. N It is further agreed that any and all employees of the City and all other persons engaged by the City in performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City and shall in no way be the obligations or responsibility of the County. Any and all employees of the County and all other persons engaged by the county in the performance of any work or services required or provided for herein to be performed by the county shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City R I The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott county shall be considered a part of this agreement as though fully set forth herein. IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE Mark McNeill, City Administrator im David Unmacht, County Administrator Date Date Art Bannerman, Chair of Its County Bd Date Upon proper execution, this agreement will be legally valid and binding. .... � � • LM Thomas Harbinson, County Attorney Date IN WIM&INKI W.11"flay-MOV F.11 lira F ►l I' W COST ESTIMATES 8' Post Data compiled April 17, 2002 $26.55 = ASSESSMENT Range of Per Household = Approx. Number of Estimated Cost Township Homes in Twp (Depending on length of post used) Belle Plaine 322 $8,182 - $8,549 Blakeley 202 $5,133 - $5,363 Cedar Lake 850 $21,599 - $22,568 Credit River 1396 $35,472 - $37,064 Helena 548 $13,925 - $14,549 Jackson* 295 $8,520 - $8,900 Louisville* 425 $10,799 - $11,284 New Market 1169 $33,761 - $35,269 Sand Creek 553 $14,052 - $14,682 St. Lawrence 213 $5,412 - $5,655 Spring Lake 1387 $40,057 — 41,846 City of Shakopee 200 $5,082 - $5,310 F ►l I' W Cost + 10% installation $23.10 + $2.31 $24.14 + $2.41 To be assessed To be assessed To be assessed Cost + 15% + 10% installation $23.10 + $3.47 + $2.31 $24.14 + $3.62 + $2.41 *Number of homes does NOT include mobile homes. hAplanning \pzrohel \word\9l l marker final cost breakdown.doc Per Household = 8' Post $25.41 = 10' Post $26.55 = ASSESSMENT Per Household = 8' Post $28.88 = 10' Post $30.17 = Cost + 10% installation $23.10 + $2.31 $24.14 + $2.41 To be assessed To be assessed To be assessed Cost + 15% + 10% installation $23.10 + $3.47 + $2.31 $24.14 + $3.62 + $2.41 *Number of homes does NOT include mobile homes. hAplanning \pzrohel \word\9l l marker final cost breakdown.doc WSB Project No. 1281 -322 4150 Olson Memorial Highway, Suite 300 Minneapolis, MN 55422 763 -541 -4800 Honorable Mayor and City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379 -1328 Re: Feasibility Report Vierling Drive —CSAH 17 to Sage Lane City of Shakopee City Project No. 2002 -5 WSB Project No. 1281 -32 Dear Honorable Mayor and City Council Members: Transmitted herewith is a feasibility report, which addresses roadway and traffic improvements to Vierling Drive from CSAH 17 (Marschall Road) to Sage Lane. These improvements are being proposed to accommodate the commercial development in this area and to provide better traffic flow in and out of these developments. We would be happy to discuss this report with you at your convenience. Please call me at (763) 287 -7183 with any questions you may have regarding this report. Sincerely, WSB & Associates, Inc. Charles T. Rickart, P.E., P.T.O.E. Associate/Project Manager c: Bruce Loney, City of Shakopee Bret Weiss, WSB & Associates, Inc. 4150 Olson rim F: \WPWIN \1281 -32 \feas trmtl.rtf Minneapolis • St. Cloud - Equal Opportunity Employer May 7, 2002 Prepared by: WSB & Associates, Inc. 4150 Olson Memorial Highway, Suite 300 Minneapolis, MN 55422 (763) 541 -4800 (763) 541 -1700 (Fax) CSAH 17 (Marsehaii Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -05 WSB Project No. 1281 -32 Certification I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. t Charles T. Rickart, P.E. Date: May 7, 2002 Lie. No. 26082 CSAH 17 (Marsehall Road) to Save Lane City of Shakopee, MN City Project No. 2002 -05 WSB Project No. 1281 -32 I . Introduction ----------------------------------------------------------------- ------------- ----------- -------------- - ----- 1 II . Background------------------------------------------------------------------------------- ----- ----- -------------- ------ 1 General-------------------------------------------------------------------------------- -------- ---- ------- ------ -----2 2 Traffic Data ........................................................................ ............. ........... ....... 2 3. Improvement Alternatives ----------------------------------------------------- --------- --------- --- ------ 3 4. Alternative Analysis---------------------------------------------------------------- ----------- --------- - - - - -- 4 5. Recommended Alternative ................................................. ......... ............. ......... 5 III Proposed Improvements ........................................................... ........... ............. ....... 6 IV . Assessments ................................................. ........... .............. .... .. .. ............ .......... . .. 7 V . Project Cost----------------------------------------------------------------------------- ---------- ---------- ------ - - -- 10 VI . Schedule ................................................................................. ........ .......... ....... . . . . .. l I VII. Conclusions and Recommendations ...................................... ............................... 12 Appendix A Figure 1 —Project Location Map Figure 2 — Alternate 1 Figure 3 — Alternate 2 Figure 4 — Alternate 3 Appendix B April 8, 2002 Public Information Meeting Notice Appendix C Figure 5 — Assessment Parcels Table 1 — Opinion of Probable Cost Table 2 — Preliminary Assessment Roll CSAH 17 (Marschaii Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -05 WSB Project No. 1281 -32 L Introduction On December 18, 2001, WSB & Associates, Inc. was authorized through Shakopee Resolution No. 5633 to prepare an engineering feasibility report dealing with the necessary public improvements to Vierling Drive between CSAH 17 (Marschall Road) and Sage Lane. This authorization was in response to traffic safety and operation concerns in the corridor providing access to the commercial developments north and south of Vierling Drive. This feasibility report addresses the development of intersection improvements on Vierling Drive, including an analysis of potential alternatives for improvements to the corridor. These improvements include modifications to Vierling Drive at Tasha Boulevard (east intersection) and signalization of Vierling Drive at Heather Street (west intersection). Figure I in Appendix A shows the location of the project within the City of Shakopee. This feasibility report is being prepared to address the improvements needed to provide improved access to the commercial areas north and south of Vierling Drive, and the transportation improvements to accommodate future anticipated growth through the corridor. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page I i I ' /' � 1. General The proposed project is the result of existing and anticipated commercial development north and south of Vierling Drive between CSAH 17 (Marschall Road) and Sage Lane. Vierling Drive was reconstructed throu this area in 1998 to include a traffic signal system at CSAH 17, and a four -lane, divided roadway with left turn lanes. The existing use of the area is primarily commercial and multi - family residential. The area north of Vierling Drive includes commercial areas adjacent to CSAH 17 and multi - family areas adjacent to Sage Lane. South of Vierling Drive includes the Crossroads Center Mall, with Cub Foods and other commercial developments. A public information meeting was held on Monday, April 8, 2002, from 6:30 to 8:30 P.M. at Shakopee City Hall. The purpose of the meeting was to present the proposed Vierling Drive alternative improvements and receive comments on the project. There were two people in attendance at the public information meeting. All property owners were invited, both north and south of Vierling Drive. A public information meeting notice from that meeting is included in Appendix B. 2. Traffic Data Traffic volume data was collected by the City of Shakopee staff on July 11 and July 12, 2001. Crash data was also collected for the period January 1, 2000 through August, 2001. Crash data collected indicated that two (2) crashes occurred at the Heather Street (west entrance) in 2000 and three (3) crashes occurred at the Tasha Boulevard (east entrance), one in 2000 and two in 2001. The intersections of Heather Street and Tasha Boulevard are currently stop sign controlled, stopping the exiting movements to Vierling Drive. The speed limit on Vierling Drive is 30 MPH. The following geometries currently exist at each intersection: CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 2 Vior/illo nrivv Ot Movement West Entrance East Entrance Southbound 1 left turn lane, 1 through/right lane 1 left/through lane, 1 right turn lane Westbound 1 left turn lane, 2 through lanes 1 left turn lane, 2 through lanes Northbound 1 left turn lane, 1 through/right lane 1 left/through lane, 1 right turn lane Eastbound 1 left turn lane, 2 through lanes 1 left turn lane, 2 through lanes Based on traffic volume crashes and roadway geometrics, both intersections would meet requirements for signalization based on warrants found in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The following table outlines requirements for each warrant and a number of hours intersection meets each warrant. 3. Improvement Alternatives No- Build: This alternative includes leaving the existing stop sign control in place with no improvements. Alternative I — Existing Geometrics with Traffic Signal: This alternative would include construction of a new traffic control signal system at Heather Street with no other improvements to Vierling Drive. Figure 2 in Appendix A shows this alternative. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 3 Hours Met Vierling Drive at Vierling Drive at Warrant Hours Required West Entrance East Entrance Warrant 1 8 9 9 Warrant 2 8 7 7 Warrant 6 8 No No Warrant 8 8 8 8 Warrant 9 4 8 8 Warrant 11 1 4 4 3. Improvement Alternatives No- Build: This alternative includes leaving the existing stop sign control in place with no improvements. Alternative I — Existing Geometrics with Traffic Signal: This alternative would include construction of a new traffic control signal system at Heather Street with no other improvements to Vierling Drive. Figure 2 in Appendix A shows this alternative. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 3 Alternative 2 — % 4 Intersection with Traffic Signal: This alternative would include construction of a new traffic control signal system at Heather Street and the reconfiguration of the Tasha Boulevard intersection to a 3 /4 intersection, allowing all movements but left turnout. Figure 3 in Appendix A shows this alternative. Alternative 3 — Right -in /Right -out with Traffic Signal: This alternative would include construction of a new traffic control signal system at Heather Street and a right- in/right -out intersection at Tasha Boulevard. Figure 4 in Appendix A shows this alternative. 4. Alternative Analysis Each alternative was analyzed with respect to traffic operations and safety, using the Synchro Traffic Analysis software and the Simtraffic simulation software. The results of the analysis are shown in the Table below. PM Peak Hour Intersection L.O.S. Delay (1) May. Queue (2) Existing — No -Build Heather Street A 3.9 NB LT /TH 109' Tasha Boulevard B 11.6 NB LT/TH 609' Alternative I Heather Street A 7.5 NB LT/TH 188' Tasha Boulevard B 11.7 NB LT /TH 567' Alternative 2 Heather Street B 12.9 NB LT /TH 168' Tasha Boulevard A 5.6 NB RT 141' Alternative 3 Heather Street B 13.5 NB LT/TH 251' Tasha Boulevard A 4.7 NB RT 151' (1) Average Intersection Delay (2) Worst Approach with Maximum Queue Length. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 4 As can be seen from the traffic analysis, in each alternative, the intersections would be operating at satisfactory levels of service. However, the northbound queue backup with the No -Build and Alternative 1 into the site would be 560 feet to 610 feet blocking internal site access. Alternatives 2 and 3 both provide satisfactory levels of service with minimal queue backups into the site. 5. Recommended Alternative Based on the traffic analysis and traffic simulation, Alternative 2 provides for the best traffic safety and circulation for Vierling Drive and the site intersections. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 5 Based on the analysis of each alternative, the proposed improvements to Vierling Drive are as follows and are the focus of this feasibility report. The following outlines the proposed improvements based on the selected alternative. The alternative includes: 1) Proposed traffic control signal system at the intersection of Vierling Drive and Heather Street. 2) Reconfiguration of the Vierling Drive and Tasha Boulevard to a/4 intersection, eliminating the left turn movements out of the site. 3) Encourage Crossroads Center and Boulder Ridge to improve site circulation with access modifications and new traffic patterns. CSAH 17 (Marschall Road) to Sage Latre City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 6 I V. Assessments The assessable cost associated with the improvements to Vierling Drive between CSAH 17 and Sage Lane will be distributed based on the City's assessment policies. Two assessment scenarios were evaluated. 1) Area of each parcel. 2 Traffic generated from each parcel. Both assessment scenarios were evaluated and discussed with the property owners adjacent to the project. Based on the evaluation and discussion with property owners, the traffic generation scenario is more equitable for each property owner. Based on this assumption, the following distribution was assumed: CSAH 17 (Marscha[L Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 TVSB Project No. 1281 -32 Page 7 VIERLING DRIVE ASSESSMENTS DISTRIBUTION SAGE LANE TO CSAH 17 CITY OF SHAKOPEE (BYITE TRIP GENERATION) CSAH 17 (Marschall Road) to Sage Lane City ojSltakopee, MN City Project No. 2002 -5 JVSB Project No. 1281 -32 Page 8 1000 SF Cross ITE Trip Generation Total PID # Owner Lot Block Floor Area Use Trips (881) George Daniels BDM LLC Pharmacy /Drugstore 641 E. Lake Street/Suite 208 «/Drive- Through A 27- 254003 -0 Wayzata MN 55391 # 1 14.49 Window 1,277 Retire LLC 00 79' St E /Suite 200 (848) C 27-254001-0 Bloomington MN 55420 # 1 6.63 Tires Store 165 (834) Allen M & Kathryn Plaistad Fast -Food Restaurant 187 White Bear Ave w /Drive - Through D 27- 254002 -0 White Bear Lake MN 55110 # 1 2.50 Window 1,238 Prime Security Bank PO Box 219 (912) E 27- 237003 -0 Karlstad MN 56732 1 2 4.73 Drive -In Bank 344 PG Real Estate LLP 641 E Lake St (814) F 27- 237004 -0 Wayzata MN 55391 1 3 12.60 Specialty Retail Center 512 Sidal Crossroads Co. LLC 500 80 St. W (814) G 27- 235005-0 Minneapolis MN 55431 5 1 17.81 Specialty Retail Center 724 Sidal Crossroads Co. LLC 500 80 St. W (814) H 27- 235006-0 Minneapolis MN 55431 6 1 7.39 Specialty Retail Center 300 (834) Border Foods Inc. Fast -Food Restaurant 12800 Industrial Park Blvd w /Drive- Through I 27- 235009-0 Minneapolis MN 55441 3 2 2.69 Window 1,333 Northwest Bank Minnesota NA 6'' & Marquette (912) J 27- 235007-0 Minneapolis MN 55431 1 2 4.36 Drive -In Bank 317 Sidal Crossroads Co. LLC 500 80 St. W (870) K 27- 236004-0 Minneapolis MN 55431 # # 4.03 Apparel Store 268 Sidal Crossroads Co. LLC 3500 80 St. W (870) L 27- 236004-0 Minneapolis MN 55431 1 2 4.03 Apparel Store 268 Speedway Superamerica LLC (845) 39 South Main St Gasoline /Service Station M 27- 236001 -0 Findlay OH 45840 1 1 3.15 w /Convenience Market 2,604 lshouse Properties (715) 1300 Willowbrook Single Tenant Office N 27- 236002 -0 Wayzata MN 55391 2 1 1 12:11 Building 140 Sidal Crossroads Co. LLC 500 80" St. W (814) O 27- 236003 -0 Minneapolis MN 55431 3 1 39.02 Specialty Retail Center 1,587 Cub Foods 21 3 rd St S (850) P 27- 235004 -0 Stillwater MN 55082 4 1 65.00 Supermarket 7,248 Stonemarsh LLC 6408 Oxford Rd S Q 27- 289002 -0 Shakopee MN 55379 2 1 Loway LLC 319 Barry Ave S (840) R 27-289001-0 Wayzata MN 55391 1 1 28.09 Automobile Care Center 446 TOTAL 18,771 CSAH 17 (Marschall Road) to Sage Lane City ojSltakopee, MN City Project No. 2002 -5 JVSB Project No. 1281 -32 Page 8 Figure S in Appendix C illustrates the parcel location. The area based scenario is included in Appendix C for your information. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 9 V Project Cost A detailed opinion of probable cost can be found as Table 1 in Appendix C of this feasibility report. The opinion of probable cost includes a 10% contingency factor and a 25% indirect cost factor. The indirect cost factor assumes that the project will be assessed in 2002 and does not account for intended interest holding cost if the project is not assessed in 2002. Indirect costs includes legal, engineering, administrative, and fiscal items. The costs associated with the proposed improvements will be 100% assessed. Based on the distribution discussed in Section N, Table 2 in Appendix C outlines a preliminary assessment roll for the proposed project. CSAH 17 (Marschall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 10 VI Schedule A tentative project schedule for the improvement is as follows: Development of Alternatives ................... .........................January — February 2002 Public Information Meeting ................................. ............................... April 8, 2002 Development of Feasibility Report ................ .......................February — Apri12002 City Council Meeting — Accept Feasibility Report .............................. May 7, 2002 City Council Meeting — Public Hearing ................ ............................... June 4, 2002 DetailDesign ............................................................. ............................... June 2002 Mn/DOT State Aid Review ..................................... ............................... ...July 2002 City Council Meeting — Approve Plans / Order Ad for Bid .................. July 2, 2002 Adfor Bid ............................................... ............................... .................... July 2002 OpenBids ................................................. ............................... ............July 31, 2002 City Council Meeting — Award Bid .................. ............................... August 6, 2002 Construction ........................................... ............................... August— October 2002 CSAH 17 (Marschall Road) to Sage Lune City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 11 This report finds that the proposed improvements to Vierling Drive from CSAH 17 to Sage Lane will improve the safety and traffic operations for the adjacent project area now and in the future. It is the recommendation of WSB & Associates that this project is feasible, necessary and cost - effective from an engineering standpoint. We recommend construction of the proposed improvements as detailed in this report. CSAH 17 (Marscha[1 Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 Page 12 CSAH 17 (Marschaii Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 CARVER Co. ! 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GOLO q - '^ ��� w AM < o S OR OCF �L T NES HEN AV 3 � High School w N Shakopee v CT. E. NP Fq. i M ENKE AVE- z W o ° LAR Q3E - Junior V ? z c KSPq ! F 0 C R a 2- 4 OQ q AVE WESTWIND qyE v v� VIERLING > " " CT, w PIONEER High School MURPHY AVE. o v �- ° w d ° 0NY,r o z in MONNENSv- AVE N- qy\-P- a ,W OR c LA 'm > ES < s GRANITE tC Q DR- ST. o c -S �P• N OVSE- p� 1{ER vwi DALE -, a r- 2•' O a '� lN F l cK F'1 MINT CT. } L LA. s OR > RUBY v O 'Po w m o wU r ,� n COVE }A , - I „I ,o j �Q ,I• �' rr r9, ¢ �- Q v' DR. = Cq '<. G ( n -tiT vR� c• nn. 9 C F '� LL w VIERLING z z �- „�n a J BLUES 7 EM3 c AVE- Pr ®,Je CI Location ° � 36.c N 0 RCHARD C �. MOUt 38 - N -o SANG uV INOV�U A�FSr 37 � � BRAEBUR 4 W ST. w _ gy p• CT, ,. 3g a APPLEBLOSSOM LA. APPLCTLOS SOM = DOWINING AV m L -J L� O 69 PINTAIL A V 4+ 7 MOCKINGBIRD 4VE- zA T w ¢ = 17th N 31 32. r - PCHELLE ti o `+I 2 OOD ¢` i FRENCH CURVE TRACE AVE - 33- IDLE SCOTT QUAIL CT. N cl ANI 0 COUNTY 9A OTT RANCIS Y AVE. Wp( � 79 w N O W C GROVELANO 5 RD. IS o RF�kSfOF COUNTY N MzOERS � N 4p, PONDS y� 126th HILLWOOD DR_ w ¢ 728th ST. W. �VNON DR- \ �GTON VALL = N s m a CORTLANO J P 77 r Sq CARRIAGE a q N '® 130th S7, W y 2 CIR- AVE. @ S VIEW 2nd PROMISE 90 AVE- , Feasib ility a Figure Number i - vler/ing Drive - Sage Lane to CSAH - 17 City Project No- 2002 -5 SILAK City of Shakopee, Minnesota Project Location Map t: \01281 -32 \Fens \f ig- 01 -dqn II " lY 1 �.,,'. � ALP f w f t,.:. - 4 S# s ° 111 � Y. .q 31 f * a.,, � , i , - s aw i v -‘ ' f t _ -, ' .. 4 a ra' .. ,. . a • } `: '7 SCdn ^t.. 'FA < r 1 - - x c ou►nv M ,. _ d !�,w Ca._ -Efi1� ,r e a fs ,Ia; ; , Y tm w fi r .. . ' , M � " � � i • is k' . +r. `jam " 0 tea.• \ - ti . : s wrrr :1 d M r . r @ H' } i _ _ f - .: „ate.. } ? t . t. r' - a ei!i ,.;. { it J r { ,n..._ $'.. ; y 1 .-. ; Alternative 1 - Existing Geometrics with Signal A ` 1 . ¢ r �.' 0 u �; t•�' - r sr ...„..,„ ,,,,_ , _ e r Fea s ibili ty Report Figure Number 2 V ier /ing Orive - Sage Lane to CSAH 1 7 SHAKOPE City Project No 2002 -5 City of Shakopee, Minnesota Alternative 1 E M I l \01281 -32 \Fens\ hg-02 II '4 ' ' .' rr� t > ' , ' . rf .. '� '. , ':" am s. n f r ^' '' � II t �r� � ar ras ,,. '�,Fa '�' ;,V144.. „ ^' ` � "� � , acorn 1 • t .__ N '4^ W ti _ s 'a h - ;t h e ' , .. „,„ c^ t0 s � {' t tr V ierlin 9 Dr II li r a s 4 #4 u w ,.r S * i y . * iamilsit i ,426 ‘ / , ,... ' ,,,,, _ + w i f I � i !i { � !I , t „� t I,1a • iI & II t ''1 ,. 'F”` _ ' ; . , , , _ 5 ,, Alternative 2 - 3/4 Intersection with Sign ) t f d I {{ rt'''‘,, I w I : - 100 ,o. 4 Ps \kr'� fir „i, . ' - 4 169 Feasibility Report Figure Number 3 I PliLill Vieriing Drive - Sage Lane to CSAH 17 SHAKOPE City Project No 2002 -5 City of Shakopee, Minnesota Alternative 2 I t \01281 -32 \Fens \fig- 03.dgn II i s , 1 ! c Tr- ..:: < . . , . 1 , '9� f t „.. .... .. . , ,, ? R4 ' � - .......„ , . * � R ' � ./ate t � � � � { �” : ^5 , �p e..J I� fi� g wart 17 pr II w4 _ h .: P CO 4, * r r Y ) II a --�^ , . II 1 T '�° wd R H eather St s w ... � ✓ r R" , l to ar - 4 3 ,mot �; y t `. t .'fIC s P.641116"..1... ; s< 1 .. — G ql }, . I I p t ..,.w,+s.. to 'mom*. `I 1 + ^ 0 SFr } , �„�, S w - � $ is : f ' .P t a � ft :. I • ._. 4 1 . Alternative 3 - Right In / Right Out with Signal ) ° , II c . ' j♦ # ! f 1i 3 t T Y • IDYLL 1 rl i rYw ,,,,,, e P ' Y.'S•x"C+%i'k4i . ' S +. , • t y $' D `may+ • s n 1 - i , , s: ., - 169 II 4 „ q F ; � 3 ..., ...,....._ ,.. , ;,.._ 4.. . ,:. ..... , .„,.. _ ,,,,,,,„„„ v „,..„...,., „, _.4* - . 1 ' 04 ', " .,„ , ...,,,,, ,,,4 ,L , : . : - S' , ■ p.... . ,,,,;,i01,,,,,.,,,',0;,■-, ...,.. ,, i,pop I/ , Feasibility Report Figure Number4 II Vier /ing give -Sage Lane to CSAI 17 SHAKOPEE Alternative 3 City Project No_ 2002 -5 Gity of Shakopee, Minnesota t \01281- \Fens \fig- 04.dgn II . ., ., , It FMB] N' A ii .. _._. ..., .„......._• .,..,::r..:.,_,.. „,-;„ 17 all w,, X7 '•4► °+.'+�Oy'-.• ., ».. ''''": 1. :i. , U J f , Y6 >il�' 1kLx J Y 1 0) , 111.111.111111 a " ° B ., Vierlin D 9 Drive ' ilea:her St • .' — ' ' _ — -,,.-,,,,." • , 111 411PIPip ' ,:;,, ,, iir ,,. ; ...... - _____ : i -. . ' ...... 4`" . 11 i lfrillill ii* .,.. , .. . , ,. ... . . •,. ,,.,. - „ . „ ., ,,..„.„.., _,.. ..,. ' ornomp) II ., 4 M �" ... flfR _...,., 1 ! i8 �'€ 5 M i e 1, ,::: ,t1 . . v : , , • ...:.,,,.., -, ,„..,., i .._1 r. doi,,,.4* . ,. II t : el i x II1 f ® gli q " 0011/49 '' ' '' , -. ..._,,,,,..f.,.,._ - -. ,. � 1 4 t _ t II F110111114 - i 1 t a IL a> II R I I CO 7 V \ 6% NO ,j ..., _,. ..;:,..:„:, ,,,:„...,,„,..,:ii,f;... . - - "'" � }`� 169 , r IM Sfi Feas ibili ty Report Figure Number 5 Vier /ing Orive - Sage Lane to CSAH 1 7 SHAKOPEE City Project No 2002 -5 City of Shakopee, Minnesota Assessment Parcels I t: \01281 -32 \Fens \fig- 05.dgn i /' / = CSAH 17 (Marsehall Road) to Sage Lane City of Shakopee, MN City Project No. 2002 -5 WSB Project No. 1281 -32 April 1, 2002 RE: Vierling Drive Feasibility Report Marschall Road (CSAH 17) to Sage Lane Transportation Improvements Dear Property Owner: The City of Shakopee, in conjunction with its traffic consultant, WSB & Associates, Inc., have prepared a preliminary feasibility report for improvements on Vierling Drive between Marschall Road (CSAH 17) and Sage Lane. The City Council requested the feasibility report due to growing concerns of traffic congestion on Vierling Drive, specifically at the accesses to the retail businesses north and south of Vierling Drive. The feasibility report investigates several alternatives for improvements to Vierling Drive, including signalization, to meet the existing and future traffic needs of this street. An informational meeting will be conducted at Shakopee City Hall on April 8, 2002, from 6:30 p.m. to 8:00 p.m. A presentation of the alternatives, including the traffic analysis for each, will be made by Chuck Rickart of WSB & Associates, Inc. A `question and answer' session will follow. Mr. Rickart will explain the existing conditions, alternatives, and traffic analysis, including a simulation of the traffic on Vierling Drive. Preliminary costs and assessments will be discussed as well and your input/feedback is important. If you have any questions on this letter or the upcoming meeting, please feel free to call me at (952) 496 -9668. Sincerely, 44�� 'Irl, Bruce Loney, P Public Works Director BL/pmp 040102resident cc: Mark McNeill, City Administrator Chuck Rickart, WSB & Associates, Inc. E COMMUNITY PIODE SINCE 1857 1'9 1lolinc Strcci S,auh - sha,n)Pcc. \Iinnc,uta ?79 -I ;5 1 1 Ax 11S2- ?;; -;7U1 vcvcvc.ci.,h.J ,hc�.nin.u, PUBLIC INFORMATION MEETING Vierling Dr — Sage Lane to CSAH 17 CITY OF SHAKOPEE Feasibility Study F: WPWIN\1281 -32 \040802 PIM ATTEND PUBLIC INFORMATION MEETING Vierling Drive — Sage Lane to CSAH 17 CITY OF SAKOPEE Feasibility Study 1. Introductions 2. Study Background 3. Study Presentation • Alternatives Considered • Traffic Simulation • Draft Project Costs • Draft Project Assessments 4. Next Steps 5. Questions /Comments F v WPWINM1281- 32040802 PIM AGN CSAH 17 (Marschal! 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