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HomeMy WebLinkAboutAugust 21, 2001 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 21, 2001 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 21 Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 51 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: July 10 and July 24th, 2001 *8] Approval of Bills in the Amount of $1,006,983.85 plus $182,055.87 for refunds, returns and pass through for a total of $1,189,039.72 9] Public Hearing on proposed vacation of 4 th Ave. between Cass and Webster Streets - Res. 5569 10] Recognitions: A] Presentation of MRPA Award of Excellence for Park Projects in Year 2000 :' Joe Schleper Baseball Stadium B] Recognition of Shakopee Aquatic Park Lifeguards — Res. No. 5572 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting 13] Re- convene 14] Recommendations from Boards and Commissions: A] Preliminary Plat for Prairie Village 7 1h Addition — Res. No. 5552 TENTATIVE AGENDA August 21, 2001 Page -2- 15] General Business A] Community Development * 1. Authorize WSB to Prepare EAW for Historic Structure (Roehl- Lenzmeier House) 2. Authorize Distribution of AUAR for Shenandoah Business Park and Minnesota Valley West (United/OPUS properties) *3. Text Amendment to City Code regarding Minor Subdivisions — Ord. No. 608 *4. Text Amendment to City Code regarding Use of Sales Trailers Ord. No_ 609 5. Request of RLK Kuuisto, Ltd. (RLK) and the Ryan Companies for Consolidated Review of Development Issues 6. Authorize Issuance of Building Permit Prior to Approval of PUD Amendment B] Public Works and Engineering 1. Off Site Improvements for Proposed Greenfield Plat *2. 2002 Single Axle Truck Acquisition 3. Transportation Equity Act Applications for Pedestrian Bridges, Railroad Crossings, and Improvements on CR 17 Intersections *4. Budget Division Transfer of Funds C] Police and Fire * 1. Participation Agreement with Multi - Jurisdictional Network Orl *2. Authority to Issue Citations — Ord. No. 610 3. Downtown Fire Station Reroofing [ization (MJNO) D] Parks and Recreation *I. Renewal of Concession Stand Agreements *2. Holmes Park Shelter Reconstruction E] Personnel * 1. Appointment of Richard Sames to Regular Employment as a Building *2. Accept Resignation of Police Department Records Technician F] General Administration * 1. Changing the November 6, 2001 Meeting Date — Res. No. 5568 *2. Application for On -Sale Liquor License — Great Lakes, Inc. 3. Institutional Network Partnership with ISD 720 16] Council Concerns 17] Other Business ector 18] Adjourn TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 21, 2001 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: July 10 and July 24th, 2001 *8] Approval of Bills in the Amount of $1,006,983.85 plus $182,055.87 for refu pass through for a total of $1,189,039.72 9] Public Hearing on proposed vacation of 4 th Ave. between Cass and Webster 10] Recognitions: A] Presentation of MRPA Award of Excellence for Park Projects in Year 2000: Baseball Stadium B] Recognition of Shakopee Aquatic Park Lifeguards — Res. No. 5572 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting 13 ] Re- convene returns and -Res. 5569 Joe Schleper 14] Recommendations from Boards and Commissions: A] Preliminary Plat for Prairie Village 7 th Addition — Res. No. 5552 TENTATIVE AGENDA August 21, 2001 Page —2- 15] General Business A] Community Development *1. Authorize WSB to Prepare EAW for Historic Structure (Roehl- Lenzmeiei *2. Authorize Distribution of AUAR for Shenandoah Business Park and Min; Valley West (United/OPUS properties) *3. Text Amendment to City Code regarding Minor Subdivisions — Ord. No. *4. Text Amendment to City Code regarding Use of Sales Trailers — Ord. No 5. Request of RLK Kuuisto, Ltd. (RLK) and the Ryan Companies for Consc Review of Development Issues 6. Authorize Issuance of Building Permit Prior to Approval of PUD Amend B] Public Works and Engineering 1. Off Site Improvements for Proposed Greenfield Plat *2. 2002 Single Axle Truck Acquisition 3. Transportation Equity Act Applications for Pedestrian Bridges, Railroad Crossings, and Improvements on CR 17 Intersections *4. Budget Division Transfer of Funds C] Police and Fire *1. Participation Agreement with Multi - Jurisdictional Network *2. Authority to Issue Citations — Ord. No. 610 3. Downtown Fire Station Reroofing D] Parks and Recreation * 1. Renewal of Concession Stand Agreements *2. Holmes Park Shelter Reconstruction E] Personnel * 1. Appointment of Richard Sames to Regular Employment as a F *2. Accept Resignation of Police Department Records Technician F] General Administration *1. Changing the November 6, 2001 Meeting Date — Res. No. 5568 *2. Application for On -Sale Liquor License — Great Lakes, Inc. 3. Institutional Network Partnership with ISD 720 House) - W RM Inspector 16] Council Concerns 17] Other Business 18] Adjourn TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting August 21, 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. 2002 Budget 4. Other Business: 5. Adjourn edagenda.doc CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mark McNeill, Executive Director Gregg Voxland, Finance Director FROM: Paul Snook, Economic Development Coordinator SUBJECT: 2002 EDA Budget MEETING DATE: August 21, 2002 At the August 16 budget meeting, EDA President Morke had a question regarding the line item amount of $154,500 for "supplies and services" in the 2002 budget summary. This figure represents general operating supplies /services along with $124,000 of Small Cities Development Program (SCDP) grant funds the City paid (as a pass - through from MN Department of Trade & Economic Development [DTED]) for property owner rehab work and Carver County HRA administrative expenses. As you recall, as rehab work is done on homes and commercial properties throug] program, the Carver HRA pays those rehab costs with their funds and then submi documentation to the City for reimbursement of rehab and administrative costs. T documentation is then forwarded to DIED. The funds are then advanced from D' the City and then the City reimburses the HRA. The reason the funds have to be r by the City (a "pass- through ") and not paid directly from DTED to the HRA is be the grant is to the City (not the HRA), and the City has to show that it has receive funds from DIED. The $124,000 figure is derived from the amount that was used in the SCDP grog] year, three advances from DTED totaling $123,772. This is represented on the re� side of the budget summary under the line item entitled "state aid ". This was not in the 2001 budget because at budget time last year the release of funds had not y approved by DTED and it was undetermined as to what amount of the rehab func be used in 2001. However, as the program progressed through the year and paym were made by DTED, a line item was created in the EDA account to administer t through. this Le ED to ceived ause the m this ,nue icluded t been would ats e pass- 02budgetmemo2.doc EDA FUND 2002 BUDGET ACTIVITY: Activity includes the operation of the Shakopee Economic Development A The EDA's mission is to enhance the quality of life in Shakopee by exr strengthening the local economy; broadening the city's job base and ir its revenue base through facilitating the preservation, expansion, crc attraction of quality businesses and related jobs. Implement strategic administer various programs (grants, loans, etc.) to accomplish above activities. Staff must maintain EDA records and prepare materials fox decisions by Commissioners. The Commission is comprised of the Mayor Council. Section 469.107 of the Minnesota Statutes states that the governing the request of the authority, levy a tax in any year for the benefit authority. The tax must be not more than 0.01813 percent of taxable value. OBJECT DESCRIPTION: Description of lines items: Wages & Benefits: EDA Director, EDA Coordinator, share of City Staff including Planning Professional Services: Legal and other consulting costs. Small included in supplies & services ithority. ending and greasing ition and E; and policy d City dy may, at f the arket Director. 4.000 Dues /Training /Travel: Membership dues for professional economic development associations such as the International Economic Development Council, Economic Development Association of Minnesota, and Mid - America Economic Development Council. Various conferences and training courses sponsored by professional economic development associations as outlined above. Miscellaneous: $ 92,750 for ADC Telecommunications, Inc., local effort assistance. ADC II does not affect 2002 budget. CITY OF SHAKOPEE 2002 BUDGET . EDA FUND BUDGET SUMMARY Revenue Taxes Intergovern mental State Aid Charges for Service Interest Miscellaneous Total Revenue Transfers Total Revenue and Transfers 16,323 35,344 8,000 13,000 1,000 222,429 121,490 182,520 284,180 45,000 50,000 33,000 267,429 121,490 232,520 317,180 Expenditures Personal Services 55,133 56,354 69,520 69.930 Supplies & Services 174,829 183,930 32,500 154 500 ADC Payment 132,500 92,750 Contingency Total Expenditures 317,180 229,962 240,284, 234,520 Excess (Deficiency) Of Revenues over Expenditures & Transfer 37,467 (118,794) (2,000) - Fund Balance December 31 $417,186 $298,392 $296,392 $296,392 Note: 2001 ADC pmt city @$50,000 & county @$82,500. Note: 2002 ADC pmt city @$33,000 & county @$66,000. Note: State Aid is from the Small Cities Development Program this is a pass through grant and is included in supplies & services on the expense side. EDA 2002 Budget Business Unit Business Unit 6215 Materials 55,040 2190 2191 126,000 Object # Description Benefits Management Total 6002 Wages FT - Reg. 300 56,850 56,850 6005 Wages OT - Reg. 100 6334 Telephone - 6122 PERA 6336 Printing/Publishing 2,950 2,950 6124 FICA 200 4,350 4,350 6135 Health & Life 4,280 6354 Property Insurance 4,280 6145 Dental 300 300 6170 Workers Comp 200 - 200 6180 Compensated Absences 1,000 6435 Other 1,000 6190 Retirement Benefit 6472 Conf / School / Training 1,000 - Total Personnel 5,780 64,150 69,930 6210 Operating Supplies 400 400 6215 Materials 55,040 - 6240 Equipment Maintenance 6300 Professional Services 126,000 - 126 000 6310 Attorney 20,000 20,000 6327 Other 300 - 6332 Postage 100 100 6334 Telephone 300 300 6336 Printing/Publishing 500 500 6338 Advertising 200 200 6350 Insurance 2,400 2,400 6354 Property Insurance - 6400 Rentals - 6420 Equipment Rent - 6430 Building Rent (IS FUND) 1,500 1,500 6435 Other - 6472 Conf / School / Training 1,000 1,000 6475 Travel /Subsistence 500 500 6480 Dues 1,000 .1,000 6490 Subscriptions/Publications 600 600 6640 Designated Miscellaneous 92,750 92,750 Total Supplies & Services - 247,250 247,250 6740 Capital Expenditures - 6498 Expenses Charged Back Total $ 5,780 $ 311,400 $ 317,180 Budget 2001 Diff 55,040 1,810 2,860 90 4,220 130 6,000 (1,720) 300 400 (200) 1,000 - 69,520 410 1,000 23,000 100 300 500 200 2,400 1.500 1,500 500 1,000 500 132,500 165,000 $234,520 (600) 126,000 (3,000) (1,500) 1,500 (500) 100 82,250 82.660 3525% .. , I I . Mayor Brekke called the meeting to order at 7:00 p.m. with Council Members Link, M Amundson, and Sweeney present. Also present: Mark McNeill, City Administrator; B Public Works Director /City Engineer; Judith S. Cox, City Clerk; R. Michael Leek, Con Development Director; Jim Thomson, City Attorney; Paul Snook, Economic DeveIopn Coordinator, Tracy Coenen, Management Assistant; Mark Themig, Facilities and Recn Director, and Mark McQuillan, Natural Resources Director. The pledge of allegiance was recited. The following items were added to the Agenda. 15.C.8 Waiver of Minor Subdivision Jeurissen Property, 15_ D. 5 Friendship Manor Curb Cuts and 151.9 Accepting Lions for use in Lion's Park. Amundson/Link moved to approve the Agenda as modified. Motion carried unani 10, 2001 Loney, ion riteria for the 'lub Donation Mayor Brekke had two items for the Mayor's report tonight. The Scott County Fair is erecting a Town Square representing the eight cities in Scott County; the County has requested each ('I provide a City flag and a donation of $500 for a flagpole. The City of Shakopee does r and Mayor Brekke would like the City to budget for a City flag in the next round of bu As of now, there is nothing budgeted for this purpose_ The second item dealt with me( negotiations with the Shakopee Mdewakanton Sioux. These meetings include four sep these entities being the City of Prior Lake, the City of Shakopee, Scott County and the Mdewakanton Sioux. It is extremely hard to come to consensus with four different en1 different thoughts, but the meetings are still continuing. The following items were removed from the Consent Agenda. 14_ B. Rezoning from for property located north of Valley View Road, east of Pheasant Run and west of CS requested by Tollefson Development and 15.C. 4 Final Plat of Savannah Oaks at Sou located south of Hwy 169 and north of Dean Lake. dd d to the Consent Agenda 15_C. l Final Plat for South ty :)t have a flag [get meetings. sings and Lrate entities; Shakopee ties all with ,G to R -1B H 83 bridge 4�', Crossings The following items were a e 2n located north of Southbridge Parkway and west of CR 18; 15.C.2 Final Plat for Brittany Village 4` located south of Hwy 169, east of Brittany Court and north of Dublin Lane; 15. F_4 Approve Plans and Specification for Reroofing City Hall and Public Services Building; 151.9 Accepting Lions Club Donation for use in Lion's Park. Link/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Link/Amundson moved to approve the meeting minutes for May 15, 2001. (Motion carried under the Consent Agenda). Official Proceedings of the July 10, 2001 Page —2- Shakopee City Council Link/Amundson moved to approve the bills in the amount of $948,478.43 plus $138,7122.59 for refunds, returns, and pass through for a total of $1,087,191.02. (Motion carried under the Consent Agenda). (The list of bills is posted on the bulletin board at City Hall for four weeks.) Mayor Brekke opened the public hearing on the proposed vacation of a portion of an easement within Lot 4, Block 2, Minnesota Valley 2 Addition. Mr. Leek, Community Development Director, reported on the request for a drainage and utility easement on a residential lot_ Mr. Leek oriented the location of the propose d- vacation of te drainage and utility easement on the lot that was being requested for City staff has received no objections to this vacation in writing or at the Planning Commission meeting. The Planning Commission reviewed the request on June 21, 2001 and the Planning Commission recommended approval of the vacation of the westerly drainage and utility easement. Mayor Brekke asked for audience participation. H.R. Spurrier, 1717 Presidential Lane, approached the podium and addressed the Council. He stated that he was requesting the vacation of 5 feet of a 10 -foot easement. Mr. Spurrier stated the utility and drainage easement is no longer needed and this is the only place he could put a shed. The other areas had a gas line easement. Mayor Brekke declared the public hearing closed. ' Morke/Link offered Resolution No. 5549, A Resolution of the City of Shakopee Vacating Easement Within Minnesota Valley 2 nd Addition, City of Shakopee, Scott County, Minnesota and moved its adoption. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Councilor Sweeney reported that the City of Shakopee is having no water usage problems but water sprinkling restrictions are in effect; the City of Prior Lake is at maximum pumping at this time and a total watering ban is in effect in Prior Lake. A recess was taken at 7:20 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re- convened at 7.30 p.m. Mr. Leek reported on the Text Amendment to City Code regarding Multiple - Family Residential (R -3) Zone. A few months ago staff was directed to prepare some alternatives for revision of the R -3 Zoning District, with respect to density, open space and parking. A deduction of density was Official Proceedings of the Shakopee City Council July 10, 2001 Page —3- proposed to the Planning Commission from a density of 5 -8 units per acre in the R -2 Zone and a density level of 8 -12 units per acre in the R -3 Zone with the potential of up to two unit density bonus in a planned unit development_ Two other alternatives were proposed. It was proposed that open space be required as in the PUD Ordinance or that the City of Shakopee look at their standard for parklands. This text amendment had several reviews at the Planning Commission level_ The Planning Commission noted that they were very uncomfortable limiting the density levels in the City of Shakopee to twelve units per acre for the long term. The Planning Commission felt a need to provide some higher density to provide a mix of housing. After much discussion, the Planning Commission directed staff to reserve the R -3 zoning district for some future text and to combine the proposed density levels into the R -2 Zoning district. Mr. Leek brought forward a couple more suggestions. The Planning Commission, on a split vote recommended to City Council that no change to the density levels should be made at this time but rather the R -2 and R -3 zoning districts should be revised with a complete revision to the Zoning Chapter. Mr. Leek was hoping to bring a revision of the Zoning Chapter before the Council, at least in outline form, in August or September. Right now the City of Shakopee has very little R -3 left to develop in the adopted Land Use Plan. The land that is zoned PRD in the proposed Land Use Plan would allow up to R -3 density. Mr. Leek stated that there was some potential for redevelopment, including R -3 on the west -end of Shakopee. Cncl. Morke was disappointed in what the Planning Commission brought forward. What the Planning Commission really wanted was to revise the Zoning Ordinance because it was quite old. Cncl. Sweeney stated there were really only two options. Either go along with the Planning Commission or say no to the Planning Commission and go along with the text amendment regardless of the Planning Commission vote. Cncl. Sweeney felt it made more sense to wait until the Zoning Ordinance was revised. Mayor Brekke thought the City Council was pretty clear what they wanted done and the City Council had a pretty clear consensus. He too was disappointed that the Planning Commission did not come up with a text amendment regarding the density in the R -3 Zone. Mayor Brekke was of the opinion that revising the Zoning Ordinance would just take to long. Five months ago the Council came up with some principle changes to the R -3 Zoning and Mayor Brekke felt these changes should be included in the zoning changes. Cncl. Morke wanted Mr. Leek to take back to the Planning Commission the conviction that the City Council wanted this Zoning Ordinance changed with the numbers the City Council agreed too and Cncl. Morke wanted the Zoning Ordinance revised soon. Mayor Brekke was not convinced that a revision to the zoning ordinance was needed. M the City Council wanted was a few changes to the R -2 and R -3 zoning regarding density, open space and parking. Mr......... Leek noted that the main difference between the memo dated March 22, 2001 and the memo dated June 7, 2001 was in the June 7, 2001 memo the Planning Commission gave direction for the section on R -3 zoning to been reserved for future language and the density requirements for R -2 and R -3 zoning districts be combined into the R -2 District. Morke/Link moved to direct staff to prepare an ordinance consistent with the specific action in the memo dated March 22, 2001 to the Planning Commission with the specific directions to be; 1) A decrease in the density allowed in the Multiple Family Residential Zone; 2) an implementation of an open space requirement for the R -3 zone; 3) an increase in parking requirements for the R -3 zone. Official Proceedings of the Shakopee City Council July 10, 2001 Page —4- Motion carried unanimously_ Councilor Sweeney encouraged Mr. Leek to continue with the review of the zoning ordinance. Mr. Leek reported on the rezoning from AG Preservation to Urban Residential (R- 113) for property located north of Valley View Road, east of Pheasant Run and west of CSAH 83 requested by Tollefson Development. Mr. Leek oriented the properties that are subject to this request along with the current MUSA line for the subject properties. The request is consistent with the adopted Comprehensive Plan guiding as well as the Plan Update guiding. A copy of the concept plan for the proposed development was enclosed in the Council agenda packets for tonight but Mr! Leek stated the Rezoning of this property to R -1B is the subject for tonight, not the concept plan_ The Council did not like the concept plan at all. The Planning Commission by a unanimous vote did recommend approval of the rezoning as outlined in Ordinance No 602 before the Council tonight. Mayor Brekke did not really have problems with the rezoning issue but he felt the concept plan needed a lot of work i.e. no sidewalks were shown, the traffic movements were poor and there were concerns about the green space, etc. If the Council were to approve the rezoning, they wanted it understood that in no way did this rezoning reflect their approval of the concept plan. Mr. Leek stated that the entire eastern portion of the existing MUSA area is a drainage challenge. WSB and the City Engineering Department are working on alternatives for a temporary and a permanent resolution to the drainage problems in this area. Mr. Loney commented on the drainage resolutions. How to best build an adequate drainage channel for this area is one of the issues being discussed with the Shakopee Mdewakanton Sioux. Some of the lots in the concept plan could not be built on right now because these lots would be needed for the temporary holding pond in this area. After the main drainage channel is built, then the lots would be buildable. AmundsonfLink offered Ordinance No_ 602, 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 Valley View Road, East Of Pheasant Run and West Of County Road 83 From Agricultural Preservation (AG) Zone To Urban Residential (R -1B) Zone, and moved its adoption. Mayor Brekke asked for audience participation. Gary Wollschlager, representing Tollefson Development, approached the podium and 'stated .the plat in front of the Council tonight is a general idea. Tonight Tollefson development is asking foa rezoning of the property. If the rezoning is approved then Tollefson can address the platti r ng issues. Mr. Leek stated this rezoning is incompliance with the adopted Comprehensive Plan and is in compliance with the Updated Comprehensive Plan. official Proceedings of the Shakopee City Council July 10, 2001 Prize —5- Councilor Sweeney wanted the record to show that the concept plan seen tonight was not what the Council would like to see platted for this area. There was consensus on this statement. Motion carried unanimously. Mr. Leek reported on the rezoning from AG to R2 for property located north of 17` Avenue extended, east of CSAH 17 and west of CSAH 83 requested by Tollefson Development- Mr. Leek oriented the property including the MUSA boundary. Mr. Leek stated the request tonight is to rezone the subject property to R -2. At the Planning Commission meeting, staff recommended approval of the rezoning based on the location of the property and a pending policy shift to high and medium density. This is zoned PRD in the pending Land Use Plan Update and would allow densities from single- family thru high density. The Planning Commission after taking public testimony and much discussion on the zoning recommended denial of the rezoning with a unanimous vote. This vote of the Planning Commission meeting was based on the request to rezone to R -2 being inconsistent with the 1996 Land Use Plan_ Gary Wollschlager, representative of Tollefson Development, approached the podium and said Tollefson Development is asking for a rezoning to R -2. The present zoning is agricultural, in the adopted Comprehensive Plan zoning is R -IB, and the pending Land Use Plan' s showing this are for PRD that includes medium density. Mr. Wollschlager was looking for direction from the Council on what this land should be zoned. He would like R -2 zone, kut if not approved he would come back with a request to rezone to R -1 _ Mayor Brekke asked for audience participation. There was discussion as to whether this land should /could be rezoned to PRD at this time and the status of the pending Comprehensive Plan with the Met Council. Councilor Sweeney felt perhaps the appropriate motion would be to table this matter until there is a decision from the Metropolitan Council regarding the pending Comprehensive Plan_ This tabling action would need Tollefson Development's consent and according to Mr. Gary Wollschlager this tabling action would pose contractual problems with the land seller and may not allow the contractor to accomplish his objectives for this development yet this year. Morke/Link moved to deny the request of Tollefson Development to rezone property located north of 17`'' Avenue extended, east of CSAH 17 and west of CSAH 83 from Agricultural Preservation (AG) Zone to Medium Density Residential (R2) Zone and directed staff to prepare a resolution denying the rezoning request consistent with the Planning Commission recommendation. Councilor Sweeney called the question. Official Proceedings of the Shakopee City Council July 10, 2001 Page —6- Motion carried unanimously. Link/Amundson offered Resolution No. 5556, A Resolution Of The Shakopee d ober and moved its Authorizing Execution Of An Agreement For The Project Entitled Safe a , adoption. (Motion carried under the Consent Agenda). Mr_ McNeill, City Administrator reported on the possible Park Dave Brown, South of O'Dowd Lake. He explained that Mayor Brekke was contacted by realto , regarding some ]and around a portion of O'Dowd Lake being for sale. Mr. McNeill oriented the 43.85 acres for sale that tored the site. The has a listing price of $35.000 per acre_ City Staff along with Mr. Dave e The current CIP accessibility at this time is from County Rd. 17 and is not to a very good loca ston does identify a $1 million project that would consist of 50 acres outside the urban service area with an acquisition date of 2003. However, the Park Board looked at that date earlier this year and recommended that the date be moved back to 2006 because of other pressing issues. There are no immediate funds available for this purchase. Mark McQuillan has prepared a memo regarding this land acquisition for the Council with options, if this land purchase is something the Council is interested in at this time. If this land is purchased at this time, it t act as the City's d the r for project would be completed at a future date. Mr. Brown has o this piece of property and has offered to give back to the City Yz of his commission. Cncl. Sweeny was in agreement to purchase this land now because it was future p k wrtCncl. Council Morke wanted t see purchase a large piece of property outside of MUSA for future park independent appraisahe property done as the property is currently zoned becau an se he felt the I of t price was way out pra line. There did appear to be some serious issues with this piece of land. Cncls. Amundson and Link concurred with Cncl. Morke and Sweeney. Mayor Brekke was in favor of looking into the land purchase because it was consistent with the goals of the Council to buy up some land outside of MUSA for park area and he also felt that the citizens of Shakopee would get viable access to a recreational lake. Mr. Jeff Kaley, 754 Madison Street South, Park and Recreation Advisory Board member, was funding the podium and stated that he thought this was a good opportunity and his only concern the proposed acquisition. Mr. Kaley asked that the funding be creative d at not want the land t urc l hase mon would be reimbursed from the Park Reserve Fund. Mr. Ka ley d to be at the expense of other park projects that truly needed to be done within the City. There was discussion on the creative funding_ It was pointed out that in the memo from Jason Bullard the water and electric funds belonged to the Shakopee Public Utilities. Sweene Y /Morke moved to direct staff to get an independent appraisal for the 43.85 acres that is for sale on Lake O'Dowd. Motion earned unanimously. Sweeney/Morke moved to direct staff through Mr. Loney to get an engineering Motion evaluation unanimously. potential for the beach to be used by residents of the City of Shakopee. M Official Proceedings of the July 10, 2001 Shakopee City Council Page —7- The broker issue was discussed. Dave Brown, Dave Brown Realtors, 287 Pioneer Lane, approached the podium and stated that he thought he should call Mayor Brekke regarding the land that was for sale on Lake O'Dowd. He remembered hearing the City say they were interested in property around Lake O'Dowd. He stated he was informed that the City did like to go directly to the property owner, however, the sign for this sale of property was very inconspicuous. He did feel he knew the land in Shakopee. Link/Amundson offered Resolution No_ 5550, a Resolution of The City Of Shakopee, Minnesota, Approving The Final Plat of Southbridge Crossings Second Addition, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the transfer of the 66 foot strip to Tollefson Development, Inc. for inclusion in the Final Plat of Brittany Village 4 and offered Resolution No 5551, A Resolution Of The City of Shakopee, Minnesota Approving the Final Plat of Brittany Village 4` Addition, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson offered Resolution No. 5555, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Street Right -Of -Way for 4�' Avenue Between Cass and Webster Streets, and moved its adoption. (Motion carried under the Consent Agenda). A recess was taken at 8 :52 p.m. The meeting re- convened at 9:04 p.m. Mr. Leek gave a clarification on the trail connection within the final plat for Savannah Oaks at Southbridge 4`', located south of Hwy 169 and north of Dean Lake. There has been some discussion with the Natural Resources Director and Brauer & Associates regarding trails in this area. There was a specific change to the trail that Mr_ Leek oriented along with a material change to the plat that will need to be made prior to the recording. Mr. Leek requested if the final plat were adopted tonight, that a specific revision be included in Resolution No. 5553. The trail would run across Lot 17, Block 2 in Savannah Oaks at Southbridge 4 and the developer would propose to split off this lot and dedicate it to the City for trail purposes. The final plat drawing would need to be revised to reflect this dedication to the City. This would be an amendment to Resolution No 5553 that would state this revision would need to be done before the recording of the final plat_ Other than this change the Final Plat is consistent with the Preliminary Plat. Mayor Brekke asked about the noise abatement requirement in this plat. Mr. Leek addressed his question. Official Proceedings of the July 10, 2 00I Page —8- Shakopee City Council Mr. Leek asked that a condition I.D. needed to be added to amend the dedication page to show that portion of lot 17, block 2, which would be dedicated for trail purposes, and amend the plat drawings to reflect that additional dedication. Sweeney /Amundson offered Resolution No. 5553, A Resolution Of The City of Shakopee, Minnesota Approving The Final Plat of Savanna Oaks At Southbridge 4 Addition and moved its adoption with the intent of amending the Resolution. Sweeney /Amundson moved to amend Resolution No. 5553 as needed to reflect the dedication of a portion of Lot 17, Block 2 for trail purposes, and amend the plat drawings to reflect that trail dedication. The amended motion carried unanimously. The amended main motion carried unanimously. Mr. Leek reported on the Prairie Village 6` Addition Final Plat Grading Plan. A memorandum from the City Engineer was included in the Cncls. packets and Mr. Loney deferred to Mr. Bruce Loney, Public Works /City Engineer Director, to address the issue specifically- Amundson/Link moved to remove the Prairie Village 6" Addition Final Plat Grading Plan from the table. Motion carried unanimously. Mr. Loney approached the podium and reported on the final plat of Prairie Village 6 d ition with respect to the grading. The lots in question are Lot 8, Block 2 and Lot 9, Block . p has proposed a change i Block 2.' The preliminary plat showed the homes for 9 as rambler lot on a basically ally flat lot. What the developer is proposing is actually adding fill to raise lots 8 & 9 approximately 2'/i feet. This does meet the City design criteria. The final plat is in conformance with the preliminary plat but the grading plan was changed in the final plat. There was discussion with the Council on the new grading plan and the housing type. There was a change made from the preliminary plat to the final plat and Jim Thomson, City Attorney thought there was enough of a change that Council approval was needed. Mr. Thomson did not feel this final plat was in substantial compliance with the preliminary plat. Cory Lepper, representing Orrin Thompson Homes, approached the podium and stated that he did agree with Mr. Phil Isaak that there was a grading differential between the preliminary and the final plat_ Mr. Lepper stated Orrin Thompson Homes was fine with changing back to the preliminary plat grading if that is what the Council desired. Orrin Thompson Homes will put in a retaining wall to retain the grade and see that the drainage swales stay the same. Official Proceedings of the Shakopee City Council July 10, 2001 PaQe —9- Mr. Lepper would like to start building from the western set back thus maximizing the eastern set back for the neighbors and depending on what home was purchased there could possibly be a 19 foot set -back on the easterly side. Councilor Sweeney would like to see in writing what Orrin Thompson Homes and Mr_ Phil Isaak agreed to. Phil Isaak, 2022 Chester Street, approached the podium and stated the house size had been discussed many times. Orrin Thompson Homes would not agree to house restrictions. In reality the grading difference would be smaller in the preliminary plat than the grading difference in the final plat. Mr. Isaak also pointed out that the cul -de -sac has increased in height so the lights coming into his back yard are coming from a higher point. Cory Lepper approached the podium and stated his concern was that Orrin Thompson could get to a point with restrictions that they did not have a home to put on the lot. Sweeney /Amundson moved to approve Resolution No. 5543, Final Plat of Prairie Village 6` Addition, with the condition that the final grading plan for Lot 8, Block 2 and Lot 9, Block 2 be the same as the preliminary plat grading plan for Lot 8, Block 2 and Lot 9, Block 2. Motion carried unanimously. Councilor Link addressed the Extension of Final Plat Approval for Stonebrooke 4` Addition. Mr. Link stated there was a letter for a 6 -month extension when a 12 -month extension is really what the developer wanted. Link/Sweeney moved that a one -year extension be granted for the approval period for Stonebrooke 4` Addition, making the plat valid until July 10, 2002. Motion carried unanimously. Link/Amundson moved to authorize an extension agreement with WSB, Inc_ for prepa EAW for a single- family development by ToIlefson Development, Inc. (Motion carried Consent Agenda). Cncl. Link represented Mr. Jeurissen in his request for a waiver of Minor Subdivision C Jeurissen Property; Cncl. Lank will be abstaining from voting on this issue_ Mr. Link stz waiver of Minor Subdivision Criteria is a request that the Council waive the provision o Sec. 12.2 1, Subd. 2, E. The reason for the waiver at this time is if the future trunk sew down County Road 42 then the 400 foot wide strip (12 acres) would be able to be subd lots for sale if the sewer and water lines are needed to be extended up into the 70 acres. acres is a landlocked parcel. This proposed development will not be built at this time bi County Road 42 is needed to make this proposed development work. Mr. Leek stated needed because in order to do a minor subdivision the property needs to have been prey on of the der the iteria for the ted that this City Code r main comes vided into The seventy t access to he waiver is iously platted. 001 2 , Official Proceedings of the Page July 10 0, 2 Shakopee City Council This is not previously platted land. The waiver is for the 12 acres that will be divided off the homestead. Even if the waiver was granted, but the development did not happen, the lots created would still meet the rural residential lot standards of ten acres. Cncl. Sweeney had mixed emotions about the waiver. The Council has done metes and bounds lots before but not in the rural residential district. Cncl. Sweeney's concern was if the Council did this waiver of minor subdivision now would this put the Council in a precedent setting situation. Mayor Bre not see any should have problem a too be doing this waiver of minor subdivision. There was discussion on hel platted before a subdivision is allowed. Morke /Sweeney moved to table the waiver of minor subdivision criteria for the Jeurissen property. Motion carried unanimously with Cncl. Link abstaining from the vote. Sweeney/Morke moved to direct staff to prepare an amendment to City Code Sec. 12.21, Subd. 2, E to eliminate the requirement that a parcel being subdivided needs to be platted before the subdivision can occur. Motion carried unanimously with Cncl. Link abstaining from the voting_ Mr. Loney gave the staff report on the request for the installation of a second driveway. A letter was received from Dale Haupt, 406 2 Avenue East. Mr. Haupt has a corner lot and would like to put up a garage. According to policy, Mr_ Haupt is allowed only one curb cut on 2 "d Avenue and there is d one existing curb cut on to 2 Avenue now. Mr. Haupt applied for a variance to the setback to the Planning Commission so this garage could be built using the current driveway but the Planning Commission denied the variance. Morke /Sweeney moved to approve the curb cuts in two locations on Second Avenue for Mr. Dale Haupt, 406 2 " Avenue_ Motion carried unanimously. Mr. Loney addressed the Friendship Manor curb cuts. Additional work is being requested by Friendship Manor to be added to the project costs that are being done in that area now. Some of these needs are being brought forward now because these needs have become necessary because of the reconstruction project that is taking place now at Friendship Manor. Mr. Loney oriented the improvements that are being requested. These improvements include sidewalks and driveway relocation. A price was received from Northwest Asphalt, Inc. to do the requested work for $39,925. Friendship Manor has asked that these costs be put on a change order. This request is made so the improvements become part of the project costs and therefore is a budget item with the State. If Friendship Manor had to pay for these improvements themselves, even with the cost reductions, they just could not afford it. Mr. Loney had a second alternative available to lower the cost. A letter was received from Friendship Manor in which they agree to be assessed for these costs and they agree not to appeals the assessments. Sweeney/Morke moved to authorize the additional work to be done for Friendship Manor with the costs being added to the 2000 Reconstruction Project as outlined in the memo at July 10, 2001 Official Proceedings of the Shakopee City Council July 10, 2001 Pate —11- from Mr. Loney and Friendship Manor agreeing to be assessed for these costs and their agreement not to appeal the assessments. Motion carried unanimously. (CC Document No. 307) Mr. Loney reported on the T.H. 169 Corridor Plan. MnDOT is going thru several studies of inter- regional corridors throughout the State of Minnesota. One of the inter - regional corridor study pertains to T.H. 169 that serves southwestern Minnesota. There is a timeline that has been set for the corridor studies. Mr. Loney is a member of the Technical Advisory Committee and Mayor Brekke is a member of the Policy Advisory Committee. The corridor of 169 from East Bloomington to Mankato is being studied. Based on the traffic trends observed and the growth of traffic on T.H. 169, MnDOT feels an extension of the freeway system that was built through Shakopee should at least be built down to the City of Jordan. One of the draft ideas is to keep the corridor viable as far as moving traffic is concerned by creating more access points vs. signals. A concept drawing is before the Council to look at a possible freeway interchange with T.H. 41 and T.H. 169. One of the charges to the Technical Advisory Committee is to prioritize improvements to the corridor. This possible interchange at T.H. 169 and T.H. 41 is about the third in line as far as priority is concerned. The major change proposed at this date is a freeway ramp scenario at T.H. 41 and T.H. 169 to help move traffic without coming through a signal. Because of access spacing for freeways, CR 69 access to T. H. 169 will no longer be there. There will be an overpass over CR 69 but there will be no direct access. Frontage roads will have to provide the access (CR 15 and CR 78). Mr. Loney was looking for discussion and comments on the corridor study. Council members felt something other than what was now being discussed for CR 69 access needed to be done. Council members thought that what was being discussed now would not be good for the western end of Shakopee or the commercial area in downtown Shakopee. The Council wanted it pointed out to MnDOT that they wanted two access points to remain at T.H. 169 and CR 69 into Shakopee. There was discussion on the corridor study regarding T.H. 169 and CR. 69. It was felt that the signage was critical and the Council wanted this looked at and possibly correction of the current signage on the east end of T.H. 169 coming into Shakopee. At one time there was an interchange planned for T.H. 169 and CR 69. It was taken out previously in order to make the project financially viable. Why is it not an issue now to put that interchange back in? The Council also wanted the Committee to at least discuss why the interchange at CR 69 and T.H. 169 is not included this time in the corridor study plan. What is the rationale; if the interchange was good 15 years ago why is not good now. There was discussion of the 17` Avenue extension alignment with the frontage road. The Council would like this discussed. Mr. Loney will draft a letter to MnDOT regarding the corridor study discussion. Link/Amundson moved to authorize the purchase of a hooklift, flatbed and box from ABM Equipment & Supply, Inc. for the purchase price of $44,824 and a plow form J -1 using the State bid price of $8,912.24. These equipment purchases will be funded fron Service Equipment Fund. (Motion carried under the Consent Agenda). ,raft, Inc. the Internal Official Proceedings of the July 10, 2001 Shakopee City Council Pale —IZ- Link/Amundson moved to authorize the purchase of one new Tenco model TC- 172 -LM snow blower from ABM Equipment & Supply Inc. for the purchase price of $57,510 with payment to be expended from the Internal Equipment Fund. (Motion carried under the Consent Agenda). Link/Amundson moved to accept the resignation from Scott Smith, Project Engineer, effective July 9, 2001 with regrets. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the Engineering Department to continue advertising for vacant Engineering positions in the Engineering Department. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the appropriate City officials to execute the Joint Powers Agreement For Assessment Of The City Of Shakopee agreement with Scott County for the 2002 assessment year in the amount of $74 (Motion carried under the Consent Agenda). Link/Amundson moved to approve the following listed parking and traffic related issues relating to Derby Da s, August 1` -5`''. (Motion carried under the Consent Agenda). 1. Parking lot and Second Avenue north of the railroad tracks between Sommerville Street and Lewis Street on Wednesday, August 1 at 5:00 P.M. until noon on Sunda , August 5'. 2_ Parking lot between Lewis and Holmes Street August 2 -4 Carnival Rides)_ 3. Lewis Street, and Homes Street north of 2" Ai enue, and Holmes Street north of alley, leaving access to parking lot via Holmes Street, and 1 Street from Holmes to Sommerville Streets on Thursday August 2 "d through Saturday August 4 from 8:00 AM until 8:00 PM_ (Sidewalk Sales. 4. 3 Avenue from Sommerville to Lewis Streets on Saturday August 4`� from noon until 3 :00 PM. Water Fights 5. Lewis Street fr om 4` Avenue to 2 "d Avenue on Saturday August 4`�, from 2 PM. (Soap Box Derby) 6. Exit from County Road 69 onto Holmes Street and I" Avenue from Holmes Street to Lewis Street on Thursda , Au st 2 nd from 2 PM_ Taste of Shakopee) 7. 3` Avenue and 4' Avenue from Naumkeag Street to Holmes Street from 8:00 AM. until 1:00 PM. on Saturday, August 4'. (Parade Route 8. Alleys between Sommerville Street to Holmes Street up to the parking area behind Real Gem Jewelers and Art Gallery — August 2 -5. 9. Authorize sidewalk sales by downtown merchants — Thursday through Saturday. 10. Authorize the assistance of Public Works for set up of picnic tables, benches, and clean up as needed. Link/Amundson moved to direct that "Fire Parking Only" signage be erected on the north side of Second Avenue east of Scott Street, for a distance of 160 feet, across 2 "d Avenue from the Downtown Fire Station. (Motion carried under the Consent Agenda). Official Proceedings of the July 10, 2001 Shakopee City Council Page —13- Link/Amundson moved to adopt the plans and specifications for the City Hall and Public Services building reproofing project as prepared by JEA Architects, and direct that advertisement for bids be made. (Motion carried under the Consent Agenda). Mayor Brekke asked for a Council member volunteer to help him in performing the City Administrator's annual performance evaluation. Mayor Brekke and Cncl. Morke will perform the City Administrator's annual performance evaluation. The review process will consist of written comments from all Council members and discussion of the continents with Mayor Brekke and Cncl. Morke along with goal setting. Sweeney /Sweeney offered Resolution No_ 5557, A Resolution Authorizing Expansion Of The Target Area and Extension Of Grant Period For The Small Cities Development Program, and moved its adoption. Motion carried unanimously. Link/Amundson offered Resolution No. 5558, A Resolution Of Special Commendation to Jerry Poole, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the appropriate officials to sign the "Recycling Pro Agreement" by and between Scott County and the City of Shakopee. (Motion carried c Consent Agenda). Link/Amundson moved to authorize the acceptance of $5,500 from the Lions Club and funds to be place in the Escrow Fund for use in Lions Park. (Motion carried under the Agenda). Morke Sweeney moved to adjourn to Tuesday, July 24, 2001 at 7:00 p.m. Motion unanimously. The meeting adjourned at 10:17 p.m. Judith S. Cox City Clerk the ize the Carole Hedlund Recording Secretary OFFICIAL • D OF • L ADJ. REGULAR SESSION SHAKOPEE, M11 OTA 0 Mayor Brekke called the meeting to order at 7:00 p.m. with Council Members Link, Mo Sweeney, and Amundson present. Also present: Mark McNeill, City Administrator; Bn Public Works Director /City Engineer; Judith S. Cox, City Clerk; R. Michael Leek, Coma Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; The pledge of allegiance was recited. Loney, The following item was removed from the Agenda. 15.B.3 Extension Agreement with WSB Inc. for EAW for Removal of Historic Structure. Amundson/Link moved to approve the Agenda as modified. Motion carried Mayor Brekke reported that there was a meeting scheduled tomorrow between the Sh, Mdewakanton Sioux Community, Scott County and the City of Shakopee to discuss tl application. Mayor Brekke stated also the City of Shakopee received today the Shako Mdewakanton Sioux's response to the BIA deficiency letter. In March the BIA sent a explaining to the tribal government that the Land Trust application was deficient. The Mdewakanton Sioux responded then to the BIA and the response from the BIA regarc deficiency was just received today by the City of Shakopee. Staff will look at the lette with a response. Sweeney/Morke moved to approve the Consent Agenda. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to item not on the agenda. Bruce Theis, High Five Erectors, approached the podium and discussed the time itamc applications. He wanted to know if the timing for the permit process could be hurried Bruce Theis was hoping to be done around the time the building permit would probabl for his addition. Mr. Leek commented on the process. Mr. Bruce Theis' property is 1( Major Recreation District and that is why the PUD is required. The review schedule r amended for Scott County review because the property is adjacent to County Road so longer than usual. This is a County requirement and the City of Shakopee can't waive requirement. Mr. Leek offered an alternative of perhaps allowing a footing and found with a Hold Harmless Agreement pending review of the PUD amendment for the addi controversial to the amendment to the PUD is foreseen. This alternative would requir City Council to staff. Mr. Theis was not acceptable to this alternative. The alternativ provide much of a time saving in his estimation. Rezoning was discussed. There was how this issue for timing could be resolved. Land Trust ig this and follow -up any for building along. Mr. y be granted )cated in the as been the time is the County's tion permit , ,ion. Nothing direction from did not discussion on Official Proceedings of the Shakopee City Council July 24, 2001 Page —2- Sweeney/Morke moved to direct staff along with the City Attorney to prepare a footing and foundation permit along with limited other structural changes that are acceptable to staff and applicant for an addition at High Five Erectors, with a Hold Harmless Agreement. Motion carried unanimously. Sweeney/Morke moved to approve the meeting minutes for June 5, 2001. (Motion carried under the Consent Agenda). Sweeney/Morke moved to approve the bills in the amount of $324,495.13 plus $72,191.92 for refunds, returns, and pass through for a total of $396,687.05. (Motion carried under the Consent Agenda). Cncl. Sweeney reported on some Shakopee Public Utilities issues. The Levee Drive substation was discussed by the Shakopee Public Utilities. Shakopee Public Utilities was directed 'to remove the equipment from the substation, move the poles, and underground what utilities need be undergrounded with the intent to turn the building over to the City. He noted that the building is located on a State Trail and could possibly have a potential use. There was discussion by the Council on the condition of the building. Mr_ Loney, Public Works Director /City Engineer, suggested that an inspection of the building be done to see what costs would be involved to bring this building to code. Cncl. Sweeney also reported on water fee issues. The connection fees and the meter fees were the issues. The City transferred the collection of these fees over to Shakopee Public Utilities beginning July l but Shakopee Public Utilities felt this date was too soon and it was suggested that the transfer date of the fees collection be January 1, 2002. There was also an issue regarding a third fee. This fee was the inspection fee and this fee issue was discussed. It was recommended by the Shakopee Public Utilities Commission (SPUC) that the inspection fee be given to SPUC because they do the inspection. It was pointed out that SPUC does not do all of the inspection. Some of the inspection falls to the City of Shakopee. SPUC will contact Mr. McNeill, City Administrator. Mr. Van Hout was also directed by SPUC to address a letter to the City Council asking the Council's support of the increase of SPUC members to five (5). The discussion of the additional members should be the length of terms. Sweeney/Morke offered Resolution No. 5561, A Resolution Of The City of Shakopee, Minnesota, Amending Resolution No. 5495, Establishing An Environmental Advisory Committee For the City Of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Morke offered Ordinance-No. 603, Fourth Series, An Ordinance Of The City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Regarding The Medium Density Residential Zone, (R -2) And The Multiple Family Residential Zone (R -3), and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the July 24, 2001 Shakopee City Council Page —3- Sweeney/Morke offered Resolution No. 5560, A Resolution Of The City Of Shakopee, Minnesota, Denying A Request To Rezone Property From Agricultural Preservation (AG) To Medium Density Residential (R2), and moved its adoption. (Motion carried under the Consent Agenda). Cncl Sweeney addressed the letter to the City Council members to rezone property from Agricultural - -. _ .. 1 1 n -- T - - - -- representing Orrin Thompson Homes. In his letter of May 9, 2001, Mr. Lepper stated that Orrin Thomson endorses the Valley View project and agrees to pay the lateral benefits per the Assessment Policy. He also stated that they expect consideration for the +/- one acre of right -of -way taking along Valley View; and, if for any reason the project did not proceed as scheduled that they would expect the Sarazin Street improvements to commence this summer. Cncl. Sweeney took issue with the letter. Sweeney/Morke directed staff to write a letter to Cory Lepper, of Orrin Thompson Homes in response to his letter dated May 9, 2001 regarding the Valley View Road and the Sarazin Street improvements. Motion carried unanimously. Sweeney /Amundson offered Ordinance No. 604, 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 Valley View Road, and East of County Road 17 From Agricultural Preservation (AG) Zone to Urban Residential (R -1B) Zone, and moved its adoption. Motion carried unanimously. Mayor Brekke asked Mr. Cory Lepper if he had anything to add. Mr. Lepper did not'. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5559, A Resolution Of The City of Shakopee, Minnesota, Approving The Registered Land Survey Submitted By Render Bank Limited Partnership, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Morke moved to approve the expenditure of MIS funds to upgrade the domain server for the Community Center building as recommended by LOGIS in the amount of $5,880. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director /City Engineer, introduced the Blue Lake Watershed Outlet issue and Ms. Andrea Moffitt addressed the proposed EAW for the Blue Lake Watershed Outlet Channel_ Mr. Loney oriented the area of the Blue Lake Watershed Outlet where the feasibility study was done_ He reported that this feasibility study was sent to various agencies i.e. DNR, Shakopee Mdewakanton Sioux Community (SMSC), PLSL Watershed District, Lower Minnesota Watershed District, Scott County and the Shakopee Environmental Protection Agency. Official Proceedings of the July 24, 2001 Shakopee City Council Page -4 Comments were received back from the DNR, Shakopee Mdewakanton Sioux Community, and the Lower Minnesota River Watershed District (LMRWD). A letter was received from Linda Lehman, hydrogeologist representing SEPA. These comments were heard by the City's Environmental Advisory Committee and this committee recommended that an EAW be done for the Blue Lake Watershed Outlet site. This would be a discretionary EAW ordered by the City that would answer many questions regarding this watershed. This discretionary EAW will be needed for discussions with the SMSC and for the County Road 83 project. The estimated costs for this EAW is $26,300 with costs not to exceed $31,000. This would be funded out of the Storm Water Trunk Fund. Mr. Loney stated that he has had conversations with Kevin Bigalke of the LMRWD, and Pat Lynch of the DNR, and these people are very supportive of doing the EAW. Ms. Andrea Moitt, of WSB & Associates Inc., presented the proposal of the EAW. She stated that tonight's purpose was to authorize the preparation of an EAW for the Blue Lake Watershed Outlet. Ms. Moffitt with the aid of a graphic showed the drainage pattern of the water in the area. The EAW will analyze the three alternatives that were presented in the feasibility study. Ms. Moffitt stated that the potential is there for this EAW to be a mandatory EAW because of the wetlands in the area rather than the discretionary EAW it is at this time. The scope of the EAW will analyze the functions, values and the health of Dean Lake. The impact of routing water to Dean Lake or diverting this water from Dean Lake will be looked at. There will be a detailed analysis of the water quality and water quantity impacts of Dean Lake and the down stream areas. The EAW will seek comments from the public as well as agencies and will provide guidance as whether an EIS is needed. There was discussion as to which alternative(s) should be included in the Sweeney /Amundson moved to authorize an extension agreement with WSB & Associates, Inc. for the preparation of an EAW for the Blue Lake Watershed Outlet. The EAW would be funded by the Storm Water Trunk Fund. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5563, A Resolution Amending Resolution No. 5459 Which Adopted The 2001 Part-Time Pay Plan For The Part-Time Non -Union Employees Of The City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Morke moved to authorize the appropriate City officials to execute modification to Appendix A by authorizing a Cost of Living Adjustment of 3.49% for the year 2001 for the Police Sergeants Bargaining Unit of Law Enforcement Labor Services Local 279. (Motion carried under the Consent Agenda). Official Proceedings of the July 24, 2001 Shakopee City Council Page —5- Sweeney/Morke offered Resolution No. 5562, A Resolution Of The City of Shakopee, Minnesota, Approving Premises Permit (Pull -tabs) For Shako - Valley Amateur Hockey Association, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Morke moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of $222,695 and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. (Motion carried under the Consent Agenda). Mr. McNeill, City Administrator, suggested alternative meeting dates for the special meetings that were needed. Mr. McNeill was advised that the dates of August 22 nd , and 23 would not work. Mr. McNeill suggested Monday August 13 Tuesday August 14 and Thursday August 16 The State is not required to give the City the levy information until September 1, 2001. There will still need to be a workshop meeting on September 6 th and if necessary Sept. 11, 2001. Some of these dates were unacceptable to the Councilors. The special meetings dates are: July 26, and July 31, August 9, 13, 14, 16, and September 6 and possibly September 10. Last year no joint meeting was held with Jackson and Louisville Townships for budget purposes. Last year these Townships were sent the information and asked to comment. It was decided that every few years a joint meeting should be held with the Townships; every year was not necessary. Cncl. Sweeney liked to have discussion on the Fire Department budget with the Townships because the City's Fire Department impacts the budget of the Townships. The orderly annexation agreement with Jackson Township will be the topic for the July 31 special meeting. Sweeney/Morke moved to approve the application and grant a tobacco license to Twin Cities Avanti Stores, LLC dba Food n Fuel, 234 West 1' Avenue, effective July 25, 2001 through December 31, 2001, upon the surrender of the license to Avanti Holdings, Inc. (Motion carried under the Consent Agenda). Mr. Morke noted that he had a letter on the table indicating that he will be resigning from the City Council effective December 31, 2001. He will be getting married and moving out of town next spring. A resolution will be forthcoming regarding Cncl. Morke's resignation. A recess was taken at 8:07 p.m. for an executive session. Mayor Brekke re- convened the meeting at 8:18 p.m. Mayor Brekke stated that the City Council is coming out of an executive session during which there was discussion regarding the condemnation proceedings involving Wampach property in down town Shakopee. Official Proceedings of the July 24, 2001 Shakopee City Council Page —6- Sweeney/Morke moved to direct staff to prepare a resolution considering whether or not to terminate condemnation proceedings for the potential acquisition of the Wampach property to be considered at the next City Council meeting. Motion carried unanimously. Sweeney /Amundson moved to adjourn to Thursday July 26, 2001 at 5:00 P.M. Motion carried unanimously. The meeting adjourned at 8:20 p.m. dith S. Cox City Clerk Carole Hedlund Recording Secretary g CITY OF SHAKOPEE CoN NT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: Citv Bill List DATE: August 16, 2001 Introduction and Background Attached is a print out showing the division budget status for 2001 based on data entered as of 8/16/2001. 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 $182,055.87. The actual net expense amount is $1,006,983.85. Action Requested Move to approve the bills in the amount of $1,189,039.72 N O _co m N co a _ O O _ _ Q o a m V o m m C9 O M m V R V C c) n W ° M o m of O N c , r� I M uJ y� 0 N b Iq N O N O O M N O ll7 N V N U7 lj N M M O n O O ! � L . co m N M O M N M M O M V C CL O O N V co M ^ O O O N a0- O c2 V U V Iq M t9 co Q W M M 07 to 00 M 0 m M � V O co VV .p m n N r0 VJ Cl) V 0 N N .- U7 co C6 CO O n o 7 U r V M M b O W N �V �0�. t _ co O ° 00 ° p o o ° ° o o C O OJ V N h M N V n M N N O V7 V j M N M I m t N O C Q m N O O e O co 1 � I I Co CD z 0 I W 0 . m im l- U y O a w W in Z U W Z W a Z W LL _E2 CO W W r 0 W Z 0 X< O Z j_ }0 O Q m C7 Z W 6� W O O W Z _Z W W LL I Z d' O U U Z ,--� 0 O (r Z F' J C7 >- } Q Q W U U W LU F- Q U W o Q - Z CD z Z W Z W O o 0 > o Q a I U R N m ^I n�^ MI M � M M CO CIJ i 0 co I c o V NI V N U7 h CO V. 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M M m n M () M m M 0 M O O' V LO U L O O O O O O O O O N O N O N N O O N O O O O O O O O O O O O O O O O O O 0 c '- io o � (n m m a c� w E a E o O M m d Co 7z = U Co 3 LL U O _ U C U o 0 U io ao � W r M N n n 01 o (O co c0 m r c7 m (O rn in (O m m cn � N r o c6 r cri m co 0 of E m r � N w (D O (7 O O] O Q (O N n m CO (O (O N M O Q N co co (n o n r (n O O N M N n m V N N N N R O W F Z Q :D O m LL LL K F ye Z W ❑ U W ❑ � ❑ F Z LL Z C7 p LLI ❑ Z LL CO LL Z F U? ❑❑ CD LL LL W Z O O J Q ! � ; F Z W J LL LL Q W U W w Z MY F W (r 2 LL❑ 0f J (n W 9❑ Q Q W � W O� (/l Y C O'' F W m U (!J w R W m o ld tD p_ o o o 0 o O o o O (O o tq E O M O , o 7 O N o N O O O m o O m c0 N N O O U l 0 0 0 0 O O O 0 0 0 o 0 a CITY OF SHAKOPEE Memorandum CASE NO.: TO: FROM: SUBJECT: MEETING DATE: INTRODUCTION BUI-361 Mayor and City Council Mark McNeill, City Administrator Mark Noble, Planner I Vacation of Street Right -of -Way for 4 Avenue between Cass and Webster Streets August 21, 2001 Darren Giese, 408 Cass Street, has submitted an application for vacation of street right -of -way between Cass and Webster Streets. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed vacation at its meeting on August recommended denial of the vacation by a 5 -0 vote. A copy of staff's memorandum Commission is attached for the Council's information. Additionally, a memorandum fr Resources Director is attached, which addresses his opposition to the vacation request. It is trail could be established from Cass Street to Adams Street in this 4 Avenue right -of -way effect connect Holmes Park and Riverview Park. This proposed trail would be consistent Comprehensive Plan objectives, which is to create trail connections between parks throughout ALTERNATIVES 1. Approve Resolution No. 5569, a resolution of the City of Shakopee denying the right -of -way for 4' Avenue between Cass and Webster Streets. 2. Approve the proposed vacation. 3. Table the decision to allow staff or the applicant time to provide additional infor ACTION REQUESTED 4 Avenue 9, 2001, and the Planning n the Natural is belief that a hich would in ith one of the ie city. of street Offer a motion to approve Resolution No. 5569, a resolution of the City of Shakopee denying the vacation of street right -of -way for 4 Avenue between Cass and Webster Streets, and move its adoption. 1 ark Noble Planner I gAcc\2001 \0821 \vacgiese.doc RESOLUTION NO. 5569 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING STREET RIGHT -OF -WAY FOR 4' AVENUE BETWEEN WEBSTER STREETS, CITY OF SHAKOPEE, SCOTT COUNTY, NII? .SS AND ;SOTA WHEREAS, it has been made to appear to the Shakopee City Council that the right -of -way for e Avenue between Cass and Webster Streets as described below, serves no public use or interest; 4ch Avenue East, located between Cass Street and Webster Street and between Lots 1 through S, Block 40, and Lots 6 through 10, Block 64, City of Shakopee, Scott County, Minnesota. WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 21st day of August, 2001; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEYNEWS and by posting such notice on the bulletin boards on the main floor of the Scott County Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, SOTA: 1. That it finds and determines that the vacation hereinafter described is not in the public interest; 2. That the street right -of -way described above does serve further public purpose; and 3. That the street right -of -way described above is hereby retained. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 2001. Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5569, presented to adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 21 day of August, 2001, as shown by the minutes of the meeting in my possession. Dated this day of , 2001 Judith S. Cox, City Clerk CITY OF SHAKOPEE Memorandum 1 1 1 is TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Vacation of Street Right -of -Way for 4' Avenue between Webster Streets MEETING DATE: August 9, 2001 Site Information Applicant: Darren Giese Site Location: e Avenue between Cass and Webster Streets Adjacent Zoning: North: Light Industry (I -1) Zone South: Old Shakopee Residential (R 1C) Zone West: Light Industry (I -1) Zone East: Old Shakopee Residential (R 1 C) Zone Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plan Exhibit C: Natural Resources Director Introduction The City Council has received a request from Darren Giese to consider the v right -of -way for 0 Avenue between Cass and Webster Streets (see Exhibit A). Discussion The City Council will hold a public hearing on August 21, 2001, to consider request. A recommendation from the Planning Commission is needed for the vac, and of street vacation process. The applicant has stated that he presently maintains this property and would like to continue to utilize it as additional open space/yard should the vacation for this area be acted upon favorably by the City of Shakopee. Other agencies, city departments and utilities have been notified of the proposes Staff has received comments from the City Engineering Department, City Cler Natural Resources Director. City Engineering has recommended that the Cit permanent easement over the entire parcel. The City Clerk has also recommende any needed easements for utilities. The Natural Resources Director has recommer of the vacation as he sees it as a potential connection for a trail from Adams Strf Street. If the City does vacate the right -of -way, he recommends that the City hold a vacation_ and the retain a retaining .ed denial t to Cass trail easement over the entire right -of -way. Please refer to the attached memo (Exhibit C) from the Natural Resources Director for additional information. Alternatives 1. Recommend to the City Council approval of the right -of -way vacation, subject to the following proposed conditions: a) Provide the City with a permanent trail easement over the entire right -of -way. b) Provide the City and Utility Companies with a permanent easement over the entire right -of -way for utilities. 2. Recommend to the City Council denial of the right -of -way vacation- 3. Table the decision to allow staff or the applicant time to provide additional information_ Staff Recommendation Staff recommends Alternative No. 2, recommending denial of the right -of -way vacation to the City Council. Action Requested Offer and pass a motion recommending to the City Council denial of the right -of -way M9rk Noble Planner I g: \boaa pc\2001 \0809 \vacgiese.doc rte _. ee.Ai�e loth Ave W =_ � - __ s LM Z onin g B ounda ry Parce Bounda T 1 � s LM Z onin g B ounda ry Parce Bounda 1 �97�A �e� X70 6 ! 050 To: Mayor and City Council Mark McNeill. City Administrator From: Mark McQuillan, Natural Resource Director Subject: MRPA Award of Excellence Date: August 21, 2001 it :•i •r[I I Tonight, Marci Padget, representing the Minnesota recreation and Paj Association, will be presenting to the City of Shakopee, the Award of Excellence for the Joe Schleper Baseball Stadium Project. The Award of Excellence Program is designed to honor agencies, organizations or businesses (not individuals) in the public and private sectors, for outstanding achievements in parks, recreation and leisure services. Award of Excellence categories include: Ms. Padget will briefly explain the selection process for receiving the The last time the community received the Award of Excellence was in for the Shakopee Showcase. vate ID. f3. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 16 August, 2001 Subject: Recognition of Shakopee Aquatic Park Lifeguards INTRODUCTION City Council is asked to recognize the performance of the lifeguards involved in the July 26, 2001 Aquatic Park incident. Kim Elverum, Boat and Water Safety Coordinator for the Minnesota Department of Natural Resources, will also be present to recognize these individuals for their work in saving a life. BACKGROUND On July 26, 2001, Dianna Mollenhauer, Tracey Demulling, and Jake Barlass were directly involved in a rescue at the Shakopee Aquatic Park. Ms. Mollenhauer's attentiveness and training, assisted by Ms. Demulling and Mr. Barlass, resulted in saving the life of six- year-old Mary Hainey. These lifeguards, as well as the rest of the Aquatic Park staff on duty that day, should be commended for their work. REQUESTED ACTION Offer Resolution No. 5572, A Resolution of Commendation to Dianna Mollenhauer, Tracey Demulling, and Jake Barlass for Exceptional Performance, and move its adoption. Mark Themig Facilities and Recreation Director RESOLUTION NO. 5572 A RESOLUTION OF COMMENDATION TO DIANNA MOLLENHAUER TRACY DEMULLING JAKE BARLASS WHEREAS, On July 26, 2001, Dianna Mollenhauer, Tracey Demullin and Jake Barlass were lifeguarding at the Shakopee Aquatic Park; and WHEREAS, Ms. Mollenhauer recognized that an emergency was occurring; and WHEREAS, Ms. Mollenhauer, assisted by Ms. Demulling and Mr. B rescued and resuscitated Mary Hainey; and 91 S, WHEREAS, If not for the quick actions of these lifeguards, assisted by the other staff on duty, a successful recovery of Ms. Hainey may have been more difficult; NOW THEREFORE BE IT RESOLVED that the Shakopee City Council hereby recognizes and commends Dianna Mollenhauer, Tracey Demulling, and Jake Barlass for their exceptional performance on July 26, 2001 in saving the life of Mary Hainey. Adopted in adjourned regular session of City Council of the City of Sha Minnesota, held this 21 day of August, 2001. ATTEST: Judy Cox City Clerk CITY OF SHAKOPEE Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner H SUBJECT: Preliminary Plat of Prairie Village 7 Addition MEETING DATE: August 21, 2001 I, 1 I P DISCUSSION US Homes Corporation has made application for preliminary plat review for the proposed Prairie Village 7 Addition. The proposed plat is located north of Valley View Road and east of CSAH 17. The public hearing on this request was held by the Planning Commission on August 9 2001. A copy of the August 9 report to the Commission is attached for the Council information. At its meeting, the Planning Commission unanimously recommended ap of the Preliminary Plat to the City Council with the addition of Condition No. I.B.8. ALTERNATIVES 1. Approve Resolution No. 5552, a resolution approving the preliminary plat c Village 7 Addition subject to the conditions contained therein; 2. Approve Resolution No. 5552 with revised conditions. 3. Deny the requested preliminary plat, and direct staff to prepare a resolution with that action. 4. Table a decision in order to allow time for the applicant and /or staff to pro additional information. ACTION REQUESTED Offer a motion consistent with Alternative 1 or 2, and move its adoption. ILI 1 on a W ld 11 / a WIMA I' I 1 1 1 WHEREAS, US Homes Corporation, applicant, and Joan Schultz, property have made application for preliminary plat approval of Prairie Village 7 Addition; ar WHEREAS, the subject properties are legally described as found on Exhibit attached; and WHEREAS, the Shakopee Planning Commission opened the public hearing on the preliminary plat on August 9, 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 the conditions listed below; and WHEREAS, the City Council reviewed the preliminary plat request at its of August 21, 2001. 11 .I 1 1 1 walah3l I / I&M.Ml • • That the preliminary plat of Prairie Village 7`" Addition is approved subject to the following conditions; I. 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, which shall include pr( for security for the public improvements and engineering revie and any other fees as required by the City's adopted fee sched 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commis, sions fees, ON 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 Storm Water Trunk Charges, Storm Water Ponding Charges, and Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule. 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 fees shall apply to this plat in the amount of $1,800.00 per unit, (total fees of $43,200.) and shall be paid at the time of recording of the final plat. 8. The developer shall dedicate 80 feet of right -of -way for Valley View Road and shall pay the required assessment(s) for roadway improvements to Valley View Road. 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. Prior to construction of the public improvements, the Shakopee Public Utility Commission and the City Engineer must approve the Final Construction Plans and Specifications. THEREFORE, BE IT FURTHER RESOLVED, that approval of the preliminary plat of Prairie Village 7 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, held this day of 1 2001. Mayor of the City of Shakopee I:YI &W City Clerk PROPERTY DESCRIPTION PROVIDED BY CLIENT (from Document- No. 21,� 765) That part of the south fifty acres of the West Half of the S Quarter of Section 17, Township 115, Range 22, Scott County, lying northerly of County Aid Road 79 (Valley View Road), EX therefrom the following described tracts: A strip one rod wide along the westerly boundary of the We the Southwest Quarter starting at the Northwest corner of t Half of the Southwest Quarter and extending in a southerly a point where said one rod strip intersects the public high and Beginning at the southwest corner of said Section 17 and rt thence North on the Section line 1395 feet to the center lir Aid Road No. 79; thence South 73 °23' East along the center road or at an angle of 106 °37' to the right 714 feet to the corner of the land herein described; thence North parallel t Section line 125 feet; thence East to an angle of 90 '35' to t 686.7 feet to the 1 /16th line; thence South on the sixteenth feet to the center line of County Aid Road Number 79; they northwesterly along the center line of said road about 960 of beginning. DUthwest Minnesota CEPT ;t Half of Ze West direction to a y, nning e of County line of said Southwest o the he right line 433 ce eet to place mAY 06 '01 09 =01 9526 906244 PAGc.05 w oo CITY OF SRAXOPEE TO Shakopee Planning Commission FROM: Julie Klima, Planner H SUBJECT: Preliminary Plat of Prairie Village 7 Addition 1 1 1 a 11 N REVIEW PERIOD: June 21 — October 19, 2001 CASELOG NO.: 01 -100 Applicant: US Home Corporation Location: South of Valley View Road, east of CSAH 17 Current Zoning: Urban Residential (R -1B) Adjacent Zoning: North: Urban Residential (R -1B) Zone South: Rural Residential (RR) /Agricultural Preserve (AG) Zone East: Urban Residential (R -1B) Zone West: Agricultural Preserve (AG) Zone 1995 Comp. Plan: Single Family Residential Draft Comp. Plan: Single Family Residential MUSA: This site is within the MUSA boundary- CONSIDERATIONS: US Homes Corporation has made application for preliminary plat approval of Prairie Village 7` Addition. The subject property was recently rezoned to Urban Residential (R -1B) Zone by the City G preliminary plat submitted by the applicant provides for the development of 24 on 9.8 acres. provides a net density of 3.6 units per acre. The proposed plat provides a continuation of the existing Prairie Village neighborhoods. the north wild be provided into the proposed plat via Mathias Road, which will further cc Valley View Road. The ss from to Park dedication payments in lieu of land will be required. The current fee is $1,800.00 1 for a total park dedication payment of 543,200.00 to be paid at the time of recording of plat. ALTF A S: 1. Recommend approval of the preliminary plat of Prairie Village 7th Addition, subject conditions as outlined below: . The following procedural actions must be completed prior to the record Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement, which shall include provisiow security for the public improvements and engineering review fees, an( other fees as required by the City's adopted fee schedule_ 1. Street lighting to be installed in accordance with the requirem the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requir the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirem( Shakopee Public Utilities Commission_ 4_ Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of Design Criteria and Standard Specifications of the City of Sh, 5. The developer shall be responsible for payment of Storm Wat Charges, Storm Water Ponding Charges, and Trunk Sanitary Charges, and other fees as required by the City's adopted Fee Schedule. 6. No public improvements shall be constructed until the City Ei and the Shakopee Public Utility Commission approve the Fins Construction Plans and Specifications. 7. Park dedication fees shall apply to this plat in the amount of g per unit, (total fees of $43,200) and shall be paid at the time recording of the final plat. H. Following approval and recording of the final plat, the following condi apply; A. Building construction, sewer, water service, fire protection and acci reviewed for code compliance at the time of building permit applica B. Prior to construction of the public improvements, the Shakopee Pul Commission and the City Engineer must approve the Final Constru( and Specifications_ 2. Recommend approval of the preliminary plat of Prairie Village 7th Addition, subje conditions. 3. Deny the Preliminary Plat. 4. Continue the public hearing to allow time for additional information to be brought er unit, the final to in- of the for l any ants of ;ments of nts of the 'the kopee. °r Trunk shall s will be )n(s). c Utility on Plans to revised 5. Close the public hearing, but table action and request additional information from the applicant. RECOMMENDATION: Planning staff recommends alternative 1, 2 or 3. g_lboaa- pc12oO nppprairie village 7_doc and/or ss• 4 v y L AG _� Salle le � v 1 � l Z Bo un da ry Parcel Bounda r 1 _ � 1 I 1 J / I / 1 1 I Un - I N_ O N_ V! •i to -1 H / ��. ! - - _ l T O T O Pl C M C rn I ,o t0 b to - U I , 1 i / I 7 � ' N ' I I I I I I I I i /-n 1 I _ ' I / �- - -- rn I � I , � I I , I •� i I I co 1 I 1 I 1 1 V. YuOXwyl .0y jc " PQ�o "I of n / Msn. a� $ -CTm -® 00 n� D Z N M D —i D rn Q7 (,a f "< < C,() U) CO Z m O 0 O D 0 0 O Z < D Ln r F M C) m al z Ut -A� n� c7l Fn N S S z /n 2 z CD cn c n v Cl Y m -3 z m =3 � iC v •9 n 0 -n z ,= z m cn _ V D In x 0 V 1 0 fwd cn M m c�'-' m O n, 'Ti m m N A 77r y rl L V r1 p D u O o D j n O y M H W o u �' Z O Ap ;gym 1 O Z m - n Z O N m < V YuOXwyl .0y jc " PQ�o "I of n / Msn. a� $ -CTm -® 00 n� D Z N M D —i D rn Q7 (,a f "< < C,() U) CO Z m O 0 O D 0 0 O Z < D Ln r F M C) m al z Ut -A� n� c7l Fn N S S z /n 2 z CD cn c n v Cl Y m -3 z m =3 � iC v •9 n 0 -n z ,= z m cn _ V D r .71 I 0 V 1 0 fwd cn D 'Ti m � N Z rn o D j M H W 1 r .71 I CITY OF SHAKOPEE ° Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Extension Agreement with WSB. Inc. for Removal of Hi Structure MEETING DATE: August 21, 2001 Is In April of this year, the City annexed a triangular- shaped parcel of land on old highway 300 from Jackson Township. Roger Derrick, purchaser of the property sought, and was granted zoning and CUP approval for a townhouse project on that site. At the time of those reviews the Scott County Historical Society had commented that 1) the house (i.e. the Roehl-Lenzmeier House) on the site is on the National Register of Historic Places, 2) that the house is so degraded as to be likely beyond economic restoration, and 3) that the Society wished to document the house before its removal. Subsequent to the approvals, the Society informed Mr. Derrick and the City that EQB rules require an EAW before the structure can be removed. The total cost of the EAW is not to exceed $12,882, and under EQB rules is to be borne by the developer. Alternatives: 1. Offer and pass a motion authorizing an extension agreement with WSB, Inc. for preparation of the EAW for the removal of Roehl - Lenzmeier House 2. Do not authorize the extension agreement. 3. Table the matter for additional information or other reasons. Action Requested: Offer and pass a motion authorizing an extension agreement with WSB, Inc. for preparation of the EAW for the removal of Roehl- Lenzmeier House R. Michael Leek Community Development At1ARnotieeshenamn —iW 1 In WN", CITY OF SHAKOPEE Memorandum CASE LOG N.: 01104 T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 12.05, Minor Subdivisions, Subd. Prohibited MEETING DATE: August 21, 2001 REVIEW PERIOD: Not Applicable Based on direction from City Council, staff has proposed a text amendment that would prohibition of minor subdivisions for property that has not been previously platted. 1. Approve Ordinance No. 608, approving the proposed text amendment to City Minor Subdivisions, Subd. 2, When Prohibited. 2. Approve Ordinance No. 608, approving the proposed text amendment to City Minor Subdivisions, Subd. 2, When Prohibited, with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. The Planning Commission reviewed the proposed amendment at its August 9 meeting, recommended approval of the proposed amendment as presented. [Tffw 1 1 When the Sec. 12.05, Sec. 12.05, Offer and pass a motion to approve Ordinance Number 608, amending City Code Sec. 12.05, Minor Subdivisions, Subd. 2, When Prohibited as presented. 1--7 R. Michael Leek Community Development g: \cc\2001 \0821 \txtndnorsubd. doc 1 03 ORtil Section 1 - That City Code Chapter 12, Subdivision Regulations (Plattng), Minor Subdivisions, Subd. 2, When Prohibited, is hereby amended by deleting the Subd. 2. When Prohibited. The Planner may not approve a minor subdivision in the situations: A. Where the subdivision includes a change in existing streets, alleys, water, s storm sewer, or other public improvements. B. Where additional right -of -way needs to be dedicated, and the right -of -way previously been deeded to the City. C. Where easements need to be changed for the subdivision, and the appropri have not been made through vacation and/or deeding of easements to the D. Where new streets, utilities, or other public improvements will be needed c directly serve the lots created and to provide a direct connection to an exis approved system. (Re -letter as appropriate) 12.05, which is ary or not changes r than to and Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1 2001. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of - 2001. 1 1' T: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 12.05, Minor Subdivisions, Subd Prohibited MEETTNG DATE: August 9, 2001 REVIEW PERIOD: Not Applicable Recently, after reviewing a request for waiver of the criteria for minor subdivisions, the Cot staff to prepare an amendment that would do away with the requirement that in order to usi subdivision procedure, property must be previously platted. During that discussion, the aut report noted that the requirement is unique in his experience. The City Attorney noted that nothing in state law that requires such a provision. The only rationale the author can come the requirement is intended to avert complex, resulting legal descriptions that may not be re that is the case, staff believes that this concern is dealt with by the fact that minor subdivisic reviewed by the County Recorder's office before they are approved. The proposed amendment is as follows; Subd. 2. When Prohibited. The Planner may not approve a minor subdivision in the situations: When directed minor of this ,re is with is that rdable. If will be F. Where the subdivision includes a change in existing streets, alleys, water, sanitary or storm sewer, or other public improvements. G. Where additional right -of -way needs to be dedicated, and the right -of -way has not previously been deeded to the City. H. Where easements need to be changed for the subdivision, and the appropriate changes have not been made through vacation and/or deeding of easements to the City. I. Where new streets, utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connection to an existing and approved system. j. NVher-e the proposed miner- subdivision involves any unplatted property. (Re- letter as appropriate) 5. Recommend to the City Council approval of the proposed text amendment to City 12.05, Subd. 2 as presented. 6. Recommend to the City Council approval of the proposed text amendment to City 12.05, Subd. 2 with revisions. 7. Do not recommend to the City Council the approval of the proposed amendment. 8. Continue the public hearing and request additional information from staff. 9. Close the public hearing, but table the matter and request additional information. • �, Recommend to the City Council approval of the proposed text amendment to City Code Subd. 2 as presented. Sec. Sec. 12.05, Offer and pass a motion to recommend to the City Council approval of the proposed text amendment to City Code Sec. 12.05, Subd. 2 as presented. R. Michael Leek Community Development Director 4 CITY OF SHAKOPEE Memorandum CASE LOG NO.: 01106 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.61, Parking, Subd. 2, General Regarding the Use of Sales Trailers ME ETING DATE: August 9, 2001 REVIEW PERIOD: Not Applicable 1 '11 1 Staff has proposed a text amendment that would clearly state that "sales trailers" would not 1 the City of Shakopee. Sales trailers are typically used as a sales site until residential models The City's policy in the past has been to prohibit sales trailers on the theory that they are not aesthetically. A copy of the report provided to the Planning Commission on August 9, 2001 for the Commission's information. 1. Approve Ordinance No. 609, approving the proposed text amendment to City Subd. 2 as presented. 2. Approve Ordinance No. 609, approving the proposed text amendment to City Subd. 2 with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. The Planning Commission reviewed the proposed amendment at its August 9 meeting, approval of the proposed amendment as presented. 1 1 1 S �.y f. )e allowed in re completed. acceptable is attached Sec. 11.61, Sec. 11.61, Offer and pass a motion to approve Ordinance Number 609, amending City Code Sec. 11'..61, Subd. 2 as presented. R. Michael Leek Community Development Di ORDINANCE NO. 609, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, �XfFUICAXWAWAPTER 11. ZONING REGULATION& REGARDING THE USE OF SALES TRAILERS THE CITE' COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Regulations, Section 11.61, Subdivision 2, is hereby amended by adding the language which is underlined and deleting the language which is Subd 2. General Provisions, G., Residential Parldng Facilities. Shakopee. Section 2 — That City Code Sec. 11.02, Definitions, is amending by adding the following new language, and re- number accordingly; 119. "Sales Trailers." A recreational vehicle, modular structure, or other similar structure used for the purpose of marketing homes, commercial, or industrial space. Section 3 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of . 2001. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 1 2001. c Mem CASE LOG NO.: 01106 TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.61, Parking, Subd. 2, General Provisi Regarding the Use of Sales Trailers MEETING DATE: August 9, 2001 REVIEW PERIOD: Not Applicable K �� Recently, staff has received a number of inquiries about the placement of trailers at project sites for sales purposes pending the construction of models. For several years staff has construed Chapter 11 to prohibit such trailers. Staff seeks to clarify this prohibition with the proposed language below. The general principle underlying the prohibition is that sales trailers are not desirable, and add to the clutter of new project sites. The proposed amendment is as follows; Subd 2 General Provisions, G., Residential Parking Facilities. Add a new number 5 as follows; Shakopee. m In addition, staff would suggest the addition of a definition of "sales trailers" as follows; Add a new 119. "Sales Trailers." A recreational vehicle, modular structure, or other similar structure used for the purpose of marketing homes, commercial, or industrial space. (Re- number accordingly) 5. Recommend to the City Council approval of the proposed text amendment to City 11.61, Subd. 2 as presented. 6. Recommend to the City Council approval of the proposed text amendment to City 11.61, Subd. 2 with revisions. Sec. Sec. 4 7. Do not recommend to the City Council the approval of the proposed amendment. 8. Continue the public hearing and request additional information from staff. 9. Close the public hearing, but table the matter and request additional information. STAFF RECOMAMNDATION: Recommend to the City Council approval of the proposed text amendment to City Code Sec. 11.61, Subd. 2 as presented or with revisions. ACTION QUESTED: Offer and pass a motion to recommend to the City Council approval of the proposed text amendment to City Code Sec. 11.61, Subd. 2 as presented or with revisions. R. Michael Leek Community Development � Aboaa- pc\2001 \080 9 \Wsalestrailers. doc 1 4 ° e CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of RLK Kuuisto, Ltd. (RLK) And the Ryan (Ryan) for Consolidated Review MEETING DATE: August 21, 2001 Ryan Companies is the contract purchaser and developer of the Valley Green Corporate Center site. Steven Schwanke of RLK has submitted the attached letter dated August 1, 2001, requesting that the City Council allow Ryan and RLK to submit a package of land use applications for consideration simultaneously. This package would likely include; 1) an application for land use amendment to allow reguiding a portion of the site for residential use; 2) a rezoning application to allow use of a portion of the site for residential purposes; 3) a revised preliminary plat; 4) final plat; and 5) conditional use permit(s) application(s). As Council is aware, planning staff has consistently tried to follow a staged approach to these review and approval processes in an attempt to better manage issues of possible concern to the City, especially for larger, more complex projects. RLK/Ryan's concern, as outlined in their letter, is that this staged approach would result in a long (9- month) process. 1. Approve the request of RLK/Ryan to allow simultaneous submission and review of land use applications for the Valley Green Corporate Center site, with the caveat that such approval does not constitute an agreement on behalf of the Planning Commission or by the City Council to act simultaneously on any applications submitted by RLK/Ryan. 2. Do not approve the request. 3. Table the matter for additional information. 1 1 Offer and pass a motion giving staff and RLK/Ryan direction consistent with the Council's wishes. R. Michael Leek Community Development Director Engineering - Planning - Surveying - Landscape Architecture Michael Leek Community Development Director City of Shakopee 129 Holmes Street So. Shakopee, MN 55379 -1328 Valley Green Corporate Center Development Application Process and Schedule City of Shakopee, Minnesota Dear Mr. Leek: RLK- Kuusisto, Ltd. is Ryan Companies' designer and planner for the Valley Gree Corporate Center (VGCC). In recent weeks we have met with you and Julie Klim; discuss issues associated with possible land uses, design standards, site design, an( development application review process. We have learned that the City prefers the development application process to be divided into independent parts. For examp] proposed development requires a comprehensive plan amendment, rezoning, cond use permit, preliminary plat and final plat, the City prefers these applications be ac upon by the City independently. The process might look something like this: to the e, if a tional 1. comprehensive plan amendment and rezoning (time to submit and for City to review and act approximately 75 days, not including time for Metropolitan Council review); 2. upon completion of step 1, conditional use permit (time to submit and for City to review and act approximately 75 to 90 days); 3. upon completion of step 2, preliminary plat (time to submit and for City to review and act approximately 90 days); and 4. upon completion of step 3, final plat (time to submit and for City to review and act approximately 90 days). This process could easily take 260 days to complete. We continue to refine the VGCC land use and development proposal and as a result are not certain as to the number and type of applications that will be needed to process this development. However, we believe the development review process outlined above is unnecessary, specifically with respect to VGCC, because a staged approval process may result in a delay in the project and an inability to approach the development approval process from a truly comprehensive perspective. For these reasons and others described below, we respectfully request an alternative development application process. Offices. Hibbing - Minnetonka • St. Paul - Twin Ports (952) 933 -0972 6110 Blue Circle Drive • Suite 100 • Minnetonka, MN 55343 • FAX (952) 933 -1153 Equal Opportunity Employer We request that any applications required to process the VGCC development proposal be reviewed by staff and acted on by Planning Commission and City Council as a complete package and at one time. We understand that procedurally the Planning Commission and City Council will act on the applications in a certain order, but, we believe that a number of benefits exist for the City by reviewing the VGCC development applications together. i. Comprehensive vs. piecemeal approach. Experience shows that Planning Commission and City Council members often prefer to make development decisions on a comprehensive versus a piecemeal basis. Even when faced with a policy question such as a comprehensive plan or rezoning application) policymakers ask questions regarding site plan issues because they want to know all of the facts associated with a development proposal whether they are related to the application at hand or not. The comprehensive approach we suggest enables fully informed City decisions. 2. Inclusive and proactive design process. The City of Shakopee has taken a leadership role in the VGCC design process. The City has retained Jeff Schoenbauer of Brauer and Associates to facilitate a design process involving all of the major stakeholders including Ryan Companies, Valley Green Business Park, City of Shakopee, and adjacent neighborhood groups. It is our understanding that Mr. Schoenbauer will facilitate one or more charettes, the first currently scheduled for August l We understand that Mr. Schoenbauer's design' framework is based on the concepts of "conservation development ", creating a "sense of place ", "establishing natural environments" that creates a "permanent part" of the City's "character ". We hope an outcome from Mr. Schoenbauer's process will be a consensus on the part of all stakeholders on what the site design standards should be and on the site plan. Because of this collaborative and inclusive design process we see no need for the review process to be segmented and separate. We anticipate that much of the site design work that at times takes place in the public before Planning Commission and City Council, will instead take place in the charettes facilitated by Mr. Schoenbauer. Because of the inclusive and proactive design process we believe it is reasonable for the City to review VGCC's development applications as a complete package. 3. 'Timing of development review. As with any development proposal, timing is of the essence and is one reason for requesting all necessary applications be reviewed concurrently (except final plat). have completed a timetable for acting on the development application separately complete package. To consider applications separately may take up to 260 days, depending on the type of applications necessary and timing of Planning Commiss City Council meeting dates. If reviewed as a complete package, however, the sap We idas a $1 number of applications could be completed within 150 days. It is unlikely and unrealistic to expect the seller of the VGCC property to wait 9 to 10 months in order to have a buyer complete the development review process. It is equally unrealistic for a buyer to close on a piece of property before the development review process has concluded. Another time related issue arises out of the City and County plans to upgrade County Roads 83 and 16. VGCC abuts both of these county roads where significant roadway improvements are planned. Estimated assessments to VGCC are approximately $3.4 million and these assessments are expected to commence in 2003. Ryan Companies will need to complete a timely development review schedule in order to generate sufficient building activities to support these significant special assessments. Compelling reasons exist to justify a coordinated and consolidated development review process for VGCC_ The City has engaged design consultants to facilitate an inclusive and proactive site design process. The Planning Commission and City Council will be in the best position to review and act on this work if it is presented comprehensively one development package. We look forward to discussing this matter with you fu as CC. Kent Carlson, Ryan Companies Jon Albinson, Valley Green Business Park Jeff Schoenbauer, Brauer & Associates Julie Klima, City of Shakopee is f}.�. Mem T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director 5 JECT: Request of St. Francis Regional Medical Center (St. Fra Allow the Issuance of a Building Permit(s) for Certain Improvements Prior to Completion of Review of a PUD Amendment ME ET IN G DATE: August 21, 2001 1 1 to Attached to this memorandum is a letter from Venetia Kudrle, President of St. Francis Regional Medical Center, requesting that the Council allow certain improvements be allowed to proceed prior to completion of a review of a PUD amendment. Specifically, St. Francis requests that first floor work on a 10,000 square feet containing a fixed MRI, medical records area, and physicians' lounge be allowed to proceed prior to completion of a PUD amendment review. Alternatives: 1. Offer and pass a motion directing staff to work with St. Francis and the City Attorney to draft a hold harmless agreement that, once executed, will allow work to proceed on the first floor improvements prior to completion of the PUD amendment review process. 2. Do not approve the request of St. Francis. 3. Table the matter for additional information or other reasons. Action Requested: Offer and approve a motion consistent with the Council's wishes. R. Michael Leek Community Development Di: St r i. at�C15 ('gIL?i�ce o August 3, 2001 Mark McNeill, City Administrator City of Shakopee 129 So Holmes Street Shakopee MN 55379 Dear Mr. McNeill, We are planning an expansion to the western edge of our facilities on the SouthValley Health Campus. While our plans are consistent with our 1998 PUD Amendment, they do increase the "scope" to require our amending the PUD Plan approved in 1998. • First Floor— Fixed MRI, Medical Records, Physician Lounge 10,000 square feet (Was 1,000 square feet in 1998 PUD) 2nd and 3rd Floor — Future Patient Beds or Medical Office/Clinic 9,000 square feet (not shown in 1998 PUD) • Roof - Future Heliport (Not shown in 1998 PUD) We would like to proceed with construction of the First Floor portion of the project im in order to bring these services to campus, as soon as possible. Therefore we are requf City to allow us to proceed with. construction of the First Floor expansion, prior to our through the PUD Amendment process. We would also work with the City to draft a "] harmless" agreement protecting the City, in the event the PUD Amendment runs into l Please contact me at 952 403 -2400 to review our request and the steps we may need to would like to start construction next week if possible. Sincerely, Venetia Kudrle, President St. Francis Regional Medical Center ;diately, ng the ld- )blems. �1.ila cc: Michael Leek AD r t Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion of Off -Site Improvements for Greenfield Plat DATE: August 21, 2001 INTRODUCTION: With the proposed Greenfield Plat, Tollefson Development Company has proposed to construct 3/4 mile of street collector with this development. The purpose of this agenda item is to discuss these off -site improvements and whether or not Council wishes to proceed with these off -site improvements at this time. BACKGROUND: Tollefson Development Company has submitted a plat for 120 acres of single family residential in the area east of Pheasant Run and north of Valley View Road. In order to serve this plat, staff is recommending that the north -south collector from 17 Avenue to Valley View Road be constructed and a 1 /4 mile of 17 Avenue be constructed to provide adequate transportation facilities for this development. Valley View Road is currently a gravel surface road. Staff does not believe that the additional 300+ homes that would be developed in this area should be allowed to use the existing local streets in Pheasant Run and Prairie Village for access. Currently an EAW is being done for the Greenfield Plat. The preliminary plat of Greenfield is being processed, although no approvals can be given until the EAW has been completed and accepted by the City. Tollefson Development Company desires to proceed with the engineering of 1 /4 mile of 17 Avenue and %2 mile of the north -south collector, from 17 Avenue to Valley View Road in order to serve this development. Associated with this project would be the extension of sanitary sewer and a storm drainage system, as well as extension of watermain to serve this site and adjacent sites leading to it. The developer has proposed to construct this roadway with no assessments to adjacent property owners as long as the adjacent property owners provide the easements necessary to construct the improvements. The developer would pay for the local street equivalent and would be asking the City for the oversizing of the collector street, as per City policy. Staff is requesting Council direction on whether or not to proceed with the design and ultimate construction of these improvements at this time since the EAW and preliminary plat have not been completed. Also, for Council consideration staff would recommend if the design of these roadways were approved, the design be done by a City consultant with the developer reimbursing the City for the cost of this design. The reasons being for this recommendation is as follows: • These roadways are on the City's State Aid System and these streets would need State Aid compliance review for any future use of State Aid Funds on these roadways. • The County will need to review 17 Avenue plans and this roadway must be designed to State Aid Standards. • There are significant transportation, storm drainage, and sanitary sewer issues which needs to be in compliance with the City's Comprehensive Plan. These plans have been done by WSB & Associates, Inc. and the design should be in compliance with these plans. If a City consultant is used to design these roadways, it would be done under a contract issued by the City of Shakopee and an agreement with Tollefson Development to reimburse the City for this design work It is the recommendation by the City Attorney to have a Letter of Credit or cash escrow set up for the payment of design fees associated with these roadways. Attached to this memo is a letter from WSB & Associates, Inc. on the proposed plat, scenarios with design of roadways and issues associated with this proj ect. ALTERNATIVES: 1. Provide staff direction on whether or not to proceed with the design of off -site improvements that are necessary for the Greenfield Plat. 2. Authorize the appropriate City officials to enter into an extension agreement with WSB & Associates for the design of these collector street roadways and for an agreement to be entered into with the developer for the reimbursement of design fees associated with these collectors. 3. Table for additional information. 4. Do not proceed with the design improvements until the EAW and preliminary plat have been completed. Staff has no recommendation on whether or not these roadways should be designed at this time. However, it is staff's recommendation that the City consultant should do the design due to State Aid compliance review for these collector streets, Scott County's review and to ensure that the City's Comprehensive Plans are being met for the surrounding area that is being affected by these roadways. ACTION REQUESTED: 1. Provide staff direction on whether or not to proceed with the design of off -site improvements that are necessary for the Greenfield Plat. 2. Authorize the appropriate City officials to enter into an extension agreement with WSB & Associates for the design of these collector street roadways and for an agreement to be entered into with the developer for the reimbursement of design fees associated with these collectors. f � t Bruce Loney_ Public Works Director BUpmp GREENFIELDPLAT AUG -15 -2001 10 =16 WSB & ASSOCIATES INC. 7635411700 P.02iO4 S & &a,=iares, Inc. August 15, 2001 Mr. Bruce Loney, P.E. Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Tollefson Development / Greenfield Preliminary Plat WSB Project No. 1281 -23 Dear Mr. Loney: As you requested, WSB. has conducted a cursory review of the Greenfield 1 documents you transmitted. Based on that review, we have the following comments: 2. Main Street is the north -south collector street through this area of the Cit3 currently shows a development street to the east and to the west of Main St "double loaded" lots. By creating side street intersections this close to Main operation problems will occur at these intersections. City policy currently states that the development must be serviced by a paved ro can be accomplished by either paving Valley View Road or extending the collector and 17` Avenue. The developer's current plan indicates that they wou north -south collector to the 17` Avenue extension. Preliminary plans for the i included as part of the preliminary plat submission. 3. The 17' Avenue extension plan does indicate a 100 -foot right - of- -way, which matches the existing right -of -way corridor. The plans, however, do not indicate any turn lane configurations at the intersection of the north -south collector and 17' Avenue. Left turn lanes, including raised concrete median, will need to be included at this intersection. 4. The north -south collector street plan indicates an 80 -foot right -of -way corridor, which would be sufficient for a two -lane urban collector street. However, at the intersection of 17�' Avenue, the cross section will need to expand to a three -lane roadway with left and right turn . lanes approaching 17 Avenue. It would be recommended that 100 -foot right- o#=way be secured for a distance of approximately 500 feet south of 17" Avenue. plat The plat creating :et traffic dway. This north -south i extend the ►adways are f- 4150 01SOA, Memor%P Highway ^ , suite 300, �nnaapolfs t ` innikota s� .G 5422 763.541 4800 763.541170Q SAX 5. The 17` Avenue and north -south collector street plans show future sanitary sewer and water systems through its corridor. These utilities also provide service to the majority of the new plat; however, the plans do not indicate how the systems will be connected to the existing utility systems. This will require extensive coordination with adjacent plats,' and property owners, as well as the City in determining exact size and location of these connections. It does not appear that this plat can develop until these downstream developments are constructed and utilities available. 6. The proposed plat and collector streets show storm drainage facilities, which are also dependent on connections to adjacent developments. Also, ponding areas need to be identified, sized, and located for this new development. 7. City policy currently indicates that a paved bicycle / pedestrian be located on one side of the roadway and a concrete sidewalk be located on the other side of the roadway. The current roadway plans show only a concrete sidewalk on one side of the roadway through o only the development site plan. The north -south collector street extension and the 17 Avenue extension plan show no trail or walk. These will need to be included as part of the plan. Mlnneapoli5 • St. Cloud • Equal opportunity Employer RUG -15 -2001 10.16 Mr. Bruce Loney City of Shakopee August 13, 2001 Page 2 WSB & ASSOCIATES INC. 7635411' Based on the above preliminary comments, you requested that WSB provide you with scenario in the development of plans and specifications for the north -south collector ro Avenue extension in order to construct these projects yet this year (2001). It is our feelin scenarios would exist for development of the plans and specifications. Scenario 1: WSB design with City bidding process. Scenario 2: WSB design for developer bidding. Scenario 3: Developer design with extensive City review. In all cases, these plans and specifications will require a Mn/DOT State Aid compliance to the beginning of construction. Based on these three scenarios, the following time lit expected. Scenario 1 P. 03/04 best case 1 and 17' that three , iew prior would be Notice to Proceed (City Council) .................... ............................... .........................August 21, 2001 Design .................................................... ............................... August 21 through September 14, 2001 State Aid Submittal .............................................................. ............................... September 14, 2001 State Aid Review ............ ............................... ......................September 14 through October 12, 2001 Approve Plans (City Council) ............................................. ............................... September 18, 2001 Adfor Bid ......................... ............................... ......................September 21, 28, and October 5, 2001 OpenBids ................................................................................. ............................... October 10, 2001 Award Contract (City Council) ................................................ ............................... October lb, 2001 ConstructionBegin ................................................................... ............................... October 22, 2001 Scenabo 2 N otice to Proceed (City Council) ..................... ............................... .........................August 21, 2001 Design .............................. ............................... August 21 through September 14, 2001 StateAid Submittal .............................................................. ............................... September 14, 2001 State Aid Review .................................. ............................... September 14 through October 12, 2001 Approve Plans (City Council) ............................................ ............................... September 18, 2001 Construction Begin (Following State Aid Approval) ............... ............................... October 12, 2001 Scenario 3 Notice to Proceed (City Council)...... ........................................................................................... N/A Design(Underway) ........................................... ............................... .........................August 31, 2001 StateAid Submittal ................................................................... ............................... .August 31, 2001 CitySubmittal .................................................... ............................... .........................August 31, 2001 State Aid Review .... ............................... .............. August 31, through September 28, 2001 City Review .......................................... ............................... August 31, through September 14, 2001 Approve Plans (City Council) ................................................... ............................... October 2, 2001 ConstructionBegin ..................................................................... ............................... October 3, 2001 The scenario 3- schedule assumes that the developer has significant portions of the project already completed and that he would have the staff available to complete the design in a timely manner (by August 31, 2001) if this date is not met, an additional two weeks would be required for approval of plans. FAW M\1281- 231081301 bl.doc RUG -15 -2001 10:17 Mr. Bruce Loney City of Shakopee August 13, 2001 Page 3 WSB & ASSOCIATES INC. 7635411' In all three scenarios, there are several other issues that would need to be construction. These included: 95. r. prior to 1. Right -of -way easements and concurrence from adjacent properties. 17'' Avenue extension, the north -south collector and all utilities require additional right -of -way or easements off the plat. The developer has agreed to obtain all the off -site easements. Proof of easements should be submitted to the City before any improvements are considered. 2. Soil boring information. Currently, there is only soil boring information available for the developer's site. Additional soil borings would need to be provided, along the new alignment of the north--south collector and the 17 Avenue extension. 3. Plat approvals: The developer has not submitted the preliminary plat for formal approval. Preliminary and final plat approvals will be required prior to construction. 4. Weather: The weather will play a significant role in completing this project yet this fall. With even an early October start, weather will have to be on the developer's side' in order to have paved streets by early November. Based on the above discussion and the there scenarios for construction yet this fall, it would be our recommendation that this project not be "pushed". A fourth scenario could be implemented that would provide the developer access to his site and begin the process for an early spring construction completion. This would involve proceeding with the design of the project so that grading can be completed yet this fall and the underground utility work commencing this winter, thereby providing an early spring start for the final grading and paving of these roadways. This scenario would give the City, in our opinion, the best project. In other words, all the design and platting issues can be resolved and the City can feel confident in proceeding with the project. If you have any other questions or need additional information on this project, please feel free to contact Charles Rickart at (763) 287 -7183, or Dave Hutton at (763) 287 -7195. Sincerely, F.NWPwiM1281- 23`081301 bl.doc TOTAL P.04 T' ' l I — — N I , I — I ,I I Ln v • �+ .,� ---------- 1. i vE op cp - - - - -- -- _ ,I i i I �I -- �1; � � 'i � l � I • 1 ���� 11 I I � 1 1 � m � � � I r-- t I __ - -�� s I ! �/! • 1 I I j. 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Ili I I I _— —- _. _ _..__— ______ ` _ _ _ _ I I II , II , J L _IL JIL III 'V I _JIL_ _JIL_ J __ _JIL_ ___,1 i� _---------------- I ' i l I I CITY OF SHAKOPEE Gr 14 T Memorandums TO: Mayor & City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: 2002 single axle truck acquisition DATE: August 21, 2001 INTRODUCTION: The Street Division of the Public Works Department has identified in the 2002 Internal Service Fund Budget a need to replace 1991 plow truck #101. Truck #101 has previously been replaced, but do to the growth of the city the vehicle was retained and an additional plow route created. The Public Works Department is requesting to eliminate retired vehicles from its permanent plow route fleet. Staff is requesting the 2002 -truck acquisition be considered an addition to the fleet with truck #101 to be sold on auction. BACKGROUND: The Public Works Department has been in contact with Boyer Sterling Trucks, Inc. to inquire about ordering a new 2002 single axle dump truck on the 2001 State Contract. Boyer Sterling Trucks, Inc. has stated there will be an increase in the 2002 State Contract purchase price. The Public Works Department will need to order the truck before August 31, 2001, when the existing contract is set to expire, in order to save money under the 2001 contract versus the 2002 contract. This memo is for Council to consider ordering the 2002 single axle truck acquisition on the 2001 State Contract. The 2001 State Contract purchase price to replace plow truck #101 would be $51,200.00. ALTERNATIVES: 1. Direct staff to proceed with the 2002 single axle dump truck acquisition using the 2001 State Contract price of $51,200.00. 2. Do not proceed with the 2002 single axle dump truck acquisition at this ti If Council agrees to go ahead with the 2002 acquisition of a single axle dump truck, staff recommends alternative #1. ACTION REQUESTED: Move to direct staff to proceed with the 2002 acquisition of a single axle dump truck using the 2001 State Contract price of $51,200.00. The purchase will be paid from the Internal Service Equipment Fund. Michael Hullander Public Works Supervisor ) 5 8. � CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Transportation Equity Act (TEA -21) Application for Pedestrian Bridge, Rail Crossings, and Improvements on C.R. 17 Intersections DATE: August 21, 2001 MU EURRUM This agenda item is intended to request City Council approval to proceed with submittal of projects for Federal Funding in the Transportation Equity Act for the Twenty -First Century (TEA -21). City staff has identified in the Capital Improvements Program for a pedestrian bridge over T.H. 169 east of C.R. 83, rail crossing improvements at Spencer Street and Sommerville Street, and County Road (C.R.) 17 intersection improvements at 4 Avenue and 10 Avenue for possible projects that could be funded by this program. BACKGROUND: The TEA -21 bill has been approved by the Federal Government and Metropolitan Council and MN/DOT are now receiving project submittals for possible funding within this program. The TEA -21 program has three areas primarily with funds allocated to it and they are as follows: • Surface Transportation Program (STP) • Congestion, Mitigation/Air Quality Program (CMAQ) • Transportation Enhancement Program (TEP) Approximately $46.5 million dollars is anticipated to be available for STP proj years 2005 through 2006. The TEP will have almost $8.6 million for the same the CMAQ projects will may have as much as $20.5 million available but, ov from 2005 through 2006. s for the riod and a period Mn/DOT Metropolitan Division also has a program that is separate from these three programs that are handled by the Metropolitan Council and these programs are for bridges, safety and hazard elimination projects. This particular program is where rail crossing improvement programs and safety improvements such as C.R. 17 intersection improvements can be applied for. As mentioned previously, the City has three that could potentially quality for Federal Funds under the TEA -21 and the3 follows: 1. Pedestrian bridge crossing over T.H. 169 east of C.R. 83 2. Rail crossing safety improvements at Sommerville and Spencer Street 3. C.R. 17 intersection improvements at 4 th Avenue and 10 Avenue Under the TEP, projects will be grouped into three categories as well and follows: 1. Pedestrian and Bicycles 2. Historic 3. Scenic and Environmental roj ects are as are as The pedestrian bridge over T.H. 169 east of C.R. 83 could qualify under the TEP as pedestrian and bicycle improvements. It is proposed by staff to apply this bridge over T.H. 169 under the TEP category, which Mn/DOT staff recommends for the highest ranking. In the Capital Improvements Program, staff identified three areas in which there are no pedestrian walkways and they are at C.R. 15, C.R. 77 and C.R. 83. Staff has reviewed the priority of each pedestrian/bicycle crossing and feels the priority order is T.H. 169 to the east of C.R. 83. The other two pedestrian crossings would not rank high in a submittal at this time, in staff s opinion. Under this program, the City could obtain 80% funding from the Federal Government in order to construct separate pedestrian bridges, bridge approaches and connecting trails across T.H. 169 to connect to each area of the Community on either side of T.H. 169 with the pedestrian/bicycle facility. Currently, the bridge crossing exists over T.H. 169 and this bridge would connect the Southbridge area with the Industrial Park. The second project area is rail crossing safety improvements at Spencer Street and Sommerville Street. Staff is intending on applying for funds to construct signal warning lights at these locations, as none exist at these crossings currently. It should be pointed out that there are signal warning lights at Fuller Street, Holmes Street and Lewis Street and not at Sommerville and Spencer Street, where there is more traffic crossing the railroad tracks than at the other three street locations. Funding would be a 50% Federal and 50% Local. The third project area is a hazard elimination safety project for C.R. 17 improvements at 4 th Avenue and/or 10 Avenue. Due to the high ac( intersection improvements such as turn lanes would improve the safety. would require additional right -of -way and widening of C.R. 17. Funding of projects is 90% Federal and 10% Local. count, proj ect type of Submittal deadline of these applicants is August 31, 2001. Also staff will need assistance from WSB & Associates, Inc. to complete the application. Estimated cost of professional service is $2,500.00 from the Engineering Professional Service account. The action being requested is for Council to direct staff to proceed with projects for the TEA -21 program for the three projects as mentioned. The deadline for TEA -21 projects is August 31, 2001. ALTERNATIVES: 1. Approve a motion directing staff to proceed on submitting the T.H. 169 pedestrian bridge east of C.R. 83, the rail crossing safety improvements at Sommerville Street and Spencer Street and C.R. 17 intersection improvements for TEA -21 funding to the Metropolitan Council and Mn/DOT. 2. Do not submit any projects for possible Federal funding. 3. Table for additional information. Staff recommends Alternative No. 1, in order to receive Federal funding projects, which staff believes is needed for the City of Shakopee's infrastructure. pml me 1 Approve a motion directing staff to proceed on submitting the T.H. 169 pedestriai east of C.R. 83, the rail crossing safety improvements at Sommerville Street and Street and C.R. 17 intersection improvements for TEA -21 funding to the Meta Council and Mn/DOT. �$ruce Loney/,,` Public Woris Director these bridge BL /pmp TEA21 Transportation Advisory Board of the Metropolitan Council of the Twin Cities Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 (651) 602 -1728 Donn R. Wiski Chair County Commissioners Dennis Berg Anoka County July 13, 2001 '... Tracy Swanson Carver County Paul Krause Dakota County Gail Dorfman '.. Hennepin County To Whom It May Concern: Victoria Reinhardt Ramsey County '.. Jon RE: SOLICITATION PROCESS TO OBTAIN FEDERAL FUNDING FROM THE t County tt ScoCounty M Peterson SURFACE TRANSPORTATION PROGRAM, CONGESTION MITIGATION AIR Washington County QUALITY IMPROVEMENT PROGRAM, OR THE TRANSPORTATION' Municipal Officials Dick Allendorf ENHANCEMENTS PROGRAM. Minnetonka City Council '.. Charlie Crichton '.. Burnsville City Council Dear Interested Transportation Partner: Chuck DeVore '.. White Bear Lake City Council Sharon F eess Park City Council The p urpose of this letter is to request the submittal of projects or programs to p lP q p J p �' Brooklyn William Hargis be funded by the Surface Transportation Program (STP), the Congestion Mayor of Woodbury Johnson Mitigation/Air Quality Improvement Program (CMAQ), and the Transportation Barbara Minneapolis City Council Enhancements Program (TEP) of Title I of the Transportation Equity Act for the David Luick Lakeville City Council 21St Century (TEA -21). Funds would be available for projects in 2005 and Joy Tierney 2006. Mayor of Plymouth Julie Wasiluk Maplewood City Council The Twin Cities region has been allocated STP funds and is eligible to receive a John Weaver Anoka City Council portion of CMAQ and TEP funds from the federal program. Approximately Citizen Members $46.5 Million is anticipated to be available for STP projects, $8.6 Million for John Johnson Len E TEP and $20.5 Million for CMAQ. n Steve a Elki s Michael Krause Elliott Perovich Mary Hauser Thoman The selected projects will be included in the Region's Transportation Barbara Jill Smith improvement Program (TIP) for 2003 -2006, which will be prepared in March Aaencv Representatives Swanson 2002 with an anticipated September 2002 adoption. Also for your information, Jim Minnesota DOT the Minnesota Department of Transportation (MnDOT), Metropolitan Division, Richard Long M.A.C. is in,the process of requesting submittals for Bridge, Safety, and Hazard Kr legate Elimination projects. MnDOT is mailing information on this process to all Modal Representatives potential applicants. These projects will also be included in the 2003 -2006 TIP. John Byrd Transit Lisa McDonald The solicitation package describes projects and programs that are eligible for Transit Fred Corrigan funding under the three program areas. The solicitation package can be accessed Freight through the Council web site www.metrocouncil.or Hard copies are available John Herman Non - motorized through the Council data center (651.) 602 -1140. The categories within each of Metropolitan Council Liaison the program areas and the criteria that have been developed to evaluate Carolyn Rodriguez applications are supportive of the Metropolitan Council's Regional Blueprint and Transportation Policy Plan. SolicitationLtrJul.doc 1 of 2 Under the STP, projects can be submitted in one of three major categories: 1) non - freeway, principal arterial highways; 2) projects on the "A: Minor Arterial Highway System as defined by the Transportation Advisory Board (TAB); and 3) bike and walk projects. Under the CMAQ category, there are two subcategories: 1) transit expansion, and 2) non-transit expansion, other. In Appendix Q of the Solicitation package, a memorandum from the Federal Highway Administration (FHWA) describes how CMAQ funds can be used. All projects described in that memorandum are eligible for funding under the Region's process. Emphasis is given to the air quality benefit of the project or program. The TAB will determine if CMAQ transit expansion projects will also be funded with STP funds at the conclusion of the solicitation process. Under the TEP, there are no subcategories. Projects may be submitted for any of the twelve eligible activities identified on page 68. Each category includes criteria, which evaluate the efforts of cities and counties to provide affordable and lifecycle housing. The scores for the criteria are determined through a separate process. The information survey to evaluate the performance was due to the Council on June 22, 2001. Metropolitan Council staff will assign points, based on what agency or agencies are the project sponsors and the location of the project. If your city or county has not submitted the survey you should contact Guy Peterson at (651) 601 -1418. A forum will be held on Friday, July 27, 2001 in the Metropolitan Council Chambers, 230 East Stn Street, St. Paul, Mn to review the solicitation package, describe what an application should contain, and answer your questions. The agenda follows: 8:15 - 8:30 am Introduction 8:30 — 9:15 am State and Federal Requirements 9:15 —10:00 am CMAQ 10:00 — 10:45 am Transportation Enhancements 10:45 — 11:30 am Surface Transportation Program cr more information, contact Don KosIL (651) 602-1721 or Kevin Roggenbuck (651) 602 -1728. All submittals must be received no later than 4:00 pm on Friday, August 31, 2001 at the Metropolitan Council offices, or be postmarked with an official postal service postmark by that date to be considered. Please address your submittals to Kevin Roggenbuck, Transportation Advisory Board, Mears Park Centre, 230 East Fifth Street, St. Paul MN 55101. Sincerely, TRANSPORTATION ADVISORY BOARD - D d�r_/a . Donn R. Wiski Chair DRW:CEO:ejm Solicitationl,Wul.doc 2 of 2 Office tel.: 651 -582 -1359 Fax: 582 -1368 Commissioner, Minnesota Department of Transportation Commissioner, Minnesota Pollution Control Agency Commissioner, Minnesota Department of Natural Resources Chair, Metropolitan Council Indian Tribal Governments County Board Chairs County /City Park Commission Chairs Chairs, Special Park Districts Mayors and Town Board Chairs Chairs, School District Boards The Metropolitan Division of Mn/DOT, on behalf of the seven - county metropolitan area, has been requested to solicit candidate projects in three project categories for federal funding for the years 2005 and 2006. The three project categories included in this solicitation are Hazard Elimination Safety,'' Bridge Improvement Replacement, and Rail Crossing Safety. The Transportation Advisory Board to the Metropolitan Council is directly soliciting candidate projects in eight other project categories. You should receive that solicitation at about the same time you receive this one. Approximately $2.4 million per year is available for the Hazard Elimination Safety category, $5 million per year for the Bridge Improvement category, and $1.75 million per year for the Rail Crossing Safety Program. The materials available on the following Mn/DOT web site, http: / /www.dot.state.mn.us /metro /federalfunding /, describe the project categories and the qualifying and priority criteria which will be used to prioritize the candidate projects submitted. Please read the materials from the web site carefully and supply the required information as completely as possible so that your project can be fully understood by the groups evaluating and ranking the projects. If you do not have web access, please request a copy of the material from BrianVollum, at (651) 582 -1408, or (651) 602 -1748. General questions regarding this process should also be directed to Brian Vollum. Questions regarding specific project categories should be directed to the individual(s) as identified in the solicitation. Address submittals to Brian Vollum, brian.vollum2dot.state.m Metro Division, MnDOT, 1500 West County Road B -2, Roseville, MN 55113. Submittals must be received or U.S. Postmarked by 5:00 PM, August 31, 2 Successful applicants will be notified during the winter of 2001/2002 Sincerely, Ri and A. Stehr, P.E. Metro Division Engineer Attachments An equal opportunity employer C4 F-- O M rf . H Z —� F D Z7 c� < F F9 C z H I I � I I z D C4 z tj -I o Z n D = IT] z C co C Si � T ST. ST. CD C-9 T ST, � Z - < < S T. ST. .a ST. ROUNDHOUSE ST, C J ST. 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O CA O O N v CD m ca om 3 o- 0 3 °0 0 0 0 C. cn Ln 0 0 o o v cn CD O o o 0 o Oo', 0 n o 0 0 0 0 0 o o CD c c c co s m n- 3 cn m m — v a CD m CD m 0 m 3 M o 0 m a w 0 m cn 7 to o O CD O 0 3 5 CD a O O N m En O O O ',. U) _ O O 7 7 Cn CD (n o 3 O (n , .� CD O CD r 7 w CD C Hl CD O J (� 0 O 0 R O m (7 N O O N O O O CITY OF SAKOPEE Memorandum TO: Mayor & City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Budget Division Transfer of Funds DATE: August 14, 2001 The Public Works Department would like to transfer funds from Capital Expenditures of $28,000.00 which was to be used for Scenic Heights playground equipment but has been determined not to be necessary by the Natural Resources Director and Public Works Supervisor. The Public Works Department would like to use this transfer of funds in the Park Division as follows: $3,000.00 Materials for additional ag lime for ballfields $6,000.00 Pumps replacements in Memorial Park $4,000.00 Playground repairs The remaining $15,000.00 will be for pavement preservation for trails in Memorial Park. Please review this request for transfer of funds and let us know as soon as possible if this is acceptable or not. r Bruce Lone Public Works Director BL/pmp BUDGET Cc: Michael Hullander, Public Works Supervisor TO: Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police /)/V'LZ SUBJECT: Participation Agreement Multi- Jurisdiction Network Organization (MJNO) DATE: August 14, 2001 Council is asked to consider allowing appropriate City staff to sign the participation agreement for the Multiple Jurisdiction Network Organization (MJNO). BACKGROUND: The original MJNO project has been around since 1992. The MJNO is the only available service of this type for the State of Minnesota. In 1997, several agencies sought and received grant funds for the sharing of information between law enforcement agencies within the state, and now share over two million records. Participating agencies provide data to a server that is managed by the Minnesota Chiefs of Police Association. MJNO is a quick and efficient link to locating and gaining updated, valuable shared information. For example, if we were looking for information on a suspect or individual, we could do an electronic check through MJNO and immediately find out which other Minnesota agencies have had contact and access updated information. In order to gain access, members must be able to provide data and have the availability to retrieve data. Scott County is unique because of their Central Records System, which is shared by all local and county law enforcement agencies. Because of this situation and the fact that our records are centralized, we receive a substantial discount in the MJNO participation fee. The fees provide the cost of supporting an MJNO site administrator, physical maintenance of the server, off -site data backups, MNJO interface software improvements, etc. The usual price is $2,500 annually. The cost for Shakopee will be $1,000 annually. Pg. 2- Memo To Council Participation Agreement/MJNO BUDGET IMPACT Funds currently exist within our professional services line item to pay for this service. ACTION REQUESTED: The City Council, if they concur, should authorize the appropriate city officials to enter into the participation agreement with the Multi- Jurisdictional Network Organization and moves it's adoption. DH:pm Attachments: 1. MJNO Participation Agreement (2 copies) 2. The Exchange, Vol. 2, Issue 2, 6/15/2001 3. Letter From Minnesota Chief's of Police Association 2 Minnesota Chiefs of Police Association 1220 South Concord Street South St. Paul, MN 55075 (Hereinafter referred to as "MJNO ") Hereby grants to: Agency Name Address Administrator Administrator's Phone E -Mail Address (Hereinafter referred to as "Participant") The Participant is hereby granted the right to use the service according to the terms and conditions of this agreement. No title to or ownership of the contributed information or any of its parts is hereby transferred. Both Participant and MJNO agree that this agreement constitutes the entire contract by and between them. Any oral or written documents between parties which are inconsistent with the terms of this agreement or are in addition to the terms of this agreement are superseded by this document and are of no further validity or force of effect. Proposed Amendments to this agreement may only be made in writing and by a document specifically indicating that it is intended to be an amendment to this agreement. A. DEFINITION OF TERMS For the purpose of this agreement, the terms defined in this article shall have the meaning given them. • "Multiple Jurisdiction Network Organization" means the organization created pursuant to this agreement, which organization is hereafter referred to as "MTNO ". 6/27/01 0 ® "Vendor" means the duly contracted company or companies that provide the services described in this agreement. • "Participant" means the individual agency, which enters into this agreement and is, at the time involved, a party in good standing. • "Administrator" means the duly appointed individual from each participant agency who has certain rights and responsibilities pursuant to this agreement. ® "Service" means the following described goods and services in accordance with the terms and conditions set forth herein. • "Participant Software" means the proprietary software and database system that is owned by the Participant and serves as the basis of the information that is provided to MJNO. • "Information" means any records provided to MJNO by the individual 'participant agency. • "IP (Internet Protocol) Address" means a valid electronic identifier registered with the Internet. B. PIULOSOPHY OF ORGANIZATION MJNO is a cooperative effort to facilitate the sharing of investigative law enforcement contact information among law enforcement agencies throughout the State of Minnesota. MJNO provides four essential functions. 1. Provide a central repository for storing Public Safety Name data. 2. Provide an interface for participating agencies to view that data. 3. All costs associated with MJNO are shared by the participating agencies. 4. To receive data you must be willing and able to share data. To that end participants who receive data from MJNO are required to have a completed participation agreement. The service provided by MJNO is designed to improve data sharing across Participant agencies that that are disparate. and normally not linked. The Service provides a name search to the Participant Agencies, but is not intended to replace direct contact between Participant agencies. Instead, the Service will help Participant agencies know which other Participant agencies to contact during the course of an investigation. Ultimately, it is the goal of MJNO to recruit Participants throughout the State of Minnesota.' 6/27/01 2 L � The use of the Service by the Participant is based on the compliance of the Participant to the following obligations: 1. The Participant will provide MJNO law enforcement contact data in the prescribed format. See Appendix A for a listing of the format specifications. 2. The Participant will provide the first and last names of all personnel to be granted access. 3. The Participant will be required to provide MJNO Information for the current year and the previous two years within 90 days of execution of this agreement via the Service or via another agreed upon media. MJNO will grant up to 20 User Names and Passwords for access into the Service on a temporary basis until the Participant can provide the initial Information upon execution of this agreement. 4. The Participant will be required to provide MJNO Information on a weekly basis as minimum standard of participation. All Information will be added to the Service via the agreed upon FTP (File Transfer Protocol). MJNO recommends and prefers that the Participant provide MJNO Information on a daily basis whenever possible via the Service. MJNO retains the right to temporarily suspend passwords if a Participant agency does not provide Information within the minimum parameters. MJNO reserves the right to change the minimum standard for data updates as necessary. 5. The participant is solely responsible for the extraction of Information from their own Participant Software package and database. MJNO is in no way responsible for those extraction services or the costs associated with them. 6. The Participant is solely responsible for the quality of the Information extracted. MJNO is not responsible for any errors in the Information. The Participant Information that resides in the Service is the full responsibility of and is owned by the Participant. 7. The Participant is solely responsible for the connectivity required for access to MNET (Minnesota Network, which is the state's backbone network). 8. The Participant is solely responsible for internal policies and restrictions' on the use of the Internet. MJNO is not responsible for the misconduct of Participants who utilize the Service. The Participant will also maintain a permanent file of End User Waivers for each User Password that is requested. MJNO retains the right to audit these files for completeness upon written notification to the Participant by MJNO. 8.1 The Participant will also maintain a permanent file of assigned "Acceptable Use" Waivers for each User Password that is requested. MJNO retains the right to audit these files for completeness upon written notification to the Participant by MJNO. 6/27/01 3 9. The Participant will designate an individual who will be herein referred to as "Administrator". The Administrator will be responsible for the following at each Participant agency: 9.1 The Administrator will be the first line of contact within a Participant agency. All end -user questions and requests must be filtered through the Administrator before they are referred to Vendor or MTNO. 9.2 The Administrator is responsible for training all staff, except the core group at each Participant agency. 9.3 The Administrator is responsible for training all staff. MJNO will provide a manual to facilitate the training process. 9.4 The Administrator is responsible for Password requests and distribution to staff at the Participant agency. Only the Administrator can request User Passwords from MJNO. 10. It is the sole responsibility of the Participant agency to make sure passwords are reasonably secured and not shared. D. MJNQ OBLIGATIONS MJNO will provide the following services: 1. MJNO will provide the Participant full access to all of the Information that is available in the Service. ' 2. MJNO will provide the Participant with User Names and Passwords into the Service. It is solely the responsibility of the Participant to distribute those passwords once received from the Vendor. It is also solely the responsibility of the Participant to notify the Vendor when an individual will be removed and his/her password revoked. 2.1 MJNO will create new user name /password sets within 3 working days of receipt of the request from an authorized Administrator. All request must be made to XLJNO@state.mn.us. 2.2 MJNO will remove existing passwords within one (1) working day after receiving notification from an authorized Administrator. 3. MJNO will be required to maintain the service. 4. MJNO will separate all data into juvenile and adult records based on date of birth. Adults and Juveniles will be stored in separate data tables in the Service. 5. MJNO will maintain the integrity of the Information for each Participant agency. 6/27/01 4 6. Access to the Service will be limited to active User ID's and Passwords and workstations on defined paths. 7. The Service will provide security so that Participant Information cannot be tampered with. 8. MJNO shall provide initial training to a core group of Participants within 30 days of execution of this agreement. The training will include: 8.1 MJNO will train the Participant on the use of the system so that the core group can then train the rest of the Participant staff. 8.2 MJNO will train the Administrator on the use of the special Administrator functions. 8.3 MJNO will provide the Administrator with the appropriate file layouts and requirements. E. Manner of Payment The participant shall pay a fee of $2,500 per year for the use of the service. Payments shall be made in January of each calendar year. Services that begin in a month other than January may be prorated in order to keep all memberships to a January to December calendar -year basis. Payments shall be made payable to the Minnesota Chiefs of Police Association. F. DISCLAJMER MJNO shall not be liable to the Participant for any loss of or injury to productivity or goodwill suffered by the Participant, caused directly or indirectly by the use of the Service pursuant to this agreement, or any interruption or loss of use thereof, or for any incidental or consequential damages even if MJNO has been advised of the passibility of such damages. MJNO will not be responsible for any additional costs of reloading Participant Information in cases of a catastrophic event. n o - lei 1. The agreement shall commence on , 20_, and shall continue for a period of one (1) year from the date of execution. This agreement shall be automatically renewable each year thereafter or until either party provides 30 days written notice of cancellation to the other party. 2. Prior to the final acceptance of the Service and initial Information load of the Participant, either party shall have the right, at its option to terminate this agreement. The agreement can be cancelled upon written notice to the other party if such other 6/27/01 5 party, whether by default or circumstances beyond its control, fails to perform any of its obligations under this agreement, which failure has not been corrected within thirty (30) days after receipt of written notice thereof. Upon any such termination: 2.1 The Participant agrees to terminate use of the MJNO Service and return to MJNO all related documentation and to not make further use thereof. 2.2 MJNO agrees to refund the Participant the full annual fee. 3. Final acceptance will occur when the Participant sends their initial Information load to MJNO for inclusion in the Service. Termination after final acceptance will include the following terms: 3.1 MJNO will retain all annual fees collected and as agreed upon in Schedule A. There will be no pro -ration of funds based on a percentage of annual membership not used for the months or days remaining in the term. 3.2 The Participant shall discontinue use of the MJNO Service immediately. 3.3 MJNO shall remove all User Names and Passwords 30 days after termination. 3.4 MJNO shall remove and provide written notice that all Participant agency data has been removed from the Service. The following documents and the agreements of MJNO and. the Participant contained herein are hereby incorporated into this agreement by reference and/or attachment: 1. MJNO Data File Definition as listed in Appendix A of this Agreement. 2. Minnesota State Statute Chapter 1382. appropriate law enforcement purposes. The MJNO Service will only be used for 3. MJNO Acceptable Use Policy. I. GOVERNING LAW This contract will be governed by and construed in accordance with the laws of the State of Minnesota. J. GENERAL PROVISIONS 1. Neither MJNO nor the Participant shall be liable or deemed in default for any delay or failure in performance of this agreement resulting directly or indirectly from any cause beyond the reasonable control of MJNO or the Participant. 6/27/01 6 2. Any failure of a MJNO or the Participant to assert any provision under this agreement shall not constitute a waiver or termination of that provision. 3. Unless exempt under the rules and regulations of the Secretary of Labor or other proper authority, this agreement is subject to all applicable executive, federal, state and municipal regulations, laws, orders, or ordinances relating to equal opportunity and nondiscrimination in employment. 4. Upon mutual agreement between MJNO and the participant agency, certain terms outlined in the above participation agreement may be modified, when that modification is in the mutual interests of MJNO and the Participant CERTIFICATION OF SERVICE AGREEMENT Participant Agency Authorized/Executive Signature Dated: By: Printed Name: Title: MJNO Authorized/Executive Signature Dated: By: Dennis J. Delmont, Executive Director Minnesota Chiefs of Police Association 1220 South Concord Street South St. Paul, MN 55075 6/27/01 7 VNIUNO DATA i' DEFINITION Comments Must be a 4 -digit year. Must also be the current year or the previous year. If supplied it must be a valid date. If not Supplied, 01/01/1900 will be inserted so the record can be indexed. This field can include any additional information that the agency wants to supply. Examples: physical characteristics, aliases, vehicle license plates, etc. Records that are missing a required data element will not be loaded. It is up to the supplying agency to insert a default value (i.e. "UNK" for unknown) into the field. All codes utilized in the host system should be expanded into English phrases whenever possible. This is not a requirement but since every agency may have different codes, the data will be much more useful if the codes are expanded. Data elements that exceed the size limitation will be truncated. The record will be loaded. 6/27/01 8 Size Data Element Required? Limitation Agency Yes 50 Sub Agency Yes 50 Case Year Yes 4 Case Number Yes 50 Last Name Yes 50 First Name Yes 50 Middle Name Yes 50 Date of Birth No 10 Gender No 50 Race No 50 Role No 50 Incident Type No 50 Street Address No 50 City No 50 State No 50 Zip No 50 Phone Number No 50 Contact Name No 50 Contact Number No 50 Additional Notes No 250 Comments Must be a 4 -digit year. Must also be the current year or the previous year. If supplied it must be a valid date. If not Supplied, 01/01/1900 will be inserted so the record can be indexed. This field can include any additional information that the agency wants to supply. Examples: physical characteristics, aliases, vehicle license plates, etc. Records that are missing a required data element will not be loaded. It is up to the supplying agency to insert a default value (i.e. "UNK" for unknown) into the field. All codes utilized in the host system should be expanded into English phrases whenever possible. This is not a requirement but since every agency may have different codes, the data will be much more useful if the codes are expanded. Data elements that exceed the size limitation will be truncated. The record will be loaded. 6/27/01 8 C ie s Conference a Success The 2001 Minnesota Chiefs of Police Association / Educational Foundation Executive Training Institute was a great success. The Training Institute was held in St. Cloud April 23rd to April 26th. The conference included several very educational seminars and breakout sessions as well as an impressive vendor showcase. MJNO took center stage on Wednesday afternoon, as several members of the executive commit- tee gave two ninety minute presentations to numerous law enforcement executives. The presenta- tion centered primarily on the basics of MJNO and how new agencies could join. Gary Ritari from the State of Minnesota, Department of Administration opened the presentations with a discussion of how MJNO has changed the nature of an investigation from when he served in Minneapolis. He went on to discuss the technical components of MJNO including the web - based approach that makes MJNO so successful. Gary also discussed the role that MNET and CJDN play in transporting the MJNO data. Chris Londgren from Local Government Information Systems (LOGIS) was the next speaker and concentrated primarily on the MJNO file struc- ture and on extractions. Extractions are the method that an agency uses to take data from their own Records Management System (RMS) and prepare it into a file that can be loaded to the MJNO warehouse. Chris pointed out that the number of extractions available for the various ven- J Inside this issue: 2 Million Record Milestone Achieved New Extract Routines Avail- able Presentation made to MaSys PC ENFORS User Group MJNO Takes Roots in non- metro area agencies Spotlight on Chaska Police Department Appropriate Protocol for Ad- dressing MJNO Questions Brooklyn Park joins MJNO New Agencies Working To- ward Joining MJNO dors is continually growing. 2 Dotty Veldey- Jones, a lieutenant from the Minneapolis Police Department, discussed the current success stories with MJNO and also the basic philosophy and history of the project which began in 1992. The driving philosophy behind MJNO is that you have to give data in order to get data. 3 The data is the most important element. 3 Lieutenant James Rugal of the Minneapolis Police Department and Sergeant Bob Hernz from the Golden Valley Police Department demonstrated the ease and power of MJNO. The officers dem- o onstrated 211 of the basic functionality of the system and ran several examples that spanned multi- ple jurisdictions using disparate systems. They also took several requests from the audience, and were able to provide hits in almost all cases; most of the requests came from agencies in non- 4 metro Minnesota! 5 Dotty Veldey -Jones reviewed the responsibilities of agencies that want to participate in MJNO. These include how and when data needs to be added to the warehouse, historical data require- s ments, extraction routines, agency data integrity and security of data and passwords. She also described the responsibilities of each agency local administrator which include filtering of user questions, training and submission of passwords to the MJNO site administrator. Dotty also de- s scribed the current fee structure which is $2,500 per year. How To Join 6 Gary Ritari described what that fee is used for. MJNO is a self - supporting organization that maintains its budget based on the contribu- Schedule of Events 7 tions of its membership. The fee goes to cover the costs of supporting an MJNO Site Administrator, physical maintenance of the server, off - MJNO Executive Committee 8 (Continued on page 2) i'd's �`. This spring MJNO has reached another major milestone with over 2 million records in warehouse. MJNO has added several new agencies late this spring including Blue Earth County, Brooklyn Park, Chaska, Mankato and Northfield. The future also looks bright as a number of agencies are working on solutions to add data to the ware- house. Currently extractions are being completed for CIS NT, MaSys ENFORS and New World Aegis, which should further increase the base of agencies that participate in MJNO. Important Facts as of May 31, 2001 • 1, 941,820 adult and 184,600 juvenile records added to MJNO by 28 participating agencies. • 1,257 users in 32 agencies • 26,483 Web hits on the MJNO site The following agencies have contributed data to the MJNO warehouse • Agencies with a star ( *) are the original grant signing agencies: M P a` IN Apple Valley( *) Bloomington ( *) Blue Earth County Brooklyn Center ( *) Brooklyn Park Burnsville Champlin Chaska Crystal ( *) Eagan ( *) Farmington Golden Valley ( *) Hennepin County ( *) Hutchinson ( *) Lakeville Mankato Maple Grove ( *) Minneapolis ( *) Minnetonka ( *) New Hope Northfield Orono Plymouth ( *) Probations (MN Dept of Richfield ( *) Corrections) Robbinsdale ( *) Rosemount St Louis Park ( *) St Paul ( *) • Agencies preparing to join MJNO. Dakota County Savage • Agencies reviewing MJNO. Alexandria Austin Benson Biwabik Fairibault Hibbing Hoyt Lakes Isanti Kasota Marshall Mounds View North St. Paul Shakopee Woodbury Worthington Chiefs Conference a Success (Continued from page I) site data back -ups, MJNO interface software improvements /maintenance, supporting software (system, database, security, etc.) and capital improvement (processors, additional disk space, redundant servers, etc.). The presentation concluded with a panel discussion on topics from the audience. The main topics were budgetary and fee struc- ture questions. Another topic that was discussed was the handling of groups of agencies. Overall the presentation was a success with over 40 executives exposed to MJNO, many for the first time. We are pleased that 15 agencies asked for an evaluation password and 1 agency signed up for MJNO on the spot. If you have suggestions or questions regarding the financial considerations of MJNO or your ability to participate, please feel free to call Dennis Delmont at the Minnesota Chiefs of Police Association. His number is 651- 457 -0677. I . . 1 1 I Most agencies agree that MJNO is a valuable tool and are very interested in joining. One of the major stum- bling blocks for many agencies has been the cre=ation of an extract routine. The extract routine is an auto- mated process which goes out to an agencies Records Management System (RMS) and pulls that data into a file that can be read by MJNO. This process is dhow an agency shares data with the rest of the MJNO agen- cies. The problem is that many agencies do not have the technical resources to create those extracts on their own. They have to rely on their vendors or other agencies that utilize the same RMS to obtain an extract. In the beginning, this stopped many agencies from participating. However, the efforts of some agencies and their vendors has begun to open the doors for other agencies in the state. Apple Valley developed an extract routine which works with the Visionaire RMS package. Apple Valley has shared that program with Burnsville Police Department. Burnsville was the second agency that uses Visionaire Software to join MJNO. For more information on obtaining the Visionaire extract, please contact Merle Lohse at Apple Valley Police Department. More recently, MaSys Corporation stepped to the plate and delivered an extraction for their PC ENFORS clients. Their efforts have been a success. Chaska Police Department is already a fully participating mem- ber while Northfield Police Department is in the process of their initial extract and set -up. Several other PC ENFORS agencies are either evaluating MJNO or have indicated an interest. For more information on ob- taining the PC ENFORS extract, contact Craig tinter at MaSys. The most recent successful extract was built by the Mankato/Blue Earth County Joint Law Enforcement Center. This extract has opened the door for Mankato and Blue Earth County Sheriff who are now fully functional. This also opens the door for other Computer Information Systems (CIS) users. This is very important since five CIS agencies are currently in the trial evaluation process. For more information on ob- taining the CIS extract contact, Jerry Heuttl at the Mankato/Blue Earth County Joint Law Enforcement Cen- ter. These three extracts join the list from the original grant process that already have extracts available. The other vendors /agencies that have extracts available are: GEAC, Hennepin County, LOGIS, Minneapolis, Minnesota Department of Corrections and St. Paul. Different agencies are also developing additional extracts for other RMS. Currently extracts for MaSys EN- FORS and New World Aegis are in varying degrees of development. MJNO will keep you updated as addi- tional extracts are available. The goal is to make MJNO as inclusive as possible. We believe that as technical barriers are removed and more extracts are available, more agencies will be able to Join MJNO. If your RMS is not listed, perhaps now is the time to ask you vendor if it could be done. MaSys Corporation invited representatives from MJNO to make a presentation to their PC ENFORS User group_ Gary Ritari from the Department of Administration and Chris Londgren from LOGIS represented MJNO. The presentation covered the basics of MMJNO and how it is being utilized today. During the course of the presentation, a number of questions were answered. MaSys has an enhancement available to the users of PC ENFORS that allows those agencies to extract data from their Records Management System and participate in the MJNO process. Shortly after the presentation, Chaska was the first PC ENFORS agency to join MJNO and start contributing data. Northfield Police Department will be the second. They have already agreed to join and are in the process of having their account set up, users added and initial data extracted. "We have tracked down two people with Northfield addresses that have been caught shoplifting at the Mall of America. Investigators are reporting that it's a big help for them in the process of tracking where some of our 'clients' have been traveling around." - Gary Smith —Chief of Police, Northfield Police Department. M Blue Earth County is the second sheriff department to join MJNO. They along with Mankato are the first to join MIND that use CIS for their records management system Apple Valley is the first agency using Visionaire software to extract and upload data to the MJNO warehouse. Burnsville also uses this extraction to process records. Northfield Police Department is the latest MaSys PC ENFORS agency to join MJNO'. 11 1 1 , 1 •'' The notion that MJNO is only for agencies that are large and are situated in the Twin Cities metropolitan area is simply not true. From the beginning, MJNO has always had the goal of being inclusive to all agen- cies no matter from what point of the map they carne from. In fact, one of the originating grant agencies was Hutchinson Police Department. It is true that many of the originating agencies were larger metro - agencies but as time passes a working partnership between metro and non -metro agencies is beginning to form. In all of its forms, MJNO has always viewed itself as a state -wide initiative. The core truth of the matter is that criminals move. They move among neighboring communities as well as across the state. The members of MJNO have always recognized this fact. Simply put, metro agencies benefit when non -metro agencies join. It is also true that non -metro agencies benefit from the core of data that already exists in the metro_ Hutchinson was the first non -metro agency to participate in MJNO. Recently, Mankato, Blue Earth County and Northfield have also joined MJNO. MJNO hopes that these will only be the first of many agencies that will participate and provide a complete coverage of critical contact data across the state of Minnesota and beyond. MJNO benefits a non -metro agency in two significant ways. First, a new non -metro MJNO agency gains instant access to over 2 million name contacts. Since criminals are mobile, this data gives you a tactical advantage. At your fingertips is data that would not be available anywhere else. This data includes all types of contacts and will help to supplement or in some cases give you leads beyond the standard Criminal His- tory available from the BCA. Remember, the Criminal history only includes information for arrests at a certain level. MJNO includes that information plus lower level crimes. It also includes information on other types of contacts such as owner, victim, witness, etc. The other benefit that a non -metro agency will receive is one that will come over time. As more agencies join MJNO, the availability of data in your immediate vicinity will also increase. When Hutchinson first joined MJNO, most of the information that was pertinent to that agency came from Minneapolis or the west Metro area. With the addition of Mankato, a whole new source of names helps them with the daily execu- tion of law enforcement in their community. So Far, MJNO has grown in the west Metro and in Southern Minnesota. We hope to add agencies in North - em Minnesota very soon. Are you the agency that is going to get the ball rolling in your region? MJNO is looking for agencies who are willing to take the leadership position in their regions. III IIII ­­I 9 1=1 1 1 Chief Scott Knight has been a supporter of MJNO for some time. In fact it was a deciding factor in determining which software vendor that he would select when Chaska just recently change RMS systems. Chaska has been pleased with MJNO so far. MJNO has given Chaska access not only to neighboring suburban communities but also access to the majority of the records in the urban core. However, the benefit didn't stop there. Chaska also has access to data from nearby com- munities like Mankato and Hutchinson. In total, this gives Chaska a rich source of data that they can use to help identify and locate individuals. Chaska saw immediate benefits from the use of MJNO in their community, even during the initial training of their officers. At the first training session, they decided to look up some current cases and found a hit on a predator they were looking for. MJNO had useful hits from other jurisdic- tions that eventually led to the subjects apprehension. Chaska had local records on the subject, but the address was incorrect. The hit in another jurisdiction had an address that was correct. Later that afternoon, the subject in question was brought in for questioning. Hutchinson, Blue Earth County and Mankato are the first agencies from outside the metro area to have access to the MJNO tool. Chaska joined MJNO in April of 2001 and already have had immediate results. M C P A July 26, 2001 Khnu esota Chiefs of 11oliceAssocialtion Chief Daniel Hughes 1220 South Concord street Shakopee Police Department South Saint Paul, MN 55075 476 Gorman street 800 - 377 -4058 toll free Shakopee, MN 55379 651 -457 -0677 tel vv w.safenet.org Dear Chief IJughes, I was very pleased to hear of the Scott County records management! consortium's decision to join MJN®. You will be invoiced at a considerable discount based on the tier system. This is a result of savings for the Minnesota Chiefs of Police Association being passed to your individual subscribers. Those savings are a result of a single source for data uploads, technical assistance and billing. Enclosed you will find an MJN® "Starter Kif' along with contracts that must be signed and returned to us. We will countersign and return one original to your agency. At that point you will receive your passwords. If you have any questions or concerns, please feel free to call us at (651) 457 -0677. Yours truly, Dennis J. Delmont, Executive Director MINNESOTA CHIEFS OF POLICE ASSOCIATION I IN enclosures Dedicated to the ideals of professional policing FROM: Sergeant Jeff Tate SUBJECT: Authority to Issue Citations DATE: August 15, 2001 Council is asked to consider Ordinance No. 610, amending Chapter 1 of the City Code by adding Section 1.13 pertaining to the authority to issue citations for code violations. BACKGROUND: Under present City Code, the position of Community Service Officer (CSO), does not have the authority to issue citations for City Code violations. One of the essential duties of our CSO's is to enforce City Code. Currently, CSO's only document City Code violations. The CSO will then pass the information onto a police officer so a citation may be issued. This creates a great deal of redundancy. This Ordinance will give CSO's the authority to issue a citation immediately for City Code violations. This will reduce redundancy along with enhancing our ability to enforce the City Code. Furthermore, the Ordiance recognized the Fire Marshal, Fire Chief, Animal Control Official and the Building Official with the same authority. Many communities such as Burnsville, Golden Valley, St. Louis Park and Apple Valley have similar "authority" language in their City Code, which has proven effective.' ACTION REOUESTE If the Council concurs, it should, by motion, adopt City Ordinance 610, amending Section 1, Chapter 1, of the City Code pertaining to the authority to issue citations. JT:pm Attachment: City Ordinance 610 ORDINANCE NO. 610, FOURTH SERIES AN ORDINANCE AUTHORIZING ENFORCEMENT OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA. ORDAINS: Section 1 — Chapter 1 of the City Code is amended by adding a new Section to read: Sec. 1.13. Authority to Issue Citations Licensed Peace Officers, Community Service Officers, the Fire Marshal, Fire Chief, Animal Control Official and Building Official are expressly authorized to issue citations against a person, firm, or corporation who violates any provision of this Code. Section 2. Effective Date. This ordinance becomes effective from and after its Passage and publication. Adopted Shakopee, Minnesota, d the day of 1 1 Mayor of the City of Shakopee ATTEST: City Clerk C - Yr CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Downtown Fire Station Reroofing DATE: August 16, 2001 The Council is asked to give direction as to how it prefers that the design of specifications for the reroofing of the Downtown Fire Station be done. BACKGROUND: The Downtown Fire Station is in need of some major reroofing. If the entire reroofing cannot be done this year, some remedial "patchwork" should be done before winter. We also assume that even though the Fire Station has a limited life for use by the Fire Department, the building will either be retained by the City for other purposes (perhaps Public Works storage), or sold for use by another. Therefore, having a weather tight roof is a necessity. The existing roof is ballasted rubber roofing. In many places, the roofing has broken loose from the edge. Therefore, very preliminary estimates indicate it will be in the $100,000 range to replace. The Council has used an architect to do plans and specifications for the City Hall and Public Services roofs, both of which are under contract for this fall. Because of public law bidding requirements, it is important to have an equal comparison when seeking bids for authorized repairs. Otherwise, leaving it to individual contractors will mean that they will come back with some widely disparate ideas as to what will and won't work. It is especially important to have verified existing conditions (including checking for asbestos) done prior to this time. In the case of both Public Services and City Hall buildings, portions of the work are correcting previous unsuccessful attempts at solutions. The City has used JEA Architects for the previous design of existing conditions, plans and specification preparation, bidding, and now construction administration. I believe there may be some cost efficiencies by utilizing JEA for the Fire Station design. However, it is also possible that another architect might be able to do the work for less cost, or better. The way to find that would be to do a Request For Proposals (RFP), describing the station, the size of the station, and asking how firms would respond.' Complete reroofing of the Fire Station, should Council direct it, will not be able to take place until next year. We will need to seek "patchwork" work to be done before winter. We will contact various firms for that, including the company currently under contract for the City Hall and Public Services reroofing. RECO NDATION: If Council wishes to seek RFD's, it should so direct. I recommend this method if there is any question on the part of the Council that a better method of providing reroofing' architectural services is available. On the other hand, if the Council is comfortable with JEA, it should direct that a proposal from JEA be requested. 1 1 If the Council concurs, it should direct that RFP's for Fire Station roofing services be solicited from a variety of firms. Mark McNeill City Administrator MM:th CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 15 August, 2001 Subject: Renewal of Concession Stand Agreements IS.rJ 1, CONSENT INTRODUCTION City Council is asked to renew the concession stand agreements for Joe Schleper Stadium and the Shakopee Ice Arena. BACKGROUND The City has a joint agreement with the Coyotes and Indians baseball teams to operate Joe Schleper Stadium concession stand, and an agreement with Shakopee Youth Hockey Association to operate the Shakopee Ice Arena concession stand. Both' agreements expire this year. Terms of the agreement specify that the organizations are responsible for the overall operation of the concession stands, including staffing, inventory, food preparation, and day -to day cleaning and upkeep. The City's primary responsibility is to obtain the food license for each operation, since the City owns the stands. Each agreement specifies that the organizations pay the City 15% of net sales. Recent commissions paid to the City are as follows: Location 2000 As of July 31, 2001 Joe Schleper Stadium $408.84 $81.39 (Dedicated to the Park Reserve Fund for future stadium improvements.) Shakopee Ice Arena $2,191 $912.78 (Recreation Fund) Changes in agreements being presented for your consideration include the following: Joe Schleper Stadium Concession Agreement with the Shakopee Indians and Shakopee Coyotes Baseball Teams • Change from monthly to annual commission payment, due on August 31S of each year. • Requirement for each organization to obtain a certificate of insurance naming the City as additionally insured in the amounts specified. • Requirement for each organization to provide and maintain all equipment used in the storage, preparation, and sales of concession items. The City would still retain responsibility for maintenance of the building. Shakopee Ice Arena Agreement with Shakopee Youth Hockey Association ■ No changes proposed; requirements proposed to be added to Joe Schleper Stadium agreements were integrated in the Ice Arena concession agreement last year. RECOMMENDATION Having experience operating concession stands for another employer, I have found that the salary and supply costs typically exceed the revenue produced, unless you have consistently high volume. Both of these operations have significant low- volume periods. The advantage these organizations have is the ability to staff the operation with volunteers, eliminating a significant cost. The agreements with these organizations are working well, and I recommend renewing each of them for a two -year period with the changes noted above (included in the agreements being presented). All three organizations have been presented with the agreements and support renewal. REQUESTED ACTION If City Council concurs, move to authorize: 1. Renewal of the agreements with Shakopee Coyotes Baseball Team and Shakopee Indians Baseball Team to operate Joe Schleper Baseball Stadium concession stand through August 31, 2003. 2. Renewal of the agreement with Shakopee Youth Hockey Association to operate the Shakopee Ice Arena concession stand through August 31, 2003. . " Mark Themig Facilities and Recreation Director SH AKOPEE YOUTH • • • CONCESSION 2001-2003 This agreement made and entered into this day of , 2001, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County, of Scott, State of Minnesota (hereinafter' referred to as "CITY") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA"). WITNESSETH: Whereas, the CITY of Shakopee is desirous of providing efficient concession services to Shakopee Ice Arena patrons, and generate revenue; and Whereas, SYHA wishes to provide concession services at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses concession earnings to rent ice time at the Shakopee Ice Arena, which is beneficial to the CITY. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: 1. DUTIES AND RIGHTS OF SYHA A. SYHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Ice Arena concession stand between the hours of 6:00 p.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 8:00 p.m. Saturday and Sunday, excluding holidays. The CITY may request SYHA to provide these services at additional times and SYHA shall meet these requests, if given two weeks notice. B. SYHA agrees to pay the CITY an amount equal to Fifteen Percent (15 %) of the net receipts from concessions at the Shakopee Ice Arena for the use of Arena concession stand facilities and equipment. Net profits shall be defined as gross sales less the cost of products, materials, and sales taxes to be paid. C. Payments shall be made monthly, on or before the fifteenth (15 day of the month. D. SYHA agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SYHA may sell souvenirs and other hard goods not sold by the Ice Arena, as approved be the CITY in writing. SYHA souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. E. SYHA agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. SYHA will be responsible for the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a'power outage or equipment failure. SYHA shall thoroughly document such losses_ If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. SYHA agrees to provide all manager(s), supervisor(s), attendant(s), and other personnel for its Ice Arena concession operations, and train those personnel in food preparation and handling procedures as required by any and all government agencies_ SYHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such personnel or other personnel associated with SYHA shall not be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. G. SYHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved the CITY. Such reports shall be submitted along with each monthly remittance of the CITY's share of the net receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SYHA further agrees to allow the CITY or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross', receipts shall be agreed upon by the CITY Finance Director. SYHA will maintain a separate checking account for concessions operations. H. On or before April 1, of each year, SYHA shall provide the CITY with a copy of the year -end Ice Arena Concession financial report prepared by SYHA for its Board of Directors. I. SYHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SYHA, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by SYHA concessions operations_ J. SYHA agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000' general aggregate, $1,000,000 food product liability per occurrence, and fire /property damage in the amount of $100,000 per occurrence. The required insurance certificate must name the City of Shakopee, its officials, agents,' employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided 2 to the CITY 30 days prior to the expiration date of coverage. All insurance must be provided at SYHA expense and at no costs to the CITY. K. SYHA or the CITY may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.B. In the event of such termination by either party, SYHA agrees to pay the CITY the full remittance owed as of the date of termination. L. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status,' disability and status with regard to public assistance, age or familial status.. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. SYHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The CITY agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. B. The CITY agrees to provide storage for SYHA inventories, subject to the limitations of available space at the Ice Arena. C. The CITY may immediately terminate this agreement in the event that SYHA fails to provide concession services or dasher board advertising in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. III. JOINT DUTIES AND RIGHTS A. SYHA and the CITY agree to work to develop a security plan for controlling access to the concession area. This plan will designate which SYHA personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. The plan will also designate which CITY staff have access to the concession area for conducting building maintenance, inspections, etc. B. SYHA and the CITY agree that the types, serving sizes, prices and packaging of concession items sold by SYHA shall be mutually agreed upon by the Shakopee Facilities and Recreation Director and SYHA. C. SYHA and the CITY agree that in the event a tournament sponsored by a local sports association is held in the Community Center during the terms of this agreement, that SYHA will pass on a share of its concession revenue generated during the tournament to the CITY if it operates the concession stand_ The amount of share shall be mutually agreed by SYHA and the CITY. D. SYHA agrees to receive and account for cash received for skate sharpening, if so requested by the CITY. The CITY will provide the skate sharpening services. All revenue received by SYHA for skate sharpening shall be transferred monthly to the CITY, in conjunction with payment required for use of the concession stand as identified in I.C. above. E. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda ''to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. F. This Agreement shall commence upon execution by both parties, and shall terminate on August 31 st, 2003, unless otherwise provided for as in Section (H). G. This Agreement shall not be assignable except by the written consent of the CITY. H. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above', written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk 4 ' 0 0 :, A s 1 0 0 1TI i This agreement, made and entered into this day of , 2001, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as CITY ") and the Shakopee Coyotes Baseball Team, (hereinafter referred to as "TEAM"). WITNESSETH: Whereas the CITY is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium; and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the CITY desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund, which is used in part to fund improvements at the Joe Schleper Baseball Stadium, which is a benefit to the CITY; Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: rJ A. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The CITY may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. B. The TEAM agrees to pay the CITY an amount equal to Fifteen Percent (15 %) of the net profits from concessions at the Joe Schleper Baseball Stadium. C. Payment shall be made annually, on or before August 31' of each year. Net profits shall be defined as gross sales less the cost of products, materials', and sales taxes to be paid. D. The TEAM agrees to purchase and maintain all food goods, materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the CITY, as approved by the CITY in writing. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. E. The TEAM agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. The TEAM will be responsible for the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage or equipment failure. The TEAM shall thoroughly document such losses. If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. The TEAM agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. G. The TEAM agrees to maintain in internal control system, which includes a Cash Report, on forms approved by the CITY. Such reports shall be submitted along with each annual remittance of the CITY's share of the net receipts. In accordance with Minnesota Statutes 1613.06, Subdivision 4, the TEAM further agrees to allow the CITY or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. H. On or before August 31 st of each year, the TEAM shall provide the CITY with a copy of the season's concession financial report prepared by the TEAM. I. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims,' losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents, officers, employees, volunteers, patrons, or any persons associated with or served by the TEAM's concessions operations. J. The TEAM agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000' general aggregate, $1,000,000 food product liability per occurrence, and fire /property damage in the amount of $100,000 per occurrence. The required insurance certificate must name City of Shakopee its officials, agents, employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the CITY 30 days prior to the expiration date of coverage. All insurance must be provided at the TEAM's expense and at no costs to the CITY. K. The TEAM or the CITY may terminate this agreement upon thirty (30) days written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the CITY the full remittance owed as of the date of termination. L. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, martial status, disability and status with regard to public assistance, age or familial status! The TEAM agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA),'as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. The TEAM agrees to abide by all applicable State laws and requirements, including but not limited those of the Minnesota Department of Health. II. DUTIES AND RIGHTS OF THE CITY A. The CITY agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. B. The CITY agrees to provide, maintain and repair facilities as necessary for the sale of concessions for use by the TEAM. The CITY further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The CITY assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. C. The CITY may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. D. The CITY may terminate this agreement upon thirty (30) days written notice to the TEAM for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS A. The TEAM and the CITY agree to work to develop a security plan for controlling access to the concession area. This plan will designate which TEAM personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. The plan will also designate which CITY staff have access to the concession area for conducting building maintenance, inspections, etc. B. The TEAM and the CITY agree that the types, serving sizes, prices and packaging of concession items sold by the TEAM shall be mutually agreed upon by the Shakopee Facilities and Recreation Director and the TEAM. C. The TEAM and the CITY agree that in the event a tournament sponsored by a local sports association is held in at the facility during the terms of this agreement, that the TEAM will pass on a share of its concession revenue generated during the tournament to the CITY if it operates the concession stand. The amount of share shall be mutually agreed by the TEAM and the CITY. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall commence upon execution by both parties, and shall' terminate on August 31st, 2003, unless otherwise provided for as in Section (H). F. This Agreement shall not be assignable except by the written consent of the CITY. G. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE COYOTES BASEBALL TEAM President • , • : . . �A r, 1191 9. .4 a I = 0 1 11 11 This agreement, made and entered into this day of , 2001, 1 by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "CITY ") and the Shakopee Indians Baseball Team, (hereinafter referred to as "TEAM "). WITNESSETH: Whereas the CITY is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium; and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the CITY desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund, which is used in part to fund improvements at the Joe Schleper Baseball Stadium, which is a benefit to the CITY; Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF TEA A. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The CITY may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. B. The TEAM agrees to pay the CITY an amount equal to Fifteen Percent (15 %) of the net profits from concessions at the Joe Schleper Baseball Stadium. C. Payment shall be made annually, on or before August 31 st of each year. Net profits shall be defined as gross sales less the cost of products, materials,', and sales taxes to be paid. D. The TEAM agrees to purchase and maintain all food goods, materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the CITY, as approved by the CITY in writing'. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. E. The TEAM agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. The TEAM will be responsible for the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage or equipment failure. The TEAM shall thoroughly document such losses. If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. The TEAM agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. G. The TEAM agrees to maintain in internal control system, which includes a Cash Report, on forms approved by the CITY. Such reports shall be submitted along with each annual remittance of the CITY's share of the net receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, the TEAM further agrees to allow the CITY or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. H. On or before August 31S of each year, the TEAM shall provide the CITY with a copy of the season's concession financial report prepared by the TEAM. I. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims,' losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents, officers, employees, volunteers, patrons, or any persons associated with or served by the TEAM's concessions operations. J. The TEAM agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000' general aggregate, $1,000,000 food product liability per occurrence, and fire /property damage in the amount of $100,000 per occurrence. The required insurance certificate must name City of Shakopee, its officials, agents, employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the CITY 30 days prior to the expiration date of coverage. All insurance must be provided at the TEAM's expense and at no costs to the CITY. K. The TEAM or the CITY may terminate this agreement upon thirty (30) days' written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the CITY the full remittance owed as of the date of termination. L. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, martial status, disability and status with regard to public assistance, age or familial status. The TEAM agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. The TEAM agrees to abide by all applicable State laws and requirements, including but not limited those of the Minnesota Department of Health. II. DUTIES AND RIGHTS OF THE CITY A. The CITY agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. B. The CITY agrees to provide, maintain and repair facilities as necessary for the sale of concessions for use by the TEAM. The CITY further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The CITY assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. C. The CITY may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. D. The CITY may terminate this agreement upon thirty (30) days written notice to the TEAM for any reason other than stated in IL B. III. JOINT DUTIES AND RIGHTS A. The TEAM and the CITY agree to work to develop a security plan for controlling access to the concession area. This plan will designate which TEAM personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. The plan will also designate which CITY staff have access to the concession area for conducting building maintenance, inspections, etc. B. The TEAM and the CITY agree that the types, serving sizes, prices and packaging of concession items sold by the TEAM shall be mutually agreed upon by the Shakopee Facilities and Recreation Director and the TEAM. C. The TEAM and the CITY agree that in the event a tournament sponsored by a local sports association is held in at the facility during the terms of this agreement, that the TEAM will pass on a share of its concession revenue generated during the tournament to the CITY if it operates the concession stand. The amount of share shall be mutually agreed by the TEAM and the CITY. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall commence upon execution by both parties, and shall' terminate on August 31 st, 2003, unless otherwise provided for as in Section (H). F. This Agreement shall not be assignable except by the written consent of the CITY. G. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE INDIANS BASEBALL TEAM President CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Holmes Park Shelter Reconstruction DATE: August 16, 2001 �'l @a The Council is asked to award a contract for reconstruction of the fire- damaged Holmes Park shelter to Tri-Star Builders of Wayzata, Inc., in the amount of $31,993.49. Earlier this summer, an arson fire badly damaged the picric shelter at Holmes Park'. The City's insurance carrier, the League of Minnesota Cities Insurance Trust ( LMCIT),' reviewed the damage, and provided the City with the names of two companies who do repair work of this type. Those companies were asked to submit quotes for the work. The results of the quotes were as follows: Tri-Star Builders of Wayzata $31,933.49 Christians, Inc. (Chanhassen) $46,227.36 Public Works Supervisor Mike Hullander noted that the quote provided by Tri-Star also included electrical work; the quote from Christians, Inc. did not. Therefore, an "apples to apples" comparison between the two would actually show the disparity being evert greater. Once the work is completed, the LMCIT will send the City a check for the entire amount, less a $2500 deductible. However, the agreement for the work should be between the City and contractor. Recently, the State changed its mandatory bidding requirements, to allow for quotes to be taken if the amount of work to be done is less than $50,000 (this is double from the previous allowable amount of $25,000). City policy normally dictates that three quotes are taken for projects of this size; however, a third quote could not be readily obtained. BUDGET IMPACT: The "out of pocket" expense to the City will be the $2500 deductible, plus any future increase in premium as a result of this claim. RECD NDATION: I recommend that City staff be directed to enter into an agreement with Tri-Star Builders of Wayzata, for the repair of the picnic shelter at Holmes Park. It is my understanding that the insurance adjustor for the LMCIT has had experience with Tri-Star Builders, and indicates that they do quality work. FETGQV ' 1 ' If the Council concurs, it should, by motion, direct that the City enter into an agreement with Tri-Star Builders of Wayzata, to repair the picnic shelter at Holmes Park, in the amount of $31,933.49. e r Mark McNeill City Administrator MM:th FROM : i "I CONZET FA*.> NO. 76, ZLAi. 30 2 0 7- I, C, im T*% 7 T - r - % - ri '119r A X;rr7 A te'` A - TN,Tf -1 FA Re: Nklazming hOU-3e 4th & Q* S � U A W kl' TF , pj()R & ROOF ARSA R&R shingles I &67SQ 3,643.65 R&R d=mged abeathing 768SF 1,344.00 R&—v, d-waged rafters 51 6BM 1,866.00 R&R dama joist 454R-M 1,598m g Truss a� new framing 1,550,10 R&R 2 windows 900,24 R&P, door 650.00 R&R damaged g an cameTs 1,560.00 R&R 1- 16' s�c of b d l�= 212.00 R&k C( PIYWOOd C4 2.,215.50 R&R fascia sLib 268.00 R&R alum fascia =d soffit 2,375.00 P&P posts 280.00 1,488.00 Prep and �fa� b-mId* 210.00 R&R gable vent 86.40 Clean conorcte 1162.00 Back -Tray op m fl=ing ac P&p windows and doors 240.00 FR : J CCNZET FAX r• '. 763494S4712 Tu. l. 30 2001 09:10qN P'- Clem W&C Clean floor Clean fixtures FURNACE ROOM Cie= seal, and pLnt - w&c Clean, seal, and. paint shelv* Clean and paint floor Clean "Urn=e ffwj� . ,M R&R wwdow tnm R&.R base Remove and reset bench stat R&R coiling insubtion R&R wall iwWaflon P&P W&C P&P vw-indows and tdra Clem. and paint floor Clean and paint bench seats The toW of the above e5limte is $3 1 ,933.49 Sincerely, 11 NMI 250.00 1 10.00 58.80 110.00 1,872.80 240.00 300-00 200.00 1,008.00 380.00 786.00 160.00 288.00 132.00 420.00 650,00 2,597.00 200.00 11 250.00 08/02/2001 12:19 '35227e89@3 CHRIST T�tiS, Jr4C, PAGE 02 �m Christians Inc 1480 park koad Ch MN 55317 952-476-2001 952-470 4 -202 0810212001 Lo Claim 0 Oc' p 00-00-U -0 lnsure'i: city of sha cause of Loss: File p erty jj @i 4th Aveaue P S)aakopee KIN Deductible: Home: (952) 233-3820 Pxicc List: NPQv A I Date of Loss: Date Inspected: summary for Fire 37,833.85 Lime Item Tot2l 10,59916 699-95 Material Sales -fax @ 6.500% x 39,522,80 Replacement Cost Value (0,00) Less Depredation Actual Cash Value (ACV) 10.0% x 38,522.80 3,852.28 Overhead Profit 38,522.80 3,852,28 Actual Cash Value (Including Overhead and P10fit) 46,227,36 Loss Deductible (000) Net Actual Cas) Value Payment S46,22736 w a n fil.6 a (952) 470-2001 ALL AMOUNTS PAYABLE ARE SUBJECT TO THE TERMS, CONDITIONS AND LIMITS OF YOUR POLICY. 08/02 2- -1 12: 9 522 7 8 89 0 3 PAGE 0- Christians, lue City of Shakopee 00-I'000-0000 F Li I-evation 24 1 X ... x 8'4" 00M - N or th Elevation 25160 3F WA & C 252.60 SF Walls 24.25 LFFJo-orPerj=.ter 232,60 SF Long Wall 252.60 SF Short Wall 25.64 LF Ceil. Ptrllnetcr QU,6 UNIT COSI RCN DEPRE(,'. ACV DE CRIMON ,S R,&R Soffit & fascia - n - 4) 32,00 LF 13.14 420.48 420.49 overhang � I<emavc'�o ffi t--ood 129,00 SF 0.is 23J34 23JA. clea floor OT Toofjoist System 128,00 SF OA9 62,72 62,72 Expwd Soffit frAMIR9 Seal floor or mof joist sYsteTn 129-00 SF 0,62 104.96 104,96 Exposed soffit fralning R&R Attic vent -- gablt end - wOOd 1,00 F-A I06,21 106,21 1.06.21 R&R Siding - bevelod - Ceda 54 76-00 3F 5.58 424.08 424.08 inch stuck Seal stud wal.), For odor control 65,00 SF 0,49 31.85 31,85 Clean with pressurc/ch=ical sPlaY 252.60 SF 0.19 41,99 411,99 Ciearl door ( side) 1.00 EA 3-73 7�73 3,73 C;ean door I window oPeX"ng (Per 1.00 EA 4.79 4.79 4.79 Side) ,Seal & paint; finish wood siding 252,60 SF 0.93 209-66 209.66 1,439.51 Room Totals. North Elevation 1,439.51 Room-. East Elevation Formula Elevation 52'5" y ... x &V Missing W211 1 24 X 9'4 Opens Into E Goes to Moor/Ceffing 236.81 SF Walls 236,81 SP Walls & Cleilbg 2B.42 LF Floor Perimeter 436.81 Si' Long Wall 4 36.91 SF Short Warl 28,42 LF Ceil, Perimeter DF,SCRIPTION QUAINTITY - UNIT COST RCV ACV MR Soffit & fascia - metai - 2' 52.50 LF 8.43 442.58 442-58 o Page: 2 08/02/2001 12:1 9522 0HPIST7At,j1, -ft-4C. Christian, Inc City of Shakopee CONTINUED - Fast Elevation. T trlr-17 Trx rn.; RC UESCR3STION 1830 SIA5 86.10 319,06 129.12 96.48 44-99 3 6. 62 2-340 98,80 '1 4.79 1',6.35 Renjoyc Soffit • wood 105.00 SF Clean floor of roof joist s7stem 105,00 SF NOTE-. CLEAN EXPOSED SOFFIT Seal. floor or voof joist sYstem 105.00 SF 0.82 NOTE: SEAL E�POSED SOFFIT R&R Siding - bcv cltd - Cd dar, 514 57.00 SF 5.58 inch stoc.)c R&R Tfira board - 1 10" - 24.00 LF 5.39 installed Side of Beam R&R Trj n board - I x 6" - installed 24.00 LF 4.02 Under Beam Clean with prcssure1c�,t!mical spray 2 .81 EY ' 0. I9 Seal & paint wood bearn 316D SF 1.09 cle=' Post's MO EA 7,80 * Scrape. Seal wid Paint, Support 24.00 U Post Clean Nvindow unit (Ter Side) 10 - 20 1,00 EA 7.67 SF Clean door I window opt (per 1.00 EA 4.79 side!) Seal & paintlftish wood siding 236,81 SF 0.831 Room Totals: East Eleyation DEPREC- P"'GE 04 08j'0212001 1,545.51 18,90 51,45 86.10 318,06 129. 96.48 44.99 36.62 23.40 98-80 7.67 4.79 196.55 1,545.51 004-000-0000 ?age: 3 03/02/2@01 12:19 9522 Cit,( of ShakoPec Room: SGUtb Elevation 77.80 Sr Wall$ 77.80 SF Long Weill D'ESCWTION R&R Soffit& fascia - metal - o verhu ng Soffit - wood Clean floor or roof joist system NOTE; CLEAN EXPOSED SOFM Seal floor or roof joist SYsteni NOTE: swAL EXPOSED SOFFIT R&P, Attic vent - gabie end - wood R&R Siding - beveled - cc-der. 4/4 inch stock Seal stud wall for odor control Clean with pressare"chernical �ra;y s & paintifinish wood siding Clean Post's ,' Scrape, Seat =..d Paint, Support Post Room Totah SO)Ufll EleV2M)n t3HRISTIAI[ lS, T Christians, Ine 128.00 SF 1.00 EA 77.80 SF 7 SF 77.90 SF 77.80 SF 4,00 EA 3100 LF Room; West Elevation Missing Wall: 24 X 9'4 236,81 SF Walls 0,82 106.2i 5-58 0.49 0. ?. 9 0, $3 7.801 3.71; 436.81 SF Long Wall 436,81 SF Short'Kall DESCRIPTION QT, AJN'T I TV UNIT COST R&R Soffit & fascia - metal - 4' 2,00 LF :3 overhang Soffit - wood 128.00 SF M6 00-L0OO-0000 42048 391-68 62.72 104.96 106,21 434.13 3E.12 14.78 64-57 31.20 11 8.40 1.787. ."S Formula Elevation 52 x ... x 8W' Goes to Floor/Cefl Ing 236 81 SF Walls & Ceiling 28,42 LT Floor Perimeter 28.42 LF Ceil, Perkneter ,RC,V DEPREC. ACV 42048 39 PAGE 05 08/02/2001 Ffirmall ElevatiOn 24'a" x — X 10" 77,80 SF Walls & Ce:ling 74,25 LF Floor FebrneteT 26.04 LF Ceil- Perimeter DEPREC- ACV 420,49 3 ,91.68 62-72 104.96 106,21 434. 38.12 14,78 64.57 31.20 118,40 1,787.25 420,48 39 -605' Page. 4 77. 80 SF Short Wall QUANTITY VNIT COST 32.017 LF 13,14 128.00 SF 3,06 123,00 SF 0.49 128.00 SF 1.00 EA 77.80 SF 7 SF 77.90 SF 77.80 SF 4,00 EA 3100 LF Room; West Elevation Missing Wall: 24 X 9'4 236,81 SF Walls 0,82 106.2i 5-58 0.49 0. ?. 9 0, $3 7.801 3.71; 436.81 SF Long Wall 436,81 SF Short'Kall DESCRIPTION QT, AJN'T I TV UNIT COST R&R Soffit & fascia - metal - 4' 2,00 LF :3 overhang Soffit - wood 128.00 SF M6 00-L0OO-0000 42048 391-68 62.72 104.96 106,21 434.13 3E.12 14.78 64-57 31.20 11 8.40 1.787. ."S Formula Elevation 52 x ... x 8W' Goes to Floor/Cefl Ing 236 81 SF Walls & Ceiling 28,42 LT Floor Perimeter 28.42 LF Ceil, Perkneter ,RC,V DEPREC. ACV 42048 39 PAGE 05 08/02/2001 Ffirmall ElevatiOn 24'a" x — X 10" 77,80 SF Walls & Ce:ling 74,25 LF Floor FebrneteT 26.04 LF Ceil- Perimeter DEPREC- ACV 420,49 3 ,91.68 62-72 104.96 106,21 434. 38.12 14,78 64.57 31.20 118,40 1,787.25 420,48 39 -605' Page. 4 FJ 3 / C 12!220 ID 1 12' 13 _ 952 % 7 86903 city of Shikopee CHRIST 1 4"INIS, 1NO. Christians, Inc C(DINTINUED -- - YVest E Q UNIT COST RC's' DESCRIPTION Clean floor Ox roof JoisT S�Iste= 105.00 SF 0.49 51 .45 NOTE CLEAN FXrOSED SOM'I dal floor or Toof joist syst-'M 105-00 0,82 96.10 NOTY. SE Eyv()SF,]D SOVFIT - R&R - 1 lim board - 1 10" - 24b 00 U 5.38 '129.12 installed Side of Beam R&R Trim board - 1" x 6" - installed - LF 4,02 9&49 Under Ream R& 1jeader - dou"ble 2" 7 10" 16.00 LF 11,59 18 i.28 NOTF,-, No LINE ITEM FOR TRIPLE HEADE.R****'N** Cleala beams - expased 24,00 LF 0.63 12 Staia & fm;!;h wood bean 33,60 SF 1-44 48. R&1� Attic vent - gable end - wood 1-00 EA 106,21 3 0 6.2 1 R&R Siding - bc - v !dar, 5/4 45.{10 SF 5.58 5 l .1d3 inch stock Seal stud wall for odor control 45,00 SF 0.4 22.05 Clean w it� j press-am)cheim-cal spray 236,81 SF 0.19 44.99 Seal & paintfflnish wood siding 236.91 SF 0,83 196,35 Clean window unit side) 10 - 20 1.00 EA 7.67 7 1,67 SF Clean dour / windOw 0.1,MlitIg (}der 1.00 EA 4.79 475 side) Clean Posts 3,00 EA 7.80 1, 23.40 * Scrape, Seal ani puint SUPPOTt 24.00 LF 3. 714 SUO Post Room Totals. West ElevAfiOn 2.169-65 00-L,000-0000 PAGE 06 0MV2001 DFPRFX :ac 51.45 8610 129-17- 96.49 185.28 13,12 48,38 106.21 251.10 22,05 44.99 196. 7,67 4.79 23.40 88,30 2 Page: 5 ,98/02/2001 12:19 3522788903 Cit of Shakopee Room Roof & Attic, C HF.ISTIANG, Tr•IC, P',GE 07 Christians, , Ise 1,421,33 SF WO-lis 1.604.35 SF Ceiling 1,271,10 SF Floor 141.23 SY Flooring 436,81. SF 1-011OVall 27186 SF Short Wall 11151 FT QUANTrly UNIT COST , 3 tab - 25 YT_ , (hvy.wt) p 16.33 SQ 35.24 comp. shingle rf-e - in& felt 175,50 175,59 R&p, Sheathing - I" x 6" 640,00 SF 2.59 R&R Roof vent - Wde 'YPe 5.00 EA 35,10 &R �. 9 - Pipe Jack R F)w I 2 00 FA 24,57 R&R Roof vel3t - turbine type 1 1.00 EA 66.00 NO LLNE ITEM; For b2th,k'tehen ex haust roof veatts R &R Drip edge 169.7 I LF 1,24 RMZ Top plate - T'x 4" 16.00 LF 1,51 F,&- P, Raf - M - stick. framt 448m LF 2.55 roo (using rafter lengdO ice & water S)4eld 210.00 LF 3,11 3 tab - 25 yr. - composition shingle 17.66 SQ 13 I..Oofir - incl. fell R&R 2" x, 4" lumber (.667 BF Per 140,00 LF 1,55 LF) Roof Bracing R&R I" x 6" li=ber (.5 BF per LF) 280-00 LF 2.5 312gonal Rafter Bracing R &R 2" x 4" lumber (.667 BF per 20.00 LF 1.55 LF) tat Ralf of Strong BIcIdnj_Z in Attic R&R 2" x 6" lumber (I BF per LF) 11 0.00 LF 1.81 2nd H21fof Strong Backing in Attic Clean floor or roof joist system 3,929.45 SF 0-49 Seat Door or .roof ipist system 3,029-45 SF ( 0.82 Remove Blown-in insulation - 10" 1,604-35 SF 0,62 depth - R30 Blown ontop of batt insulations Remove Bart insulatiot - 6" -.R.19 1.60435 SF 0.26 00 210.44 08/02/200 J Formull 'Gable'Roof 24'3" x 9'4" 24.16 2, SF Walls & Ceiling 1,142,40 153.33 LFFloorPerimeter 653.10 169.71 LF Ceil Peximetel )R C'%" DEPR"M ACV 575-47 575.47 1,657.60 ,657.60 1 175,50 175,59 49.14 49,14 66.00 66,00 210.44 210.44 24.16 24.16 1,142.40 1,142,40 653.10 653.10 1,9044,90 1,944M 217.70 217,00 71 711.20 31.00 31,00 36,20 3610 1,484.43 1,484,43 2A84,15 2,484-15 994,70 994.70 417,13 417.13 Page- 6 08/02, 12:19 9522 City of Shakopee to Ist Layer with blown 01 1 toP Blown-in inSWat"'On - 12 " dcPtll R38 R&R Baffle vent Venting of Bath Exhaust Vents Room Totals: Roof& Attie !,251,39 223,20 190,00 Room: Under Canopy CHRIST T t•IS, Christiam, Inc CONTINUED - Roof & - ktt*AC QUANnTy - UNIT COST 1,604.35 SF 0,78 240.00 LF 0,93 2.00 EA 95.00 14,.5 MissipgWall. i - 24'3" X 9'0" Opens into E missing Wull 2 - 24'0" X 9'0" Opens into E 218.25 SF W&IL 582.00 SP Ceiling 582.00 SP Floor 64 67 SY Flooring 218.25 SF Long Wa]3 216.00 SF Short Wall DESCRIPTION QUANTITY UNIT COST C. PAGE 08 MO2/2001 DEPREC, ACV 1 1,251,39 223.20 190.00 39-11 14,539,11 L%WzH 241" X 24'0" X 9'0 Gees to Floor/Ceiling Goes to Floor/Ceiling 800-25 SF Walls & Ceiling 24.25 LF Floor Perimeter 24.25 LF Ceil. Perimeter RCV DEPREC. ACV Remove Soffit - wood 582.00 SF 0.18 104,76 104.76 This has two (2) layers of plywood soffit (this is to remove the 1st Layer) R&R Soffit - wood 382.00 SF 3.24 1,885.68 1,885.68 Thig has two 12) layersof plwood soffit (this is to remove and replace top layer) Prime & paint exterior soffit - vrood 582.00 SF 1,90 1, 1 D5,80 i'105M R&R Sidirg - beveled - cedar, 514 292.27 SF 3.58 1,630.87 1,630,8 inch stock Includes the inside of Nupport beams Scal & paint/finish wood siding 292.27 SF 0.33 242.55 242,58 Includes the inside of support beams Remove Recessed light fixture - 1.00 EA 6.72 6.72 6,72 High grade R&P, Sheathing - plywood - 1/2" 128,00 SF 1.39 177,92 177,9-, CDX Clean Stud wall 218.25 SF 0.39 85,12 85,12 00-L000 -0000 Page; 1 n, �f' u L/ 2CJ01 12.1. 9522 r � R` T � . -�f'{r � 1 w� i i i- S(''�;: �. i`� Iv r {ChristiaDsj l c 08102/2001 City of Shakopee C0 \ - "Under Cal3opy QU UNIT COST RCS% Il'1s'.FRIEC. A-Cv DESCRIPTION[ Seal shad wall for odor coAt ml 218.25 SF 0.49 .49 106.9�b �y 10b.94 &1$ mist - floor Or ceilixzg - 2N6 _ 165.170 LF 1.89 317.52 31.7.52 «;'blctoking 103.96 M ask roorn (40 - 701f) & prep ?.00 LA i 1.98 103,96 70.08 LF ) Mask wall (per LF t 96,00 LF 0.73 70.08 R&R 2" x 6" lumbcr - redwood (1 56.00 LF 3.R3 Z 14,49 214,48 Biro per LF) Cedar tt`1nt btBaT'd5 R &R Vinyl window - doable hung, 2.001~;A 318.75 73 7.50 13 -19 sf - High grade Clean with pressUre /cheraica.I spray - 592,(jO SF 0.39 22639 226.95 Very heavy Conc rete Slab Soda.Blast - Mounted Trash Batt, 1,00 MN iOO.00 500.00 500.00 InC111des 'Misc blasting of rafters �. joist's as needed NO LINE, ITEM; SOD LAS'd' NG Seal and Paint mounted trash bill 1.00 EIA 195.0 * 195.00 195.00 metal'" NO LINE ITEM TRASIJ BENT " Paint doctr trim & jamb (per side) 1.00 EA 19.00 19.00 19,00 Prime & paint door slab only - 1.00 FA 26-26 26.26 26.26 exterior (per side) Roost Totals- Under Canopy 7,757 °17 7,757.17 Room. G athering Area LxWxH 23'3 'x 15'4 x syt ? DSS Aig Wall. - S "1 °` X g'9" fDp�ns inter 1 Goes to Floo °iceillrig 00- LOCO -0000 Page: 8 19 9' 5.2 2 7 8 8 9'D 3 CNRISTIANS, Christians, Inc City of slrakwcc S I ubroom 1. Offset 1%1158ing Wall: I . 8' 1 , X $ T 9 11 Opeas into 0 671,56 SF Walls 397-49 SF Ceiling 387,49 SF Floor 43-05 SY Flooring 274,17 SY T-0119 Wall SF' SlaortUdall DESCRIFTION QUANTITy 'LINIT COST R&R Cove molding - 3/4" - 76.75 LF hardwood 0-49 Clean floor or roof joist systern 572,49 SF i 1853f of wall area 469,44 -z�,eal floor or roof joist SYMM 572,49 SF Includes 185sf of wall area 67.54 Paint crown, molding - two coats 76.75 LF Remove 5, & - hung Qn1Y 3 87,49 Sf (no tape ;Dr finish) 1 185,00 SF Ist Layer 148.52 z;Q1f -1 . 11 h- t 'ari 387.49 SF r%Q&A. r" . 59 - r with sinooth wall finish 2nd Layer Visqueen vapor barrier 5 SF Includes wall ares (21 x 8'9") 0-49 .,&p, joist - floor or ceiling - 1 x6 - p - 96,00 LF w,blocking 469,44 Reinove Recessed light fixture - 6.00 EA High grade 67.54 Seal then paint the ceding twice (3 387,49 SF coats) 140 R&RT & 0 paneling - bu'axiose 1 185,00 SF (rounded joints) 148.52 Seal & paint paneling 671.56 SF Clears paneling 4M56 SF Remaining wall area 40.32 R&k Window trim set (casing & 32.00 U stogy) 313.87 Paint door or window opening (per 3.00 EA side) 0.70 Cleat). window unit (per side) 10 - 20' 2.00 FA SF 97,31 00- 51000-0000 P A (3 E 10 09/02/2001 LI 8'1" x 3`10" x �Ges to Fi0or"CoMag 1,059.05 - SF W:dlS & Ctib /6,75 LF F11003-'Perilllcter 76.75 LF Ccil, Perimeter i.Cv DEPREC. ACV 1.32 i41.31 0-49 280.52 280.52 0,82 469,44 469.44 0.88 67.54 67.54 0,19 73,62 73-62 140 929.97 929,97 0,26 148.52 148,52 1.89 181.44 19144 6.72 40.32 40.32 0.81 ?13.87 313.87 4.49 830.65 830,65 0.70 470.09 470,09 0,20 97,31 97-31 3,34 106,88 10638 MOO 152.00 152.00 7.67 15.34 15,34 Page: 9 08/02/2001 12:1 9522 -1 CHRISTT"NS, Ir Christians, Inc City of Shakopee CC)NTTNUED - Gathering Area QUAINT= UNIT COST DESCRIPTION Clean door) window opening (?el 8,00 EA 4.79 38.32 side! Clean door yper side} 300 EA 3.73 11.119 Paint door slab only (Pcr sidc) 4.D0 EA 16,63 66,52 R&P, Exterior d00T - metal - M EA 536,06 536.06 insulated / wood - High grade Commercial door w/nietal frame x 84") R&P, Door lockset & deadbolt - 1.00 EA 152,62 152.62 exterior - Premium grade Door closer - pternijun grade 1.00 EA r�3-45 9,145 R&F, Door threshold, aluminum 3.00 LF 13.23 39-69 Door wrath-,r stripping Loo F-Al 28,42 28.42 Clean register - heat / AC 3,00 FA 3.35 10.05 Detach & Reset Heal;AC register 3.00 EA 5.52 111.56 Clean bench seat's 40.00 LF 2. 1 5 * 96.00 NO LINE ITEM Seal and Paint bench seat's 40,00 LF 3,21 * 128,40 NO LINE ITEM Clean floor 387,49 SF O.20 77-50 loor & prep for paint Scrape the f 387.49 SF 0,38 147-25 Paint concrete the floor 38749 SF 0.49 199.87 Room Totals: Gathering Area 5 PAGE 11 OV02, ACV 38.32 11,19 6652 53&06 15162 83.45 39.69 28,42 10,05 16,56 8b.00 INT-M 7 147,25 189,87 5,890.72 00-'- rage: 14 08/02/' 2 IO 1 . 12: '-9 9522 - 7 38903 -' I[.j�, TPaj- PACE il� Christians, Inc City of Shakopee Room: ?d .ens BItthroom 301,8, SF Walls 69,13 SF Floor X32.7 SF Lori Wall 69, IS SP Ceiling 7,( ),s SY Flooring 5&15 SF Short Wall QX UNIT COST 6"7" X 37 0.93 SF WaII5 CeiliII9 34.17 LF Floor PCIi.Mtter 34.17 LF Ccil. P-rimetr- DEPRYX. A017 Cl tile surface area Upper walls &- ceiling S t paint the s urface, , area (2 Coats) Upper walls & ceiling cleati ceramic the Wall Tile Clean s.tt* and fav-cet Clean toilet 1 = Urinal Clear, bath accessory (:lean Hand Dryex NO LINE I'MM Clean door (per side) Pai�st door or window opening (per side) Clean door / window opening (per side) Paitt door slab or*,�y (per side) Clc% register - heat 1 AC Detach & Reset HoatiAC register Clear. exhaust; fan Detach & R?,sct Fluorosctnt - one tube - 4'- fixture wlew Clean light fixture - fluorescent Clears. floor - tile 231.42 SF 017 39,34 39.34 231.42 SF 0,61 141,17 141 162.29 SF (:. 1.00 EA 8,2) 2,00 EA 9.03 3.00 EA 3,60 1.00 EA 7.95 1,00 FA 3.73 1, DO EA 19.00 1-00 EA 4.79 1,00 BA 16J63 1.00 EA 3.y5 1.00 EA 5.52 1.00 EA 4.09 1,00 EA 42,45 1.00 EA 7.18 69-13 5F 0.35 X0.84 8.23 18.06 10.80 19.00 4.79 i 6.63 3,15 5.")2 4.09 4145 7.18 24 Room Totals: Mens BathrGom 38 30,84 8,23 18.06 10.80 ?,95 3,73 19.00 4.79 16.63 34 5.32 4,09 42.45 7.18 28, 00-LO% 0000 Page: 11 08/02/'2001 12: 1-9 9522­x88903 City of Shakopee Room: Wom0nsUALtbrQ 301-81 SF Walls 69.13 SF Flooi: 92.75 SF Long Wall IC3. PAGE 13 09/02/2001 LxWxH 10'6" A 67' X 8'1 370,93 SF Walls & Ceiling 34.17 LF Floor Periffieter 34,17 LF CeI PerillICUT DEPREC. ACV Clean the surface area upper Wy'lls & ceiling S theta p the surface area (2 coats) upper walls & cetling Cleats ceramic We Will Tale Clean sink and faucet Clean toilet Clean badi accessory Clean Hand Dryer NO LINE ITEM Clean door (per sidc'j Paint door or window opening (per side) Clean door / window openiI4 (per side) Paint door slab only (per side) Clean register - heat / AC Detach & Reset Heat,AC register Clean exhaust fan Detach & Reset Fluorescent - one rube - 4'- fixture wilens Clean 4hi ftrize - fluoresce Clean floor - the OHF.ISTIANS, D Christians, Inc 1.00 EA 69.13 ST Ceiling 1,00 EA 7-69 SYFlooling 3'00 EA 58-15 SF Short Wall QUANTITY UNIT' COST 231,42 SE 0,17 231.42 SF 0.61 162.29 SF 0.19 1.00 EA 8-23 1,00 EA 9,03 3'00 EA 3.60 1.00 EA 7.95 1,00 EA 3.73 1.00 EA 19,00 1.00 EA 4.79 1.010 EA 16.63 1 SA 3.35 1.00 FA. 3,52 1,00 EA 4.09 1.00 FA 42,45 1.00 EA 1 1 .18 69.13 SF 0,35 Room Totals: Womens Bathroom ,34 .17 39,34 141.17 30.84 8-23 9.03 10.80 7.95 3.73 19 1 1 00 4,79 16,63 3.35 5.52 4.09 42.45 1.18 24,20 30,94 8.23 9.03 10.80 7.95 3.73 19.00 4.79 16.63 3.35 $'52 4.09 42.45 7.18 2410 378.30 378.30 00-L000 -0000 Page, 12 2 r .1 �• 9522-7GG 2w�� 1'...19 .�L _� �u'a� S , - CHRI�,TI�ttt�, INC. PP GE F�,GE L4 Christians, Inc! 08/0212001 City o f Skrzkopee I,xWa1 '7 ° °, 7 °� °` x W11" Room: Utility RoOmn "- 57.48 SF Ceili 32,7,95 SF e�%all: r Ceiling 270.47 S Walls 6. 35 5' Fiocaring 30.3'3 1 F FIUO: Perimeter 57.4$ Sk Fiooz "Wall fi6,13 SF Short'f'all 30.33 LF Gail. I'exirreeter 69.10 SF Long 1 A1 TITY UNIT COS`P RC DEPR]EC, ACV DESC TION - Cleaxz. the walls and ceiling 3?7.9fi SF 0,17 55.75 55.75 Seal then paint the walls and ceiling 327.95 SF 0.61 '� � 2 0.05 200.05 (2 coats) Clean lauud -j tub 1.00 F A 7.33 7.33 7.33 Clean tcailet 2.00 EA 3.0+3 1 &06 18.06 1 = urinal Clean bath. accesaoz;r 3.00 EA 3.60 10.30 10,8 Clean Hand D -,,,eT i .00 1EA 7.95 7.95 7.95 NO LINE IT lei Clean door (Per side) 2.00 EA 3.73 7.46 7.46 Clean door / wandow ops: mg (per 2.00 EA 4.79 9,58 9.58 side) Clean furnace - forced air 1.00 EA 26.94 26.94 26,94 Clears water heater Lilo F A 12,05 17.06 12.06 Clean ductwozl; - Exterior (per LF) 2$.0, L F 2.15 60 - 20 60,20 Clear: sheaving - woad 21.00 LF 0.39 3.19 8.19 Clean recessed light_ 1iAtura 1.00 EA 5.42 5.42 5.42 Clean floor 57.48 SF 0.20 11.50 11.50 Scrape the floor & prep fb paint 57.48 SF 0.38 21.84 21.84 Paint concrete the floor 57,48 SF 0.49 28.17 28.17 Room Totals: utility Room 491.30 491.30 00 -LOOO -0000 1'sge: 13 0 8 /0 2, E 0 1 12: 19 9 bay o8 9 D 3 City of Shakopee Room. SPECTA-1, SERVICES DESCRIPTION Remove Durripstcr lead - Large Remove liand Load Dumpstet - 5 cubic yards each ELEC—T,RJCAL `**** ITEM*-**' Soath Side Ele=k, 13,Ajding. Permit = M******** 2.00 EA 394.00 10,00 EA 66,00 1.00 EA 0.00 1 J30 EA 0,00 I 188.00 0,00 0.00 1 1 , 99.00 660,00 0.00 0M Room Totals. SPECIAL SERVICES Li Item Totals; 00-LOOO-0000 Grand Total kregls: 3,98915 SF Walls 2,436-32 SF floor 2,387.94 SF Long Wall T 11NQ, Christians., Inc QUANTITY UNIT COST �4c% PAGE 15 09/02/2001 R DEPREC, ACV 2,769.56 SF Ceiling 270.70 SY 1 loori 2,044.02 SF Short'A'ail 37,1 3315 6,759.81 SF Walls & Ceiling 458,33 LF Floor Perinit= 477.89 LF Ceil, Perimetcr 37,833-85 00-L000-0000 Page: 14 CITY OF SHAKOPEE Memorandum CONSENT TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director S JECT: Appointment of Richard Sames to Regular Employment as a Building Inspector MEETING DATE: August 21, 2001 INTRODUCTION: Because of the extended absence of the Building Official, applicants were sought for, and Richard Sames was hired to a 6 -month position as Building Inspector with the City. The posting for this position indicated that it might become a regular, full -time position, and this possibility was discussed with Mr. Sames at the time of his hiring. During the period of his temporary employment with the City, Mr. Sames has proven to be a very competent and collaborative addition to the inspection staff. Because the department continues to operate with Jim Grampre as acting building official, rather than with a full complement of inspectors, and because Shakopee continues to be among the leaders in the Metropolitan Area in construction activity, I am requesting Mr. Sames be appointed to regular, full -time status as a Building Inspector at the end of his temporary employment. Because of Mr. Sames experience and on-the-job performance, I request that his appointment be approved at Step 2 of the pay grade. Because of the extended leave of the Building Official, funds to pay for the position for the balance of this year. The depa incorporate this position for next year. 1. Approve the appointment of Richard Sames to regular, f building inspector effective Monday, October 1, 2001 at 2. Do not approve the appointment. 3- Table the matter for additional information. PTAFF D. Staff recommends alternative 1. gist in the current budget nental budget request does -time employment as a .ep 2 of the pay grade. Offer and pass a motion approving the appointment of Richard Sames to regular, full - time employment as a building inspector effective Monday, October 1, 2001 at Step 2 of the pay grade_ R. Michael Leek Community Development Director a CITY OF SHAKOPEE N F 7 Memorandum Co ' To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: August 6, 2001 Subj ect: Accept Resignation Introduction The City Council is asked to accept the resignation of Ms. Kim Hartman, Records Technician. Background Ms. Kim Hartman began her employment with the Police Department on June 5th, 2000. She decided to return to teaching and offered a letter of resignation July 18', 2001 with an effective date of September 3, 2001. Action Requested The Council should, if they concur, by motion, accept the resignation of Kim Hartman effective September 3, 2001, with regret. Dan Hughes Chief of Police Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Changing the November 6, 2001 Meeting Date DATE: August 13, 2001 INTRODUCTION: The Council is asked to change the date in which the first regular City Council meeting in November is held. BACKGROUND: The first regular meeting in November would normally be Tuesday, November 6 However, that is also the day of the City election, and, by State law, Council would be prohibited from meeting prior to 8:00 p.m. on that day. In addition, by State law, the Council must meet within seven days of the election to canvass the results. At the regular meeting on August 7, 2001, City Council set a special election to fill the unexpired term of Gary Morke and designated November 7, 2001,',at 7:00 p.m. to canvass the ballots. Therefore, it is recommended that the first meeting in November be delayed to Wednesday, November 7, 2001. ACTION REQUIRED: If Council concurs, it should, by motion adopted Resolution No. 5568, Changing the November 6, 2001 Council meeting to Wednesday, November 7, 2001, and move its adoption. City Clerk ,f WHEREAS, the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS, the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the November 6, 2001 regularly scheduled City Council meeting be changed to November 7, 2001, at 7:00 p.m. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 21 day of August, 2001. Mayor of the City of Shakopee ATTEST: City Clerk CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On -Sale Liquor License — Great Lakes, Inc. DATE: August 16, 2001 INTRODUCTION City Council is asked to table the application from Great Lakes, Inc. for an on -sale liquor license. The City has received application from Great Lakes, Inc. for an on -sale liquor license for 2400 East e Avenue. Great Lakes, Inc. is acquiring the Shakopee Ballroom and Banquet Center from Shakopee Ballroom and Banquet Center, Inc. The application is not in order at this time. RECOMMENDATION Since the application was advertised for Council consideration on August 21, 2001, it would be appropriate that it be tabled at this time. RECOMMENDED ACTION Move to table the on -sale intoxicating liquor license application from Great Lakes, Inc., 2400 East e Avenue, until September 4, 2001. JSC /js 15. F. 3. City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: INET Partnership with Shakopee School District 720 MEETING DATE: August 21, 2001 Introduction The Council is asked to consider an agreement with the ISD 720, for the joint construction of an Institutional Network. Background City staff was directed by the Cable Commission to continue pursuing negotiations with Time Warner to construct a fiber optic network, Institutional Network (I -Net), for city facilities (library, public works, police, city hall, and community center). An institutional network is a general - purpose communications network that will provide high -speed transmission of two -way data, video, and voice services for the city, school district, and potentially some Scott County facilities. To date, negotiations with Time Warner to provide the expanded I -Net have been unsuccessful, although discussions will continue. During the August joint meeting of the Cable Access Corporation and the Cable Commission, staff was directed to pursue the opportunity to be an add -on alternative to construct a city facility I -Net as part of the school district RFP that will be going out for proposal on September 20, 2001. With up front capital costs to construct the I -Net, the building of new city facilities, and current and future needs of the City of Shakopee and the community as a whole, it is necessary to evaluate the full scope of entering into a partnership to construct, maintain, and use an I -Net with the Shakopee School District and potentially Scott County.' City staff and the school district have extended the partnership to Scott County as well. Due to the tight timeframe of the project, Scott County staff are working with their board members and also doing a similar evaluation of the partnership. Budget Impact Due to the complex nature of the I -Net, engineers and other technical staff are needed to assist in the drafting of the RFP, which should not exceed more than $5,000. This will be presented as a cost to the Cable Access Corporation, not City Council. The cable' committees would also plan to pay for the construction of the I -Net (roughly $180,000); however, the city depending on how it chooses to use the I -Net in the future may incur operational and maintenance costs in the future. The first capital cost of the I -Net would be the construction and installation, which would be completed in roughly the Fall of 2002 and be paid for by cable franchise fees. The school district RFP is proposing an INET that would consist of 12 strands of dark fiber (carrying capacity). Until city staff can see the results of a RFP, we can only estimate the costs to construct and run fiber into each of the city facilities, which would be approximately $180,000. Police Station -- $90,000 City Hall/Library -- $50,000 to $53,000 (the County Library System may pay for some of the library costs) Scott County Courthouse -415,000 (to be paid for by the County) Community Center -- $36,000 The City is also talking to Scott County about costs related to the Shakopee Library and the Scott County Courthouse. After the construction and installation is completed, equipment would need to be purchased for each building in order to connect each building and perform the necessary functions needed by each city facility. Equipment costs can be spread over a couple years. The timing of the new library, police station and remodeling of the public works facility fits well into an equipment purchasing plan. Discussion The I -Net is merely a tool that the City of Shakopee can use, and the only limitations the I -Net currently have are the limitations we place on it. An I -Net can meet the City's business needs including: cost containment for telecommunications expenses, instructional tool for training (two -v7ay interactive video), telephony (running phone lines "through" the I -Net), improved ability to share information and resources among public and educational institutions, enhanced participation and video quality in public meetings, centralization of services, and expandable and up- gradable communications network to support future requirements. The new library and police station should be completed by spring of 2003, and with or without the I -Net there will a need to purchase new equipment and cabling services. These two buildings could be connected to the I -Net once they are completed, so some of these costs could be budgeted as part of the new building costs. The Public Works facilities upgrade would create the same situation. Although the new City Hall is ''a few years off, it would be the council and cable committees decision to connect the current city hall. For your information, most of the equipment can be easily transferred to a new building. After the I -Net is constructed, it will have as many or as few options for services as the City Council and Cable Commission chooses. According to current industry standards, fiber has a lifespan of approximately 30 years. For our purposes, the types of services that would be proposed are for at least the next ten years. With the rapid speed of technology, I do not feel it would be proper to spread costs over 30 years for justification. Without the benefit of the final I -Net design and layout, which will be completed after the RFP is sent out, exact dollar amounts cannot always be attached to each item/service. Generally speaking, the city uses T1 lines (carrying capacity that is less than fiber, but more than a dial -up modem someone would use at home), which it leases from Qwest and a 440 MHz I -Net that was built by Time Warner in 1981 for its telecommunication needs. The 440 MHz I -Net can only be used for video to broadcast public meetings. On average, each TI line costs $350 /month to lease ($4,200 /TI line per year). Multiple lines are needed for each city facility and as the city continues to grow and expand services, the number of lines will only continue to increase. The I -Net could replace the need for leasing multiple TI lines from Qwest. Entering into a joint agreement with ISD 720, for the joint construction of an I -Net could allow for many types of future services and cost savings in areas like video services, telephony, internet connection, web based applications, security and centralization of the City's technology network, and technology maintenance agreements. Attached is a reference packet that provides more detail on these subjects. Action Required 1. Enter into an agreement with the ISD 720, for the joint construction of an Institutional Network and accept the funding for the 1) RFP to construct the I -Net and 2) cost of the I -Net fiber construction from the Cable Access Corporation and the Cable Commission. 2. Do not enter into an agreement with the ISD 720, for the joint construction of an Institutional Network. Tracy Coenen' Management Assistant Issues that a fiber I -Net could address... Video Services One of the main concerns the Cable Access Corporation and Cable Commission have is the reliability of the current 440MHz I -Net. Most of the equipment for video production and telecommunications is being upgraded to digital; however, with the current coax cable network, the city cannot take advantage of the benefits of digital technologies, and will continue to patch and repair the I -Net until it is no longer usable. Time Warner currently maintains the 440 MHz coax I -Net; however, they are not required to purchase /update equipment or provide a new I -Net as part of their current franchise with the city. The city has two options when either the current equipment becomes completely obsolete (which is coming nearer everyday due to the age of the city's current equipment) or the coax cable I -Net dies 1) build its own fiber network that connects each site that needs video capabilities, which would include City Hall, Community Center, Central Elementary and the High School 2) lease multiple Tl lines that are slower and have difficulties transmitting video signals 3) no longer offer broadcasting of public meetings and other government and public access services. Even if the city chooses not to purchase all new equipment and transfer all video services to the fiber I -Net right away, the system would be ready as soon as it is needed at a much cheaper rate over the long run than the cost of alternatives 1 or 2 above. Fiber would also increase the quality of the access channels. Time Warner has upgraded most residential cable packages to digital, but has not upgraded and will not upgrade the PEG (public, educational, government) channels to digital quality. Centralization and Security Each city facility has numerous network servers (the system that connects and helps the city wide computer system to operate) to run software applications like finance and building permit software, email and internet services, and general technology systems. For the most part, these systems are not secured and do not have good locations. For example, the Police Department server is in the patrol officer workroom. These servers could all be centralized into one system at one location. The school district, during discussions, has offered space and its technology staff to assist the city in securing and centralizing our technology systems. All HUBS of the I -Net would be located inside a secure limited access school district facility at the High School, providing a high level of physical security. The circuit - oriented nature the network inherently provides a high level of data integrity for departments like the police department. With the increased number of hackers (individuals who could illegally access city records to either destroy or use the documents improperly) and virus' from computer applications, increased computer network security can never be enough. In the long run, the city would also see cost savings since it could purchase larger' servers instead of duplicating the same servers at each location, which would result in decreased cost for software, staff time, firewalls (computer hardware that serves as a barrier to help prevent hackers and technology problems) maintenance costs and increased reliability 11 and integrity of the system. Due to changing technologies and the growth of the community, many of the city's hardware products are already out of date or need to be replaced in the relatively near future. For example, the Community Center cannot offer online web based recreation program applications because its server is too old and it only has a 56K (less capacity than a TI line) dedicated line that ties into City Hall. As with the equipment cost, centralization and security of the City's technology equipment can also be phased in as part of a technology improvement plan. Telephony Telephony, in general terms, is the ability to run phone lines through a fiber like the I -Net instead over normal phone lines. C =ently, the City has two trunk phone lines that have a combination of a bank of phone numbers, DID lines (internal only), and individual lines. The City pays for the library, city hall, public works, police, and community center phone lines. The current cost savings are not known, but it would give the city another option if Qwest or another phone line provider continues to increase rates or discontinue service(s). Internet Connections — Sharing of a Pipeline Currently, the city receives its internet service from LOGIS, the school district through a similar school consortium, and Scott County through the State. Another possible feature of the I -Net would be to have all the partners use the same internet provider and split the costs. Internet providers are attracted to larger customers, and are more willing to'',offer more capacity (pipeline) and cheaper rates than if just the City of Shakopee tried to contract services on its own. As the city continues to grow, the need for better, faster and more internet services will only continue to escalate. Web Based Applications As the internet expands into more areas of our customers lives, it is vital that government keep up with their needs. Residents are already requesting services like online building permits and recreation programs; however, the city does not have enough bandwidth ( "electronic" capacity) to meet those needs. The city, under our current circumstances would need to purchase more T1 lines to offer many services. More software applications like internal financial and human resources software offer web based features to make it easier for employees and department heads to access information, again requiring large amounts of bandwidth for such software applications to utilize the web based applications. Looking to the future, the I -Net would also open doors to telecommuting, remote location access, digital imagining, video streaming (broadcasting public meetings like City Council on the City's web site, so people without cable or not in Shakopee can view the meeting anywhere in the world), and as many ideas as you can imagine. IT Maintenance Agreement with School District A maintenance agreement between the city and the school district would need to be established. Currently, the city has engineering staff that could help defray the permitting costs and the school district has in -house technology staff that would reduce maintenance issues and costs. At present time, this figure is unknown. A cooperative maintenance agreement with the school district may also reduce some of the current IT staffing challenges of the city. M rs, F, L4 V City of Shakopee Awn vw nvnvi�v ivw TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License for Scot Neverdahl DATE: August 21, 2001 City Council is asked to consider the application of Scot Neverdahl for a Tattoo License. Mr. Neverdahl has applied for a Tattoo License to work for Linda Malone at her business known as Body Art located at 205 South Lewis Street. Since her initial Tattoo License was issued in 1994, Ms. Malone has hired additional employees to also practice tattooing at her establishment. A background investigation was conducted by the Police Department. Nothing in the applicant's background was found to preclude him from being licensed. The certificate of insurance does cover Mr. Neverdahl. 1. Approve the application for a tattoo license for Scot Neverdahl. 2. Deny the application for a tattoo license for Scot Neverdahl. 3. Table the application for additional information. Approve the application and grant a Tattoo License to Scot Neverdahl, Body Art, 205 South Lewis Street. JSC /js [i:Uicens6tattoo.mem] Responsible Governmental Unit: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 (952) 233 -3800 Project Proposers: United Land LLC 3500 West 80th Street Minneapolis, MN 55431 (952) 893 -8836 Opus Northwest, L.L.C. 10350 Bren Road West Minnetonka, MN 55343 (952) 656 -4611 15 August 2001 Abstract: This Final Alternative Urban Areawide Review (Final AUAR) studies the expected environmental impacts associated with the development of Shenandoah Business Park and Minnesota Valley West in Shakopee, Minnesota. Each of the two office /warehouse projects is proposed to include 1.1 million square feet of floor space. Each of the sites will contain access roadways, automobile parking and loading docks for trucks. This Final AUAR supplements the information presented in the Draft AUAR and responds to comments received on the Draft AUAR during the public comment period. Public Comments: The public comment period for the Draft AUAR closed on July 11, 2001. Appendix C includes copies of the comment letters received on the Draft AUAR. Responses to these comments are contained in Appendix D of this Final AUAR. Preparers: The following organizations are responsible foir preparing this Final AUAR: the City of Shakopee; David Braslau Associates, Inc.; Faergre & Benson LLP; Howard R. Green Company; Peterson Environmental Consulting, Inc., Archeological Research Services, and WSB Associates for the City of Shakopee. Availability of the Final AUAR: Copies of the Final AUAR are available from the City of Shakopee at 129 Holmes Street South, Shakopee, MN 55379. The Final AUAR will also be available in the Shakopee Public Library. Shenandoah Business Park/Minnesota TVallev West Final Alternative Urban Areawide Review Table of Contents 1.0 SUMMARY OF TBE PROJECT AND POTENTIAL ENVIRONMENTAL 1 '• 2.0 SUPPLEMENTAL ENVIRONMENTAL ANALYSIS ................... ............................... 8 2 .1. QUESTION 9: LAND USE ............................................................. ............................... 8 2.2. QUESTION 10: COVER TYPES ..................................................... .......•............•••.....12 2.3. QUESTION 11: FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES................................................................................................ ....................•....... 2.4. QUESTION 19: GEOLOGIC HAZARDS AND SOIL CONDITIONS ..............,........13 2.5. QUESTION 20: SOLID WASTES, HAZARDOUS WASTES, STORAGE TANKS.. 13 2.6. QUESTION 21: TRAFFIC ............................................................... ............................14 2.7. QUESTION 24: DUST, ODORS AND NOISE ............................... ............................15 2.8. QUESTION 25: NEARBY RESOURCES ....................................... ............................16 2.9. QUESTION 26: VISUAL IMPACTS .............................................. .............................18 2.10. QUESTION 29: CUMULATIVE IMP ACT ...................................... ..................,.........19 APPENDIX A Section 8.01 of Scott County Solid Waste Ordinance APPENDIX B Report on Archaeological Survey for Proposed Shenandoah Business Park; Archaeological Research Services APPENDIX C Comments Letters Received on the Draft AUAR APPENDIX D Responses to Comments APPENDIX E Mitigation Plan United Properties /Opus AUAR - Shakopee, Minnesota Prepared by David Braslau Associates, Inc. Shenandoah Business ParklMinnesota Vallev West Final Alternative Urban Areawide Review List of Figures Figure 1.1 Project Location in Shakopee ..................................................... ..............................2 Figure 1.2 Proposed Site Plan for Shenandoah Business Park ................. ..............................3 Figure 1.3 Proposed Site Plan for Minnesota Valley West ........................ ..............................4 Figure 2.1 Project Location and Surrounding Land Uses .......................... ..............................9 Figure2.2 Shakopee Land Use Plan ........................................................... .............................10 Figure2.3 Shakopee Urban Zoning ............................................................. .............................11 United Properties/Opus AUAR - Shakopee, Minnesota Prepared by David Braslau Associates, Inc. Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Information in this Final Alternative Urban Areawide Review has been provided by the following organizations: Organization EAW Responsibility/Information Provided United Land LLC Project proposer /project information Opus Northwest, L.L.C. Project proposer /project information City of Shakopee Responsible Governmental Unit/project review David Braslau Associates, Inc. AUAR preparation, air quality and noise Howard R. Green Company Combined traffic analysis; civil engineering for Shenandoah Business Park Peterson Environmental Consulting, Inc. Natural resources, wetlands, water impacts Faegre & Benson LLP Legal counsel Archaeological Research Services Cultural Resource Reconnaissance Survey United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review 1.0 SUMMARY OF .E PROJECT AND POTENTIAL ENVIRONMIENTAL Project Description This Final AUAR covers two projects (see Figure 1.1): (1) Shenandoah Business Park (United Land LLC) The project site is located within the corporate limits of Shakopee, Minnesota in Scott County. The site is bordered on the north by County Highway (CH 101), on the south by 4th Avenue (Old Highway 82), on the east by Scherer Brothers Lumber and CertainTeed Corporation further east, and on the west by Steel Road and undeveloped land. Shenandoah Drive passes through the westerly portion of the site, connecting TH 101 on the north and 4` Avenue on the south. United Land LLC is proposing construction of a 1,161,000 gross square foot office /warehouse development in the City of Shakopee, Minnesota, on a 112 -acre site that is currently undeveloped and brush/grassland. The proposed site plan is shown in Figure 1.2. With full build -out of the site, it is projected that there will be a maximum of 2,220 passenger vehicle parking spaces on the site. Construction on the project is scheduled to begin in the Fall of 2001. The project will be phased in over a 10 -year period, with occupancy of the initial 10% increment anticipated in 2002.. (2) Minnesota Valley West (Opus Northwest, L.L.C.) The project site is located within the corporate limits of Shakopee, Minnesota in Scott County. The site is bordered on the north by 4th Avenue (Old Highway 82) and by Kosovich Valley Park First Addition, on the south by Canterbury Park Racetrack, on the east by Canterbury', Road (County Road 83), and on the west by a Canterbury Park access roadway. Opus Northwest, L.L.C. is proposing construction of a 1,160,000 gross square foot office/ warehouse development in the City of Shakopee, Minnesota, on a 75 -acre site which includes 2.5 acres of undeveloped land that is not currently under the ownership of Opus Northwest, L.L.C. Except for the undeveloped 2.5 acres and 6.5 acres of the existing site, the remainder of the site has been graded and contains two buildings evaluated in a previous Environmental Assessment Worksheet (EAW) for this project site. Prior to grading and construction, the site formerly included a farmstead with a two -story home and several out buildings, a grass airstrip and taxi area, several rye grass fields, pine plantations, and some small deciduous woodlots. The proposed site plan is shown in Figure 1.3. With full build -out of the site, it is projected that there will be maximum of 976 passenger vehicle parking spaces on the site. Construction on the project is scheduled to begin in the Fall of 2001 and be completed in 2002. United Land LLC /Opus Northwest, L.L.0 Prepared by David Braslau Associates, Inc. Page I 3 _U U U Y\7 4 7 C7 cz to as .� t.' -"'� v' ,{ t . �; .: st��<� , i t q t � , -:� � � r 1 // � � 1 � r `�,• �] V1 ✓'�' yam•' r 1 •U,�.�r ! ¢ � � / a;"� � ,3 3 i �` � _. ":�, i r c ` t r �' r . : •1 #•�^� � -{-�; � k, i�{ r � � ` 1 l # , � / s�- ..�_• '" H y 1 &�F ;M 'sC, `� 6 r t '� t. � "�`"�' +� S � 7 §� / 1 r w.,x `. i cC � � ¢ - ]•, ;i _ r _.. ^'•� .f� Lam/] E - to �� �; � p J ,�' k• $ N"�i�a � s » � s.. � owl '3wI-I a , t A R •e t t .�So� «<.,. -�i.- t T + . - ./s /z3� � �` ,,,,`rt. fq # t ^J i z �y '`J { F • cj CO 0 a 'a �{ 8 t a y f; dip a „ Day p t-a -a cj U U +V :.'wa `�� � '.` {.,/'�l a f 3 Z ;' \� , � / C ' 8. ' � P k � � 3 $ •� '� vJ vI L"+ '_� O �. al •�,`Q+ 1 a 3 t t. f ii ' A l t. \ II )f t D f 6 °.d x c 8 ''C fi zy s srua•.,.R.. 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Y t t gi v"go' y ? & �Y' � 1 4 Fsi V s 1 RY O R ° i f } tlt� v a 1" ,c -t` e y 2' Y 2 1 Y ca " 2, y a & Y a a r , s Y u sYY�� 78 3 u, O b m �G� S i-1 r o rxg a t A� 0 o 7fl �l 3 ° ° a d D d � Q g "0 N a v 0 b _ a J 1 N 2 o J m fl 0 0 M >, w o° CL a � J g a Z O V z z W w r xD > Q W °o �, w3 Al � w 3 ON/0706 J&n.LR3 7VnJd33NOS � a //l 2131N30 1S /O .(3771�ii 'tJN/LY 9NL1SLX3 > a L) L) � cc • ONOd � Q x � � v � � a 0 b cl cl ° 0 U 3 0 0 U a c� -o a� w Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Potential Environmental Impacts Fish, Wildlife and Ecologically Sensitive Resources: Shenandoah Business Park The database information provided by the DNR indicate that most of the species with the exception of loggerhead shrike were observed prior to 1951 or were species associated with the Minnesota River and its floodplain. No use of the Shenandoah Business Park site by loggerhead shrikes has been documented to date. A final inspection of the Shenandoah Business Park site has been conducted and no evidence of loggerhead shrikes has been found. Minnesota Valley West The site has been graded for construction following completion of previous EAW and no additional impacts are anticipated. Prior to grading of the site, no evidence of any threatened, endangered, or rare plant or wildlife species was observed on the site during a field review on July 9, 1997. The 1997 search by the Minnesota DNR Natural Heritage Program also indicated that no known occurrences of rare species or natural features exist within approximately one mile of the project site. Erosion and Sedimentation: Shenandoah Business Park The proposed development will involve grading and additional fill on the site. Ultimately 112 acres of the site will be graded and as much as 332,000 cubic yards of material could be moved. Most of this material will be brought onto the site as fill. Minnesota Valley West The proposed development will involve grading of an additional 9 acres and movement of approximately 30,000 cubic yards of material. Water Quality: Surface Water Runoff: Shenandoah Business Park No increase in the rate of runoff from the site is anticipated as a result of this project. Runoff from the site will be mitigated by two stormwater retention ponds with a total of 12.6 acres constructed on the site. A list of possible Best Management Practices (BMPs) to be employed during construction to help reduce erosion and sediment loading of stormwater runoff is included in Section 2.4 of this Final AUAR. Both basins will discharge to the north for ultimate discharge to the Minnesota River via existing channels and culverts. Minnesota Valley West No increase in the rate of runoff from the site is anticipated as a result of this project due to the stormwater ponds that are now in place. These ponds will accommodate the increase in runoff from an additional 32 acres of impervious surface resulting from building and parking '',lot development. A list of possible BMPs to be employed during new construction to help reduce erosion and sediment loading of stormwater runoff is included in Section 2.4 of this Final AU AR. United Land LLC /Opus Northwest, L.L.0 Prepared by David Braslau Associates, Inc. Page 5 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Traff c: The Draft AUAR analyzed six critical intersections through which project traffic is likely to flow. The following conclusions are based upon this traffic analysis and the Mitigation Plan contained in Appendix E of this Final AUAR. • In 2003, the intersection of CH 83/4 1h Avenue is expected to operate at Level of Service (LOS) F under the "build" scenario without intersection improvements. • In 2003, the addition of an eastbound right turn lane on 4` Avenue, a southbound right turn lane on CH 83 and a northbound left turn lane on CH 83, with the addition of signalization, will improve the Level of Service to LOS B. • In 2003, the intersection of 4` Avenue /Shenandoah Drive is expected to operate at LOS A as an All -Way STOP condition, • Prior 2020, traffic on 4th Avenue is expected to exceed the capacity of this roadway.' Improvement to a three -lane urban section with additional lanes at major intersections will provide the needed additional capacity. • In 2020, the intersection of CH 83/4 Avenue, with the improvements noted above, is estimated to operate at LOS C. • In 2020, the intersection of 4 th Avenue /Shenandoah Drive will likely operate at acceptable (i.e. uncongested) levels during the PM peak hour as an All -way STOP condition. Vehicle Related Air Emissions: Increased vehicle emissions will be associated with traffic traveling to and from the combined projects. Vehicle carbon monoxide concentrations, estimated at three intersections indicated levels well below the Minnesota 1 -hour and 8 -hour ambient air quality standards. Based upon the air quality analysis of traffic on roadways providing access to the project, no significant adverse impacts on air quality are expected. Odors, Noise and Dust: Dust, noise and vibration may be associated with grading of the two sites and possible blasting on the Shenandoah Business Park site, as well as construction of the buildings, drives, and parking areas. These impacts will be controlled by state regulations and guidelines to minimize off -site impacts. Some noise will be associated with traffic traveling on roadways to and from the site and while these roadways are exempt from state noise standards, noise levels at most receptor sites are predicted to be below state noise standards. Levels are predicted to be slightly above the standard at the only residence on 4 th Avenue potentially impacted by traffic from the combined projects. Nearby Resources Shenandoah Business Park Murphy's Landing, a living history village of the 1800s with more than forty buildings, is located United Land LLC /Opus Northwest, L.L. C. Prepared by David Braslau Associates, Inc. Page 6 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review north of TH 101 across from the proposed development. Recreational trail corridors are identified in the Comprehensive Plan along 4th Avenue and CH 83 corridors. Two burial mound groups have been identified in the vicinity of the project. The Pond Mound Group (21 SC 22) is located entirely north of T.H.101, in what is now referred to as Memorial Park, the eastern end of which lies directly north of the project area but is separated from it by the highway and the CSMO railroad grade. The Steele Mound Group (21 SC 24) is partially preserved north of T.H. 101 but also, to a large extent, was damaged or destroyed by the highway and, in the case of one mound, the construction of the CSMO railroad embankment. Evidence of tools and debris that appears to represent the southern edge of a stone tool production area and possibly of a larger habitation site that continued towards the river has been identified along the northern boundary of Shenandoah Business Park approximately 120 meters east of Shenandoah Drive. This evidence has been partially or largely destroyed by highway and railroad construction. If this area cannot be avoided and protected as a green space in the final development plan, further study and more intensive testing will be needed in order to evaluate the significance of the site. Visual shielding of those portions of Shenandoah Business Park adjacent to Murphy's Landing will be provided in landscape plans for these parcels. Minnesota Valley West A cultural review of this property was requested from the State Historic Preservation Office (SHPO) in advance of the EAW publication of the SuperValu proposal for the site in 1997 concluded that the project was unlikely to affect any historic properties and did not request a cultural resources investi Impact on Infrastructure and Public Services: The maximum wastewater flow of the combined projects (146,586 gallons per day) can be accommodated by with appropriate connections to the public sanitary sewer system. The maximum demand for water by the combined projects (151,245 gallons per day) can be accommodated by the Shakopee Water Utility with appropriate connections to the municipal water supply system. The following roadway improvements will be needed to ensure adequate traffic flow with the combined projects: • By 2003, an additional eastbound right turn lane on 4th Avenue at its intersection with CH 83. • Prior to 2020, the intersection of 4 th Avenue and CH 83 will require major reconstruction including the installation of a traffic signal. • Prior to 2020, increased traffic demand on 4 th Avenue east of CH 83 will require additional capacity, which could be accommodated by a three -lane section along this roadway segment. Development of Shenandoah Business Park and further development of Minnesota Valley West will require additional police and fire protection for these two sites. United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 7 Shenandoah Business Park/Minnesota Valley West Final Alternative Urban Areawide Review 2.0 SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 2.1. QUESTION 9: LAND USE Quesiton 9 of the Draft AUAR includes a description of land uses on and around the projects. Two residential areas abutting 4` Avenue in the vicinity of the proposed Shenandoah Business Park were not identified in the Draft AUAR. The Goemer residential property, located on the north side of 4` Avenue, is bounded on the east, north and west by the proposed Shenandoah Business Park and on the south by 4` Avenue. A residential area is located south of 0 h Avenue and west of Shenandoah Drive. These areas are identified in Figure 2.1. Adjoining Land Use Compatibility Goemer Property The Goemer property and residence is located 300 feet east of Shenandoah Drive on the north side of 4` Avenue. The property will be surrounded on the west, north and east by Shenandoah Business Park, and on the south by 4` Avenue. The property falls within the area north of 4` Avenue that is guided Light Industrial in the Shakopee Land Use Plan and zoned I1 (Light Industrial). See Figure 2.2 and 2.3 in the Final AUAR. This makes the property a legal non - conforming use. Since the Land Use Plan guides the property for Light Industrial, the residential use may eventually be replaced by a Light' Industrial use. Residential Area south of 4` Avenue The residential area, shown in Figure 9.1 of the Draft AUAR, is approximately 200 feet south of 4` Avenue and buffered by trees. The area is also buffered by land uses based upon zoning developed by the City of Shakopee - from west to east these are an area zoned B1 west of the cemetery, the cemetery (zoned AG), the small buffer zoning of outlots north of the residential area, and the Knights of Columbus (zoned B1). See Figure 2.3. United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 8 Shenandoah Business Park/Minnesota Valley West Final Alternative Urban Areawide Review United Land LLC Shenandoah Business Park Opus Northwest, L.L.0 Minnesota Valley West FIGURE 2.1 Shakopee, Minnesota David Braslau Associates, Inc. FINAL ALTERNATIVE URBAN Project Location and Howard R. Green Company AREAWIDE REVIEW Surrounding Land Uses Peterson Environmental Consulting, Inc. United I fy 0 G 0 H (-4 u b L) �4 �-4 1.4 - al q 00 o uy as 72 P. �z V4 ER 5 7a is, P,4 I fy 0 G 0 H (-4 u b L) �4 �-4 1.4 - al q 00 o uy as 72 P. �z Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review 2.2. QUESTION 10: COVER TYPES Questton 10 of the Draft AUAR includes tables of site cover types by acres. The table below for Shenandoah Business Park has been revised to show the area of Stormwater detention ponds and road right -of -way. Shenandoah Business Park Before After Type 1- 8 wetlands 0 0 Wooded/Forest 0 0 Brush/Grassland 112.0 0 Cropland 0 0 Minnesota Vallev West 2.3. QUESTION 11: FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES Shenandoah Business Park In Question 11 of the Draft AUAR, it was stated that the database information provided by the DNR indicated that most of the threatened, endangered, and special concern species with the exception of loggerhead shrike were observed prior to 1951 or were species associated with the Minnesota River and its floodplain. In May 2001, following distribution of the Draft AUAR, Peterson Environmental Consulting, Inc. (PEC) conducted a survey of Shenandoah Busines Park to assess the presence or absence of loggerhead shrikes at the Shakopee AUAR site during May of 2001. A PEC biologist conducted a search of potential loggerhead shrike habitat for active nests and for adult birds by scanning power lines, barbed wire fences and other perches used by adult loggerhead shrikes during hunting forays. The habitat is generally unsuitable for breeding United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc_ Page 12 Before After Type 1- 8 wetlands 0 0 Wooded/Forest 0 0 Brush/Grassland 0 0 Cropland 0 0 Total area 112.0 112.0 2.3. QUESTION 11: FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES Shenandoah Business Park In Question 11 of the Draft AUAR, it was stated that the database information provided by the DNR indicated that most of the threatened, endangered, and special concern species with the exception of loggerhead shrike were observed prior to 1951 or were species associated with the Minnesota River and its floodplain. In May 2001, following distribution of the Draft AUAR, Peterson Environmental Consulting, Inc. (PEC) conducted a survey of Shenandoah Busines Park to assess the presence or absence of loggerhead shrikes at the Shakopee AUAR site during May of 2001. A PEC biologist conducted a search of potential loggerhead shrike habitat for active nests and for adult birds by scanning power lines, barbed wire fences and other perches used by adult loggerhead shrikes during hunting forays. The habitat is generally unsuitable for breeding United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc_ Page 12 Before After Lawn/Landscaping LawnALandscaping 0 30.1 Impervious surfaces 0 68.5 Road Right-of-Way 0 0.8 Stormwater Ponds 0 12.6 Total area 112.0 112.0 2.3. QUESTION 11: FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES Shenandoah Business Park In Question 11 of the Draft AUAR, it was stated that the database information provided by the DNR indicated that most of the threatened, endangered, and special concern species with the exception of loggerhead shrike were observed prior to 1951 or were species associated with the Minnesota River and its floodplain. In May 2001, following distribution of the Draft AUAR, Peterson Environmental Consulting, Inc. (PEC) conducted a survey of Shenandoah Busines Park to assess the presence or absence of loggerhead shrikes at the Shakopee AUAR site during May of 2001. A PEC biologist conducted a search of potential loggerhead shrike habitat for active nests and for adult birds by scanning power lines, barbed wire fences and other perches used by adult loggerhead shrikes during hunting forays. The habitat is generally unsuitable for breeding United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc_ Page 12 Before After Lawn/Landscaping Lawn/Landscaping 48.0 16.0 Impervious surfaces 18.0 50.0 Road Right-of-Way 1.9 1.9 Stormwater Ponds 7.1 7.1 Total area 75.0 75.0 2.3. QUESTION 11: FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES Shenandoah Business Park In Question 11 of the Draft AUAR, it was stated that the database information provided by the DNR indicated that most of the threatened, endangered, and special concern species with the exception of loggerhead shrike were observed prior to 1951 or were species associated with the Minnesota River and its floodplain. In May 2001, following distribution of the Draft AUAR, Peterson Environmental Consulting, Inc. (PEC) conducted a survey of Shenandoah Busines Park to assess the presence or absence of loggerhead shrikes at the Shakopee AUAR site during May of 2001. A PEC biologist conducted a search of potential loggerhead shrike habitat for active nests and for adult birds by scanning power lines, barbed wire fences and other perches used by adult loggerhead shrikes during hunting forays. The habitat is generally unsuitable for breeding United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc_ Page 12 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review loggerhead shrikes with the exception of the eastern half of the site. Several eastern red cedar trees were checked for active nests and special attention was paid to perches on this portion of the site. No loggerhead shrikes or active nests were observed during the survey. Minnesota Vallev West In Question 11 of the Draft AUAR, it was noted that no evidence of any threatened, endangered, or rare plant or wildlife species were identified prior to grading of the site subsequent to the completion of the previous EAW for the site. 2.4. QUESTION 19: GEOLOGIC HAZARDS AND SOIL CONDITIONS In Question 19 of the Draft AUAR it was noted that, on the Shenandoah Business Park Site, shallow bedrock coupled with overlying coarse textured sediment suggests the presence of shallow, perched water tables with a high potential for groundwater contamination. Water movement through the overlying coarse - textured sediments would be fast and the flow path to the restrictive bedrock layer is short. The following Best Management Practices (BMPs) are proposed for prevention of contamination of groundwater: 1. Construction of temporary sediment basins in the locations proposed for storm water ponding, and development of these basins for permanent use following construction. 2. For each stage of construction, erection of a silt fence installed at the construction limits prior to the initiation of earthwork and maintained until all exposed soil is stabilized. 3. Periodic cleaning of adjacent city streets. 4. Energy dissipation, such as riprap, installed at storm sewer outfalls. 5. Use of cover crops, sod, and landscaping to stabilize exposed surface soils after final grading. 6. Under stormwater ponds and in areas where enhanced infiltration practices are employed, a minimum of 2 feet of soil will be provided as required in the City of Shakopee Stormwater Management Plan, or alternatives including the use of a clay liner will be considered. The same BMPs will be used where appropriate on the Minnesota Valley West site for development of the approximately 32 additional acres of that site. 2.5. QUESTION 20: SOLID WASTES, HAZARDOUS WASTES, STORAGE TANKS Question 20 of the Draft AUAR indicated that the City of Shakopee has no recycling program or applicable recycling ordinance in place for businesses. However, Scott County has pointed out that the Scott County Solid Waste Ordinance (Section 8.01) requires haulers to provide recycling services to their customers. A copy of this section of the ordinance is included in Appendix A of this Final AUAR. Recycling of solid waste will be the responsibility of individual facilities on each of the project sites and will be coordinated through the chosen solid waste contractors.' United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 13 Shenandoah Business Park/Minnesota Valley West Final Alternative Urban Areawide Review 2.6. QUESTION 21: TRAFFIC Question 21 of the Draft AUAR indicated the potential for capacity constraints at the 4`b Avenue and CH 83 intersection following Phase 1 of the project in 2003 and on 4` Avenue by the year 2020. The conclusions from the traffic study related to these issues are noted below: • In 2003, the intersection of CH 83 / 4` Avenue is expected to operate at LOS F under the Phase 1 "build" scenario. However, the addition of an eastbound right turn lane would improve operations to LOS D. • When Shenandoah Business Park development reaches 20% of the total plan (assuming 100% build -out of Minnesota Valley West), the CH 83 / 4 Avenue intersection is estimated to operate at LOS E, suggesting that a traffic signal would be a reasonable mitigation strategy. However, a traffic signal should not be installed at this intersection unless left turn lanes are added to CH 83. In 2020 with full build -out of both developments, the intersection of CH 83 / 4` Avenue will likely require significant reconstruction, including the addition of turn lanes on CH 83 and 4 1 ' Avenue. • In 2020 with full build -out of both developments, 4 Avenue is not expected to meet transportation needs. Expansion to a three -lane urban section with additional lanes at major intersections appears to be a likely mitigation strategy. In response to these potential capacity problems, the Mitigation Plan (Appendix E of this Final AUAR), includes the following roadway improvements: Improvements required to support development - related impacts in 2003 will be implemented in conjunction with Phase I and be completed prior to occupancy of new buildings in 2003. • Addition of an eastbound right turn lane on 4th Avenue at the intersection of 4th Avenue with CH 83. • Installation of a traffic signal at the intersection of 4th Avenue with CH 83. • Addition of a northbound left turn lane on CH 83 at the intersection of CH 83 with 4th Avenue. • Addition of a southbound right turn lane on CH 83 at the intersection of CH 83 with 4th Avenue. Improvements required to support development - related impacts in 2020 will be implemented when the demand for these improvements are warranted which will likely occur before 2020. Improvement of 4` Avenue from CH 17 to CH 83 to a three -lane urban section with center turning lane. Responsibilities for funding these improvements are included in the Mitigation Plan. United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 14 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Potential traffic impacts associated with the Goemer property were not included in the Draft AUAR. These are discussed below. The driveway to the Goemer residence is located on 4 th Avenue over 400 feet from Shenandoah Drive. As noted on Page 47 and 52 of the Draft AUAR, the intersection of 4 th Avenue with Shenandoah Drive is expected to operate at an acceptable level of service in 2003 and in 2020. Therefore, the Goemer driveway is not likely to be blocked by westbound vehicles queuing at Shenandoah Drive. Based upon the current site layout as shown in Figure 53, there may be a driveway into Shenandoah Business Park immediately east of the Goemer property. However, access driveways to the Shenandoah Business Park may be combined to minimize potential curb cuts along 4th Avenue. As noted in the Draft AUAR, 4 Avenue between Shenandoah Drive and CH 83 is predicted to exceed its current two -lane daily capacity in 2020. It is anticipated that 4 th Avenue will have to be upgraded before 2020, possibly to a three -lane urban section. Until design of the roadway is completed, it cannot be determined what if any additional right -of -way will be needed. Moreover, appropriate environmental studies will have to be completed as part of the design process. The potential environmental impacts from the improvement of 4 th Avenue are not addressed in this AUAR. 2.7. QUESTION 24: DUST, ODORS AND NOISE Question 24 of the Draft AUAR identifies the potential for dust and noise associated with grading of both project sites and construction of buildings, drives, and parking areas. The potential from vibration from blasting of bedrock will also exist, although this will be limited to areas where blasting is required. The following measures to minimize noise and dust emissions from construction are identified in the Draft AUAR: All internal combustion motors will be fitted with mufflers and other noise control' equipment as specified by the manufacturer. ® Minnesota Rules 7005.0050 on the control of fugitive particulate matter from construction and hauling activities will be complied with so as to minimize adverse air quality impacts. Potential impacts from construction dust, noise and vibration and from traffic noise on Goemer property were not included in the Draft AUAR. These are addressed below. Project construction and operation Procedures to be followed to minimize noise and air quality impacts from construction are identified in Question 24 in the Draft AUAR. Individual buildings and associated parking will be constructed based upon market conditions and potential tenants. While construction will be carried out over a 10 -year development period, it will be done in discrete phases. Those construction phases immediately adjacent to the Goemer property will have the greatest potential United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 15 Shenandoah Business ParklMinnesota Vallev West Final Alternative Urban Areawide Review Project construction and operation Procedures to be followed to minimize noise and air quality impacts from construction are identified in Question 24 in the Draft AUAR. Individual buildings and associated parking will be constructed based upon market conditions and potential tenants. While construction will be carried out over a 10 -year development period, it will be done in discrete phases. Those construction phases immediately adjacent to the Goemer property will have the greatest potential for impact and will require well under 10 years for completion. Appropriate temporary screening will be provided as needed to minimize construction impacts on the Goemer property. Any graded area will be planted to minimize runoff and erosion on the site. Where needed, blasting will be performed so as to comply with Minnesota DNR guidelines on blasting as well as appropriate measures to minimize impacts and prevent any damage at adjacent properties, including the Goemer property. Traffic and truck noise As noted on Page 61 of the Draft AUAR, the Minnesota noise standards do not apply to roadways such as 4` Avenue. The current layout of Shenandoah Business Park as shown in Figure 5.3 of the Draft AUAR indicates an access roadway to one of the warehouse areas that passes approximately 75 feet north of the Goemer residence. Based upon data from previous studies, it is estimated that the sound level at the Goemer residence for one truck traveling at 10 mph along this roadway will exceed 65 dBA for 20 seconds and 55 dBA for 50 seconds . Thus, more than 18 trucks per hour at 20 seconds above 65 dBA will be needed to exceed the L10 65 dBA daytime limit (65 dBA for 10% of an hour or 360 seconds), and more than 7 trucks per hour at 50 seconds above 55 dBA will be needed to exceed the L10 55 dBA nighttime limit (55 dBA for 10% or an hour or 360 seconds). Until specific tenants in the nearby building are identified, it is not possible to make an accurate estimate of truck traffic along this access roadway. However, if hourly truck traffic causes exceedances of the Minnesota noise standards, then mitigation will be necessary. Potential mitigation measures include limits on the number of trucks per hour, a noise berm, or redesign of the roadway and building layout to move truck traffic away from the Goemer residence. A berm would probably have to extend the length of the Goemer property on the north, although the exact location and height of the berm cannot be determined without an accurate truck traffic estimate. 2.8. QUESTION 25: NEARBY RESOURCES Question 25 of the Draft AUAR identifies Murphy's Landing as a historic resource located north of TH 101 across from the proposed development. "Murphy's Landin is a living history village of the 1800s. More than forty period buildings that were once in danger of being destroyed, have been moved to the Landing's 88 acre site for their preservation and restoration, and the enjoyment and education of more than 40,000 visitor's a year." United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 16 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review In a letter from the State Historic Preservation Office (SHPO), which is included in Appendix B of the Draft AUAR, the following additional information was requested for the Shenandoah Business Park project: (1) A survey of the area be completed that will meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation that should include, an evaluation of National Register eligibility for any identified properties. An archeological survey for the Shenandoah Business Park has been prepared by Archaeological Research Services and is included in Appendix B of this Final AUAR. Findings and conclusions of the survey are summarized below. (2) The design of the project take into account effects of the historic district, both from a visual/ aesthetic standpoint, and from an operational (circulation, use, noise, etc.) standpoint. Shenandoah Business Park will be accessed from Shenandoah Drive and from 4t Avenue and will not provide any additional access to CH 101. Therefore, no impacts from traffic or traffic noise are anticipated. Truck activity on the site will occur south of the railroad tracks. Noise from trucks on the site will be well below that from trucks on CH 101, which is north of the Shenandoah Business Park and the intervening railroad tracks. Visual screening of the project will be provided as part of landscaping plans to be prepared for each parcel on the site prior to its development. (3) The requirements of the Minnesota Private Cemeteries Act be addressed because of the location of burials in the vicinity. These requirements are addressed in the archaeological survey which is included in Appendix B of this Final AUAR Summary of the Archaeological Survey of Shenandoah Business P ark The survey identified the following two sites in the vicinity of Shenandoah Business Park: 21 SC 22 (the Pond Mound Group), which is located entirely north of CH 101, in what is now referred to as Memorial Park, the eastern end of which lies directly north of the project area but is separated from it by the highway and the CSMO railroad grade. • 21 SC 24 (the Steele Mound Group) which is partially preserved north of CH 101 but also, to a large extent, was damaged or destroyed by the highway and, in the case of one mound, the construction of the CSMO railroad embankment. While the latter mound was recorded well east of the project area and it now seems well documented that the other mounds are /were located well to its north, there is no record of any previous efforts to identify other archaeological evidence south of the burial grounds, in what is now the Shenandoah Business Park project area. One precontact period Native American archaeological site was identified just within the northern edge of the project area, approximately 120 meters east of Shenandoah Drive. This evidence United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 17 Shenandoah Business ParklMinnesota Vallev West Final Alternative Urban Areawide Review included some cobble tools and a small scatter of Prairie du Chien chert flaking debris that appears to represent the southern edge of a lithic reduction (stone tool production) area and possibly also of a larger habitation site that continued towards the river but now has been partially or largely destroyed by highway and railroad construction. The site has been recorded as Shenandoah Park Similar evidence has been found on a number of archaeological sites', that are situated along the Minnesota and Mississippi Rivers and near local sources of Prairie du Chien chert. Some appear to have been just quarry and primary reduction sites; others are associated with evidence of seasonal habitation and other activities. None have as yet produced any ceramic evidence - a fact which suggests that they are early and predate the mound groups that also are found along these rivers. Conclusions and Recommendations This cultural resource survey did not identify any archaeological evidence that would appear to be associated with the two mound groups, the Mdewakanton village of Shakopee, the post -1850s community by the same name or activities at the historic Murphy's Landing. Rather, the Shenandoah Park evidence is very similar to the lithics found on a number of other archaeological sites that are situated along the Minnesota and Mississippi Rivers and near local sources of Prairie du Chien chert from the Shakopee and Oneota Dolomite Formations. Some appear to have been just quarry and primary reduction sites, while others are associated with evidence of seasonal habitation and other activities. None have as yet produced any ceramic evidence - a fact which suggests that they are early and predate the mound groups that also are found along these rivers. Until archaeological sites of this type have been better documented through formal excavation and intersite comparison, even a fairly small cultural deposit or a sizeable remnant of a larger, partially destroyed site is still likely to yield significant information, especially from a context like the Shenandoah Park site that has not been disturbed by cultivation. As the Shenandoah Business Park portion of this locality appears confined to a small area along the northern edge of the project area, it could probably easily be avoided and protected as a green space in the final development plan. Should this not be feasible, further study and more intensive testing would be needed in order to evaluate the significance of the site and determine whether or not it meets the criteria of eligibility for the National Register of Historic Places. 2.9. QUESTION 26: VISUAL IMPACTS The potential for lighting impacts on the Goemer property may occur from dock areas', or trucks, depending upon the location and orientation of these activities and whether or not there will be any nighttime activity at these locations. The current site plan shows a dock area approximately 150 feet north of the Goemer residence. Lighting of buildings and dock areas throughout the project will be based upon current design standards and will comply with provisions of the Shakopee zoning ordinance. regarding light levels on adjacent properties. Visual screening and landscaping will be provided, if needed, to minimize impacts on the Goemer property from truck lights as they depart the dock area if nighttime activities are expected at this location. Mitigation of truck lighting can be provided by berms if built to mitigate noise from trucks. Redesign of the roadway United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 18 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review and building layout to move truck traffic away from the Goemer residence can also minimize lighting impacts on the Goemer property. 2.10. QUESTION 29: CUMULATIVE IMPACT The Minnesota Department of Natural Resources has noted in their letter commenting on the Draft AUAR that "a full discussion of cumulative impacts of projects, including those in the surrounding area, is important to assure the discussion of significant environmental effects in the Draft AUAR is complete and not limited to those species and habitats that are already seriously and significantly affected. " The Draft AUAR has investigated the impacts of the two projects and their individual and cumulative impacts on the environment in the areas expected to be impacted by these projects. These projects combined with others in the region may have a significant overall impact on habitat. However, this loss of habitat is partially offset by the large areas along the Minnesota River that is permanently retained as wildlife habitat. As defined in the MEQB Environmental Review Rules, "cumulative impact" means the impact on the environment that results from incremental effects of the project in addition to other past, present, and reasonably foreseeable future projects regardless of what person undertakes the other projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. The cumulative impact of regional land use conversion from open space /agricultural land to developed space that has taken and is taking place in the metropolitan area is difficult to miti The two proposed office /warehouse projects are consistent with the light industrial classification of the Shakopee land use plan and zoning for the project sites. Individually, the proposed projects will include stormwater ponds, limited open space and landscaping. The City has chosen to mitigate the cumulative impacts of urbanization by placing goals and policies to protect and enhance wildlife habitat are included in several chapters of the City of Shakopee Comprehensive Plan (1999 update). Some of these are listed below. Section 1: Land Use and Staging This section includes as its first goal the identification and preservation of the City's natural resources. The objective and policies under this goal are presented below. Objective 1.1 Allow development in a pattern that minimizes the disruption of identified prime agricultural soils, wetlands, forests, groundwater and other natural resources. Policies: a. Development proposals that preserve existing wetland shall be preferred over proposals that create replacement wetlands. b. Protection of farmland will be promoted through the use of the Agricultural Preserves Act, which provides tax benefits and additional protection for areas identified for long -term agricultural use. United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 19 Shenandoah Business ParklMinnesota Vallev West Final Alternative Urban Areawide Review C. Provisions will be adopted on the siting, design, construction and maintenance of on -site sewage disposal systems that are consistent with the applicable requirements set forth in the Met Council's Water Resource Management, Part 1, Wastewater Treatment and Handling Policy Plan. d. The City will develop a forestry plan to identify significant resources for protection and promote practices that enhance the City's forests. e. The City will adopt a stormwater ordinance that addresses City -wide stormwater issues, including assessing the need for regional stormwater facilities and wetland preservation. L The city will continue development and maintenance of a geographic information system (GIS) to monitor development and identify important natural resources. Section H: Stormw Management Plan The goals and policies have been developed to preserve and use natural water storage and retention systems in order to: A, Limit public capital expenditures that re necessary to control excessive volumes] and rates of runoff B. Improve water quality. C. Prevent flooding and erosion from surface flows. D. Prevent ground water recharge. E. Protect and enhance fish and wildlife habitat and water recreational facilities. F. Secure the other benefits associated with the proper management of surface water. Construction of these two projects, along with other development in the City such as street and highway construction, residential development and commercial and industrial development, has already impacted or will impact the wildlife abundance in the City and surrounding areas. While mitigation of these impacts is difficult at a project level, it is anticipated that land use conversion following the goals and policies outlined above will minimize the cumulative impact of development on wildlife resources. United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 20 Shenandoah Business ParklMinnesota Vallev West Final Alternative Urban Areawide Review . • • The certification below must be SIGNED for Environmental Quality Board acceptance of the Final Alternative Urban Areawide Review for publication of notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • This Final AUAR describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this Final AUAR are being sent to the entire EQB distribution list. Signature Title Date y: \jobs\ 200091\ FinalAUAR\FinalAUAR- rev0809.doc United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Page 21 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Section 8.00 of Scott County Solid Waste Ordinance United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. 8.00 RECYCLING. The following provisions are applicable to the collection and transportation of mixed municipal solid waste (msw) generated in Scott County. 8.01 Recyclable Material Collection. The hauler must provide a service (either directly or through written subcontract with a person or company approved by the Department as a condition to the license) to collect four broad categories of recyclable materials and yard wastes from all single - family residential, and all multiple- family residential, commercial and industrial customers in Scott County. Paper and corrugated fiberboard must be collected from commercial, industrial and institutional customers when requested by the customer. Additional recyclable materials may be added to this by Resolution of the County Board after the effective date of this Section. All licensed haulers shall be given 120 days advance notice in writing of the proposed additional recyclable material(s) and shall be notified in writing 15 calendar days in advance of the time and date of the County Board meeting at which time a decision will be rendered. Notice shall be deemed given by mail via general delivery, to the mailing address identified on the most recent license application or renewal form on file in the Department. A. The hauler may specify the type of container their customer must place the recyclables in. The containers must be provided by the hauler or already available to a customer at the time this Ordinance provision becomes effective. B. The hauler must specify the time and day of collection that their customers are to place their recyclables out on their property for pickup. The hauler must collect the recyclables within 12 hours of the designated time. The collection location must be on the customer's property in a location at or near the regular solid waste collection site or such other location mutually agreeable to the hauler and the customer. C. The hauler may specify how a customer is to place their recyclables out for collection and how the recyclables are to be prepared. The County Environmental Health Manager reserves the right to review and modify the amount of preparation required by the hauler in consideration of local recyclable market requirements. D. The hauler must collect recyclables from each customer at least once a month unless normal solid waste collection service is provided less frequently than monthly, in which case the frequency of recyclable collection shall be the same as refuse collection. E. The hauler is assumed to own the recyclables they have collected and may market them as they see fit. However, a hauler may not dispose of any recyclables in or on the land, nor through incineration unless given prior written approval to do so by the Environmental Health Manager F. The hauler must submit an annual report to the Department, on or before January 31 of each year for the previous calendar year, identifying the weight in tons of all recyclables and all other disposable solid wastes collected from Scott County customers (if tonnage is unavailable for disposable solid waste, cubic yards shall be reported). The annual report must identify the weight of each type of recyclable collected. G. The hauler must demonstrate to the Department at the time of license application and at time of annual license renewal how they will provide both an incentive to their customers to reduce the amount of waste generated and an incentive to recycle the materials designated by the County Board. Examples of compliance with this provision include, but are not limited to, volume based collection fees and/or credit equal to the reduction in tip fee realized through removal of the amount a customer is recycling. H. Municipalities or Townships within Scott County that contract with haulers must contract only with a hauler who is licensed by Scott County. Contracts must also be consistent with the provisions in this Subsection. 8.02 Opportunity to Recycle. A. Single - family residential recycling. For all residential generators where the hauler contracts for services directly with the generator, the hauler shall provide to the generator the opportunity to recycle (as described in section 8.01 of this Ordinance). B. Multi - family residential recycling. The owner /manager of multi - family residential units shall offer recycling services to their tenants including a convenient location to store recycled material. C. Recycling Fee. No mixed municipal solid waste collector shall impose a greater fee on a resident who recycles than on a resident who does not recycle. 8.03 Anti- Scavenging Provision. Ownership of the separated recyclable materials set out by a customer for collection by the hauler shall be vested in the hauler servicing the Person who is recycling. It shall be unlawful and an offense against this Ordinance for any person other than the hauler or the owner, lessee, or occupant of a residential dwelling or commercial/industrial business, to pick up said separated recyclable materials set out for collection. Said person shall obtain written permission from the Department and from the hauler servicing the accounts where the recyclables are set out for collection. Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Report on Archaeological Survey for Proposed Shenandoah Business Park Archaeological Research Services United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. Prepared for: David Braslau Associates, Inc. 1313 5th Street S.E., Suite 322 Minneapolis, MN 55414 By: Christina Harrison, Principal Investigator Archaeological Research Services 1812 15th Avenue South Minneapolis, MN 55404 (612) 870 -9775 II SHPO File Number: 2001 -2004 Le is) y 4 ,y 1.0 INTRODUCTION /MANAGEMENT SUMMARY 1.1 Description of Project and ProjectArea .................... 1 1.2 Archaeological Review -- Summary of Results .............. 1 2.0 ENVIRONMENTAL AND HISTORIC CONTEXT 2.1 Environmental Setting ........... 9 2.2 Archaeological Contexts Applicable to Study Area ................... 11 3.0 SURVEY METHODOLOGY AND RESULTS 3.1 Results of Records and Literature Search: Cultural Resources Near ProjectArea ..................... 14 3.2 Field Investigation: Methodology and Results ..................... 16 4.0 CONCLUSIONS AND RECOMMENDATIONS ...... 18 5.0 REFERENCES ............................ 20 Appendix A: SHPO Correspondence Appendix B: Test Records FIGURES 1. General Location Map ................. 2 2. U.S. Geological Survey Quad .......... 3 3. Project Location and Surrounding LandUses ............................ 4 4. Plat Map of Shenandoah Business Park ProjectArea ......................... 5 5. Proposed Site Plan for Shenandoah BusinessPark ........................ 6 6. Aerial View of Shenandoah Business Park Project Area ..................... 7 1.0 INTRODUCTION /MANAGEMENT SUMMARY 1.1 Description of Project and Project Area United Land LLC is planning to develop an 112 -acre parcel as the Shenandoah Business Park (SBP) in the City of Shakopee, Scott County, Minnesota. Asked to comment, the State Historic Preservation Office (SHPO) recommended an archaeological survey of the area as well as consultation with the Office of the State Archaeologist (OSA) regarding the close proximity of the project area to two recorded Native American cemetery sites (Appendix A). The setting and character of the SBP project area is shown in Figures 1 to 4. It falls within the northern half of Section 5, T115N, R22W (Eagle Creek Township). The site is bordered on the north by the Chicago -St. Paul - Minneapolis -Omaha (CSMO) Railroad (in NE /4 and NE /4 NW /4 Section 5) and by undeveloped land under different ownership (in SW /4 NW /4 Section 5). The western edge abuts the same undeveloped land as well as a stretch of gravel road, and the southern edge follows Fourth Avenue (old County Road 82). To the immediate east are two parcels that already have been developed for industrial use. The land within the project boundaries is bisected by Shenandoah Drive (a curving, paved two -lane street) but is otherwise undeveloped. Only the southeast and southwest corners of the property have been cultivated. The rest of the land has remained non - agricultural due to shallow bedrock formation and supports a vegetation cover of pasture grasses, various forb species, fairly dense clusters of prickly ash, hawthorn and juniper as well as scattered mature oak and elm trees (Figure 6). The parcel is quite level, with elevations ranging between 752 feet in the southwest to 732 feet in the north. There' are no wetlands. Preliminary development plans propose the constructiuon' of ten office /warehouse complexes with access roads and parking facilities (Figure 5). The SBP parcel is one of two areas that presently are being studied through the same Alternative Urban Areawide Review (AUAR) process. The other parcel -- Minnesota Valley West, developed by Opus Northwest L.L.C. -- was reviewed for cultural resources in 1997, with negative results (Appendix A). 1.2 Archaeological Review -- Summary of Results During May of 2001, David Braslau Associates, Inc., as preparer of the GUAR, retained Archaeological Research Services (ARS) to conduct the recommended archaeological survey and the consultation with OSA. -2- / 2 w 2 3 2 2 _ % 2 � 2 � k Q a Z �±( � tea/ /2 � ® ■ Q@ k\ � / § O / a k �2 UU §ke = Z 2S/ a 2 cd ZD .2 0 _0 vi O ti co 7:3 O a CA o UUU vi r- 15 E 7E > 0 ox 0 Shenandoah Business Park/Minnesota V alley West -4- Alternative Urban Areawide Review United Land LLC Shenandoah Business Park I FIGURE 3 Opus Northwest, L.L.0 I Minnesota Valley West Shakopee, Minnesota David Braslau Associates, Inc. Howard R. Green Company Peterson Environmental Consulting, Inc. United Land LLC /Opus Northwest, L.L.C. ALTERNATIVE URBAN AREAWIDE REVIEW Project Location and Surrounding Land Uses a o 1 - t:n r.°eyc+O At - . 1 -- — -- is ' 900 L . tN3rv35r3 . U 3a /u ✓: a+ ].0 ,ur. tm ,o rn tsa. --� ttvtn •oE .._ 1 : ';Laic £ :OLU - 'ON --0O S3SOdtl'1 S Na s O35r_ MOM Onarid bo! 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The results of past studies indicate that: . 21 SC 22 (the Pond Mound Group), is located entirely north of T.H.101, in what is now referred to as Memorial Park, the eastern end of which lies directly north of the project area but is separated from it by the highway and the CSMO railroad grade. 21 SC 24 (the Steele Mound Group) is partially preserved north of T.H. 101 but also, to a large extent, was damaged or destroyed by the highway and, in the case of one mound, the construction of the CSMO railroad embankment. While the latter mound was recorded well east of the project area and it now seems well documented that the other mounds 'are /were located well to its north, there is no record of any previous efforts to identify other archaeological evidence south of the burial grounds, in what is now the SBP project area. On May 29, 2001, Harrison also sent information about the project to James Warren, Cultural Resources Director for the Shakopee Mdewakanton Dakota Community (SMDC), asking for comments regarding any concerns the SMDC may have about the project area. As of July 23, 2001, ARS had not received a response. Although the SHPO comment letter regarding the SBP parcel does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800 (procedures of the ,Advisory Council on Historic Preservation for the protection of historic properties), the letter states that the recommended archaeological survey must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation. Following a records and literature search that included 'a review of SHPO files for the general project area, ARS staff completed the field investigation during the months of June and early July. It involved visual inspection of numerous subsoil exposures that had been caused by bioturbation, deep ruts made by four -wheel drive vehicles_ and, in the southwest and southeast, by cultivation. The northern portion of the area, considered to have higher archaeological potential due to its proximity to the Minnesota River as well as 21 SC 22 and 24, was also subjected to systematic shovel testing. The results of ARS investigations are discussed below in Section 2.0 Environmental and Cultural Context and in Section 3.0: Survey Methodology and Results. One precontact period Native American archaeological site was identified just within the northern edge of the project area, approximately 120 meters east of Shenandoah Drive: some cobble mom tools and a small scatter of Prairie du Chien chert flaking debris that appears to represent the southern edge of a lithic reduction (stone tool production) area and possibly also of a larger habitation site that continued towards the river' but now has been partially or largely destroyed by highway and railroad construction. The site has been recorded as Shenandoah Park. Similar evidence has been found on a number of archaeological sites that are situated along the Minnesota and Mississippi Rivers and near local sources of Prairie du Chien chert. Some appear to have been just quarry and primary reduction sites, others are associated with evidence of seasonal habitation and other activities. None have as yet produced any ceramic evidence -- a fact which suggests that they are early and predate the mound groups that also are found along these rivers. As the Shenandoah Park evidence appears confined to a small area along the northern edge of the SBP parcel, it could 'probably easily be avoided and protected as a green space in the final development plan. Should this not be feasible, further study and more intensive testing would be needed in order to evaluate the significance of the site and determine whether or not it meets National Register criteria of eligibility (Appendix A). Unless the property owner decides to keep the evidence, it will be curated at the Minnesota Historical Society. 2.0 ENVIRONMENTAL AND HISTORIC CONTEXT 2.1 Environmental Setting The SBP project is located within the Minnesota River valley at a point where the latter cuts through the rolling uplands of the Prior Lake Moraine -- distinctly different landscapes who still both owe their character to the advancing and receeding' of the Des Moines Lobe during the Late Wisconsin glaciation (approximately 18,000 to 13,000 B.P.). The massive valley -- once carved by Glacial River Warren but now an oversized basin for the Minnesota River -- encompasses the Minnesota Valley Outwash Area: frequently flooded bottomlands, marsh, several lakes and the winding river flanked by intermediate terraces. The latter feature fairly shallow deposits of silt loam or sandy loam over sand and gravel deposits or structural benches of bedrock (AES 1973; Wright 1972:564 and 572). The uplands that flank the valley beyond the steep bluffs are characterized by irregular loam mantled moraines and numerous ice disintegration features. Embedded within the glacial till, deposits are cobbles of lithic raw materials that are suitable' for the manufacturing of stone tools. Good quality materials, primarily -10- cherts from the Prairie du Chien formation, have also been exposed along the major tributary river valleys and ravines that dissect the bluff lands. At the time of the original land survey, i.e. prior to more extensive impact by Euroamerican settlement, most of the uplands supported "Big Woods" hardwood forests (dominated by oak, elm, basswood, ash and maple) and stands of aspen /oak as well as oak barrens (Marschner 1974). In the vicinity of the river, south - facing river bluffs and other exposed uplands were covered by open prairie. Down in the main valley, river bottom forest (primarily elm, ash, cottonwood, boxelder, basswood, maple, willow and hackberry) alternated with wet prairie, marsh and slough grasslands. Easy access to a range of habitats would have provided early inhabitants with a rich variety of plant and animal resources. At the time of Euroamerican settlement, the forest areas supported species such as white - tailed deer, cottontail rabbit, woodchuck, raccoon and bear. The prairie and prairie /woodland border would have sustained large mammals such as bison and elk, as well as numerous small species. The rivers, lakes, sloughs, and marshes contained muskrat and beaver, numerous types of waterfowl, and many species of fish and turtle ( Anfinson 1990). Reaching farther back in time, pollen cores and macrobotanic evidence attest to quite dramatic changes in the regional environment throughout the postglacial period: A periglacial parkland of spruce and larch followed the retreat of the Wisconsin glaciers and the tundra vegetation associated with their margins. By 11,500 B.P., rapid climatic change had caused the spruce to be succeeded by pine forest (by approximately 10,000 B.P.) and then by a deciduous forest composed primarily of oak and elm. • A warming and drying trend, which characterized the early to middle Holocene, peaked at 7000 to 6000 B.P., causing the prairie and its transitional prairie- woodland margin to expand some 75 miles north and east of their normal limits. Linked with these climatic warming trends were an increase in the frequency of prairie fires and a marked decline of the water table which causied many small lakes to dry up completely (Wright 1972b, 1974; Anfinson and Wright 1990). However, pollen cores from across the river, in Hennepin County, suggest that woodlands in this area actually prevailed throughout the Holocene (Grimm 1983). This is perhaps best explained by local infrequency of fire due to a rolling topography with numerous deep lakes which would have retained water even during the middle Holocene and therefore, along with many rivers, would have acted as natural firebreaks. now -For subsequent periods, pollen data indicate a balanced mixture of woodland and prairie from 6330 to 3810 B.P., followed by oak - dominated woodlands from 3810 to 280 B.P. The onset of cooler and wetter climatic conditions encouraged the development of the Big Woods from 280 B.P to the beginning of Euroamerican settlement. 2.2 Archaeological Contexts Applicable to Study Area The following summary is based on research contexts developed by SHPO as well as on background data compiled for previous cultural resource investigations in Scott, Carver and southwestern Hennepin Counties as recently summarized in a study of the Flying Cloud Airport across the river from the study area (Harrison 1999x). That information, in turn, was culled from a variety of sources including the Minnesota Historical Society reference library, local historical societies, and the survey and inventory files maintained by the State Historic Preservation Office and the Office of the State Archaeologist. 2.2.1 Precontact Period The Paleoindian Tradition (ca. 12,000 to 7,000 B.P.) provides the earliest known evidence for human settlement in the Upper Midwest. Following the retreating glaciers into previously inaccessible areas, the Paleoindians were nomadic hunters that preyed on big game such as the now extinct giant bison and mastodon, but also took advantage of available small game and wild plant resources. Like historically known nomads, they are believed to have traveled in small, kinship based groups. Within this longlasting tradition, temporal and geographic variations have been defined largely on the basis of technological criteria, primarily the morphological changes in such diagnostic artifacts as large, well made lanceolate projectile points. Lanceolate points, primarily Late Paleoindian varieties such as Dalton and Agate Basin but also a few earlier fluted points (Clovis and Folsom) have reportedly been found in Hennepin and and Carver Counties. Like the majority of known Paleoindian sites in Minnesota, they were all either isolated surface finds or parts of disturbed lithic scatters. The Archaic Tradition (ca. 7,000 to 3,000 B.P.) represents a continuation of seasonally patterned, seminomadic hunting and gathering but now focussed on a wider range of resources made available by a milder climate and an increasingly rich and varied environment. The archaeological record indicates a marked tendency towards regional variation in tool technology and other aspects of material culture -- changes linked to greater utilization of local, often more marginal resources. Diagnostic artifacts include large stemmed and side - notched projectile points and a variety of ground stone tools. A distinctive aspect of the Eastern' Archaic -12- (Lake- Forest) Tradition in the Upper Midwest is the intensive use of native copper. Archaic projectile points are known from various private collections in Hennepin and Carver Counties. Burials associated with such points have been reported in Carver County. Archaic evidence has also been found in excavated and surface collected site contexts along or close to the Minnesota River valley. Copper points have been found north of the valley. In addition to these diagnostic finds, many of the aceramic artifact scatters found throughout the western metro region can be presumed to be preceramic, i.e. Archaic (or possibly even Paleoindian). With the Woodland Tradition (ca 3,000 to 250 B.P.) began the construction of earthen mounds -- usually for burial purposes -- and the use of ceramic vessels. Economic patterns established during the Archaic Tradition are thought to have continued largely unchanged until new subsistence practices emerged with the introduction of horticulture (primarily along the major river valleys in the south) and the increasing reliance of wild rice exploitation in the north. The use of the bow and arrow was another significant technological breakthrough associated with the development of smaller types of corner- and side - notched projectile points. While an Early Woodland stage is evident in many parts of the Upper Midwest, the earliest Woodland sites in Minnesota compare more closely with what elsewhere is known as the Middle Woodland stage. Middle and Late Woodland sites are common throughout central Minnesota. Mounds -- found singly or in groups -- were constructed on heights of land overlooking many of the larger lakes and most of the major rivers, including the lower reaches of their tributaries. A majority of them were mapped in the late 1800s (Winchell 1911). Many are associated with large habitation sites. Smaller camps and special activity sites associated with resource procurement are also common and often found at a considerable distance from the major waterways and habitation centers. Again, however, they are usually found in association with some water feature. Numerous large mound groups have been recorded along the bluffs and intermediate terraces of the Minnesota River as well as the shores of most larger lakes in the metro region. Like a' majority of Middle and Late Woodland sites in central Minnesota, those of the metro region feature ceramics that are particularly distinctive for -- and often named after -- major archaeological localities in the Mille Lacs area or along the St. Croix River drainage and nearby segments of the Mississippi River valley. In addition to the mound groups, a number of Woodland period habitation sites have also been identified along the Minnesota River and its tributaries as well as most of the area lakes. -13- The Mississippian Tradition (approximately 650 to 250 B.P.) introduced cultural influences from the central and southern Mississippi region to the Upper Midwest. Local expressions of this tradition are reflected in archaeological evidence from major burial and habitation sites along the Minnesota Diver and its confluence with the Mississippi. Numerous new traits -- intensification of the agricultural subsistence base, different kinds of ceramics, morphological changes in projectile points and other tool types, new methods of house and mound construction -- all reflect a fundamental shift in resource procurement, in trade and other forms of exchange patterns, as well as in the emergence of an increasingly complex and stratified social structure'. In spite of the documented presence of Oneota sites further up the Minnesota River, no Mississippian sites have as yet been identified in the immediate vicinity of the study area. 2.2.2 Contact and Post Contact Periods (1650 - 1837; 1837- 1940s) Following nearly two centuries of fairly frequent contact between Dakota Indian groups and European or Euroamerican- traders, explorers and missionaries, interaction intensified, particularly along the Minnesota and Mississippi Rivers, after the establishment of the military post at Fort Snelling during the early 1820s. During the early decades of Native American /Euroamerican' contact, Eastern Dakota camps were still common throughout the area, most of them associated with waterways and well established overland trails that still crisscrossed the area (Trygg 1969).' Several larger Dakota settlements were located along the Minnesota River, among them the Mdewakanton villages of Shakopee, in the immediate vicinity of the project area, and Eagle Creek somewhat to the east. As a major waterway, the Minnesota River valley with adjacent uplands also attracted some of the earliest Euroamerican settlements in the state and systematic filing of claims began immediately after the Mendota and Traverse des Sioux Treaties of 1851, stimulated, at first, by the availability of good farmland and the economic value of local timber and then by the rapid growth of the metro region with its diverse work opportunities. In 1847, a mission was established at Shakopee by Samuel Pond. Four years later, Thomas Holmes built a trading post nearby and also platted the townsite of Shakopee in Section 6.', A short distance to the east, Richard Murphy settled in Section '5 where, within a few years, he had established an inn, a ferry service and a wharf for steamboats (Roberts 1993). While steam boat traffic continued to be commercially important, aided by channel improvements made by the U.S. Army Corps of Engineers, the construction of several railroads was a major -14- impetus to farming in the township of Eagle Creek and surrounding areas. With easier access to new markets, the growing of cash crops began to replace subsistence -level farming -- at first with a focus on wheat, then on a more diverse range of crops as well as dairy farming and the raising of livestock. The Minnesota Valley Railroad was built along the south side of the river, reaching Shakopee in 1855. Later bought out, it continued as the CSMO Railroad along the line that now abuts the northern boundary of the SBP project area. Early applications of historic archaeology in this region tended to focus on United States military history and the study of forts and agencies. In recent years, archaeological studies have contributed significantly to the interpretation and documentation of contact period American Indian habitations, early Euroamerican homesteads and sites of commerce, and, in the metro area,, on major sites of 18th century industrial development. Among historic research contexts developed for the general study area, the following are likely to be further clarified by a combination of archaeological and archival research: Eastern Dakota 1650 -1837; French, British and Initial United States Presence before 1837; Early Agriculture and River Settlement 1840 -1870; and ;Railroads and Agricultural Development 1870 -1940. 3.0 SURVEY METHODOLOGY AND RESULTS 3.1 Results of Records and Literature Search: Cultural Resources Near Project Area Field work was preceded by a records and literature search that included a review of the SHPO files for the general project area as well as earlier survey reports for relevant portions of Scott and Hennepin Counties and various literary references to the early history of the Shakopee area. Christina Harrison, as principal investigator, also personally reviewed the OSA files for the two Native American cemetery sites that are located due northwest /north /northeast of the SBP 'project. Near the City of Shakopee, burial mounds, mostly in larger groups, have been recorded on the bluffs north of the Minnesota River ( 21 HE 20, 21, 24 and 104) as well as on the intermediate terrace to its immediate south (21 SC 22 and 24). The latter two were mentioned briefly in Section 1.0 and will be discussed again below as both are in close proximity to the SBP project area. While a number of smaller non - burial sites have been identified on lakes and along smaller streams away from the main river, both in Hennepin and Scott Counties (Lyon et al. 2000; Harrison, 1994 and 1999), little is known about such precontact period use of the terraces immediately along the main river. =Ws There are several historic descriptions of the Mdewakanton village of Shakopee (the Six) but none are detailed enough to identify precisely where it was located. Keatings narrative of the 1823 Stephen Long expedition up the St. Peter (Minnesota) River, as well as Long's own journal, place the village on the northern side of the river (Kane et al. 1978:157; Keating 1824 [1959]:342). The village was later moved to a location within present -day Shakopee (Babcock 1945; Pond 1908 [1986]: 12). If any traces have survived the last 150 years of urban and industrial development, they may cover a fairly large area. Although Long's 1823 description of Shakopee's village refers to the earlier location north of the river, it may well be a fairly accurate description also of the later version: " -- and arrived at the village of -the Six, situated on the north side. It was now vacated, its inhabitants having recently gone on a hunting expedition. During this delay, we had an opportunity of visiting the Indn. corn fields, which were extensive, as also several scaffolds erected for the use of the dead.... The village consisted of 14 large wigwams constructed of bark and poles, each large enough to accomodate from 30 to 50 inhabitants (Kane et al. 1978:157). Due north of the SBP project area is Murphy's Landing, a portion of which is listed on the National Register of Historic Places as the Shakopee Historic District. Murphy's Landing also encompasses a portion of 21 SC 24, the Steele Mound Group. According to the OSA files for the two mound groups, results of past studies indicate that: • 21 SC 22 (the Pond Mound Group), is located entirely north of T.H.101, in what is now referred to as Memorial Park, the eastern end of which lies directly north of the project area but is separated from it by the highway and the CSMO railroad grade. • 21 SC 24 (the Steele Mound Group) is partially preserved north of TH 101 but also, to a large extent, has been damaged or destroyed by the highway and, in the case of one mound, the construction of the CSMO railroad embankment. The 21 SC 24 group, originally, as recorded by T.H. Lewis, an elongated cluster of 111 mounds, was remapped in 1984 by Les Peterson, State Highway Archaeologist. Rescaled by Peterson from T.H. Lewis field notes (Lewis 1885) , the map was used to identify surviving mounds as well as the locations of partially or completely destroyed ones -- locations then tied in to existing structures north of T.H.101 and to Milepost 26 along the CSMO railroad. Peterson's reconstruction was later verified by Grant Goltz, soils consultant, in connection with a 1993 cultural resource survey for a Minnesota Department of Natural Resources -16- trail development at Murphy's Landing and Memorial Park (Goltz 1993). These reconstructions indicate that all but one of the Steele Mounds are /were located either within or north of the ',T.H. 101 corridor. Only Mound 35 was far enough to the south to fall within the CSMO corridor where it appears to have partially obliterated by the railroad embankment. According to Peterson's map, Mound 35 is located approximately 700 feet /210 meters east of the railroads 26 -mile post which also places it roughly 250 feet /75 meters east of the northeastern corner of the project area. While it seemed well documented that all the mounds 'are /were located well to the northwest /north /northeast of the SBP' project, the record search did not indicate that any previous efforts had been made to identify other archaeological evidence south of the burial grounds and the highway and railroad corridors. 3.2 Field Investigation: Methodology and Results The field investigation was completed during the months' of June and early July. The northern third of the study area was considered to have the highest archaeological potential due to its proximity to the Minnesota River and the two mound groups. Within approximately a hundred meters of the railroad corridor, visual inspection was conducted along transects spaced at five -meter intervals which allowed for very complete coverage of numerous subsoil exposures that had been caused by bioturbation and by deep ruts' made by four -wheel drive vehicles and ail- terrain motorcycles. Although existing subsoil exposure seemed very adequate and more than equal to what would be provided by standard shovel testing, ARS staff still placed a series of such tests parallel to and 5 to 15 meters south of the southern edge of the railroad corridor, in part to gain a better understanding of soil conditions, depth to bedrock and the degree of disturbance caused by bioturbation and other factors. Tests measured 35 -40 cm in diameter and were taken down, by 10 cm increments, into sterile mineral soil (glacial alluvium)', or, most commonly, bedrock. Soil profiles were noted prior to backfilling. Selected test records can be found in Appendix B. One precontact period Native American archaeological site was identified just within the northern edge of the project area, approximately 120 meters east of Shenandoah Drive: a hammerstone, a small scatter of Prairie du Chien chert flaking debris and a fire - damaged granite cobble. The evidence appears to represent the southern edge of a lithic reduction (stone tool production) area and possibly also of a larger habitation site that continued -17- towards the river but now has been partially or largely destroyed by highway and railroad construction. The site has been recorded as Shenandoah Park. The find area is very limited in size. Shovel Test (ST) 17 in the original series and three out four supplementary tests placed to either side produced the following evidence (cmbs = centimeters below surface): ST 17 (120 m due east of the center of Shenandoah Drive and 15 m south of northern property line) 10 -20 cmbs 6 primary flakes grey, variegated, slightly oolitic Prairie du Chien (PDC) chert -- three primary and three secondary decortication flakes, all but two with distinct striking platforms and bulbs of percussion secondary flake same material; smaller, again with distinct bulb & platform ST 17 W :1 (2.5 m west of ST 17) 5 -15 cmbs graver secondary decortication flake of dark grey oolitic PDC chert -- burinated along lateral edges to form sharp, 8 mm wide chisel -like point that appears slightly damaged from use; 45/30/14 mm in maximum length/ width /thickness core & primary flke split cobble of greyish white orthoquartzite -like PDC chert; fracture features a secondary flake scar; small primary decortication flake of same material ST 17 W:2 (5 m west of ST 17) 5 -15 cmbs primary flake unidentified dull- textured, grey chert hammerstone granitic river cobble with good "grip" and deep percussion scars on base; ca. 80x40 mm at base and 50 mm tall afflZ ST 17 E:1 decortic. shatter greyish brown orthoquartzite fire - cracked rock granite cobble remnant', with partially friable exterior Along the original test transect, results had been negative west and east of ST 17 W:2 - ST 17 E:1. Shovel tests placed 'five and ten meters south of this series also proved negative. North of it, a dense- stand of large junipers prevented meaningful testing due to dense roots but a few bioturbated areas west and north of the stand yielded a scatter of cracked, very flawed dolomite fragments, probably discarded during the initial search for useable PDC chert. This would suggest that the lithic reduction area continues towards the north and into the CSMO railroad corridor. Soil profiles in the find area are very typical of the northern portion of the project area, with quite shallow deposits of Copaston series loam over bedrock. The soils are mixed with varying amounts of rounded cobble to pebble size glacial . outwash debris and gravel as well as, in the lower levels, numerous fragments of decomposing dolomite (Appendix B). Once results had proven largely negative in the northern portion of the project area and the vicinity of the archaeological and historic sites along the Minnesota River, the central and 'southern portions were deemed to have even lower cultural potential. The area was still walked at 15 meter intervals but survey coverage was limited to visual inspection. Subsoil disturbances were still more than adequate to indicate whether buried archaeological evidence might be present -- bioturbation, vehicle tracks', and, in the southwest, new hay in the southeast. Again, results were negative. 4.0 CONCLUSIONS AND RECOMMENDATIONS This cultural resource survey did not identify any archaeological evidence that would appear associated either with the two mound groups, the Mdewakanton village of Shakopee, the post -1850s community by the same name or activities at the historic Murphy's Landing. Rather, the Shenandoah Park evidence is very similar' to the lithics found on a number of other archaeological sites that are situated along the Minnesota and Mississippi Rivers and near local sources of Prairie du Chien chert from the Shakopee and Oneota Dolomite Formations (Bakken 1992; Ojakangas and Matsch', 1982:63 ff.) Some appear to have been just quarry and primary reduction sites, while others are associated with evidence of ',seasonal MWOM habitation and other activities (Harrison 1997, 1999b, 19999c and 2000; Roetzel and Strachan 1992;). None have as yet produced any ceramic evidence -- a fact which suggests that they are early and predate the mound groups that also are found along these rivers. Until archaeological sites of this type have been better documented through formal excavation and intersite comparison, even a fairly small cultural deposit or a sizeable remnant of a larger, partially destroyed site is still likely to yield significant information, especially from a context like the Shenandoah Park site that has not been disturbed by cultivation. As the SBP portion of this locality appears confined to a small area along the northern edge of the project area, it could probably easily be avoided and protected as a green space in the final development plan. Should this not be feasible, further study and more intensive testing would be needed in order to ,evaluate the significance of the site and determine whether or not it meets the criteria of eligibility for the National Register of Historic Places. -20- 5.0 REFERENCES Agricultural Experiment Station (AES), University of Minnesota 1973 Minnesota Soil Atlas: St. Paul Sheet. AES Miscellaneous Reports 120. St. Paul, Minnesota. Anfinson, S. F. 1990 Archaeological Regions in Minnesota and the Woodland Period. In The Woodland Tradition in the Western Great Lakes: Papers presented to Elden Johnson, edited, by G. Gibbon, pp. 135 -166. University of Minnesota Publications in Anthropology Number 4, Minneapolis. Anfinson, S. F. and H. E. Wright, Jr. 1990 Climatic Changes and Culture in Prehistoric Minnesota. In The Woodland Tradition in the Western Great Lakes: Papers presented to Elden Johnson, edited by G. Gibbon, pp. 213 -232. University of Minnesota Publications in Anthropology Number 4, Minneapolis, Minnesota. Bakken, K. 1992 Lithic Raw Material Resources in Minnesota. Paper presented at a workshop on lithic raw materials, held at the Institute for Minnesota Archaeology, Minneapolis, Minnesota. Grimm, E. 1983 Chronology and Dynamics of Vegetation Change in the Prairie - Woodland Region of Southern Minnesota, U.S.A. New Phytologist 93:311 -350. Harrison, C. 1997 Report on Cultural Resource Reconnaissance Survey Within Proposed UNIMIN Corporation Mining Site (Hayes Mine), Le Sueur County, Minnesota. Minnesota. Archaeological Research Services, Minneapolis, Minnesota. 1999a Expansion of Flying Cloud Airport: Review of Cultural Resources. Archaeological Research Services and 'Hess Roise and Company, Minneapolis, Minnesota. 1999b Report on Cultural Resource Reconnaissance /Intensive Survey Conducted for Proposed County Road 45 Bridge Replacement /Roadway Realignment, Goodhue County, Minnesota. Archaeological Research Services, Minneapolis, Minnesota. 1999c Report on Data Recovery at 21 LE 59 -- The Hayes Site, Le Sueur County, Minnesota. Archaeological Research Services, Minneapolis, Minnesota. -21- Harrison, C. (cont'd) 2000 Report on Phase II Archaeological Investigations' Conducted at the "Jewel Golf Course Terrace" and "Jewel South" Sites, Lake City, Wabasha County, Minnesota. Archaeological Research Services, Minneapolis, Minnesota. Lyon, M., N. Donaldson and A. Schmidt 2000 Phase I Archaeological Survey for the Shakopee Mdewakanton Dakota Community, Scott County, Minnesota. The 106 Group Ltd., St. Paul, Minnesota. Kane, L.M., J.D. Holmquist and C. Gilman (editors) 1978 The Northern Expeditions of Stephen H. Long: The Journals of 1817 and 1823 and Related Documents.', Minnesota Historical Society Press, St. Paul. Keating, W.H. 1824 Narrative of an Expedition to the Source of the St. Peter's River. Reprinted in 1959 by Ross and Haines, Minneapolis, Minnesota. Marschner, F. 1974 The Original Vegetation of Minnesota: Compiled from U.S. General Land Office Survey Notes. North Central Forest Experiment Station. St. Paul, Minnesota. (Map reprinted from original published in 1930.) Ojakangas R.W. and C.L. Matsch 1982 Minnesota's Geology. Minneapolis. University of Minnesota Press, Pond, S. 1908 The Dakota or Sioux As reissued in 1986 Anderson. Minnesota St. Paul. in Minnesota As They Were in 1834. with an introduction by Gary C. Historical Society Press, Roberts, N. 1993 A Lower Minnesota River Valley Cultural Resource Study and Interpretive Plan for the Minnesota Valley Trail. Historical Research, Inc., St. Paul, Minnesota. Roetzel, K.A. and R.A. Strachan 1992 A Phase III Mitigation of an Archaeological Site Within the Proposed Wastewater Treatment Facility at Le Sueur, Le Sueur County, Minnesota. Impact services, Inc., Mankato, Minnesota. Trygg, J.W. 1969 Composite Map of United States Land Surveyor's Original Plats and Field Notes. Minnesota Series, Sheet 7,. J.W. Trygg, Ely, Minnesota. -22- Winchell, N.H. 1911 The Aborigines of Minnesota. Minnesota Historical Society, St. Paul, Minnesota. Wright, H.E. Jr. 1972a Physiography of Minnesota. In Geology of Minnesota: A Centennial Volume, edited by P.K. Sims and G.B. 'Morey, pp. 559 -580. Minnesota Geological Survey, St. Paul, Minnesota. 1972b Quaternary History of Minnesota. In Geology of Minnesota: A Centennial Volume, edited by P.K. Sims and G.B. Morey, pp. 515 -547. Minnesota Geological Survey, St. Paul, Minnesota. 1974 The Environment of Early Man in the Great Lakes 'Region. In Aspects of Upper Great Lakes Anthropology: Papers in Honor of Lloyd A. Wilford, edited by E. Johnson, pp. 8 -14. Minnesota Prehistoric Archaeology Series Number 11. Minnesota Historical Society, St. Paul, Minnesota. r SHPO Correspondence 1II\ \F.SOT" HIST011W \I. SOCIET) STATE HISTORIC PRESERVATION OFFICE April 30, 2001 Mr. David Braslau David Braslau Associates, Inc. 1313 5 Street SE, Suite 322 Minneapolis, MN 55414 RE: AUAR —Shenandoah Business Park T115 R22 S5, Shakopee, Scott County SHPO Number: 2001 -2004 Dear Mr_ Braslau: Thank you for consulting with our office during the planning phase for the above referenced project. This property is located across the highway from Murphy's Landing, a portion of which is listed on the National Register of Historic Places as the Shakopee Historic District_ The area north of the highway also includes archaeological properties and burial areas. Therefore, we recommend the following: 1.We believe that there is a good probability that unreported archaeological properties maybe present in the Shenandoah project area. Therefore, we recommend that a survey of the area be completed. The survey must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation, and should include an evaluation of National Register eligibility for any properties that are identified. For your information, we have enclosed a list of consultants who have expressed an interest in undertaking such surveys. 2. The design of the project should take into account effects on the historic district, both from a visual /aesthetic standpoint, and from an operational (circulation, use, noise, etc.) standpoint. 3. Because of the location of burials in the vicinity, the requirements of the Minnesota Private Cemeteries Act should be addressed. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties_ If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. If you have any questions on our review of this project, please contact me at (651) 296 -5462. Sincerely, Dennis A. Gimmestad Government Programs and Compliance Officer Enclosure: List of Consultants cc: Mark Dudzik, OSA Jim Jones, MIAC Dennis Kelly, Murphy's Landing I 1\! I� it i . li \\ I I'. ! \II \ \ I \ " In�t�. 1 1 , I' It* ' .I_ MINNESOTA HISTORICAL SOCIETY August 8, 1997 Ms. Kathryn Fernholz Associate Environmental Scientist Westwood Professional Services, Inc. 14180 West Highway 5 Eden Prairie, MN 55344 RE: SuperValu Distribution Center Development Shakopee, Scott County SHPO Number: 97 -3393 Dear Ms. Fernholz: Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. Based on available information, xve conclude that the project is unliikely to affect any historic properties Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. Please contact our office at 612- 296 -5462 if you have any questions regarding our review of this project. Sires:PT•. v: Dennis A. Gimmestad Government Programs and Compliance Officer �1 / \( \( 1' \1 i.. i i .,In' ; rnr, i I " APPENDIX B Test Records I Project k State site Location County Sc �- Crew \A, o-v Date 5 � 3 0 -o , SEST !I Nl1: `{ .r. C c F ►.t �J Q c �o C e e wG, TEST uNrr: C l O .. L= t Q c 4 - 7 B } p Q+e be..dca,, CULTURAL MAT6Rt�L , SOIL PROFILE soli PR oF3LL CvLTvgAL MAtT,%R1A6 4 -.y _ V/ Nf Y yi � ry V �Cl It �.lOVy G 20 zo (V F— C Niel-, ,o S S.1.1 l o � �.► c,r V— Sa ccleblc, � i j l � r Yo� � TO TO do 90 70 ra0 rx Ica cwt. , Msr UN R: U 1 C:, o 301L PROFiLF CV=FtAL MA7MAL SOIL MOFILIr CVLTtJZAL MATEXAL G wC V\, C to L-A-G s , re m Zo 30 NE(, 8o 90 too CAt. rz Project Sv. �wd �. 13,,,. Ps. , State site Location County S' c cA-.� Crew a r. Date 5 -'I o- O "ms, UNIT: G l � cc t w o d It sate PIWILE LuLTumAL MATERIAL ' soft PROF"Ll C VLTUR" MA1tR1A6 Sv b r .+•-� i aC,- Q br o. 3 • S4r. -� C 1- L i I Ttsr um rr: G SOIL PRORLE GK CVMFZAL MA7ERrAL TEST UNIT': C g p • 50 r L MZ;I LE C U LTURAL MATE -JAL Project �SK'o �. I�►.� - t�l% State site # - Location County "-, o A-.I Crew Date 6.- � S— o -Z).. k, to �-, —+- TEST UNff: N. SOIL ?AOJrIL9 CV1.TVFA.L MATERIAL Solt PA ®FILL CULTURM. MRTERl 6 k ap • Ca {fJCe1 r • v�� 20 ` — 30 ` 10 I 1 Uw b o� 0 o $•C ° SO S C . �-•-c S 1 c 1 0 -- t .: G 6C I go !o 140 eK Ica 1p� b 5 L N 1 O t d FrS T=ST U1V tT. G 5 TEST UN I ?: {3 SOIL PROFILE C%IMKAL MATERIAL SOIL M*FTLLr CUL'rUXAL MIITcRiAL w1.., E) !0 S �-• ao 3a v Vje.drwc.t -c � so �j tC� v e CA�• 60 Bo go to® Of. �o 30 1 40 rjG 1 Vr- 4 -C. 74 So 90 100 CAf. J c c t-, lea► t C Project �-e »�e�� (�,,.,. ��k State site Cd• -�--- Location Couz:;y c (- Crew Date 6 - 3 - o - Ms'!' OMIT : i 4 1 0 ` "�• t t lss " TEST uNcr: 16 t t - �' i S' ° ! �� • t, N ' ,/Yr `" r ��l ! j � S • � fy • t�'Y — i w SOIL F90 rILE WvrvRAL MATERIAL SOIL PROFILZ CwL799AL MATCAJAL Vf X i ro I 4` t L A-z $a C/y t 4 F5 m - - h DC NGtc< Tt9T UNIT SOIL PiROFSLE CULTURAL MATERIAL G to fix U v o „c— 20 30 40 n ✓K �d so l�:cc2 t�S l�S� 80 � SJ Sw t� S /Sc 90 too CM. 40 70 go 19 N% G . 90 too CM. Project Location C State site county < '-- , c e Cress 1-4 Date -? 3 - a � �LST uNtT - 1 r m� 270 ° TEST vmrr I ? u : 2 Z s v ' 1- 4 r.1= r Solt PADFILE CtJtT�J>tj►L JvtATIrRtAL SOFL.PROFIL1 CULTURAL MPeZPJAL yr yr •• v. CA P-WA > o c _ n 0 C .1. Cualolr> c�c c�.F_ �rto. pvc �pQ r . t/liL I kl4> +(4 L(� 4— (} U:1 ze ;a 44) so ro 70 do 90 go Sao rx [ roa CA(. I� B 1 � L 2 TtST UtV -i TEST UNIT: r~ F - 3C) 301L MFILE CUMIZAL MATERIAL SO(L MoMf CUL ruXAL MA77RIAL 20 l 1 30 30 64 co bc, V S-C -- 1 S w, 11-7- S y 1 S c 70 80 (n Lk , - �n1n . () u ..Q.t s I go A-L c---- -0 c Y m " 90 [ lad ` J �`�"} CM. ` , 100 Cxf. ST 20 - 32 Beteen ST 19, at 144 meters east of the center of Shenandoah Drive, and ST 20, at 254 meters east of the same, an open area that had been extensively disturbed through bioturbation was visually inspected at 2 -3 meter intervals but did not require any shovel testing. For the same reasons, visual inspection was considered sufficient between , .the 277 to 295 meter and the 370 to 400 meter marks. The last hundred meter segment before the northeastern corner did also offer ample subsoil disturbance. Otherwise, shovel tests continued to be placed approximately 10 -15 meters south of the northern property line and at 10 meter intervals. All were negative. Soil profiles continued to be variable, in most cases with bedrock emerging between 20 and 40 cmbs. To minimize repetion, the records for these tests were not included in this appendix but they are all kept on file by ARS and are available for review. Shenandoah Business Park/Minnesota Valley West Final Alternative Urban Areawide Review APPENDIX C Comment Letters Received on the Draft AUAR United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. AN � LOWER Jl,'t_ 0 y 2001 IJ MINNESOTA RIVER J WATERSHED DISTRICT Bv— Scott '.ounty Government Center 200 4 "Avenue West Shakopee, MN 55379 Tel: (952) 496 -8842, pax; (952) 496 -8844 July 5, 2001 - Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 Dear Mr. Leek: Tarry L. Schwalbe, Pies;ounl Gelce. (612) 404 -5312. Fax. (612) 404 -5318 W:Ilaee E. Neal, Vice PresiOent Xca (952) 884 -1632. Fax: (952) 884 -7726 Glenda Splotta, Ssve'ary GtlicA. (952) 471 -0590, "- 285, Fax- (952) 471 -0582 Eeward A. Schlampp, Treasurs VIX (612)920- 4 - 398. Fax (612) 920.0086 Ron Kr98rner, A,1;at Trsesurer Dell. (651) 33: -8505 Fax (952) 894 -3235 Kevin D. Bipal Aomm,lraa Offtc2 (952) 496.8842, Fax. (952) 496 -86644 The Lower Minnesota River Watershed District Board of Managers ( LMRWD) thanks you for giving the LMRWD an opportunity to review the AUAR for Shenandoah Business Park and Minnesota Valley West development projects located in Shakopee. The LMRWD would like to commend the City of Shakopee for conducting a thorough AUAR for these two development projects. We offer the following comments for you consideration: 1. Both the Shenandoah Business Park and Minnesota Valley West propose a' significant number of parking spaces. Arc the number of spaces being proposed actually needed? If parking spaces can be reduced, this will result in a reduced amount of impervious surface, thereby reducing the volume of runoff from the development sites. 2. On Page 11, the adjoining land use compatibility is analyzed for the Shenandoah Business Park. The analysis failed to mention the residential area south of 4` Avenue between the cemetery and the Canterbury Park Racetrack. Will the proposed Business Park be compatible with the existing residential land use in the area? 3. Both projects result in a significant increase in the amount of impervious cover. The LMRWD recommends and encourages low impact development concepts such as swales, no curb and gutter, rain gardens, etc. be incorporated into the development design. These practices will reduce the amount of impervious cover, also reducing the amount of stonn water runoff. 4. The LMRWD recommends that infiltration be incorporated into the site designs to the extent possible. Again, this will result in a reduced volume of stone water runoff from the project sites. .TUL 12 20e1 1c:14 952 445 6718 PAGE.06 On behalf of the Lower Minnesota River Watershed District Board of Managers, I, would like to thank you for giving the LMRWD an opportunity to review and comment on the AUAR. If you have any questions, please contact me at (952) 496 -8842. Very truly yours, Kevin D. Bigalke District Administrator' JUL 12 2001 16 :14 952 445 671e °AGE. 07 Minnesota ]department of Natural Resources 500 "fiytoe Ro2d Sr, Paul, Minncruta 55155.40 July 10, 2001 Mr. Michael Leek Community Development Director City of Shakopee 129 Holmes Street South Shakopee, MN 55371- RE: Shenandoah Business Park and Minnesota Valley West Draft Alternative Urban Areawide Review (Draft AUAR) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the Draft AUAR for the proposed Shenandoah Business Park and Minnesota Valley West developments in the City of Shakopee in Scott County. We offer the following comments for your consideration - The proposals covered by this Draft AUAR are two office and warehouse', projects of which each involve 1.1 million square feet of floor space, and each site will contain access roadways, automobile parking and loading docks fez trucks. This Draft A�CJAR is camplete and accurate in most respects. Item 11 of the Draft AUAR addresses fish, wildlife and ecologically sensitive resources. There are 19 known occurrences of rare species or natural communities in the project vicinity. The DNR does not have further comments or concerns regarding the information already presented in the Draft AUAR. Both project sites have been altered over the years. The Draft AUAR correctly notes in Item 12 that there are no DNR protected waters or wetlands, and the property is not within a shoreland or floodplain area. The DNR has some concerns that the document does not as effectively as is desirable, discuss surrounding cumulative impacts of many other activities. For example, the Minnesota Environmental Quality Board's Guide to Minnesota ,Environmental Review Rules states that the AUAR "is an excellent tool for review of cumulative impacts of multiple projects in a given area." For example, the Draft AUAR suggests, in reference to Minnesota Valley', West, that while some local decline in wildlife was expected to result from grading and construction, there was not "a regionally significant decline in wildlife abundance or species diversity." Our concern is that too large a scale (such as on a regional level) may be being used to evaluate the DNR Infarmation: 651- 296 -6157 • 1 -888 -646 -6367 ° TTY: 651- 296-5484 • 1- 800.657 -3929 An Egaal Oppottutttty Empla)w PArnod on Pecyciod Paper Containing a Who valucs Dimsity M1�mum of 10X Post Conlvmc► Wasrm ?0'8 ZT :9I TOOZ OT In[ JUL 12 2-021 16:15 952 445 6718 PAGc.09 Mr. M. Leek July 10, 2001 Page 2 significance of impacts. The wildlife abundance in the City of Shakopee (or of the surrounding area) will be greatly and significantly dim= by these two projects in conjunction with other activities affecting the same wildlife resources, such as street and highway construction, residential developments, and commercial or industrial developments. At some point along a continuum of development proposals, a significant environmental effect occurs. A full discussion of cumulative impacts of projects, including those in the surrounding area, is important to assure the discussion of significant environmental effects in the Draft AUAR is complete and not limited to those spccics and habitats that are already seriously and significantly affected_ Thank you for the opportunity to review this project and the Draft GUAR. The DNR looks forward to receiving and reviewing your Final AUAR and Mitigation Plan at a future date. If you have questions regarding this letter or these comments, please contact Charlotte Cohn of my staff at (651) 296 -4790. Sincerely, Thomas W. Balcorn, SupeM o� Environmental Review Section Office of Management and Budget Services c: Kathleen Wallace Steve Colvin Wayne Barstad Joe Oschwald Pat Lynch Sarah HoEman Jon Larsen, EQB George I_ Burkards, United Land LLC Craig H. Patterson, Opus Northwest LLC #20010701 -0002 SHENANDOAM BUSINESS PARK AND MROMSOTAvALLZY VY _ 20 *8 zi:9: TOOZ OT ,nf JUL 12 20e1 16:15 952 445 671e pAGE.1� n 1 Gene and Nancy Goemer JUL 1 1 20 01 2525 4 Avenue East Shakopee, MN 55379 �L-_ __._ (952) 445 -7078 July 9, 2001 Michael Leek City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mr_ Leek: As property owners adjoining the proposed development of Shenandoah Business Park, we have concerns regarding the accuracy and completeness of' nformation and potential impacts of the Alternative Urban Areawide Review, as presented by United Land.LLC and Opus Northwest LLC, that we feel warrant further investigation. The accuracy and completeness of information contained within this AUAR concerns us because our residence is never mentioned in response to any question. For instance, Question 9 LAND USE asks for descriptions of current land use on adjacent lands. We feel that our residence should also be on a list of adjoining properties that includes' Knights of Columbus Hall, a cemetery, Shakopee Ballroom, Canterbury Park Racetrack, Sherer Brothers Lumber, CertainTeed Corporation, and Murphy's Landing Historic Site. Our residence should also be included in the response to Question 24 ODORS, NOISE AND DUST. There is mention of a residence situated 100 feet from 4` Avenue between CH83 and Shenandoah and we assume this is the house located on the east side of CertainTeed. Our house is approximately 50 feet from 4 h Avenue and is located within the drawn boundaries of Shenandoah Business Park on FIGURE 9. L Our proximity to this project is best illustrated in FIGURE 5.3 and identifiable by the indentation on 4` Avenue. We also have concerns for the potential impact this project will have on our lives and property. Specifically, we would appreciate further investigation on the issues of traffic, land use, odors, noise and dust. We have briefly explained our perspective on these' issues below. The review states that 4' Avenue will be at 165% capacity at completion of Shenandoah Business Park. Because our residence is located near the All -Way STOP intersection at Shenandoah, the increased amount of traffic may affect entering and exiting our property. Although the review projects that the intersection should remain at acceptable levels (i.e. uncongested), the current operating level of LOS A could fall to LOS D and still be JUL 12 2021 1G:14 952 445 6719 PAGE.04 accurately stated. The offered solution to the overcapacity of 4` Avenue is to expand to a three -lane urban section, If widening the road involves our property it would result in a loss of our land and bring our residence closer to the traffic noise. Our proximity to the Shenandoah Business Park directly impacts our residence and our quality of life. The Proposed Site Plan (FIGURE 5.3) illustrates a number of our concerns regarding our adjoining land. Located on two sides of our property are driveways and parking, and to the front is 4 Avenue, which means vehicle noise and lights will nearly surround our property. The driveway to the truck bay in LOT 8 routes the noise and headlights of diesel engine trucks past our backyard. We anticipate that trucks will be running longer in cold months and the warning beeps of trucks backing into the loading docks will be ongoing. The use of burros and landscaping may alleviate the noise and lights, but it raises concerns as to the grading of the site. Because our residence already sits well below 4` Avenue, the elevation of the adjoining land may create drainage problems on our property and possibly result in water entering our basement. Finally, the construction of Shenandoah Business Park will be phased in over a I0'•year period. The air borne dirt and dust generated from grading and construction will limit days that we can open the windows in our home. The review states that the approximate soil depth to bedrock is only an average of 3 feet, with some areas as shallow as 1 foot; and will require dynamite blasting. We are concerned as to how much and how long the blasting will continue as this poses potential problems of both noise and property damage. The greatest concern we have is that within all of the AUAR our property is never specified and, hence, never given any consideration as to the potential impact that these developments will have on our residence. Both your time and attention given to our comments is greatly appreciated. Sincerely, �. �A U Gene G. Goe er Nancy L. Goemer JUL 12 2021 16:14 952 445 6716 PPGE.05 11T NrsOT� H1STOKICAT, SOC I E TI July 11, 2001 City of Shakopee Attn: Michael Leek 129 Holmes Street Shakopee, MN 55379 Re: AUAR — Shenandoah Business Park T115 R22 S5, Shakopee, Scatt_C.ounty. SHPO Number: 2001 -2004 Dear Mr, Leek: Thank you for the opportunity to review the above referenced AUAR. We have a number of concerns regarding this project. We have outlined those . concerns in a 30 April 2001 letter to Mr. David Braslau of Braslau Associates; a copy of the letter is enclosed. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office by the federal agency. Contact us at 651- 296 -5462 with questions or concerns. Sincerely, U G ennis A. Gimmestad overnment Programs & Compliance Officer cc: Mark Dudzik, OSA Jim Jones, MIAC Murphy's Landing Jim Warren, Shakopee Scott County Historical Society �:In_- I'1in.lTI'l F:I'illlNP: (--,1.j96 bl'._n JJL 12 2021 16:15 952 445 6718 ?AGE. 11 MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE April 30, 2001 Mr. David Braslau David Braslau Associates, Inc. 13135 th Street SE, Suite 322 Minneapolis, MN 55414 RE: AUAR— Shenandoah Business Park T115 R22 S5, Shakopee, Scott County SHPO Number: 2001 -2004 Dear Mr. Braslau: Thank you for consulting with our office during the planning phase for the above referenced project. This property is located across the highway from Murphy's Landing, a portion of which is listed on the National Register of Historic Places as the Shakopee Historic District. The area north of the highway also includes archaeological properties and burial areas. Therefore, we recommend the following: 1.We believe that there is a good probability that unreported archaeological properties may be present in the Shenandoah project area. Therefore, we recommend that a survey of the area be completed. The survey must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation, and should include an evaluation of National Register eligibility for any properties that are identified. For your information, we have enclosed a list of consultants who have expressed an interest in undertaking such surveys. 2. The design of the project should take into account effects on the historic district, both from a'visual /aesthetic standpoint, and from an operational (circulation, use, noise, etc.) standpoint. 3. Because of the location of burials in the vicinity, the requirements of the Minnesota Private Cemeteries Act should be addressed. - Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. If you have any questions on our review of this project, please contact me at (651) 296 -5462. Sincerely, Dennis A. Gimmestad Government Programs and Compliance Officer Enclosure: List of Consultants cc: Mark Dudzik, OSA Jim Jones, MIAC Dennis Kelly, Murphy's Landing TOTAL P.12 JLL 12 %001 15:16 952 445 671E PAC-E.12 July 12, 2001 City of Shakopee Attn: Michael Leek 129 Holmes Street Shakopee MN 55379 Re: AUAR for Shenandoah Business Park and Minnesota Valley West WSB Project No. 1281 -05 Dear Mr. Leek: Thank you for the opportunity to comment on the AUAR_ We would like to provide the following comments for consideration in determining the adequacy of this AUAR and for consideration of appropriate conditions should this proposal move forward. We are listing the applicable AUAR item number with our respective comment: Item #6b & #13: The comments made concerning whether or not dewatering will be required states that it currently "appears" that it will not be necessary to dewater at this time, which implies it may be deemed necessary once construction begins_ It is also mentioned that it "may" be necessary to blast to remove shallow bedrock from the site. It is recommended that the potential need for dewatering and blasting to remove bedrock both be definitively known and specifically addressed as a necessary part of this AUAR. Item #10: No stormwater ponds are proposed for the Shenandoah Business Park? Item #16 implies there is to be stormwater retention within the 112 acres of the Shenandoah' Business Park and Item #17 states there is a total of 10 acres of stormwater ponds proposed, whereas only 7.1 acres are indicated within the before and after tables. These apparent inconsistencies should be clarified. An Equal Opportunity /Safety Aware Employer J 11 L 12 2221 16 :13 952 445 6715 z1AGE.02 Item #16: • Will excavated soil be reused on site or hauled to another location? If so, where? • It is stated there will be construction of a temporary sediment basin in the location proposed for storm water, yet no reference is made as to where or how large this /these (pre and post) pond /s will be. A detailed map would be very helpful Item #17a &b: The exact number, locations, and sizes of all pre and post stormwater retention ponds should be included. The exact drainage route's of runoff within and exiting the site (until reaching a DNR regulated water body) should also be referenced within a detailed map. Item #19: It is noted that the entire project is located within an area identified as highly susceptible to ground water contamination. Signification risks to contaminating underlying ground water exists, especially when considering over 360,000 yd of soil is to be excavated and the underlying bedrock may likely be blasted. Practices to reduce potential contamination should be identified. Item #20: The AUAR states, "The City of Shakopee has no recycling program or applicable ordinance in place for businesses." Scott County has recycling programs that apply to Shakopee. This should be noted. Item #28: The AUAR states, "Due to the shallow bedrock formation throughout the site, the watermain and sanitary sewer will share a common trench where feasible." Due to the entire project location being within an area highly susceptible to ground water contamination and the likely intent to blast into the shallow bedrock, the specifics of issues such as "Due to grade restraints, lots west of Shenandoah may require individual grinder pumps and a centralized publicly owned lift station or a significant amount of fill to elevate the building pads,' should be addressed with a great deal more detail and explanation as part of this AUAR. Item #29: Items #12, 17 & 28 require further detail as referred to above. If you have any questions regarding the enclosed AUAR review comments please give me a call at (952) 496 -8366. Sincerely, Michael Sobota Community Development Director cc: Art Bannerman, Commissioner Dave Unmacht, County Administrator Bradley Larson, Public Works Director AI Frechette, Environmental Health Manager Brian Sorenson, Public Works An Equal Opportunity/Safety Aware Employer JUL 12 2221 1G:13 952 445 6718 ?AGE.G3 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review Responses to Comments United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. r' i'• Responses to comments received on the Draft AUAR are presented below. The order in which the comments are addressed is based upon the date of the letter submitted to the City of Shakopee. 1. Both the Shenandoah Business Park and Minnesota Valley West propose a significant number of parking spaces. Are the number of [parking] spaces being proposed actually needed? If parking spaces can be reduced, this will result in a reduced amount of impervious surface, thereby reducing the volume of runoff from the development sites. The larger number of spaces will only be needed if the maximum amount of office is constructed. The number of parking spaces shown is based upon City of Shakopee' zoning requirements. The City of Shakopee requires one space per 250 SF of leasable space for office and one space per 2000 SF of warehouse space. Thus, the following parking will be required by zoning requirements for the range of land uses expected on the two project sites: The City of Shakopee zoning ordinance provides for joint, shared, or cooperative parking plans, which are reviewed by the Board of Adjustments and Appeals. Also, while the zoning ordinance does not, per se, have provisions for "proof of parking" that could reduce parking below code based upon sufficient evidence by the developer, the principle was recently applied in the case of an R -3 plat. Therefore, some approaches are available for reducing parking below the values shown in the table above. 2. On Page 11 [of the AUAR], the adjoining land use compatibility is analyzed for the Shenandoah Business Park. The analysis failed to mention the residential area south of 4"' Avenue between the cemetery and the Canterbury Park Racetrack. Will the proposed Business Park be compatible with the existing residential land use in the area? The residential area, shown in Figure 9.1 of the Draft AUAR is clearly designated in Figure 2.1 of the Final AUAR. This residential area was not mentioned since it is Responses to Comments Page 1 Low Office Alternative High Office Alternative Office Warehouse Total Office Warehouse Total Minnesota Valley West Percent 10 90 100 14 86 100 Office space (GSF) 116,000 1,044,000 1,160,000 162,400 997,600 1,160,000 Office space (net) 98,600 887,400 986,000 138,040 847,960 986,000 Parking required 394 444 838 552 424 976 Office Warehouse Total Office Warehouse 'Total Shenandoah Business Park Percent office 14 86 100 50 50 100 Office space (GSF) 162,540 998,460 1,161,000 580,500 580,500 1,161,000 Office space (net) 138,159 848,691 986,850 493,425 493,425 986,850 Parking required 553 424 977 1,974 247 2,220 The City of Shakopee zoning ordinance provides for joint, shared, or cooperative parking plans, which are reviewed by the Board of Adjustments and Appeals. Also, while the zoning ordinance does not, per se, have provisions for "proof of parking" that could reduce parking below code based upon sufficient evidence by the developer, the principle was recently applied in the case of an R -3 plat. Therefore, some approaches are available for reducing parking below the values shown in the table above. 2. On Page 11 [of the AUAR], the adjoining land use compatibility is analyzed for the Shenandoah Business Park. The analysis failed to mention the residential area south of 4"' Avenue between the cemetery and the Canterbury Park Racetrack. Will the proposed Business Park be compatible with the existing residential land use in the area? The residential area, shown in Figure 9.1 of the Draft AUAR is clearly designated in Figure 2.1 of the Final AUAR. This residential area was not mentioned since it is Responses to Comments Page 1 approximately 200 feet south of 4` Avenue and buffered by trees. The area is also buffered by land uses based upon zoning developed by the City of Shakopee - from west to east these are an area zoned B1 west of the cemetery, the cemetery (Zoned AG), the small buffer zoning of outlots north of the residential area, and the Knights of Columbus (zoned B1). The proposed office /warehouse land use may be less intensive or have less impact than other possible industrial uses, including manufacturing, that could occupy this site. No noise or air emissions, except those associated with motor vehicles and trucks on the site and heating/ventilating equipment, are anticipated from the Business Park. The traffic noise analysis in the Draft AUAR indicated that noise levels along 4th Avenue are expected to exceed the daytime residential noise standard for a home within 100 feet of the roadway. Homes in the residential area to the south of 4th Avenue are approximately 200 feet from 4th Avenue, so daytime noise levels are expected to be below the state noise standards. 3. Both projects result in a significant increase in the amount of impervious cover. The LMRWD recommends and encourages low impact development concepts such as swales, no curb and gutter, rain gardens, etc. be incorporated into the development design. These practices will reduce the amount of impervious cover, also reducing the amount of storm water runoff. The low impact concepts recommended will be considered in the development design. The City of Shakopee zoning ordinance does not specifically address the question of low impact development concepts but only includes requirements for surfacing. Design criteria review by the City may be sufficiently flexible to permit this type of low impact design. 4. The LMRWD recommends that infiltration be incorporated into the site designs to the extent possible. Again, this will result in a reduced volume of storm water runoff from the project sites. The City of Shakopee Stormwater Management Plan, Policy IV.A.10 states the following: "The development of enhanced infiltration practices should be implemented wherever it is practical and reasonable to do so, provided that past and existing land use practices do not have a significant potential to contaminate the stormwater runoff. In addition in areas where enhanced infiltration practices are employed, a minimum of 2 feet of soil must be present between the pond bottom and bedrock to treat infiltrating stormwater." Any potential infiltration areas and stormwater ponds will comply with these requirements or alternatives, such as clay liners will be considered. MINNESOTA DEPARTMENT OF NATURAL RESOURCES The DNR has some concerns that the document does not as effectively as is desirable, discuss surrounding cumulative impacts of many other activities. For example, the Minnesota Environmental Quality Boards' Guide to Minnesota Environmental Review Rules states that the AUAR "is an excellent tool for review of cumulative impacts of multiple projects in a given area ". For example, the Draft AUAR suggests, in reference to Minnesota Valley West, that while some local decline in wildlife was expected to result from grading and construction there was not "a regionally significant decline in wildlife abundance or species diversity." Our concern is that too Responses to Comments Page 2 large a scale (such as on a regional level) may be being used to evaluate the significance of impacts. The wildlife abundance in the City of Shakopee (or of the surrounding area) will be greatly and significantly diminished by these two projects in conjunction with other activities affecting the same wildlife resources, such as street and highway construction, residential development and commercial or industrial developments. At some point along a continuum of development proposals, a significant environmental effect occurs. A full discussion of cumulative impacts of projects, including those in the surrounding area, is important to assure the discussion of significant environmental effects in the Draft AUAR is complete and not limited to those species and habitats that are already seriously and significantly affected. The Draft AUAR has investigated the impacts of the two projects and their individual and cumulative impacts on the environment in the areas expected to be impacted by these projects. These projects combined with others in the region may have a significant overall impact on habitat. However, this loss of habitat is partially offset by the large areas along the Minnesota River that is permanently retained as wildlife habitat. As defined in the QB Environmental Review Rules, "cumulative impact" means the impact on the environment that results from incremental effects of the project in addition to other past, present, and reasonably foreseeable future projects regardless of what person undertakes the other projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. The cumulative impact of regional land use conversion from open space /agricultural land to developed space that has taken and is taking place in the metropolitan area is difficult to In mitigate. The two proposed office /warehouse projects are consistent with the light' industrial classification of the Shakopee land use plan and zoning for the project sites. Individually, the proposed projects will include stormwater ponds, limited open space and landscaping. The City has chosen to mitigate the cumulative impacts of urbanization by placing goals and policies to protect and enhance wildlife habitat are included in several chapters of the City of Shakopee Comprehensive Plan (1999 update). Some of these are listed below. Section 1: Land Use and StaLrin� This section includes as its first goal the identification and preservation of the City's natural resources. The objective and policies under this goal are presented below. Objective 1.1 Allow development in a pattern that minimizes the disruption of identified prime agricultural soils, wetlands, forests, groundwater and other natural resources. Policies: a. Development proposals that preserve existing wetland shall be preferred over proposals that create replacement wetlands. b. Protection of farmland will be promoted through the use of the Agricultural Preserves Act, which provides tax benefits and additional protection for areas identified for long -term agricultural use. C. Provisions will be adopted on the siting, design, construction and maintenance of on -site sewage disposal systems that are consistent with the applicable requirements set forth in the Met Council's Water Resource Management, Part 1, Wastewater Treatment and Handling Policy Plan. Responses to Comments Page 3 d. The City will develop a forestry plan to identify significant resources for protection and promote practices that enhance the City's forests. e. The City will adopt a stormwater ordinance that addresses City -wide stormwater issues, including assessing the need for regional stormwater facilities and wetland preservation. f. The city will continue development and maintenance of a geographic information system (GIS) to monitor development and identify important natural resources. Section II: Stormwat Management Plan The goals and policies have been developed to preserve and use natural water storage and retention systems in order to: A, Limit public capital expenditures that re necessary to control excessive volumes and rates of runoff B. Improve water quality. C. Prevent flooding and erosion from surface flows. D. Prevent ground water recharge. E. Protect and enhance fish and wildlife habitat and water recreational facilities. F. Secure the other benefits associated with the proper management of surface water. Construction of these two projects, along with other development in the City such as street and highway construction, residential development and commercial and industrial' development, has already impacted or will impact the wildlife abundance in the City and surrounding areas. While mitigation of these impacts is difficult at a project level, it is anticipated that land use conversion following the goals and policies outlined above will minimize the cumulative impact of development on wildlife resources. iI • The accuracy and completeness of information contained within this AUAR concerns us because our residence is never mentioned in response to any questions. For instance, Question 9 LAND USE asks for descriptions of current land use on adjacent lands. We feel that our residence should also be on a list of adjoining properties that includes Knights of Columbus Hall, a cemetery, Shakopee Ballroom, Canterbury Park Racetrack, Sherer Brothers Lumber, CertainTeed', Corporation, and Murphy's Landing Historic Site. Our residence should also be included in the response to Question 24 ODORS, NOISE, AND DUST. There is mention of a residence situation 100 feet form 4"' Avenue between CH 83 and Shenandoah and we assume this is the house located on the east side of CertainTeed. Our house is approximately 50 feet from 4"' Avenue and is located within the drawn boundaries of Shenandoah Business Park on Figure 9.1. Our proximity to this project is best illustrated in Figure 5.3 and identifiable by the indentation on 4"' Avenue. This residence was unfortunately omitted from the list of adjacent properties and not analyzed in the Draft AUAR. In the Final AUAR, the property is identified in Section 2.1 (Question 9: Land Use) and potential impacts on the property are discussed in Section 2.6 (Question 21: Traffic), Section 2.7 (Question 24: Dust, Odors, and Noise) and Section 2.9 (Question 26: Visual Impacts). Possible measures to mitigate these impacts are discussed in the Mitigation Plan contained in Appendix E of the Final AUAR. The property also delineated in the figures contained in the Final AUAR. Responses to Comments Page 4 The review states that 4` Avenue will be at 165% of capacity at completion of Shenandoah Business Park. Because our residence is located near the All -Way STOP intersection at Shenandoah, the increased amount of traffic may affect entering and exiting our property. Although the review projects that the intersection should remain at acceptable levels (i.e!. uncongested), the current operating level of LOS A could fall to LOS D and still be accurately stated. The offered solution to the overcapacity of 4"' Avenue is to expand to a three -lane urban section. If widening the road involves our property it would result in a loss of our land and bring our residence closer to the traffic noise. Widening of 4 1 Avenue will likely occur in the future either because of the proposed developments or other developments in the area. Impacts associated with improvements of the roadway will be evaluated as part of the roadway improvement process and are not an appropriate issue to be addressed in this AUAR. Our proximity to the Shenandoah Business Park directly impacts our residence and our quality of life. The Proposed Site Plan (FIGURE 5.3) illustrates a number of our concerns regarding our adjoining land. Located on two sides of our property are driveways and parking, and the front is 4"' Avenue, which means vehicle noise and lights will nearly surround our property. The driveway to the truck bay in LOT 8 routes the noise and headlights of diesel engine trucks past our backyard. We anticipate that trucks will be running longer in cold months and the warning beeps of trucks backing into the loading docks will be ongoing. The potential for truck noise impacts on the Goemer residence is discussed in Section 2.7 (Question 24: Dust, Odors and Noise) of the Final AUAR. Potential impacts from lighting are discussed in Section 2.9 (Question 26: Visual Impacts). Construction of a berm and landscaping are effective means of shielding adjacent properties from noise and lights and is identified in the Mitigation Plan. Details on such mitigation measures will depend upon the future location of roadways and parking areas. The use of berms and landscaping may alleviate the noise and lights, but it raises concerns as to the grading of the site. Because our residence already sits well below 4` Avenue, the elevation of the adj oining land may create drainage problems on our property and possibly result in water entering our basement. Drainage plans for Shenandoah Business Park will require approval from the City of Shakopee. The potential for impacting adjacent land uses will be considered in the development of grading and drainage plans for the site. Finally, the construction of Shenandoah Business Park will be phased in over a 10-year period. The airborne dirt and dust generated from grading and construction will limit days that we can open the windows in our home. The review states that the approximate soil depth to bedrock is only an average of 3 feet, with some areas as shallow as 1 foot, and will require dynamite blasting. We are concerned as to how much and how long the blasting will continue as this poses potential problems of both noise and property damage. The site plan contained in the Draft AUAR is preliminary, and the exact location of buildings, roadways, and parking areas has not been determined for the site. Any grading and blasting on individual parcels will be reviewed by the City of Shakopee and measures to mitigate dust, noise and vibration will be required. While construction will be carried out over a 10 -year development period, it will be done in discrete phases. Those construction Responses to Comments Page 5 phases immediately adjacent to the Goemer property will have the greatest potential for impact and will require well under 10 years for completion. The greatest concern we have is that within all of the AUAR our property is never specified and, hence, never given any consideration as to the potential impact that these developments will have on our residence. The property is clearly noted and addressed in the Final AUAR. The property is identified in Section 2.1 (Question 9: Land Use) and potential impacts on the property are discussed in Section 2.6 (Question 21: Traffic), Section 2.7 (Question 24: Dust, Odors, and Noise) and Section 2.9 (Question 26: Visual Impacts). Possible measures to mitigate these impacts are discussed in the Mitigation Plan contained in Appendix E of the Final AUAR. We have a number of concerns regarding this project. We have outlined those concerns in a 30 April 2001 letter to Mr. David Braslau of David Braslau Associates; a copy of the letter is enclosed. [see list of concerns below]. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures for the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office by the federal agency. [Specific recommendations from the letter dated 30 April 2001 are noted below.] 1. We believe that there is a good probability that unreported archaeological properties may be present in the Shenandoah project area. Therefore, we recommend that a survey of the area be completed. The survey must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation, and should include an evaluation of National Register eligibility for any properties that are identified. For your information, we have enclosed a list of consultants who have expressed an interest in undertaking such surveys. An Archaeological Survey for the Shenandoah Business Park has been prepared by Archaeological Research Services and is included in the Final AUAR as Appendix B. The survey identified one locality along the northern boundary of the Shenandoah Business Park site where evidence of tools and a small scatter of Prairie du Chien chert flaking debris that appears to represent the southern edge of a lithic reduction (stone tool production) area and possibly also of a larger habitation site that continued towards the river. This evidence has been partially or largely destroyed by highway and railroad construction. The site has been recorded as Shenandoah Parr As the Shenandoah Business Park portion of this locality appears confined to a small area along the northern edge of the project area, it could probably easily be avoided and protected as a green space in the final development plan. Should this not be feasible, further study and more intensive testing would be needed in order to evaluate the significance of the site and determine whether or not it meets the criteria of eligibility for the National Register of Historic Places. Responses to Comments Page 6 2. The design of the project should take into account effects on the historic district, both from a visual/aesthetic standpoint, and from an operational (circulation, use, noise, etc), standpoint. Shenandoah Business Park will be accessed from Shenandoah Drive and from 4 th Avenue and will not provide any additional access to CH 101. Therefore, no impacts from traffic or traffic noise are anticipated. Truck activity on the site will occur south of the railroad tracks. Noise from trucks on the site will be well below that from trucks on CH 101, which is north of the Shenandoah Business Park and the intervening railroad tracks. Visual screening of the project will be provided as part of landscaping plans to be prepared for each parcel on the site prior to its development. 3. Because of the location of burials in the vicinity, the requirements of the Minnesota Private Cemeteries Act should be addressed. These requirements are addressed in the Archaeological Survey discussed in Item 1 above. SCOTT COUNTY - COMMUNITY DEVELOPMENT DIVISION Item #6b & #13: The comments made concerning whether or not dewatering will be required states that it currently "appears" that it will not be necessary to dewater at this time, which implies that it may be deemed necessary once construction begins. It is also mentioned that it "may" be necessary to blast to remove shallow bedrock from the site. It is recommend that the potential need for dewatering and blasting to remove bedrock both be definitively known and specifically addressed as part of this AUAR. The AUAR has examined a maximum probable development scenario on each of the sites. With a 10 -year development scenario for Shenandoah Business Park, it is not possible to provide detailed design and grading plans for the entire site. The final determination on dewatering and on the need for blasting will be made during the site investigation and design process for each of the sub - parcels on the site. This level of detail will be required for City site plan approval, preliminary and final plat approval, and City building permits, as well as the MPCA NPDES General Storm Water Permit for Construction Activity for Shenandoah Business Park. Item #10: No stormwater ponds are proposed for the Shenandoah Business Park? Item's #16 implies there is to be stormwater retention within the 112 acres of the Shenandoah Business Park and Item #17 states that there is a total of 10 acres of stormwater ponds proposed, whereas only 7.1 acres are indicated within the before and after tables. These apparent inconsistencies should be clarified. Two stormwater basis on shown on the site plan for Shenandoah Business Park (Figure 5.3 of the Draft AUAR). There is a large pond in the easterly portion of the site and a',smaller pond just east of Shenandoah Drive. The statement in Item #17 referring to 10 acres of stormwater ponding was based upon the original site plan for Shenandoah Business Park. The table of before and after land uses under Item #10 for Shenandoah Business Park has been revised and is included in this Final AUAR. The revised table indicates that stormwater ponding will require 12.6 acres of the 112 acre site. The value of 7.1 acres in the table of land uses in Item #10 refers to Minnesota Valley West, for which the stormwater detention ponds have been completed. Responses to Comments Page 7 Item #16: • Will excavated soil be reused on the site of hauled to another location? If so, where? It is estimated that approximately 332,000 cubic yards of soil will be moved within the site. Of this amount, it is estimated that over 90% will be hauled in from off site and the on -site soils will remain on the site for reuse. Excavation and redistribution of soil and blasting of bedrock will be carried out, where needed, to provide for stormwater ponds and gravity flow of water and sewer on the site. Some blasting debris may have to be removed from the site. This debris will be disposed of in accordance with provisions of Section 8.00 of the Scott County Solid Waste Ordinance. • It is stated there will be construction of temporary sediment basin[s] in the location proposed for stormwater, yet no reference is made as to where or how large this /these (pre and post) pond/s will be. A detailed map would be very helpful. Please see the response to Item #10 Item #17a &b: The exact number, locations, and sizes of all pre and post stormwater retention ponds should be included. The exact drainage routes of runoff within and exiting the site (until reaching a DNR regulated water body) should also be referenced within a detailed map. Please see the response to Item #10. The exact drainage routes from these ponds is unknown at the present time, although this information will be required for City site plan approval, preliminary and final plat approval, City building permits, as well as the'',MPCA NPDES General Storm Water Permit for Construction Activity. Item #19: It is noted that the entire project is located within an area identified as highly susceptible to ground water contamination. Significant risks to contaminating underlying ground water exists, especially when considering over 360,000 yd of soils is to be excavated and the underlying bedrock may likely be blasted. Practices to reduce potential contamination should be identified. A list of Best Management Practices (BMPs) to be implemented to minimize contamination of groundwater is included in Section 2.4 of the Final AUAR. Item #20: The AUAR states "The City of Shakopee has no recycling program or applicable ordinance in place for businesses: Scott County has recycling programs that apply to Shakopee. This should be noted. The recycling of solid wastes are covered in Section 8.01 of the Scott County Solid Waste Ordinance. That section of the ordinance, included in Appendix A of this Final AUAR, requires haulers to provide recycling services to their customers. Item #28: The AUAR states "due to the shallow bedrock formation throughout the site,', the watermain and sanitary sewer will share a common trench where feasible." Due to the entire project location being within an area highly susceptible to groundwater contamination and the likely intent to blast into the shallow bedrock the specifics of issues such as "Due to grade restraints, lots west of Shenandoah may require individual grinder pumps and a centralize publicly owned lift station or a significant amount of fill to elevate the building pads" should be addressed with a great deal more detail and explanation as part of this AUAR. Responses to Comments Page 8 See the response to Item #6b & #13. This information will be based upon designs of individual sub - parcels within Shenandoah Business Park that are not known at this time. This information will be required for permits and approvals needed prior to construction. All sanitary sewer improvements will need approval from the MPCA. All water supply improvements will need approval from the Department of Health. Detailed information will also be provided to the City of Shakopee for preliminary and final plat approval. Therefore, it is anticipated that this item could be mitigated through existing regulatory controls. Item #29: Items #17 and #28 require further detail as referred to above. [Reference to Item #12 was omitted per a telephone conversation with Scott County on 2 August 2001.] See responses to Items #17 and #28. comments &responses- FINAL.doc 200091\AuarComments Responses to Comments Page 9 Shenandoah Business Park/Minnesota Vallev West Final Alternative Urban Areawide Review 1 1 1 Mitigation Plan United Land LLC /Opus Northwest, L.L.C. Prepared by David Braslau Associates, Inc. SHEN B USINESS P ARK .� 2 FINAL ALTERNATIVE URBANAREAWIDE REVIEW (FINAL AUAR) MITIGATION PLAN Page INTRODUCTION.................................................................... ............................... .................1 RESPONSIBLEPARTIES ........................................................................ .......................... . . . .. I IDENTIFIED IMPACTS AND PROPOSED MITIGATION PLAN ........ ..............................2 1.0 TRAFFIC ......................................................................................... .................... .......... 1.1 Summary of Impacts ............................................................. ............!..•.•............2 1.2 Mitigation Measures ............................................................. ..............................3 1.3 Implementation Information ................................................. ..............................4 2.0 SURFACE WATER ....................................................................... ............................... 5 2.1 Summary of Impacts ............................................................. .............................. 5 2.2 Mitigation Measures .............................................................. ............•••........... - - -5 2.3 Implementation Information ................................................. ..............................6 3.0 WASTEWATER ............................................................................... ...........'.................. 3.1 Summary of Impacts .............................................................. .............................7 3.2 Mitigation Measures ............................................................. .............................. 8 3.3 Implementation Information .................................................. .............................9 4.0 soils ................................................................................................... ........................ - - - - - 4.1 Summary of Impacts .............................................................. ........... ..................9 4.2 Mitigation Measures ............................................................. ................---- ........ 4.3 Implementation Information ................................................. ............................10 5.0 NOISE AND VIBRATION ............................................................. ............•.•.......... - -. 5.1 Summary of Impacts ............................................................ ........ .............--- .....1 I 5.2 Mitigation Measures ............................................................. ............................. 5.3 Implementation Information ................................................ ............................. 6.0 ARCHAEOLOGICAL AND HISTORICAL RESOURCES ......... .............................12 6.1 Summary of Impacts ............................................................ ............................. 6.2 Mitigation Measures ............................................................. ................--- .......... 6.3 Implementation Information ................................................. .............................13 7.0 VISUAL IMPACTS ........................................................................ ......................... - - -. 7.1 Summary of Impacts ............................................................ ............J................ 7.2 Mitigation Measures ........................................................... ............................. 7.3 Implementation Information ................................................ .............................1 Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 3, 2001 Page i 8.0 FUTURE ENVIRONMENTAL CONCERNS OR IMPACTS NOT ANTICIPATED IN THE AUAR AND MITIGATION PLAN ................................. .............................15 Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 3, 2001 Page ii This mitigation plan is a component of the Shenandoah Business Park and Minnesota Valley West Alternative Urban Areawide Review ( "AUAR ") prepared by the City of Shakopee, Minnesota. The AUAR identifies the impacts anticipated to result from the development planned for the geographic area covered by the AUAR. This mitigation plan identifies the mitigation measures that will be followed by the City of Shakopee and/or other responsible parties to avoid or mitigate potential environmental impacts resulting from the development. The mitigation plan was prepared in accordance with Minnesota Environmental Quality Board ( "MEQB ") Environmental Review Program Rules and the MEQB memorandum entitled, "Recommended Content and Format - Alternative Urban Areawide Review Documents," dated June 1995. The AUAR has identified the following development- related impacts which require implementation of mitigation measures to avoid or mitigate potential environmental impacts: traffic, surface water, wastewater, soils, and noise. Each section below summarizes the potential environmental impacts and describes the mitigation measures proposed to avoid, minimize, or compensate for these impacts. Each section also includes information concerning the agency or agencies involved in review, approval or implementation of specific mitigation measures; the time frames for implementing mitigation measures; and the party or parties with financial responsibility for implementing mitigation measures. �' The City of Shakopee ( "City ") is the Responsible Governmental Unit ( "RGU") for preparing and adopting the AUAR and the mitigation plan. The City is also the governmental unit with the greatest responsibility for supervising or approving development within the geographic area of the AUAR. The City's review and approval of developer(s)' master plans, site plans, preliminary and final plats, building permits and grading permits are the primary local government mechanism for ensuring compliance with the mitigation measures identified in this mitigation plan. City approval of the individual development plans for Shenandoah Business Park and Minnesota Valley West also involves reaching agreement with each developer regarding plan elements to avoid or minimize potential environmental impacts and financial and regulatory assurances that the mitigation plan will be implemented. In addition, the City will inspect each project as it is constructed, or will, through other means, ascertain that the prescribed mitigation measures are implemented. However, in most cases, the developers are ultimately responsible for implementing mitigation measures in accordance with plan review and permit requirements. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan Augus 15, 2001 Page 1 l l` I I • United Land LLC ( "United Land ") will be the developer of Shenandoah Business Park. Opus Northwest, L.L.C. ( "Opus Northwest ") has been and will develop Minnesota Valley West. In most cases, responsibility for obtaining required permits and approvals and for implementing mitigation measures specified as conditions to such permits and approvals will lie with United Land for Shenandoah Business Park and with Opus Northwest for Minnesota Valley! West. The AUAR also identifies other units of government that are likely to have plan review or permit authority over the development proposed for the study area. These agencies include:. Lower Minnesota Watershed District; Minnesota Pollution Control Agency; Metropolitan Council; Scott County; and the State Historic Preservation Office. � , A glum Based on applicable MEQB guidelines for preparation of an AUAR mitigation plan, this section provides the following information for each area of potential environmental impact identified in the AUAR: (1) summary of potential impacts; (2) planned mitigation measures; (3) governmental programs that regulate mitigation plan preparation and compliance; (4) time frames for implementing mitigation measures; and (5) identification of party or parties with financial responsibility for implementing mitigation measures. 1.1 Summary of Impacts A traffic study was completed as part of the AUAR to determine the traffic impacts to adjacent roadways in the study area resulting from traffic generated by the proposed combined office /warehouse developments. The study included an analysis of 2003 and 2020 build and no- build conditions. The following conclusions were reached in the traffic study. 1.1.1 Conclusions For 2003 • The proposed developments at the levels of build -out expected in 2003 would generate approximately 6,750 vehicle -trips per day in 2003, with 860 of those trips occurring during the PM peak hour. • Only minimal impact is expected on the surrounding signalized intersections as a result of the combined development, when compared to background (i.e. "no- build" conditions in 2003). Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 2 • The intersection of CH 83 / 4th Avenue is expected to operate at LOS F under the "build" scenario in 2003. However, the addition of an eastbound right turn lane would improve operations to LOS D. When Shenandoah Business Park development reaches 20% of the total plan (assuming 100% build -out of Minnesota Valley West), this intersection is estimated to operate at LOS E, suggesting that a traffic signal would be a reasonable mitigation strategy. However, a traffic signal should not be installed at this intersection unless left turn lanes are added to CH 83. The intersection of 4 Avenue East / Shenandoah Road is expected to operate at LOS A in 2003 as an All -Way STOP condition, indicating that development generated traffic will have little adverse impact on the operation of this intersection. 1.1.2 Conclusions For 2020 • In 2020 with full build -out of both developments, the intersection of CH 83 / 4th Avenue will likely require significant reconstruction, including the addition of turn lanes on CH 83 and 4 Avenue. • 4 Avenue is not expected to meet transportation needs in 2020. Expansion to a three -lane urban section with additional lanes at major intersections appears to be a likely mitigation strategy. The intersection of 4 Avenue / Shenandoah Road would likely operate at acceptable (i.e. uncongested) levels during the PM peak hour in 2020 as an All -way STOP condition. 1.2 Mitigation Measures Mitigation of impacts to area roadways resulting from increased trips generated by the proposed development in conjunction with increased background will include changes to roadway geometrics and intersections. Modifications are listed below by project phase for the 2003 Build, and 2020 Build alternatives. 1.2.1 Phase 1- 2003 Build • Addition of an eastbound right turn lane on 4th Avenue at the intersection of 4th Avenue with CH 83. • Installation of a traffic signal at the intersection of 4th Avenue with CH 83. • Addition of a northbound left turn lane on CH 83 at the intersection of CH 83 with 4th Avenue. • Addition of a southbound right turn lane on CH 83 at the intersection of CH 83 with 4th Avenue. • Addition of raised concrete medians on CH 83. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 3 1.2.2 Phase II - 2020 Build Improvement of 4 th Avenue from CH 17 to CH 83 to a three -lane urban section with center turning lane. 1.3 Implementation Information 1.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Plan Compliance Monitoring • City project plan/master plan approvals. • City site plan approvals. • City preliminary and final plat approvals. • City building permits. • Scott County project plan review. 1.3.2 Time Frame for Implementation of Mitigation Improvements required to support development - related impacts in 2003 will be implemented in conjunction with Phase I and be completed prior to occupancy of new buildings in 2003. Improvements required to support development- related impacts in 2020 will be implemented when the demand for these improvements are warranted which will likely occur before 2020. 1.3.3 Financially Responsible Party/Parties 2003 Improvements Funding for the installation of the traffic signal at 4 th Avenue and CH 83 will be the shared between Scott County and the City of Shakopee in accordance with participation guidelines contained in the Scott County Transportation Plan. Funding of the eastbound right turn lane on 4 th Avenue, the northbound left turn lane on CH 83 and the southbound right turn lane on CH 83, along with other geometric improvements to accommodate signalization at this intersection, including right -of -way costs if required, will be derived from assessments to benefited property owners including United Land LLC and Opus Northwest, L.L.C. distributed over a 10 -year period. 2020 Improvem Funding for the improvement of 4 th Avenue to a three -lane urban section from Shenandoah Drive to CH 83 will be the responsibility of properties abutting 4 th Avenue along this segment, based upon standard City assessment policy. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 4 1 ' 2.1 Summary of Impacts The proposed developments will increase storm water runoff due to an increase in the amount of impervious surface. Storm water runoff from the proposed developments will most likely include pollutants typically associated with commercial land use and roadways. These pollutants include suspended solids, nutrients, trace metals, petroleum- derived hydrocarbons, chloride, and litter. Increased runoff resulting from additional impervious surface generally results in increased annual pollutant loadings. 2.2 Mitigation Measures 2.2.1 Shenandoah Business Park United Land will implement Best Management Practices (BMPs) to mitigate water quality impacts, including construction of two storm water basins with permanent pools that will cover 12.6 acres. This proposed project includes provisions for permanent storm water basins that meet the design guidelines identified in the MPCA manual entitled Protecting Water Quality in Urban Areas, Best Management Practices. A list of potential best management practices (Table 2.10 -1 of the MPCA manual) is included on the following page. The proposed storm water basins must also comply with the requirements of the MPCA General Storm Water Permit for Construction Activity and the criteria of the Lower Minnesota Watershed District. The basins will be designed consistent with Nationwide Urban Runoff Program (NURP) guidelines and will conform to storm drainage design criteria developed by the City. City storm drainage design criteria include pond sizing and design to accommodate both a 10 -year initial storm event and a 100 -year major storm event. Erosion and sediment control will be provided during construction in accordance with MPCA, and City requirements. The runoff from roadways will be accommodated by a storm sewer system to be constructed with the roadways. Construction of sedimentation basins is proposed for primary treatment of runoff prior to discharging into a drainage ditch. Design of these facilities will be in accordance with local City requirements. Specific BMPs to be implemented during construction included the following: 1. Construction of temporary sediment basins in the locations proposed for storm water ponding, and development of these basins for permanent use following cons_ truction. 2. For each stage of construction, erection of a silt fence installed at the construction limits prior to the initiation of earthwork and maintained until all exposed soil is stabilized. 3. Periodic cleaning of adjacent city streets. 4. Energy dissipation, such as riprap, installed at storm sewer outfalls. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 5 5. Use of cover crops, - sod, and landscaping to stabilize exposed surface soils after final grading. 6. Under stormwater ponds and in areas where enhanced infiltration practices are employed, a minimum of 2 feet of soil will be provided as required in the City of Shakopee Stormwater Management Plan or alternatives, including the use of a clay liner will be considered. 2.2.2 Minnesota Valley West Two storm water detention basins covering 7.1 acres have been constructed on the project site to accommodate runoff from existing impervious surfaces and those projected in the AUAR for the site. Opus Northwest will implement Best Management Practices as outlined above to mitigate water quality impacts during construction. 2.3 Implementation Information 2.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Plan Compliance Monitoring Shenandoah Business Park • City project master plan approval. • City site plan approval. • City of Shakopee preliminary and final plat approval. • City building permit. • Minnesota Pollution Control Agency NPDES General Storm Water Permit for Construction Activity (Shenandoah Business Park). • Lower Minnesota Watershed District Grading and Storm Water Review. Minnesota Valley West • All necessary approvals have been obtained. 2.3.2 Time Frame for Implementation of Mitigation Shenandoah Business Park Storm water ponds required to detain and pre -treat storm water runoff from the proposed development will be constructed as needed to accommodate each phase of development. The sizing and location of on -site storm water ponds will be finalized as site plans for each development phase are prepared. Sedimentation basins during construction will be provided for primary treatment of runoff prior to discharging into a drainage ditch. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 6 Minnesota Valley West Storm water ponds for the site have already been constructed. 2.3.3 Financially Responsible Party/Parties Shenandoah Business Park United Land is the responsible party for funding construction of storm water ponds and other related infrastructure required to meet applicable standards for post - development peak discharge rate and water quality treatment. United Land will also be required to execute a storm water pond maintenance agreement. Minnesota Valley West Storm water ponds have been constructed. Opus Northwest is the responsible parry for funding construction of other related storm water runoff infrastructure. 3.0 WASTEWATER 3.1 Summary of Impacts 3. 1.1 Shenandoah Business Park Wastewater generated by the proposed development will be typical domestic sewage. Based on the anticipated maximum development size and typical values for average wastewater flows expected from the type of development proposed, the average daily flow from the project is estimated to be 88,996 gallons per day. Wastewater will be routed to the trunk sanitary sewer line via connecting sanitary sewer pipes sized and constructed to appropriate specifications. The eastern portion of the subject site lies within the VIP Sanitary Sewer District and the western portion lies within the East District of the City. The City 2000 Comprehensive Sewer Plan Update estimates future average sanitary sewer flow rates at 1,500 gallons per day per acre (gpri/ac) for commercial and 1,300 gallons per day per acre (gpd/ac) for office uses within both sewer districts. The estimated 88,996 gallons per day for this 112 -acre site is well below the 156,800 gallons per day that would be predicted based on the projected flow rates contained in the Comprehensive Sewer Plan. Wastewater will eventually flow to the Blue Lake Treatment Facility operated by the Metropolitan Council. The treatment facility has a design capacity of 32 million gallons per day and currently receives about 23 million gallons per day. The estimated 88,996 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. 3.1.2 Minnesota Valley West Wastewater generated by the proposed development will be typical domestic sewage. Shenandoah Business Park and Minnesota Valley West AUARMitigation Plan August 15, 2001 Page 7 Based on the anticipated maximum development size and typical values for average wastewater flows expected from the type of development proposed, the average daily flow from the project is estimated to be 57,590 gallons per day. Wastewater will be routed as noted above. The estimated 57,590 gallons per day for this 75 -acre site is well below the 112,500 gallons per day that would be predicted based on the projected flow rates contained in the Comprehensive Sewer Plan. The estimated 57,590 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. 3.2 Mitigation Measures 3.2.1 Shenandoah Business Park Watermains, sanitary sewers, storm sewers and streets will be constructed as part of this project. The infrastructure shall be designed in accordance with applicable design standards. Upon completion, the ownership of these utilities will be transferred to the City or other public utility agency. Private utilities to be installed will include telephone, electric and gas. Watermains will be sized in accordance with Shakopee Water Utility design standards. Due to the size of the development, 12 -inch watermain will be required. Shakopee Water Utility also requires installation of a minimum of at least one trunk line in the east -west direction and two trunk lines in the north -south direction across the proposed development site. Due to the shallow bedrock formation throughout the site, the watermain and sanitary sewer will share a common trench where feasible. The City requires installation of DR18 (C900 PVC) or CL52 (DIP) for the sanitary sewer pipe in common trench situations. Approximately half of the site's lots will drain via gravity sanitary sewer to an existing sanitary sewer located in 4 th Avenue and along the eastern property line. Due to grade restraints, lots west of Shenandoah may require individual grinder pumps and a centralized publicly owned lift station or will require a significant amount of fill to elevate the building pads. Maintenance of any grinder pumps installed will be the responsibility of the individual property owner(s). 3.2.2 Minnesota Valley West Storm and sanitary sewer and water supply infrastructure is already in place to serve the existing and future buildings on the site. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 8 3.3 Implementation Information 3.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Plan Compliance Monitoring Shenandoah Business Park • City project plan/master plan approval. • City site plan approval. • City preliminary and final plat approval. • City building permit. • Minnesota Pollution Control Agency sanitary sewer extension/change permit. • Metropolitan Council review of sanitary sewer extension/change. Minnesota Valley West • All necessary approvals have been obtained. 3.3.2 Time Frame for Implementation of Mitigation Shenandoah Business Park The sewer extension will be constructed during Phase 1 of project development. Minnesota Valley West The improvements have been completed. 3.3.3 Financially Responsible Party/Parties Shenandoah Business Park A combination of funding sources will be considered including, but not limited to, state funds, tax increment financing, City capital improvement funds, or developer(s) contribution within the AUAR study area. Minnesota Valley West No additional funding is required. 4.1 Summary of Impacts 4.1.1 Shenandoah Business Park The most restrictive geologic characteristic is bedrock appearing at shallow depths coupled with coarse - textured overlying sediments. The presence of shallow bedrock needs to be considered in construction design, site grading, landscaping, and sewer siting and design. Shallow bedrock coupled with overlying coarse textured sediment suggests the presence of shallow perched water tables with a high potential for groundwater Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 9 contamination. Water movement through the overlying coarse - textured sediments would be fast and the flow path to the restrictive bedrock layer is short. 4.1.2 Minnesota Valley West The development of approximately an additional 45 acres of impervious surface on the site and the routing of storm water to detention basins is expected to limit the potential for contaminated surface water infiltration and minimize the potential for groundwater contamination. Because the geologic data for the site shows that the Prairie du Chien dolomite is known to occur within 50 feet of the land surface, the pumping level for any wells must be below the top of this unit within the project site. 4.2 Mitigation Measures 4.2.1 Shenandoah Business Park Under stormwater ponds and in areas where enhanced infiltration practices are employed, a minimum of 2 feet of soil will be provided as required in the City of Shakopee Stormwater Management Plan or alternatives, including the use of a clay liner will be considered. 4.2.2 Minnesota Valley West Storm water ponds have already been constructed on the site. According to the Geologic Atlas, "wells must be drilled deeper to tap a lower aquifer" under the geologic conditions described above. This safeguard, and the observation that most established wells within one mile of the project site record the inclusion of cement grout in their design, limit the potential for project development to affect adversely domestic or municipal wells. 4.3 Implementation Information 4.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Plan Compliance Monitoring Shenandoah Business Park • City project plan/master plan approval. • City site plan approval. • City preliminary and final plat approval. • City building permit. ZD Minnesota Valley West • All necessary approvals have been obtained. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 10 4.3.2 Time Frame for Implementation of Mitigation Shenandoah Business Park Construction of stormwater ponds will be completed during Phase I of project development. Minnesota Valley West Storm water detention basins have already been constructed on the site. 4.3.3 Financially Responsible Parry/Parties Shenandoah Business Park United Land is the responsible party for the construction of a stormwater ponds and providing adequate soil cover to minimize infiltration. Minnesota Valley West No additional funding is required. 5.1 Summary of Impacts Noise associated with construction of both projects will occur during development of the project sites. Vibration associated with blasting of bedrock will occur near those areas requiring blasting. Noise from truck operations on the site will occur along drives and truck dock areas. There is a potential for exceeding noise standards at the Goemer residence due to the proximity of truck activity on the site. Noise generated by project site traffic is exempt from state noise standards. However, no exceedances of state noise standards are anticipated along access roadways because of the project. 5.2 Mitigation Measures To control construction noise, construction equipment will be fitted with mufflers and other noise control equipment as specified by the manufacturer. Shakopee City Ordinance (10.60, subd.3 (D) limits construction activity to the hours of 7:00 am to 10 pm on weekdays and 9:00 am to 9:00 pm on weekends and holidays. To control vibrations from blasting in the vicinity of any existing structures, the blasting contractor will be required to perform preliminary tests as necessary and monitor vibrations and air blast overpressure from blasting at the nearest structure to the blast to ensure that Department of Natural Resource guidelines are not exceeded. To control noise from truck activity at the Goemer residence, potential mitigation measures include limits on the number of trucks per hour, a noise berm, or redesign of the roadway and building layout to move truck traffic away from the Goemer residence. A berm would probably Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 11 have to extend the length of the Goemer property on the north, although the exact location and height of the berm cannot be determined without an accurate truck traffic estimate. 5.3 Implementation Information 5.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Compliance Monitoring Shenandoah Business Park • City project plan/master plan approval. • City site plan approval. • City preliminary and final plat approval. • City building permit. • Minnesota Pollution Control Agency noise standards compliance. • Minnesota Department of Natural Resources Blast Vibration Limit compliance Minnesota Valley West • All necessary approvals have been obtained. 5.3.2 Time Frame for Implementation of Mitigation Construction noise mitigation will occur with each phase of project construction. 5.3.3 Financially Responsible PargvParties United Land and Opus Northwest are the responsible parties for ensuring that construction procedures will comply with City ordinances. United Land is the responsible party for construction a noise berm or project redesign where needed to ensure compliance of noise standards at the Goemer residence. 6.1 Summary of Impacts Evidence of tools and a small scatter of Prairie du Chien chert flaking debris that appears to represent the southern edge of a lithic reduction (stone tool production) area and possibly also of a larger habitation site that continued towards the river has been identified along the northern boundary of Shenandoah Business Park approximately 120 meters east of Shenandoah Drive. This evidence has been partially or largely destroyed by highway and railroad construction. The site has been recorded as Shenandoah Park. Similar evidence has been found on a number of archaeological sites that are situated along the Minnesota and Mississippi Rivers and near local Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 12 sources of Prairie du Chien chert. Some appear to have been just quarry and primary reduction sites, others are associated with evidence of seasonal habitation and other activities. None have as yet produced any ceramic evidence - a fact which suggests that they are early and predate the mound groups that also are found along these rivers. This evidence could be further destroyed by grading and construction at this location on the site. The potential exists for visual impacts from buildings and lighting on the adjacent Murphy's Landing historic site north of CH 101. 6.2 Mitigation Measures As the Shenandoah Business Park portion of this locality appears confined to a small area along the northern edge of the project site, it could probably easily be avoided and protected as a green space in the final development plan. Should this not be feasible, further study and more intensive testing will be needed in order to evaluate the significance of the site and determine whether or not it meets the criteria of eligibility for the National Register of Historic Places. To control visual impacts on Murphy's Landing north of the site, visual screening through appropriate landscaping and appropriate design of lighting on the site will be provided through landscape plans for parcels along the north boundary of the site and site and plan review by the City of Shakopee. 6.3 Implementation Information 6.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Compliance Monitoring Shenandoah Business Park • City project plan/master plan approval. • City site plan approval. • City preliminary and final plat approval. • City building permit. • Site plan review by the State Historic Preservation Office 6.3.2 Time Frame for Implementation of Mitigation Avoidance of the archaeologically sensitive area will be determined as part of the site plan and preliminary and final plat approval. Appropriate landscaping and lighting design will be prepared prior to development of the plats along the north boundary of the Shenandoah Business Park site. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 13 6.3.3 FinanciallyResponsiblePart)/ artier United Land is the responsible parry for ensuring that the archaeologically sensitive area will be avoided or that further study be made to determine whether or not it meets the criteria of eligibility for the National Register of Historic Places. 7.0 VISUAL IMPACTS 7.1 Summary of Impacts The potential for lighting impacts on the Goemer property may occur from dock areas or trucks, depending upon the location and orientation of these activities and whether or not there will be any nighttime activity at these locations. The current site plan shows a dock area approximately 150 feet north of the Goemer residence. Lights from trucks departing the dock area could also impact the Goemer property. 7.2 Mitigation Measures Lighting of buildings and dock areas throughout the project will be based upon current design standards and will comply with provisions of the Shakopee zoning ordinance. regarding light levels on adjacent properties. Visual screening and landscaping will be provided, if needed, to minimize impacts on the Goemer property from truck lights as they depart the dock area if nighttime activities are expected at this location. Redesign of the roadway and building layout to move truck traffic away from the Goemer residence can also minimize lighting impacts on the Goemer property. 7.3 Implementation Information 7.3.1 Regulatory Programs Related to Mitigation Plan Approval and Mitigation Compliance Monitoring Shenandoah Business Park • City project plan/master plan approval. • City site plan approval. • City preliminary and final plat approval. • City building permit. • City of Shakopee zoning ordinance Minnesota Valley West • All necessary approvals have been obtained. 7.3.2 Time Frame for Implementation of Mitigation Mitigation measures will be incorporated into each phase of construction as appropriate. Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 14 7.3.3 Financially Responsible Party/Parties United Land and Opus Northwest are the responsible parties for ensuring that lighting will comply with City ordinances. Assuming that nighttime truck activity can be expected on the site, United Land is the responsible party for the provision of screening or landscaping to minimize potential impacts of truck lights on the Goemer property or to design the site so as to avoid such impacts. 8.0 FUTURE ENVIRONMENTAL OR IMPACTS ANTICIPATED IN THE AUAR D MITIGATION PLAN The AUAR and mitigation plan identify potential environmental impacts and mitigation measures to avoid or mitigate identified impacts based on the best information currently available concerning planned development in the study area. However, as specific development plans are completed and more information becomes available, or as regulatory requirements change, environmental concerns or issues that differ from those addressed in the AUAR or mitigation plan may be identified. Also, new information concerning feasible and .practicable mitigation measures may be developed after adoption of this mitigation plan. In these instances, development plans will be reviewed to identify measures to avoid or mitigate potential environmental impacts consistent with the new information, while maintaining the basic intent and process identified in this mitigation plan. As required by MEQB regulations (Minn. Rules 4410.3 610, subp. 7), the AUAR and the mitigation plan will be revised if any of the specific circumstances enumerated in state regulation apply. y: \job\ 200091\ mitigation \MitigationPlan- rev0811.doc Shenandoah Business Park and Minnesota Valley West AUAR Mitigation Plan August 15, 2001 Page 15