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July 19, 2016
TENTATIVE AGENDA Shakopee City Council Regular Session 7:00 p.m. July 19, 2016 LOCATION Council Chambers City Hall 129 Holmes Street South Shakopee Mission Statement The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each agenda item. A.Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B.Positively manage the challenges and opportunities presented by growth development and change. C.Maintain the City's strong financial health. D.Maintain improve and create strong partnerships with other public and private sector entities. E.Deliver effective and efficient public services by a staff of well-trained,caring,and professional employees. F.Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Planning and Development 1. *Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel (B) B. Police and Fire C. Public Works and Engineering 1. *Accept a Railroad Agreement for Shenandoah Drive (D) 2. *Approve a Request from Northwest Asphalt Inc. for Modified Work Hours on Certain Dates for the 2016-2 Overlay Project in the Southbridge Area (D) 3. *Overhead Power Relocation on CR 79/Spencer Street by Vaughan Field (D) D. Personnel E. Parks and Recreation 1. *Declare the 2007 and 1995 Olympia Ice Resurfacers as Surplus Property (F) 2. *Acceptance of a $10,000 Donation from the Shakopee Lions Club for the Shakopee Fun For All Playground, Res. No. 7748 (A,B,D) 3. *Acceptance of Multiple $1,000.00 Donations for the Shakopee Fun For All Playground, Res. No. 7742 (A,B,D) 4. Approval of the Final Plans and Authorization to Bid the Lions Park Warming House Project No. PR2016-2, Res. No. 7750 (A,B) 5. *Approval to Extend of Work Hours for the Community Center/Ice Arena Project (F) F. General Administration 1. *City Bill List(F) 2. *City Council Minutes (F) 3. *Authorize Street Closures, Temporary 3.2 Beer License and Support to the 2016 Taste of Shakopee Hosted by the JCI of Shakopee (F) 4. *Approve a Massage Business and Massage Therapist License (F) 5. *Authorize Purchase of Laserfiche Rio Platform (B,E) 6. *Policy for Donation of Surplus City Equipment to Nonprofit Organizations, Res. No. 7747 (D,F) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Public Hearings: A. Cable Franchise Contract 7. Business removed from the Consent Agenda will be discussed at this time 8. Recess for Economic Development Authority Meeting: 9. Reconvene 10. General Business: A. Planning and Development 1. Preliminary and Final Plat of Southbridge Crossings Apartments and Conditional Use Permit for Over-height Structures, Res. No. 7749 (B) B. Public Works and EnOneerin4 1. Traffic Study Impact Review for HyVee from Bolton & Menk, Inc. (D,E) C. Parks and Recreation 11. Liaison & Administrator Reports 12. Other Business 13. Closed Session A. Closed Session for City Administrator Performance Evaluation (E) 14. Adjourn to July 25, 2016 at 7:00 p.m. PWA Consent Business 4. A. 1. TO: Mayor and City Council FROM: Mark Noble, Senior Planner DATE: 07/19/2016 SUBJECT: *Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel (B) iiiAction Sought Shakopee Gravel, Inc. is requesting that the City council accept the review of the permit for their mining operation located at 17th Avenue and Mystic Lake Drive South. Introduction Shakopee Gravel, Inc. has submitted an application for annual review of a conditional use permit (CUP) and a mineral extraction and land rehabilitation permit for their operation located at 1650 County State Aid Highway (CSAH) 83. A condition of approval includes a requirement that the permits be reviewed annually by the Board of Adjustment and Appeals and City Council. Considerations Shakopee Gravel, Inc. last received approval of an amendment to the CUP and Mineral Extraction and Land Rehabilitation Permit Renewal on February 5, 2013 (Resolution No. 7272, upholding the BOAR determination). The conditions contained in the adopted resolution are listed below with planning staff's review/comments following in italics. The Board should review the information submitted by the applicant, information provided by staff and outside reviewing agencies, as well as comments, information, and testimony provided by the public in conducting the review of this permit. The conditions of the adopted resolution are listed below, with staff's comments in italics: 1. The Shakopee Board of Adjustments and Appeals shall annually review the Permit to ensure that the Applicant is in full compliance with all provisions of the Permit. This condition is presently being met. The applicant submitted an application which complies with the condition requirement. The applicant presented an application to the BOAR on June 9, 2016. The applicant included a narrative and plans which provided an update on the amount of product removed from the site during the past year, and an updated site plan that identifies the current mining and reclamation areas. 2. The annual review of the Permit by the Board of Adjustment and Appeals shall be provided to the Shakopee City Council as an informational item. This condition will be met—staff intends to submit the review to the City Council once the BOAA has made their determination on the review. 3. Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area, and along any adjacent residential development. Security fencing has been in place for several years around the perimeter of this site. 4. Design/maintenance treatment of the berm adjacent to the residential properties along the Applicant's west property line shall be consistent with the following conditions: a. Maintenance of a 1:1 slope for the berm adjacent to the homes in Wyndam Ponds. Any areas of erosion shall be remedied and stabilized with the approved seed mix. b. Removal of the weeds using the steps outlined by the Scott County Weed Inspector. C. Stabilization of the slopes, establishment of plant/turf cover, and mowing at least once a year or as needed more than that to maintain a suitable appearance. d. Landscaping shall be maintained in accordance with the landscape plan on file in the Community Development office (June, 2006). The applicant has met the above four (4) conditions. The berm has appeared to be well maintained and the landscaping is doing well, and any plantings are replaced should they be diseased or die. 5. All operations on the Property shall be allowed from 6 a.m. - 6 p.m., Monday thru Saturday, except upon approval by the Shakopee City Council of extended hours on a temporary basis. The applicant has represented that they are in compliance with this condition, and staff has received no evidence to the contrary. 6. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse effects of dust on neighboring properties. The applicant is aware of the need to monitor the dust levels generated from their haul roads, mining activity, and equipment, and periodically utilize their watering truck for addressing this issue. They have been notified by Scott County and the City staff in the past, and Staff has again been contacted by Scott County, stating that they are experiencing a number of occurrences with sand/stone being carried out onto County Rd. 83, with it being washed down into the storm drains, which is creating a problem as the drains are filling up and are not operating to their desired capacity. This is an issue that the applicant will need to address,possibly resulting in daily sweepings of County Rd. 83. The applicant should contact Scott Countv Engineering to discuss how best address this issue. City Engineering also referenced the previous notification on keeping adjacent streets, sidewalks and trails free of any off-site sediment tracking, and that the applicant will be responsible for regular street sweeping. In the past, when these issues have arisen, the applicant has typically responded in an appropriate manner. 7. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on-site, and must be installed and maintained in accordance with State Fire Marshall Rules (Chapter 7510.3100 -7510.3280). Other fuel tanks on-site must receive permit approval from the Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no use or storage of explosives except as approved in advance as a part of this Permit. There exist two (2) diesel fuel tanks which are fastened to trailers. The trailers house the generators that run the mining equipment. These tanks are approximately 4 feet high, 6-8 feet wide and 6-8 feet deep. There do not appear to be any additional tanks since staff conducted a site visit in May, 2002. In the past, the Fire Department has commented that the property owner should: 1) provide the Fire Department with a list of tanks and tank sizes,for those tanks listed in this condition; and 2) work with the Fire Department to develop a Pre-Fire Incident Plan for the operations. 8. No direct exterior lighting shall be visible from adjacent properties or the public right-of-way. Two 125-watt high-pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan. There exist two (2) light sources; one that is located near the equipment on the floor of the mining operation and one that is located outside the scale building, which is not visible off site. 9. The Gravel Extraction Phasing Plan and the End Use Plan, as submitted by Applicant (November, 2012), shall be adhered to. Modifications will be submitted for approval to the Board of Adjustment and Appeals. The applicant has submitted the 2015 Annual Earthwork Plan, which identifies the areas that changed within the previous year. Their mining and reclamation activities are generally consistent with the phasing of the project. 10. Applicant shall establish and maintain a monitoring well on the Property for ground water quality monitoring, and if/when Shakopee Public Utilities Commission (SPDC) notices evidence of a pollutant of concern in the testing of their wells, a testing shall be conducted of the monitoring well in an effort to evaluate and either identify or eliminate whether the pollutant of concern is originating from or moving thru this property. Staff has not heard of any issues/concerns regarding pollutants and/or contaminants of the wells, nor the need for additional testing of the monitoring well. 11. Mining extraction shall not exceed a depth greater than ten (10) feet above the established ground water MSL elevation. Staff has not observed any changes to the base elevation of the mining area that would be in conflict with this condition. 12. The sanitary sewer along 17th Avenue is shown, but not approved. Future extension of 17th Avenue will determine the ultimate alignment and depth. The City Engineer shall determine and propose a mutually agreeable location and depth for the trunk sanitary sewer along 17th Avenue. Further review will occur at or before the time of submittal of a preliminary plat application for this property. 13. Access spacing to CR 16/17th Avenue and CSAH 83 will be determined by Scott County, City, and Applicant upon approval of the preliminary plat for the end use. Further review will occur at or before the time of submittal of a preliminary plat application for this property. 14. Applicant will certify that the property meets any and all standards set by the MPCA or government board that regulates mine reclamation. The applicant believes they are compliant with this condition. They constantly monitor product brought in for reclamation to ensure its quality product, and take the appropriate steps to remove any product that is not. 15. The storm sewer discharge along 17th Avenue shall not exceed the design capacity in the CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the Property will necessitate the lowering of the storm sewer along 17th Avenue. Applicant shall pay the cost of lowering this trunk line. Staff is not aware of an issue with compliance with this condition. 16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a Registered Professional Engineer or Registered Landscape Architect, and Applicant is to provide to the City on an annual basis the quantity of export and import materials. The applicant has provided the earthwork quantity calculations as required (see attached narrative letter and the Annual Earthwork Plan, which referenced the quantity of import and export materials, and identifies the location where the mining and reclamation activities have occurred within the past year). 17. Applicant shall enter into an agreement with the City in which the Applicant agrees to allow the City to enter the property and to complete the reclamation plan and to assess the City's costs to the property, should the site not be reclaimed and made available for development consistent with the End Use Plan by the Applicant. Staff and the applicant will work to ensure compliance with this condition. 18. Berming shall be installed in phases around the perimeter of the site, beginning at the northwest corner and working easterly along the north side and then working southerly adjacent to residential use areas (generally consistent with the November/December, 2012 Potential Berm Improvement, Projected Reclamation Pile Location and Existing Berm/Proposed Reclamation Pile Section Plans). This berming process shall be evaluated at the yearly review, and is subject to modification based on the evaluation. Reclamation material may be 15 feet higher than the berm (max. 40 feet), and constructed as material is made available. Shakopee Gravel did recently construct a berm along the northwest portion of the property and have seeded this berm. Staff will continue to monitor all berms to ensure they are properly seeded and will work with the applicant to see that the areas are maintained consistent with this condition. 19. The design of the berms, existing and proposed, shall comply with standards set forth by the City of Shakopee's Design Criteria. Exceptions to these requirements may be granted by the City Engineer. Planning staff will continue to monitor the berms with Engineering staff to ensure compliance with this condition. 20. All final and permanent berms, existing and proposed, shall receive a minimum of six (6) inches of top soil. The top soil, whether salvaged or imported, shall meet the requirements of select top soil borrow as defined by MnDot's specification #3877. The applicant appears to have used appropriate material and seed mix for the most recent berm/reclamation activity, and staff will continue to monitor this area to ensure compliance with all requirements. 21. The applicant shall comply with the conditions set forth in its National Pollutant and Discharge Elimination System (NPDES) permit. Staff was not made aware that there are any issues with compliance with the NPDES requirements. 22. The applicant will inspect, on a daily basis, all adjacent streets, sidewalks and trails for any off-site sediment attributable to the applicant's operation of the mine, and will conduct street sweeping as necessary or as directed by the City and/or Scott County. City and County staff will contact the applicant should either agency be made aware of issues with this condition. The applicant has responded in an appropriate manner when made aware of concerns in the past. Planning staff did receive comments from City Engineering, SPDC, and Scott County Environmental Services Dept. Those comments are attached to this report. City Engineering comments have either been referenced above in the responses listed after the conditions of approval, or are notes for future considerations. Planning staff believe the comment raised by Scott County is not an issue, and request that the applicant provide SPUC a copy of the plan they referenced in their memo, once it is available. Staff also received an e-mail from Scott County Engineering concerning the sand/gravel on County Road 83, which was referenced in the response to Condition no. 6. Staff Recommendation Staff recommends that the City Council accept the review of the permit as conditioned in approved Resolution No. 7272, and that the applicant work with SPUC and Scott County to address their concerns and/or requests. BOAA Recommendation The BOAA, by a 6-0 vote, recommended ?that the Council accept the review of this permit as conditioned in approved Resolution No. 7272. This information is being provided to the City Council as required by approved Resolution No. 7272 (see Condition no. 1). The applicant's consultant stated they have begun to develop an end use plan in anticipation of their completing their mining operation. The Board stated they appreciated the appliant's work on the end use plan and look forward to the future developmetn of this property. Action Requested Offer a motion accepting the review of the permit as conditioned in approved Resolution No. 7272, and move its approval. Attachments Resolution No. 7272 Applicant Narrative Current Site Plan 2015 Annual Earthwork Staff Memos 1- RESOLUTION NO. 7272 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA UPHOLDING THE DETERMINATION BY THE BOARD OF ADJUSTMENT AND APPEALS OF AMENDMENT NO.5 TO CONDITIONAL USE PERMIT NO. CC-376(AND SUBSEQUENT AMENDMENTS NO. 1,2,3 &4)AND THE MINERAL EXTRACTION AND LAND REHABILITATION PERMIT TO OPERATE A MINE WITHIN THE MINING OVERLAY (MIEN)ZONE WHEREAS,the City of Shakopee received an application from Shakopee Gravel, Inc., property owner and applicant, for an amendment to the Conditional Use Permit (CUP) and Mineral Extraction and Land Rehabilitation Permit originally granted by Resolution No. CC-376 under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and WHEREAS, this parcel is presently zoned Agricultural Preservation (AG) Zone with a Mining Overlay Zone(MINT):and WHEREAS,the property upon which the request was made is legally described as: The Mo rtheast Quarter of the Northwest Quarter of Section 16, Township 11514rorth, Range 22 Blest, Scott County Minnesota. Also: the West Ralf of the Xorthii?est Quarter of'Section 16, Toiimship 115 North, Range 22 TVest, Scott County, Minnesota, lying North and Easterly of the Northeasterly right of way line of the Chicago, Militijaukee, St. Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter o f Section 17 Township 115 North, Range 22 Mest, Scott County, Minnesota, lying Northeasterly of the Northeasterly right of'way line of the Chicago, Milwaukee, Sl. Paul and Pacific Railway (Property),` and - WHEREAS,notice was provided and on January 3,2013,the-Board of Adjustment and Appeals conducted a public hearing regarding the application,at which it heard from the Community Development Director and invited members of the public to comment;and WHEREAS, on January 3,2013, the Board of Adjustment and Appeals adopted resolution PC 12-015 approving the CUP application. The approval included the follo-vving conditions: 1. The Shakopee Board of Adjustments and Appeals shall annually review the Permit to ensure that the Applicant is in full compliance with all provisions of the Permit. 2. The annual review of the Permit by the Board of Adjustment and Appeals shall be provided to the Shakopee City Council as an.informational item. 3. Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area,and along any adjacent residential development. 4. Design/maintenance treatment of the berm adjacent to the residential properties along the Applicant's west property line shall be consistent with the following conditions: a. Maintenance of a 1: 1 slope for the berm adjacent to the homes in Wyndam Ponds. Any areas of erosion shall be remedied and stabilized with the approved seed mix. b. Removal of the weeds using the steps outlined by the Scott County Weed Inspector. C, Stabilization of the slopes, establishment of plan.t/turf cover, and mowing at least once a year or as needed more than that to maintain a suitable appearance. d. Landscaping shall be maintained in accordance with the landscape plan on file in the Community Development office(June,2006). 5. All operations on the Property shall be allowed.from 6 a.m.-6 p.m.,Monday thni Saturday, except upon approval by the Shakopee City Council of extended hours on a temporary basis. 6. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse effects of dust on neighboring properties. 7. Two diesel tank-, and two propane tanks for the storage of fuel shall be permitted on-site, and must be installed and maintained in accordance-Aith.State Fire Marshall Rules(Chapter 7510.3100 -7510.3280). Other fuel tanks on-site must receive permit approval from the Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no use or storage of explosives except as approved in advance as a part of this Pen-nit. 8. No direct exterior lighting shall be visible from adjacent properties or the public right-of- way.Two 125-watt high-pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan. 9. The Gravel Extraction Phasing Plan and the End Use Plan, as submitted by Applicant (November, 2012), shall be adhered to. Modifications will be submitted for approval to the Board of Adjustment and Appeals, 10. Applicant shall establish and maintain a monitoring well on the Property for ground water quality monitoring, and if/NA,,Iien Shakopee Public Utilities Commission (SPDC) notices evidence of a pollutant of concern in the testing of their wells. a testing shall be conducted of the monitoring well in an effort to evaluate and either identify or eliminate whether the pollutant of concern is originating from or moving thni this property. 11. Mining extraction shall not exceed a depth greater than ten (10) feet above the established ground water MSL elevation. 12. The sanitary sewer along 17th Avenue is shown,but not approved. Future extension of 17th Avenue NN41 determine the ultimate alignment and depth. The City Engincer shall determine and propose a mutually agreeable location and depth for the trunk sanitary sewer along 17th Avenue. 13. Access spacing to CR 16/17th Avenue and CSAR 83 will be determined by Scott County, City,and Applicant upon approval of the preliminary plat for the end use. 14. Applicant will certify that the property meets any and all standards set by the MPGA or government board that regulates mine reclamation. } 15. The storm sewer discharge along 17th Avenue shall not exceed the design capacity in the CSAR $3 trunk storm sewer as deteiinined by the City Engineer. The development of the Property will necessitate the lowering of the storm sewer along 17th Avenue. Applicant shall pay the cost of lowering this trunk line. 16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a Registered Professional Engineer or Registered Landscape Architect, and Applicant is to provide to the City on an annual basis the quantity of export and import materials. 17. Applicant shall enter into an agreement with the Cite in.which the Applicant agrees to allow the City to enter the property and to complete the reclamation plan and to assess the City's costs to the property, should the site not be reclaimed and made available for development consistent with the End Use Plan by the Applicant. 18. Berming shall be installed in phases around the perimeter of the site, beginning at the northwest corner and working easterly along the north side and then working southerly adjacent to residential use areas (generally consistent with the November/December, 2012 Potential Berni Improvement, Projected Reclamation Pile Location and Existing :Benn/Proposed Reclamation Pile Section Plans). This berming process shall be evaluated at the yearly review, and is subject to modification based on the evaluation. Reclamation material may be 15 feet higher than the berm (max. 40 feet), and constructed as material is made available. 19. The design of the berms,existing and proposed,shall comply with standards set forth by the City of Shakopee's .Design Criteria, Exceptions to these requirements may be granted by the City Engineer. 20. All final and permanent beans, existing and proposed, shall receive a minimum of six (6) inches of top soil. The top soil,whether salvaged or imported, shall meet the requirements of select top soil borrow as defined by Mn Dot's specification#3877. 21, The applicant shall comply N7,4th the conditions set forth in its National Pollutant and Discharge Elimination System(NPDES)permit. 22. The applicant will inspect,on a daily basis,all adjacent streets, sidewalks and trails for any off-site sediment attributable to the applicant's operation of the mine, and will conduct street sweeping as necessary or as directed by the City and/or Scott County, WHEREAS,on January 14,2013,Ms.Beverly Koehnen submitted an application of appeal of the Board of Adj ustment and Appeals decision:and NOW THEREFORE,BE IT RESOLVED BY TETE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: The City Council adopts the following findings of fact: Finding 111 After reviewing the evidence in the record,the City Council has concluded that with the conditions herein, the use will not be injurious to the use and enjoyment of other property in the vicinity._ Finding J42 The City Council finds that the amendment to the Permit, with the conditions herein, will not impede the normal and orderly development and improvement of surrounding property. Finding 93 Adequate utilities, access; drainage and other necessary facilities exist to serve the site. Finding ii 4 The use, tivith the conditions herein, is consistent with the purposes of the Agricultural Preservation (AG)Zone and Mining Overlay (M:IN) `Lone. Finding#S The Shakopee Board of Adjustment and Appeals did not commit any errors or omissions in its January 3, 2013 approval of the amendment to the Conditional Use Permit (CUP) and Mineral Extraction and Land Rehabilitation Permit originally granted by Resolution No. CC-376. T U BE I FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHA.KOPEE,MINNESOTA,AS FOLLOWS: That the approval by the Board of Adjustment and Appeals of the Conditional Use Permit Resolution PC No. 12-045 (amendment to the Conditional Use Permit(CUP)and Mineral Extraction and Land Rehabilitation Pemiit originally granted by Resolution No. CG-376)is hereby UPHELD. Adopted by the City Council of the City of Shakopee,Minnesota t 's 5`"day of February, 2013. Mallor, ity of Shakopee f f I ATTEST.• , Ju le Linnihan, City CIerk PREPARED BY: City of Shakopee 1,29 Holmes Street South Shakopee,TON 55379 IIS CERTIFICATION OF RESOLUTION NO. 7272 I,Julie Limzihan,City Clerk for the City of Shakopee,do hereby certify that the attached is a true and correct copy of Resolution No.7272,presented to and adapted by the City Council of'the City of Shakopee at a duly authorized meeting thereof held on the 5th day of February;2013, ws shoxxn by minutes of the meeting in my possession. Dated t' "s_ day of .2013. Juliyinnihan City Clerk SEAL Stontec Consulting Services Inc. StanteC 2335 Highway 36 West,St.Paul MN 55113-3819 April 26, 2016 File: 193801541 Board of Adjustment& Appeals C/O Mark Nobles,Senior Planner City of Shakopee 129 Holmes St.S Shakopee, Minnesota 55379-1328 Reference: Narrative to Accompany Application for the Annual Review of the Shakopee Gravel CUP Dear Board Members, It is the time of the year when we process the annual review of the Shakopee Gravel Conditional Use Permit (CUP). Working closely with Mark Noble and other staff members,we have developed a straight-forward review process. Each year we submit information documenting the respective amounts of exported and imported materials for the past year of operation. We also graphically illustrate how and where the active mining has been focused and where reclamation activity has occurred. Please refer to the attached exhibit titled 2015 Mining, Reclamation and Mitigation. Included on the right margin is a table titled;2015 Earthwork Calculation.This table summarizes the fact that a total of 121,788 yards or 164,578 tons of material were exported from the site during 2015. A total of 158,338 yards or 213,756 tons of material was imported into the property. The exhibit shows the 2014 pit edge and illustrates where mining occurred in 2015 and the current pit edge.This documents the fact that mining has progressed as proposed and is proceeding along the iterative and orderly sequence of activity that has been approved for the operation. The location of reclamation activities is also illustrated and it too is occurring as approved. This gravel mining operation is authorized by Conditional use permit No. CC-376 (and subsequent amendments 1-5).As amended, the CUP requires compliance with 22 conditions of approval. Many of those conditions relate to the manner in which the facility operates and some of them relate to this annual review process. Other conditions indicate the standards and specifications for various elements when they occur, such as berms.We have reviewed all of the conditions and we believe that Shakopee Gravel, Inc.is operating in full compliance with these conditions. Mr. Noble will conduct a site inspection to confirm this compliance. Finally, each year when we present this information we discuss the completion of the mining activities and the end use for this property.The actual rate of mining is always dependent on market conditions, but the attached exhibit clearly illustrates that the area that remains to be Design with community In rnind April 26,2016 Board of Adjustment&Appeals Page 2 of 2 i Reference: Narrative to Accompany Application for the Annual Review of the Shakopee Gravel CUP mined on the property is getting steadily smaller.We also shared with the City that as the time for reuse gets closer we ramp up the intensity of our end use planning. To this end, we undertook a comprehensive reevaluation of the End Use Plan and have refined the grading plans to add value to the future lots and to provide an amenity system throughout the core of the property. We will share this revised plan with you at the hearing and subsequently provide a copy for the City's use in updating your 2018 Comprehensive Plan. I look forward to appearing before the Board.Operations manager, Joel Speer and I will welcome the opportunity to answer any additional questions you may have at that time. Sincerely, i STANTEC CONSULTING SERVICES INC. John Shardlow, FAICP Senior Principal Phone: (651) 967-4560 Fax: (651) 636-1311 John.Shardlow@stantec.com Attachment c. 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O a m } J 0 �y f�y t3 }..' ✓c� 9v£6 3,.£ti.ZEo 60N 'n a z t srd z ry U o o U � Y 0 0 aD LL, 00 am am w0 n.MX CL a r' 0 f,�� ,,,, �� /// f I / �� //��//////� /�j,,.%rig/ �f � "irk,, � �/�%�"f��j�� � l I / (( // ll/ , � iii' �rr �� � �G ( i�j ��� i � j��ir� i „„ �,�, �� / // � iirrr� �!' l 1 � s, � �� rl �. r� ,, i", ��°��o D a; � ;, i� � �A � � �°` , i X000� �� � r � �E„��, 1/ �� �� ,. � �. �� �u��: p /i r,. � �V� I ooV°�q� '�8 riw �o, ��, 'k'I�, , � 'I��.,, ,' � ,. fi City of Shakopee Memorandum TO: Mark Noble, Senior Planner FROM: Joe Swentek, Project Engineer SUBJECT: Conditional Use Permit—Annual Review (Shakopee Gravel) PID#: 27-916010-2, 27-916011-0, 27-917002-0 CASELOG #: 16027 SUDLEDGER#: Not Applicable DATE: May 9, 2016 The application indicates a request for an annual review of a Conditional Use Permit (CUP) held by Shakopee Gravel, Inc. The property is located southwest of the intersection between 17th Avenue (County Road 16) and Mystic Lake Drive (County Road 83). The public works department has completed its review and offers the following comments at this time for the applicant and for the planning department: Public Works: 1. No comments. Natural Resources: 1. No comments. Engineering: 1. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment tracking. The applicant will be responsible for regular street sweeping. 2. Turf will be established onsite per requirements set forth by the National Pollutant Discharge and Elimination System (NPDES) permit program. 3. Erosion control measures will be installed, inspected and maintained per requirements set forth by the NPDES permit program. 4. Slopes of berms will comply with requirements set forth in the City of Shakopee's Design Criteria. H:\ENG\EMPLOYEE FOLDERS\JSwentek\Staff.Reviews\CUP\CN16027 CUP_Shak Gravel Annual Rev 050916.docx I 5. The site will comply with requirements set forth in the City of Shakopee's Comprehensive Water Resource Management Plan (CWRMP). 6. Approval of the CUP does not constitute approval of the submitted plans. i I Recommendation From the public works department's perspective, we feel the CUP can be approved, subject to the items above being attached as conditions of the approval. i 1 H:\ENG\EMPLOYEE FOLDERS\JSwentek\Staff.Reviews\CUP\CN16027 CUP_Shak Gravel Annual Rev 050916.docx / SCOTT C OUNTY MAY 16 2016 COMMUNITY DEVELOPMENT DIVISION ENVIRONMENTAL SERVICES DEPARTME - - � - GOVERNMENT CENTER 200 FOURTH AVENUE WEST i SHAKOPEE, MN 55379-1220 MEMORANDUM TO: Joel Speer, Project Manager FROM: Steve Steuber, Environmentalist II DATE: May 11, 2016 SUBJECT: Annual CUP Review PID: 27-916010-2, 27-916011-0, 27-917002-0 Thank you for the opportunity to review the annual CUP for Shakopee Gravel. The only comment we have is that according to the letter from the consultant for Shakopee Gravel is that 213,756 tons of material was imported to the property in 2015. If this material is concrete rubble or asphalt, then a solid waste license for Asphalt/Concrete Storage & Recycling Facility would be required from the Scott County Environmental Health Department. SHAKOSHAKOPEE PIC UTILITIES Nim wwwm�nwmmva!wn;�nuw!wanmamwnnuorinrmusurn!auauawrmunvisvevmwnxruw!uuuwm�umuau!vivuunm!w✓drvw,auau!uiawosrruarmatumenaurvxF,aunuwv�upvxuur�saraurerwmuuuo!aur,!wn!nrre!!u�amr!wurmHu!nnauseixa!mrurunmiavrrumswudrtmawsrmurdsu,u✓.rwwnrnnr¢xurmnuaawaiurruunrmuwrrnuiueuurnawttem!mreuurmucamnrmunaurumwanuiv!axwv!nuuwwumic ;.. " Lighting the Way - Yesterday, Today and Beyond " MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: Annual Review of CUP CASE NO: 16027 DATE: 5/17/16 COMMENTS: Shakopee Public Utilities would like to request a copy of the current reclamation plan when it is available. Post Office Box 470 �,/,, 255 Sarazin Street v, Shakopee, Minnesota 55379-0470 (952) 445-1988 /�,, Fax (952) 445-7767 ,,, www,spucweb.com Reliable Public Power Provider �00"A Consent Business 4. C. 1. TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 07/19/2016 SUBJECT: *Accept a Railroad Agreement for Shenandoah Drive (D) iii Action Sought Authorize the appropriate City officials to execute an Agreement for Improvements to existing public road at grade crossing for Shenandoah Drive with Union Pacific Railroad Company. Background City Council approved the preparation of plans and approved plans on March 2, 2016 for 4th Avenue and Shenandoah Drive, Project No. 2015-7. Included in these plans, is a trail crossing along Shenandoah Drive. The County has completed a trail along the north side of County Road (CR) 101. In order to connect the CR 101 trail with the Shenandoah Drive trail, a crossing of Union Pacific railroad tracks is necessary. Attached is an area trail map showing the new trails in this area. Attached is a drawing showing the trail connection at Shenandoah Drive. Also attached is the Agreement that the Union Pacific Railroad requires for this trail crossing. This Agreement has been reviewed by our City attorney. The Agreement is necessary for the Railroad to construct the improvement to the at grade crossing for a trail connection. Costs include the actual work (Estimated $26,710.00) and additional easement ($27,000.00) needed to construct the trail. Recommendation Staff recommends approval of the agreement in order to construct the trail improvements over the Union Pacific Railroad tracks for the trail connection at Shenandoah Drive. Budget Impact The improvement is paid out of the Capital Improvement Fund. The payment of easement is needed with the execution of the agreement. Relationship to Vision This supports Goal D: Maintain, improve and create strong partnerships with the other public and private sector entities. Requested Action Authorize the appropriate City officials to execute an Agreement for Improvements to existing public road at grade crossing for Shenandoah Drive with Union Pacific Railroad Company. Attachments Agreement Map-RR Crossing Map-Overview Map-Trail Improvements Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690 July 14, 2016 UPRR Folder No.: 2996-79 CITY OF SHAKOPEE 400 GORMAN ST SHAKOPEE MN 55379 Dear James Henderson: Attached are duplicate originals of a Public Hihway At-Grade Crossing Improvement Agreement. In the spaces marked by an"X",please execute or arrange for execution of the attached documents and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the documents for execution on behalf of the Railroad Company. Your copy of the fully executed document will be returned to you, if approved by the Railroad Company. Also,please provide a resolution or other authorization for the party executing the documents, if necessary. Payment in the amount of$27,000.00 is due and payable upon your execution of the agreement. Please include your check with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received. If you require formal billing,you may consider this letter as a formal bill. In compliance with the Internal Revenue Services'new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Sincerely yours, Kathy Nesser Manager Real Estate phone: (402) 544-8549 e-mail: klnesserkup.com wwwmpxom BUILDING AMERICA' UPRR Folder No. 2996-79 PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND CITY OF SHAKOPEE COVERING WIDENING THE EXISTING ROAD FOR ADDITION OF A TRAIL (DOT NO. 187073D) AT RAILROAD MILE POST 26.4 — MANKATO SUBDIVISION AT OR NEAR SHAKOPEE, SCOTT COUNTY, MINNESOTA UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICK Form Approved,AVP-Law UPRR Folder No.: 2996-79 UPRR Audit No. PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation,or its predecessor in interest, with a mailing address at 1400 Douglas Street,MS 1690,Omaha,Nebraska,68179-1690 ("Railroad"), and (the) CITY OF SHAKOPEE, a(n) Minnesota municipal corporation with a mailing address at 400 Gorman St, Shakopee MN 55379 ("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad's property for the existing Shenandoah Drive at-grade public road crossing, DOT No. 187073D, at Railroad's Mile Post 26.4 on it's Mankato Subdivision,in or near Shakopee, Scott County,Minnesota(hereinafter the"Roadway"). The Political Body now desires to undertake as its project(the"Project")the extension of the crossing surface by eight(8) feet on the east side to install a new trail at the existing Roadway. The existing aforementioned roadway, as reconstructed and widened is hereinafter the "Roadway" and where the Roadway crosses the Railroad's property is the"Crossing Area"in the location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof. The right of way currently used by the Political Body is not sufficient to allow for the reconstruction and widening of the road crossing. Therefore, under this Agreement, the Railroad will be granting an additional right of way right to the Political Body to facilitate the reconstruction and widening of the road crossing. The portion of Railroad's property that Political Body needs a right to use in connection with the road crossing is shown on the Detailed Print(s)marked Exhibit A-1, described in the Legal Description marked Exhibit A-2, and illustrated in the Survey marked Exhibit A-3, with each exhibit being attached hereto and hereby made a part hereof(the "Crossing Area"). The Railroad and the Political Body and entering into this agreement to cover the above. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. The exhibits below are attached hereto and hereby made a part hereof. Exhibit A Railroad Location Print File Reference Page 1 of 6 Date UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICK Form Approved,AVP-Law Exhibit A-1 Detailed Prints Exhibit A-2 Legal Description Exhibit A-3 Survey Print Exhibit B Railroad's General Terms and Conditions Exhibit C Railroad's Material and Force Account Estimate Exhibit D Railroad's Form of Contractor's Right of Entry Agreement SECTION 2. The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a part hereof. SECTION 3. The Railroad, at Political Body's expense, shall furnish all labor, material, equipment and supervision for the Roadway improvements: • Surface and signals • Engineering, and • Flagging. SECTION 4. A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate: • Surface Estimate dated May 31, 2016,in the amount of$26,710.00,marked Exhibit C, attached hereto and hereby made a part hereof(the "Estimate B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6)months from the date of the Estimate. C. The Political Body acknowledges that the Estimate does not include any estimate of other protective service costs that are to be paid by the Political Body or the Contractor in connection with other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs,the Political Body agrees that it will pay the Railroad for any costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Political Body agrees to reimburse the Railroad for one hundred percent(100%) of all actual costs incurred by the Railroad in connection with the Project including,but not limited to, actual costs of preliminary engineering review, construction inspection,procurement of materials,equipment rental,manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. File Reference Page 2 of 6 Date UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICK Form Approved,AVP-Law SECTION 5. A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering—Design, or his authorized representative, for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible for the permitting, design, details or construction of the Roadway. SECTION 6. The Railroad, at the Political Body's expense, shall maintain the crossing between the track tie ends. If,in the future,the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking,the Railroad,at Political Body's expense, shall install such replacement surfacing. SECTION 7. A. The Political Body, at its sole cost and expense,shall provide traffic control,barricades,and all detour signing for the crossing work,provide all labor,material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. B. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the track tie ends. SECTION 8. If Political Body's contractor(s) is/are performing any work described in Section 5 above, then the Political Body shall require its contractor(s)to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement attached hereto as Exhibit D. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms,provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. SECTION 9. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting File Reference Page 3 of 6 Date UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICK Form Approved,AVP-Law in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours(7:00 a.m.to 9:00 p.m.,Central Time,Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and snake arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 10. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad,as an adjacent property owner,for any and all improvements made under this agreement. SECTION 11. Covenants herein shall inure to or bind each party's successors and assigns;provided,no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express prior written consent of the Railroad. SECTION 12. The Political Body shall,when returning this agreement to the Railroad(signed),cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body,passed and approved as by law prescribed,and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. SECTION 13. The Political Body agrees to reimburse the Railroad the cost of future maintenance of the automatic grade-crossing protection within thirty(30)days of the Political Body's receipt of billing. SECTION 14. For and in consideration TWENTY SEVEN THOUSAND DOLLARS($27,000.00)to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement including all exhibits, the Railroad hereby grants to the Political Body the right to establish or reestablish, construct or reconstruct, maintain,repair and renew the road crossing over and across the Crossing Area. SECTION 15. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. If the Political Body will be receiving American Recovery and Reinvestment Act("ARRA") funding for the Project,the Political Body agrees that it is responsible in performing and completing File Reference Page 4 of 6 Date UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMERICK Form Approved,AVP-Law all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing and(ii)such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project. IN WITNESS WHEREOF,the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: DAN A. LEIS General Director Real Estate WITNESS: CITY OF SHAKOPEE By Printed Name: Title: File Reference Page 5 of 6 Date EXHIBIT A To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Railroad Location Print N W. ®E EXHIBIT "A" r RAILROAD LOCATION PRINT S FOR AN EXISTING AT GRADE SEPARATED PUBLIC ROAD CROSSING AGREEMENT Cw�i ri VI � ��,riarHa,pw DOT No. 187073D M.P. 26.4 Mankato Subdivision Shakopee, Scott County,MN At Grade Public Road Crossing. rrrr r f UNION PACIFIC RAILROAD COMPANY MANKATO SUBDIVISION RAILROAD MILE POST 26.4 SHAKOPEE,SCOTT COUNTY,MN To accompany an agreement with THE CITY OF SHAKOPEE AND ITS CONTRACTOR covering an At Grade Public Road Crossing. Folder No.2996-79 Date:June 14,2016 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CARLE. PHONE: 1-(800)336-9193 Exhibit A Railroad Location Print EXHIBIT A- 1 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Detailed Prints u� v�» 4J a 00 d cr, 0 Y u V) C� S5 Q Q Vw/ Q1 G7 fJ "U f5) RS 1 " f1 i " t " C) kt.1 U'T�,.}._, P �c y f 1 Y-, 1 �= w I �y"4 EXHIBIT A-2 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Legal Descriptions Location: City of Shakopee Railroad Project No. 1811-51 Parcel No. 1 Date: December 15, 2015 That part of the following described parcel of land in the City of Shakopee, That part of the Union Pacific Railroad within the Northwest Quarter of Section 5,Township 115, Range 22, Scott County, Minnesota. Which lies within the following permanent easement. That part of the Union Pacific Railroad within the Northwest Quarter of Section 5,Township 115, Range 22, Scott County, Minnesota,described as follows: commencing at the Southeast corner of the of the Northwest Quarter of said Section 5; thence 01 degrees 23 minutes 22 seconds West,assumed bearing along the East line of Northwest Quarter, 1670.23 feet to the southerly right of way line of said Railroad; thence h 79 degrees 58 minutes 18 seconds West, along said southerly right of way line, 949.80 feet to the point of beginning; thence north 10 degrees 00 minutes 07 seconds West, 100.00 feet to the northerly right of way line of said Railroad; thence ]North 79 degrees 58 minutes 18 seconds East, along said northerly line 15.00 feet;thence South 10 degrees 00 minutes 07 seconds East, 100.00 feet to said southerly line; thence South 79 degrees 58 minutes 18 seconds West along said southerly line, 15.00 feet to the point of beginning. llnl : ►7ri5 i� s1r14 rr/eqf (rl,u utnr t)f. It is irtir ofloli (?WY to i)wwilt ib",in/ott IoNorl io ploi•ww fh('trt�rr^;sure flm m,jws° i�Jul ii)'lllr cef."I'me3i" dcv f ibr'(1 o1jovo by itr r'miof'rIi tfomflitt or r�r'alrr(irrfiort. :JMr) OO1JllppOiai ill—rei A,iir_t(j,%t).V114imlr vs\Temporaryinternet Files\Content.IE5\4LSRU1LI\1811-51 RR EASE.docx EXHIBIT A-3 To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Survey Prints jl s r � fQlll�r t � �JI� m �„�y lY�/C7 y��r%�a✓�� a i 1. 1, V I ,r LIGENDs NOTE: BEFORE YOU BEGIN ANY WORK, SEE NEW CROSSING AREA _.�„ „�`�w�������� � AGREEMENT FOR FIBER CART I C PROVISIONS. . EXHIBIT A. EXISTING CROSSING AREA....... UNION PACIFIC RAILROAD C0MPANY SHAKOPEE, SCOTT COUNTY, MINNESOTA NEW CROSSING AREA = 1,500 SO.FT. ¢- M.P. 26. 4 — MANKATO SUB. TO ACCOMPANY AGREEMENT WITH UPRRCO.R/WI OUTLINED........ ®-------•- THE CITY OF SHAKOPEE MAP CMO V-7 / 6 CADD 0299679 SCALE: 1 " _ 100' FILENAME OFFICE OF REAL ESTATE SCAN MNV70006-299679. 71E OMAHA, NEBRASKA DATE: 6--28-2016 FILENAME PJB FILE: 0299679 EXHIBIT B To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the General Terms and Conditions UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILOING AMERICK Form Approved,AVP-Law EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing,the Political Body shall not use or permit use of the Crossing Area for railroad purposes,or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights(whether public or private), recorded or unrecorded,and also to any renewals thereof. The Political Body shall not damage,destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so,the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind(whether general, local or special)levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein,the Political Body, at its expense,will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include,without limitation,all necessary and proper highway warning devices(except those installed by the Railroad within its right of way)and all necessary drainage facilities, guard rails or barriers,and right ofwayfences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work,and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property(including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work)shall be performed and completed in a manner General Terms&Conditions Page 1 of 6 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILDING AMIERICK Form Approved,AVP-Law satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent,and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of anywork contemplated bythis Agreement or bythe failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety(90)days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall,at its own sole expense, maintain, repair,and renew, or cause to be maintained,repaired and renewed,the entire Crossing Area and Roadway,except the portions between the track tie ends,which shall be maintained by and at the expense of the Railroad. B. If, in the future,the Political Body elects to have the surfacing material between the track tie ends,or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking,the Railroad,at the Political Body's expense,shall install such replacement surfacing,and in the future,to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s)located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation,agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: General Terms&Conditions Page 2 of 6 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILOING AMERICK Form Approved,AVP-Law f R A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten(10)working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property,the Political Body,to the extent permitted by law,agrees to release,defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation,the Political Body's employees,or damage to any property or equipment(collectively the"Loss")that arises from the presence or activities of Political Body's employees on Railroad's property,except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flawing. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above,the Political Body agrees to notify the Railroad Representative at least thirty(30)working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five(25)feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),vehicle(s),or thing(s)shall be located,operated,placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging,or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation,holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5)days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty(30)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal,state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety,both as concerns the Political Body,the Political Body's agents and employees,the officers,agents, employees and property of General Terms&Conditions Page 3 of 6 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILOING AMERICK Form Approved,AVP-Law f R the Railroad and the public in general. The Political Body(without limiting the generality of the foregoing)shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations,and enactments,shall result in any fine, penalty,cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof,or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense,shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad.The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security,the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon,or to slide or fall upon any property or facilities of the Railroad;and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause,suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services,such discharge would be dangerous orwould interfere with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons,or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions,restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock,or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate General Terms&Conditions Page 4 of 6 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILOING AMERICK Form Approved,AVP-Law passageway for the waters of any streams, bodies of water and drainage facilities(either natural or artificial,and including water from the Railroad's culvert and drainage facilities),so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof,or property of others.The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m.to 9:00 p.m. Central Time, Monday through Friday, except holidays)at 1-800-336-9193(also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area,the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad,so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project,shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3)years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations orjeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION -ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, General Terms&Conditions Page 5 of 6 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING (Improvement Agreement) BUILOING AMERICK Form Approved,AVP-Law modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. General Terms&Conditions Page 6 of 6 Exhibit B EXHIBIT C To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Railroad's Material & Force Account Estimate DATE: 2016--05-31 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2016-11--29 DESCRIPTION OF WORK: SHAKOPEE, MN / SHENANDOAA DR / DOT4187073D-1 / MANKATO SUB / MP 26.40 EXTEND EXISTING ROAD CROSSING SURFACE BY 8' PROJECT WAS BUILT USING FED ADDITIVE W/ OVERHEAD AND INDIRECT 234% UPRR WILL BE REIMBURSED FOR 100% OF COST TO REPLACE THE CROSSING SURFACE BY THE LOCAL GOVERNMENT PID; 96496 AAO: MP,SUBDIV: 26.40, MANKATO SERVICE UNIT: 01 CITY: VALLEY PARK STATE: MN DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ENGINEERING WORK ENGINEERING 1241 1241 1241 FLAGGING 241 241 241 LABOR ADDITIVE 234% 4036 4036 4036 TRACK 241 241 241 ------- -------- -------- --------- -------- TOTAL ENGINEERING 5759 5759 5759 SIGNAL WORK LABOR ADDITIVE 234€ 629 629 629 SIGNAL 269 5 274 274 TOTAL SIGNAI, 898 5 903 903 TRACK & SURFACE WORK BILL PREP FEE 900 900 900 ENVIRONMENTAL PERMIT 10 10 10 FOREIGN LINE FREIGHT 74 74 74 HOMELINE FREIGHT 900 900 900 LABOR ADDITIVE 234% 9599 9599 9599 MATL STORE EXPENSE 28 28 28 RDXING 8.00 TF 6622 1842 8464 8464 SALES TAX 73 73 73 ------- -------- -------- -------- -------- TOTAL TRACK & SURFACE 16221 3827 20048 20048 ------- -------- LABOR/MATERIAL EXPENSE 22878 3832 -------- -------- RECOLLECTIBLE/UPRR EXPENSE 26710 0 ------------- ESTIMATED PROJECT COST 26710 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION, IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. �'1 h� EXHIBIT D To Public Highway At-Grade Crossing Improvement Agreement Cover Sheet for the Railroad's Form of Contractor's Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdIEWX Form Approved:AVP Law 03/01/2013 Folder No.: 2996-79 UPRR Audit No.: CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 2014, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (Name of Contractor) a corporation ("Contractor"). RECITALS: Contractor has been hired by the ("State") to perform work relating to the at-grade public road crossing with all or a portion of such work to be performed on property of Railroad in the vicinity of the Railroad's Mile Post (DOT ) on its Subdivision in or near County, California, as such location is in the general location shown on the Railroad Location Print marked Exhibit A,attached hereto and hereby made a part hereof,which work is the subject of a contract dated , 2014, between the Railroad and the State or City. The Railroad is willing to permit the Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors,officers,agents and employees,and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED, PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is Articles of Agreement Page 1 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdIEWX Form Approved:AVP Law 03/01/2013 limited to those portions of Railroad's property specifically described herein,or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D. The General Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): C. Contractor,at its own expense,shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative,or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor,at its expense, shall provide on a monthly basis a detailed schedule of work- to orkto the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein (Expit•atiott Date) Articles of Agreement Page 2 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdIEWX Form Approved:AVP Law 03/01/2013 provided,or at such time as Contractor has completed its work on Railroad's property,whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement maybe terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i)insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence,binders,policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 UPRR Folder No.: ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad,Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - CROSSINGS, COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings(including temporary haul roads)or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules,regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications,negligence,or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such Articles of Agreement Page 3 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdIEWX Form Approved:AVP Law 03/01/2013 noncompliance. ARTICLE 11 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tay ID #94-6001323) By: Kathy Nesser Manager-Real Estate (Name of Contractor) By Printed Name: Title: Articles of Agreement Page 4 of 4 N W. ®E EXHIBIT "A" r RAILROAD LOCATION PRINT S FOR AN EXISTING AT GRADE SEPARATED PUBLIC ROAD CROSSING AGREEMENT Cw�i ri VI � ��,riarHa,pw DOT No. 187073D M.P. 26.4 Mankato Subdivision Shakopee, Scott County,MN At Grade Public Road Crossing. rrrr r f UNION PACIFIC RAILROAD COMPANY MANKATO SUBDIVISION RAILROAD MILE POST 26.4 SHAKOPEE,SCOTT COUNTY,MN To accompany an agreement with THE CITY OF SHAKOPEE AND ITS CONTRACTOR covering an At Grade Public Road Crossing. Folder No.2996-79 Date:June 14,2016 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CARLE. PHONE: 1-(800)336-9193 Exhibit A Railroad Location Print UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMIERtCX Form Approved:AVP Law 03/01/2013 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS &CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor commencing its work and at least ten (10)working days in advance of proposed performance of anywork by Contractor in which any person or equipment will be within twenty-five(25)feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25)feet of any track. No work of any kind shall be performed, and no person,equipment, machinery,tool(s), material(s),vehicle(s),orthing(s)shall be located,operated, placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice,the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty(30)days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project forwhich Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given,Contractor will still be required to pay flagging charges for the five (5)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional ten (10)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain,repair, renew,use,operate, change, modify or relocate railroad tracks, roadways,signal, communication,fiber optics,or other wirelines,pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdiEI:tICK Form Approved:AVP Law 03/01/2013 B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others)and the right of Railroad to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machineryand materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have no liability to Contractor,or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours(7:00 a.m.to 9:00 p.m. Central Time, Mondaythrough Friday,except holidays)at 1-800-336-9193(also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement,Contractor shall indemnify,defend and hold Railroad harmless from and against all costs, liability and expense whatsoever(including,without limitation, attorneys'fees, court costs and expenses)arising out of any act or omission of Contractor, its agents and/or employees,that causes or contributes to(1) any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injuryto or death of any person employed by or on behalf of any telecommunications company,and/or its contractor,agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS -COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement,Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in CONTRACTOR'S RIGHT OF ENTRY Page 2 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdiEI:tICK Form Approved:AVP Law 03/01/2013 Exhibit D, hereto attached,to ensure uniformitywith the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees(individually an"Indemnified Party"or collectively"Indemnified Parties")from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs),fine or penalty(collectively, "Loss")incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party)arising out of or in any manner connected with (i)any work performed by Contractor, or(ii)any act or omission of Contractor, its officers, agents or employees, or(iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competentjurisdiction.The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. CONTRACTOR'S RIGHT OF ENTRY Page 3 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdiEI:tICK Form Approved:AVP Law 03/01/2013 Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedyfor any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements,whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT -SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as"Additional Insured"in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2)require each of its subcontractors to endorse their Commercial General Liability Policywith"Contractual Liability Railroads"ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage)for the job site; and (3)require each of its subcontractors to endorse their Business Automobile Policywith"Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site. CONTRACTOR'S RIGHT OF ENTRY Page 4 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMIERtCX Form Approved:AVP Law 03/01/2013 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing equivalent coverage) showing the project on the form schedule. B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE. Coverage must include but not be limited to: • Contractor's statutory liability under the workers'compensation laws of the state where the work is being performed. • Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage). D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must"follow form" and afford no less coverage than the primary policy. F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage),with limits of at least CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdiEI:tICK Form Approved:AVP Law 03/01/2013 $5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained bythe disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of$2,000,000. OTHER REQUIREMENTS G. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate of insurance),unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including,without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMIERtCX Form Approved:AVP Law 03/01/2013 EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. i. Hard hat that meets the American National Standard (ANSI)Z89.1 —latest revision. Hard hats should be affixed with Contractor's company logo or name. ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection,Z87.1 —latest revision. Additional eye protection must be provided to meet specificjob situations such as welding, grinding, etc. iii. Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: ■ 100 feet of a locomotive or roadway/work equipment ■ 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection —plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: i. Maintain a distance of twenty-five(25)feet to any track unless the Railroad Representative is present to authorize movements. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit D AGREEMENT Minimum Safety Requirements Form Approved:AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AAdiEI:tICK Form Approved:AVP Law 03/01/2013 ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority,which tracks may or may not be fouled,and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad's rules on Iockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25)feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety)and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. V. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under,or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. 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" r,t nwu.irw7r awu`�rxw ra`AI! dti,x«�rr!r,.; wt,. �f"; a ev,.,4,,�, �00"A Consent Business 4. C. 2. TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 07/19/2016 SUBJECT: *Approve a Request from Northwest Asphalt Inc. for Modified Work Hours on Certain Dates for the 2016-2 Overlay Project in the Southbridge Area (D) iiiAction Sought Offer a motion approving a suspension of City Code Sec. 130.45, Noise Elimination and Noise Prevention, Subd. C, Hourly Restrictions on Certain Operations, 4, allowing Northwest Asphalt to start work at 3:30 a.m. for two days for safer construction and less traffic disruption and to allow an 8 a.m. Saturday for the milling; and directing staff to publish notice of the suspension with the conditions as recommended by staff. Background The above named section of the City Code restricts the hours of operation from 7 a.m. to 10 p.m. on weekdays, and from 9 a.m. to 9 p.m. on weekends and holidays. Attached is a letter from Northwest Asphalt requesting an early start for two days located at the Southbridge Parkway and Old Carriage Court intersection starting at 3:30 a.m. and to work on Saturday to complete the milling. Northwest thru emails, is requesting an 8 a.m. start on Saturday. Staff agrees that doing the milling and paving at the Southbridge Parkway/Old Carriage Court intersection with little traffic is the best for the commercial and residential traffic. Traffic counts have indicated that traffic is lowest from 3:30 to 6:30 a.m. Northwest Asphalt needs two days with one for the milling operation and one for the paving operation. Weather permitting, the milling is scheduled for July 20 and paving on July 27. These dates could change depending on weather and other circumstances. Also, Northwest wants to start early on one Saturday to 8 a.m. to complete the milling. If Council approves the suspension, a public notice to meet the City Code requirements and notice such as a news release would be placed in the Shakopee Valley News. Recommendation Staff recommends approving the suspension of City Code Sec. 130.45, Noise Elimination and Noise Prevention, Subd. C, Hourly Restrictions on Certain Operations, per this memo, and direct staff to publish notice of the suspension terms for safer construction and less traffic disruption with the conditions as recommended by staff. Budget Impact There is no impact on budget. Relationship to Vision This supports Goal D: Maintain, improve and create strong partnerships with other public and private sector entities. Requested Action Offer a motion approving a suspension of City Code Sec. 130.45, Noise Elimination and Noise Prevention, Subd. C, Hourly Restrictions on Certain Operations, 4, allowing Northwest Asphalt to start work at 3:30 a.m. for two days for safer construction and less traffic disruption and to allow an 8 a.m. Saturday for the milling; and directing staff to publish notice of the suspension with the conditions as recommended by staff. Attachments Map Locations Letter ------------ x3ao"I Lanae kVM)4NVd 300INSHinos -VIA gO."m al"Avls aid 90,11 kVl83AOsnONlwnim 9W N —fN MONO =i 11 T-11�g-,= 3i CD cq N d5 w a ozoA ¢ l IN j 1. 0 ww 'It 10 �777 •dA IN 1 1 % w QQw z w< 6i 04, IN w u'-4 CLW J, z'. 0 z Olz W z z 000 Jz 06 Z zw j ilz 0 e-.� om Tr 20 WW z ow ";e LU M =5 Z., a (go 7w, z Q z ow -U YOU ZX ui W0 01 CL .2m N, Z zwmx .s._... 1tl :I.a 9]N'S3N> ""'"Nf"I""'� ^N'�Il al 0 ®[SIaS9mldtlL'>N�1[D sea aNxaiaM av Zu veo -.a n7'v im ne — AVM)INVd 3E)G[HaHinos-- HEM�[ ...,uw��Y��wWoa a,N�.p.s���a 9r�orr xaIa3no snoNiwniis 94oz 0 I1. 11 a jr....r _ r , it rr-n . '...f. u1 '_« ui f . I , r ' C r7 ` r 7 m t ' Lr Nw t r C s7 J.F c u � r ' (( 4 0 Z vj CL 0. cm ❑ O00 �u W -i w 0 C9 OF a o 2z� i-`I rZ-aaS w z .JW Z mO' NORTHWEST ASPHALT STAGECOACH ROAD SHAKOPEE, MN 55379-2797 PHONE: 952-445-1003 FAX; 952-445-1056 nwasphaltnet City of Shakopee Attn: Bruce Loney RE: Shakopee 2016 OL Project CP 2016-2 Northwest Asphalt is requesting modified working hours on the Southbridge Parkway portion of this job. We are requesting starting times of 3:30am for the milling and paving of the Southbridge Parkway/Old Carriage Court intersection. This will allow for construction with less traffic issues and provide for safer construction and better finished product. Milling is tentatively scheduled for Wednesday July 20,h. We would need one day with an early start for milling(July 21"or 22nd) and one day with an early start for paving(approximately July 27"' or 28"'). We are also requesting to work Saturday July 23,d for milling work if we aren't complete by July 22°d Thank you for the consideration. Lance Guentzel Project Manager Lee Latzig Project Supt �00"A Consent Business 4. C. 3. TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 07/19/2016 SUBJECT: *Overhead Power Relocation on CR 79/Spencer Street by Vaughan Field (D) iii Action Sought Approve a motion determining that the overhead power line to be relocated on CR 79/Spencer Street be underground. Background With the expansion of Vaughan Field and adding a paved parking lot, widening of CR 79/Spencer Street is necessary. With this improvement, approximately 650 feet of overhead power lines need to be relocated. Attached is a memo from Joe Adams of Shakopee Public Utilities on the relocation of power with costs on undergrounding or relocation of overhead power lines and a recommendation for the city to consider undergrounding. If the city declares the power lines to go underground, then SPU can use the Underground Relocation Fund. City code allows the Council the option to determine if the relocation of power lines be underground or remain overhead. Recommendation Staff recommends undergrounding the existing overhead power/utility lines on CR 79/Spencer Street that are to be relocated as per the memo from Joe Adams. Budget Impact None. Relationship to Vision This supports Goal D: Maintain, improve and create strong partnerships with other public and private sector entities. Requested Action Approve a motion determining that the overhead power line to be relocated on CR 79/Spencer Street be underground. Attachments Shakopee Public Utilities Memo/Maps 9b SHAKOPEE PUBLIC UTILITIES MEMORANDUM TO: Jolin Crooks, Utilities Manage FROM: Joseph D. Adams, PlanningligiLneering Director SUBJECT: CR 79/Spencer Street and Vaughan Field Overhead Facilities Relocation DATE: Julie 15, 2016 ISSUE Shakopee Public Schools is expanding Vaughan Field and adding a paved parking lot to the cast to be accessed from CR 79/Spencer Street. The new formal access will require a widening of CR 79/Spencer Street for the addition of turn and bypass lanes. The planned improvements to this section of the roadway will require the relocation of approximately 650 feet of the overhead three phase electric utility feeder line designated SS-33 and various service taps. BACKGROUND SS-33 runs along the east side of CR 79 in the project area, and consists of standard overhead three phase construction with 336 all aluminum phase wire and a 1/0 neutral. DISCUSSION Staff has reviewed the construction plans for the right of way improvements and has determined: This section of SS-33 must be relocated due to the planned road improvements. The estimated cost to construct replacement overhead facilities and to remove the existing lines and power poles that have to be relocated is $31,500, including removal. The cost for construction of new overhead facilities plus removal and retirement of the existing overhead facilities that have to relocated would be absorbed as an operating expense. The estimated cost to relocate this section of SS-33 underground would be approximately$54,725, including removal. The estimated cost to relocate the facilities overhead and the removal cost would be absorbed as an operating expense. Should the City Council, under their right of way management authority, order the relocated facilities be placed underground the additional cost of$23,225 ($54,725- $31,500), per Commission policy, would be funded out of the Underground Relocation Fund. In addition to the above relocation, Shakopee Schools has requested that SPU bury the overhead power lines that extend into their parcel from CR 79/Spencer Street to just West of their planned expanded concession stand and entrance plaza at Vaughan Field, This portion of the line does not have to be relocated due to the aforerneritioned roadway improvements. The school's Finance Director Mike Burlager indicated that the School District would reimburse SPU for the cost of doing so. Staff has estimated that cost to be a total of$43,240 ($31,475 underground material plus $11,765 labor and equipment costs). RECOMMENDATIONS Staff recommends: 1. The Commission accepts the estimated costs to relocate overhead facilities due to the planned CR 79/Spencer Street road improvements for the new formal access to the School District's new paved parking lot. 2. 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S '< '" ss sc � txt I .1 W _ { - X a ~F r,„ " s r .�Za2 - y ^Y s , I �}} A 1",+ r Y & Y - a11 ; y r J .,. ¢ rte > f .,. ... , . .. , POA Consent Business 4. E. 1. S11.J"K X-T„1 TO: Mayor and City Council FROM: Jamie Polley, Parks & Recreation Director DATE: 07/19/2016 SUBJECT: *Declare the 2007 and 1995 Olympia Ice Resurfacers as Surplus Property (F) iiiAction Sought To authorize the trade in of two Olympia Ice Resurfacers. Background The city currently has a 2007 and 1995 Olympia Ice Resurfacer that will be replaced in 2017. The 1995 Olympia is currently housed in the warming house of Lions Park and will be replaced in 2017 by a portable ice resurfacer that can be attached to a tractor making it easier for Public Works to move it from rink to rink. In January of 2016 the City Council authorized the purchase of two new zambonis, one of which was scheduled to replace the 2007 Olympia. The 2007 Olympia was scheduled to be surplused. Three price quotes were received for the two machines. The quotes ranged from $26,500 to $37,000. Becker Arena Products, Inc. offered$37,000 for the machines. Budget Impact The$37,000 offered from Becker Arena Products,Inc. will be placed as a credit on the City's account. To fully equip the new arena the city will purchase $24,000 worth of items from Becker Arena Products,Inc. These items include skate racks,rental skates, ice edger, etc. The remaining$13,000 will be deducted from the purchase of the locker room benches, stadia seating and rubber flooring approved by the City Council on January 19, 2016. The $37,000 saved in the FFE budget can be utilized for other needs of the project such as furniture or additional equipment. Relationship to Vision This is a housekeeping item. (F) Requested Action The Council is asked to declare the listed Olympia Ice Resurfacers as surplus property and authorize the appropriate staff to trade the machines in to Becker Arena Products,Inc. �00"A Consent Business 4. E. 2. S F 1,A ()11,',J' TO: Mayor and City Council FROM: Jamie Polley, Parks & Recreation Director DATE: 07/19/2016 SUBJECT: *Acceptance of a $10,000 Donation from the Shakopee Lions Club for the Shakopee Fun For All Playground, Res. No. 7748 (A,B,D) iiiAction Sought To accept a donation from the Shakopee Lions Club for the Shakopee Fun For All Playground. Background On April 5, 2016 the City Council unanimously accepted a generous donation of$40,000 from the Shakopee Lions Club. The Lions Club is extremely committed to the success of the Inclusive Playground and again have come forward with an additional generous donation of $10,000. The additional donation is from the club's gambling proceeds. Their total significant monetary donation is now $50,000. The club is also interested in assisting to build the park and will donate their time and talents at the time of construction. Recommendation To accept the generous donations in support of the Shakopee Fun For All Playground. Budget Impact The donation helps to meet the funding goal of$400,000 to construct the inclusive playground. The City has $150,000.00 allocated for the renovation of Lions Park playground in the park asset fund for 2016. In addition, the Fun for All Task Force is currently working to fundraise approximately $200,000 through monetary and in-kind donations. To date the total amount of funds raised for the playground, including the city's allocation, is $292,550.00. Relationship to Vision A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B. Positively manage the challenges and opportunities presented by growth development and change. D. Maintain improve and create strong partnerships with other public and private sector entities. Requested Action If the City Council concurs, it should, by motion adopt Resolution No. 7748, a resolution of the City of Shakopee, Minnesota, accepting a $10,000.00 donation from the Shakopee Lions Club for the Shakopee Fun For All Playground. Attachments Resolution No. 7748 RESOLUTION NO. 7748 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A $10,000 DONATION FROM THE SHAKOPEE LIONS CLUB FOR THE SHAKOPEE. FUN FOR ALL PLAYGROUND. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, THE SHAKOPEE LIONS CLUB, a local service organization, has previously donated $40,000 to the Shakopee Fun For All Inclusive Playground; and WHEREAS, THE SHAKOPEE LIONS CLUB, has generously donated an additional $10,000 to the Shakopee Fun For All Inclusive Playground; and WHEREAS, such a donation will assist in constructing a unique playground that will provide a positive playing experience for all community members, young to old and of all abilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the donation is gratefully accepted; and FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 19th day of July, 2016. William Mars Mayor of the City of Shakopee ATTEST: City Clerk �00"A Consent Business 4. E. 3. TO: Mayor and City Council FROM: Jamie Polley, Parks & Recreation Director DATE: 07/19/2016 SUBJECT: *Acceptance of Multiple $1,000.00 Donations for the Shakopee Fun For All Playground, Res. No. 7742 (A,B,D) iiiAction Sought To accept multiple donations of$1000.00 for the Shakopee Fun For All Playground. Background On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions Park and authorized the fundraising efforts of the Fun For All Task Force for the park equipment. Task force members have been meeting with individuals, local business owners, corporations and various organizations. Many generous donators have come forward in many ways. Some of the donators have donated $1,000.00 to the project. Per the city requirements for donations, any monetary donation of $1,000 or more needs to be accepted by two-thirds vote of the City Council. Six significant donations of$1,000 have been received from individuals and businesses who are wonderful supporters of the community. The donators include Randy and Lisa Kubes, Cub Foods, Hennen's Auto Service, Pizza Ranch, Dave Frazier and Northland Forest Products. Recommendation To accept the generous donations in support of the Shakopee Fun For All Playground. Budget Impact The donation helps to meet the funding goal of$400,000 to construct the inclusive playground. Relationship to Vision A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B. Positively manage the challenges and opportunities presented by growth development and change. D. Maintain improve and create strong partnerships with other public and private sector entities. Requested Action If the City Council concurs, it should, by motion adopt Resolution No. 7742, a resolution of the City of Shakopee, Minnesota, accepting multiple $1,000.00 donations for the Shakopee Fun For All Playground, and move its adoption. Attachments Resolution No 7742 RESOLUTION NO. 7742 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING MULTIPLE $1,000 DONATIONS FOR THE SHAKOPEE FUN FOR ALL PLAYGROUND. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, avid supporters of the City of Shakopee have generously donated $1,000 to the Shakopee Fun For All Inclusive Playground; and WHEREAS, such donators include Randy and Lisa Kubes, Cub Foods, Hennen's Auto Service, Pizza Ranch, Dave Frazier and Northland Forest Products; and WHEREAS, donations will assist in constructing a unique playground that will provide a positive playing experience for all community members, young to old and of all abilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the donations are gratefully accepted; and FURTHER, the City staff is directed to send a letter to the donors, acknowledging receipt of the gifts and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 19th day of July, 2016. William Mars Mayor of the City of Shakopee ATTEST: City Clerk PWA General Business 4. E. 4. TO: Mayor and City Council FROM: Jamie Polley, Parks & Recreation Director DATE: 07/19/2016 SUBJECT: Approval of the Final Plans and Authorization to Bid the Lions Park Warming House Project No. PR2016-2, Res. No. 7750 (A,B) iiiAction Sought To approve the plans and specifications and order the advertisement for bids for the reconstruction of Lions Park warming house, restrooms and storage building. Background The Lions Park warming house originated as the equipment facility and restrooms for the ice bubble which was constructed in the early 1980's. The building was remodeled in 1994 to be utilized as a warming house. The building is over 35 years old and in need of repair. The replacement of the Lions Park warming house and hockey rink was approved as part of the 2016 Park Asset Fund. The hockey rink at Lions Park is used frequently by the Shakopee Youth Hockey Association, recreational skaters, cricket, soccer and a few recreation programs. The rink and surrounding area is also home of the growing Shakopee Lions Club pond hockey tournament. With the heavy use of the hockey rink and surrounding park area throughout the year the new shelter will be designed to accommodate winter warming house use as well as smaller special events year-round. The shelter is also still planned to house an additional ice resurfacer. On March 2, 2016 the City Council hired 292 Design Group to complete the final design and develop the plans and specifications in preparation for bidding of the warming house. Discussion 292 Design Group presented staff with two designs and a variety of layouts for the warming house and ice rinks. Staff presented the designs to the Parks and Recreation Advisory Board on May 9, 2016. The PRAB is recommending the attached design and park layout to the City Council for approval. Budget Impact The Park Asset Fund is a dedicated fund allocated to the maintenance, repairs and replacement of existing park and recreation facilities. The 2016 Park Asset Fund has allocated $500,000 for the design and construction of the Lions Park warming house, restrooms and storage building. The engineer's estimate of$562,969.00 is slightly higher then the allocated funding in the Park Asset Fund however staff has talked to local contractors and they feel the shelter can be constructed for less. Staff is recommending putting the project out for bid to see where the bids come in. If the bids are over the allocated funded amount, bids will be rejected and adjustments will be completed. Time line The proposed time line that staff has developed: March 2 Selection of Architect and City Council authorization to enter into contract for design services March 3 —May 4 Develop and present preliminary design concepts (3) and cost estimates to staff. Meet with user groups to incorporate comments. May 9 Present plans to Parks and Recreation Advisory Board May 10-July 15 Complete final plans and specifications July 19 Present final plans to City Council for approval and authorization to bid proj ect July 28 & Aug 4 Advertise for bids Aug 23 Bid opening Sept 6 Award construction contract Sept 19 Construction begins including demolition of existing building January 1 Building complete Relationship to Vision A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B. Positively manage the challenges and opportunities presented by growth, development and change. Requested Action If Council concurs, offer Resolution No. 7750, A Resolution of the City of Shakopee Approving Plans and Specifications and Ordering Advertisement for Bids for the Reconstruction of the Lions Park Warming House, Restroom and Storage Building, Project No. PR2016-2 and move its adoption. Attachments Resolution No. 7750 Renduring and Site Cover Sheet Drawings RESOLUTION NO. 7750 A Resolution Approving Plans and Specifications And Ordering Advertisements for Bids for the Lions Park Warming House, Restroom and Storage Building Project No. PR2016-2 WHEREAS, The City of Shakopee has hired 292 Design Group to prepare plans and specifications for the replacement of the Lions Park warming house, restroom and storage building. WHEREAS,The current warming house is 35+years old and in need of replacement. WHEREAS, The replacement of the warming house was planned for in the 2016 Park Asset Fund. WHEREAS, 292 Design Group has prepared the plans and specifications for the demolition and construction work and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications for the replacement of Lions Park warming house, restroom and storage building, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The funding amount allocated in the Park Asset Fund is $500,000 for design and construction. 3. 292 Design Group shall prepare and cause to be inserted in the official paper and online an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 2016. Mayor of the City of Shakopee ATTEST: City Clerk � p (3d01S M:at � w i LLJ 00 i4 �a - -- - - -- — - - c I w j � Y LD W Li w r „ / j Y W .•'o lid II uli �III LLJ i i �I li II , 4r r d i mw / iod 1 I V urY I r �n q „ I Y L. VV ;� �I I I I I Illi��lil�°fl r l l 0 C/) Fm LLJ Lu M LLILLJ LO am Lf) H Z a. 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E. 5. 1IAK 11-'1„ TO: Mayor and City Council FROM: Jamie Polley, Parks & Recreation Director DATE: 07/19/2016 SUBJECT: *Approval to Extend of Work Hours for the Community Center/Ice Arena Project (F) iiiAction Sought To approve a suspension of City Code Chapter 130.45,Noise Elimination and Noise Prevention, C. Hourly Restrictions on Certain Operations for extended work hours for the Community Center/Ice Arena project. Discussion Staff is requesting that City Code Chapter 130.45,Noise Elimination and Noise Prevention, C. Hourly Restrictions on Certain Operations,be suspended for certain work hours associated with the Community Center/Ice Arena project due to the forecasted heat. The above named section of the City Code restricts the hours of operation from 7:00am-10:00pm on weekdays, and from 9:00am-5:00pm on weekends and holidays. The request is to allow work to begin at 6:00am instead of 7:00am Monday-Friday and 7:00am instead of 9:00am on Saturdays and Sundays. The earlier start times would only be utilized when needed to allow the contractors,particularly the roofers to begin work when it is slightly cooler to increase their productivity or to allow the contractors to stay on schedule. Weekend work is only scheduled when absolutely needed. The work completed before 7:00am would be quiet work as to not to disrupt the neighbors. The request for the earlier start times is requested from July 20, 2016 through September 30, 2016 as needed. If approval is granted, it is understood that if property owner complaints are received by the city,the suspension can be revoked at the discretion of the City Administrator. Relationship to Vision F. Housekeeping Requested Action The City Council, if concur, approve the a suspension of City Code Chapter 130.45,Noise Elimination and Noise Prevention, C. Hourly Restrictions on Certain Operations to allow extended work hours for the Community Center/Ice Arena project. PWA Consent Business 4. F. 1. 1 i,AK(X-'„1, TO: Mayor and City Council FROM: Darin Nelson, Finance Director DATE: 07/19/2016 SUBJECT: *City Bill List (F) iiiAction Sought The following transactions are notable for this reporting cycle: •The August 1 debt service interest payments to U.S. Bank and Wells Fargo totaling $681,580.50. •American Pavement Solutions requested payment for Rout & Seal of 208,022 LF, $89,449.46. •Park Construction Company submitted pay voucher#2 for 4th Ave & Shenandoah Dr. Improvements, $373,739.23. •Thornberg Steel/Triad Metals Int'1 has submitted pay voucher #1 for steel to be used for the New City Hall project, $152,950.00. Included in the check list are various refunds, returns, and pass through. Action Requested Move to approve the bills and electronic funds transfers in the amount $3,931,824.59, payroll transfers in the amount of$514,542.88 for a total of$4,446,367.47. Attachments Monthly Financial Report Bill List Check Register Check Summary O N C71 Ln \c 00 l� M a1 00 00 00 00 \C M r O 01 r-� r- lr� \O 14� l- N N o1 00 00 M r-� N M O O \O N �t M N oo m \D o0 00 It � \C 01 �C r C1 o0 00 CN C� l O O 00 00 d1 a1 41 l o0 I�c 01 ( U 6 0- it U Ln — 01, tn M O � M 00 00 lzl- 00 Ic AO to t-- C) 00 l� \O m (:1 ,--i � N � — � �c V) O m o0 '.6 ^� O vo 4 N m N N N oo N m oo l-� vfl in 1n A OC � — — 00 N N 00 kn Ln 01 t l H M a1 Lr) OZ O O 61 N O N M N M N J N 4 m Ile oo kr� �6 vi N N N oo M 110 O 41 0o N l— l� 00 C1 �t ztO � r O M � O N O M O �c � O M Ln -- l� N N N N O O O O O O O O O O O O O O O O O O to \C \D N O Xv) t O O �z �n A 41 ol 0� O o0 N 't r- C1 � o0 01 \O O O " � 41 \O 00 \O kr� N �t � O ke) �,c zt \O kn .--� N m O 00V),--� � M N �--� O r--� M O �n 00 tn N N N ----------------------------------------------------- ----- O 00 \O O 00 \c N - M kn \O O 01 01 \O r- �D U O \fl 1:71 41 D1 01 - 01 \p — N 'I: - N O It — AD (= M — M V) M a1 M N \O kn Zt M Ln M 't V kn V C" U U i-i U a W O m a1 00 r- Ln oo M N oo O v') 01 m `O M N 17� r- 01 N vO r-: r-� O O N m O kn vc � r- oo Vn l a1 — tt vO N M kn O 41 't N O X Ln \O \O o0 m O 01 O X i. o0 o0 oo co N o0 oc vo �n m m n r- C� 00 O M N — N W 00 O Ln vO vO N N N O vO M d1 M U 41 Nkn O � � V M O Ln � M ^' O 01 Ln 4 GO 00 00 l 00 N 00 n l- N l M C/1 �z A O O N � Lr) r- l N N 61 M 't O Ac o0 00 �t r-- �� �... m r- N 00 O r- N r- V) N N Lr) 00 kr) N N � O CV C 00 4 1:71 M N N _O M l� N 0t C> kn oc\O Ap ON -- 01 M M G1 l N � O o0 Ap 00 O M M 61 N N VO 00 41 C1 .r kn 00 \O 't N �--� 00 \c .--� X M r-+ l— 't O 't 00 I \O _� 00 l� M l� M Vn M -- N Vn M N N M N \O 00 00 O +�' M 01 N N -- D oo N AO oA N N N 00 4 N C)� 00 M 00 00 AO GO kn ---a — •--+ r--i -- kn r--+ AD r--+ r'l � N O O O O O O O O O O O O O O O O O O \pgz \O M l O O 00 -- 00 11C l a1 01 Cn l kn O Cy �y �/ d1 m 00 V 0 d1 01 �/ d1 00 41 DD N 00 kn 01 It � O N � AO M N N �t 41 N 00 v m N vO O O vO r- N N N N N N H � z x w � a � ° z a z A w w d z z o Q w w a r.0 N LO --I O - N M L") l 00 -- N M -- ti Funds transferred electronically July 6, 2016 to July 19, 2016 PAYROLL $ 290,118.02 FIT/FICA $ 90,243.10 STATE INCOME TAX $ 18,053.15 PERA $ 82,171.19 HEALTH CARE SAVINGS $ 10,779.47 HEALTH SAVINGS ACCT $ 5,395.78 NATIONWIDE DEF COMP $ 11,568.01 ICMA DEFERRED COMP $ 1,904.02 MSRS $ 3,038.15 FSA $ 1,271.99 MN WAGE LEVY $ - Total $ 514,542.88 N F- (n n O Z L.L F- z Z O w 0 LLI F Z 12 z W w p z W m z J W m W U LU w d U w d d LL a Q w K U z C7 r- IL c O p Q C7 Q N Z LLLI Q Z Q W W >- W W J 2E N w (f) W ❑ `� F no F K F F Q W W Y J J Y J Q J J = U .N ❑ U Op U U U > J ca O d O CL LL d LL ❑J LL LL U a O F- U) (n U LU U Df 0 T ~ z w o. 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F. 2. TO: Mayor and City Council FROM: Lori Hensen, City Clerk DATE: 07/19/2016 SUBJECT: *City Council Minutes (F) iiiAction Sought Approve the City Council minutes from June 21, 2016 and July 5, 2016. Attachments June 212016 July 5 2016 13 R AFT OFFICIAL PROCEEDINGS OF THE S14AKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South June 21,2016 SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call Present: Mayor Bill Mars; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Bill Reynolds;Public Works Director/Engineer Bruce Loney;Finance Director Present: Darin Nelson; Parks and Recreation Director Jamie Polley; Senior Planner Kyle Sobota; Economic Development Coordinator Samantha DiMaggio; City Attorney Jim Thompson; City Clerk Lori Hensen 2. Pledge of Allegiance 3. Approval of Agenda Mr. Reynolds stated that item 6.B., Joint meeting with the E.D.A.,Revision to the City of Shakopee Subsidy policy,has a spelling error correction. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the agenda as amended. Vote: 5 -0 4. Consent Business- (All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion.Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Item 4.C.2., accept donation from Shakopee Public Utilities for 2016 city tree sale,Res.No. 7736, was removed by Cncl. Whiting for further discussion. Item 4.E.5.,Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act, Res.No. 7742, was removed by Cncl. Lehman for further discussion. Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to approve the consent agenda as modified. Vote: 5 -0 A. Planning and Development 1. *2016-2017 Electrical Inspections Agreement(F) Motion to authorize the appropriate City Officials to execute the electrical inspections contract with Terry Krominga for years 2016 and 2017. (Motion carried under the Consent Agenda.) 2. *Text Amendments to the Sign Ordinance Sections 151.185 - 151.200(F) Motion for the City Council to adopt Ordinance No. 933,approving the text amendments to the Sign Ordinance Sections 151.185-151.200. (Motion carried under the Consent Agenda.) 3. *Text Amendments to City Code sections 151.013 and 90.08 For CUP Standards in Business Zones and Encroachments into the Public Sidewalk(F) Motion for the City Council to adopt Ordinance No. 934,to approve text amendments to City Code Sections 151.013 and 90.08 for CUP standards in Business Zones, and Encroachments into the public sidewalk. (Motion carried under the Consent Agenda.) B. Police and Fire 1. *Authorize Disposal of Surplus Property-Bikes/Miscellaneous(F) Motion to declare the listed property as surplus and authorize it's disposal per City Code. (Motion carried under the Consent Agenda.) 2. *Fire Service Agreements with Louisville and Jackson Townships,Res.No. 7739 and 7740(D) Motion to approve Resolution No.7739 and 7740,the revised Fire Service Agreement with Louisville and Jackson Townships. (Motion carried under the Consent Agenda.) C. Public Works and Engineering 1. *Authorize Disposal of Miscellaneous Surplus Property(F) Motion to declare the listed items as surplus property and authorize their disposal. (Motion carried under the Consent Agenda.) 2. *Accept Donation from Shakopee Public Utilities for 2016 City Tree Sale, Res.No. 7736(A,C,D,E) Mr. Whiting thanked Administrator Crooks for the generous donation of$5,000 for the annual tree sale. Mr. John Crooks stated that he was contacted a by Jocob Busiahn a year ago about partnering for the annual tree sale. SPUC agreed to the partnership because it promoted energy efficiency and would help with tree loss caused by the emerald ash borer. The donation reduced the cost of the trees by 50%or 60%. SPUC would likely continue the partnership. Cncl.Lehman asked if the funds for the donation came from rate payers.Mr. Crooks said they came from the rate payers out of a small donations budget. Cncl. Lehman thanked the rate payers for their contribution. Mayor Mars thanked the Shakopee Public Utilities for their donation. Moved by Councilmember Jay Whiting, Seconded by Councilmember Matt Lehman to accept Res. No. 7736, accepting a$5,000 donation from Shakopee Public Utilities for sponsorship of the 2016 tree sale. Vote: 5 -0 3. *Approve a Resolution Requesting a Variance from State-Aid Rule for the 4th Avenue& Shenandoah Project No. 2015-7,Res.No. 7737(E) Motion to approve Resolution No. 7737 requesting a Variance from State-Aid Rule 8820.2800 subpart 2A for project no S.A P. 166-108-005 parenthetical to City project no. 2015-7. (Motion carried under the Consent Agenda.) D. Parks and Recreation 1. *Accepting the Work of G. Urban Companies,LLC. on the Tahpah Field Improvement Project No. PR2015-1 and Authorizing Final Payment. -Resolution No. 7735 (A) Motion to accept Resolution No. 7735,which accepts the Work of G. Urban Companies,LLC.for Tahpah Field Improvements,PR2015-1 and authorize final payment. (Motion carried under the Consent Agenda.) 2. *Acceptance of a Disc Golf Practice Basket Donation, Res.No.7743 (A,D) Motion for the City Council to adopt Resolution No. 7743 to accept the donation to the city of a disc golf practice basket. (Motion carried under the Consent agenda.) E. General Administration 1. *City Bill List(F) Motion to approve the bills and electronic transfers in the amount of$4,193,578.40 and payroll transfers in the amount of 493,555.26 for a total of$4,687,133.66. (Motion carried under the Consent Agenda.) 2. *City Council Minutes(F) Motion to approve the City Council minutes from May 17,2016. (Motion carried under the Consent Agenda). 3. *Premise Permit-American Legion Post 2 (F) Motion to approve Resolution No. 7738 to approve and adopt a Premises Permit for American Legion Post 2. (Motion carried under the Consent Agenda.) 4. *Fee Schedule Updates,Ord.No. 935 (F) Motion to adopt ordinance 935 to amend the city's adopted 2016 fee schedule. (Motion carried under the Consent Agenda.) 5. *Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act,Res.No. 7742 (B,D) Cncl. Lehman was concerned that passing this resolution would undermine the city's previous stance on the Met Council's accountability, structure and processes. Ms. Samantha DiMaggio presented. She gave a brief description and history of the program and stated that it was a voluntary program. Cities that wish to participate must pass a resolution of their intent. Tax dollars fund the program but Shakopee cannot take advantage of the grants offered i they do not participate. Ms. DiMaggio recommended that the city looks into this program to see if participation would benefit the city. In order to participate the city must do a lifecycle and affordable housing plan. There are four grant programs: 1. Tax Based Revitalization,for cleaning up brownfields. 2. Livable Communities Demonstration Account, for redevelopment of housing,jobs, services, transit, and infrastructure. 3. Local Housing Incentives Account to cover gap financing and to help with interior and exterior rehabilitation. 4. Transit Oriented Development to increase transit into an area of new development in housing,jobs shopping,and entertainment. An action plan is needed to participate and a current Maxfield study would be used to for this purpose. The plan is due to the Met Council by June 2017. Ms. DiMaggio would base the goal of the resolution on the one originally created by Michael Leek. The Met Council does not require communities to reach their goal to receive a grant. Mayor Mars asked if Ms. DiMaggio would be the one to develop the housing plan. Ms. DiMaggio stated that either she or the new Community Development Director would create the plan. Mayor Mars asked about the difference between this housing plan and the one required in the larger comp plan. Ms. DiMaggio stated they would be the same. Cncl. Whiting asked if the job and housing goals already in place would meet the goals of the Met Council.Ms.DiMaggio confirmed they would. Cncl.Lehman stated that when Shakopee became an opt-out transit provider the Met Council informed the city that any capital over 25%would go to the Met Council. He stated the city must acquire jobs that pay livable wages to deal with the other problems. Cncl. Mocol stated that the money was already leaving Shakopee through property taxes and this would be a way to bring some of that money back to the community. Cncl. Lehman stated that his concern was that the taxes should not have been paid to the Met Council in the first place. Cncl. Luce suggested that Shakopee needed to find a better balance between the quantity of jobs available and housing suitable for those workers. Discussion: Mayor Mars did not like that the Met Council required a housing action plan to apply for the grants. Cncl. Whiting understood the council's concerns about the Met Council but, as the taxes are already being paid in, Shakopee should benefit from that money by getting grants to assist with redevelopment,to assist citizens rehabilitate their homes, and to provide more transportation options. Cncl.Lehman did not think Shakopee needed help to grow faster at the expense of the tax payers when they are already on of the fastest growing cities in the country. Cncl.Luce was also concerned about the housing plan requirement. Cncl. Whiting reminded the council that they can always opt-out of the program. Mayor Mars asked Ms. DiMaggio why she was asking for a resolution now when it was not due for another year. Ms.DiMaggio stated that she would turn in the application when a resolution is passed but the city would be ineligible for funds until 2017. Mr. Reynolds said,that from an administrative perspective,he would like an opportunity to get back some of the taxes imposed on the citizens of Shakopee. Cncl.Lehman stated that the council made a resolution in February requesting that members of all seven counties either be elected or appointed by the elected.If the council chooses to participate in the Livable Communities Act,they would become partners of the Met Council. This could be perceived as sending them mixed signals of Shakopee's intent. Cncl.Luce would like to see the housing plan before he would be willing to vote to be part of the program. Mayor Mars said the marketplace should be what drives the type of housing in a community not the Met Council. He also did not want Shakopee to be directly beholden to the Met Council. Mr. Reynolds explained that Shakopee would be creating the housing action plan,not the Met Council. Cncl. Whiting stated that by participating in the Livable Communities Act it would give Shakopee an opportunity to receive grants. Cncl.Lehman was concerned that taxes would increase if Shakopee successfully applied for a grant from the Met Council. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, Res.No. 7742. Vote: 2-3 Opposed: Mayor Bill Mars Councilmember Matt Lehman Councilmember Mike Luce 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks,to air personality grievances,to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. No one responded. 6. Public Hearings: A. Cable Television Franchise for Qwest Broadband Services, Inc. d/b/a CenturyLink Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to open the public hearing. Vote: 5 - 0 Mr. Reynolds asked that this item be continued to July 5th because problems came up in the agreement with CenturyLink. Mayor Mars asked if there was anyone present who wanted to comment on the cable franchise agreement. No one responded. Moved by Councilmember Jay Whiting, Seconded by Councilmember Matt Lehman to continue the public hearing until the July 5th, 2016 City Council meeting at 7:00 pm. Vote: 5 - 0 B. Joint meeting with the EDA-Revision to the City of Shakopee Business Subsidy Policy(B,D) Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to open the Public Hearing. Vote: 5 -0 Mayor Mars stated that the Public Hearing will be joint with the EDA. The meeting will continue under the Economic Development Authority. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to close the Public Hearing. Vote: 5 - 0 Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to approve Resolution No. 7733,A Resolution Approving the amended Business Subsidy Policy. Vote: 5 -0 7. Business removed from the Consent Agenda will be discussed at this time Please see items 4.C.2. 4.E.5. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to recess for the EDA meeting. Vote: 5 - 0 9. Reconvene Moved by Councilmember Kathi Mocol, Seconded by Councilmember Matt Lehman for a 7 minute recess. Vote: 5 - 0 10. General Business: A. Planning and Development 1. Comprehensive Plan Amendment Request to Re-guide Property from Medium Density Residential to Commercial and High Density Residential and a Rezoning Request to Rezone Property from R-IB, Urban Residential to B-1,Highway Business and R-4, High Density Residential for Hy-Vee,Inc. (B) Mr. Kyle Sobota presented an application to the planning commission and now the city council from Hy-Vee,Inc. for the rezoning of approximately 24 acres at the intersection of Vierling Drive West and Adams Street South, and near the interchange of US Highway 169 and County Road 15. The proposal is for a 23.93 acre site with 16 acres zoned as highway business and 7.89 acres zoned for multifamily residential R-3 or R-4. Hy-Vee is looking to construct a 95.800 square foot grocery store, gas station, car wash, 10,000 square foot medical office building, and a 100 unit apartment building on the site. Mr. Sobota stated the land is currently zoned for R-1B,urban residential,and is guided for medium density residential in the comp plan.Medium density allows for 12 units per acre, and up to 14 units per acre with a PUD. The applicant's request is for R-4 zoning of up to 28 units per acre. The planning commission made a recommendation earlier in the month. The applicants originally proposed highway business zoning and commercial guiding on the western portion of the property of approximately 16.5 acres and high density residential for 7.4 acres.After discussions with staff and the planning commission,the applicant revised their plan to include a 100 unit apartment building with a density of 14.8 units per acre, slightly above the R-3 allowance.The applicant would market the residential land to other developers for a 100 unit apartment building. Mr. Sobota reminded the council that they are only reviewing the amendment and comp. plan for zoning. There is also an application for a plat,PUD,and conditional use permit for the property. Considerations for the development: 1.the commercial area matches the West End study and the Planning Commission recommendation, 2.the R-4 zoning is greater than what was contemplated by the city council but the applicant is agreeable to R-3 zoning, 3.with the larger residential area, a 100 unit building would be allowed under the R-3 zone, 4. a PUD is required, 5.If the storm ponds are developed into buildings the R-4 zoning would allow for 188 units.Under the R-3 density allowances the units would be capped at 100. The council could place a condition on a PUD that the residential development not exceed 100 units. Staff recommends the City Council approve the request. The Planning Commission made a unanimous recommendation. Cncl. Lehman asked which parcels of land the storm water ponds would be serving. Mr. Sobota stated that ponds A and B would serve the commercial area and C and D would serve the residential area. Cncl.Lehman asked if the ponds were included in the calculation of the acreage of the residential area.Mr. Sobota stated the ponds were included in the calculations. Cncl.Lehman asked why out-lots A and B were included in the residential property if they are serving the commercial property. Mr. Sobota explained that they could be residential property depending on how they were developed. Cncl. Mocol asked what the property tax difference would be between the R-3 and R-4 zoning. Mr. Sobota stated that property taxes would be based on the use of the property. Cncl. Lehman asked who would be paying for any road improvements. Mr. Sobota stated that the applicant did a traffic impact study submitted with the PUD application. The plan will be reviewed by a traffic engineer hired by the city. Public Works Director Loney stated he had reviewed the study and attended meetings with MnDOT and county staff regarding the site. He noted that the amount of commercial traffic expected from this development is 1/3 to 1/4 of the commercial development at the other interchanges in the city. Mayor Mars disclosed that he lives in the neighborhood being discussed and watched the Planning Commission meeting.He asked if there would be stoplights planned for Vierling Drive and how accessibility for the fire station would be handled. Mr. Loney hired a consultant to look at the traffic impact study for the city. Cncl.Lehman requested the council be shown highlights from the city's consultant when they become available.Mr.Loney said he would be willing to do so, Mayor Mars asked the council to refocus on the rezoning request before them. Mr. Phil Hoye, a representative from Hy-Vee, addressed the City Council. He stated that Hy-Vee held a neighborhood meeting and noticed a lot of concern about the residential component and traffic.He stated that the commercial property is what Hy-Vee is focusing on,while the residential component would be dealt with at a later date. Mr. Hoye explained that they were not planning on having a 200 unit apartment building and asked the council to approve the 100 units on out-lot E without the necessity of moving lot lines. Cncl.Lehman said that if the city council chooses to rezone the area for R-3 the developer must stay within that guideline. Cncl. Luce asked if Hy-Vee would be building on out-lot F or if they would be selling that property. Mr. Hoye stated they would be selling the property. Mr. Whiting asked if the council would be able to zone the property as R-4 with a cap of 100 units on the site. Mr. Thompson stated that it would not be legal to do so. Mr. Thompson asked Mr. Sobota if the legal description mentioned in the resolution was for the alternative plan being discussed. Mr. Sobota stated that they have legal descriptions for both scenarios. Mr. Sobota suggested the council could put a condition in the plat that out-lot E could only have 100 units. Mr. Thompson advised the condition be put in the PUD instead. Mr. Thompson asked if the developer would be able to build 100 units with the lower acreage. Mr. Sobota stated they would be slightly above the density for R-3 zoning but not with R-4 zoning. Mayor Mars asked if the PUD would encompass the entire development or just the residential portion. Mr. Sobota stated that, currently,the applicant is proposing one PUD for the commercial portion and a separate PUD for the residential. Mr. Sobota informed the council that to get the maximum units under an R-3 zoning,the applicant would have to get a PUD. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve Res. No. 7744 and ordinance No. 936. Res.No. 7744 approves the Comprehensive Plan Amendment re-guiding property at the southeast quadrant at the intersection of Adams Street South and Vierling Drive West from the 2030 comprehensive plan for medium density residential to both commercial and high-density residential development Ordinance No. 936 approves the rezoning from urban residential R-1B zoning to B-1 Highway business zoning and multiple family residential R-4 zoning. Discussion: Cncl.Lehman suggested they amend the motion to rezone the property to R-3. Cncl. Whiting stated that the city would be able to give the developer more units per acre with the option to cap the number of units with a PUD. Mr. Sobota informed the committee that if the property is rezoned to R-4,there would be no need for a PUD.Mr. Whiting asked if they would be able to allow for the extra zoning in R-3,with a PUD. Mr. Sobota stated that,with council action,they could. Both Cncl. Whiting and Cncl. Mocol accepted the amendment to R-3 zoning. Vote: 5 - 0 2. Preliminary&Final Plat of Prairie Meadows First Addition(B) Mr. Mark Noble presented a preliminary and final plat for Prairie Meadows First Addition off of Jennifer Lane,which the county will be paving as a complete road. The preliminary plat is for 26 single family lots. It is one 10 acre section of 40 acres zoned for rural residential development. The owners of the north 10 acres are not planning any future development, but there is a potential for future development of the southern properties. Mr.Noble,the developer,and others have developed a plan that everyone is comfortable with and was recommended unanimously by the planning commission. Changes were made to the original concept and would be added to Res.No. 7734 with the condition of council approval. Cncl.Lehman watched the park board meeting and planning commission meeting about this development.His impression was that the park board wanted 1 acre of upland park and the developer was offering only 0.8 acres of park. He said the intent of the developer was to use someone else's property for drainage and wanted to know how that would be accomplished and how the runoff would get to the holding ponds. Mr.Noble said there was originally a potential to leave a portion of the property as wetlands and orientate the park differently. The park board would like 1.04 acres of parkland, if the developer is unable to provide the 1.04 acres they will pay cash for what they are short of. If they are able to purchase the southern property,they would add to the park. Cncl.Lehman asked what size the out-lot A is currently. Mr.Noble stated it is 0.84 acres. Cncl. Lehman asked how much acreage it would be if lot 1 was taken out. Mr.Noble stated it is 115 of an acre and would be too much. Cncl. Lehman asked about the drainage issue.Mr.Noble explained that the original concern was that storm water flowed into the wetlands in the area. With the construction of Jennifer Lane and other storm water improvements,the water will flow to a pond. The increase expected increased size of the pond will be handled by installing an easement. Cncl.Lehman asked how the water would get to the southern pond.Mr. Loney explained that it would be caught by Jennifer Lane and run south and west from there. Cncl.Lehman asked if the water from Meadows Court cul-de-sac would drain north through the park. Mr. Loney stated that the water would flow underground through a catch basin in that area. Mayor Mars asked if anyone had concerns about the leapfrog development of the area. Mr.Noble mentioned said the property owner to the north attended the planning commission meeting and addressed the commission.He is aware of the development but not ready to develop his property yet. The property owners of the two southern 10 acre parcels did not have any problems with the project. Mayor Mars invited the applicant to speak. Steve Menke with Donnay Homes addressed the runoff issue first. There was some concern about how the runoff from the back of certain lots would get to the storm pipe. They have worked with the neighbor to the south and made agreements with the owner on constructing easements and installing a retaining wall. This will allow Donnay Homes to properly grade the area for future development. Cncl.Lehman asked Mr. Menke to show where the water would be going.Mr.Menke showed and explained it on the map. Cncl.Lehman asked if the enlarged park area would have water flowing through it. Mr.Menke stated they did a study on the issue and resolved it. Donnay homes would pay the cash difference for the park,which gives the city money to build the park. They have analyzed the parcel to the south and if that is developed there would be approximately 1.9 acres of parkland plus the cash that would be donated to the city. Donnay Homes did an drainage analysis for the benefit of the neighbor to the south. It was determined that, if those properties are using the grading that exists, all the runoff would eventually flow into the holding pond to the south. Discussion: Cncl.Lehman asked Ms. Polley if she was comfortable with the plan. Ms. Polley said they would prefer the full acre of parkland but under the circumstances it would be unlikely to get the amount of parkland desired and they are satisfied the applicant is donating as much land as they can without reducing the number of lots available. Cncl.Lehman asked engineering if they were comfortable with the drainage. Mr. Loney said he was happy with the plan. Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to approve Res.No. 7734, a resolution approving the preliminary and final plat of Prairie Meadows First Addition and move it's adoption. Vote: 5 -0 B. Parks and Recreation 1. Approval of a Five Year Use Agreement for the Dryland Facility within the New Shakopee Ice Arena (C, D) Ms. Polley presented a five year lease agreement for the 6,050 square foot dryland facility in the new ice arena.The park board has decided that the city would gain the most revenue by leasing the space to a third party. The third party would be responsible for build-out of the space and paying rent based on square footage. The agreement has been reviewed by the city attorneys. The cost is based on size and would increase by 5% in years 3,4,and 5.A yearly lease would begin September 2017. Etrain, located in Bloomington, already works with SY14A and is the company the park board is recommending for the facility. An opt-out was included in the agreement for both the city and ETrain and the city would renegotiate the lease after 5 years. Cncl.Whiting asked if the city would retain the multi-purpose room. Ms. Polley said they would. Mayor Mars asked why ETrain was being given a steep discount for the first few months when dryland facilities are used year round. Mr. Troy Cernia explained that the dryland season starts in September and ends around March, so the company would be unable to establish a customer base until the next peak season. Cncl.Luce was concerned that the cost per square foot was 1/3 of what other area arenas are charging.Ms. Polley explained that, after conducting a study, it was decided that$3 per square foot was equal or more to what is being charged for arenas similar to Shakopee's in the area. There are others that charge more,but their facilities are larger with larger associations using the facility. Mayor Mars noted that a higher cost could drive the dryland company out and without that revenue, the cost would be paid by the tax payers. Mayor Mars suggested the information on the study and the schematic of the facility should have been included in the meeting packet. Discussion: Cncl. Lehman asked Ms. Polley what facilities ETrain currently operates. Ms. Polley said they are in Bloomington and the St. Paul Acadamy. Cncl.Luce mentioned that the Waconia Youth Hockey Association received a $40,000 grant from Tria to build out part of the dryland training for them. He would like to see Shakopee Youth Hockey Association provide some funding for the ice arena facilities. Mayor Mars mentioned that ETrain is not only for youth training. Cncl. Lehman stated that the SY14A would be paying ETrain to use the facilty. Cncl. Whiting stated they would also be paying for their ice time. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to approve the 5 year lease agreement for ETrain, LLC for the dryland space in the new Shakopee ice arena and adoption. Vote: 4- 1 Opposed: Councilmember Mike Luce 11. Liaison&Administrator Reports Cncl. Luce had no meetings and was unable to attend a meeting with Chairman Duininck of the Met Council due to the short notice of the meeting. The meeting would be rescheduled. Cncl.Lehman attended the Hy-Vee open house and the groundbreaking at city hall. Mayor Mars attended the school district groundbreaking with Cncl.Mocol,met with the Scott County mayors, met with representatives from Warner Stellion,he also attended the fundraiser for the Fun For All playground, and attended a leadership seminar put on by the chamber, and met with Chair Duininck and Representative Deb Barber at city hall. Cncl. Whiting attended the SCALE meeting where the city of Savage and the legislators gave updates. He attended a meeting for the Diversity Alliance and noted that more donors have stepped up and staff is working to finalize the park details. The Community Center Committee met and discussed current community center programs and ways to advocate for the community center process. SPUC met and discussed water projects. Electrical crews are working on 3 small outages on County Road 16 caused by lightning. SPUC is working on lead and copper testing. SPUC received a grant from the Met Council of$50,000 for a water rewards program that will launch July 1,2016. They will also be doing an LED promotion at the SPUC facility on July 13,2016 from 4 pm to 7 pm. He attended the Fun For All event where$1,625 was raised for the park. He thanked Pizza Ranch for holding the fundraiser. Cncl.Mocol attended the city hall and school district groundbreakings. She also attended the Ford Next Generation Learning session as liaison to the city. Mr. Reynolds said that Public Works would be putting parking signs in the downtown area,raising some of the sidewalk pavers,replacing some of the wooden posts along the railroad tracks,removing tree grates from the trees that have outgrown them,and replacing wood chips. Mr.Reynolds' I year evaluation is due. The evaluation will include all members of the key leadership team,members of the city council, and 12-14 randomly chosen city employees. The evaluations will be brought before the council when completed, 12. Other Business Gus Khwice of Dangerfields contacted Mayor Mars about the water quality of the ponds near his building and in Memorial Park. He asked the mayor to find out what could be done to clean the ponds up as it may be a health concern. Mayor Mars suggested they could talk to the DNR or the pollution control industry. Cncl. Lehman suggested they start their research by looking into a 1991 state legislation that dealt with cleaning up the Minnesota river. 13. Adjourn to July 5, 2016 at 7:00 p.m. Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to adjourn to July 5, 2016 at 7:00 pm. Vote: 5 - 0 Y/ ori He S"� City Clerh Beth Lopez Recording Secretary D R A F T OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South July 5,2016 SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call Present: Mayor Bill Mars; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Bill Reynolds;Public Works Director/Engineer Bruce Loney;Finance Director Present: Darin Nelson; City Attorney Jim Thomson; City Clerk Lori Hensen;Police Chief Jeff Tate 2. Pledge of Allegiance 3. Approval of Agenda Mr. Reynolds stated the resolution for 4.D.1 will be on table. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the agenda as amended. Vote: 5 - 0 4. Consent Business- (All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Item No. 4.13.1, acceptance of a donation to the Shakopee Fire Department,was removed by Cncl. Mocol for further discussion. Item No.4.C.5,2016 trail reconstruction,was removed by Cncl. Luce for further discussion. Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce to approve the Consent Agenda with item numbers 4.13.1 and 4.C.5 removed. Vote: 5 - 0 A. Planning and Development B. Police and Fire 1. *Acceptance of a Donation to the Shakopee Fire Department(A,D) Joe Simon introduced Niko Spehn,the area manager for Centerpoint Energy who was in attendance to donate$975.00 to the Shakopee Fier Department for the purchase of 2 gas monitors. Ms. Spehn gave a brief history of Centerpoint Energy's Community Partnership Grant Program. She was pleased to present the City of Shakopee a Community Partnership Grant for$975 for the purchase of QRAE 3 Wireless gas monitor equipment. Mayor Mars thanked Ms. Spehn and Centerpoint Energy for the donation. Cncl. Whiting asked how the monitors would be used. Mr. Simon said they could be brought into buildings to detect various gases. They are stored on the trucks and brought into the buildings when needed. Mr. Simon stated that most monitors last between 3-5 years. Cncl.Lehman asked if the gas monitor is similar to the ones used in the automotive industry. Mr. Simon said they are similar, but different. Cncl.Lehman asked what kind of power source they run on. Mr. Simon stated they run off of a battery. Cncl.Luce ask if these monitors information about the location of the gas. Mr. Simon stated the Fire Department generally checks with the appropriate agencies to determine the source of a leak. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to accept the donation of$975.00 from Centerpoint Energy donation to the Shakopee Fire Department. Vote: 5 -0 2. *Request to Adopt Resolution No. 7741,Renewing the Joint Powers Agreement with Minnesota Internet Crimes Against Children Task Force and Bureau of Criminal Apprehension(D) Motion to authorize city officials to adopt Resolution No. 7741,to renew the Joint Powers Agreement with the Minnesota Internet Crimes Against Children Task Force(MICAC)and the Bureau of Criminal Apprehension(BCA). The agreement shall remain in effect through May 31, 2019. (Motion carried under the Consent Agenda.) 3. *Declare Five Forfeited Vehicles as Surplus Property(F) Motion to declare the five forfeited vehicles named as surplus property. (Motion carried under the Consent Agenda.) C. Public Works and Engineering 1. *Fleet Management Software Joint Powers Agreement,Res.No. 7746(B,D,E) Motion to approve Resolution No. 7746, authorizing the appropriate city officials to enter into a Joint Powers Agreement with Scott County, Carver County,and the City of Burnsville for the Fleet Management Software Collaboration. (Motion carried under the Consent Agenda.) 2. *Award a Bid for the 2016 Sanitary Sewer Lateral Pipe Rehabilitation Project No. 2016-6, Res.No. 7745 (E) Motion to: 1.Approve Resolution No. 7745,to accept the bid and award a contract for 2016 Sanitary Sewer Lateral Pipe Rehabilitation, Project No. 2015-4. 2. Include a contingency amount equal to 5% of the contract to cover minor change orders and quantity adjustments that may occur. 3. approve an Extension Agreement with SEH, Inc. for Construction Engineering Services. (Motion carried under the Consent Agenda.) 3. *Approve Use of Re-purchase Agreement for Unit#132--John Deere 5085 Tractor(E) Motion to authorize staff to utilize the re-purchase agreement with Ag Power Enterprises, Inc. on unit#132, a 2014 John Deere 5085 Tractor, for$6,400.00 with the funds to be expended fro the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda.) 4. *2016 Trail Sealcoat Project(A, E) Motion to accept the quote for Gopher State Sealcoat, Inc. for$39,303.00 and authorize staff to proceed with the 2016 Trail Sealcoat Project. Funds to be expended form the 2016 Park Maintenance Budget. (Motion carried under the Consent Agenda.) 5. *2016 Trail Reconstruction(A,E) Cncl. Luce asked why the bids for this project were so much over the bid of$60,000 that Public Works was looking for. Mr. Loney said it was unusual that the bids were not more competitive. The lower bid is close to the target goal and there is plenty of money in the budget to cover the extra cost. Cncl.Lehman asked what the average life of a trail is and if these trails are different then the average trail. Mr. Loney said these are heavily used park trails that were initially constructed in the early 1990's. With the improvements to trail construction over the years,the trails should last between 25-30 years. Cncl. Luce asked if unauthorized vehicles on the trails was a problem. Mr. Loney said it was not a major issue. Cncl. Lehman pointed out that most trails are constructed to allow secondary emergency access.Mr. Loney said that most damage to trails is environmental. Moved by Councilmember Mike Luce, Seconded by Councilmember Jay Whiting to accept the low quote and authorize staff to contract with Northwest Asphalt,Inc. for the 2016 trail reconstruction. Vote: 5 -0 D. Personnel 1. *Change Code for 30.08 Criminal History Background Checks, Ord.No. 937(E) Motion to adopt Ord.No. 937,to amend City Code No. 30.08, Criminal History Background Checks. (Motion carried under the Consent Agenda.) E. Parks and Recreation F. General Administration 1. *City Bill List(F) Motion to approve the bills and electronic transfers in the amount of$1,896,045.69 and payroll transfers in the amount of$547,702.30 for a total of$2,443,747.99. (Motion carried under the Consent Agenda.) 2. *Monetary Limits on Tort Liability for LMC Insurance Trust(F) Motion for the City Council to not elect elect to waive the monetary limits on tort liability, as established by Minnesota Statute 466.04. (Motion carried under the Consent Agenda.) 3. *Temporary Liquor License-Parish of St. Joachim&Anne Motion to authorize the a temporary liquor license for Julifest held by the Parish of St. Joachim & Anne. (Motion carried under the Consent Agenda.) 4. *Response to SMSC Fee to Trust Application-Tollefson Parcel(D,F) Motion to authorize the mayor to sign the attached response, on behalf of the City of Shakopee, regarding the Shakopee Mdewakanton Sioux Community's application to move the identified parcel of land into trust status. (Motion carried under the Consent Agenda.) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks,to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialog with citizens,and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. No one responded. 6. Public Hearings: A. Cable Franchise Mr. Reynolds requested this item be continued until the July 19,2016 meeting of the City council. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to continue the Cable Franchise Public Hearing until July 19,2016. Vote: 5 -0 7. Business removed from the Consent Agenda will be discussed at this time Please see items: 4.13.1 4.C.5 8. General Business: A. General Administration 1. Presentation by Bill Jaffa Mr. Reynolds introduced Mr.Bill Jaffa with the Scott County CDA. The City Council had requested Mr. Jaffa give a brief overview of his organization's activities. Mr. Jaffa gave a brief history and background of the CDA, and discussed the CDA partnership with Shakopee on the River City Center,Northridge Court, and The Henderson. Shakopee currently has the largest percentage of CDA housing in the county with 45%of the allocation of the county's Housing Choice Voucher Program. That number is expected to grow. The CDA offers project-based assistance and tenant-based assistance, a mortgage foreclosure prevention program, a homebuyers club, down payment grant assistance, First Stop Shop, Economic Incentive Program,and the TAP Grant program. Mayor Mars asked when the current Maxfield study would be available. Mr. Jaffa said a draft should be available with in the next two weeks.After the cities review the draft a final version will be adopted and presented to the cities.A commercial and industrial study will also be completed soon. Cncl.Whiting. asked Mr. Jaffa to discuss the differences between the housing voucher program and workforce housing. Mr. Jaffa first stated that the CDA is currently supporting two applications for workforce housing. Both projects would accept Housing Choice Vouchers. Mayor Mars asked if the CDA had discussed how they would handle the growing mental health concern.Mr. Jaffa stated that the CDA had begun discussions on the issue and would likely partner with the CAp Agency and Scott County to address the concern. Currently,the CDA works with the county on some transitional housing for the mentally ill that is owned by the CDA. Cncl.Lehman asked how the CDA balances the needs of tax payers who are frustrated that their taxes are going up to pay for other people's housing, particularly those who struggle to pay for their own homes. Mr. Jaffa said the question is broad but reminded the council that the CDA is not a taxing authority but created under the Minnesota State Legislature. The question should be put to those who set the tax rates. Cncl.Lehman said that while he understood that the legislatures were the ones who chose the tax rates but also understood how struggling tax payers would be unhappy about being taxed to pay for another's home, especially at the potential cost of loosing their own home. Cncl.Luce noticed that according to Mr.Jaffa's numbers that approximately$8,500.00 or$700.00 per month was being paid for rent per household through the voucher program. Mr. Jaffa explained that some households were able to pay more than others and an average of the cost would not give a full picture of the program. He suggested Cncl. Luce talk to CDA Housing Director,Julie Siegert to get a better idea of how the numbers work. Mayor Mars encouraged the council members and city staff to meet with Mr. Jaffa and thanked Mr. Jaffa for his presentation. Mr. Jaffa would welcome any dialogue with council members and staff. 2. Monthly Financial Review(C) Mr.Nelson presented the June monthly financial review. Revenues were slightly above the targeted goal of 50%for the month. The first half tax settlement was received in late June and revenue fro licenses and permits is now at 100%of the budget projection.Inter-governmental revenue is down state aid of approximately$600,000 will likely not be received until October. Miscellaneous revenues are down due to the June interest not yet posted and because the League of Minnesota Cities Insurance Trust will not be received until the end of the year. Expenditures are near the 50%goal partially due to a smaller City Council budget. However,the finance department is above the 50%mark due to a payment of$258,000 to Scott County for 2016 assessing services. Under"Other Finances" $125,000 each for the storm and sewer water funds was transferred "in"to the General Fund and$2.1 million was transferred out. These budgeted transfers occur once a year. Of the $2.1 million, $1.2 million went to the Capital Improvement Fund and$900,000 to the EDA Special Revenue Fund. Of the $900,000 to the EDA,$500,000 went to the downtown/101 corridor and $400,000 went for operations and the revolving loan. All other departments are where they should be and the city is currently under spent. The state auditors visited Shakopee in June to review the 2015 calendar year. The auditors reviewed the city's General Fund and Fund Balance Policies and stated the city was in line with what the State Auditor's office recommend. Because the city is moving into budget season,Mr.Nelson discussed the city's fund balances and the appropriate balances for each fund type. He then went over the definitions and policies of the city's fund balance and fund equity. Cncl.Luce asked if forfeiture money could only be used to process forfeitures. Mr.Nelson stated the money can be used for any forfeiture related activity. Cncl.Luce asked what percentage of the forfeiture money is given to the different governments involved.Police Chief Jeff Tate stated that 10%goes to the state,40%to the city, and 50%to the county. Mr.Nelson stated there was a significant drop in the Special Revenue fund in recent years because MVTA took over the city's public transportation.Mayor Mars asked if a$2 million+balance would no longer be needed for Special Funds. Mr.Nelson stated that a$2 million dollar balance would not likely be necessary in the future. Cncl.Lehman asked if the transportation piece was a pass through fund. Mr.Nelson stated that the city's transportation dollars now go directly of the MVTA without passing through the city first. There is a Debt Service Fund for each active bond.Due to a refunding and debt pay off,the Debt Service Fund has decreased in recent years. it is expected to grow again over the next year. Cncl.Luce asked what the expected increase to the Debt Service Funds would be. Mr.Nelson stated he was currently working on those numbers but expected it to be around $1 million of increased potential tax levy as long as franchise fees go where staff expects them to. More debt will be paid off in the near future. Cncl. Luce asked if the Debt Service Increase would be over$2 million without the franchise fees. Mr.Nelson stated the payment for the community center will be approximately$2.3 million annually. Mr.Nelson noted that a large spike in the Capital Project Funds in 2012 because there were fewer projects that year and the balance was allowed to grow.He is planning to prepare a 20 year projection for the Sewer Fund since the sewer fund is below where is should be. Mr. Lehman asked if the Sewer Fund took into account the 2015 rate increase. Mr.Nelson explained that the increase actually happened in January 2016.A number of Capital Expenditures have also caused the Sewer Fund to drop. Cncl. Whiting asked if the drop was partially due to the extended sewer reconstruction projects over the past few years. Mr.Nelson stated they had an effect but Mr. Loney assured him that Shakopee's sewer system is now in good repair and the number of large projects should decrease in the coming years. Mr. Loney stated that the sewer reconstruction was nearly completed. Mr.Nelson will also do projections for the Storm Water Fund. Mayor Mars was concerned about the future cost of maintaining storm water ponds. Mr.Nelson agreed that due to some new regulations it could be costly. Cncl. Luce asked if Mr. Loney was treating some of the storm water ponds. Mr. Loney stated that Public Works is hying a pilot project to improve the water quality of some of the larger ponds.Mr. Loney warned that some of the new regulations for storm water ponds could be particularly costly for Shakopee because of it's many outlets to the Minnesota River. There was a slight drop in the Internal Service Funds due to a 20%decrease in internal service charges on rents for buildings,equipment, and the park asset fund.Mr.Nelson would like to eliminate the decrease. Cncl.Lehman reminded Mr.Nelson that money was taken from the Building Fund to fund the new City Hall and noted that it is likely the Internal Service Fund would increase and decrease as new government buildings were developed. 9. Liaison&Administrator Reports Mr. Reynolds and Mr.Nelson will be holding listening sessions on July 13,2016 and July 14,2016 to help the general public understand the city's budget process in general and the challenges involved with this year's budget. On July 26, 2016 he would like to hold a special workshop meeting to discuss the CIP budget. Ms. Hensen stated that there would be Election Judge training in the council chambers that night. Mr. Reynolds will look for a different date and discuss it at the staff meeting. Cncl.Luce Asked Mr. Reynolds how he was planning to publish the listening sessions. Mr. Reynolds would use both internal and external mediums to get the information out. Mr. Reynolds provided the council with a copy of a collection report for Clean-up Day held on April'10,2016 Cncl.Mocol attended a final planning session of the SDA and stated they are ready for their event. Cncl.Whiting also mentioned the International Festival Mayor Mars attended the Chamber board meeting on June 22, 2016 He received several emails about fireworks over the Fourth of July holiday. He reviewed the building permit fee memo from Mr. Reynolds. He read articles in the Star Tribune about$19/hour jobs and pod housing and noted these issues could be coming before the council soon. He also mentioned the International Festival that would be held on July 8th, 2016 Cncl. Lehman attended the township meeting with a focus on infrastructure. The Met Council give a presentation on infrastructure, SPUC discussed water elevations, and Shakopee staff discussed Shakopee's sewer systems. Cncl. Luce went to the MVTA's monthly meeting where they discussed the bus service from the Mall of America to Marshall Station.and the one for all of the businesses in town. Amazon is on board with the project and already committed funds. SMSC is interested but would like to see some issues resolved first. 10. Other Business Cncl. Luce would like to discuss the fee schedule, Mr. Reynolds stated that the fee schedules are currently being looked at, at the staff level and will be brought before the council in the next few months. He stated that they were under some constraints because of a law suit but they are in the process of reviewing that. Cncl. Luce stated that he spent a day knocking on doors for the Inclusive Park Fund and everyone seems to be receiving the park very well. He talked to Mr. Samson's assistant and they have agreed to fund the city another$5,000 a year for another 3 years. 11. Adjourn to July 19, 2016 at 7:00 p.m. Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce to adjourn to July 19, 2016 at 7:00 pm. Vote: 5 - 0 L ri He se City Clerk Beth Lopez Recording Secretary PWA Consent Business 4. F. 3. TO: Mayor and City Council FROM: Lori Hensen, City Clerk DATE: 07/19/2016 SUBJECT: *Authorize Street Closures, Temporary 3.2 Beer License and Support to the 2016 Taste of Shakopee Hosted by the JCI of Shakopee (F) iiiAction Sought Authorize requested street closures, temporary beer license and support the Taste of Shakopee event hosted by the JCI of Shakopee (formerly known as the Shakopee Jaycees). Background The Taste of Shakopee event is scheduled for Friday August 5 2016 on Lewis Street between First and Second Avenue and in the 24 hour parking lot across from Bill's Toggery including the alley. The JCI of Shakopee has submitted the attached letter and a list of requests for the parking, road closures and other support from the city's various departments. JCI does not request a waiver of any city fees. JCI has applied for a temporary 3.2 beer license for the event. The application is in order. They are requesting that the council suspend city code 114.11(A) Consumption and possession on public streets, property and the like to allow patrons to drink their beer on Lewis Street and in the parking lot adjacent from Bill's Toggery. They will be putting wrist bands on persons purchasing beer at the event. All permits and fees will be collected from the JCI of Shakopee before the event. Budget Impact Staff time will be needed to drop off and pick up the supplies, prepare the area and clear the streets for the event. Most of this can be accomplished through normal working hours. Relationship to Vision Goal D: Maintain , improve and create strong partnerships with other public and private sector entities. Recommendation Approve. Requested Action Authorize requested street closures, temporary beer license, and support to the 2016 Taste of Shakopee as outlined in the attached letter. Attachments JCI Request Letter Schedule Map CIIIA Shakopee To Whom it may concern: JCI Shakopee is putting work and headway into Taste of Shakopee. Our goal this year is to make the event bigger and better than ever by spicing things up with a street dance, a larger selection of food vendors. We would like to request to host Taste of Shakopee on August 5th, 2016 from Spm to lam. • Have vendors begin setup at 3pm • Event will be open to the public at 5pm • Food vendors will operate from 5pm - 9pm • Beer garden will operate from 5:30pm - 9:30pm • Live entertainment will operate from 7/8pm - 10pm • Take down from 10pm-12am We are would also like to request several road closures to accommodate the desired additions to the event. We would like the road closures to take place no later than 12pm on August 5th, 2016 and to remain in place at least until 8am August 6th, 2016. Map is below. • Lewis St from 1st Ave E to 2nd Ave E o Food Venders • The 24hr Parking Lot across from Bill's Toggery o The stage for live entertainment, space for a dance, and a beer To go along with the requested road closures, we request blockades to be placed along the requested streets: • 1st and 2nd of Lewis Street S As well, we will need electricity activated, picnic tables to be placed along Lewis St. Thank you for your time and consideration in regards to this event. Sincerely, Tina Swanson 2015 Chairperson Taste of Shakopee .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 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CL 43J 43J CfW. u a) to (y) LL ...............................................................................................................11....................................................................................................................................................................................................................................................................................................................................................................................... N N g 7X o ww dap y +. 47 (p / `y/;. 3F ptl of u iv 0 r� MA Q C a to N m O m C) PWA Consent Business 4. F. 4. TO: Mayor and City Council FROM: Lori Hensen, City Clerk DATE: 07/19/2016 SUBJECT: *Approve a Massage Business and Massage Therapist License (F) iiiAction Sought Grant a massage therapy business license and massage therapist license to Yunxiu Li. Background Staff has received an application for a massage business license and a massage therapist license from Yunxiu Li, located at 102 First Avenue East During the customary background investigation, the Police Department has learned of nothing that would prevent the issuance of the licenses. Relationship to Vision Goal F: Housekeeping Recommended Action Grant a massage therapy business license and a massage therapist license to Yunxiu Li , 102 First Avenue East. PWA Consent Business 4. F. 5. TO: Mayor and City Council FROM: Rachel Romansky, IT Specialist DATE: 07/19/2016 SUBJECT: *Authorize Purchase of Laserfiche Rio Platform (B,E) iiiAction Sought The Council is asked to authorize the purchase of a Laserfiche platform upgrade at a cost of $35,879. Background The City has been utilizing Laserfiche software as an electronic document repository since June 2005. Since then, the use of the software, as well as the number of documents in the repository has grown exponentially. In 2010, the City upgraded the system to our current platform, Avante, which allowed us to increase the number of users. The amount of electronic data the City creates and maintains continues to grow, and the number of personnel that need access to this software has also increased. The public wants more access and transparency, and we need to provide what we can while still securing confidential or protected information. IT recommends upgrading our Laserfiche software to the Rio platform, which offers these key benefits: 1. The ability to have multiple servers and document repositories at no additional future cost. This improves our security. It would allow staff to separate external and internal data, as well as break down internal data by department. By putting data on separate servers, it allows IT to lock down access even more granularly, and makes it far easier for staff to understand who has access to which files. 2. The ability to increase public access to our public Laserfiche files. This improves the ease of public access. We are currently limited to 10 concurrent public users on our online public portal. Upgrading to Rio allows 25 concurrent users, which reduces the chance that a resident or interested party would receive a license error and be blocked from accessing what they need to review. 3. Freedom to run Laserfiche clients and servers at different version levels. This allows us to improve staff efficiency and workflow. Laserfiche version upgrades are included in our annual maintenance charges. Staff sought quotes from two Laserfiche vendors, Cities Digital and OPG-3. OPG-3 provided the lowest cost quote at $35,879, which is under the budgeted $36,221 set aside for this project. Recommendation Staff recommends authorizing the budgeted purchase of the Rio platform through OPG-3 at a cost of$35,879. Budget Impact The cost of the upgrade is $35,879. This is a planned and budgeted purchase from the IT Fund, brought forward to the Council due to the total dollar value. Requested Action The Council is asked to authorize appropriate City staff to purchase the Laserfiche Rio upgrade from OPG-3 at a cost of$35,879 from the IT Fund. Attachments OPG_Rio_Quote OPG-3,Inc. 2020 Silver Bell Road Suite#20 Eagan, MN 55122-1050 (651)233-5075 SALES QUOTE ADDRESS SALES# 1323 Rachel Romansky DATE 06/29/2016 City of Shakopee City Hall EXPIRATION DATE 07/28/2016 129 South Holmes Street Shakopee, MN 55379 SALES REP Scott Dieltz ITEM QTY RATE AMOUNT ENF01 100 700.00 70,000.00 Rio Named Full Users(100-199) ECNC100 100 35.00 3,500.00 Rio Laserfiche Connector 100-199-user match QC5 1 595.00 595.00 Rio LF Quick Fields QC4 1 2,500.00 2,500.00 Rio LF Quick Fields Basic(includes OF, Barcode, Real Time Lookup IA 1 1,500.00 1,500.00 Rio Import Agent SC01 1 165.00 165.00 Rio LF ScanConnect SC05 1 660.00 660.00 Rio LF ScanConnect 5PK SC10 1 915.00 915.00 Rio LF ScanConnect 10-pack PPM25 1 25,000.00 25,000.00 LF Rio Pilot Public Portal License-25 connections PLUS2 1 3,800.00 3,800.00 Rio Plus Publishing ENF01 B 100 140.00 14,000.00 Rio Named Full Users(100-199) LSAP, Billed Annually ECNC10013 100 7.00 700.00 Rio Laserfiche Connector 100-199 LSAP,billed annually-user match QC513 1 120.00 120.00 Rio LF Quick Fields LSAP,billed annually QC413 1 500.00 500.00 Rio LF Quick Fields Basic Package LSAP,billed annually IAB 1 300.00 300.00 Rio Import Agent LSAP,billed annually SC01 B 1 33.00 33.00 Rio LF ScanConnect Basic LSAP,billed annually-user match ITEM QTY RATE AMOUNT SC05B 1 132.00 132.00 Rio LF ScanConnect 5PK LSAP,billed annually S01 OB 1 183.00 183.00 Rio ScanConnect 10PK LSAP billed annually PPM25B 1 5,000.00 5,000.00 Rio LF Pilot Public Portal License(25 connections)LSAP,billed annually PLUS2B 1 1,600.00 1,600.00 Rio Plus-Publishing LSAP,billed annually Credit LSAP 1 -9,809.00 -9,809.00 Trade-in Upgrade Unused LSAP Credit Floating Number changes daily,see below*' Credit Software 1 -87,365.00 -87,365.00 Trade-in Upgrade Software Credit Labor 1 185.00 185.00 LF Labor(taxable) LabSoftw 1 1,665.00 1,665.00 Consulting,customization,user&admin training ""LSAP UPGRADE CREDIT:When purchased we will prorate your TOTAL $"5,87 '.00 current LSAPS and give you credit for the remainder.(As of 6/29/16 3 v 7 the credit would be$9,809.00,but figure this changes daily.) *PLEASE NOTE:Quotes are valid for 30 days' PAYMENT TERMS:Upon purchase 50%down is required to order the new Laserfiche system,and balance is due within 30 days from original invoice date."(plus sales tax if applicable) ""If tax exempt,please provide OPG3 with your Tax Exempt Certificate,at acceptance. Thank you! OPG-3 Inc. Accepted By Accepted Date �00"A Consent Business 4. F. 6. TO: Mayor and City Council FROM: William H. Reynolds, City Administrator DATE: 07/19/2016 SUBJECT: *Policy for Donation of Surplus City Equipment to Nonprofit Organizations, Res. No. 7747 (D,F) iiiAction Sought To adopt a new policy that will allow the city to donate surplus equipment to nonprofit organizations. Background In 2016, the Minnesota Legislature passed a new law authorizing a local government to donate surplus equipment to a nonprofit organization. This will ultimately be codified in part as Minnesota Statutes, Section 471.3459 (2016). Section 471.3459 defines "surplus equipment" as "equipment used by a local government public works department, and cellular phones and emergency medical and firefighting equipment that is no longer needed by the local government because it does not meet industry standards for emergency medical services, police, or fire departments, or has minimal or no resale value." A "nonprofit organization" is defined as "an organization formed under section 501(c)(3) of the Internal Revenue Code." Before surplus equipment can be donated, a city must adopt a policy on how it will determine what equipment is surplus eligible for donation and how it will determine which nonprofit organizations may receive donations. In addition, the policy must address the obligations of the local government to disclose to the nonprofit that the surplus equipment may be defective and cannot be relied upon for safety purposes. Although allowed in the State law, staff is recommending that vehicles be specifically excluded from the City of Shakopee policy. The new law also adds a new municipal tort immunity to Minnesota Statues, Section 466.03. Municipalities, including all cities, are immune from liability for any tort claim resulting from the use of surplus equipment donated by the municipality to a nonprofit organization under section 471.3459. Immunity does not apply if the claim is a direct result of fraud or intentional misrepresentation. This policy is intended to comply with the policy adoption requirement in Minnesota Statutes, Section 471.3459. The new law becomes effective on Aug. 1, 2016. Recommendation Approval. Budget Impact Minimal. Relationship to Vision D. Maintain, improve and create strong partnerships with other public and private sector entities. F. Housekeeping item. Requested Action Adoption of Resolution No. 7747, which establishes a policy to allow the city to donate surplus equipment to nonprofit organizations. Attachments Res. No. 7747 Policy for Nonprofit Donation RESOLUTION NO. 7747 A Resolution of the City of Shakopee Adopting a Policy for the Donation of Surplus Equipment to Nonprofit Organizations BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that pursuant to Minnesota Statutes, Section 471.3459, the Policy for the Donation of Surplus Equipment to Nonprofit Organizations, dated July 19, 2016 and attached hereto and made a part hereof, is hereby adopted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2016. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee Policy for Donation of Surplus Equipment to a Nonprofit Organization Purpose The purpose of this Policy is to establish procedures for the donation of Surplus Equipment by the City to a Nonprofit Organization as required by Minnesota Statue § 471.3459 (2016). Scope This policy applies to all City departments that generate Surplus Equipment and governs the actions of all City employees and officials. Definitions "City"means the City of Shakopee, Minnesota. "City Council"means the governing body of the City. "Donation"means to contribute, donate or give Surplus Equipment at no cost to a Nonprofit Organization that serves a public purpose and benefits its community as a whole. "Eligible Organization" means a Nonprofit Organization serving one or more of the following functions: cultural, historical, educational, safety, social services, environmental or economic. "Fair Market Value" means the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of all relevant facts. "Nonprofit Organization"means an organization formed under Section 501(c)(3) of the Internal Revenue Code. "Policy"means this Policy adopted by the City Council. "Surplus Equipment"means equipment used by the City's public works department, and cellular phones and emergency medical and firefighting equipment that is no longer needed by the City because it does not meet industry standards for emergency medical services,police, or fire departments or has minimal or no resale value. "Surplus Equipment Form"means the form attached as Exhibit I to this Policy that must be filled out by a Nonprofit Organization requesting a Donation of Surplus Equipment. Procedure The City shall determine all Surplus Equipment and may offer it for Donation in conformance with the following guidelines: Page 1 of 5 1. Identify Surplus Equipment. Department supervisors are responsible for monitoring their equipment and shall identify and report all Surplus Equipment to their Department Head on at least an annual basis. 2. Determine the Fair Market Value of Surplus Equipment. The Department Head shall work with City staff to determine the Fair Market Value of the Surplus Equipment. 3. City Council Declaration. The City Administrator will forward a list of the Surplus Equipment with each item's Fair Market Value to the City Council who shall approve or deny the Surplus Equipment as eligible for Donation. The City has no obligation to make a Donation of Surplus Equipment. Surplus Equipment that is not donated may be sold, recycled or discarded in the discretion of the City Administrator. 4. Donation. After the City Council has determined the Surplus Equipment is eligible for Donation, the City Administrator is responsible for coordinating the Donation of the Surplus Equipment in accordance with the terms of this Policy. Vehicles of any kind are specifically excluded from this donation policy. 5. Transfer between Departments. All Surplus Equipment must first be considered for transfer between departments for the benefit of the City. 6. Advertisement. Surplus Equipment shall be posted as eligible for Donation on the City's website. The City may also use other reasonable means to notify Eligible Organizations about the availability of Surplus Equipment. The City shall wait at least 30 days after advertising Surplus Equipment before approving any Donation. 7. Surplus Equipment Form. Eligible Organizations interested in Surplus Equipment shall fill out a Surplus Equipment Form and submit the form to the City Administrator. 8. Approval of Donation. If the Surplus Equipment has a Fair Market Value less than $5,000, the City Administrator shall approve the Donation to an Eligible Organization, subject to review by the City Council. If the Surplus Equipment has a Fair Market Value greater than $5,000, the City Council must approve the donation by a majority vote of the City Council. 9. Prioritization of Donations. If more than one Eligible Organization requests a Donation for the same Surplus Equipment, the City shall consider factors it deems relevant including how the Surplus Equipment will be used, the benefit to the Eligible Organization, the impact on the City, how the Donation will accomplish goals of the City Council, and any previous Donation to the Eligible Organization. 10. Conflict of Interest. All City employees and officials are prohibited from taking possession of any Surplus Equipment on behalf of an Eligible Organization. 11. As Is. A Donation of Surplus Equipment is made "as is"with no warranty, guarantee or representation of any kind, express or implied, as to the condition, utility, or usability of the Page 2 of 5 Surplus Equipment offered. The Surplus Equipment may be defective and cannot be relied up for safety purposes. 12. Title. The City Administrator shall cause any title or other ownership documents to be transferred to the Eligible Organization at the time of transfer. Any fees required to transfer the Surplus Equipment are the responsibility of the Eligible Organization. 13. Transportation. In the Surplus Equipment Form, the Eligible Organization must provide a detailed plan for transporting the Surplus Equipment from the City to the Eligible Organization. The Eligible Organization must pay all expenses associated with the transportation of the Surplus Equipment. 14. Dele_ag tion. The City Administrator may delegate specific responsibilities for implementing this Policy. 15. Documentation. The City Administrator shall document the Donation of all Surplus Equipment and shall keep such records in accordance with the City's Records Retention Schedule. 16. Review of Policy. The City Administrator is responsible for maintaining and reviewing this Policy. Any changes to this Policy must be approved by the City Council. Page 3 of 5 Exhibit I Surplus Equipment Form Organization Name: Organization Address: Organization Website: (Attach proof of status as a nonprofit corporation under Section 501(c)(3) of the Internal Revenue Code.) Organization Purpose: Point of Contact Name: Address: Email: Phone: City Surplus Equipment of Interest: How will the requested Surplus Equipment benefit your organization? How do you plan to transport the surplus property from the City to your location? Page 4 of 5 DISCLAIMER OF WARRANTIES. The City makes no agreement, warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for any particular purpose or use of the Surplus Equipment by the recipient or any other user. The recipient acknowledges the Surplus Equipment may be defective and that it cannot be relied upon for safety purposes. The recipient has a duty to inspect the Surplus Equipment before it is used for any purpose. The recipient acknowledges that the City is not a manufacturer of the Surplus Equipment or a dealer therein; that the Surplus Equipment is being provided"as-is" and"with all faults,"it being agreed and understood that all of the aforementioned risks are to be borne by the recipient or user of the Surplus Equipment. In no event shall the City be liable for any damages in connection with or arising out of the recipient's or any other person's or entity's use of the Surplus Equipment. I acknowledge that the Donation of any Surplus Equipment to my organization is subject to the City's Policy for Donation of Surplus Equipment to a Nonprofit Organization. I have authority to request a Donation from the City and to bind my organization to the terms of this form. Signature of Applicant Date Page 5 of 5 PWA General Business 10. A. 1. TO: Mayor and City Council FROM: Kyle Sobota, Senior Planner DATE: 07/19/2016 SUBJECT: Preliminary and Final Plat of Southbridge Crossings Apartments and Conditional Use Permit for Over-height Structures, Res. No. 7749 (B) iiiAction Sought Offer a motion approve Resolution No. 7749 approving the Preliminary and Final Plat of Southbridge Crossings Apartments and an Over-height Structure Conditional Use Permit in the R-4, High Density Residential Zone. Property Information Site Address: Unassigned, Crossings Blvd Property Owner: Shakopee Crossings LTD Partnership Property ID: 27-434002-0 Site Acreage: 12.6 Acres Zoning: R-4, High Density Residential Comp. Plan: High Density Residential Introduction Jamie Thelen, representing Sand Companies has applied for preliminary and final plat of Southbridge Crossings Apartments and a conditional use permit for over-height structures to construct three apartment buildings and a community building with a total unit count of 304 units (see attached site plan and building elevation). The applicant proposes to develop the site in 3 phases, with the intent of construction of the first phase starting later this year, with anticipated completion in 2-3 years. Background In late 2015, the City Council adopted the R-4 zoning ordinance, which allows for up to 32 units / acre density on this site, as it is eligible for a 4 unit/ acre density bonus for proximity to a transit station (R-4T). The proposed development density is 24.13 units / acre, well below what is permitted for the site. After adoption of the R-4 ordinance and standards, the City Council approved the rezoning and comprehensive plan amendment to rezone this property from B-1, Highway Business to R-4, High Density Residential and guide the property for high density residential uses. The applicant submitted the text amendment request to create the R-4 zoning district and also participated in meetings and workshops during the review of the R-4 ordinance, as they have developed many different multi-family residential projects around the state of MN. Plat Discussion Past plans for development of this area involved a street connection to Stagecoach Road at the intersection of 13th Avenue East. The development of the site was originally anticipated as commercial and business park, but has developed with generally less intense uses, such as a church, a transit station, and the proposed apartments. The area south of Hansen Avenue is still planned for commercial development, with Marcus Theatres, Caribou/ Einstein Brothers, and McDonald's. There are other available vacant areas between Home Depot and the recently approved projects named above. The applicant is proposing to have a driveway access to Stagecoach Road, south of 13th Avenue, which allows access to County Road 101 / 13 in Savage and also another connection for US 169 northbound, by way of Stagecoach Rd/ County Road 101. Engineering staff and MnDOT staff will be reviewing the proposed driveway location further. The applicant intends to provide one underground parking space for each unit, and at least one surface parking spot. The R-4T designation allows for a reduction of required parking by 1/4 parking space to 2.0 spaces /unit. The proposed development meets the requirement. There is a large stand of mature trees on the site (see aerial photo and attached inventory), which includes many exceptional rated priority trees, including several Red Oak, Bur Oaks, and Black Cherry trees. The applicant has had several different site plan concepts. The current concept impacts the fewest number of mature trees, by using three buildings, instead of four or five buildings in previous concepts that were presented to the City Council and Planning Commission as concepts with the rezoning application. Planning staff and engineering staff are exploring the widening of shoulders along Stagecoach Road for the addition of bike lanes, since Stagecoach Road is a main connection for residents of Shakopee, Prior Lake, and Savage to the Minnesota Valley State Trail and other trails north of the Minnesota River. The Engineering Department is also requesting that the applicant accommodate a future trail along Stagecoach Road in their grading plans. The applicant has requested that any trail improvements be credits toward the park dedication obligation. Since Stagecoach Road is a collector street, the Engineering Design Criteria states that the City can require a sidewalk or trail along one side of a collector street as part of a development. In the past the city has not used trails installed along collector streets as credit for Park Dedication Fees. Planning staff is recommending that a sidewalk or trail connection be along the proposed driveway to the property line along Stagecoach Road, which would serve as a connection to a future trail. The applicant has requested that Park Dedication Fees be deferred to the time of building permit for each building, instead at the time of recording of the plat as City Code requires. The total amount of park dedication due is $1,352,800 (304 units x $4,450 / unit). The Parks Director has discussed this issue with the applicant and recommends that the fee be paid at the time of recording of the final plat. The applicant has stated that they are very concerned that the fees be used for park facilities for residents of the development and the surrounding areas, instead of far away from their development, as there are no park facilities in the immediate area. The Parks Director has stated that there are not current plans for a park in this area. The applicant has provided a revised final plat drawing with 1 lot and 2 outlots that would require future final plats prior to development. The park dedication fees would be paid at the time of final platting of the 2 outlots. If the Council does not allow deferred park dedication fees the applicant proposes the revised final plat, the resolution would need to be revised to reflect the name change of the plat. The applicant has presented a revised site plan (attached) based on comments received from city staff and the city's engineering consultant. The revised site plan has reduced parking stall depth from 20' to 18', which reduces the amount of impervious surface on the site, and may allow for additional trees to be saved. The applicant also slightly adjusted the building setbacks to meet 1/2 of the building height, which will allow for more space for landscaping around the buildings. The applicant also added a sidewalk connection along the cul-de-sac of Crossings Blvd to connect to the sidewalk for the transit station. Conditional Use Permit Discussion The applicant is proposing to construct three four-story buildings, each greater in height than the 45' height maximum in the R-4 zone. City Code determines the building height of structures based on pre-construction grade. The applicant intends to construct 4-story buildings with 9' ceilings with a total height of 52'. Due to stormwater concerns, some areas the site will need to be raised 8-11', which brings the total height, as defined by City Code up to 63'. The maximum height proposed is 63', with most other parts of the buildings being around 52-55'. Once construction of the buildings is complete, the buildings will appear as roughly 53' - 58' tall buildings because of the overall site elevation being adjusted during construction. The varying roof lines break up the structure, with the ends of the buildings being shorter than the middle portions of the building (see attached building elevation). The applicant is proposing ramps for access to the buildings. The location of the site is surrounded by commercial and industrially zoned land and highways. To the west, the closest existing building is River Valley Church, which is approximately 225' west of the lot line across a parking lot, approximately 265' away from the nearest proposed building. To the east, the closest buildings are approximately 330' (iStorage) and 350' (Prairie Line) from the nearest proposed building and there are many large existing trees on the east side of the site that are proposed to remain. Because of these conditions, staff is not concerned about the building heights of 63' casting shadows on adjacent properties, or being incompatible with surrounding land uses. Once construction of the buildings is complete, the buildings will appear as roughly 52' tall buildings because of the overall site elevation. The varying roof lines also break up the structure. Review Comments Other city departments and outside agencies have reviewed this request. Their comments are are attached, or noted below. SPDC: There is an existing 12" watermain that is within the area of a proposed building. SPUC is requiring the applicant to relocate the watermain at their cost to a location at least 10' from a building and the Magellan Pipeline easement. City Engineering: See attached memo. MnDOT: See attached memo. Natural Resources: The applicant must provide a tree preservation and landscape plan that meets the requirements of City Code Sections 151.112 and 151.113. Parks and Recreation: See attached memo. Planning Commission Recommendation On July 7, the Planning Commission recommended by a vote of 5-1 that the City Council approve the conditional use permit and the preliminary and final plat with conditions. Staff Recommendation Staff recommends that the City Council approve Resolution No. 7749, which approves a Conditional Use Permit for Over-height structures and Preliminary and Final Plat of Southbridge Crossings Apartments, subject to conditions and move its adoption. Attachments Location Map Aerial Photo Existing Conditions Preliminary Plat Final Plat Landscape Plan Tree Inventory Tree Preservation Plan Outdoor Amenities Building Elevation Revised Site Plan Engineering Comments Parks and Recreation Comments MnDOT Comments Magellan Pipeline Comments Resolution No. 7749 Final Plat With Outlots Print Preview Page 1 of 1 Scott coo�rity, MN //off 1/ �ii� p' iii ��%%�� �ll�r y�- 00 —17 i 1'.'1'81 AVG� r lu f' 1; a- ac 2el I Parcel c 74340020 Property AddressLand $1,574,000 Improvement $0 Taxpayer Name SHAKOPEE CROSSINGS LTD PTNSHP Market Value $1,570,004 Taxpayer Address 8170 OLD-CARRIAGE CT N # Homestead Status N SHAKOP'EE MN 553.79 Homestead Classification 200 Agricultural,/300 Taxing District SHK CITY Architectural Style Township/City 27434 Year Built School District ISD 0191 BURNSVILLE Bedrooms GIS Acres 12.59690 Bathrooms Deeded Acres 12,89 Garage Size (Sq Ftp Zoning Classification Sale Date Block OG.A Lot td-L SubdivisionCd 27434 Leval Description SubdivisionName SOUTHBRIDGE Sale Price CROSSINGS EAST 3RD ADDN ._..__ .._.__..... 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This review should be considered preliminary, as more comments will follow with additional submittals. However, the public works department offers the following comments at this time to the applicant and to the planning department: General Conditions The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Payment of all Storm Water Management Plan Review Fees will be made, as required by the most current City of Shakopee Fee Schedule. 2. Payment of the Trunk Sanitary Sewer Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. 3. Payment of the Trunk Storm Water Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. H:\ENG\EMPLOYEE FOLDERS\JSwentek\PIat.Reviews\$$$$Southbridge Crossing Apartments(SandCo)\PP_FP_CUP Review(Southbridge Crossings Apartments)062616.docx I of I 1 4. The applicant will record private access and maintenance agreements fore each lot utilizing ving the the private driveways,the private sanitary sewer and the private storm subdivision. 5. The applicant will record a maintenance agreement for the infiltration areas needed to accommodate the subdivision. 6. The applicant will provide an updated traffic study to reflect this subdivision's impact on the surrounding transportation system. All improvements necessitated by this subdivision will be paid for by the applicant. 7. Provide electronic files (AutoCAD and Portable Document Format) of the Final Plat to be recorded with datum on the Scott County coordinate system. The following items need to be addressed/completed prior to approval of a grading permit and/or a building permit: 1. The applicant will install bituminous trail and/or concrete sidewalk to connect to existing infrastructure to the west and south of Lot 3, Block 1. 2. The applicant will work with the city to grade areas along Stagecoach Road to accommodate a future trail/sidewalk. The applicant will also work with the city to provide any needed easements. 3. The applicant will obtain approval of the site's storm water management plan from the public works department. 4. The applicant will grade the entire site, as proposed on the approved plans, in one (1) from the date of approval of the grading permit application. phase within one (1) year osed finished grade with materials Grading is defined as bringing the site to the prop deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as-built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. If the grading is not completed within one (1) year from the date of approval of the grading permit, a new permit will be required. 5. All sanitary sewer and storm sewer serving this subdivision will be privately owned, operated and maintained. 6. Appropriately sized and adequate quantities of riprap and geotextie fabric will lrbe placed p and at all flared end sections outletting to each of the storm water basins. fabric will be placed to the bottom of the basins. H:\ENG\EMPLOYEE FOLDERS\JSwentek\Plat.Reviews\$$$$Southbridge Crossing Apartments(SandCo)\PP_FP_CUP Review(Southbridge Crossings Apartments)062616.docx 2 of 7. A certain amount of landscaping can be allowed in the storm water basins. However,the quantities, species and locations will need to be approved in writing by the City Engineer. The maintenance of this landscaping will be the responsibility of the property owner. 8. No landscaping is allowed in easements adjacent to the Crossings Boulevard and Stagecoach Road rights-of-way. Final Plat Conditions The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Right-of-way, in the form of sight triangles fifteen (15)feet in dimension,will be provided in the southwest and southeast corners of Lot 3, Block 1. 2. Additional right-of-way will be provided in the southwest corner of Lot 3, Block 1 so that it is parallel to the curb and gutter in the existing cul-de-sac. 3. The applicant will work with the city to provide any needed easements to accommodate future trail or sidewalk construction along Stagecoach Road. 4. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not be limited to,the following: • The applicant will provide a minimum of fifteen (15) feet of drainage and utility easement adjacent to the perimeter of the subdivision. • The applicant will provide adequate drainage and utility easements to encompass any public drainage flowing through the subdivision. Recommendation Public works staff recommends approval of the Preliminary and Final Plat application and the CUP subject to the items listed above being attached as conditions of the approval. HAENG\EMPLOYEE FOLDERS\1Swentek\PIat.Reviews\$$$$Southbridge Crossing Apartments(SandCo)\PP_FP_CUP Review(Southbridge Crossings Apartments)062616.docx 3 of Bruce Lone Stacy Harwell Hoschka <shoschka@wsbeng.com> From: 16 9:45 AM Sent: Friday,June 24, 20 To: Ryan Halverson; Bruce Loney;Joe Swente Jeff Sandberg;Ted Witkowski; Michael Billings Cc: Southbridge Crossings Apartments -- Development Review Subject: I� Good Morning-- Crossings Apartments project in Shakopee.The following documents I have completed my review of the Southbridge were submitted for review: • Southbridge Crossings Apartments is Stormwater Calculations, Larson Engineering,05/26/2016 Southbridge Crossings Apartments Planset, Larson Engineering,05/25/2016 Rate Control and Water Quality locations;Water from the Southwest corner of the project drains to Water from this project goes to two separate Hansen Avenue Ponds,the rest of the water drains offsite to the northwest. • The existing Hydrocad drainage areas and existing conditions Hydrocad model need to be corrected. Areas D and E need to be altered to show areas that are flowing southwest towards Hansen southwest.Avenue Pond.The existing Hydrocad model needs to be corrected to determine the existing flow The NPDES water treatment requirements were met using the infiltration report recommelnded the use of a tration rate used in the Hydrocad model was 1.15 in/hr although the Geotechnical investigationp in/hr infiltration rate. Please provide justification for using the higher infiltration rate instead of the rate recommended in the geotechnical report. • The elevations for the boring information were not included in the e°elevations fomllow floothout rs. Resubmit with information,we cannot confirm that there is sufficient ground war corresponding elevations at boring locations. • in this submittal. Please resubmit with all storm sewer No storm sewer design calculations were included calculations included. Grading and Erosion Control Plans culations report.There • No silt fence was shown on erosion control plan, but was mentilied ooned ut in the Stormwormwater ater Calculations report also were not any rock entrances° shown in show any eposioln control measures being taken at pipe outfall but was ca The erosion control plan did n locations. Please include silt fence, rock construction entrances,and erosion control at outfall locations in the erosion control plan(C3.0&C3.1). No HWL or EOF information was shown for the BMPs on the project.This information needs to be included and shown on the grading plan(C3.0&C3.1). • Easements need to be shown on the grading plan(C3.0&C3.1). • Benchmark elevations need to be shown on the grading plan (C3.0&C3.1). Please provide a profile view of the construction detail for the the infiltrationinfiltration basins.bins. • Maintenance access and benches need to be shown for 1 CITY OF SHAKOPEE MEMORANDUM To: Kyle Sobota, Project Manager From: Jamie Polley, Director of Parks and Recreation Date: June 23, 2016 Case Number: 16032 Subject: Preliminary & Final Plat of Southbridge Crossings & CUP for Overheight Structures Based on a review of the application materials provided to staff, staff has the following conditions of approval: Prior to recording of final plat: 1. Trails and Sidewalks -The preliminary plat shows adequate sidewalks within the development. No additional trails or sidewalks are required at this time. At the time of recording of final plat: 1. Park Dedication Cash in lieu of land is recommended. 2. Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid at the time of recording of the final plat. 3. Preliminary park dedication calculations (to be confirmed at time of final plat) are as follows: 304 units x $4,450/unit = $1,352,800.00 Ito 0 3D, O""E4°'4Minnesota Department of Transportation Metropolitan District Waters Edge Building OF TO 1500 County Road B2 West Roseville, MN 55113 June 23, 2016 Tami Vidmar Shakopee Community Development 129 South Holmes Street Shakopee,MN 55379 SUBJECT: Southbridge Crossings. MnDOT Review#P16-040 SW quad of US 169 and Stagecoach Dr Shakopee, Scott County Control Section 7005 Dear Ms. Vidmar: The Minnesota Department of Transportation(MnDOT)has reviewed the Southbridge Crossings project plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development,please address the following issues: Right-of-Way: MnDOT Highway right of way(r/w) is referenced in Plat No. 70-21. Please be aware that plats are a tool for acquiring right of way but not for defining it. Please label the entirety of MnDOT right of way and access control on the plat. For questions concerning this comment,please contact Ashley Roup at 651-234-7558 or Ashley.Roup@state.mn.us. Design MnDOT r/w extends south along Stagecoach Road for several hundred feet. This appears to be a County road and the County may choose to have the access built to their standards instead of MnDOT standards. • Stagecoach Road is a rural section high speed road without curb and gutter. That condition needs to be maintained on MnDOT right of way . • Include a profile of the roadway. • Side slopes of driveway need to be 1:6 or flatter. They appear to be 1:4. Refer to MnDOT Standard Plate 9000,Approaches and Entrances. For questions regarding these comments please contact Nancy Jacobson at 651.234.7647 or Nancy.L.Jacobson@state.mn.us Water Resources: ro osed development ent w The ill need to maintain or reduce is required. Th A drainage permit q p P existing drainage rates to MnDOT right of way. The project developer will need to submit the most current construction plans and existing/proposed hydraulic computations for the 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. The Drainage permit application can be found at: utilit http•//www.dot.state.mn.us/ /forms.html- y Application for Drainage Permit For questions regards these comments, contact Tahsina Alam, Metro Water Resources, at tahsina.alamkstate.mn.us or 651-234-7541. Residential Noise Statement MnDOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency(MPCA),the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities having the authority to regulate land use shall take all reasonable measures to prevent the establishment of land use activities, listed in the MPCA's Noise Area Classification (NAC), anywhere that the establishment of the land use would result in immediate violations of established State noise standards. MnDOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such developed areas. The project proposer is required to assess the existing noise situation and take the action deemed necessary to minimize the impact to the proposed development from any highway noise. If you have any questions regarding MnDOT's noise policy please contact Natalie Ries in Metro District's Noise and Air Quality Unit at 651-234-7681 or Natalie.Rieskstate.mn.us. Permits: Any work impacting MnDOT Right-of-way will require a permit. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn.us/utility-/ Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig(651-234-7911 or buck.craig@state.mn.us) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dotgstate.mn.us provided that each separate e-mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT—Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville,MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ftp://ftp2 dot state nm us/pub/incoming/MetroWatersEdge/Plannin Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer(My Computer). Also,please send a note to metrodevreviews dotgstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please contact me at(651)234-7784. Sincerely, Karen Scheffing Principal Planner Attachment: "Drainage Permit Applications Checklist.pdf' Copy sent via E-Mail: Buck Craig, Permits Nancy Jacobson, Design Tahsina Alam,Water Resources Matt Aguirre,Right-of-Way Diane Langenbach, Area Engineer Bruce Wetherbee, Surveys Merlin Kent, Traffic Clare Lackey, Traffic Russ Owen,Metropolitan Council James L. Hentges, Scott County Surveys 142' 74' VARIABLE 71' HIGHWAY Ct 3T' I SHOULDER - HIGHWAY � - - I - 4 30' VARIABLE BITUMINOUS 30' SHOULDER SURFACING 0'TO 1.5' 25'R. 25'R. BITUMINOUS SURFACING � •.•.32' ..: 0'TO 1.5' 1 I' .24'• R/WLINE - �•.;'• :•::.•�� -R/W LINE COMMERCIAL - INDUSTRIAL - FARM ENTRANCES RURAL RESIDENTIAL ENTRANCE BO' r VARIABLE VARIABLE SHOULDER HIGHWAY 40' I SHOULDER HIGHWAY rL 30' 12'TURN LANE 35'R. 20' 20'R. 16' ,16'y ( I' BITUMINOUS SURFACING O'TO 1.5' I :• R/W LINE FIELD ENTRANCES. R/W LINE I 24 I [�1 SURFACING TO MATCH EXISTING CONDITIONS.WHERE THERE I I LL IS NO SURFACING,PLACE GRAVEL BEYOND BITUMINOUS SURFACING TO R/W LINE. LOW VOLUME ROAD Q2 PLACE 2 FT.WIDE BITUMINOUS SURFACING AS DIRECTED BY ENGINEER. 30 B% MAXIMUM COMMERCIAL; 15% MAXIMUM RESIDENTIAL. Q4 THE USE OF PAVING SIMILAR TO COMMERCIAL ENTRANCES MAY BE APPROPRIATE FOR SOME RESIDENCES - AS SHOWN IN PLANS OR DIRECTED BY THE ENGINEER. 0.5'MIN. HIGHWAY CL NOTE:USE 1:6 SIDE SLOPES VAR. CUT SECTION 50'RECOMMENDED FOR ROADS - f 25'MIN.) HIGHWAY rL 25'RECOMMENDED FOR ENTRANCES - (15'MIN.) NOTE:USE 1:6 SIDE SLOPES FILL SECTION - ----- - 03-� VAR• CULVERT IF NECESSARY 0.5'MIN. CROSS SECTIONS APPROVED SEPT.27,2012 STATE OF MINNESOTA SPECIFICATION STANDARD ------- DEPARTMENT OF TRANSPORTATION REFERENCE PLATE NO. APPROACHES AND ENTRANCES 9000E STATE DESIGN ENGINE RECOMMENDED STANDARDS MnDOT Drainage Permits Checklist Purpose of the MnDOT Drainage Permit 1 MnDOT Metro District regulates activities that impact its drainage systems and its MS4 regulated area. The purpose of the Drainage Permit is to protect State of Minnesota investment in infrastructure including but not limited to roadways, storm water treatment basins, ditches and storm sewer systems.Excess storm water and/or sediment laden storm water added to MnDOT's drainage systems leads to degradation of these assets.Negative impacts include but are not limited to: sediment deposition, loss of flood storage capacity and also loss of hydraulic conveyance capacity. These impacts may cause premature flooding of the road surface and/or erosion damage on State right-of-way. Technical Requirements of the MnDOT Drainage Permit The permit applicant shall demonstrate that offsite runoff coming to MnDOT drainage system and/or right-of-way will not increase as a result of the proposed project. This is quantified as a"no increase in discharge"criteria for the 2-year, 10-year and 100-year storm events. Compliance is demonstrated by applying hydraulic/hydrologic software models. HydroCAD and XPSWMM are the approved models to compare the pre and post project discharge values. Typically,HydroCAD is sufficient to model most proposed projects. However,XPSWMM may be required if the project contains extensive storm water pipe systems connected to MnDOT storm sewer or if HydroCAD cannot in MnDOT's judgment effectively model pressure flow, complex junctions and/or backwater effects that are present. The 2-year, 10-year and 100-year storm events shall be based upon Atlas 14 runoff amounts per the NOAA website. In addition, Drainage Permit Applicants shall meet all applicable water quality treatment requirements established by the local Watershed District(s)and the MPCA. Permit applicants should anticipate that specific projects that seek to divert runoff to another sub-watershed or watershed will be denied. It is MnDOT practice to avoid such watershed diversions whenever practicable. Submittal Requirements: • Readable/legible watershed maps that show pre and post project drainage conditions. These two separate contour maps shall be large enough in scale so that approximate flow paths can be determined for verifying the Time of Concentrations used in the models. The drainage/watershed maps shall include enough detail so that Curve Numbers used in the hydraulic models may be verified by MnDOT. April 2014 • Surface water flow direction and storm water pipe water flow direction shall be indicated on the pre and post project watershed maps. • Minimum recommended watershed map scale is 1" =100'. Project applications submitted with smaller scales(e.g., 1"=500')may be rejected and returned to the applicant. The same would apply for project watershed maps that do not include topographic contours or basic land use information such as the location of buildings,pavement and"green space". Watershed maps submitted as pdf files or CAD files shall be readily printable at scales that allow for good readability. • Pre and post project watershed maps shall be clearly linked to the drainage models such that the names of the sub-watersheds,ponds and drainage structures are the same in the models as shown on the watershed maps. In addition, watershed and sub-watershed boundaries shall be clearly shown. • Submission of the actual pre and post project HydroCAD or XPSWMM models is required:pdf copies of the drainage model simulations are unacceptable. In the event that the models cannot be transferred readily by electronic mail or electronic repository site, a hardcopy CD shall be provided. • Curve numbers shall be determined per NRCS methodology and should be modified as needed based upon detailed knowledge of soil type and specific conditions on site.HydroCAD modeling software includes NRCS guidance for determining curve numbers based upon land use and condition. • Time of concentration(Tc) computations and assumptions that in Mn-DOT's assessment clearly overestimate or underestimate this critical runoff parameter will be rejected. Two common assumptions that lead to overestimating Tc include: using the"Lag/CN"method to determine peak runoff from watersheds that have a relatively long and/or diverse flow path, and assuming that sheet flow occurs for a distance exceeding100 feet. Conversely,pre-project Tc shall not be underestimated to offset post project increases in peak discharge. • Available freeboard for existing and proposed treatment ponds shall be shown on the watershed maps as well as the normal and 100-year high water levels. All proposed pond treatment systems along MnDOT right-of-way shall have a minimum freeboard of 2.0 feet between the road surface and the proposed 100-year HWL. • Infiltration basins, filtration basins and ponds adjacent to MnDOT right-of-way shall be designed to provide at least 2 feet of elevation difference between the 100-year HWL and the crest of the basin berm. The berm crest shall be at least 5 feet wide. The emergency overflow shall be lined from crest to toe of slope with Turf Reinforcement mat or Category 6 or 7 Erosion Control Blanket. April 2014 I • Best management practices (BMP's) including infiltration/filtration sites, storm water ponds, etc. shall be clearly labeled on the pre and post project watershed maps. • Plan sheets submitted as watershed maps shall be evaluated as such. They shall be readable and legible and meet all the same requirements including clear delineation of watershed boundaries, readable map scale, and land use shown by an aerial photo background map, or that is clearly depicted based on details on the plan sheet or sheets submitted. • Project plan sheets relevant to the Drainage Permit are required and include: existing site conditions,the proposed grading plan as well as proposed site drainage system plans and profiles. The plans shall include applicable wetland impact/mitigation features and temporary sediment and erosion control measures for the project. In addition, erosion control blanket will be used to stabilize disturbed area on MnDOT right-of-way unless other methods such as rip-rap treatment are called for in the plans and approved by MnDOT. • Pond and basin special structures including weirs and orifices shall be consistent with what is used in the HydroCAD or XPSWMM models submitted and include relevant calculations/details. • A table summary of existing versus proposed site discharge to MnDOT drainage system/right-of-way is required for the 2-year, 10-year and 100-year Atlas 14 rainfall events. • Post project storm water discharge to MnDOT ditches or other open channel shall be limited to flow velocities of 6 fps or less for a 50-year Atlas 14 rainfall event. • Project discharge points that will connect to WDOT ditch or channel shall be located such that they do not cause erosion or conflict with the grade of the existing ditch or channel. • Proposed access road culverts on MnDOT right-of-way shall be designed for the 10-year Atlas 14 rainfall event unless they are part of a significant drainage ditch along the roadway in which case a 100-year or 50-year design will apply. • Direct connections to WDOT storm system shall be avoided. Connection to open ditch, or channel is preferred. If direct storm sewer connections cannot be avoided, it is the applicant's responsibility to provide a good connection typically via a new structure. Furthermore,MnDOT offers no warranty that there will not be a hydraulic backwater effects on the new storm line upstream that is connected to WDOT's existing storm sewer. April 2014 • For all disturbed areas that sheet flow - to MnDOT right-of-way and any disturbed areas within MnDOT right-of-way, either Erosion Control Mat or Bonded Fiber Matrix shall be used for temporary/permanent erosion control. • Silt fence shall not be used for erosion control at the proposed project site perimeter. Rather, continuous Wood Chip or compost Sediment Control Logs shall be implemented. Permit applicants are encouraged to contact MnDOT Metro Water Resource Engineering with questions/concerns. Questions posed early in the permit application process help to avoid project delays. This is particularly true for large project Drainage Permits with significant complexity. I I April 2014 STAFF REVIEW City of Shakopee Caselog No. 16032 Project Manager Kyle Sobota Subledger No. 116032 Review Deadline 6/24/2016 PC/BORA Date 7/7/2016 CC Date Applicant Sand Development, LLC Contact Person Jamie Thelen Address 366 South Tenth Avenue, Waite Park, MN 56387 Phone No. 320-202-3100 M'helen Application Type PP-FP of Southbridge Crossings & CUP for Overheight Structures PID No(s) 27-434002-0 Project Location S of 169, W of Stagecoach Rd, N of Hansen Av, E of CR 21 PLOposal reviewed by: Ciry,A'dministrator County Planner Centerpoint Energy Cit-y Att I orne I y 7— County Xcel Oiergy Natural Resource Staff Environmental Health 0 Cent iry Link Cityl-'mg ineer County "17axation, Mageline Pipeline 0 Building Official C.otnity Land Records 0 'Comcast Cable 0 Fire Inspector Board of Soil&Water Lower MN Watershed Police Chief MnDOT(3 copies) Scott Soil&Water 0 Public Works Pinky/Jim MNDNR Prior Lake WMO k Finance MN PCA Sand Creek WMO 0 Park&Recreation Army Corps of Engineers Met Council a SPUC EPA ISD 720 'City' Clerk P'r,ior,Lake Planner —,Savage, Planner Economic Dev Coord Mdewakanton Cmty ------ MVFA I recommend: (Please check one and sign below) Please attach a separate sheet for comments and return this cover sheet along with comments. r -- -- i SEE ATTACHED LETTER& EXHIBITS dated Appraval V1741 Approval with Changes/Conditions Listed 7/7/2016(16-S16) ']Denial No Impact F-- j1a, and tet r pet1C iZf ^ided to you do NOT need to be returned unless you make notes on plans. Signature Title Date Please return to: Tami Vidmar; Shakopee Community Development; City of Shakopee; 129 South Holmes Street; Shakopee, MN 55379 h:\forms\staff review form.doex ePI MAGCELLAN miDsrREAM PARTNERS, L. P Magellan Pipeline Company, L.P. One Williams Center-OTC-8 Tulsa,OK 74121-2186 VIA E-MAIL-TAMI VIDMAR- tvidriiar@IbAkopeeM_k.gov July 7, 2016 Ms. Tami Vidmar & Mr. Kyle Sobota Shakopee Community Development 129 South Holmes Street Shakopee, MN 55379 RE: Staff Review-Caselog 16032- Sand Development, LLC PP-FP of Southbridge Crossings & CUP for Overheight Structures South of Highway 169, West of Stagecoach Road, North of Hansen Avenue, East of County Road 21 Shakopee, MN (PID # 27-434002-0) PRJ-16-516- Scott County, MN Ms. Vidmar & Mr. Sobota: Magellan Pipeline Company maintains a 12-inch high-pressured petroleum products pipeline within a 100 foot wide easement corridor along the north border of the referenced property. Please see attached GIS drawing showing the approximate location. We have reviewed the referenced Staff Review Request and approve subject/conditional to Magellan's easement rights being abided and the attached requirements/conditions being adhered to. In addition, Magellan's conditional approval of the subject application does not release, relinquish, abandon or subordinate any of its right title or interest in its easement corridor or approve any activity crossing the Magellan easement corridor. Th a k y , H. Cynth Pierce Senior Real Estate Representative Cvnthia.oierce@MaRellaqlp.com 918-574-7464- Office w/attachments enMAGEL A MIDSTREAM PARTNERS, L.P EXHIBIT "A" TO CIT" OF SHAKOPEE STAFF REVIEW CASELOG 16032 Magellan's conditional approval of Caselog 16032 Sand Development, LLC is sub'ect to the following requirements: 1) Magellan Pipeline Company, L.P. owns & maintains a 12-inch high- pressured petroleum products pipeline within a 100 foot wide easement corridor. See attached GIS drawing. 2) An Encroachment Agreement is completed between the encroaching party and Magellan prior to any construction activity across the Magellan easement corridor. 3) If it is determined that the Magellan pipeline must be lowered or replaced do to the encroaching activity, it will be at the cost of the Encroacher and a Reimbursement Agreement must be entered into by both parties. 4) No trees or shrubs over four (4) feet tall are allowed within the Magellan easement corridor. All tree removal within the Magellan easement corridor must include grinding the stumps down, not just knocking the trees over. 5) No water bodies, including stormwater retention/detention allowed within the Magellan easement corridor. 6) The 8-inch Water Main and the 6-inch Sanitary Sewer must cross with a minimum of 2 feet of clearance below the Magellan pipeline. Page I of 2 7) The Parking Lot must have a minimum of 4 feet of clearance from the surface of the Parking Lot to the surface of the Magellan Pipeline. The Parking Lot must consist of a flexible surface, such as asphalt. No reinforced concrete will be allowed. 8) Magellan is requiring that a State One Call be done for all activity in or around the Magellan 100 foot wide corridor and pipeline facility. 9) Magellan is requiring that a Magellan representative be on site for any construction activity in or around the Magellan pipeline. 10) Magellan is requiring that the attached "Warning"label and the Magellan pipeline be placed on all construction plan pages, where applicable. 11) Magellan requires that final construction drawings be furnished to Magellan for review and evaluation prior to any activity across the Magellan easement corridor. Magellan is requiring that said plans be electronically submitted to: Cynthia Pierce@nthia. lerce ma ellanl .com. 12) The attached Magellan Pipeline General Encroachment Requirements, Exhibit "B" are adhered to by the Encroaching Party and its contractors/subcontractors. Page 2 of 2 /O i o t+ A ar w v 0. r/ r� rtl w dd N x�+ .c wa. >,� c U Boar c e a ESE a ro uw y,_ a w w s W J,,, r r riiii V m o v _� �'o encu E •y '�^ n rn v rov rn»:.•_ ro^' v, m d dna nO ousroa am ro mro.-.c n� c � >. � a ro� swj m"c u m ro— ❑ a "" o m d+. +7W C 3° , d mao CL � //„ � /1 �/r a ri i � a�; — i % j �%i LL �ox °' o@.crncm ^� o00 ¢ 'U C .,I {4g ///ri %/ d o"'u OZ aac� c mro a � � o E C o. a � ° ` ar C7 / rr � Q cmro"' NYarro ap,c"� .............. lL�1 c�ow- rororncaama�m- LLm oa.ao g�m — - EELu v 'R o o c i ooi� 2 �i E a H O W Z Z Z f O C) H H O C) to WARNING HIGH-PRESSURE PIPELINE(S) Excavation and/or Construction Prohibited Without compliance with State One-Call,AND Without Written Permission From MAGELLAN PIPELINE COMPANY,L.P. A MAGELLAN REPRESENTATIVE MUST BE PRESENT DURING WORK AROUND PIPELINE(S) EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 1 of 4 MAGELLAN PIPELINE Magellan's Easement Tract,For M.._ following result ng cover(vertical distance COMPANY,L.P. other activities ofthe Owner on the ] Location and depth of all Magellan from the surface ofthe land to the top Magellan Easement Tract,the pipelines and facilities of Magellan's pipeline)is not greater Magellan Field representative shall 1, ' The width of Magellan's Easement than eight feel(8'),. General Encroachment determine whether Magellan'sI0 1 M[[q[ g ipy}t°w Tract Requirements continuous presence or periodic r. gt1,l..t DlJL In order to keep • A standard warning statement 8.Erosion n r 1 M ri 1 monitoring of encroachment Magellan rights of way clear for conspicuously displayed containing Erosion-control materials may be A. GENERAL-These requirements activities will be required and shall operations,maintenance,inspection the following language: allowed on Magellan's Easement define the minimum standards of inform the Owner.A Magellan and emergency access,personal 'tract for temporary periods of practice for encroachments by a representative will be made available property and fixtures shall not be WARN/NG construction and restoration,. landowner(including any developer, upon 48 hours notice(exclusive of placed,stored or maintained on HIGH-PRESSURE PIPELINE(S) business entity,utility company or weekends and holidays)to determine Magellan's Easement Tract,Personal Excavation and/or Construction 9.tEW&QLUkJLftMSEbr individual working for,or on behalf the location and approximate depth property and fixtures include,but are Prohibited Wilhout compliance with Magellan may require Owner to of,or with permission of landowner) of any Magellan pipelines.No not limited to,storage sheds, Stare One-Call AND Without Written provide proof of current ownership of (herein referred to collectively as excavation shall be commenced automobiles,trailers,mobile homes, Permission From MAGELLAN the land where the proposed "Owner")to pipeline corridors and without prior written approval from above-ground swimming pools, PIPELINE COMPANY,L.P. encroachment is to be located.Such rights of way ("Magellan's Magellan and verification by business equipment,product proof may be in the form of a Title Easement"tract")owned or operated Magellan ofthe location and inventory,scrap metal,boulders, 4.Written Encroachment Commitment,Title Policy,or a copy by Magellan Pipeline Company,L..P, approximate depth of its pipelineslarge rocks,debris,junk and piles of ytriylfylctt"attt4t NtCtt tNlrt:,t,A written, of a recorded Warranty Deed,. ("Magellan"),Upon written request materials, fully executed Encroachment by Owner to Magellan,a copy of 3.,y4;g,y, " t„ ,ice Agreement must be in place between ]0. '" wL'. !1AL Magellan these minimum requirements shall be Magellan's facilities include,but are 2.]; v,];t5[jW Magellan and Owner before Owner requires a copy of the Subdivision provided to any developer,business not limited to,Easement,rights of ry,)M1lt;[, ll�l *ll� commences work on any Plat,if applicable.If the plat has been entity,utility company or individual way,pipelines,meter and valve sites, Tract.Subject to the terms of its encroachment,. recorded,Magellan requires a copy working on behalf of Owner or with aboveground piping manifolds and Easement(including right of way indicating the book and the page of the permission of Owner within cathodic protection systems, agreemem[s]and other written 5.C s s.Unless otherwise agreed in the recording, Magellan's Easement Tract Specific agreements),Magellan may keep writing,all costs to Magellan that circumstances may require additional 4. Y C-,x"Nl ,» gl(tgl�lr, Magellan's Easement Tract clear of result from any encroachment should 11. ...ludl„gq, 3;Igg precautions or more stringent The landowner and tenant,if any, items that may hinder the exercise of be paid by Owner.Such costs shall QWLqLJ5faJkM A Magellan methods in order to protect the must notify Magellan at any and Magellan's rights to construct, include,but not be limited to: representative is normally available integrity of Magellan's pipelines and every time when the land use will be operate,inspect,maintain,repair and modification,replacement,lowering, with 48 hours notice(exclusive of facilities,.Magellan's Easement Tract changed for land on or adjacent to access its pipelines and other and protection of pipelines,including weekends and holidays) to determine for purposes of these General Magellan's Easement Tract, facilities.Clearing of the Magellan's engineering evaluation and design, the location and approximate depth Encroachment Requirements shall be Examples of such land use changes Easement Tract shall include,but not field labor and real estate research ofthe pipeline(s),.Determining actual considered to be any area within fifty are: be limited to the following:removal and document preparation and depths of pipelines may require pot- (50)feet orany Magellan pipeline or Change from pasture to cultivation oftrees,brush,crops,other handling, holing or hand-digging by,and at the other Magellan-owned or operated Change in depth of tilling(e.g, vegetation and non-permitted expense of Owner in the presence of facility unless a different right of way plowing deeper or deep-breaking the encroachments located on or 6.t ,]jllt,; .�. Ila.11tl'tl. ltl'kln, an authorized Magellan width is specified by one or more land) overhanging all or part of any Prior to the installation of any representative.No excavation on recorded right of way or easement • Change in that terraces will be cut Magellan's Easement Tract,Trees or structure,parking lot,roadway or Magellan's Easement Tract shall lake documents(herein collectively called or re-cul other vegetation overhanging other facility which might interfere place without approval by Magellan,. "Easement",whether one or more), • Change from agricultural use to Magellan's Easement Tract may be with or hinder Magellan's inspection in which case such specified width residential,commercial or industrial side-trimmed. of any pipeline or facility,Magellan 12. ,'fgi[lyyl,J,r" llg[Mtr7.iltel'ww'c�ert shall define Magellan's Easement use,. will perform an integrity review of its w w r Tract, • Change from residential to C.ENCROACHMENT PLANNING, pipeline and any other assets which commercial or from commercial to may be affected by the proposed Structure.Vertical separation is L Encroachment Definition.An industrial. I. 't^"1 ;,,t' •y;,y]„tfy;, slmcture,parking lot,roadway or defined in this document as the "encroachment"is any use of the MaeQUa n.For any encroachment, other encroaching facility in order to vertical distance between the land within Magellan's Easement 5. to v 80 gLttlltt9Sl,E2 Magellan must be provided project determine that Magellan's assets outermost part of a Magellan 'tract which could interfere with Ilttlrtst `Geld Iia„Owner must plans to review and approve,prior to comply with integrity requirements pipeline,facility or appurtenance(for Magellan's Easement rights or which comply with all applicable laws and the encroachment occurring,for and to allow Magellan to make any example,the outside of the pipe[for could create safely concerns for regulations,as well as Magellan's purposes of damage prevention, needed changes prior to construction uncased pipe]or the outside ofthe Magellan pipelines and/or facilitiespolicies as expressed herein.Owner of any encroachments,. pipe casing[for cased pipe])and the located on Magellan's Easement is also hereby referred to the 2. Ilt2.tt fjl),r0 1'2a outermost part ofthe encroaching Tract. Encroachments include,but Common Ground Alliance Best Owner must submit complete plans 7. -"YillUfts object(for example,the outside of are not limited to:structures,fixtures, Practices which can be found on the to Magellan for review,Incomplete --,]t gv_ftl A,0„A No the encroaching pipeline or the personal property,landscaping, web site: plans could delay Magellan's soil shall be removed from or added outside of its conduit),. foreign utilities,foreign pipelines, `n'w'w'commongroundalliance,com engineering impact study and to Magellan's Easement Tract roadways,railroads,waterway (See 4rogram Information"/'Best insufficient information could result without written authorization from 13. ...,JUIJlljLflLK "Ot. crossings,water impoundments, Practices")and which is available in increased costs.Plans must Magellan,.Any soil added must be Information.Owner shall provide to walls,heavy equipment and heavy from Common Ground Alliance in include: clean(without contaminants,trash or Magellan information as to the type, loads on Magellan's Easement Tract booklet form for easy reference.Best • A plan view ofthe project with the debris)fill dui and must be limited in size,and weight of construction and also any excavation,digging, Practices addresses the most common pipeline(s)location included,. amount so that the equipment that will be used over or drilling,tunneling and addition, issues for damage prevention for an • An illustration in profile of the in the vicinity ofthe pipeline(s), removal or disturbance of soil or encroaching party,including,among existing surface elevations,the subsoil within Magellan's Easement others:Planning and Design;One- proposed surface elevations and the D.ENCROACHMENT DESIGN 'tract, Call Center;Locating and Marking; elevation ofthe Magellan pipeline(s), REQUIREMENTS& Excavation;and Mapping. • A comprehensive utility/structure STANDARDS 2•ig ",R.tS.25'd'lSBtt In the even of a conflict between /grading plan depicting the p ,(hL-" Magellan laws and regulations,Magellan's relationship to the pipeline(s), 1. pipeline systems operate at high policies and the Common Ground • A proper legal description ofthe Owner shall bear the risk of loss, pressures,and for safety reasons, Alliance Best Practices,the following '.... project location, damage and/or destruction to any Magellan requires its company priority shall govem encroachments Complete landscaping plans, structure,fence,landscaping or representatives to be on-site while on Magellan's Easement Tract:Is[-- Complete plans for backfilling and improvement placed within the Owner is excavating or performing laws and regulations;2nd-- compaction of backfill materialboundaries of Magellan's Easement other activities which could endanger Magellan policies;and 3rd-- 'tract and shall hold Magellan the Magellan pipelines or other Common Ground Alliance Best 3.t„'(lyg,+Ly„ y'Wt ` harmless faci l ities on Practices LIVIMt Tract.Pipelines' Facilities. All construction plans (prints)showing lands where all or any part of Magellan's Easement Tract,any Magellan pipeline or ............._.............._................_.-.._.............. ...,............ tl'8ttilr is located must contain the _..,_....................................J Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17 General Encroachment Requirements—(L.P.— 1/1/07) EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 2 of 4 ."l-rdamages,destru_ction ofr'.._.�,....... �M1Aagellan's Easement AracL_...... -�in the following manner: encasement ofhii -voltage •Elevation of+0 feet and-ISmAM structures and for any consequential b.General Landscaping 1)The tape must be placed directly electrical lines in red concrete feet damages which may arise out of Requirements.The following are the over(parallel(o)and at least 15 h.Ufility Poles and Guy Anchors. •Alignment of 1/-20 feel as Magellan or its designees exercising general rules for landscaping on inches above the foreign line for Utility poles and guy anchors long as it does not come to Magellan's Easement rights or which Magellan's Easement Tract: the entire distance that it shall not be placed on Magellan's within 10 feet of Magellan's may arise out of accessing ])Written Approval.Landscaping occupies Magellan's Easement Easement Tract without a written pipeline Magellan's Easement Tract,pipelines proposed to be done on Magellan's Tract,Additionally,the tape agreement With a written •Initial penetration of ground or facilities, Easement Tract must be approved must be placed directly over agreement,poles and anchors surface at exact location shown by Magellan in a written (parallel to)and at least IS may be placed no closer than 20 in the plan and profile 2. ) .`. encroachment agreement.Among inches above each Magellan feet to any Magellan pipeline, drawings Fences., other terms,the encroachment pipeline that is crossed for a Poles shall not be allowed to run •Final penetration of the a. Buildings and Structures,No agreement will release Magellan minimum distance which is the parallel to a Magellan pipeline ground surface within-H-10 buildings,houses,barns,garages, from any liability for damages to greater of within the Magellan Easement feet of the alignment and patios,playhouses,sheds,septic the landscaping from the exercise (a)a minimum distance of 20 Tractwithin F30 feet and-0 feet of systems or drain fields, of Magellan's Easement rightsfeet on each side of the i. Directional Drilling/Boring. the length shown in the plan swimming pools(above-ground 2)Trees Not Permitted.Trees Magellan pipeline,or I) Prior to commencing any and profile drawings or below-ground),reinforced are not permitted on Magellan's (b)across the entire width of horizontal directional drilling, •Curves shall be drilled at a concrete slabs or other similar Easement'tract. Magellan's Easement Tract Owner shall submit plans radius equal to or greater than structures will be permitted on 3)Shrubs.Shrubs exceeding 3 2) The placement of warning tape showing procedure and that specified in the plan and the Magellan's Easement Tract, Feet in height and/or obstructing on each side of Magellan material descriptions for profile drawings,The drilled b.Septic System not permitted. the view of any Magellan pipeline pipeline(s)will not be required Magellan's approval,.The radius will be calculated over No septic-system,including any marker posts are not permitted on for utility cables that are plans and description shall any 3 joints(range 2 type drill lateral lines will be permitted on Magellan's Easement Tract.. installed using the directional include,but not be limited to pipe)segment using the Magellan's Easement Tract, 4)Irrigation Systems,Field drill or jacking method, the following: following formula: c. Retaining Walls.Retaining walls Drain Lines,and Sidewalks. it.Crossings By Metal Pipelines or Profile and plan showing Rdrilled=(Ldrilled/Aavg)x are not permitted on Magellan's Irrigation systems,field drain lines Conduits.Metallic pipe crossing location of entry and exit 180/R Easement Trach and sidewalks that are to cross a Magellan pipeline(s)may require points Where:Rdrilled=drilled radius it.Fences.No fence shall be Magellan pipeline must cross such Magellan to perform a cathodic Work space required to over Ldrilled constructed or maintained on pipeline at an angle as close to 90 protection interference survey,If perform the work Ldrilled=length drilled;no Magellan's Easement Tract degrees as possible,but in no event interference with Magellan's Mud containment and less than 75 feet and no greater without a written agreementat an angle less than 45 degrees cathodic protection system is disposal sites than 100 feet e. Requirements for Fences.If and must comply with other detected and remediation is 2) Owner shall positively locate Aavg=total change in angle fencing on Magellan's Easement applicable provisions ofthis necessary,Owner agrees to and stake the location of over Ldrilled Tract is authorized by a written document, cooperate with Magellan and to Magellan's existing pipelines At the completion of the pilot- agreement with Magellan,the c.No Water Bodies on Magellan's make necessary adjustments in and other underground hole drilling,Owner shall provide fencing must comply with the Easement Tract.Retention of water, Owner's interfering metallic pipe or Facilities,including exposing to Magellan a tabulation of following: including but not limited to, other remediation to correct such any facilities located within horizontal and vertical coordinates, 1) Not Parallel to Pipeline.No Livestock ponds,lakes,retention interference problem insure that the 10 feet of the designed drilled referenced to the drilled entry fence shall be allowed to be '.. ponds,or wetlands may not be Magellan cathodic protection path.Prior to commencing point,which accurately describe constructed parallel closer constructed or formed on Magellan's system is operating properly, drilling operations,Owner the location of the pilot hole, than 10 Feet to any Magellan Easement Tract. e.Crossing Requirements. shall modify drilling practices 5)Drilling Fluids. pipeline,within the d.Surface Crude and Elevation Electrical,Fiber optic,local service and down-hole assemblies to -The composition of drilling fluids boundaries of Magellan's Changes.Surface grade or elevation communication,long distance prevent damage to proposed for use shall comply with Easement Tract, changes must be reviewed and carrier telephone,and utility cables Magellan's existing pipelines all applicable laws and regulations.. 2) Fence Posts Location.No approved in writing by Magellan, should cross Magellan pipeline(s) and other facilities.Owner • Owner is responsible for Fence posts will be allowed to with a minimum of 24-inches of shall be responsible for losses obtaining,transporting and storing be within five(5)feet of any 4.tGA&Ivertical separation All such lines and repairs occasioned by any water required for drilling Magellan pipeline or facility, Crolsings.No foreign pipelines or must be covered with a Concrete damage all Magellan Fluids, 3) Cates Required.Magellan utility lines of any type shall be Stab for the full width of the pipelines and other facilities • Disposal ofdrilling fluids and may require any fence allowed to be constructed parallel to Easement Tract,if requested by resulting from drilling or drill cuttings shall be Owner's constructed within the any Magellan pipeline within the Magellan.,If such lines have an boring operations.. responsibility and shall be boundaries of Magellan's boundaries of Magellan's Easement exposed concentric neutral,a test 3) At all times,Owner shall conducted in compliance with Easement Tract to have gales Tract point from the ground wire shall be provide and maintain applicable laws and regulations.. of such size and suitability as installed by the power company, instrumentation to document Drilling fluid shall not be disposed is necessary or convenient for a.Minimum Angle for f-Crossing Requirements For and accurately locale the pilot ofby placing fluids on or under Magellan to access its Pipefine/Utifity Crossing.Any Lines Going Over a Magellan hole and the drill bit, to the surface of Magellan's pipelines and/or facilities for foreign pipeline or utility that is Pipeline.In the event the electrical, measure drill-string axial and Easement Tract., its operations,including proposed to cross a Magellan fiber optic,local service torsional loads,and to • Owner shall employ best efforts inspections,at each point pipeline must cross the Magellan communication,long distance measure drilling fluid to maintain full annular circulation where the fence crosses apipeline at an angle as close to 90 carrier telephone,and utility cables discharge rate and pressure, of drilling fluids,Drilling fluid Magellan pipeline or facility degrees as possible,but in no event at cable crosses over a Magellan At Magellan's request,Owner returns at locations other than boundary,Magellan shall be an angle less than 45 degrees, pipeline,such line shall be encased shall promptly provide entry and exit points shall be allowed to put a Magellan b.Vertical Separation in red concrete across rhe fulf Magellan with reasonable minimized.If annular circulation lock on such gates,which will Requirements for Crossing.Foreign width of Magellan's Easement access to information and is lost,Owner shall take steps to allow access to Magellan's pipeline(s),utilities(except high- Tract,unless a variance is granted readings provided by these restore circulation.If inadvertent Easement Tract and/or voltage lines-see below)or flow by Magellan,as set forth below, instruments,including copies surface returns of drilling fluids facilities through such gates, lines should cross Magellan g.Written Authorization for of any written documentation. occur,they shall be immediately 4) Angle of Fence Crossing.It pipeline(s)with at least 24 inches of Variance.Owner must have written 4) Pilot Holecontained with hand-placed is preferred that fence vertical separation,.Special written authorization from Magellan for any The pilot hole shall be barriers(eg,hay bales,sand bags, crossings be as close to 90 authorization must be given in the variance from the vertical drilled along the path silt fences,etc.)and collected degrees as possible.. event vertical separation is less than separation requirements listed above shown in the plan and using pumps as practical.If the that specified in these General and/or for any variance from the profile drawings,No pilot amount of surface return is not 3. Encroachment Requirements.The requirement for hole shall be made that great enough to allow practical ,f„w(yylf { preferred method for a foreign will result in any of the collection,the affected area will be pipeline or utility to cross a Magellan encroaching utility being diluted with fresh water and the a.Landscaping Definition, pipeline is to cross below the installed in violation of fluid will be allowed to dry and Landscaping shall include, Magellan pipelinelaws and regulations or of dissipate naturally,If but not be limited to,trees, c.Warning Tape Required. When Magellan's requirements shrubs,underground any foreign pipeline or utility line is described herein. irrigation or sprinkler proposed to cross a Magellan However,safely for any systems,sidewalks or other pipeline,Owner must place 6"wide adjacent utilities and/or paths,retaining walls,terraces McMaster-Carr No,8288TI2 or structures is of utmost or other land grade changes, equal within Magellan's Easement importance,"Therefore, within 'Tract the listing ofseparation distances or tolerances herein does not relieve Owner from responsibility For safe operations or for damage to adjacent utilities and structures, • If tolerances are not specified in the plan and profile drawings,the pilot hole shall have the ._.__...,.._.___.......W................W......W..W.,.. — _----- ------- www.,,,,,,,..M...��...., ._,..._ ...,,,.. Follow toleran - ........ Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17_e www_.._ General Encroachment Requirements—(L.P.— 1/1/07) EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 3 of 4 _.ww_...w____.w-__. __.www wwwHwH ..m.H.kw.... .m--- ---------------------_------------..m... ._. ...:.__.� ..._.—.. ....._._.........................................�_ ._....._._._._.. .. ._.._. the amount of surface velum exceeds that minimum compacted cover over ffie carrier pipe,as Owner shall place Six-inch wide plastic degrees, which can be contained with hand-placed measured from the base ofthe rail to the top ofthe warning tape,McMaster-Can No,.82881'12 or 2) Vertical Separation Requirements for barriers,small collection sumps(less than 5 pipe,as follows(see Figures 1 and 3): equal, over each pipeline for the width of the Waterway Crossing. Pipelines to be crossed cubic yards)may be used unless permits or temporary road or equipment crossing,plus an must have a minimum vertical separation of other regulations prohibit the use of collection tYjlnimum Ww additional 20 feet past each outside edge of such five(5)feet,as measured from the bottom of sumps.:If the amount of surface return Location of ';;gid, temporary road or equipment crossing the waterway to the outermost pari of a exceeds that which can be contained and pipeline '... Over Top of k. Owner Required to Protect Magellan Magellan pipeline,facility or appurtenance collected using barriers or small sumps,or if' Prim Pipelines,Magellan may require Owner to put in the return of dilling fluids occurs in the body U....n..d...e...r....t.r...a."c"""k""" u-.r."e Place additional cover andlor stabilization 3}Adding Weight to Pipeline for Negative of water proper,drilling operations will be '...... proper(Below 6,0 feet (timbers,steel plate,crushed rock,concrete slab, Buoyancy. Owner shall bear the cost of suspended until surface return volumes can be '... berttorn of rail etc,)at any approved equipment crossing in order Magellan adding sufficient weight or controlled. Under all other to protect Magellan pipelines,taking into account mechanical devices to any Magellan pipeline 6)As-Built Drawing:Owner shall provide to surfaces within the 3,0 feet possible effects of weather,pipeline depth,and crossed by a waterway in order to create Magellan an as-built plan and profile drawing right of way or from type of vehicles proposed to cross the pipelines: negative buoyancy for such pipeline. ofthe drilled crossing showing the location of the bottom of ditchesMagellan will analyze each proposed crossing the new crossing as well as the location of based on information provided by Owner to 8. Btastine' Magellan's pipeline. g. Roadway and Driveway Crossings. determine any additional depth or protection that Roadways and driveways,shall be installed with may be required for safe pipeline operation.. a. Magellan Written Approval 5• v "IR a minimum compacted cover over the earner L Heavy Equipment-Definition and Required-Plan To Be Submitted. Crossfnes. No roadway,driveway,railroad or pipe,as measured from the top ofthe roadway Requirements.Heavy equipment shall be defined Magellan must approve any proposed equipment crossings of any type shall be allowed surface to the top ofthe pipe,as follows(see as vehicles having a gross weight in excess of blasting operations that could affect its to be constructed parallel to any Magellan figures 2 and 4): 86,000 pounds.Heavy equipment shall be pipelines or facilities.Should blasting be pipeline within the boundaries of Magellan's prohibited from working directly on top ofthe necessary,a comprehensive plan most be Easement Tract.. active pipeline,.For vehicles having a gross submitted to Magellan for review and ,"" � NIR-Im-PA weight of 80,000 pounds or less,the pipeline must written approval,. a. Pipeline Integrity Inspection..A pipeline CIMMI41UL n Mhave a minimum of 4 feet of cover.Magellan Is. Safety Considerations-Damage integrity review shall be performed by Magellan Over Too of Pipeline must analyze the additional longitudinal stress Prevention Plan.For safety and as described in provision"6"under"C. due to external loads if the vehicles have a gross preservation of Magellan assets,all �.. G`j7)t"NX"10`G; rt&t"dP.A)`")F4d6fp�lkg°"(above). -•••• weight in excess of 80,000 pounds in order to blasting shall be in accordance with Under roadway b. Load Bearing and Stress Limit surface proper 4,0 feet determine required pipeline depth for safe federal,state,and local governing Requirements.Prior to any road,driveway,rail operation,. agencies and the Magellan's"Damage bed or equipment crossing construction, (Below surface of Prevention Plan for Blasting Near avemmt. Magellan's engineer most determine whether the "•�-�--�---- --- _"""""" """"""""""""""""""""""""""""""""""""""""""""""""""""Under all other 6. '" v�^ w Company Facilities",A copy of said plan proposed compacted cover meets load-bearing will be made available upon request.. requirements and provides adequate protection to surfaces within the 3,0 feet a. Parking Lot and Pavement Requirements. ht of way or from limit stress on Magellan's pipeline or other rigAll parking lots and other pavement installed on E. EXCAYA'FCON NEAR M,�,CEI,LA,�f' facilities and must advise Owner of'any the bottom ofditches -- - - -- .......................... Magellan's Easement Tract shall consist of a PIPELINES,; additional requirements necessary to provide flexible surface such m asphah,No reinforced adequate protectionh. Crossing PipefinesTransporting Highly Y concretewill be allowed, L, '" gWC,'kNC4.'°. ,�,v MtFCII; �,.nb No li i ll M F id Liqus. or Magellan pipelines c. No Crossing Over Pipeline Bend.Paved Volatile b. Pipeline Depth Under Parking Lot.The excavation or activity listed In"A.GENERAL transporting highly volatile liquids,minimum surfaces or rail beds shall not ti allowed to cross cover for a crossing at a drainage ditch must be 4,0 depth e Magellan's pipelines under a parking tot - r,�„9�eddt'f9��dXPX"Xk&..r in t&e vii"above shall be a pipeline bend(point of inflection), most meet or exceed compacted covet performed by Owner m the vicinity of d.Minimum Angle of Crossing.Crossings feet, requirements listed in the previous"Roadway, Magellan's facilities or within Magellan's should be as close to 90 degrees to Magellan L When Additional Depth Required.Depth Driveway,Railroad,and Equipment Crossings" Easement Tract until proper telephone pipeline(s)as possible,but not less than 30 greater than the minimum depths stated above may section above notification has been made to the appropriate degreesbe required for a pipeline due to the combined "One Call"system and a Magellan e. Pipeline Casing Issues. Magellan prefers that stress of internal pipeline pressure and external loading pressure,Magellan will analyze each 7. ,ad ,Av kLV bes" representative is on-site to monitor excavation cased roadway and railroad crossings no longer activities.All ofthe states in which Magellan proposed p an installed,If the carrier pipe under roadways crossingbased on information a. Pipeline Depth Requirements.If Owner conducts pipeline operations have"One Call" by Owner to determine any additional depth that and railroads requires adjustment or relocation, proposes to cross a Magellan pipeline with a laws,which require 48-72-hours notification then instead of using casing,the carrier pipe will may be required for the pipeline for safe operation, waterway(river,stream,creek,irrigation canal,or prior to any excavation related activities: consist of extra strength material or heavier wall j.Temporary Roads and Equipment Crossings.Ansuch road or crossinmust meet the Followindrainage ditch),such crossing must result in After making aOne-Call,the state One-Call thickness to accommodate the additional g g Magellan's pipelines meeting or exceeding the agency will notify Magellan to mark longitudinal stress due to external loads,If a road requirements: minimum depth below the bottom ofthe accurately,in a reasonable and timely or railroad crossing currently uses casing and the - Must be located at a site approved by a waterway for compliance with then current manner,the location ofthe Magellan's Magellan field rep road or railroad is being widened and no other resentative: pipeline construction standards and federal,state, pipeline facilities in the vicinity ofthe adjustment or relocation ofthe carrier pipe is • Must provide adequate protection for and local regulations, proposed encroachment, required,then Magellan may elect to extend the Magellan's pipeline and other facilities,as b. Requirements for Waterway Crossings: gdetermined by the appropriate Magellan casing pipe on the existing crossing(s)s}to t) Minimum Angle or Crossing,Crossings 2. ONE-CAL„ �GATION;The accommodate additional road surface.If casing is engineer,so that the compacted cover meets should be as close to 90 degrees to Magellan following list is provided for convenience,but used,it must not end under the roadway surface load-bearing requirements and provides pipeline(s)as possible,but not less than 45 is not narranted by Magellan to be complete or track structure,but must extend across the adequate protection to limit stress on the or accurate(telephone numbers were copied entire length of the roadway or railroad right of pipeline or other facilities,. from each state's web site on 1/512004),. way„ Owner is required to acquire and call the f. Railroad Crossing Requirements, Railroads appropriate One-Call number(s)for its shall be installed with a location of activity, L........... Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17 General Encroachment Requirements—(L.P.— 1/1/07) EXHIBIT "B" TO O E_NCRO_ AC MENT AGREEMENT, 4 of 4 Current"ONE-CALL"numbers and information can shall cease using the mechanical means when it reaches a point within two feet of be found on each slate's"ONE-CALL"website: the Magellan pipeline(see next provision). Arkansas-www,arkonecall.com/ -800 482-8998 Colorado-www,uncc2,org/ -800 922-1987 7. Excavating within 2 feet of any Magellan '.. Illinois-www.illinoislcall.com/ -800 892-0123 pipeline shall be done by hand-digging until the pipeline is exposed and its Iowa-www.iowaonecall.com/ -800 292-8989 location is accurately known.Then,Owner must position the excavation Kansas-wwwkansasonecall,com/ -800 344-7233 equipment so that from the point of operations the equipment will not reach Minnesota-www.,gopherstatconecall,org/- within 2 feet of any Magellan pipeline.. -800 252-1166 Missouri-www,molcall.com/ -800344-7483 CC f� Minimum depth Nebraska-www.ne-diggers.corn/ -800 331-5666 RAILROAD AND HIGHWAY CROSSINGS L L below bottom of rail North Dakota-wwwndonecall,com/ -800 795-0555 a. � Railroad Oklahoma- wiecom/ Minimum depth t 0 Drainage , --ditch South Dakota-www,sdonecall,com/ndex.as7Minimum depth Minimum depth lowsm I ground low bottom of rail -80081-7474 Texas-www.lexasonecall.com/ -800 245545 Minimum depth Raihxc4d Otakna a ditch -8511 below ditch l' Wisconsin www.dig6ershotlinecom/ 800242 Vt in Minimum depth belowgrourni'„, - icasedcarrierpipe Alternatively,the National One-Call number—(888) 258-0808-may be used to register a proposed excavation and to subsequently notify underground r °�'” ' "`" „ UVCAWD RNMAD CF70SSNG utility operators with assets in the vicinity. "'-End seal -t.aslre4y Cartier pipe-9,� FIGURE 3 3. "" r{;g" p ^v„ Owner shall submit to CASED RAILROAD CROSSING Magellan for its approval plans for any proposed excavation on the Magellan Easement Tract.No (r� �h�y CC Drainage Ditch commenced until Owner has secured Magellan's written FIGURE 1 belowddch '+ cornmeal of thon one IOwne he excavation work shall be m ement Tract Aal I bee Minimum tleplh,4 e compliance with all applicable laws and regulations, Minimum depth a, Drainage ditch ( Alliance belowddch t tiOY Y"°� CC ��'. Owner is' esed CancerMpo Minimum depth below Best Practices referenced m this document tkm 8irface Of Pavement 4.�fJ�tyet�twe ))� 2yg� """ Canierppe UNCASED HIGHWAY CROSSING A Magellan representative must be on-site when an - „ , "e','" ,�;,,.,��_�.0 FI RE 4 . g ., ,. , GU excavation is occurring on Magellan's Easement Tract \ (see provision 2'under A,;General beginning on End seal pipe -4,(({k'aMrtum depth below page f) surface of pavement CASA HGH/1AYCRDS9NG 5. FIGURE2 Side-cutting teeth shall be removed from buckets of excavating equipment.. 6. � f3fY ..,When,in preparation for crossing any Magellan pipeline with any other pipeline or with electric line,communication line, roadway or any other structure or facility,Owner needs to locale a Magellan pipeline by use of mechanical means,Owner must perform such locating activity by excavating parallel to the Magellan pipeline with such mechanical means,but ......................P.age....1...5....o.f...1..7......................_.................................... Page 16 of 17 __........__..a. ...�.. .......�.... ...�................Page 17pof 17...�...... ...__......... General Encroachment Requirements—(L.P.— 1/1/07) RESOLUTION NO. 7749 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLAT OF SOUTHBRIDGE CROSSINGS APARTMENTS,AND A CONDITIONAL USE PERMIT FOR OVER-HEIGHT STRUCTURES WHEREAS, Jamie Thelen, applicant, and Shakopee Crossings Limited Partnership, property owner, has made application for preliminary and final plat of Southbridge Crossings Apartments and a conditional use permit for over-height structures; and WHEREAS, the property upon which the request is being made is legally described: Outlot A, Southbridge Crossings East 3"d Addition, and WHEREAS, all required public notices regarding the public hearing for preliminary and final plat and conditional use permit were duly sent and posted and all persons appearing at the hearing on July 7, 2016 have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the proposed preliminary and final plat and conditional use permit on July 7, 2016 WHEREAS,the City Council reviewed the preliminary and final plat on July 19, 2016 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the final plat of Southbridge Crossings Apartments is hereby approved subject to the following conditions: The following relates to the Preliminary/Final Plat of Southbridge Crossings Apartments 1. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of the title by the City Attorney 2. Payment of Park Dedication Fees in accordance with the most current City of Shakopee Fee Schedule. 3. Payment of all Stormwater Management Plan Review Fees will be made, as required by the most current City of Shakopee Fee Schedule. 4. Payment of the Trunk Sanitary Sewer Charge, as required by the most current City of Shakopee Fee Schedule. 5. Payment of the Trunk Stormwater Charge, as required by the most current City of Shakopee Fee Schedule. 6. The applicant will record private access and maintenance agreements for each lot utilizing the private driveways, the private sanitary sewer, and the private stormwater system serving the subdivision. 7. The applicant will record a maintenance agreement for the infiltration areas needed to accommodate the subdivision. 8. The applicant will work with the City to review the existing AUAR for this site in regards to proposed traffic impacts. All improvements necessitated by this subdivision will be the responsibility of the applicant. 9. The applicant must provide electronic files of the final plat in PDF and AutoCAD format with datum in the Scott County Coordinate System. 10. Right-of-way, in the form of sight-triangles 15' in dimension will be provided in the southwest and southeast corners of Lot 3, Block 1. 11. Additional Right-of-Way will be provided in the southwest corner of Lot 3, Block 1 so that it is parallel to the existing curb and gutter of the cul-de-sac. 12. The applicant will work with the City to provide any needed easements to accommodate a future trail along Stagecoach Road. 13. Easements shown on the Final Plat are to be as approved by the City Engineer. The applicant must provide 15'drainage and utility easement adjacent to the perimeter of the subdivision and provide drainage and utility easements to encompass any public drainage flow through the subdivision. 14. The applicant must work with Shakopee Public Utilities regarding the relocation of the existing 12" watermain to an acceptable location and provide the necessary easement. II: The following conditions must be addressed/completed prior to approval of a grading permit and/or a street and utility plan: 1. The applicant shall work with Natural Resources staff to impact the fewest number of existing trees on the site, specifically high priority trees. 2. The applicant must comply with conditions of the MnDOT review memo dated June 23, 2016. 3. The applicant will install bituminous trail or concrete sidewalk to connect to the existing infrastructure to the west and south along Crossings Blvd and also provide a sidewalk or trail connection to Stagecoach Road along the proposed driveway. 4. The applicant will work with the City to grade areas along Stagecoach Road to accommodate a future trail of at least 8' in width and provide the necessary easements. 5. The applicant must obtain approval of the site's stormwater management plan from the Public Works Department. 6. The applicant must grade the entire site, as proposed on the approved plans, in one (1) phase, within one (1) year from the date of the approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as-built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. If the grading is not completed within one (1) year, a new grading permit is required. 7. All sanitary sewer and storm sewer serving this subdivision will be privately owned, operated, and maintained. 8. Appropriately sized and adequate quantities of rip-rap and geo-textile fabric will be placed at all flared end sections outletting to each of the stormwater basins. The riprap and fabric will be placed to the bottom of the basins. 9. A certain amount of landscaping can be allowed in storm water basins. However, the quantities, species, and locations will need to be approved in writing by the City Engineer. The maintenance of the landscaping is the responsibility of the property owner. 10. The applicant must comply with the stormwater review e-mail comments dated June 24, 2016 from Stacy Harwell Hoschka of WSB and Associates. 11. The applicant must provide a tree preservation and landscape plan that meets the requirements of City Code Sections 151.112 and 151.113. 12. The applicant must work with Magellan Pipeline to comply with requirements for development of the site. 13. A community building for residents of the development must be included in the development on Lot 3 and be constructed during the first phase of development. The size and location shall be consistent with the submitted plans. 14. The proposed private amenities and trails and must be constructed at the time of construction of the first phase of the development. III: Following approval and recording of the final plat, the following conditions shall apply: 1. The applicant must complete a noise study and use the appropriate Sound Transmission Class rated windows/construction materials in the development. 2. Any signage for the development must comply with City Code and receive sign permits. The following relates to the Conditional Use Permit request for over-height structures: WHEREAS,proper public hearing notices were sent, published and posted, and on July 7, 2016 a public hearing was held on the requested Conditional Use Permit before the Planning Commission; and WHEREAS, the Planning Commission recommended that the City Council approve the proposed conditional use permit for over-height structures; and WHEREAS, the City Council reviewed the proposed conditional use permit request for over-height structures on July 19, 2016; NOW, THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it adopts the following findings relative to the request for Conditional Use Permit. CUP Criteria and Proposed Findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding#1: The City Council has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions. Criteria #2 The amendment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2: The City Council finds that the approval of the conditional use permit will not impede the normal and orderly development and improvement of surrounding property. Criteria#3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; Finding#3: The City Council finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The City Council finds that this use is consistent with the purposes of the High Density Residential (R-4) Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding #S The City Council finds that the use is not in conflict with the Comprehensive Plan. BE IT FURTHER RESOLVED, that the Conditional Use Permit to allow over- height structures is approved subject to the following conditions: 1. The proposed buildings must not exceed 63' feet in height when measured from pre-construction grade. 2. The location of the buildings must comply with structure setbacks for the R-4 zone. 3. Building materials must comply with City Code requirements and the design and appearance of the building must be generally consistent with the submitted plans, which includes varying wall heights, balconies, varying exterior wall depths, and varying colors of building materials. Adopted in session of the City Council of the City of Shakopee, Minnesota, held on the day of ,2016. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 i T J V �r 1 SOVA�SSO-80 C61/ Wl L° ° o I � I 1 1 I 1 1 � 1 0 c i 1 C% m je C7 0 ZI c_ �1 �1 s� p 1 l> �00"A General Business 10. B. 1. TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 07/19/2016 SUBJECT: Traffic Study Impact Review for HyVee from Bolton & Menk, Inc. (D,E) iii Action Sought To review the Traffic Impact Study Review and provide comments for the Hy-Vee Development. Background The proposed Hy-Vee development at the NE corner of Trunk Highway 169 & Marystown Road has submitted for preliminary plat approval. Part of the requirements for their submittal is a traffic impact study on the surrounding roadways. This requirement was from MnDOT, the County and the City. A traffic impact analysis was submitted by Kimley Horn in June 2016 for Hy-Vee. The report contains 37 pages with 10 tables and 16 exhibits. Attached is the report for the Council's review. With traffic concerns mentioned at the June 21, 2016 Council meeting, staff contracted with Bolton & Menk, Inc. (BMI) to review the report. Attached is the BMI traffic impact study review of the Kimley Horn report. The review report has a couple of recommendations on location of driveways with the main intersections functioning at a good level of service. BMI will present the findings on the traffic impact report and be able to answer any questions from the Council. One item in the report to address a council concern, is a comparison of the Crossroads Shopping Center to this area. The traffic volumes are much less due to the amount of commercial acreage is much less than Crossroads Shopping Center. Recommendation Staff recommends receiving the report and the recommendations. Budget Impact None. Relationship to Vision This supports Goal D & E: Deliver effective and efficient public services by a staff of well-trained, caring, and professional employees; and deliver effective and efficient public services by a staff of well-trained, caring, and professional employees. Requested Action To review the Traffic Impact Study Review and provide comments for the Hy-Vee Development. Attachments Traffic impact Study Review (BMI) Traffic Impact Analysis (Kimley Horn) Consulting r Surveyors ` 12224 hlicollet Avenue• Burnsville, MN 55337 Phone (952)890-0509 • Fax (952)890-8065 www.bolton-menk.com MEMORANDUM Date: July 14, 2016 To: City of Shakopee,MN From: Jacob J. Bongard, P.E. Chris Chromy,P.E.,PTOE Subject: Traffic Impact Study Review Hy-Vee Development Introduction The Traffic Impact Study(TIS)for the Hy-Vee Development in Shakopee, MN dated June, 2016 was reviewed to determine if and how the proposed development impacts the traveling public. Overall,the TIS appears to be accurate.The results indicate minimal levels of transportation concerns on an operational basis due to the development during the Opening year(2019) and Horizon Year(2029) evaluation periods. It is anticipated that these transportation concerns do not need to be mitigated as specified in the study for the opening year and horizon year. The Horizon Year with West End development build scenario will require mitigation of several study area intersections to accommodate future growth. Additional analysis is required with the West End development to understand impacts once a site plan is solidified. Forecasts Forecasts are provided for Opening Year(2019)with and without the site development and Horizon Year (2029)with the site development. A 2029 forecast with West End development is also included within the evaluation at the request of the City of Shakopee. The TIS forecasts appear to be consistent with the Site Plan. The TIS includes a 96,000 square foot grocery store, gasoline station/convenience market with 16 fueling positions, 10,000 square foot medical office building, and 200 attached multi-family dwelling units. The AM and PM forecasted trips appear to meet expectations. A site plan of the proposed development assembled by Kimley-Horn can be found in Appendix A of this document. H:AShak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TTS Review_Final.doex DESIGNING ING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 0 Page 2 Public Roadway System Impacts It is anticipated that the development traffic would be primarily dispersed to Vierling Drive and Marystown Road(CSAR 15) as defined in the study. The traffic increase from the development(443-AM /931-PM trips during the peak hours)to other roadways and intersections is anticipated to be minimal when related to daily roadway capacity as noted below. Anticipated % Daily Max Volume Roadway Existing 2029 Growth Proposed Change Roadway to Capacity Segment AADT Rates* AADT in AADT Capacity" Ratio*** Vierling Dr 18 000 to 2,750 2.71 7,450 271% 22 000 0.42 (E of Marystown) Vierling Dr 18 000 to 2,550 1.19 3,040 19% 22 000 0.17 W of Marystown) Marystown Road 18 000 to 4,400 1.17 5,150 17% 0.29 S of TH 169) 22,000 Marystown Road 18 000 to 6,700 1.51 10,120 51% 0.56 N of TH 169 22,000 Adams Street 18 000 to 3,950 1.18 4,665 18% 22 000 0.26 (N of Vierling) *2029 daily growth rates are developed from applying the growth observed during the AM and PM peak hours **Daily Roadway Capacity Range based on Figure VI-6 of the Scott County 2030 Comprehensive Plan Update ***Lower volume threshold utilized Generally, a volume to capacity(V/C)ratio should be less than 1.00 with a goal of less than 0.85 to allow for increases during special events and other special conditions. All of the corridors discussed above have V/C ratios less than 0.85. The change in traffic volume is higher than 5%but volume to capacity levels are less than 0.6 for all locations. While the above applies, there will still be a noticeable change in traffic volume on Vierling Drive at peak times with back-ups exceeding 200 feet where they are minimal to non- existent today for the westbound left-thru approach lane at Marystown Road. Operations The studied intersections identified within the TIS decreased levels of service (LOS) due to the proposed Hy-Vee Commercial development. The evaluation reviewed the opening year(2019) and horizon year (2029) future traffic volumes. Due to minimal background growth anticipated within the study area,the proposed development is the key contributor to increased delays/queues anticipated in both the 2019 and 2029 build years. Marystown Road at Vierling Drive • LOS decreases from A to B for the overall intersection in the PM peak hour. • LOS decreases from A to C for the westbound movement in the PM peak hour. The increased delay to westbound is likely to create some backups from Marystown Road that are extended from 30 feet to 120 feet on average and from 50 feet to 225 feet for the 95Th-percentile queues. H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review_Final.doex DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer. 0 Page 3 Review of the analysis indicates that there is acceptable storage length available in the westbound thru- left lane to accommodate the extended delays. While deemed to be adequate,the long backup may be a safety concern depending on the placement of the western-most Vierling Drive site driveway(Driveway 3). Longer backups in the thru-left lane during the PM peak hour may impact the sight lines for turning traffic onto Vierling Drive from the development site. Marystown Road at US 169 WB Ramps • LOS decreases from A to C for the eastbound movement in the PM peak hour. The increased delay to eastbound is anticipated to extend average queues from one vehicle today to three vehicles in the future. While it is expected to increase average vehicle delay for the approach,the low volume approach is not expected to greatly influence the overall intersection delay. Westbound right turn 95th-percentile queues are expected to increase from 80 feet to 150 feet due to site-generated traffic,but this increase can be accommodated by the existing intersection. Marystown Road at US 169 EB Ramps 0 LOS A is expected to be maintained during the AM and PM peak hours for the overall intersection and all individual movement. Marystown Road at 17`h Avenue S • LOS A is expected to be maintained during the AM and PM peak hours for the overall intersection and all individual movement. Queue Analysis at Study Intersections The site plan for the commercial development includes three full access driveway locations along Vierling Drive and one right-in/right-out access on Marystown Road. The current placement of the driveways along Vierling Drive are as follows: Marystown Driveway Driveway Driveway Road 350 FT #3 450 FT #2 370 FT #1 Functional intersection design methodology is utilized to evaluate the placement of Driveway 3,the westernmost driveway, in relation in Driveway 2 and Marystown Road. The increase in westbound left turn movements at the Marystown Road/Vierling Drive intersection causes additional queueing to occur on the westbound approach. Anticipated queues for the Horizon Year(2029)build traffic volumes are provided below in conjunction with the required stopping sight distance based upon existing roadway speeds. Marystown Road at Vie ding Drive Functional Intersection Area(2029) AM Queue Length PM Queue Length Controlling Speed Stopping Sight Functional Int.Area Approach Lane Average 95th% Average 95th% Queue Length Limit Distance Entering Exiting Eastbound LT-Thru 20 34 26 49 49 30 200 249 200 Thru-Right 34 57 35 64 64 264 Westbound LT-Thru 48 82 119 223 223 30 200 423 200 Thru-Right 22 36 31 66 66 266 Northbound LT-Thru 36 60 51 85 85 45 360 445 360 Thru-Right 47 73 65 99 99 459 Southbound LT-Thru 48 74 60 94 94 45 360 454 360 Thru-Right 29 51 42 67 67 427 The interaction of the additional queueing and the placement of driveway 3 develops a conflict in the design of the corridor. The table above indicates that the driveway should be placed a minimum of 320 H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review_Final.doex DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer. 0 Page 4 feet from Marystown Road to accommodate the average queues and 423 feet to accommodate the 95th_ percentile queues. The placement of Driveway 4 along Marystown Road is also evaluated to ensure that vehicle interaction occurring at the driveway is independent of the decision malting process at the intersection of Marystown Road at Vierling Drive. The proposed driveway location of 575 feet south of Vierling Drive appears acceptable as the value exceeds the 460-foot minimum to meet this criteria Crossroads Shopping Center In order to better define the scale of the proposed development and associated impact to the surrounding roadway network, a comparison is established to differentiate the proposed Hy-Vee Commercial site plan from the commercial properties in and around Crossroads Center, located west of Marschall Road on Vierling Drive. The following table provides a comparison between the key components associated with each development. Evaluation Measure Hy-Vee Crossroads Center Development Development TH 169—*Vierling Drive Intersection Spacing 1/5-Mile 1/8-Mile Existing Vierling Drive AADT 2,750 18,600 Access Spacing from Primary N-S Roadway 350'-400' 350 Supermarket Square Footage 95,800 SF 67,500 SF Additional Commercial/Retail Development 5.7 Acres 24.4 Acres A summary of the table above is as follows: • The spacing of the parallel cast-west roadways of TH 169 and Vierling Drive is greater at Marystown Road when compared to CSAH 17 (Marschall Road). This spacing provides a greater potential to accommodate the growing traffic volumes associated with the proposed site development as well as other future traffic needs. • The Hy-Vee supermarket is anticipated to be larger than the existing Cub Foods located in the Crossroad Center development,but the accompanying 5.7 acres of commercial and retail property proposed with the Hy-Vee property is far less than the nearly 25 acres that is present near or within the Crossroads Center Development. • The existing land use surrounding the proposed Hy-Vee development site is primarily residential properties and parks. All of which are lesser traffic generators than the commercial development within close proximity to the Crossroads Center Development. H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review_Final.doex DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer. 0 Page 5 Sight Distance Evaluation A field visit was completed to review the sight distance for the proposed driveway locations identified within the Hy-Vee TIS. Findings of this evaluation indicate that there are not likely to be any concerns with sight lines at the proposed locations barring the implementation of additional landscaping features with the proposed site. Images of the existing sight lines for three driveway locations can be found below. Vierling Drive at Driveway 2 /i, O Gil y , 110 Vierling Drive at Driveway 3 /ar /ilii mr t r Marystown Road at Driveway 4 l�'1//iii ///%%°/� d H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review Final.doex DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer. 0 Page 6 Marystown Road—Driveway 4 Trail Crossing The proposed Hy-Vee development site has a right-in/right-out driveway located off Marystown Road where the City of Shakopee has identified a future trail connection. Because of the development and location of a future driveway,it is important to identify a suitable crossing location. It is recommended that the crossing be placed at a location where driver's sight lines are directed towards the pedestrians crossing the driveway rather than focusing on the completing the exiting curve. The recommended crossing location is documented in the image below. C �' �� i,� �., w� f ' Traffic control internal to the Hy-Vee development site should also be reviewed during the design process to ensure that a consistent flow of traffic is allowed to enter the site from Marystown Road. Initial observations indicate that stop/yield signs should at a minimum be placed on the north and south legs of the intersection to control movements exiting from the convenience store and north-south running drive aisle. This would ensure that a safety issue does not develop where entering vehicles backup onto southbound Marystown Road, creating a safety issue and obstructing sight lines for pedestrians crossing at the proposed trail location. Intersection Capacity Utilization The TIS prepared for the Hy-Vee Commercial Development includes an evaluation of the impacts and necessary mitigation that accompanies the anticipated West End development. Through this evaluation,it was determined that either traffic signals or roundabouts would be required to alleviate delays and provide acceptable operations at the intersections of Marystown Road at Vierling Drive,US 169 WB Ramps, and US 169 EB Ramps in the future. Additional mitigation is also expected at the 17"Avenue S intersection to accommodate the West End growth,but the Hy-Vee development is only a minor contributor to this based upon the assumed distribution of development trips. The table below reviews the Intersection Capacity Utilization(ICU)for the three identified study area intersections. ICU is a high-level measure of how an intersection is functioning and how much extra capacity is available to handle traffic fluctuations and incidents. Intersection Capacity Utilization Peale %Growth by Hy-Vee Average Intersection 2029 2029 2029 Build Hour Development Growth No Build Build w/West End Marystown Road AM 37.1% 47.8% 61.4% 44.0% 46.4% at Vierling Drive PM 38.8% 62.8% 88.0% 48.8% Marystown Road AM 32.1% 41.1% 59.4% 33.0% 34.7% at US 169 WB PM 48.8% 1 67.6% 1 100.5% 1 36.4% Marystown Road AM 29.5% 40.1% 49.6% 52.7% 48.7% at US 169 EB Ramps PM 25.9% 44.9% 68.5% 44.6% H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review_Final.doex DESIGNING FOR A SETTER TOMORROW Bolton&Menk is an equal opportunity employer. 0 Page 7 In this situation,it is a measure to evaluate the amount of capacity occupied by each of the anticipated background growth, Hy-Vee development traffic, and West End development traffic. The final value presented in the table under"Average Growth" documents the percentage of the total increase in ICU that can be attributed to the Hy-Vee development during the AM and PM peak hours. This value acts as a high-level indicator to identify the portion of the total growth that can be attributed to the Hy-Vee development as well as the overall impact and role in causing each intersection to exceed acceptable levels of delay during the peak hours. From this evaluation, it is estimated that the Hy-Vee development accounts for approximately 35% and 49%of the future capacity utilized each of the studied intersections. It is assumed that the West End development occupies the remaining capacity. Conclusions and Recommendations The development impacts are identified in the study. There are anticipated to be delay increases and traffic backups more than what there is today at multiple study area intersections. Based on the analysis, the traffic backups are able to be accommodated within the existing roadway network with a slight modification to the placement of Driveway 3 along Vierling Drive. Sight distances appear adequate at each of the proposed driveway conditions due to minimal grades and little horizontal curvature in the study area roadways. Some items of note are mentioned below. • Marystown Road at Vierling Drive o The westbound left turn queues and delay within the thru-left lane for the AM and PM peak hours is deemed to be acceptable. The additional traffic will be noticeable during the PM peak hour. ■ The long backup may be a safety concern with the existing Driveway 3 placement 350 feet from the Marystown Road intersection. It is recommend that the driveway be moved to a location 400 feet east of the proposed location to provide additional spacing from the all-way stop controlled intersection while maintaining an acceptable distance from Driveway 2. o The northbound right turn delay and queues are acceptable during the AM and PM peak hours. • Marystown Road at US 169 WB Ramps o Impacts anticipated to be minimal. • Marystown Road at US 169 EB Ramps o Impacts anticipated to be minimal. • Marystown Road at 17th Avenue S o Impacts anticipated to be minimal. H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review Final.doex DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer. q i y Page 8 Appendix A Hy-Vee Development Conceptual Site Plan H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review_Final.doex DESIGNING FOR A SETTER TOMORROW Bolton&Menk is an equal opportunity employer. LD 2 LD 2 1 1 < < z < < W w LU of of < < V) z O cl ww o� ll� w < m < u) I —r N u) w uj w w LLI Lu Ld L u u - " , w z of of S < < -� w w CL QQ < < x I z 0 0 LU C) 0 ;� -yr I u I - Lu r r4 g u) 0 C, uj u) 0 z cl cl Z W z z 0. R Of w 0 LU 1 2 m 0 0 < (D x < z) 0 w C) 0 u) Lu w of x z z z _j w IIIIIIIIIIIIIIIIIIIIIIIIIII o L� L� // LU vi vi vi d c, cr) (D V) tx/i k............ pm, O/a i ,a % j 'wd Ah /r Or- 0 j I ff PER "Oraoe I ON �k, A ro d A, mmmm k., . .......................................... f A ts P 0 Lwu ,1 II I OMA �....J.O. r/ O C ,� ,r 7,7 w 0 0 0 0, g") All All. a IN' 7 g g A 41 �/ � /r/ fr // / �7 [ # erl� I. ,.P' d,M1 / I 1 i, �77 UT/TTTTT - W > R FS On, 34OVO�Alwnoo V/ sf, �//--—---- ---—————————--——------————————— f c<L -e ra) gine, ......... a III TRAFFIC IMPACT ANALYSIS Hy-Vee Development NE Corner of Trunk Highway 169 & Marystown Road Shakopee, Minnesota June 2016 Prepared By: Kimley ))) Horn 2550 University Avenue West, Suite 238N pi Saint PaLd, Minnesota 55114 Traffic Impact Analysis Hy-Vee Development NE Corner of Trunk Highway 169 & Marystown Road (CSAH 15) Shakopee, Minnesota Prepared for: Hy-Vee, Inc. Prepared by: Kirnley-Horn and Associates, Inc. Saint Paul, Minnesota I certify that this Traffic Irnpact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of traffic and transportation engineering, By. Douglas M. Arnold, P.E. Minnesota Registration 4 52721 Kinfley-Florn and Associates, Inc. Date: Klmley)))Horn TABCONTENTS LE OF Introduction 03 Existing Conditions 05 Future Conditions 09 Intersection Capacity Analyses 27 Recommendations&Conclusions 37 TABLES Table 1.Analysis Scenario Summary 03 Table 2. Historic AADT Volume Data 09 Table 3. ITE Trip Generation Data 11 Table 4,Site Generated Traffic Projections 12 Table 5. Level of Service Grading Descriptions 27 Table 6, Level of Service Grading Criteria 27 Table 7. Delay and Level of Service Summary for Study Area Intersections 29 Table 6.Delay and Level of Service Summary for Study Area Intersections(Horizon Year with West End) 33 Table 9. Delay and Level of Service Summary for Access Driveways 34 Table 10,Vierling Drive Roadway Volume Capacity Analysis 36 Ny-Vee Development ,�,,,,wPnge.,. t June 2016 Klmley>Morn EXHIBITS Exhibit 1 —Project Site Location and Study Area 04 Exhibit 2—Existing Geometry and Intersection Control 06 Exhibit 3—Existing (2016) Peak Hour Traffic Volumes 08 Exhibit 4—Opening Year Background(2019) Peak Hour Traffic Volumes 10 Exhibit 5—Opening Year(2019) Net New Commercial Site Trip Distribution 15 Exhibit 6—Opening Year(2019) Net New Residential Site Trip Distribution 16 Exhibit 7—Horizon Year with West End (2029) Net New Commercial Site Trip Distribution 17 Exhibit 8-Horizon Year with West End (2029) Net New Residential Site Trip Distribution 16 Exhibit 9--Commercial Pass-By Trip Distribution 19 Exhibit 10—Opening Year(2019) Commercial Site Generated Trips 20 Exhibit 11 —Opening Year(2019) Residential Site Generated Trips 21 Exhibit 12—Horizon Year(2029)Commercial Site Generated Trips 22 Exhibit 13--Horizon Year(2029) Residential Site Generated Trips 23 Exhibit 14—Opening Year Total(2019) Peak Hour Traffic Volumes 24 Exhibit 15—Horizon Year Total(2029) Peak Hour Traffic Volumes 25 Exhibit 16—Horizon Year Total with West End(2029) Peak Hour Traffic Volumes 26 Y�y Wce Development Page,.2 June 2016 Klmley)Morn INTRODUCTION Kimley-Hom and Associates, Inc., (Kimley-Horn) was retained by the prospective land user to evaluate the traffic impact related to the proposed development on the northeast corner of Trunk Highway 169 (TH 169)& Marystown Road (CSAH 15) in the western portion of Shakopee, Minnesota. An aerial view of the proposed development location and the surrounding roadway network is presented in Exhibit 1. The purpose of this study is to assess the traffic impacts of the proposed development on surrounding streets and intersections and to determine if any mitigation is necessary. This traffic impact study was prepared based on criteria set forth by the City of Shakopee and Scott County, and conforms to the traffic analysis methodology submitted to Scott County and MnDOT in May 2016 (included in the Appendix), The current plan includes a grocery store, gas station with a convenience market and car wash, and a medical office building. A second phase is planned that will include a multi-family residential component of the development. One (1) right-in/right-out drive is planned along Marystown Road and three (3)full access driveways are planned along Vierling Drive. The proposed site plan detailing the access driveways is included in the Appendix. The traffic evaluation included five (5) scenarios in which weekday AM and PM peak hour level of service analysis was performed; Existing Conditions (2016), Opening Year Background (2019), Opening Year Total (2019), and two for Horizon Year (2029). Table 1 provides a summary analysis. Table 1.Analysis Scenario Summary Existing Conditions _ 2016 Existing Existing Existing Opening Year2019 Existing Existing r Existing+3 years of Background Background Growth Opening Year Total 2019 Existing Existing+Full Existing+3 years of Background Development Growth +Project Traffic _.._.._... Horizon Year Total 2029 Existing Existing+Full Existing+ 13 years of Background Development Growth+Project Traffic Horizon Year with Existing+Horizon Existing+Full j Existing+13 year of Background West End 2029 Year Suggested Development+West End Growth+Project Traffic+West Improvements Development End Traffic A list of the intersections analyzed within the study area are as follows. The study intersections and proposed driveways are shown in Exhibit 1. • Marystown Road &Vierling Drive West (ail-way stop-controlled) • Marystown Road & TH 169 WB Ramps (WB stop-controlled) • Marystown Road & TH 169 EB Ramps (WB stop-controlled) Marystown Road & 17 1h Avenue West (CSAH 16) (WB stop-controlled) I-ly-tJcr,Development Page 3 age3 June 2016 0 ' r r rr �i I r 1 i d r r GEND1i proposed Site Location 0 Study intersections j f y t/' Alh proposed Site Driveways fj EXHIBIT 1 Klmley)) Horn PROJECTSITE LOCATION AND s"rUDY E K�8rnley'�>> Horn EXISTING CONDITIONS Kimkev-Horn conducted @ field visit to collect relevant information pertaining to existing land uses in the surrounding area, the adjacent street system, current traffic volumes and operating conditions, lane configurations and traffic control at nearby intersections, and other key roadway characteristics. Area Land Uses The subject site is currently undeveloped. The surrounding area is mainly comprised of residential unite. A city park that includes baseball/softball fields is located vvoat of the site eonosa &1Brystown Road. There is@fire station north ofthe site onVior|ingDrive. Existing Roadway Characteristics Afiekj visit was conducted within the study area along M@rystovvn Road andVieding Drive. As m result of this visit the following information was obtained about the existing roadway network. TFRUNK HIGHWAY 169 runs generally in an east-west direction UD the south side of the proposed development. Adjacent to the development, TH Highway 169 is a limited access freeway with two travel lanes in each direction. The roadway provides access to Highway 41 to the west and Highway 101 tothe east. The posted speed limit ieO5 mph. rUDS generally in 8 north-south direction On the west Side Of the proposed development. Between TH 169 and Vierling Drive, the roadway transitions frorn a four-lane divided section (south) to 8four-lane undivided section (north). The roadway is identified as m Minor Arterial in the City's 2030 Comprehensive Plan. North OfVier|ing Orive, the roadway is oe/|ed Adonne Street, where itterminates at 1OmAvenue West. To the south, MaryStovvn Road provides access to C8AR1O (17m Avenue West)and other east-west roadways.Adjacent to the development, the posted speed limit is 45 mph. The Speed limit increases to 55 mph south ufTM Highway 169. C8AH 15. north ofTH10S. iacurrently being transferred back tnthe City ofShakopee. runs generally in on east-west direction on the north side of the proposed development. The roadway is four-lane undivided roadway adjacent to the development. The roadway is identified as Collector iDthe City's 2O3O Comprehensive Plan. The roadway provides access toC8AH68tothe west and CSAH77and CGAH79tothe east, and continues east toEagle Creek Boulevard, |nfront ofthe development, the posted speed limit iS3U mph. Currently there are pedestrian facilities on both sides of Vier|ing Drive, and nopedestrian facilities along K8@rystovvn Road. The City's 283O Comprehensive Plan shows aproposed County trail along MorystovvnRoad, south ofTH18S. Exhibit 2 provides lane assignments and traffic control type at the study area intersections. Hy-Vee ---------- _ Page � June 2016 | � Ems— -- ,/ won Now --- r J r f p Proposed Site location men Existing Stop Control � � / J ➢ %�� f {Jr�1/'fl .i EXHIBIT 2 Kimley)) Horn EXISTINGGEOMETRY INTERSECTI ON CONTROL., Klmley)))Horn Traffic Count Data Turning movement counts were collected for a 24-hour period on Thursday, April 28, 2016 at the following study intersections: 0 Marystown Road & 17th Avenue West (CSAH 16) ® Marystown Road & TH 169 EB Ramps • Marystown Road & TH 169 WB Ramps ® Marystown Road & Vierling Drive West This count data is included in the Appendix. Exhibit 3 represents the collected weekday morning and evening peak hour intersection turning movement volumes, which were used for a basis the existing conditions capacity analysis and the future volume development. H.,: , .,.��w ��ao���. a....,� .�mm,e� ,.�,m,nro. ,w,M .y�-Vap D �c,fr�C��� ent Page 7 Juiie 2016 i r �p, 171(122) 111(122) (" ) ' �111 1d2 0(0)_11p l 17(d) I I f �( 77(151)—� 77(151) rI 145(58) m a2 w c%ro ar chi � , v , N — 95(201) G—53(108) d(d) 12 �—32(37) kI , 1 m`"' � � i / l..,; ✓�� � r �%''%/%l�////%//ir////%i//!//�%/1r��/l%%�i//�/�j/lllrf/i 1 16" 169(105) 16(43) �� rr � Jl//i�/��/i✓i/,, ���� f'�' �^�/l�✓ruGv���4�G�(��;I��'ie �'�%a , � dlr%) 1% I�Illll ��l��i Proposed Site Location (XX) AM(PM)Peak Hour Volumes r 1�1� .�/ll/�l l I nI 17�r�ir�r1'�al�jy'xsl I EXHIBIT 3 Kimley))) Horn EXIsTING, PEAK HOUR TRAFFIC JM ���� ��NW����� m`��W 0 ����� '�~ � N��� N � « FUTURE CONDITIONS This section of the report outlines the proposed site p|8n, sunnnnorizgS site-specific traffic characteristics, and develops future traffic projections fOranakmka. Background Growth Traffic Forecast Background growth was calculated aS8combination nfhistoric growth projected tooCCurinUhefutuna years and committed developments in the vicinity of the proposed development. Historic background growth was calculated by applying an annual growth rate to existing turning movement volumes. To determine the annual growth rote' historic Average Annual Daily TBxfhn (AADT) information provided by K4n[)CTvv3s reviewed for the surrounding roadway network. Table 2 provides m summary ofthe historic K8mOOTAADT information. Based on the information, the network volume grew 2.7%from 2O10to2O13. Therefore, a 1.096 annual growth rate will be applied to existing volumes to determine Opening Year (2019) and Horizon Year (2029) background turning volumes. Table 2.Historic ADTVolume Data MMMIWest of Marystown Road 11676 35,000 EMistoff M TH 169 TH 169 East of Marystown Road 11679 38,000 ...........7'"' 7 Marystown Road US 169 to CSAH 16 42203 4,000 4,400 Marystown Road US 169 to Vierling Drive 42209 7,200 6,700 Marystown Road(Adams St) Nort h of Vierling Drive 42413 3,850 3,950 Vierling Drive West of Marystown Road 59748 2,450 2,550 Vierling Drive East of Marystown Road 61513 2,400 2,750 Overal I Network Volume 90,900 93,350 Percent Growth 2.7% Exhibit 4 provides a summary of the Opening Year Background (2019) turning movernent volumes 8tthe study intersections for the morning and evening peak hours. J <--114(126) ' +..0(0) () �i� +—IA(126) 7g(1�6)-- o(a)f 14(ep 1 79(166)—3 79(156)—� N Sa i 1 i u � � ��/' ip�r��(�!��rli1� �a, ., /l ✓1 1� N%ri1� �� �� a'� '1 r- i , �i �/r f 0(1)_.1` I I 0(1)---) 0(o)—y I r/ 4,—.-1741013 j > �//i//// ///��/i/✓rc W %� 1 V�. 0 l ( ) 4;—16(4-0) LEGEND r Proposed Site LpCa�1011 ll i s G�'l/ XX(XX) AM(PM)Peak Hour Volumes% EXHIBIT 4 Kimley))) Horn OPENINGE (201 PEAK HOURTRAFFIC VOLUMES ��° ��� ���U��� ��l� 0 �l���� /������� NW Development Characteristics & Site Access The proposed development is planned for two phases; Phase 1 will include a 90,000 square foot grocery s8mna, a gam station/convenience store with 10 fueling positions and oar vvaoh' and approximately 10'000 square foot medical Office building. The grocery store will be t8hg up the majority of the property, with the gas station and nnediC@| office located On the north end of the property. The second phase of the development will include up to 200 multi-farnily dwelling units on the east side Ofthe property. Access to the site is planned along both N1aryGtown Rood and V|Rding Drive. Along Vier|ing Drive. three (3) full acooSG driveways are planned; one on the western side of the site that will service primarily the gas station and convenience store (Driveway 1)' one in the central part ofthe site that will serve asthe main site entry/exit along ViGr|iRgDrive across from the fire station (Driveway 2). and one On the east side of the Site that will primarily Sgn/e the residential portion of the development across from Parkview Court (Driveway 3). Along Marystown Road, one (1) right-in/right-out driveway is planned (Driveway 4). • Driveway 1 is located +/- 370feet west ofCider Circle w Driveway 2 is located +/-45Ofeet west of Dhv8vv@y 1 and +/-4O0 east of Driveway 3 • Driveway 3 is located 35Ofeet east Of K8arystown Road • Driveway 4islocated 55Ofeet north ofTH169and +/-575feet south ofVi8r|ingDrive Trip Generation In order to calculate the passenger vehicle trips generated by the proposed deve|opment, data was referenced from the Institute of Transportation Engineers (ITE) manual titled Trip Generation, 9th {Edition. Trip generation equations are not available for all Ofthe applicable ITE Land Use Code(LUC); therefore, the average rates and equations shown in Table Jwere utilized. Table 3.ITE Trip Generation Data Multi-Family Apariments(LUC 220) Number of dwelling T=0,51 *X T=0.62*X Medical Office Building(LUC 720) Square Footage T=2,39*X Ln(T)=0.9*Ln(X)+1.53 Gasoline Station with Convenience Market Number of fueling T= 11 84*X T= 13.86*X and Car Wash(LUC 946) positions 51%in/49%out 51%in/49%out � Hy-V**De*y|upment Page 11 JuneJO1G Klmley)))Horn Passenger vehicles are expected to exhibit a diverse range of travel patterns when traveling to and from the subject development, as described below: Internal Capture Trips — Internal capture trips represent traffic that is generated by the land uses in the development that will make a stop at another land use within the development, therefore never entering the external roadway network. These trips are reduced from the base trip generation potential to determine the total number of driveway trips the proposed development will generate. Pass-by / Diverted Trips — Pass-by traffic reflects the travel patterns of motorists who are already traveling on the adjacent study roadways and stop at the site in route to another primary destination. Although the ITE Trip Generation Handbook, 3rd Edition, does not provide data for a Gas Station with Convenience Market and Carwash (LUC 946), data is provided for the similar use Gas Station with Convenience Market (LUC 945). According to the Trip Generation Handbook, roughly 62 percent of vehicles during the morning peak hour and 56 percent during the evening peak hour are pass-by trips. For the Supermarket, the ITE Trip Generation Handbook, 3rd Edition states that roughly 36% of vehicles during the morning and evening peak hours are pass-by trips. Per these assumptions and the calculations detailed previously, site-generated traffic projections are presented in Table 4. A detailed breakdown of the trip generation calculations is provided in the Appendix. Table 4.Site Generated Traffic Projections ..........=11111, EM ♦ . Medical Office 10,000 SF 19 5 24 10 27 37 Supermarket. ......,u...,u..., ,w. wo� .. ..-r. ... r_. ..... ....... .a w�.,... .o,... Yr96,000 SF 202 124 326 386 370 756 ..- ..............., ," �......a�..�_a...- � w�. � ..................... ,. �naR � ...M..-..w....._ ,Gasoline Station 1 C-Store 16 Fueling 96 93 189 113 109 222 Positions ... . ...- ,. .., .R........... .... _. , aa Total External Tris 317 ,.,. 222 11 59 .a 509 „n,..a°50G 1, ..- p 015 Internal Capture Reduction 63 63 126 59 59 118 Total Driven y Trips 254 159 413 450 447 897 Pass-by Capture (Supermarket and Cas Station) -36 -36 -72 -45 -45 -90 m 0, ° t + aI 200 Dv�lling Multi-Family Residential Units 111 20 82. 102 81 43 124 ... , .,............... ..... � h. Hy 11ee Developrnent Page'12 June 2016 Klmley)))Horn Based on the trip generation calculations, the site is anticipated to generate 341 net new trips during the AM peak hour and 807 trips during the PM peak hour for Phase 1. The residential is anticipated to generate an additional 102 net new trips during the AM peak hour and 124 net new trips during the PM peak hour. The overall development is anticipated to generate 443 net new trips during the AM peak hour and 931 net new trips during the PM peak hour. Directional Distribution The estimated distribution of site-generated traffic on the surrounding roadway network as it approaches and departs the site is a function of several variables, such as the nature of surrounding land uses, prevailing traffic volumes/patterns, and the ease with which motorists can travel various sections of the area roadway network. m 20% to/from the west on TH 169 ® 40% to/from the east on TH 169 0 10% to/from the south on Marystown Road ® 10% to/from the north on Marystown Road ® 5% to/from the west on Vierling Drive 0 15% to/from the east on Vierling Drive The global distribution will apply to all land uses in the proposed development. It is anticipated that Phase 1 traffic will access the site to/from the driveways along Marystown Road and Vierling Drive. However, it is anticipated that the majority of residential traffic will only access the development to/from far eastern driveway along Vierling Drive. Exhibit 5 provides the net new trip distribution for commercial traffic and Exhibit 6 provides the net new trip distribution for the residential traffic. To account for the regional nature of the West End development (discussed later in the report), it is anticipated that some of the proposed development traffic will travel to/from the West End development. Therefore, 5% of the development traffic was assigned to the West End for the horizon year analysis. The distribution for Horizon Year conditions for the commercial and residential are provided in Exhibit 7 and Exhibit 8, respectively. The majority of pass-by traffic associated with the supermarket and gasoline station is expected to come from Marystown Road (80%), with the remaining pass-by traffic coming from Vierling Drive (20%). Exhibit 9 provides the pass-by trip distribution for the supermarket and gas station land uses. Site Traffic Assignment The site traffic assignment, representing traffic volumes associated with the proposed development at area intersections and the access driveways, is a function of the estimated trip generation (Table 4) and the directional distribution (Exhibits 5 through 9). The following exhibits provide the project trip assignment for the combination of net new and pass-by traffic: Exhibit 10 (Opening Year Commercial Site Generated Trips), Exhibit 11 (Opening Year Residential Site Generated Trips), Exhibit 12 (Horizon Year Commercial Site Generated Trips), and Exhibit 13 (Horizon Year Residential Site Generated Trips). Til-1-111-1-11. -i V1-1 .,� n,..1 A , „ a_"n,. .1 li, n �. ". . w,� -I 11,a -"",, -�l-- 1-1-11-1111111—„-1 �. ,,1, y ,� CJrvelopryient (-'ige 13 June 2016 Klmley>Morn Future Volume Projections Exhibit 14 provides the Opening Year Total (2019) peak hour volumes, a combination of Opening Year Background (2019) volumes and site generated volumes. Exhibit 15 provides the Horizon Year Total (2029) peak hour volumes, a combination Horizon Year Background (2029) peak hour volumes and site generated volumes. A second Horizon Year analysis was performed to account for projected traffic from the West End development. The master plan for this development was approved by City Council in April 2016. The majority of the West End development is planned for the southwest corner of TH Highway 169 & Marystown Road. For the purposes of this analysis, it was assumed that the entire West End development is to be built out by the Horizon Year, with minimal development occurring before the Opening Year. High level trip generation, distribution, and assignment was calculated and applied to the study area intersections. Exhibit A (provided in the Appendix) provides a summary of the projected morning and evening peak hour volumes for the proposed committed development. Exhibit 16 provides the Horizon Year Total with West End (2029) peak hour volumes. F1Y-ve(- Development (gage 14 Jum 2016 pp �Uo�O Ii%l rr z' ae 0% o a a d56 <--3°fo 4�—3% 10% 294 d°/tl f 11 1 15°� I I 13%j I I 3%) 15% "cc 0%--- T /o---T r I t' I 40° � J� J r �0°fu e r a r �6 `} 0% V TI ._...—. ✓//� � la/�/a(l�s � a �`��'�����1 5,��;fir�., r T I i t` %Ojr /%/; Proposed Site Location l 1 1 . Site Traffic Distribution E [ ��, '�� „ [X%1 outbound Slte Traffic EXHIBIT 5 Klmley)) I E. (2019) ET NEW COMMERCIAL. IT TRIP I T I TI Osa/a] t`-'—[$5a/b] / w � � �i �orb 0/a a+ Orb T �y Ora � 80la— 801a T 0%--4 I ]� �i 5% I Ora may', a�0 0%— 0 0 0 80%'..", Z9 CL 0% G ail— n Sd r i i rr I r/ E '�--40% ar �� LEGEND .o....... Proposed Site Location Site Traffic Distribution '�, i ", � Ix%] Outbound Site Traffic �' p EXHIBIT 6 Klmley))) Horn OPENING E ET NEW RESIDENTIALSITE TRIP IS I, T I ['ION � 7 i o m r y aivi u r~ I <-- 55% <--3% f 13°% sr—3/0 10% 2% 0% I %� / 95°l0 � '� (3%] —3 (13`) - D Ill, 1 . rl r d a I r r r I i Ian I� f 0% r � , r r 0%--4 5°/n —Uf Jif/ioi,�i �rr eiJ' ii �l /'► IN �rlr` rl ',9r 1�bf//��//ii i/ V ?J�jilabl / ��k"JEND 2% Proposed Site Location °% G Site Traffic Distribution "P U%—`•L �`' " ( � � �` I �% �ir ,r I r,/i aid p J a f a J 1f X% Inbound Site Traffic ��° °)1 l �� ` [X°/m] Outbound Site Traffic IrDI " ,� m EXHIBIT 7 HORIZONKlmley))) Horn YEAR WITH ES ENI (2029) ET NEW COMMERCIAL SITE TRIP I I INTI (85%) E--[85%] k---o 5%a 0 fa a s 0%—'�, o o cr 80%n—"4, o �2 0% � reaif i a� I., T f R I 0% �I I I 1 Sia �rLEGEhd.� � �Oafs �� ! I it / /�� �j'���/���i/ir��/�a��� i1 u 2%q 1 Proposed Site Location ala— � xis i� 0%-4, �,��, ,, � � Site Traffic Distribution X% Inbound Site Traffic EXHIBIT 8 Klmley))) HORIZON YEAR WITH WEST END (2029) ET NEW E S IDE TI L SITE TRIP I T I MITI �I 0% « 0% �-5%[25%) ✓a/ I I ©%n Jwl, 0% 1 T �y .4`' I I I 0% I �' 20"fo a 5 0% % e`e m / 0% f �L 30a/o w 0% "c o 0%—:4, moo r r r , i f w r' r I r LECEN �r J, Proposed Site Location ii Site Traffic Distribution x% Inbound Site Traffic CX%] Outbound Site Traffic pp i i i �. �� ..I���il�!'!rl f��1 ��01�Ol ,r�� l�!l!r r�dr�� ���rdF����il��r w„i,d ✓ ( ���� �� 'fri�ld��}�� �(G �'�"<�°7((I��������1� w EXHIBIT 9 Kimley))) Horn COMMERCIAL SITE TIT DISTRIBUTION l� I 1 o(o) �—0(a) x'-79(234) E--�5(9) <—za(e3) vr—9(14) 24)43) /`4(8) 41(70)--4 z9 17 l ( ) l z(1Q)---� _ 16(52) 4a --� 1120( 1-J, I ��J/ 'f w ? 0(0)'y ( i (7 )—y / ( ) f u I IP I J , ii � I <v a I rs a f J '�—23(54) � i r �l 44(8'1) 7 0(0) -- 11(20) 0 0LEGEND r/r�i '/ lirl oiilimyar r / , j , J �) Proposed Site Location p r 11 � XX(XX) AM(PM)Peak Hour Volumes/ rr EXHIBIT 10 Klmley))) OPENING E (201 COMMERCIAL SITE GENERATED TRIPS 0(0) 0{0)—J, 0(0)--;1, 0 0 {0}--->0l 16(65) ^! I 0 1(4) I 1 I �'�J c� c °(0) 16(65) 0(0) c o " r I n p j nr A ' I I r.. r 4 —0(0) f �' �2 / I ur `{ 4(16) W. , 00 rNr�er d f r ////i/ i��✓d r f i r l� x )� LEGEND D1 ,i Proposed Site Location XX(XX) AM(PM)Peak Hour Volumes 'N' EXHIBIT i i r ' �' �1 I ,.f i '1• aar P r I .. �V1 7/r�� / � �'r '✓%�'... EXHIBIT 11 Klmley))) Horn OPENING YEAR RESIDENTIAL I "E GENERATED TRIPS a E---75(230) < 5(.10) I E—29(53) 3(8)) f 9(14) 24(43) N G 3(8) y. �y 0(0)_T I I 0(0)...T I I I p(p} I 18 25 ( ) 2(10)—3 10(52) �; y �+ r r i i q., i y f�.fp(pay) 0(0) .� I I I i a n � L`7 7(12y)—J' T 0 0(0)— c / 0(0) LEGEND O I ii/i i i �rA2ayair��P 1 i � I i ^L F o 0 0(0)� p(0) ✓,,, ,: Proposed Site Location (XX) AM(PM)Peak Hour Volumes' EXHIBIT 12 Klmley))) Horn HORIZON R (2029) ( 7 o � <^70(37) o o. <--70 37) (� j 0(0).�..1 0{0)_� I I ��, 0(0) 16(65') 0 0 0 0(0)--3 'U 4 j o a 0(0)-'.�, .o c`o 16(65)",1, o N� i � l r , f I f1 l- 6(33) 0(0) G-0(0) � T U N o(0)) P u X0(0) .I o(o) Proposed Site Location (XX) AM(PM)Peak Hour Volumes v, EXHIBIT 13 ))) Horn HORIZON YEAR RESIDENTIAL SITE GENERATED TRIPS i p tom"259(393) a o c� �—1890(0) )(173) a o ( )( ) �142 179 24(43) 0(0)-d` 97(231) u7 0^v 95(208) 30(66}� co tci 44(75)� �v,ca`�', lfi (65) � r 1I , r w rj I i r � f � Ir 1 I � 1 I r N" T ( ) 0 r r 193(402) ly 0(1) �— 55(111) D l ' 1 ) J i —186132 44 ) 16 ( ) END Proposed Site Location XX(XX) AM(PM)Peak Hour Volumes r r EXHIBIT 14 Klmley)) I E "IrOTAL (201 ) PEAK HOURTRAFFIC u 9 I 'S ffi aaa ,� ma X00 o(o) a ( ) <--271(406) k---2d1(186) II 9(14) � � � .F"'24(43) ,r, � •� � �zoo(375) '� ���/' ¢� 0(0) .gyp. 143(307)- .T I I I 0(0) I 16(g) 18(29) 106(247)--� 104(224) 31(71) I //` a a 44(75)-'4, o 16(G5)'4 119(66) �' ~ 4 r 4 w�. rr 4 o, rr TI l 1 �r r rr' r r � 1 r 203(424) x-0(0) �1r✓ �� � ' ,,67 60(123) 35(23) N � f 0(14),_I% T � 0(0)— fO�JOSf�SiteLOC8t1(711 � T � 0(0) 1 XX(XX) AM(PM)Peak Hour Volumes EXHIBIT 15 Klmley)) HORIZON " T (2029) PEAK HOUR TRAFFIC VOLUMES � I / ��'� of ( ) <--397(620) �- - <—327400) 9(14) 1;—24(43) T (Ol 16 9 1$(29) 41 ;4 4 214(473) 3 . _ 212(450)--> 4 F I I I �I 31(71)� I !�� � �' 44(75) 16(65) 119(66) r g ,1 f r r' rt/ n 1 �uS i- +�� ,� � 203(424) 1 4 E--0(0) .(—312{552) f, h ° 40(82)—J, Ei V m�a� cn `` 143 M -..204( 1J� �a ry <--189(322) Si('156) I �,,, 89 322 w 188(394) 7� LEGEND 32(66)—� � �l ! M ��, Proposed Site Location (XX) AM(PM)Peak Hour Volumes' qq EXHIBIT 16 KlmN )) Horn HORIZON YEAR TOTAL ITH WEST E ( 029) Klmley)Morn INTERSECTION CAPACITY ANALYSES This section of the report summarizes the analysis of existing and future traffic conditions at the study intersections and access driveways, as well as identifying any recommended improvements that may be necessary to achieve acceptable level of service. Capacity analyses were conducted to assess the Existing (2016), Opening Year(2019), and Horizon Year (2029) conditions of the study intersections during the weekday morning and evening peak hours. The capacity of an intersection quantifies its ability to accommodate traffic volumes and is expressed in terms of level of service (LOS), measured in average delay per vehicle. LOS grades range from A to F, with LOS A as the highest (best traffic flow and least delay), LOS E as saturated or at-capacity conditions, and LOS F as the lowest (oversaturated conditions). The LOS grades shown below, which are provided in the Transportation Research Board's Highway Capacity Manual (HCM), quantify and categorize the driver's discomfort, frustration, fuel consumption, and travel times experienced as a result of intersection control and the resulting traffic queuing. A detailed description of each LOS rating can be found in Table 5. The range of control delay for each rating (as detailed in the HCM) is shown in Table 6. Because signalized intersections are expected to carry a larger volume of vehicles and stopping is required during red time, higher delays are tolerated for the corresponding LOS ratings. Table 5.Level of Service Grading Descriptions a d. aMinimal cont7777_,__ . operates at primarily free-flow conditions;unimpeded movement wm.Minor controllized intersections,traffic operates at a fairly unimpeded level with slightly rment within traffic stream. C Moderate control delay;movement within traffic stream more restricted than at LOS 13; formation of queues contributes to lower average travel speeds D Considerable control delay that may be substantially increased by small increases in flow, average travel speeds continue to decrease. ............... E High control delay;average travel speed no more than 33 percent of free flow speed. F Extremely high control delay;extensive queuing and high volumes create exceedingly restricted traffic flow. Table 6. Level of Service Grading Criteria SO d D- A 0-10 0-10 B _ ....... >10-15 . w.. _. >10-20 _ ... __--- -.. . _. C >15-25 >20-35 C >25-35 735-55 E >35 50 >55—$0 __,._..__.. ._. ...._ _.. ..... _,,... . F >50 .. p. Hy-Vee Development ...Page 27 June 2016 Klmley)))Horn Summary at Capacity Analysis at Study Intersections Synch ro/SimTraffic Version 9 software was utilized to evaluate capacity of the study area intersections for the weekday morning and evening peak hours. The analysis was based on existing peak hour factors observed in the field. Existing intersection control and lane assignments were assumed for the existing and opening years. For the horizon year, existing intersection control and lane assignments were analyzed as a base conditions, with alternative analyses looking at the operations of signal control and roundabouts at the four study intersections. Existing Year(2016)Analysis Summary Table 7 summarizes the capacity analysis for the Existing (2016) morning and evening peak hours at the study area intersections. The analysis uses existing turning movement volumes provided in Exhibit 3. Based on the analysis, all intersection movements and the overall intersection are operating at LOS A for the morning and evening peak hours. This is consistent with what was observed during field observations for the morning and evening peak hours. SimTraffic summary reports are provided in the Appendix. Openinq Year(2019)Analysis Summary Table 7 also summarizes the capacity analysis for the Opening Year (2019) morning and evening peak hours at the study area intersections for background and total conditions. Existing geometries and intersection control, and peak hour factors observed in the field were assurned. The background analysis was based on volumes provided in Exhibit 4 and the total analysis was based on volumes provided in Exhibit 14. Based on the analysis, all study intersections are anticipated to operate at LOS B or better for both background and total conditions during the morning and evening peak hours, and similar to existing conditions. The intersection of Marystown Road & Vierling Drive is anticipated to increase from LOS A to LOS B with the addition of project traffic. SimTraffic summary reports are provided in the Appendix. Horizon Year Total (2029)Analysis Summary Table 7 summarizes the capacity analysis for the Horizon Year (2029) morning and evening peak hours at the study area intersections for total conditions. The analysis was based on volumes provided Exhibit 15. Based on the analysis, all study intersections are anticipated to operate at LOS B or better during the morning and evening peak hours, similar to opening year conditions. SirnTraffic summary reports are provided in the Appendix. o,..,,., ��..,.. m�.�t�,, „ .,M.,� mw, .. Ny-Vee Develop malt page 2E JUne 2016 .. ', 43iFl ¢ 0 m m m C) ¢ ¢ d Q d ¢ ¢ ¢ Q ¢ d d d Q �y • Z:f7 � cc5 sn b (f7 Cfl M CV [3 r CO CO M M b- n €O N M LO C17 Y C6 N N n O O C7 6 CJ C5 hl CV C7 uy O CV w � « ¢ ¢ ¢ ¢ Q ¢. ¢.. ..< <L ¢ d ¢ ¢ ¢ ¢ ¢ ¢ < ¢ Q w a <77 (fJ O (b f+ r M (L} CO ,Cn -7 C? try (A Y" i-- O'} U7 N ,U . '�Y CSS f`- h•- (,G C} 6 6 CJ m d d d Q ¢ ¢ ¢ : ¢ Q ¢ ¢ ¢ d Q e 4 lf} N M M CT? 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Z U7 --- v Cd O C E 'CJ 6.co co m m C7 J C-0 Q7 4i Q j > .tom I (' Kimley))) Horn Horizon Year with West End Capacity Analysis The purpose of the Horizon Year with West End (2029) capacity analysis was to provide a snapshot of projected intersection and roadway operations within the project's study area when all future development in the area is completed. This analysis provides a general idea of what improvements will be needed to support the increase in area traffic over the horizon period, and assist local, county, and state officials to start planning for these identified improvements. Based on discussion with City staff, the desire to review alternative intersection control at the study intersections was requested;therefore, the horizon years'analysis looks at the intersection operations assuming existing stop control, signalization, and roundabouts. Synchro/SimTraffic was used for existing stop control and signalization, and RODEL was used to analyze the intersections as roundabouts. The analysis was based on peak hour volumes provided in Exhibit 16, which assumes full build-out of the West End development located on the SW corner of TH 169 & Marystown Road. Table 8 provides a summary of the Horizon Year (2029) traffic operations at the study intersections for the morning and evening peak hours assuming existing lane assignments and intersection control with the West End development. Based on the analysis, there are anticipated to be significant delay at the majority of the study intersections. The intersections along Marystown Road at the TH 169 WB Ramps and 17t''Avenue S are anticipated to operate at LOS F during the morning and evening peak hours. The intersection of Marystown Road &Vierling Drive is anticipated to operate at LOS D for the evening peak hour, however, the WB approach is anticipated to operate at LOS F. Prior to analyzing the study intersections for signalized control, geometric changes/improvements were assumed, that include the following: ® Marystown Road & Vierling Drive— Because of the heavy WB left-turn movement, restriping the WB approach to a dedicated left-turn lane and a shared left-through-right lane would increase capacity (note this would require a split phase for EBM/B). Due to the NB right-turn volume, a dedicated right-turn lane would impact capacity for the NB approach. • Marystown Road & TH 169 EB Ramps —The EB approach does not currently exist, and will be built as part of the West End development. Mainline turn lanes are already constructed, and the EB approach is assumed to have a dedicated left-turn lane and a shared through- right lane, and the WB approach was changed to a dedicated left-turn lane and shared through-right lane to be consistent with EB approach. • Marystown Road & 17t'Avenue S — The EB approach at Marystown Road & 17th Avenue S does not currently exist, and will be built as part of the West End development with an assumed dedicated left-turn lane, one through lane, and one shared through-right lane. The WB approach is currently a five lane section, with dedicated left and right turn lanes, and the ability to provide two through lanes. The IAB approach is assumed to have a dedicated left- turn lane, one through lane, and one shared through-right lane. The SB approach is assumed to have a dedicated left-turn lane, two through lanes, and a dedicated right-turn lane. Iiy Vice Devr.,laprrer� .,n,..,.. Page 30 ,lune 2016 Klmley)))Horn -------------- Table 8 provides a summary of the Horizon Year (2029) traffic operations at the study intersections for the morning and evening peak hours assuming the lane geometric changes/improvements and signalized control. Based on the analysis, all study intersections are anticipated to operate at LOS B or better for the morning and evening peak hours, with the worst movement operating at LOS D at the intersection of Marystown Road&TH 169 WB Ramps(EB approach). SimTraffic summary reports are provided in the Appendix. Fallowing provides a summary of assumptions made for the roundabout geometries used in the capacity analysis at the study intersections: Marystown Road & Vierling Drive © NB Approach — One shared through-left and one dedicated right-turn lane, with one circulating lane on the east leg of the roundabout. o SB Approach — One dedicated left-turn lane and one shared through-right lane, with two circulating lanes on the west leg of the roundabout. o EB Approach — One shared left-through-right lane with one circulating lane on the south leg of the roundabout. • WB Approach — One dedicated left-turn lane and one shared left-through-right lane with two circulating lanes on the north leg of the roundabout. Marystown Road & TH 169 WB Ramps o NB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. o SB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. a EB Approach — One shared left-through-right lane with one circulating lane on the south leg of the roundabout. a WB Approach — One dedicated left-turn lane and one shared left-through-right lane with two circulating lanes on the north leg of the roundabout. m Marystown Road & TH 169 EB Ramps o NB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. o SB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. • EB Approach — One shared left-through-right lane with one circulating lane on the south leg of the roundabout. • WB Approach — One shared through-left lane and one dedicated right-turn lane with one circulating lane on the north leg of the roundabout. f i Vee (�evelopi-neat Page 31 June 2016 Klmley)))Horn a Marystown Road & 1711'Avenue S o NB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. • SB Approach — One shared through-left lane and one shared through-right lane, with two circulating lane on the east leg of the roundabout. • EB Approach—One dedicated left-turn lane and one shared left-through-right lane with two circulating lane on the south leg of the roundabout. o WB Approach — One shared through-left lane and one dedicated right-turn lane with one circulating lane on the north leg of the roundabout. Table 8 provides a summary of the Horizon Year (2029) traffic operations at the study intersections for the morning and evening peak hours assuming the lane geometric changeslimprovements and roundabout control. The analysis was performed using RODEL. Based on the analysis, all study intersections are anticipated to operate at LOS A for both morning and evening peak hours. RODEL summary reports are provided in the Appendix. Based on the horizon year analysis, both signalized intersections and roundabouts will provide acceptable operations at the study intersections. Signalized control will allow far operations to be LOS C or better during the morning and evening peak hours, with all individual movements operating at LOS D or better.Whereas roundabout control is anticipated to allow for operations to be LOS A during the morning and evening peak hours, with all movements operating at LOS A. The decision for future intersection control will ultimately be up to the City of Shakopee, Scott County, and MnDOT to decided. Further studies will need to be performed by the agencies, including Signal Justification Reports (SJR), Roundabout Justification Reports (RJR), and Intersection Control Evaluations (ICE). A more detailed analysis should be performed for the West End development to determine the approach intersection geometries based on a more refined project traffic assignment at Marystown Road & TH 169 EB Ramps and Marystown Road & 17t''Avenue S. .1„ ... .... . A ,wm.r „ u w Hy-Vee Devedoprnen@ Page ,,. 31 June 2016 <C <C 2 < Q < d Q <t <C <C < <C <L <C <C <L < <t Q • • O7 L1"? et LL? Ll"? oC? d CD 00 et S CD cmC?? p UD N N CL? 0? h+ LO �!? M r- co 0 0? N 4 LJ CK? r N 4 d h- w 00 Us LC? 00 Vt Vr d M QD "t m h"- 1 C0 l(7 L0 h-- aG •:fi Imo- to r r law pow r � a �,,� • O7 h- LTi UO M CD 00 01 CD CO S.L7 to to P-- P- M CV 4!? M Cf? 4C1 9:? It Il? 6? LTi h•, N r d d CO C3 y N N M N N 00 Md" QD UD u} umd- ct) M M ei' L, G? y" CD m m (-) in CY m CO m co c0 m 02 m Co C_) Ca m U t". IV •r C1 as L["? an 07 C7 OR d Qq q oa N hn nq a, I I LC? of I N �t �.. C6 QS Ml y j h* hl h- go M ;-^ N N C'q x in M y to C5 M q;^c- N N N W c a A m m ¢ m m CO CO <C 'K m m cn ¢ ¢ on cn CO CO m w • • LQ U? N N c^ UD d h_ LD r„.,_ co M OR O7 C? 'R3` co dei• c^ d d 40 N d Pa T 47 N CO Q LL CO CCS © L- LL <[ <[ CJ LL LL Q Q LL U- U_ << <!; U- u a • • - 07 C3 r N Cf? N i-- N CSC? O N M N N M L. jD RS ` a o Q m Q Q Q LI- Q <C C3 LL LL <( <[ LL LL U- Q Q U. _U • co . co CL? m C37 coC3 CO c-^ N m "Zt � P"- bN d M ht- CO 0c; d N .. N d 'r;1" G17 N N 4.. d J Rf I ,• (II RS (II ST? LCfRT STS LC3 �, (C3 RS tU O O O O O O O O O O _O d O Q O d 'Q7 C3. g' CL CL tT5 C2. O" L2. Q tS5G]» £1 (fl f1 C}_ GL Q e0 < Q d < Q Q 'Q Q <1 Q 4t < Q CO CO co > c0 � CO CIA > co mco ca 7 co m co CO > ' �. w z en O w �� z (j) O w 3 z w O w z ci) 0 c c U1) c CO c h- c? ::) S z z — U) n> o c °n coa n 06m a_ 06 toW O cdfJ cM © LdC1. O > N SCG > 0-, SLC - 01-1 � _00T � CCaC > ny J_ Kimley))) Horn Queue Analysis at Study Intersections Anticipated rnaxitrium queues were analyzed at the study intersections using SimTraftic simulation for Opening Year (2019) morning and evening peak hours. The analysis focused on comparing the anticipated maximum queues reported to the provided storage at the dedicated turn lanes at the study intersections. The results of this analysis are summarized in in the Appendix for each intersection. Based on the analysis, all vehicles queues are anticipated to be within the provided existing storage for dedicated turn lanes. The westbound queue at the intersection of Marystown Road & Vierling Drive has a maximum queue of 254 feet, which is not anticipated to impact the western project driveway(Driveway 1).Also, there are no through movement queues that are anticipated to spill back through an upstream intersection. Access Driveway Capacity and Queue Analysis Table 9 summarizes the capacity analysis for the Opening Year (2019) and Horizon Year (2029) morning and evening peak hours at the project access driveways. Based on the analysis, all access driveways are anticipated to operate LOS A during the morning and evening peaks for both Opening Year(2019) and Horizon Year (2029) conditions. Table 9. Delay and Level of Service Summary for Access Driveways �r. EB Approach 0.1 A 0.3 A 0.1 A 0.3 A Vierling Drive& WB Approach 0.4 A 0.9 A 0.4 A 0.8 A Driveway 1 (East) NB Approach 5.3 A 6.3 A 5,6 A 5.9 B Overall 1.6 A 1.1 A 1.6 A 1.0 A EB Approach 0.2 A 0.4 A 0.2 A 0.4 A Vierling Drive& WB Approach 0.7 A 1.3 A 0.7 A 1,2 A Driveway 2(Central) NB Approach 5.4 A 9.8 A 5.9 A 11.8 B Overall 1.5 A 3.8 A 1.6 A 4.5 A EB Approach 1:1 A 1.2 A 0.9 A 1.2 A Vierling Drive& WB Approach 0.5 A 1.1 A 0,5 A 1.8 A Driveway 3(West) NB Approach 5.6 A 12.0 B 5.5 A 2M C Overall 1.1 A 2.5 A 1.1 A 3.1 A WB Approach 3.1 A 3.5 A 3.4 A 3.9 A ,..,.., .,. ..Mn . .. ti Marystown Road& NB Approach 0.8 A 1.3 A 0,8 A 1.3 A Driveway4 SBS13 Appc -. ......._ .. . _ ._..... . .. ............... ....... . ..... .,........,.. . .....m,. .a.....a ..�.�._ . ....w.� .wroaroa h 1.3 A 1.6 A 1.4 A 1.7 A Overall 1.1 A 1.5 A 1.1 A 1.5 A w e,. ,�w.... ............. ..... . � Hy-Vee Develop ie�71 P-,4je 34 Jerre;2016 Klmley)))Horn Maximum queue lengths were reviewed at the access driveways along Vierling Drive to determine if any queue will spill back into the upstream intersection. Based on the microsimulation, all left-turn queues are anticipated to be less than 100 feet (4 vehicles) and will not impact upstream intersections. Following provides a summary of the queue length for each driveway: • Driveway 1 (East) — 10 feet during the AM peak hour, 34 feet during the PM peak hour • Driveway 2 (Central)—40 feet during the AM peak hour, 53 feet during the PM peak hour • Driveway 3 (West) —24 feet during the AM peak hour, 76 feet during the PM peak hour Turn Lane Analysis at Access Driveways The need for dedicated turn lanes at the project access driveways was revised based on guidelines provided in the National Cooperative Highway Research Program (NCHRP) Report 457. This analysis takes into account the number of turning vehicles, the number of advancing and opposing vehicles, number of travel lanes, and the posted speed of the roadway. Based on the analysis, a dedicated right-turn lane is recommended at the right-in/right-out driveway along Marystown Road for Opening Year(2019)conditions.The turn lane will be designed to minimize sight distance impacts to vehicles exiting the same driveway onto northbound Marystown Road. NCHRP worksheets are provided in the Appendix for all turning movements into the access driveways. Alternatives Analysis Based on discussion with City staff, volumes along Vierling Drive were reviewed to determine if a three-lane cross-section (two travel lanes and center turn lanes) would provide sufficient capacity for the Opening Year (2019) and Horizon Year (2029) conditions during the weekday morning and evening peak hours. The analysis was performed assuming a lane capacity of 600 vehicles per hour for a collector roadway, which equates to an approximate ADT of 12,000 vehicles per day (assuming a K-factor of 0.10, consistent volumes observed in April 2016). Table 10 provides the forecasted directional volumes along Vierling Driveway during the morning and evening peak hours for Opening Year (2019) and Horizon Year (2029) conditions. Based on the volumes analysis, a three-lane cross-section is anticipated to provide enough capacity in the Opening Year; however, with the anticipated traffic from the West End development, the projected westbound and two-way volumes for Horizon Year (2029) conditions are anticipated to exceed the hourly lane capacity threshold. FIl V.... CJc,v .,m .....a �.w.,. ,...-., elopmerit Page 35 June 2016 KlmlepOorn 7"able 10. Vieding Drive Roadway VOIU177e Ca1mcity Analysis Eastbaund 154 0.26 319 0.53 270 0.45 562 0.94 East of Westbound 293 0.49 485 0.81 431 0.72 713 119 Marystown Road Two-Way 447 0.37 804 0.67 701 0.58 1,275 1,06 ----------- Further analysis (including detailed intersection analysis) should be performed once the proposed development and the West End development is completed in order to get a better feel of actual traffic along Vierling Drive in the future. I'll "1 11,11- 1-11.11 1-1111,6-11.1,-1-1,11-1 1111,11,_',, _11-111,11-1111"-"",......... ........... Hy Vee Development Page 36 ,June 2016 = 0������ `��N 0���m�� �`�0� @00��� /4� Q Q��0 0 � m RECOMMENDA,rIONS & CONCLUSION The proposed nlixed use development iS planned to include 96.000 square foot grocery store, a gasoline station/convenience morketwith 16 fueling positions, approximately 10.000 square foot medical office building, and up to 200 attached multi-family dwelling units. The overall development is projected to add approximately 443trips to the roadway network in the morning peak hour and approximately 931 trips during the evening peak hour, and is anticipated to be completed within three years. Access tothe site is proposed via a hBht-/n/riQht-outdriveway on K8arystow/n Road, and three full access driveways along ViodinQ Drive. A review/ of anticipated future operations at the study intersections suggests that the adjacent roadways and intersections will continue to operate acceptably with the addition of site traffic for Opening Year(2O1Q) conditions. As the proposed VVget End development progresses' impacts from that traffic will start to cause capacity issues at the study intersections, The traffic impact analysis provided an analysis that reviewed signalization and roundabout control at the study intersections. Based on that analysis, both options will provide an acceptable level of service, with roundabouts providing overall bettor operations./\ more thorough review ofWest End traffic impacts should be performed to provide more refinement to future improvements in the study area. The proposed development is necononmendod to provide m dedicated northbound right-turn |@Oe at the project access driveway on RQarystmvvn Rood. The right-in/right-out driveway along K0arysƒovvn Road is anticipated to operate at LOS/\atbuild out F<eQerd|oe5 of the final configuration of the intersection Qeometrira, several additional items should be taken into consideration when preparing site and roadway improvement plans for the subject development. While vertical sight distance appears to be adequate within the study area, care should be taken with landscaping, si0nege, and mnonunnentodnn at the site access locations to ensure that adequate horizontal sight distance is provided at intersections. If alterations to the site plan or land use should occur, changes to the analysis provided within this traffic impact study may be needed. Hy'Vee Deve|upmeoi PaDe37 June 2016 / APPENDIX Conceptual Site Plan Traffic Methodology Traffic Count Data "est End Development information Existing Year(2016)SirnTraffic Reports Opening Maar Background(2919)SlmTraffic Reports Opening Year Total l(2019) SlmTraffic Reports Horizon Year Total( 029)SirnTrafflc Reports Horizon Year Total with West End(2029)SimTraffic Reports "vehicle Queue Summary Table NHRIP Report 475 Turn Lane Worksheets June,r`0M,; Kimley)))Horn CONCEPTUAL SITE PLAN 1y-Vo Dpw,,do[,ffrion[ June 2016 aue LLJLJ ' 61 19 slip "AMOVI ........... w TOM ............11............ all, AM 211 ell "UT I W44.441/4 P M. VOW— MR/ "'wags J, zy v" 7" ANN P 59 stv zz' fo All 0 ' Im SAW - Blom V hi A, A vi/ NO MGW v Grt VIM J. Klmley>>>Horn TRAFFIC METHODOLOGY .... June 2016 Klmley)))Hlorn MEMORANDUM To: Bruce Loney, P.E. Public" forks Director City of Shakopee, Minnesota From: Douglas Arnold, P,E. Kimley-Horn and Associates, Inc. TBPE Registered Firm NUrnber F-928 Date: May 3, 2016 NEC of US Highway 169&CSAH 15 (Marystown Road) Subject: Traffic Impact Analysis Methodology Shakopee, Minnesota Introdtiction The project is proposing to construct a new development in Shakopee, MN, The approximately 23,84- acre site is Currently undeveloped, and is proposed to be developed in two phases. The first phase of development would include approximately 16.42 acres of the site, and the second phase would include approximately 7.42 acres Of multi-family residential. The location is shown in Exhibit 1 (attached). This memorandurn details the assumptions that are proposed to be used to complete the traffic impact analysis.These assumptions, listed below,are based on the Institute of Transportation Engineers(ITE), Transportation Impact Analyses for Site Development, Scott County guidelines, and our experience completing traffic impact analyses the Twin Cities area. * Phase 1 of the development includes a 96,000 square foot supermarket, gasoline station/convenience store with 16 fueling positions, and a 10,000 square foot medical office building. Phase 2 of the development includes +/-200 rnulti-family dwelling units. * Trip generation will be based on the ITE Trip Generation Manual, 9th Edition (j,e, current version). Regression equations were used!for the PM peak hour trip generation calculation for ITE 850(Supermarket)and ITE 720(Medical Office); all other trip generation calculations used the average rate. Pass-by trips and internal capture will be based on ITE's methodology. Table 1 (attached) provides the trip generation calculation for the proposed development, Based on the calculation, the development is anticipated to generate 445 net new AM peak hour trips and 951 net new PM peak hour trips, * Site traffic distribution will be based on historical traffic counts, anticipated travel patterns, and development patterns in the area surrounding the site. Exhibit 2, provides the distribution for the Opening Year (2019) conditions, To account for the West End regional traffic generator, the site traffic distribution was adjusted for the Horizon Year to account for site traffic interacting with the'VVest End development. Exhib�it 3 provides the distribution for the Horizon Year(2029) conditions. Klmley>Morn Page 2 * Weekday AM and PM peak period tUrning movement Counts will be collected at these study area intersections. Capacity analyses will be completed for each of the peak hours using Syncliro/S4-nTraffic(version 9),at the foll!owing intersections(also provided in Exhibit 1): Marystown Road ( SAH 15) &Vierling Drive Marystown Road (CSAH 15) & US Highway 169 WB Ramps Marystown Road (CSAH 15) & US Highway 169 EB Ramps Marystown Road (CSAFi 15) & 17"1 Avenue E (CSAH 16) Project Driveways along Marystown Road (CSAH 15) and Vierling Drive * The analysis will focus on the weekday AM and PM peak hours.The development is anticipated be bUilt-out (both phases) within three (3) years. Therefore, the analysis years will include Existing Year conditions(2016) and Opening Year conditions(2019). Additionally, a horizon year analysis will be performed. Based on Scott County's Traffic IM act Analysis Process (April 20015), this development qualifies as a `'moderate" development (500 to 999 peak hour trips), which requires the analysis for a five(5)year horizon period. Based on discussion with City staff, the West End development is anticipated to be built Out within ten to twelve (10-12) years. Therefore, a 10-year horizon period (beyond the opening year) will be analyzed, The horizon analysis will be performed for informational purposes to provide a general idea Of future transportation needs along the study corridor. * Historic ADT information provided by MnDOT was reviewed for surrounding roadways to help in determining the background growth rate to use in forecasting Opening Year and Horizon Year volumes, Based on the data, the overall area has grown by approximately 3%of the five- year period. Therefore, a 1.0% annual growth rate will be applied!to the existing volumes, For the Horizon Year analysis, the projected traffic from the proposed West End development will be included, * Access spacing and the need for turn lanes will be determined as part of the traffic impact analysis. * In addition to the tasks listed above, the City has also requested that the study includes a look at the following areas of interest: Feasibility of constructing roundabouts at the Marystown Road (CSAH 15)& US Highway 169 interchange (both ranips) and the intersection of Marystown Road (CSAH 15) & Vierling Drive, Analysis of Vierling Drive to determine if a two-lane cross section (with raised median and turn lanes)will provide the operations as the current four-lane undivided cross section. We are submitting these aSSLIMptiOlIS for' agency review to allow for the analysis to be cot-ilpleted efficiently. Please discuss or coordinate with, other agency partners as necessary. 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(PIIASE 1) 219 124 343 415 L 4 1=2 827 PHASE 2 PROPO SED DEVELOPMENT Apailments 96.000 SF -)o82 102 81 43 124 (ITE 220) TOTAL NLTNENV PROJECUTRAFF'IC(PHASE 2) 20 82 102 81 43 124 FOTAI..,NLT NEW 11ROJEC"I'TRAU'FIC 239 206 445 49�6 455 17)51 ............... �111............ cu cn CL q/ ui V7/Al A/1" Ya X M CL w 0 < qg 1,0111 l„ u, r, I ,� i a� ! � �i //1�,/ �➢ /G/��% %; ��, alp / IA f�A1� �i �/ �,✓ � � J' , '/ � .,'� rr�''l i�/.� „�r"N� � l� �"f 1 L J 77 /r �'" c /' ", '�� / ;� r r,: rr,r ,N,rB= / �� r,.. ✓,,,, ^"r„», ,,,' ^w ��,. �/f /r/IGIrNN,va�;%!; I,�%r .r/� .;�„�- m ��" / .Il)"��%MriN �"1'Fo�m I � � � "✓ �f°� N' I n!/ ,�� r , 1 ��a�`Yt,1rr'//�Il�rr/�i rrr/ >fllfl/dl/�li 9lrjilr/Di/////,/Il%�r1�J291/elf l! ,,I Jl,;; m r�, '/ � I ra n "�;�,� � � /� ���l�'d "'";'t�N (?a!�/,,,- h», I o� X.ail`; �� l+nYala✓arrlrr N 9!N °G3"7 i�%�W;„ yV i�' �" ', n �`liq �rFn'' �� ,J �,l ��!"�� ILEI /%'f/' � / J "��" �➢I 9 I "� rYIW�"'r! 1 �,wl a ,�� ipl�y N J ,��% °�, ' +,� � W➢Y��,q �IW :, / ' ,. r. �.n' . t � f/ '!`. � ' � ,,;"„f� i�l ��, 'A, or rl�,,?Naf " „' ,!/ / /Ir ', ,m"'1W �,,," � � /� 1,,; IU�"r AIIVI'n �D `, ,a �`,r✓) i,f„ +6 CL lid r IJP j� 1,// � �/ /� ' ip/i((l( ii,/%� % ,1, r �/r � !i '/ f //� ✓ /� / I "'"*,y,)1�� / 1s., I t�1'/� +�ag � ,1'//iii i,i�A „.rr„ ,r, �� � a �� <� l✓ `>N', " ,�� � � 1. / ' I ��1 r `0 LL,I ! r i A r iii/ J I ! C14 'c' t >G 0 L$, PWA General Business 13. A. TO: Mayor and City Council FROM: William H. Reynolds, City Administrator DATE: 07/19/2016 SUBJECT: Closed Session for City Administrator Performance Evaluation (E) iiiAction Sought To go into closed session under Minnesota Statute 13.D.05, subdivision 3(A) to conduct a performance evaluation of the City Administrator.